University  of  California  •  Berkeley 


Gift  of 


SPRING  VALLEY  WATER  CO. 


CALIFORNIA  RED  BOOK 


HILLYER'S 


LEGAL  MANUAL 


1914 


BY 

CURTIS  HILLYER 

Of  the  San  Francisco  Bar 

Author  of  "Law  of  Evidence  in  California" 


SAN  FRANCISCO 

BANCROFT-WHITNEY  COMPANT 

1914 


Copyright,  1914 

BY 

BANCEOFT-WHITNEY  COMPANY 


San  Francisco 

The  Filmer  Brothers  Electrotype  Company 

Typographers  and  Stereotypers 


PREFACE. 


In  this  book  a  very  large  mass  of  material  has  been  assembled 
from  many  sources,  with  the  design  of  having  under  one  cover  a  handy 
up-to-date  reference  book  covering  matters  of  a  legal  nature  which  it 
is  difficult  to  keep  up  to  date  in  text-books  devoted  to  one  subject. 
There  are  also  included  statistical  and  other  general  information  which 
it  is  believed  will  be  of  value  to  the  profession. 

In  the  assembling  for  the  first  time  of  so  much  and  varied  in- 
formation from  different  sources,  it  is  inevitable  that  errors  have  crept 
in.  The  editor  and  the  publishers  will  appreciate  having  their  atten- 
tion called  to  any  such. 

It  is  intended  to  annotate  and  keep  up  to  date  the  matters  treated 
in  the  first  issue.  Additional  matters  will  be  treated  in  future  issues. 
Suggestions  along  this  line  will  be  welcomed. 

Attorneys  and  others  whose  names  appear  in  this  book  will  confer 
a  favor  upon  the  editor  and  publishers  by  notifying  them  of  changes 
of  address,  so  that  they  may  appear  properly  in  future  editions. 

CURTIS  HILLYER. 

San  Francisco,  April  1,  1914. 

Room  628,  Chronicle  Building. 

(iii) 


Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/californiaredbooOOhillrich 


TABLE  OF  CONTENTS. 


Page 

Calendar  1914 1 

Consolidated  Calendar— 1890-1920 7 

Inter-Date  Calendar   10 

Chronology  of  California 11 

Law  and  Motion  Day 17 

Legal   Holidays    IS 

Metric  System   22 

Domestic  Weights  and  Measures 23 

Values  of  Foreign  Coins  24 

Public   Land   Subdivisions 25 

California  Spanish  Land  Measure 26 

Miner's  Inch  Measurements 27 

Water  Measurement — Convenient  Equivalents 28 

American  Experience  Table  of  Mortality 29 

Damage  Table    30 

Table  of  Credits  to  Convicts 34 

Table  of  Interest   Rates    36 

Synopsis  of  Divorce  Laws 37 

Anti-Trust  Laws: 

Sherman   Anti-Trust   Act 189 

Cartwright  Act    190 

Unfair  Competition  Act 194 

Bank  Laws: 

Bank  Act  of  California 196 

National   Bank   Act 267 

Tax  on  State  Bank  Circulation 319 

Tax  on  United  States  and  National  Bank  Notes 321 

Tariff  Act  Approved  August  5,  1909 333 

Federal  Reserve  Act 334 

Banks  in  California 366 

Building  and  Loan  Associations : 

General  Instructions  for  the  Formation  of  New  Building  and 

Loan  Associations , 416 

Civil  Service: 

Civil  Service — Constitutional  Provision 391 

Civil  Service  Act 391 

General  Rules  of  the  State  Civil  Service  Commission 405 

Corporation  Fees  and  Taxes : 

Table  of  Organization  Fees — Domestic  Corporations 54 

Table  of  Annual  License  Taxes — Domestic  Corporations ....  55 

(V) 


VI  TABLE  OF  CONTENTS. 

Corporation  Fees  and  Taxes — Continued:  Page 

Table  of  Orij^^inal  License  Fees — Foreign  Corporations......     56 

Table  of  Annual  License  Taxes — Foreign  Corporations 57 

Stockholders  and  Stocks  of  Foreign  Corporations 58 

Table  of  States  Taxing  Inheritance 620 

Elections : 

OtKcial  Vote— General  Election— November,  1912 1165 

Table  of  Municipal  Election  Dates  and  Commencement  of  Offi- 
cial Terms 1178 

Synopsis  of  Election  Laws 1178 

Fee  Tables: 

Table   of  Fees 975 

Rate  Schedule  of  Bonding  Companies  for  Court,  Fiduciary, 

Insolvency  and  Probate  Bonds 1021 

Short  Rate  Table 1027 

Title  Insurance  Rates 1028 

Government: 

National  Government  1195 

State  Government   1200 

County  Government   1229 

Notaries  Public 1279 

Attorneys  at  Law 1287 

Abstracters  of  Title 1344 

Newspapers  1346 

Income  Tax : 

Federal  Income  Tax — Scope  and  Operation 80 

Federal  Income  Tax   Law    85 

Instructions  of  the  United  States  Treasurer  Regarding  the 

Income   Tax    104 

Old  Corporation  Tax  Law  and  Regulations — Act  of  1909 112 

Regulations  Under  Act  of  1909 119 

Synopsis  of  Decisions — Act  of  1909 125 

Depreciation  in  Coals,  Minerals,  etc 134 

Depletion  of  Oil  Properties 136 

Depletion  of  Natural  Gas  Property 138 

Inspection  of  Returns 140 

Abatement  or  Refunding  of  Penalties 143 

Abatement  of  Assessments  or  the  Refunding  of  Taxes  Claimed 
Under  the  Decision  of  the  United  States  Supreme  Court  in 
the  Case  of  McCoach,  Collector,  v.  Minehill  etc.  Railroad 

Co 143 

Industrial  Accidents: 

Industrial   Accidents — Employer's   Liability 418 

Workmen's  Compensation,  Insurance  and  Safety  Act 418 

Rules  of  the  Industrial  Accident  Board  of  California 461 

Instructions  and  Schedules . . . , 464 


TABLE  OF  CONTENTS.  Vll 

Inheritance  Taxes:  Page 

Inheritance  Tax  Act  of  1893 59 

Table  of  Rates  and  Exemptions  Under  Law  of  1905 60 

Table  of  Rates  and  Exemptions  Under  Law  of  1911 60 

Inheritance   Tax   Table— 1913 61 

Inheritance  Tax  Act  of  1913 62 

Rates  of  Inheritance  Taxes  and  Exemptions 79 

Mining : 

United   States  Mining  Laws 517 

Regulations  528 

California  Mining  Laws 565 

Naturalization : 

Naturalization  Laws 594 

Naturalization  Regulations   613 

Table  of  States  Taxing  Inheritances 620 

Oil  Laws: 

Oil  Laws    621 

Withdrawal  Act 621 

Patents : 

Patents    628 

Pensions : 

Army  and  Navy  Pensions — Applications  and  Attorneys 647 

Table  of  Attorneys'  Fees 650 

Rules  of  Practice  in  Pension  and  Bounty  Land  Appeals 657 

Regulations  and  Instructions  Relating  to  Pension  Claims.  . .  .  661 

Political  Subdivisions : 

Senatorial   Districts    1348 

Assembly  Districts 1356 

Congressional  Districts 1368 

Fish  and   Game  Districts 1368 

Agricultural   Districts 1369 

Population : 

Population  of  California  by  Decades 1184 

Population  of  Minor  Civil  Divisions,  1910 1185 

Postal  Regulations: 

Postal   Service 691 

Public  Lands: 

Suggestions  to  Homesteaders  and  Persons  Desiring  to  Make 

Homestead  Entries   736 

United  States  Homestead  Laws 755 

Regulations  Governing  Entries  and  Proofs  Under  the  Desert 

Land  Laws 787 

United  States  Land  Office — Rules  of  Practice 808 


VIU  TABLE  OF  CONTENTS. 

Public  Utilities:  Page 

Public  Utilities — Constitutional  Provisions 824 

Public  Utilities  Act 828 

Water  Companies  Act 884 

Full  Crew  Act • 886 

Headlight  Act   888 

Pipe-Line  Act 889 

Pipe-Line  License  Act 898 

Act  Declaring  Pipe  Lines  Common  Carriers 903 

Pure  Food: 

The  Federal  Food  and  Drug  Act 924 

Rules  and  Regulations  for  the  Enforcement  of  the  Food  and 

Drug  Act 931 

California  Pure  Foods  Act 946 

California  Pure  Drugs  Law 952 

Rules  and  Regulations  for  the  Enforcement  of  the  California 

Pure  Foods  and  Drugs  Act 957 

California  Pure  Foods  Act 946 

California  Pure  Drugs  Law 952 

Rules  and  Regulations  for  the  Enforcement  of  the  California 

Pure  Foods  and  Drugs  Act 957 

Food  Sanitation  Act  of  March  6,  1909 968 

Acts  Relative  to  Labeling  of  Cold  Storage  Eggs  and  Butter. .  971 

Rules : 

Rules  United  States  Supreme  Court 1028 

Rules  of  Practice  for  United  States  Courts  of  Equity 1043 

Rules  of  Admiralty  Practice   on  the   Instance   Side   of  the 
Court,  in  Pursuance  of  the  Act  of  the  23d  of  August,  1842, 

Chapter  188   1061 

General  Orders  in  Bankruptcy 1073 

United  States  Supreme  Court 1083 

Clerk 's  Instructions  as  to  Applications  for  Writs  of  Certiorari 

Under  Act  of  March  3,  1891 1083 

Rules — United  States  Circuit  Court  of  Appeals — Ninth  Cir- 
cuit   1084 

Rules  in  Admiralty — Circuit  Court  of  Appeals,  Ninth  Circuit .  1097 
Rules — United   States   District    Court,    Southern    District    of 

California    1099 

Rules — Supreme  Court  and  District  Courts  of  Appeal — Cali- 
fornia    1116 

Rules  of  Practice — Superior  Court — San  Francisco 1128 

Rules — Superior  Court — Los  Angeles  County 1144 

Rules — Justices'   Court — San  Francisco 1156 

Rules — Police  Court — San  Francisco 1159 

Rules — Attorney  General — Leave  to  Sue 1160 

Rules — For  Parolinoj  of  Prisoners 1162 


TABLE  OF  CONTENTS.  IX 

State  Taxes:  Page 

Taxation  for  State  Purposes 144 

Statutory   Provisions    148 

General  Information  in  Regard  to  State  Taxes 178 

Synopsis  of  Tax  Laws '. 180 

Values  of  Property  in,  and  Indebtedness  of,  Each  County  for 

the  Year  1913    188 

Time  Table : 

Consolidated   County  Table. 1370 

Time  Table    1371 

White  Slave : 

White  Slave  Traffic 972 


HILLYER'S 

LEGAL    MANUAL. 


1.  Thursday 

2.  Friday 

5.     Monday 


12.  Monday 

13.  Tuesday 

16.  Friday 

26.  Monday 

31.  Saturday 

2.  Monday 


CALENDAR  1914. 

JANUARY. 

—New  Year's  Day.    Legal  Holiday.     (Pol.  Code,  10.) 
Motor  vehicle  law  effective.     (Stats.  1913,  p.  656.) 
Workmen's  Compensation  Act  in  force.     (Stats.  1913,  p.  320.) 
^New  registration  begins.     (Pol.  Code,  1094.) 

Last  day  for  factory  owners  to  file  statements.     (Stats.  1913, 

p.  444.) 
Last  day  for  mortgage  insurance  companies  to  obtain  certificates. 
(Stats.  1913,  p.  481.) 
— United  States  Circuit  Court  of  Appeals  adjourned  session  at  San 
Francisco. 
California    Supreme    Court — Law    and   motion   calendar   at   San 

Francisco. 
Second  installment  of  taxes  payable.     (Pol.  Code,  3746.) 
Superior  Courts — Kegular  session  begins.     (Code  Civ.  Proc.  73.) 
Cities  of  sixth  class — Municipal  officers  take  office.     (Mun.  Corp. 

Bill,  605.) 
Long  Beach,  Los  Angeles,  Riverside,  San  Francisco,  Santa  Bar- 
bara and  Santa  Monica — Municipal  officers  take  office. 
— California  Supreme  Court — San  Francisco  session  begins. 

United  States  District  Court — January  term  begins  at  Los  An- 
geles. 
— ^State  Board  of  Medical  Examiners  meets  at  Sacramento.     (Stats. 

1913,  p.  723.) 
— Last  day  for  savings  banks  to  report  unclaimed  deposits  to  Super- 
intendent of  Banks.     (Bank  Act,  sec.   15.) 
— District  Courts  of  Appeal — Law  and  motion  day. 
— Last  day  for  insurance  companies  to  report  investments.     (Pol. 
Code,  421.) 

FEBRUARY. 

— United  States  Circuit  Court  of  Appeals — Calendar  session  at  San 
Francisco. 

California  Supreme  Court — Law  and  motion  day  at  San  Fran- 
cisco. 

Second  installment  of  state  corporation  franchise  tax  delinquent 
6  P.  M.     (Stats.  1911,  p.  530.) 

(1) 


HILLYER^S  LEGAL   MANUAL. 


12.  Thursday 

16.  Monday 

23.  Monday 

28.  Saturdav 


— Lincoln  Day.     Legal  Holiday.     (Pol.  Code,  10.) 

— Last  day  to  commence  suit  to  recover  state  franchise  taxes  paid 

under  protest.     (Stats.  1911,  p.  530.) 
— ^Washington's  Birthday.     Legal  Holiday.     (Pol.  Ck)de,  10.) 
— Corporation  Charters  forfeited  6  P.  M.  for  nonpayment  of  fran- 
chise tax.     (Stats.  1911,  p.  530.) 


MARCH. 


2.     Monday 


(Pol.  Code, 


7.     Saturday 
9.     Monday 


10.     Tuesday 
12.     Thursday 


— Keal  and  personal  property  taxes  a  lien  at  12  M. 
3717.) 
Poll  tax  payable  to  county  assessor.     (Pol.  Code,  3840.) 
United  States  Circuit  Court  of  Appeals — Adjourned  session  at 

San  Francisco. 
California    Supreme    Court — Law    and   motion    calendar    at    San 

Francisco. 
United  States  District  Court — March  term  begins  at  San  Fran- 
cisco. 
Last  day  to  file  income  tax  statements. 
—Bird  and  Arbor  Day.      (Stats.  19€9,  p.  134.) 

— Municipal  elections  in  cities  of  second  class.     (Mun.  Corp.  Act, 
301.) 
United  States  District  Court — March  term  begins  at  San  Diego. 
— Municipal   elections   in   cities   of  the   third   class.     (Mun.   Corp. 

Act,  502.) 
— Last  day  to  file  corporation  franchise  reports  with  State  Board 
of  Equalization.     (Stats.  1911,  p.  530.) 
Last   day  for  banks   and  trust   companies   to   file   statement   of 
condition  with  State  Board  of  Equalization.     (Stats.   1911, 
p.  530.) 
16.     Monday       — Municipal  officers  take  office  in  cities  of  the  second  class. 
Corp.  Act,  319.) 
Municipal  officers  take  office  in  cities  of  the  third  class. 
Corp.  Act,  502.) 
23.     Monday      — District  Courts  of  Appeal — Law  and  motion  day. 
Municipal  election  day — Marysville. 
University  of  California — Charter  day. 

APRIL. 

1.     Wednesday — Minimum  wage  scale  may  become  effective.     (Stats.  1913,  p.  635.) 
3.     Friday        — School  district  elections  throughout  State.     (Pol.  Code,  1593.) 

6.  Monday       — United  States  Circuit  Court  of  Appeals — Adjourned  session  San 

Francisco. 
California  Supreme  Court — Los  Angeles  session  begins. 
Eailroad    companies — Last    day    to    file    statement    with    State 

Board  of  Equalization.     (Pol.  Code,  3664.) 
Municipal  election — Santa  Clara. 
Superior  Courts — Regular  sessions  begin.     (Code  Civ.  Proc.  73.) 

7.  Tuesday      — Municipal  election — Santa  Rosa. 
10.     Friday        — Good  Friday. 


(Mun. 
(Mun. 


CALENDAR  1914. 


12.  Sunday       — Easter  Sunday. 

13.  Monday      — Municipal  elections — Cities  of  the  sixth  class.     (Mun.  Corp.  Act^ 

852.) 
Municipal  election — Alameda. 

United  States  District  Court — Sacramento  session  begins. 
— Municipal    officers    take    office    in    cities    of    sixth    class.     (Mun. 

Corp.  Act,  852.) 
— Municipal  officers  take  office  in  Santa  Eosa. 
— District  Courts  of  Appeal — ^Law  and  motion  day. 

Second  installment  of  real   and  personal  property  taxes  delin- 
quent 6  P.  M.     (Pol.  Code,  3746.) 
— Insurance   companies — Last   day  to  file   quarterly  report   of  in- 
vestments.    (Pol.  Code,  421.) 


Monday 

Tuesday 
Monday 


Thursday 


MAY. 

1.  Friday        — School  trustees  take  office. 

2.  Saturday     — School  boards  organize.     (Pol.  Code,  1649.) 

High  school  trustees  take 'Office.     (Pol.  Code,  1731.) 
High  school  boards  organize.     (Pol.  Code,  1740.) 
Municipal  election — Sacramento. 
4.     Monday      — United  States  Circuit  Court  of  Appeals — Calendar  session  at  San 

Francisco. 
California  Supreme  Court — Sacramento  session  begins. 
United  States  District  Court — May  term  begins  at  Fresno. 
University  of  California — Commencement. 
-School  election — Grass  Valley. 
Last  day  to  commence  publication  of  notice  of  annual  meeting 

of  corporations  which  have  no  annual  meeting  provided  by 

by-laws.     (Civ.  Code,  301,  302.) 
Stanford  University — Commencement. 
District  Courts  of  Appeal — Law  and  motion  day. 
-Last   day   for   naturalization   for   August   primary.      (Pol.    Code, 

1096.) 
30.     Saturday    — Memorial  Day.     Legal  holiday.     (Pol.  Code,  10.) 


13.     Wednesday- 
18.     Monday 


2^.     Monday 
27.     Wednesday 


JUNE. 

1.  Monday       — United  States  Circuit   Court  of  Appeals — Adjourned  session  at 

San  Francisco. 

California  Supreme  Court — Law  and  motion  day  at  San  Fran- 
cisco. 

Insurance — Surplus  line  brokers  pay  three  per  cent  tax  to  In- 
surance Commissioner.     (Pol.  Code,  596.) 

2.  Tuesday       — Annual  meeting  of  all  corporations  unless  otherwise  prescribed 

in  by-laws.     (Civ.  Code,  302.) 
5.     Friday        — Last  day  to  commence  publication  of  delinquent  tax  list.     (Pol. 

Code,  3764.) 
15.     Monday      — State  Board  of  Equalization  completes  corporate  franchise  as- 
sessments.    (Stats.  1911,  p.  530.) 


hillyer's  legal  manual. 


16.     Tuesday      — Earliest  day  to  secure  signatures  for  August  primary. 

1913,  p.  1386.) 
22.     Monday       — District  Courts  of  Appeal — Law  and  motion  day. 
30.     Tuesday      —School  year  ends.     (Pol.  Code,  1878.) 
Last  day  to  pay  income  tax. 


(Stats. 


JULY. 

1.     Wednesday — Fiscal  year  commences. 

Insurance  licenses  expire.     (Pol.  Code,  596.) 
School  year  begins.     (Pol.  Code,  1878.) 
Corporation  license  taxes  payable.     (Stats.  1905,  p.  493.) 
Municipal  officers  take  office  in  Sacramento. 
4.     Saturday    — Independence  Day.     Legal  holiday.     (Pol.  Code,  10.) 
€.     Monday      — United  States  Circuit  Court   of  Appeals — Adjourned  session  at 
San  Francisco. 
California  Supreme  Court — Law  and  motion  day  at  San  Fran- 
cisco. 
County  assessors  complete  assessment-rolls.     (Pol.  Code,  3652.) 
Supervisors  meet  as  county  boards  of  equalization.     (Pol.  Code, 

3672.) 
State  Board  of  Equalization  completes  correction  of  record  of 
assessment  of  taxes  for  state  purposes.     (Stats.  1911,  p.  530.) 
Corporate  franchise  taxes  payable.     (Stats.  1911,  p.  530.) 
Superior  Courts — Regular  session  begins.     (Code  Civ.  Proc.  73.) 
Last    day    for    new   parties    to    file    petition    to    participate    in 
August  primary.     (Stats.  1913,  p.  1381.) 
13.     Monday      — United   States  District   Court — July  terms  begin   at   San  Fran- 
cisco and  Los  Angeles. 
16.     Thursday     — Last  day  to  file  nomination  papers  for  August  primary.     (Stats. 
1913,  p.  1389.) 

20.  Monday      — State  Board  of  Equalization  meets  at  Sacramento.     (Pol.  Code, 

3665.) 
California  Supreme  Court — Sacramento  session  begins. 
United  States  District  Court — July  term  begins  at  Eureka. 

21.  Tuesday        — Last  day  to  file  acceptance  of  nomination  for  August  primary. 

(Stats.  1913,  p.  1389.) 
25.     Saturday    — Registration  closes  for  August  primary.     (Pol.  Code,  1094.) 
27.     Monday      — District  Courts  of  Appeal — Law  and  motion  day. 
31.     Friday        — ^Last  day  for  insurance  companies  to  file  quarterly  report  of  in- 
vestments.    (Pol.   Code,  421.) 


AUGUST. 

1.     Saturday    — Last  day  for  assessor  to  collect  personal  property  taxes.     (Pol.    I 
Code,  3821.) 

3.     Monday      — United  States  Circuit  Court  of  Appeals — Adjourned  session  at 
San  Francisco. 
California  Supreme  Court — Law  and  motion  day  at  San  Fran- 
cisco. 


CALENDAR   1914.  5 

Open  sessions  of  State  Board  of  Equalization  end.     (Pol.  Code, 

3665.) 
Poll  tax  delinquent  increases  to  $3.00.     (Pol.  Code,  3839.) 
5.     Wednesday — Last  day  for  naturalization  for   general   election.     (Pol.   Code, 
1083.) 
17.     Monday      — First  installment  corporation  franchise  tax  delinquent  6  P.  M. 
(Stats.  1911,  p.  530.) 

24.  Monday      — District  Courts  of  Appeal — Law  and  motion  day. 

25.  Tuesday     — Primary  Election  Day.     Legal  holiday.     (Stats.  1913,  p.  1382.) 


SEPTEMBER. 

4.     Friday        — Earliest  day  to  file  certificates  of  nomination  with  County  Clerk 
or  Secretary  of  State.     (Pol.  Code,  1192.) 
-Labor  Day.    Legal  holiday.     (Pol.  Code,  10.) 

-United  States  Circuit  Court  of  Appeals — Adjourned  session  at 
San  Francisco. 
California  Supreme  Court — Law  and  motion  day  at  San  Fran- 
cisco. 
County  Central  Committees  organize.     (Stats.  1913,  p.  1047.) 
-Admission  Day.     Legal  holiday.     (Pol.  Code,  10.) 
-Last  day  to  file  statement  of  primary  election  expenses.     (Stats. 

1913,  p.  1411.) 
-United   States   District   Court — September   term   begins   at   San 

Diego. 
Earliest    day   to    file    certificates    of    nomination    for    municipal 
offices.     (Pol.  Code,  1192.) 
15.     Tuesday      — State  conventions  meet  at  Sacramento.     (Stats.  1913,  p.  1405.) 
State  officers,  except  controller,  report  to  Governor.     (Pol.  Code, 

332,  1532.) 
-Jewish  New  Year. 

Supervisors  fix  tax  levy.     (Pol.  Code,  3714.) 
-District  Courts   of  Appeal — Law  and  motion   day. 
-Last  day  to  file  certificates  of  nomination  with  County  Clerk  or 
Secretary  of  State.     (Pol.  Code,  1192.) 


7.  Monday 

8.  Tuesday 


9.    Wednesday- 

10.     Thursday     - 

14.     Monday 


21.     Monday 

28.  Monday 

29.  Tuesday 


OCTOBER. 

1.     Thursday    — Last  day  for  liability  companies  to  file  statement  of  experience. 

(Pol.  Code,  602a.) 
3.     Saturday    — Last  day  for  nominees  to  withdraw.     (Stats.  1913,  p.  1408.) 
Registration  closes  for  general  election.     (Pol.  Code,  1094.) 

5.  Monday      — United  States  Circuit  Court  of  Appeals — Calendar  session  at  San 

Francisco. 
California  Supreme  Court — Law  and  motion  day  at  San  Fran- 
cisco. 
Superior  Courts — Regular  session  begins.     (Code  Civ.  Proc,  73.) 
Muster-rolls    of    National    Guard    filed    with    Adjutant-General. 
(Pol.  Code,  1902.) 

6.  Tuesday       — Municipal  election — Stockton. 


hillyer's  legal  manual. 


12.  Monday      — Calumbus  Day.     Legal  holiday.     (Pol.  Code,  10.) 

United  States  Supreme  Court — October  term  begins  at  Washing- 
ton, D.  C. 

13.  Tuesday       — California  Supreme  Court — Los  Angeles  session  begins. 

First  installment  of  real  and  personal  property  taxes  payable. 

(Pol.  Code,  3746.) 
Last  day  to  file  certificates  of  nomination  for  municipal  offices. 
(Pol.  Code,  1192.) 
Tuesday      — Municipal  election  (second) — Stockton. 
Monday       — District  Courts  of  Appeal — Law  and  motion  day. 
Saturday    — Last  day  for  insurance  companies  to  file  quarterly  report  of  in- 
vestments.    (Pol.   Code,   421.) 


14.     Wednesday- 


20. 
26. 
31. 


2.     Monday 


3.     Tuesday 
9.     Monday 


18.  Wednesday- 

23.  Monday 

26.  Thursday 

30.  Monday 


NOVEMBER. 

-United  States  Circuit   Court  of  Appeals — Adjourned  session  at 

San  Francisco. 
California  Supreme  Court — Law  and  motion  day  at  San  Fran- 
cisco. 
LTnited   States   District    Court — November   term   begins    at   San 

Francisco. 
-Election  Day.     Legal  holiday. 
-Canvassing  Boards  meet.     (Pol.  Code,  1278.) 
California  Supreme  Court — ^Sacramento  session  begins. 
United  States  District  Court — November  term  begins  at  Fresno. 
-Last  day  to  file  statement  of  election  expenses.     (Stats.   1913, 

p.  396.) 
-District    Courts    of    Appeal — Law   and    motion    day. 
-Thanksgiving  Day.     Legal  holiday. 

-First  installment  of  real  and  personal  property  taxes  delinquent 
6  P.  M.     (Pol.  Code,  3746.) 


DECEMBER. 

7.     Monday       — United  States  Circuit   Court   of  Appeals — Adjourned  session  at 
San  Francisco. 
California  Supreme  Court — Law  and  motion  day  at  San  Fran- 
cisco. 
Last  day  for  assessor  to  collect  poll  tax.     (Pol.  Code,  3840.) 
15.     Tuesday      — Controller  reports  to  Governor.     (Pol.  Code,  332.) 
22.     Tuesday       — Last   day    to   file    claims   against    State   for   legislative    action. 

(Pol.  Code,  243.) 
25.     Friday        — Christmas  Day.     Legal  holiday.     (Pol.  Code,  10.) 
28.     Monday      — ^District  Courts  of  Appeal — Law  and  motion  day. 
31.     Thursday    —State  Fair  Bond  Act  effective,  if  ratified.     (Stats.  1913,  p.  933.) 
San  Francisco  Harbor  Bond  Act  effective,  if  ratified.     (Stats. 
1913,  p.  1122.) 


CONSOLIDATED  CALENDAR  1890-1920.  7 

CONSOLIDATED  CALENDAR— 1890=1920. 


To  find  day  of  week  for  any  given  date,  look  for  the  corresponding  month  at  the  right  of 
the  required  year;  the  calendar  for  that  month  will  be  found  at  the  bottom  of  the  eolumn. 

1890 

Sept. 
Dec. 

April 
July 

Jan. 
Oct. 

May 

Aug. 

Feb. 

March 

Nov. 

June 

1891 

June 

Sept. 
Dec. 

April 
July 

Jan. 
Oct. 

May 

Aug. 

Feb. 

March 

Nov. 

1892 

Feb. 
Aug. 

March 

Nov. 

June 

Sept. 
Dec. 

Jan. 
April 
July 

Oct. 

May 

1893 

May 

Aug. 

Feb. 

March 

Nov. 

June 

Sept. 
Dec. 

April 
July 

Jan. 
Oct. 

1894 

Jan. 
Oct. 

May 

Aug. 

Feb. 

March 

Nov. 

June 

Sept. 
Dec. 

April 
July 

1895 

April 
July 

Jan. 
Oct. 

May 

Aug. 

Feb. 
March 

Nov. 

June 

Sept. 
Dec. 

1896 

June 

Sept. 
Dec. 

Jan. 
April 
July 

Oct. 

May 

Feb. 
Aug. 

March 
Nov. 

1897 

Feb. 
March 

Nov. 

June 

Sept. 
Dec. 

April 
July 

Jan. 
Oct. 

May 

Aug. 

1898 

Aug. 

Feb. 
March 

Nov. 

June 

Sept. 
Dec. 

April 
July 

Jan. 
Oct. 

May 

-, 

IMonday 
2Tuesday 
SWednes. 
4Thur3. 
SFriday 
eSaturday 
7Sunday 
SMonday 
9Tuesday 
lOWednes. 
1  IThurs. 
12  Friday 
13Saturday 
14Sunday 
ISMonday 
16Tuesday 
17Wednes. 
ISThurs. 
19Friday 
2QSaturday 
21Sunday 
22Monday 
23Tuesday 
24Wednes. 
2SThurs. 
26Friday 
27Saturday 
28Sunday 
29Monday 
SOTuesday 
3  IWednes. 

ITuesday 
2Wednes. 
SThurs. 
4Friday 
SSaturday 
eSunday 
7  Monday 
STuesday 
9Wednes. 
IGThurs. 
11  Friday 
12Saturday 
ISSunday 
14Monday 
ISTuesday 
leWednes. 
17Thurs. 
ISFriday 
19Saturday 
20Sunday 
2  IMonday 
22Tuesday 
23Wednes. 
24Thurs. 
25Friday 
26Saturday 
27Sunday 
28Monday 
29Tuesday 
SOWednes. 
SlThurs. 

IWednes. 
2Thurs. 
SFriday 
4Saturday 
SSunday 
GMonday 
7Tuesday 
SWednes. 
9Thurs. 
lOFriday 
11 Saturday 
12Sunday 
ISMonday 
14Tuesday 
ISWednes. 
16Thurs. 
17  Friday 
ISSaturday 
19Sunday 
20Monday 
2  ITuesday 
22Wednes. 
23Thurs. 
24Friday 
2SSaturday 
26Sunday 
27Monday 
28Tuesday 
29Wednes. 
SOThurs. 
31  Friday 

IThurs. 
2  Friday 
SSaturday 
4Sunday 
SMonday 
6Tuesday 
7Wednes. 
SThurs. 
9  Friday 
lOSaturday 
llSunday 
12Monday 
13Tuesday 
14Wednes. 
ISThurs. 
16Friday 
17Saturday 
ISSunday 
19Monday 
20Tuesday 
2  IWednes. 
22Thurs. 
23Friday 
24Saturday 
25Sunday 
26Monday 
27Tuesday 
28Wednes. 
29Thurs. 
SOFriday 
SlSaturday 

1  Friday 
2Saturday 
SSunday 
4Monday 
STuesday 
eWednes. 
7Thurs. 
SFriday 
9Saturday 
lOSunday 
11  Monday 
12Tuesday 
ISWednes. 
14Thurs. 
ISFriday 
leSaturday 
17Sunday 
ISMonday 
19Tuesday 
20Wednes. 
2  IThurs. 
22  Friday 
23Saturday 
24Sunday 
2  SMonday 
26Tuesday 
27Wednes. 
28Thurs. 
29Friday 
SOSaturday 
SlSunday 

iSaturday 
2Sunday 

SMonday 
4Tuesday 
SWednes. 
6Thurs. 
7  Friday 
SSatiirday 
9Sunday 
lOMonday 
1  ITuesday 
12Wednes. 
ISThurs. 
14Friday 
ISSaturday 
leSunday 
17Monday 
ISTuesday 
19Wednes. 
20Thurs. 
21  Friday 
22Saturday 
23Sunday 
24Monday 
25Tuesday 
26Wednes. 
27Thurs. 
28Friday 
29Saturday 
SOSunday 
SlMonday 

1 Sunday 

2Monday 
STuesday 
4Wednes. 
STliurs. 
6Friday 
7Saturday 
SSunday 
9Monday 
lOTuesday 
1  IWednes. 
12Thurs. 
ISFriday 
14Saturday 
ISSunday 
16Monday 
17Tuesday 
ISWednes. 
19Thurs. 
20Friday 
2 ISaturday 
22Sunday 
23Monday 
24Tuesday 
2SWednes. 
26Thurs. 
27  Friday 
28Saturday 
29Sunday 
SOMonday 
3  ITuesday 

HILLYER'S  LEGAL  MANUAL. 


1899 

May 

Aug. 

Feb. 

March 

Nov. 

June 

Sept. 
Dec. 

April 
July 

Jan. 
Oct. 

1900 

Jan. 
Oct. 

May 

Aug. 

Feb. 

March 

Nov. 

June 

Sept. 
Dec. 

April 
July 

1901 

April 
July 

Jan. 
Oct 

May 

Aug. 

Feb. 

March 

Nov. 

June 

Sept. 
Dec. 

1902 

Sept. 
Dec. 

April 
July 

Jan. 
Oct. 

May 

Aug. 

Feb. 

March 

Nov. 

June 

1903 

June 

Sept. 
Dec. 

April 
July 

Jan. 
Oct. 

May 

Aug. 

Feb. 

March 

Nov. 

1904 

Feb. 
Aug. 

March 
Nov 

June 

Sept. 
Dec. 

Jan. 
April 
July 

Oct. 

May 

1905 

May 

Aug. 

Feb. 

March 

Nov. 

June 

Sept. 
Dec. 

April 
July 

Jan. 
Oct. 

1906 

Jan. 
Oct. 

May 

Aug. 

Feb. 

March 

Nov. 

June 

Sept. 
Dec. 

April 
July 

1907 

April 
July 

Jan. 
Oct. 

May 

Aug. 

Feb. 
March 

Nov. 

June 

Sept. 
Dec. 

1908 

June 

Sept. 
Dec, 

Jan. 
April 
July 

Oct. 

May 

Feb. 
Aug. 

March 
Nov. 

1909 

Feb. 
March 

Nov. 

June 

Sept. 
Dec. 

April 
July 

Jan. 
Oct. 

May 

Aug. 

IMonday 
2Tuesday 
3Wednes. 
4Thurs. 
SFriday 
eSaturday 
7 Sunday 
SMonday 
9Tuesday 
lOWednes. 
1  IThurs. 
12  Friday 
13Saturday 
14Sunday 
ISMonday 
IBTuesday 
17Wednes. 
ISThurs. 
19Friday 
20Saturday 
21Sunday 
22Monday 
23Tue3day 
24Wednes. 
25Thurs. 
26Friday 
27Saturday 
28Sunday 
29Monday 
30Tuesday 
31Wedne3. 

ITuesday 
2Wednes. 
3Thurs. 
4Friday 
5Saturday 
eSunday 
7  Monday 
STuesday 
9Wednes. 
lOThurs. 
11  Friday 
12Saturday 
13Sunday 
UMonday 
ISTuesday 
leWednes. 
17Thurs. 
18  Friday 
19Saturday 
20Sunday 

2  IMonday 
22Tuesday 
23Wednes. 
24Thurs. 
25Friday 
26Saturday 
27Sunday 
28Monday 
29Tuesday 
30Wednes. 

3  IThurs. 

IWednes. 
2Thurs. 
3Friday 
4Saturday 
SSunday 
6Monday 
7Tuesday 
SWednes. 
9Thurs. 
lOFriday 
1 ISaturday 
12Sunday 
13Monday 
14Tuesday 
ISWednes. 
16Thurs. 
17  Friday 
ISSaturday 
19Sunday 
20Monday 
21Tuesdav 
22Wednes. 
23Thurs. 
24Friday 
2SSaturday 
26Sunday 
27Monday 
28Tuesday 
29"Wednes. 
30Thurs. 
31Friday 

IThurs. 
2  Friday 
3Saturday 
4Sunday 
SMonday 
GTuesday 
7Wednes. 
SThurs. 
9  Friday 
lOSaturday 
llSunday 
12Monday 
13Tuesday 
14Wednes. 
ISThurs. 
16Friday 
17Saturday 
ISSunday 
19Monday 
20Tuesday 
2  IWednes. 
22Thurs. 
23  Friday 
24Saturday 
25Sunday 
26Monday 
27Tuesday 
28Wednes. 
29Thurs. 
30Friday 
3 ISaturday 

IFriday 
2Saturday 
SSunday 
4Monday 
STuesday 
eWednes. 
7Thurs. 
SFriday 
9Saturday 
lOSunday 
llMonday 
12Tuesday 
13Wednes. 
14Thurs. 

1  SFriday 
leSaturday 
17Sunday 
ISMonday 
19Tuesday 
20Wednes. 

2  IThurs. 
22  Friday 
23Saturday 
24Sunday 
2SMonday 
26Tuesday 
27Wednes. 
28Thurs. 
29Friday 
30Saturday 
SlSunday 

ISaturday 
2Sunday 
3Monday 
4Tuesday 
SWednes. 
6Thurs. 
7  Friday 
SSaturday 
9Sunday 
lOMonday 

1  ITuesday 
12Wednes. 
13Thurs. 
14Friday 
ISSaturday 
leSunday 
17Monday 
ISTuesday 
19Wednes. 
20Thurs. 

2  IFriday 
22Saturday 
23Sunday 
24Monday 
2STuesday 
26Wednes. 
27Thurs. 
28  Friday 
29Saturday 
SOSunday 
31Monday 

ISunday 

2Monday 
3Tuesday 
4Wednes. 
SThurs. 
6Friday 
7Saturday 
SSunday 
9Monday 
lOTuesday 
llWednes. 
12Thurs. 
13Friday 
14Saturday 
ISSunday 
16Monday 
17Tuesday 
ISWednes. 
19Thurs. 
20Friday 
2 ISaturday 
22Sunday 
23Monday 
24Tuesday 
25Wedne8. 
26Thurs. 
27Friday 
28Saturday 
29Sunday 
30Monday 
3  ITuesday 

CONSOLIDATED  CALENDAR   1890-1920. 


1910 

Aug. 

1 

Feb. 

March 

Nov. 

June 

Sept. 
Dec. 

April 
July 

Jan. 
Oct. 

May 

1911 

May 

Aug. 

Feb. 

March 

Nov. 

June 

Sept. 
Dec. 

April 
July 

Jan. 
Oct. 

1912 

Jan. 
April 
July 

Oct. 

May 

Feb. 
Aug. 

March 
Nov. 

June 

Sept. 
Dec. 

1913 

Sept. 
Dec. 

April 
July 

Jan. 
Oct. 

May 

Aug. 

Feb. 

March 

Nov. 

June 

1914 

June 

Sept. 
Dec. 

April 
July 

Jan. 
Oct. 

May 

Aug. 

Feb. 
March 

Nov. 

1915 

Feb. 
March 

Nov. 

June 

Sept. 
Dec. 

April 
July 

Jan. 
Oct 

May 

Aug. 

1916 

May 

Feb. 
Aug. 

March 
Nov. 

June 

Sept. 
Dec. 

Jan. 
April 
July 

Oct. 

1917 

Jan. 
Oct. 

May 

Aug. 

Feb. 
March 

Nov. 

June 

Sept. 
Dec. 

April 
July 

1918 

April 
July 

Jan. 
Oct. 

May 

1 

Aug. 

Feb. 

March 

Nov. 

June 

Sept. 
Dec. 

1919 

Sept. 
Dec. 

April 
July 

Jan. 
Oct. 

May 

Aug. 

Feb. 

March 

Nov. 

June 

1920 


March 
Nov. 


IMonday 
2Tuesday 
SWednes. 
4Thurs. 
5Friday 
eSaturday 
TSunday 
SMonday 
9Tuesday 
lOWednes. 
llThurs. 
12  Friday 
ISSaturday 
14Sunday 
ISMonday 
IGTuesday 
17Wednes. 
ISThurs. 
lOFriday 
20Saturday 
21Sunday 
22Monday 
23Tuesday 
24Wednes. 
25Thurs. 
26Friday 
27Saturday 
28Sunday 
29Monday 
SOTuesday 
SlWednes. 


June 


Sept. 
Dec. 


ITuesday 
2Wednes. 
3Thurs. 
4Friday 
SSaturday 
6Sunday 
7  Monday 
STuesday 
9Wednes. 
lOThurs. 
11  Friday 
12Saturday 
ISSunday 
14Monday 
15Tuesday 
leWednes. 
17Thurs. 
ISFriday 
IQSaturday 
20Sunday 
2  IMonday 
22Tuesday 
23Wednes. 
24Thurs. 
25Friday 
26Saturday 
27Sunday 
28Monday 
29Tuesday 
aOWednes. 
BlThurs. 


IWednes. 
2Thurs. 
3  Friday 
4Saturday 
5Sunday 
6Monday 
7Tuesday 
SWednes. 
9Thurs. 
lOFriday 
11 Saturday 
12Sunday 
13Monday 
14Tuesday 
1  SWednes. 
16Thurs. 
17Friday 
ISSaturday 
19Sunday 
20Monday 
21Tuesdav 
22Wednes. 
23Thurs. 
24Friday 
25Saturday 
26Sunday 
27Monday 
28Tuesday 
29Wednes. 
30Thurs. 
31  Friday 


Jan. 
April 
July 


IThurs. 
2  Friday 
3Saturday 
4Sunday 
SMonday 
6Tuesday 
7Wednes. 
SThurs. 
9  Friday 
lOSaturday 
llSunday 
12Monday 
ISTuesday 
14Wednes. 
ISThurs. 
IGFriday 
17Saturday 
ISSunday 
19Monday 
20Tuesday 
2  IWednes. 
22Thurs. 
23Friday 

4Saturday 
25Sunday 
26Monday 
27Tuesday 
28Wednes. 
29Thurs. 
30Friday 
31 Saturday 


Oct. 


May 


1  Friday 
2Saturday 
BSunday 
4Monday 
STuesday 
eWednes. 
7Thurs. 
SFriday 
9Saturday 
lOSunday 

1  IMonday 
12Tuesday 
13Wednes. 
14Thurs. 
ISFridav 
leSaturday 
17Sunday 
ISMonday 
19Tuesday 
20Wednes. 

2  IThurs. 
22  Friday 
23Saturday 
24Sunday 
25Monday 
26Tuesday 
27Wednes. 
28Thurs. 
29Friday 
30Saturday 
31Sunday 


Feb. 
Aug. 


1 Saturday 
2Sunday 
3Monday 
4Tuesday 
SWednes. 
6Thurs. 
7Friday 
SSaturday 
9Sunday 
lOMonday 
1  ITuesday 
12Wednes. 
13Thurs. 
14  Friday 
ISSaturday 
leSunday 
17Monday 
ISTuesday 
19W^ednes. 
20Thurs. 
21  Friday 
22Saturday 
23Sunday 
24Monday 
2STuesday 
26Wednes. 
27Thurs. 
2S  Friday 
29Saturday 
30Sunday 
SlMonday 


1 Sunday 

2Monday 
3Tuesday 
4Wednes. 
SThurs. 
6  Friday 
7Saturday 
SSunday 
9Monday 
lOTuesday 
1  IWednes. 
12Thurs. 
13Friday 
14Saturday 
ISSunday 
ISMonday 
17Tuesday 
ISWednes. 
19Thurs.l 
20Friday 
21 Saturday 
22Sunday 
23Monday 
24Tuesday 
25Wednes. 
26Thurs. 
27  Friday 
28Saturday 
29Sunday 
30Monday 
3  ITuesday 


10  hillyer's  legal  manual. 

INTER-DATE  CALENDAR. 

JANUAEY  1,  ic^l4,  AND  DECEMBER  31,  1915. 

To  find  tlie  number  of  days  between  any  two  dates,  find  the  respective  num- 
bers of  the  two  dates  and  subtract. 

1914. 


Mo 

Day 

Jan. 

Feb. 

Mar. 

April. 

May. 

June. 

July. 

Aug. 

Sept. 

Oct. 

Nov. 

Dec 

1 

1 

32 

60 

91 

121 

152 

182 

213 

244 

274 

305 

335 

2 

2 

33 

61 

92 

122 

153 

183 

214 

245 

275 

306 

336 

3 

3 

34 

62 

93 

123 

154 

184 

215 

246 

276 

307 

.  337 

4 

4 

35 

63 

94 

124 

155 

185 

216 

247 

277 

308 

338 

5 

5 

36 

64 

95 

125 

156 

186 

217 

248 

278 

309 

339 

6 

6 

37 

65 

96 

126 

157 

187 

218 

249 

279 

310 

340 

7 

7 

38 

66 

97 

127 

158 

188 

219 

250 

280 

311 

341 

8 

8 

39 

67 

98 

128 

159 

189 

220 

251 

281 

312 

342 

9 

9 

40 

68 

99 

129 

160 

190 

221 

252 

282 

313 

343 

10 

10 

41 

69 

100 

130 

161 

191 

222 

253 

283 

314 

344 

11 

11 

42 

70 

101 

131 

162 

192 

223 

254 

284 

315 

345 

12 

12 

43 

71 

102 

132 

163 

193 

224 

255 

285 

316 

346 

13 

13 

44 

72 

103 

133 

164 

194 

225 

256 

286 

317 

347 

14 

14 

45 

73 

104 

134 

165 

195 

226 

257 

287 

318 

348 

15 

15 

46 

74 

105 

135 

166 

196 

227 

258 

288 

319 

349 

16 

16 

47 

75 

106 

136 

167 

197 

228 

259 

289 

320 

350 

17 

17 

48 

76 

107 

137 

168 

198 

229 

260 

290 

321 

351 

18 

18 

49 

77 

108 

138 

169 

199 

230 

261 

291 

322 

352 

19 

19 

50 

78 

109 

139 

170 

200 

231 

262 

292 

323 

353 

20 

20 

51 

79 

110 

140 

171 

201 

232 

263 

293 

324 

354 

21 

21 

52 

80 

111 

141 

172 

202 

233 

264 

294 

325 

355 

22 

22 

53 

81 

112 

142 

173 

203 

234 

265 

295 

326 

356 

23 

23 

54 

82 

113 

143 

174 

204 

235 

266 

296 

327 

357 

24 

24 

55 

83 

114 

144 

175 

205 

236 

267 

297 

328 

358 

25 

*25 

56 

84 

115 

145 

176 

206 

237 

268 

298 

329 

359 

26 

26 

57 

85 

116 

146 

177 

207 

238 

269 

299 

330 

360 

27 

27 

58 

86 

117 

147 

178 

208 

239 

270 

300 

331 

361 

28 

28 

59 

87 

118 

148 

179 

209 

240 

271 

301 

332 

362 

29 

29 

88 

119 

149 

180 

210 

241 

272 

302 

333 

363 

30 

30 

.. 

89 

120 

150 

181 

211 

242 

273 

303 

334 

364 

31 

31 

.. 

90 

... 

151 

.  . . 

212 

243 

304 

365 

INTER-DATE    CALENDAR.  H 

1915. 


Mo. 

Day. 

Jan. 

Feb. 

Mar. 

April. 

May. 

June. 

July. 

Aug. 

Sept. 

Oct. 

Nov. 

Dec. 

1 

366 

397 

425 

456 

486 

517 

547 

578 

609 

639 

670 

700 

2 

367 

398 

426 

457 

487 

518 

548 

579 

610 

640 

671 

701 

3 

368 

399 

427 

458 

488 

519 

549 

580 

611 

641 

672 

702 

4 

369 

40O 

428 

459 

489 

520 

550 

581 

612 

642 

673 

703 

5 

370 

401 

429 

460 

490 

521 

551 

582 

613 

643 

674 

704 

6 

371 

402 

430 

461 

491 

522 

552 

583 

614 

644 

675 

705 

7 

372 

403 

431 

462 

492 

523 

553 

584 

615 

645 

676 

706 

8 

373 

404 

432 

463 

493 

524 

554 

585 

616 

646 

677 

707 

9 

374 

405 

433 

464 

494 

525 

555 

586 

617 

647 

678 

708 

10 

375 

406 

434 

465 

495 

526 

556 

587 

618 

648 

679 

709 

11 

376 

407 

435 

466 

496 

527 

557 

588 

619 

649 

680 

710 

12 

377 

408 

436 

467 

497 

528 

558 

589 

620 

650 

681 

711 

13 

378 

409 

437 

468 

498 

529 

559 

590 

621 

651 

682 

712 

14 

379 

410 

438 

469 

499 

530 

560 

591 

622 

652 

683 

713 

15 

380 

411 

439 

470 

500 

531 

561 

592 

623 

653 

684 

714 

16 

381 

412 

440 

471 

501 

532 

562 

593 

624 

654 

685 

715 

17 

382 

413 

441 

472 

502 

533 

563 

594 

625 

655 

686 

716 

18 

383 

414 

442 

473 

503 

534 

564 

595 

626 

656 

687 

717 

19 

384 

415 

443 

474 

504 

535 

565 

596 

627 

657 

688 

718 

20 

385 

416 

444 

475 

505 

536 

566 

597 

628 

658 

689 

719 

21 

386 

417 

445 

476 

506 

537 

567 

598 

629 

659 

690 

720 

22 

387 

418 

446 

477 

507 

538 

568 

599 

630 

660 

691 

721 

23 

388 

419 

447 

478 

508 

539 

569 

600 

631 

661 

692 

722 

24 

389 

420 

448 

479 

509 

540 

570 

601 

632 

662 

693 

723 

25 

390 

421 

449 

480 

510 

541 

571 

602 

633 

663 

694 

724 

26 

391 

422 

450 

481 

511 

542 

572 

603 

634 

664 

695 

725 

27 

392 

423 

451 

482 

512 

543 

573 

604 

635 

665 

696 

726 

28 

393 

424 

452 

483 

513 

544 

574 

605 

636 

666 

697 

727 

29 

394 

... 

453 

484 

514 

545 

575 

606 

637 

667 

698 

728 

30 

395 

454 

485 

515 

546 

576 

607 

638 

668 

699 

729 

31 

396 

455 

516 

577 

608 

.  • . 

669 

730 

CHRONOLOGY  OF  CALIFORNIA. 

1492 — Columbus  discovers  America. 

1493 — Pope  Alexander  VI  divides  the  world  between  Spain  and  Portugal. 

1494 — Treaty   of   Tordesillas   "The   Partition   of   the   Ocean,"   between   Spain   and 

Portugal. 
1516 — Death  of  Ferdinand  the  Catholic. 

Carlos  I,  King  of  Spain. 
1519 — Cortez  lands  in  Mexico. 

Carlos  I  crowned  Emperor  of  Holy  Eoman  Empire  as  Charles  V. 
1529 — Cortez  completes  the  Conquest  of  Mexico. 
1542 — Cabrillo  visits  California. 


12 

1556 — Abdication  of  Charles  V. 

Philip  II,  King  of  Spain. 
1579 — Sir  Francis  Drake  visits  California. 
1598— Philip  III,  King  of  Spain. 

1602 — Vizcaino  visits  sites  of  Sau  Diego  and  Monterey. 
1621— Philip  IV,  King  of  Spain. 
1665— Carlos  II,  King  of  Spain. 
1697— Pious  Fund  founded. 
1700— Philip  V,  King  of  Spain. 
1745 — Russians  visit  California. 
1759— Carlos  III,  King  of  Spain. 

1767 — Carlos  III  banishes  Jesuits  from  Spanish  territory. 
1768 — Father  Junipero  Serra  appointed  president  of  the  missions. 
1769 — Caspar  de  Portola,  Governor  of  California. 

Caspar  de  Portola  and  Father  Serra  arrive  at  San  Diego. 

Mission  of  San  Diego  de  Alcala  founded  at  San  Diego. 

Presidio  of  San  Diego  founded. 
1770 — Portola  takes  possession  of  California  in  name  of  Carlos  III. 

Mission  of  San  Carlos  de  Borromeo  founded  at  Monterey. 

Presidio  of  Monterey  founded. 
1771 — Mission  of  San  Carlos  de  Rio  Carmel  founded  at  Carmel. 

Mission  of  San  Antonio  de  Padua  founded  at  Kings  City. 

Mission  of  San  Gabriel  Arcangel  founded  at  San  Gabriel. 

Felipe  de  Barri,  Governor  of  California. 
1772 — Mission  of  San  Luis  Obispo  de  Tolosa  founded  at  San  Luis  Obispo. 
1774 — Felipe  de  Neve,  Governor  of  California. 
1776 — Mission  of  San  Francisco  de  Asis  (Dolores)  founded  at  San  Francisco. 

Presidio  of  San  Francisco  founded. 

Mission  of  San  Juan  Capistrano  founded  at  Capistrano. 
1777 — San  Jose  founded. 

Mission  of  Santa  Clara  de  Asis  founded  at  Santa  Clara. 
1781 — Mission  of  Nuestra  Senora  de  Los  Angeles  founded  at  Los  Angeles. 

Pueblo  of  Los  Angeles  founded. 
1872 — Mission  of  San  Buenaventura  founded  at  Ventura. 

Presidio  of  Santa  Barbara  founded. 

Pedro  Fajes,  Governor  of  California. 
1784 — iDeath  of  Father  Serra. 

1786 — Mission  of  Santa  Barbara  founded  at  Santa  Barbara. 
1787 — Mission  of  La  Purisima  Concepcion  founded  near  Lompoc. 
1788 — Carlos  IV,  King  of  Spain. 
1791 — Jose  Antonio  Romeu,  Governor  of  California. 

Mission  of  Santa  Cruz  founded  at  Santa  Cruz. 

Mission  of  Nuestra  Senora  de  la  Soledad  founded  at  Soledad. 
1792 — Jose  Joaquin  de  Arrillaga,  Governor  of  California. 
1796 — "Otter" — First    American    Vessel    visits    Monterey. 
1797 — Mission  of  San  Jose  de  Guadalupe  founded  at  Irvington. 

Mission  of  San  Juan  Bautista  founded  at  San  Juan. 

Mission  of  San  Miguel  Arcangel  founded  at  San  Miguel. 

Mission  of  San  Fernando  Rey  de  Espagna  founded  at  Fernando. 


CHRONOLOGY — 1556-1845.  13 

1798 — Mission  of  San  Luis  Eey  de  Francia  founded  at  Oceanside. 
1804 — Mission   of   Santa   Ynez  founded   near  Gaviota. 

Alta  California  made  a  province. 
1805 — Eussians  visit  California. 
1808 — Ferdinand  VII,  King  of  Spain. 
1809 — California  swears  allegiance  to  Ferdinand  YII. 
1811 — Mexico  revolts  from  Spain. 
1812 — Eussians  settle  on  Bodega  Bay. 

Great  earthquake  of  1812. 
1814 — Jose  Dario  Arguello,  Governor  of  California. 
1815 — Mission  of  San  Antonio  de  Pala  founded  near  Fallbrook. 

Palo  Vicente  de  Sola,  Governor  of  California. 
1817 — Mission  of  San  Eafael  Arcangel  founded  at  San  Eafael. 
1820 — Spanish  Constitution  sworn  in  California. 
1821 — Decree  of  Spanish  Cortes  ordering  secularization  of  missions  published  in 

California. 
1822 — Iturbide,  Emperor  of  Mexico. 

Alta  California  gives  allegiance  to  Mexico. 

Luis  Antonio  Arguello,  Governor  of  California. 
1823 — Mission  of  San  Francisco  Solano  founded  at  Sonoma. 

Iturbide  abdicates. 
1824 — California  receives  representation  in  Mexican  Congress. 
1825 — Guerrero,  President  of  Mexico. 

Jose  Maria  de  Echandia,  Governor  of  California. 
1830 — Hudson  Bay  Company  operates  in  Northern  California. 
1831 — Manuel  Victoria,  Governor  of  California. 

President  Guerrero  executed. 

Governor  Victoria  deposed. 
1832 — Pio  Pico,  Governor  of  California. 

1833 — Jose  Figueroa,  Governor  of  California.  .  , 

1834 — General  Santa  Ana,  Dictator  of  Mexico. 
1835 — Jose  Castro,  Governor  of  California. 
1836 — Nicholas  Gutierrez,  Governor  of  California,  ad  interim. 

Mariano  Chico,  Governor  of  California. 

Nicholas  Gutierrez,  Governor  of  California,  ad  interim. 

Juan  Bautista  Alvarado,  Governor  of  California. 
1837 — Bustamente,  President  of  Mexico. 

Mexico  adopts  Constitution  of  1837. 
1839 — Sutter's  Fort  erected. 

Great  earthquake  of  1839. 
1840 — Secularization  of  missions  completed. 
1841 — Eestoration  of  Santa  Anna. 

First  emigrant  train  arrives  under  Bidwell. 
1842 — Manuel  Micheltorena,  Governor  of  California. 

Commodore  Jones  raises  United  States  flag  at  Monterey  for  one  day. 
1844 — Herrera,   President   of   Mexico. 
1845 — Jas.  K.  Polk,  President  of  United  States. 

Pio  Pico,  Governor  of  California. 


14  hillyer's  legal  manual. 

Los  Angeles,  Capital  of  California. 

United  States  annexes  Texas. 
1846 — Paredes,  President  of  Mexico. 

Bravo,  President  of  Mexico. 

"War  with  Mexico. 

Bear  flag  revolt. 

Sloat  raises  American  flag  at  Monterey. 

John  D.  Sloat,  Military  Governor  of  California. 

Santa  Anna,  President  of  Mexico. 

Eobert  F.  Stockton,  Military  Governor  of  California. 

"The  Californian,"  first  newspaper  in  California,  published  at  Monterey. 
1847 — Yerba  Buena  assumes  the  name  of  San  Francisco. 

John  C.  Fremont,  Military  Governor  of  California. 

Stephen  W.  Kearny,  Military  Governor  of  California. 

General  Scott  captures  city  of  Mexico. 

Richard  B.  Mason,  Military  Governor  of  California. 

Donner  Party  perishes. 
1848 — Treaty   of   Guadaloupe   Hidalgo. 

California  ceded  to  United  States. 

Gold  discovered  in  California. 
1849-^Zachary  Taylor,  President  of  United  States. 

Bennet  Riley,  Military   Governor  of   California. 

San  Jose,  Capital  of  California. 

First  Constitutional  Convention  at  Monterey. 

Constitution  of  1849  adopted. 

Peter  H.  Burnett,  Governor  of  California. 

First  Pacific  Mail  Steamship  arrives  at  San  Francisco. 
1850 — Counties  of  Butte,  Calaveras,  Colusa,  Contra  Costa,  El  Dorado,  Los  Angeles, 
Marin,  Mariposa,  Mendocino,  Monterey,  Napa,  Sacramento,  San  Diego, 
San  Francisco,  San  Joaquin,  San  Luis  Obispo,  Santa  Barbara,  Santa 
Clara,  Santa  Cruz,  Shasta,  Solano,  Sonoma,  Sutter,  Trinity,  Tuolumne, 
Yolo  and  Yuba  created. 

Los  Angeles  chartered. 

San  Jose  chartered. 

California  admitted  into  the  Union. 

Millard   Fillmore,  President  of   the  United   States. 

Foreign  Miners'  License  Act  adopted. 
1851 — Great  fire  at  San  Francisco. 

First  Vigilance  Committee  at  San  Francisco. 

John  McDougal,  Governor  of  California. 

Nevada  and  Placer  Counties  created. 

Vallejo,  capital  of  California. 
1862 — John  Bigler,  Governor  of  California. 

Sierra,  Siskiyou  and  Tulare  Counties  created. 

Oakland  incorporated. 

Sacramento,  capital  of  California. 

Great  flood  at  Sacramento. 

Pierce  and  King  carry  California. 
1853 — ^Franklin  Pierce,  President  of  United  States. 

Alameda,  Humboldt  and  San  Bernardino  Counties  created. 


CHRONOLOGY— 1846-1871.  15 

Benicia,  capital  of  California. 

College  of  California  founded  at  Oakland. 
1854 — John  Bigler,  Governor  of  California  (second  term). 

Oakland  chartered. 

Sacramento,  capital  of  California. 

Amador  and  Plumas  Counties  created. 

People  V.  Hall,  decided  by  Supreme  Court. 
1856 — J.  Neely  Johnson,  Governor  of  California. 

Merced  County  created. 
1856 — James  King  of  William  murdered. 

Second  Vigilance  Committee  at  San  Francisco. 

Fresno,  San  Mateo  and  Tehama  Counties  created. 

Buchanan  and  Breckenridge  carry  California. 

Sacramento  Valley  Eailroad  opened — First  Eailroad  in  California. 
1857 — James  Buchanan,  President  of  United  States. 

Del  Norte  County  created. 

Dred  Scott  decision. 
1858 — John  B.  Weller,  Governor  of  California. 
1859 — Pony  Express  established. 

Broderick-Terry   duel. 
I860 — Milton  S.  Latham,  Governor  of  California. 

John  G.  Downey,  Governor  of  California. 

Lincoln  and  Hamlin  carry  California. 
1861 — Lake  and  Mono  Counties  created. 

Abraham  Lincoln,  President  of  United  States. 

Civil  "War   commences. 

Telegraph  completed  to  San  Francisco. 

Specific  Contract  Act  passed. 
1862 — Leland  Stanford,  Governor  of  California. 

Union  Pacific  Eailroad  chartered. 

Central  Pacific  Eailroad  chartered. 
1863 — Frederick  F.  Low,  Governor  of  California. 
1864 — Alpine,  Stanislaus  and  Lassen  Counties  created. 

Lincoln  and  Johnson  carry  California. 
1865 — Abraham  Lincoln,  President  of  United  States  (second  term). 

Lincoln  assassinated. 

Andrew  Johnson,  President  of  United  States. 

Great  earthquake  of  1865. 

Southern  Pacific  Company  incorporated  in  Kentucky. 
1866 — Inyo  and  Kern  Counties  created. 
1867 — Henry  H.  Haight,  Governor  of  California. 
1868 — Burlingame  Treaty  between  United  States  and  China. 

University  of  California  chartered. 

Great  earthquake  of  1868. 

Grant  and  Colfax  carry  California, 
1869 — U.  S.  Grant,  President  of  United  States. 

Central  Pacific  completed  to  Oakland. 

First  train  from  Atlantic  coast  reaches  Sacramento. 
1871 — Newton  Booth,  Governor  of  California. 


16  hillyer's  legal  manual. 

1872— Codes  adopted. 

Ventura  County  created. 
San  Diego  incorporated. 
Grant  and  Wilson  carry  California. 
1873— U.  S.  Grant,  President  of  the  United   States   (second  term). 

Panic  of  1873. 
1874 — Modoc  and  San  Benito  Counties  created. 
1875 — Romualdo  Pacheco,  Governor  of  California. 

William  Irwin,  Governor  of  California. 
1876 — Southern  Pacific  Railroad  completed  to  Los  Angeles. 

Hayes  and  Wheeler  carry  California. 
1877— R.  B.  Hayes,  President  of  United  States. 
Comstock  collapse. 
Kearney  Riots  in  San  Francisco. 
1879— Constitution  of  1879  adopted. 
1880 — Geo.  C.  Perkins,  Governor  of  California. 

Hancock  and  English  carry  California. 
1881— Jas.  A.  Garfield,  President  of  United  States. 
Garfield  assassinated. 

Chester  A.  Arthur,  President  of  United  States. 
Exclusion  Treaty  with  China. 
1882 — Geary  Exclusion  Act  passed. 
1883 — Geo.  Stoneman,  Governor  of  California. 
1884 — United  States  issues  final  patents  for  pueblo  lands  in  San  Francisco. 

Blaine  and  Logan  carry  California. 
1885 — Stanford  University  founded. 

Grover  Cleveland,  President  of  United  States. 
Santa  Fe  Railroad  completed  to  Los  Angeles. 
Fresno  chartered. 
1886 — Washington  Bartlett,  Governor  of  California. 
1887 — Robert  W.  Waterman,  Governor  of  California. 
1888 — Harrison  and  Morton  carry  California. 
1889 — Benjamin  Harrison,  President  of  United  States. 

Orange  County  created. 
1890 — Colton  V.  Stanford  decided. 
1891 — H.  H.  Markham,  Governor  of  California. 

Glenn  County  created. 
1892 — Cleveland  and  Stevenson  carry  California. 

1893 — Grover  Cleveland,  President  of  United  States  (second  term). 
Kings,  Madera  and  Riverside  Co^inties  created. 
Panic  of   1893. 
1894 — California  Midwinter  International  Exposition  at  San  Francisco. 
1895— Jas.  H.  Budd,  Governor  of  California. 
1896 — McKinley  and  Hobart  carry  California. 
1897— William  McKinley,  President  of  United  States. 
1898 — United  States  annexes  Philippine  Islands. 
1899-^Henry  T.  Gage,  Governor  of  California. 
1900 — McKinley  and  Roosevelt  carry  California. 


CHRONOLOGY — 1872-1913 — LAW   AND   MOTION   DAYS.  17 

1901 — William  McKinley,   President   of   United    States    (second   term). 

McKinley  assassinated. 

Theodore  Eoosevelt,  President  of  United  States. 
1902 — Second  Chinese  Exclusion  Act  passed. 

Hague  Tribunal  decides  the  Pious  Fund  Case. 
1903 — Geo.  C.  Pardee,  Governor  of  California. 
1904 — Eoosevelt  and  Fairbanks  carry  California. 
1905 — Theodore  Roosevelt,  President  of  United  States  (second  term). 

District  Courts  of  Appeal  created. 
1906 — Great  earthquake  and  fire  in  San  Francisco. 
1907 — Jas.  N.  Gillett,  Governor  of  California. 

Imperial  County  created. 
1908 — Taft  and  Sherman  carry  California. 
1909— Wm.  H.  Taft,  President  of  United  States. 

Los  Angeles  annexes  San  Pedro. 
1910 — Los  Angeles  "Times"  dynamited. 
1911 — Hiram  Johnson,  Governor  of  California. 

Western  Pacific  Eailway  reaches  San  Francisco. 

Woman's  suffrage  in  California. 
1912 — Eoosevelt  and  Johnson  carry  California. 
1913 — Woodrow  Wilson,  President  of  United  States. 


LAW  AND  MOTION  DAYS. 

Alamada — Every  Friday. 
Alpine — First  Monday. 
Amador — Every  Saturday. 
Butte — First  Monday. 
Calaveras — Every  Monday. 
Colusa — Every  Monday. 
Contra  Costa — Every  Monday. 
Del  Norte — Every  Monday. 
El  Dorado — Every  Friday. 

Fresno — Every  Monday  10   A.  M.,  Department   1;   2  P.  M.,  Department   2. 
Glenn — Every   Monday. 

Humboldt — First  and  Third  Mondays,  Department  1;  first  and  third  Fridays,  De- 
partment 2. 
Imperial — Every  Friday. 
Inyo. 

Kern — Every  Monday. 
Kings — Every  Monday. 
Lake — Every  Friday. 

Lassen — Second    and   fourth    Tuesdays — except   July    and    August. 
Los  Angeles — Every  Monday. 
Madera — Every  Monday. 
Marin — Every  Friday. 
Mariposa^ — First  Monday. 
Mendocino — Second  Monday. 
2 


IB  hillyer's  legal  manual. 

Merced — Every  Monday. 

Modoc — Every  Tuesday. 

Mono. 

Monterey — Every  Monday. 

Napa — Every  Monday. 

Nevada — Every  Monday. 

Orafi^e — Every  Friday. 

Placer— Every  Monday— 1:30  P.  M. 

Plnmas — ^^First  Monday. 

Sacramento — Every  Monday. 

San  Benito — Every  Monday. 

San  Bernardino — .Every  Monday. 

San  Diego — Every  Friday. 

San  Francisco — Every  Friday. 

San  Joaquin — Every  Monday — Department  1,  10  A.  M.;  2,  1:30  P.  M.;  3,  11  A.  M. 

San  liUis  Obispo — First  Monday. 

San  Mateo — Every  Thursday. 

Santa  Barbara — Every  Monday. 

Santa  Clara — ^Every  Friday. 

Santa  Cruz — Mondays  and  Fridays. 

Shasta — Every  Saturday — Department  1;  every  Friday — Department  2. 

Sierra — Every  Monday. 

Siskiyou — Every  Saturday.  ^ 

Solano — Second  and  fourth  Mondays. 

Sonoma — Every  Monday. 

Stanislaus — Every  Saturday. 

Sutter — Every  Saturday. 

Tehama — Every  Monday. 

Trinity — Every  Monday. 

Tulai« — Every  Monday. 

Tuolumne — Every  Friday. 

Ventura — Every  Monday. 

Yolo — Every   Monday. 

Yuha — Every  Monday. 

United  States  Supreme  Court — Every  Monday. 


LEGAL  HOLIDAYS. 

Sunday  is  a  legal  holiday  in  all  States. 

Alabama — January  1,  January  19,  February  22,  April  13,  April  26,  June  3,  July  4, 
Labor  Day,  October  12,  Thanksgiving,  Christmas. 

Alaska — January  1,  February  22,  May  30,  July  4,  December  25,  Thanksgiving. 

Arizona — January  1,  (Arbor  Day)  Friday  following  February  1  in  Counties  of 
Apache,  Navajo,  Coconino,  Mohave  and  Yavapai  (the  rest  of  the  Territory  ob- 
serves the  Friday  after  April  1);  February  22,  May  30,  July  4,  Labor  Day, 
December   25,   Thanksgiving,    General   Election. 

Arkansas — January  1,  February  22,  June  3,  July  4,  October  12,  Thanksgiving  and 
Christmas,  Arbor  Day,  First  Saturday  in  March,  Labor  Day  and  Lee's  Birth- 


LAW  AND  MOTION  DAYS LEGAL  HOLIDAYS.  19 

day,  January  19,  all  general  biennial  election  days.  Holidays  only  mean 
that  commercial  paper  falling  due  on  holidays  is  due  the  day  before. 

California — January  1,  February  12,  February  22,  May  30,  July  4,  September  9, 
Admission  Day,  October  12,  Decem.ber  25,  and  public  fast.  Thanksgiving, 
Labor  Day,  State  or  general  or  primary  election   day. 

Colorado— January  1,  February  12,  February  22,  May  30,  July  4,  August  1,  De- 
cember 25,  Thanksgiving,  Labor  Day  and  in  cities  having  100,000  population 
or  over,  Saturday  afternoons  during  June,  July  and  August. 

Connecticut — January  1,  February  12  (Lincoln  Day),  February  22,  May  30,  July 
4,  Labor  Day  (first  Monday  in  September),  October  12,  Thanksgiving,  De- 
cember 25,  Fast  Day,  Saturday  legal  half  holiday  throughout  the  State. 

Delaware — January  1,  February  12,  February  22,  May  30,  July  4,  October  12, 
Thanksgiving,  Labor  Day,  Election  Day,  Christmas. 

District  of  Columbia — January  1,  February  22,  Decoration  Day,  July  4,  Labor 
Day  (first  Monday  in  September),  Thanksgiving,  Christmas,  Inauguration 
Day  and  every  Saturday  after  12  o'clock. 

Florida — January  1,  January  19,  February  22,  February  23  (in  Pensacola  only), 
April  9,  April  26,  June  3,  July  4,  Labor  Day^  December  25,  any  general  elec- 
tion day.  Thanksgiving. 

Georgia — January  1,  January  1*9  (Lee's  Birthday),  February  22,  April  26,  June  3 
(.Jeff.  Davis'  Birthday),  July  4,  Labor  D&y,  Thanksgiving,  Christmas. 

Hawaii— January  1,  February  22,  May  30,  June  11,  July  4,  September  6,  Septem- 
ber 18,  Thanksgiving,  December  25. 

Idaho — January  1,  February  22,  June  11,  July  4,  October  12,  December  25,  Thanks- 
giving Day,  general  election,  and  any  day  proclaimed  a  holiday  by  President 
or  Governor,     Possibly  Friday  after  May  1  and  first  Monday  in  September. 

Illinois— January  1,  February  12,  February  22,  May  30,  July  4;  election  day  in  cer- 
tain places  only;  the  first  Monday  in  September  (Labor  Day),  September  15, 
October  12,  December  25,  Thanksgiving,  every  Saturday  after  12  o'clock 
noon  in  Chicago  only,  and  all  days  appointed  by  proclamation  of  the  Presi- 
dent of  the  United  States  or  Governor  of  the  State  of  Illinois.  When  legal 
holiday  comes  on  Sunday,  the  following  day,  Monday,  shall  be  the  day. 

Indiana — January  1,  February  12,  February  22,  May  30,  July  4,  Labor  Day,  Octo- 
ber 12,  December  25,  Thanksgiving,  National  and  State  election  days. 

Iowa — January  1,  February  22,  May  30,  July  4,  Labor  Day,  December  25,  day  of 
the  general  election.  Thanksgiving. 

Kansas — January  1,  February  12,  February  22,  May  30,  July  4,  Labor  Day,  Octo- 
ber 12,  Thanksgiving,  Christmas. 

Kentucky — ^January  1,  February  22,  May  30,  July  4,  Labor  Day,  October  12, 
Thanksgiving,  December  25. 

Louisiana — January  1,  January  8,  February  22,  February  23  (Mardi  Gras),  in 
New  Orleans,  April  9,  June  3,  July  4,  December  25,  Good  Friday,  Labor  Day, 
November  1,  Thanksgiving,  and  in  cities  over  100,000  population  every  half 
Saturday  after  12  o'clock  noon. 

Maine — January  1,  February  22,  April  19,  May  30,  July  4,  Labor  Day,  Thanks- 
giving, Christmas.  Saturday  usually  observed  as  a  half  holiday,  October  12 
(not  legal)   school  holiday. 

Maryland — January  1,  February  22,  Good  Friday,  May.  30,  July  4,  Labor  Day, 
Thanksgiving,  Christmas,  general  and  congressional  election  days,  and  every 
Saturday   after   12   o'clock   in    Baltimore    and   Annapolis   only,   and  all   days 


20 

specially  recommended  by  the  President  of  the  United  States  or  Governor  of 
Maryland  for  religious  observance  or  general  cessation  of  business. 

Massachusetts — February  22,  April  19,  May  30,  July  4,  Labor  Day,  October  12, 
Thanksgiving,  December  25. 

Michigan — January  1,  February  12,  February  22,  April  5,  May  30,  July  4,  Labor 
Day,  October  12  (not  legal).  Thanksgiving,  December  25,  and  Saturday  after- 
noons for  acceptance  and  payment  of  notes.  All  national,  State,  county  or 
city  election  days,  and  any  day  appointed  or  recommended  by  the  Governor 
of  this  State  or  the  President  of  the  United  States  as  a  day  of  fasting  or 
prayer  or  thanksgiving,  as  regards  presenting  for  payment  or  acceptance, 
protesting  and  giving  notice  of  dishonor  of  bills  of  exchange,  bank  checks  and 
promissory  notes. 

Minnesota — January  1,  February  12,  February  22,  Good  Friday,  May  30,  July  4, 
Labor  Day,  general  election  day.  Thanksgiving,  Christmas. 

Mississippi — January  1,  January  19,  February  12  (not  legal),  February  22,  April 
26,  May  30  (not  legal),  June  3,  July  4,  Labor  Day,  Thanksgiving  and  Christ- 
mas. 

Missouri — January  1,  Febriiary  22,  May  30,  July  4,  Labor  Day,  December  25, 
Thanksgiving,  general  primary  election  day,  and  any  general  or  State  elec- 
tion day.  In  cities  having  over  100,000  population  every  Saturday  after  12 
o'clock  noon. 

Montana — January  1,  February  12  (Lincoln  Day),  February  22,  Arbor  Day,  May 
30,  July  4,  Labor  Day,  October  12  (Columbus  Day),  general  election  day, 
Thanksgiving  Day  and  December  25.  If  any  of  these  days  fall  upon  a  Sun- 
day, the  following  Monday  is  the  holiday. 

Nebraska — January  1,  February  22,  April  22,  May  30,  July  4,  first  Monday  in 
September,  October  12,  December  25,  public  fast.  Thanksgiving. 

Nevada — January  1,  February  12,  February  22,  May  30,  July  4,  October  31, 
Thanksgiving  Day,  December  25,  first  Monday  in  September,  known  as 
Labor  Day,  and  the  day  of  the  general  election. 

New  Hampshire — January  1,  February  22,  May  30,  July  4,  Fast  Day,  Labor  Day, 
Thanksgiving,  election  day,  Christmas. 

New  Jersey — January  1,  February  12,  February  22,  Good  Friday,  May  30,  July  4, 
Labor  Day  (first  Monday  in  September),  October  12  (Columbus  Day),  Thanks- 
giving Day,  December  25,  and  any  general  election  day  in  the  State,  and 
every  Saturday  after  12  o'clock  noon. 

New  Mexico — January  1,  July  4,  December  25,  and  all  days  for  fasting  or  thanks- 
giving. 

New  York — January  1,  February  12,  February  22,  May  30,  July  4,  October  12 
(Columbus  Day),  Labor  Day,  December  25,  Thanksgiving,  any  general  elec- 
tion day,  every  Saturday  from  12  o'clock  noon. 

North  Carolina — January  1,  January  19,  February  22,  April  12,  May  10,  May  20, 
July  4,  December  25,  Thanksgiving,  first  Monday  in  September,  Tuesday 
after  first  Monday  in  November  (election  day). 

North  Dakota — January  1,  February  12  and  22,  July  4,  December  25,  May  30,. 
general  election  day,  Labor  Day,  and  every  day  appointed  by  the  President 
of  the  United  States  or  by  the  Governor  for  a  public  fast,  thanksgiving  or 
holiday. 

Ohio — January  1,  February  22,  May  30,  July  4,  October  12,  December  25,  Thanks- 
giving, Labor  Day. 


LEGAL    HOLIDAYS.  21 

Oklahoma — January  1,  February  22,  May  30,  July  4,  Labor  Day,  October  12, 
Thanksgiving,  December  25,  every  election  day  and  every  day  appointed 
by  the  President  of  the  United  States  or  Governor  of  the  State  for  a  public 
fast,  thanksgiving  or  holiday.  Holidays  falling  on  Sunday  are  observed  the 
following  Monday. 

Oregon — January  1,  February  22,  May  30,  July  4,  October  12,  December  25,  Labor 
Day,  public  fast,  Thanksgiving,  and  every  general  election  day. 

Pennsylvania — January  1,  February  12  (Lincoln's  Birthday),  February  16,  Febru- 
ary 22,  Good  Friday,  May  30,  July  4,  Labor  Day,  October  12,  December  25, 
Thanksgiving,  and  every  Saturday  after  12  o'clock  noon,  and  general  election 
day. 

Bhode  Island — January  1,  February  22,  Arbor  Day  (second  Friday  in  May),  May 
30,  July  4,  first  Monday  in  September  (Labor  Day),  October  12,  December 
25,  national  election  day,  and  such  days  as  the  Governor  or  President  shall 
appoint  as  holidays.     Banks  close  at  12  noon  on  Saturdays. 

South  Carolina — January  1,  January  19,  February  22,  May  10,  June  3,  July  4, 
Labor  Day,  Thanksgiving,  Christmas,  general  election  day.  In  Columbia 
banks  from  12  o'clock  noon  during  June,  July  and  August,  and  in  Charleston 
every  Saturday  from  12  o'clock  noon. 

South  Dakota — January  1,  February  12,  February  22,  May  30,  July  4,  first  Mon- 
day in  September  (Labor  Day),  December  25,  and  every  day  on  which  an 
election  is  held  throughout  the  State,  and  every  day  appointed  by  the  Presi- 
dent of  the  United  States  or  by  the  Governor  of  this  State  for  a  public  fast; 
Thanksgiving  (the  holiday  shall  hereafter  be  designated  in  this  State  as  a 
legal  holiday). 

Tennessee — January  1,  February  22,  May  30,  June  3,  July  4,  December  25,  Thanks- 
giving, Labor  Day,  Good  Friday  and  election  days. 

Texas — January  1,  February  22,  March  2,  April  21,  June  3,  July  4,  Labor  Day, 
October  12,  December  25,  Thanksgiving,  election  days. 

Utah — January  1,  February  12,  February  22,  April  15,  May  30,  July  4  and  24, 
Labor  Day,  December  25,  Thanksgiving. 

Vermont — January  1,  February  12,  February  22,  May  30,  July  4,  August  16,  Octo- 
ber 12,  December  25,  Thanksgiving,  first  Monday  in  September. 

Virginia — January  1,  January  19  (Lee- Jackson  Day),  February  22,  May  30 
(Memorial  Day),  June  3  (half  holiday),  July  4,  first  Monday  in  September 
(Labor  Day),  election  days,  December  25,  Thanksgiving,  and  every  Satur- 
day after  12  o'clock  noon.  When  a  holiday  falls  on  Sunday  the  Monday  fol- 
lowing is  observed. 

Washington — January  1,  February  12,  February  22,  Decoration  Day,  July  4,  Octo- 
ber 12,  December  25,  Thanksgiving,  Labor  Day,  days  of  general  election  and 
primary  election  day.  All  of  these  are  holidays  only  for  judicial  business 
and  then  certain  exceptions. 

West  Virginia — January  1,  February  12,  February  22,  Memorial  Day,  July  4,  Octo- 
ber 12,  December  25,  Thanksgiving,  Labor  Day,  election  day. 

Wisconsin — January  1,  February  22,  May  30,  July  4,  December  25,  Thanksgiving, 
Labor  Day,  and  every  general  election  day.  When  any  such  day  is  Sunday 
the  succeeding  Monday  is  a  legal  holiday. 

Wyoming — January  1,  February  12,  February  22,  May  30,  July  4,  Thanksgiving, 
December  25,  election  day,  Arbor  Day,  Labor  Day. 


22 


HILLYER'S  LEGAL   MANUAL. 


METRIC  SYSTEM. 

LEGALIZED  IN  THE  UNITED  STATES  ON  JULY  28,  1866. 
MEASUEES  OF  LENGTH. 


Metric  Denominations  and  Values. 

Myriametre 10,000  metres. 

Kilometre 1,000  metres. 

Hectometre 100  metres. 

Dekametre 10  metres. 

Metre    1  metre. 

Decimetre 1-10  of  a  metre. 

Centimetre 1-100  of  a  metre. 

Millimetre 1-1000  of  a  metre. 


Equivalents  in  Denominations  in  Use. 
6.2137    miles. 

0.62137,  mile,  or  3,280  feet  10  inches. 
328  feet  1  inch. 

393.7  inches. 

39.37         inches. 
3.937       inches. 
0.3937     inch. 
0.0394    inch. 


MEASUEES  OF  SUEFACE. 


Metric  Denominations  and  Values. 

Hectare 10,000  square  metres. 

Are 100  square  metres. 

Centare 1  square  metre. 


Equivalents  in  Denominations  in  Use. 
2.471  acres. 
119.6       square  yards. 
1,550  square  inches. 


MEASUEES  OF  CAPACITY. 


Metric  Denominations  and  Values. 

Num- 


Equivalents  in  Demoninations  in  Use. 


Names.  ber  of 

Litres. 

Kilolitre  or  stere  1,000 

Hectolitre 100 

Dekalitre 10 

Litre 1 

Decilitre 1-10 

Centilitre 1-100 

Millilitre 1-1000 


Cubic  Measure. 


Dry  Measure. 


Liquid  or  Wine 
Measure. 


1  cubic  metre 1.308  cubic  yards .  .  .  .264.17       gallons. 

1-10  of  a  cubic  metre 2  bush,  and  3.35  pecks   26.417    gallons. 

10  cubic  decimetres 9.08  quarts 2.6417  gallons. 

1  cubic  decimetre 0.908  quart 1.0567  quarts. 

1-10  of  a  cubic  decimetre.  .  6.1022  cubic  inches.  .       0.845     gill. 

10  cubic  centimetres 0.6102  cubic  inch.  .  .        0.338    fluid  ounce. 

1  cubic  centimetre 0.061  cubic  inch 0.27      fluid  dram. 

■■■-**< VK^^i^j^)^^...,, "'^^, 

WEIGHTS. 


Number 
Names.  of 

Grams. 

Miller  or  tonneau 1,000,000 

Quintal 100,000 

Myriagram   10,000 

Kilogram  or  kilo 1,000 

Hectogram    100 

Dekagram 10 

Gram    1 

Decigram    1-10 

Centigram 1-100 

Milligram 1-1000 


Weight  of  What  Quantity  of  Water  Avoirdupois  Weight, 
at   Maximum   Density. 

1  cubic  metre 2204.6         pounds. 

1  hectolitre 220.46       pounds. 


10  litres 

1  litre .  . 

1  decilitre 

10  cubic  centimetres 

1  cubic  centimetre 

1-10  of  a  cubic  centimetre. 

10  cubic  millimetres 

1  cubic  millimetre 


22.046    pounds. 

2.2046  pounds. 

3.5274  ounces. 

0.3527  ounce. 
15.432     grains. 

1.5432  grains. 

0.1543  grain. 

0.0154  grain. 


METRIC  SYSTEM — DOMESTIC  WEIGHTS  AND  MEASURES.  23 


DOMESTIC  WEIGHTS  AND  MEASURES. 

Apothecaries'  Weight:  20  grains=l  scruple;  3  scruples=l  dram;  8  drains=l 
ounce;  12  ounces=:l  pound. 

Avoirdupois  Weight  (short  ton):  27  11-32  grains=l  dram;  16  drams=:l  ounce; 
16  ounces=:l  pound;  25  pounds^l  quarter;  4  quarters=l  cwt.;  20  cwt.=l  ton. 

Avoirdupois  Weight  (long  ton):  27  11-32  grains=l  dram;  16  drams:=l  ounce; 
16  ounces=:l  pound;  112  pounds=l  cwt.;  20  cwt.=l  ton. 

Troy  Weight:  24  grains=:l  pennyweight;  20  pennyweights=l  ounce;  12  ounces 
=1  pound. 

Circular  Measure:  60  seconds=l  minute;  60  minutes=:l  degree;  30  degrees=l 
sign;   12  signs=l  circle  or  circumference. 

Cubic  Measure:  1,728  cubic  inches=l  cubic  foot;  27  cubic  feet^l  cubic  yard. 

Dry  Measure:  2  pints=l  quart;  8  quarts=l  peck;  4  pecks=l  bushel. 

Liquid  Measure:  4  gills=l  pint;  2  pints=l  quart;  4  quarts==l  gallon;  311/2 
gallons=l  barrel;  2  barrels=:l  hogshead. 

Long  Measure:  12  inches=l  foot;  3  feet=:l  yard;  51/2  yards=l  rod  or  pole; 
40  rods=l  furlong;  8  furlongs=l  statute  mile  (1,760  yards  or  5,280  feet);  3 
miles^l  league. 

Mariner's  Measure:  6  feet=:l  fathom;  120  fathoms=l  cable  length;  71/2  cable 
lengths=l  mile;  5,280  feet=:l  statute  mile;  6,085  feet=l  nautical  mile. 

Paper  Measure:  24  sheets=:l  quire;  20  quires=l  ream  (480  sheets);  2  reams= 
1  bundle;  5  bundles=l  bale. 

Square  Measure:  144  square  'inches=l  square  foot;  9  square  feet=l  square 
yard;  30^^  square  yards=:l  square  rod  or  perch;  40  square  rods=l  rood;  4  roods= 
1  acre;  640  aeres=l  square  mile;  36  square  miles  (6  miles  square)=l  township. 

Time  Measure:  60  seconds=l  minute;  60  minutes==l  hour;  24  hours=l  day; 
7  days=l  week;  365  days=:l  year;  366  days=:l  leap  year. 


24 


HILLYER  S  LEGAL   MANUAL. 


VALUES  OF  FOREiaN  COINS. 

The  following  estimate,  by  the  Director  of  the  Mint,  of  the  values  of  foreign 
coins  is  proclaimed  by  the  Secretary  of  the  Treasury,  in  pursuance  of  the  pro- 
visions of  section  25  of  the  Act  of  August  28,  1894,  to  be  the  values  of  such  coins 
in  terms  of  the  money  of  account  of  the  United  States,  to  be  followed  in  esti- 
mating the  value  of  all  foreign  merchandise  exported  to  the  United  States  on 
or  after  January  1,  1909,  expressed  in  any  of  such  metallic  currencies: 


COUNTRY.  Standard. 

Argentine    Rep Gold 

Austria-Hungary    Gold 

Belgium Gold 

Bolivia Silver 

Brazil    Gold 

British  America Gold 

Costa  Rica Gold 

CMli Gold 

China Silver 

Colombia Gold 

Denmark Gold 

Ecuador Gold 

Egypt    Gold 

Finland Gold 

France Gold 

Grerman  Empire Gold 

Great  Britain Gold 

Greece Gold 

Hayti Gold 

India  (British)   Gold 

Italy Gold 

Japan Gold 

Liberia Gold 

Mexico Gold 

Netherlands Gold 

Newfoundland Gold 

Norway Gold 

Panama Gold 

Persia Silver 

Peru Gold 

Philippine  Islands Gold 

Portugal   Gold 

Russia Gold 

Spain Gold 

Sweden   Gold 

Switzerland  Gold 

Turkey    Gold 

CJruguay  Gold 

Venezuela Gold 


Monetary  Unit.  Value. 

Peso  $0.96,5 

Crown 0.20,3 

Franc 0.19,3 

Boliviano 0.36,5 

Milreis 0.54,6 

Dollar    1.00,0 

Colon 0.46,5 

Peso 0.36,5 

f  Shanghai 0.54,6 

Tael \  Haikwan    0.60,9 

[  (Customs)    

Dollar 1.00,0 

Crown 0.26,8 

Sucre    0.48,7 

Pound  (100  piastres)   4.94,3 

Mark   0.19,3 

Franc 0.19,3 

Mark 0.23,8 

Pound  Sterling 4.86,6 1^ 

Drachma   0.19,3 

Gourde 0.96,5 

Pound  Sterling 4.86,6% 

Lira    0.19,3 

Yen    0.49,8 

Dollar 1.00,0 

Peso 0.49,8 

Florin 0.40,2 

Dollar 1.01,4 

Crown 0.26.8 

Balboa 1.00,0 

Kran 0.06,7 

Libra   4.86,61^ 

Peso  0.50,0 

Milreis 1.08,0 

Ruble 0.51,5 

Peseta   0.19,3 

Crown 0.26,8 

Franc 0.19,3 

Piaster 0.04,4 

Peso  1.03,4 

Bolivar 0.19,3 


FOREIGN  COINS — LAND  MEASURE. 

PUBLIC  LAND  SUBDIVISIONS 


25 


TOWNSHIP 


SECTION 
-I  mile  or  80  chains - 


18 


19 


30 


31 


17 


20 


29 


32 


16 


21 


28 


33 


10 


15 


22 


27 


34 


14 


23 


26 


35 


12 


13 


24 


25 


36 


320  rods  or  5280  feet 

20chs. 

80  rds. 

440  yds. 

1320  ft. 

-40  chains- 
-160  rods- 
-2640  feel- 


SURVEYOR'S    MEASURE. 
I  rod         =  16^  ft.  or  25  links. 
I  chain     =4  rods  or  66  ft.  or  100  links. 
I  link       =7.92  inches. 
I  acre       =43560  square  feet. 


1  sq.  acre  =  208.708  ft.  x  208.708  ft. 

Chs. 

Ft. 

Chs. 

Ft. 

Chs. 

Ft. 

Chs. 

P.. 

1  = 

66 

26  = 

1716 

51  = 

3366 

76  = 

5016 

2  = 

132 

27  = 

1782 

52  = 

3432 

77  = 

5082 

3  = 

198 

28  = 

1848 

53  = 

3498 

78  = 

5148 

4  = 

264 

29  = 

1914 

54  = 

3564 

79  = 

5214 

5  = 

330 

30  = 

1980 

55  = 

3630 

80  = 

5280 

6  = 

396 

31  = 

2046 

56  = 

3696 

81  = 

5346 

7  = 

462 

32  = 

2112 

57  = 

3762 

82  = 

5412 

8  = 

528 

33  = 

2178 

58  = 

3828 

83  = 

5478 

9  = 

594 

34  = 

2244 

59  = 

3894 

84  = 

5544 

10  = 

660 

35  = 

2310 

60  = 

3960 

85  = 

5610 

II  = 

726 

36  = 

2376 

61  = 

4026 

86  = 

5676 

12  = 

792 

37  = 

2442 

62  = 

4092 

87  = 

5742 

13  = 

858 

38  = 

2508 

63  = 

4158 

88  = 

5808 

14  = 

924 

39  = 

2574 

64  = 

4224 

89  = 

5874 

15  = 

990 

40  = 

2640 

65  = 

4290 

90  = 

5940 

16  = 

1056 

41  = 

2706 

66  = 

4356 

91  = 

6006 

17  = 

1122 

42  = 

2772 

67  = 

4422 

92  = 

6072 

18  = 

1188 

43  = 

2838 

68  = 

4488 

93  = 

6138 

19  = 

1254 

44  = 

2904 

69  = 

4554 

94  = 

6204 

20  = 

1320 

45  = 

2970 

70  = 

4620 

95  = 

6270 

21  = 

1386 

46  = 

3036 

71  = 

4686 

96  = 

6336 

22  = 

1452 

47  = 

3102 

72  = 

4752 

97  = 

6402 

23  = 

1518 

48  = 

3168 

73  = 

4818 

98  = 

6468 

24  = 

1584 

49  = 

3234 

74  = 

4884 

99  = 

6534 

25  = 

1650 

50  = 

3300 

75  = 

4950 

100  = 

6600 

TO  REDUCE  CHAINS  TO  FEET.— For  even  chains,  under  column  headed  "Chains," 
find  the  number  given,  and  the  corresponding  feet  will  be  found  opposite,  under  column 
headed  'Teet." 

For  links  (or  one-hundredth  of  a  chain)  proceed  as  if  they  were  chains,  and 
divide  the  result  by  IQO. 

If  the  number  given  contains  both  chains  and  links,  the  sum  of  the  two,  found 
separately,  will  be  the  required  number. 


26 


hillyer's  legal  manual. 


n)ia^ram  of  Xegal  <Subdivi.sion<s.of  cgection 


CALIFORNIA  SPANISH  LAND  MEASURE. 


1  vara  =  33%  inches. 
50  varas=137%  feet. 


LINEAR  MEASURE. 

100  varas— 275  feet. 
1900.8  varas=     1  mile. 


SQUARE  MEASURE. 

5,645.37     square  varas=l  acre.  25,000,000  square  varas=l  league. 

3,612,800  square  varas=l  sq.  mile. 


LAND  AND  WATER  MEASURES. 


27 


MINER'S  INCH  MEASUREMENTS. 

(From  National  Tube  Company's  Book  of  Standards.) 

The  standard  miner's  inch  of  water  shall  be  equivalent  to  one  and  one-half 
cubic  feet  of  water  per  minute  measured  through  any  aperture  or  orifice.  (Stats. 
1901,  p.  660.) 

The  following  table  gives  the  discharge  in  cubic  feet  per  minute  of  a  miner's 
inch  of  water  as  measured  under  the  various  heads  and  different  lengths  and 
heights  of  apertures  used  in  California. 

Openings  2  Inches  High. 

Length  of     Head  to  Head  to  Head  to 

Opening        Center  Center  Center 

in  Inches.     5  Inches.        6  Inches.  7  Inches. 


Cu.  ft. 

Cu.  ft. 

Cu.  ft. 

4 

1.348 

1.473 

1.589 

6 

1.355 

1.480 

1.596 

8 

1.359 

1.484 

1.600 

10 

1.361 

1.485 

1.602 

12 

1.363 

1.487 

1.604 

14 

1.364 

1.488 

1.604 

16 

1.365 

1.489 

1.605 

18 

1.365 

1.489 

1.606 

20 

1.365 

1.490 

1.606 

22 

1.366 

1.490 

1.607 

24 

1.366 

1.490 

1.607 

26 

1.366 

1.490 

1.607 

28 

1.367 

1.491 

1.607 

30 

1.367 

1.491 

1.608 

40 

1.367 

1.492 

1.608 

50 

1.368 

1.493 

1.609 

60 

1.368 

1.493 

1.609 

70 

1.368 

1.493 

1.609 

80 

1.368 

1.493 

1.609 

90 

1.369 

1.493 

1.610 

100 

1.369 

1.494 

1.610 

Openings 

1  4  Inches  H 

igh. 

Head  to 

Head  to 

Head  to 

Center 

Center 

Center 

5  Inches. 

6  Inches. 

7  Inches. 

Cu.  ft. 

Cu.  ft. 

Cu.  ft. 

1.320 

1.450 

1.570 

1.336 

1.470 

1.595 

1.344 

1.481 

1.608 

1.349 

1.487 

1.615 

1.352 

1.491 

1.620 

1.354 

1.494 

1.623 

1.356 

1.496 

1.626 

1.357 

1.498 

1.628 

1.359 

1.499 

1.630 

1.359 

1.500 

1.631 

1.360 

1.501 

1.632 

1.361 

1.502 

1.633 

1.361 

1.503 

1.634 

1.362 

1.503 

1.635 

1.363 

1.505 

1.637 

1.364 

1.507 

1.639 

1.365 

1.508 

1.640 

1.365 

1.508 

1.641 

1.366 

1.509 

1.641 

1.366 

1.509 

1.641 

1.366 

1.509 

1.642 

28 


WATER  MEASUREMENT— CONVENIENT 
EQUIVALENTS. 

(From  Book   of  Standards   of  National  Tube    Company,  Pittsburg,  Pa.) 

1  second-foot  equals  40  California  miner's  inches  (Law  of  March  23,  1901). 

1  second-foot  equals  7.48  United  States  gallons  per  second;   equals  448.8  gallons 

per  minute;  equals  646,317  gallons  per  day. 
1  second-foot  equals  6.23  British  imperial  gallons  per  second. 
1  second-foot  for  one  year  covers  one  square  mile  1.131  feet  deep;   13.57  inches 

deep. 
1  second-foot  for  one  year  equals  31,536,000  cubic  feet. 
1  second-foot  equals  about  one  acre-inch  per  hour. 
1  second-foot  falling  10  feet  equals  1.136  horse-power. 

100  California  miner's  inches  equal  18.7  United  States  gallons  per  second. 
100  California  miner's  inches  for  one  day  equal  4.96  acre-feet. 
100  United  States  gallons  per  minute  equal  0.223  second-foot. 
100  United  States  gallons  per  minute  for  one  day  equal  0.442  acre-foot. 
1,000,000  United  States  gallons  per  day  equal  1.55  second-feet. 
1,000,000  United  States  gallons  equal  3.07  acre-feet. 
1,000,000  cubic  feet  equal  22.96  acre-feet. 
1  acre-foot  equals  325.851  gallons. 

1  inch  deep  on  1  square  mile  equals  2,323,200  cubic  feet.  ' 

1  inch  deep  on  1  square  mile  equals  .0737  second-foot  per  year. 


WATER  MEASURES — MORTALITY  TABLE. 


29 


AMERICAN  EXPERIENCE  TABLE  OF  MORTALITY 


Death 

Average 

^ge. 

Rate  per 

Expectation  of 

1,000. 

Life  in  Years. 

10 

7.49 

48.7 

11 

7.52 

48.1 

12 

7.54 

47.5 

13 

7.57 

46.8 

14 

7.60 

46.2 

15 

7.63 

45.5 

16 

7.66 

44.9 

17 

7.69 

44.2 

18 

7.73 

43.5 

19 

7.77 

42.9 

20 

7.81 

42.2 

21 

7.86 

41.5 

22 

7.91 

40.9 

23 

7.96 

40.2 

24 

8.01 

39.5 

25 

8.07 

38.8 

26 

8.13 

38.1 

27 

8.20 

37.4 

28 

8.26 

36.7 

29 

8.35 

36.0 

30 

8.43 

35.3 

31 

8.51 

34.6 

32 

8.61 

33.9 

33 

8.72 

33.2 

34 

8.83 

32.5 

35 

8.95 

31.8 

36 

9.09 

31.1 

37 

9.23 

30.4 

38 

9.41 

29.6 

39 

9.59 

28.9 

40 

9.79 

28.2 

41 

10.01 

27.5 

42 

10.25 

26.7 

43 

10.52 

26.0 

44 

10.83 

25.3 

45 

11.16 

24.5 

46 

11.56 

23.8 

47 

12.00 

23.1 

48 

12.51 

22.4 

49 

13.11 

21.6 

50 

13.78 

20.9 

51 

14.54 

20.2 

52 

15.39 

19.5 

Age. 

53 
54 
55 
56 
57 
58 
59 
60 
61 
62 
63 
64 
65 
66 
67 
68 
69 
70 
71 
72 
73 
74 
75 
76 
77 
78 
79 
80 
81 
82 
83 
84 
85 
86 
87 
88 
89 
90 
91 
92 
93 
94 
95 


Death 

Rate  per 

1,000. 

16.33 

17.40 

18.57 

19.89 

21.34 

22.94 

24.72 

26.69 

28.88 

31.29 

33.94 

36.87 

40.13 

43.71 

47.65 

52.00 

56.76 

61.99 

67.67 

73.73 

80.18 

87.03 

94.37 

102.31 

111.06 

120.83 

131.73 

144.47 

158.61 

174.30 

191.56 

211.36 

235.55 

265.68 

303.02 

346.69 

395.86 

454.55 

532.47 

634.26 

734.18 

857.14 

1000.00 


Average 
Expectation  of 
Life  in  Years. 
18.8 
18.1 
17.4 
16.7 
16.1 
15.4 
14.7 
14.1 
13.5 
12.9 
12.3 
11.7 
11.1 
10.5 
10.0 

9.0 

9.0 

8.5 

8.0 

7.6 

7.1 

6.7 

6.3 

5.9 

5.5 

5.1 

4.7 

4.4 

4.1 

3.7 

3.4 

3.1 

2.8 

2.5 

2.2 

1.9 

1.7 

1.4 

1.2 

1.0 
.8 
.6 
.5 


Mortuary  Tables  for  estimating  the  probable  duration  of  life  of  a  party  at  a 
given  age  are  admissible  to  prove  facts  of  general  notoriety  and  interest  in  con- 
nection with  such  subjects  as  may  be  involved  in  the  trial  of  the  cause In 

general,  it  seems  that  life  tables  may  be  shown  by  any  standard  work  containing 

them As  courts  take  judicial  notice  of  standard  tables,  no  preliminary  proof 

is  necessary,  Keast  v.  Santa  Ysabel  Gold  Mining  Co.,  136  Cal.  259. 


30  hillyer's  legal  manual. 


DAMAGE  TABLE. 

[The  following  table  contains  all  the  judgments  for  death  or  personal  injuries 
affirmed  by  the  Supreme  Court  or  District  Courts  of  Appeal  in  the  last  twenty- 
years  when  the  report  discloses  the  character  of  the  injuries  and  the  amount  of 
the  judgment.] 

Death— Barboza  v.  Pacific  Portland  Cement  Co.,  162  Cal.  36,  120  Pac.  767.  .  2,500 
Permanent  injury  to  arm  and  ear — Walker  v.  Southern  Pacific  Co.,  162  Cal. 

121,    121   Pac.    369 4,000 

Injuries  from  fall— Majors  v.  Connors,  162  Cal.  131,  121  Pac.  371 1,250 

Death— Diller  v.  Northern  Cal.  Power  Co.,  162  Cal.  531,  Ann.  Cas.  1913D, 

908  and  note,  123  Pac.  359 30,000 

Loss  of  both  arms  and  one  leg — Zibbell  v.  Southern  Pacific  Co.,  160  Cal. 

237,   116   Pac.   513 70,0t)0 

Death— Peters  v.  Southern  Pacific  Co.,  160  Cal.  48,  116  Pac.  400 30,000 

'Both  legs  broken  and  bruised,  knees  injured,  side  bruised,   eye  and  nose 

cut — Merrill  v.  Los  Angeles  Gas  &  Electric  Co.,  158  Cal.  499,  139  Am. 

St.  Rep.  134,  31  L.  R.  A.,  N.  S.,  559,  111  Pac.  534 8,555 

Death— Valente  v.  Sierra  Ry.  Co.,  158  Cal.  412,  111  Pac.  95 14,000 

Burns  on  head,  hands  and  foot — Dow  v.  Sunset  Telephone  &  Telegraph  Co., 

157  Cal.  182,  106  Pac.  587 3,500 

Injuries  from  fall    (no  particulars) — Kirk  v.   Santa  Barbara  Ice   Co.,   157 

Cal.  591,  108  Pac.  509 500 

Injuries    to   kidney   and    shock   to    nervous    system,   permanently    affecting 

health— Kimic  v.  San  Jose-Los  Gatos  etc.  Ry.,  156  Cal.  273,  379,  104 

Pac.  312,  986 6,400 

Lead  poisoning  causing  partial  paralysis — Pigeon  v.  Fuller,   156   Cal   691, 

105   Pac.   976 5,000 

Death— Hale  v.  San  Bernardino  etc.  Co.,  156  Cal.  713,  106  Pac.  83 12,000 

Injury  to  hand— Larsen  v.  Bloemer,  156  Cal.  752,  106  Pac.  52 2,250 

Injury  to  hand — Quinn  v.  Electric  Laundry  Co.,  155  Cal.  500,  17  Ann.  Cas. 

1100,    101    Pac.    794 2,500 

Loss  of  eye— Boin  v.  Spreckels  Sugar  Co.,  155  Cal.  612,  102  Pac.  937 5,000 

Death— Johnson  v.  Southern  Pacific  Co.,  154  Cal.  285,  97  Pac.  520 8,000 

Injuries  from  contact  with  electric  wire — Reeve  v.   Colusa  Gas  &  R.  Co., 

152  Cal.  99,  92  Pac.  89 30,000 

Death— Salmon  v.  Rathjens,  152  Cal.  291,  92  Pac.  733 4,500 

Loss  of  three  fingers— O'Neill  v.  Thomas  Day  Co.,  152  Cal.  357,  92  Pac.  856.  .  3,000 
Permanent  disability — Bonneau  v.   North   Shore  R.   Co.,  152   Cal.  406,  125 

Am.  St.  Rep.  68,  93  Pac.  106  .• 7,500 

Loss  of  right  leg— Jensen  v.  Will  &  Finck,  150  Cal.  398,  89  Pac.  113 7,500 

Fractufe  of  thigh — Kline  v.  Santa  Barbara  Ry.  Co.,  150  Cal.  741,  90  Pac. 

125 , 8,000 

Death— Forsythe  v.  Los  Angeles  Ry.  Co.,  149  Cal.  569,  87  Pac.  24.- 4,000 

Bruise  of  arm  and  shoulder  and  nervous  shock-^Cody  v.  Market  St.  Ry. 

Co.,  148  Cal.  90,  82  Pac.  666 750 

Death— Bilton  v.  Southern  Pacific  Co.,  148  Cal.  443,  83  Pac.  440 3,000 

Loss  of  hand— Anderson  v.  Seropian,  147  Cal.  201,  81  Pac.  521 7,500 


DAMAGE   TABLE.  31, 

Permanent   disabling   of  wrist — Davis   v.   Diamond   Carriage   etc.   Co.,   146 

Cal.  59,  79  Pac.  596 500 

Permanent  injury  to  jaw — Mernin  v.  Cory,  145  Cal.  573,  79  Pac.  174 2,000 

Death— Shea  v.  Pacific  Power  Co.,  145  Cal.  680,  79  Pac.  373 10,000 

Death— Dyas  v.  Southern  Pac.  Co.,  140  Cal.  296,  73  Pac.  972 6,000 

Death— Skelton  v.  Pacific  Lumber  Co.,  140  Cal.  507,  74  Pac.  13 18,000 

Death — Harrington  v.  Los  Angeles  Ey.  Co.,  140  Cal.  514,  98  Am.  St.  Rep. 

85,  63  L.  E.  A.  238,  74  Pac.  15 10,000 

Loss  of  leg— Wall  v.  Marshutz  &  Cantrell,  138  Cal.  522,  71  Pac.  692 5,000 

Death— Murphy  v.  Coppieters,  136  Cal.  317,  68  Pac.  970 2,250 

Permanent  injuries  to  head — Dolan  v.  Sierra  Ey.  Co.,  135  Cal.  435,  67  Pac. 

686 7,000 

Thigh  crushed — O'Connor  v.  Golden  Gate  etc.  Co.,  135  Cal.  537,  87  Am.  St. 

Eep.   127,  67   Pac.   966 300 

Injuries   from   electric   shock   and   fall — Tedf ord   v.   Los    Angeles    Electric 

Co.,  134  Cal.  76,  54  L.  E.  A.  85,  66  Pac.  76 15,000 

Injured  knee— Sheyer  v.  Lowell,  134  Cal.  357,  66  Pac.  307 300 

Death— Schneider  v.  Market  St.  Ey.  Co.,  134  Cal.  482,  66  Pac.  734 5,000 

Broken  arm— Wahlgren  v.  Market  St.  Ey.  Co.,  132  Cal.  656,  62  Pac.  308, 

64  Pac.   993 1,000 

Broken  ribs  and  permanent  internal  injuries — Meyer  v.  Haas,  126  Cal.  560, 

58   Pac.   1042 1,500 

Permanent   shortening  of  leg — Eoche  v.  Eedington,   125   Cal.   174,  57  Pac. 

890 4,000 

Injury  from  overturned  wagon  (no  particulars) — Tompkins  v.  Montgomery, 

123   Cal.  219,  55  Pac.  997 13,500 

Hearing  destroyed,  eye  impaired,  shock  to  nervous  system — Clare  v.  Sacra- 
mento Electric  etc.  Co.,  122  Cal.  504,  55  Pac.  326 2,000 

Flayed  by  steam— Nof singer  v.  Goldman,  122  Cal.  609,  55  Pac.  425 5,000 

Fractured  coccyx  and  spinal  injuries — Clowdis   v.  Fresno   Flume   etc.   Co., 

118  Cal.  315,  62  Am.  St.  Eep.  238,  50  Pac.  373 5,500 

Scalding— Eussell  v.  Pacific  Can  Co.,  116  Cal.  527,  48  Pac.  616 2,500 

Loss   of  hand— Verdelli  v.   Grays  Harbor   Co.,   115   Cal.   517,  47  Pac.   364, 

778 • 5,000 

Broken  thigh  bone— Daly  v.  Hinz,  113  Cal.  366,  45  Pac.  693 1,000 

Death— Eedfield  v.  Oakland  Consolidated,  110  Cal.  277,  42  Pac.  822,  1063. .  .   14,000 

Broken  leg— Anderson  v.  Hinshaw,  110  Cal.  682,  43  Pac.  389 1,000 

Loss  of  leg— Hansen  v.  Southern  Pacific  Co.,  105  Cal.  379,  38  Pac.  957 10,000 

Scalding  shoulders  and  back — Nixon  v.  Selby  Smelting  Co.,  102  Cal.  458, 

36  Pac.  803 3,816 

Injuries  by  fall  from  scaffold  (no  particulars) — McNamara  v.  Macdonough, 

102    Cal.   575,   36   Pac.   941 4,500 

Injuries  to  head  and  skull — Healy  v.  Visalia  E.  E.  Co.,  101  Cal.  585,  36  Pac. 

125 7,200 

Broken    wrist — Carraher    v.    San   Francisco    Bridge    Co.,    100    Cal.    177,    34 

Pac.  828 1,000 

Broken  leg  and  other  serious  injuries  (no  particulars) — Smith  v.  Occidental 

&  Oriental  S.  S.  Co.,  99  Cal.  462,  34  Pac.  84 3,0t)0 

Death— Daves  v.  Southern  Pacific   Co.,   98   Cal.   19,   35   Am.   St.   Eep.   133, 

32  Pac.   708 9,000 


32  HILLYER^S  LEGAL   MANUAL. 

Permanent   injuries   from   fall   from    train    (no   particulars) — Carr    v.    Eel    . 

Eiver  K.  E.  Co.,  98  Cal.  366,  21  L.  R.  A.  354,  33  Pac.  213 5,000 

Injuries  from  bite  of  dog— Boyd  v.  Oddous,  97  Cal.  510,  32  Pac.  569 450 

Death— Driscoll  v.  Market  St.  Cable  Co.,  97  Cal.  553,  33  Am.  St.  Rep.  203, 

32  Pac.   591 7,775 

Fractured    leg    permanently    shortened,    cut    on    head    and    broken    nose — 

O'Connell  v.  United  Railroads,  19  Cal.  App.  36,  124  Pac.  1022 6,000 

Severe  shock  from  fall  and  other  injuries — Scharpf  v.  Union  Oil  Co.,  19  Cal. 

App.  100,   124  Pac.   864 2,500 

Leg  broken,  bones  splintered,  two  ribs  broken — Hayes  v.  Western  Fuel  Co., 

19  Cal.  App.  635,  127  Pac.  518 5,000 

Breaking  leg  and  bruising  body — Jessen  v.  Peterson,  18  Cal.  App.  349,  123 

Pac.  619 1,000 

Thrown  down  and  injured   (no  particulars) — Talbot  v.  Ginocchio,  18   Cal. 

App.  390,  123  Pac.   223 350 

Scalding — permanently    disabling    hands    and    disfiguring    face,    ears    and 

ankles,  bruise  on  knee,  rib  injured  and  shock — Edmunds  v.  Southern 

Pacific  Co.,  IS  Cal.  App.  533,  123  Pac.  811 5,000 

Permanent  injuries  from   collision    (no  particulars) — Schermerhorn  v.  Los 

Angeles  Pac.  Ry.  Co.,  18  Cal.  App.  454,  123  Pac.  351 6,000 

Grave  physical  injuries  (no  particulars) — Patton  v.  Los  Angeles  Pacific  Co., 

18  Cal.  App.  522,  123  Pac.  613 12,500 

Foot  crushed — Hawley  v.  Los  Angeles  Creamery  Co.,  16  Cal.  App.  50,  116 

Pac.  84   3,750 

Collar-bone  broken   and  bruises — McKernan  v.  Los  Angeles   Gas  etc.   Co., 

16  Cal.  App.  280,  116  Pac.  677 2,750 

Permanent  spinal  injury — Griffith  v.  Los  Angeles  Pacific  Co.,  14  Cal.  App. 

145,  111  Pac.  107 7,500 

Injuries  resulting  in  loss  of  earning  power  to  physician  (no  particulars) — 

Washington  v.  Pacific  Electric  R.  Co.,  14  Cal.  App.  685,  112  Pac.  904. . .  4,250 
Injuries  of  severe   and  permanent  character    (no  particulars) — Roberts  v. 

Sierra  Railroad  Co.,  14  Cal.  App.  180,  111  Pac.  519,  527 5,760 

Loss  of  right  arm — Diehl  v.  Swett-Davenport  Furniture  Co.,  14  Cal.  App. 

495,   112    Pac.   561 5,000 

Death  of  minor  son — Clark  v.  Tulare  Lake  Dredging  Co.,  14  Cal.  App.  414, 

112  Pac.  564 5,000 

Nervous  shock,  sprain  of  back,  double  inguinal  hernia  disabling  for  life — 

Klein  v.  Atchison  etc.  Ry.  Co.,  12  Cal.  App.  287,  107  Pac.  147 8,500 

Death— Fujise  v.  Los  Angeles  Ry.  Co.,  12  Cal.  App.  207,  107  Pac.  317 2,000 

Permanent  injuries  to  hand  and  arm  of  student  of  music — ^Scally  v.  Gar- 
rett &  Co.,  11  Cal.  App.  138,  104  Pac.  325 7,500 

Fall  from  moving  car   (no  particulars) — Nilson  v.   Oakland  Traction   Co., 

10  Cal.  App.  103,  101  Pac.  413 2,500 

Injuries   from  fall   through   manhole    (no   particulars) — Pearson   v.   Potter 

Co.,  10  Cal.  App.  245,  101  Pac.  681 1,844 

Permanent  injury  to  arm — Braly  v.  Fresno  City  Railway  Co.,  9  Cal.  App. 

417,  99  Pac.  400 5,000 

Injuries  from  fall  of  scaffold  (no  particulars) — Irrgang  v.  Ott,  9  Cal.  App. 

440,  99  Pac.  528 600 


DAMAGE   TABLE.  33 

Permanent  injuries  (not  specified) — King  v.  Green,  7  Cal.  App.  473,  94  Pac. 

777    7,000 

Fracture  of  thigh — Zipperlen  v.  Southern  Pacific  Co.,  7  Cal.  App.  206,  93 

Pac.  1049 4,125 

Broken  arm — Doherty  v.  Cal.  Navigation  etc.  Co.,  6  Cal.  App.  131,  91  Pac. 

419    575 

Death— Williams  v.  S.  F.  etc.  Ry.  Co.,  6  Cal.  App.  715,  93  Pac.  122 3,000 

Injuries  from  fall — (not  specified) — Doyle  v.  Eschen,  5   Cal.  App.   55,   89 

Pac.  836 7,500 

Fracture  of  skull — Cordiner  v.  Los  Angeles  Traction  Co.,  5  Cal.  App.  400, 

91   Pac.   436 5,000 

Death— Brown  v.  Sierra  Lumber  Co.,  3  Cal.  App.  312,  84  Pac.  1010 5,000 

Injury  to  fingers — Sheehan  v.  Hammond,  2  Cal.  App.  371,  84  Pac.  340 1,000 

Injury  from  fall— Griffin  v.  Pacific  Electric  Ry.,  1  Cal.  App.  678,  82  Pac. 

1084 1,000 

Cut  in  scalp  and  concussion  of  brain — Wood  v.  Los  Angeles  Traction  Co., 

1  Cal.  App.  474,  82  Pac.  547 2,000 

NOTE. — ^For  exhaustive  lists  of  damage  verdicts  in  personal  injury  cases,  see 
the  note  to  Ruck  v.  Milwaukee,  Ann.  Cas.  1913A,  1356,  and  also  note  to  Cleveland 
R.  R.  Co.  V.  Hadley,  16  Ann.  Cas.  1. 
3 


34  hillyer's  legal  manual. 


TABLE  OF  CREDITS  TO  CONVICTS. 


For  good  behavior  and  faithful   observance   of  the  rules  of  the  prison,  the 
following  credits  are  given  to  convicts  by  the  statute  of  1889.     Any  portion  of 

the  credits  may  be  taken  away  by  the  directors  in  case  of  violation  of  the  pro- 
visions of  the  law  or  regulations. 

Actual  Time  of  Sentence  when. 
Sentence,  in  Years.  Credits.  Reduced  by  Credits. 

Months.         Years.  Months. 

One-half   1  5 

One    a  10 

One  and  one-half   3  1  3 

Two    • 4  1  8 

Two  and  one-half    6  2 

Three    8  2  4 

Three  and  one-half  10  2  8 

Four 12  3 

Four  and  one-half   I414  3  3^4 

Five   17  3  7 

Five  and  one-half   19%  3  10^^ 

Six    22  4  2 

Six  and  one-half   241/0  4  5% 

Seven    27  4  9 

Seven  and  one-half  29%  5  % 

Eight    32  5  4 

Eight  and  one-half   341/2  5  7% 

Nine    37  5  11 

Nine  and  one-half 39%  6  2% 

Ten    42  6  6 

Ten  and  one-half 44%  6  9% 

Eleven    47  7  1 

Eleven  and  one-half 49%  7  4% 

Twelve    52  7  8 

Twelve  and  one-half 54%  7  11% 

Thirteen    57  8  3 

Thirteen  and  one-half    59%  8  6% 

Fourteen    62  8  10 

Fourteen  and  one-half  64%  9  1% 

Fifteen    67  9  5 

Fifteen    and    one-half    69%  9  8% 

Sixteen    72  10 

Sixteen  and  one-half    74%  10  3% 

Seventeen    77  10  7 

Seventeen  and  one-half  79%  10  10% 

Eighteen    82  11  2 

Eighteen   and   one-half    84%  11  5% 

Nineteen 87  11  9 

Nineteen  and  one-half  89%  12  % 

Twenty    92  12  4 

Twenty  and  one-half   94%  12  7% 

Twenty-one    97  12  11 

Twenty-one  and  one-half 99%  13  2% 

Twenty-two   102  13  6 

Twenty-two  and  one-half   104%  13  9% 

Twenty-three    107  14  1 

Twenty-three   and   one-half    109%  14  4% 

Twenty-four    112  14  8 

1  Penal  Code,  sec.  1588. 


CREDITS   TO   CONVICTS.  35 

Actual  Time  of  Sentence  when 

Sentence,  in  Years.  Credits;  Reduced  by  Credits. 

Months.  Years.  Months. 

Twenty-four  and  one-half  114i^  14  11% 

Twenty-five    117  ^  15  3 

Twenty-five  and  one-half   llQi^  15  6% 

Twenty-six    122  15  10 

Twenty-six  and  one-half   124i^  16  li^ 

Twenty-seven    127  16  5 

Twenty-seven  and  one-half 129^^  16  8V2 

Twenty-eight    132  17 

Twenty-eight  and  one-half   134i^  17  3% 

Twenty-nine    137  17  7 

Twenty-nine  and  one-half  1391/^  17  IQi^ 

Thirty   142  18  2 

Thirty  and  one-half   1441/2  18  o^^ 

Thirty-one    147  18  9 

Thirty-one  and  one-half '  1491/2  19  14 

Thirty-two   152  19  4 

Thirty-two  and  one-half   154%  19  7% 

Thirty-three    157  19  11 

Thirty-three  and  one-half 159%  20  2% 

Thirty-four    162  20  6 

Thirty-four  and   one-half    I641/2  20  9% 

Thirty-five   .' 167  21  1 

Thirty-five  and  one-half    169%  21  4% 

Thirty-six    172  21  8 

Thirty-six  and  one-half   174%  21  11% 

Thirty-seven    177  22  3 

Thirty-seven  and   one-half   179%  22  6% 

Thirty-eight    182  22  10 

Thirty-eight  and  one-half   184%  23  1% 

Thirty-nine    187  23  5 

Thirty-nine  and  one-half    189%  23  8% 

Forty    192  24 

Forty   and   one-half    194%  24  3% 

Forty-one 197  24  7 

Forty-one  and  one-half   199%  24  10% 

Forty-two    202  25  2 

Forty-two  and  one-half   204%  25  5% 

Forty-three    207  25  9 

Forty-three  and  one-half    209%  26  1% 

Forty-four    212  26  4  " 

Forty-four  and  one-half    214%  26  7% 

Forty-five    217  26  11  ^ 

Forty-five  and  one-half   219%  27  2% 

Forty-six    222  27  6  ' 

Forty-six   and  one-half    224%  27  9% 

Forty-seven   227  28  1  " 

Forty-seven  and  one-half   229%  28  4% 

Forty-eight    232  28  8  ' 

Forty-eight  and  one-half 234%  28  11% 

Forty-nine    237  29  3 

Forty-nine  and  one-half    239%  29  6% 

Fifty   242  29  10 


36 


hillyer's  legal  manual. 


TABLE  OF  INTEREST  RATES. 


Legal. 

Contract. 

Penalty  for  Usury     Forfeiture   of. 

Alabama 

8 

8 

Excess 

Alaska 

8 

12 

Arizona 

6 

Any 

None 

Arkansas 

6 

10 

Principal  and  Interest 

California 

7 

Any 

None 

Colorado 

8 

Any 

None 

Connecticut 

6 

6 

None 

Delaware 

6 

6 

Principal  and  Interest 

District   of   Columbia 

6 

10 

Interest 

Florida 

8 

10 

Interest 

Georgia 

7 

8 

Excess 

Idaho 

7 

12 

Interest 

Illinois 

5 

7 

Interest 

Indiana 

6 

8 

Excess 

Iowa 

6 

8 

Excess 

Kansas 

6 

10 

Double  Excess 

Kentucky 

6 

6 

Excess 

Louisiana 

5 

8 

Interest 

Maine 

6 

Any 

None 

Maryland 

6 

6 

Excess 

Massachusetts 

6 

Any 

None 

Michigan 

5 

7 

Excess 

Minnesota 

6 

10 

Principal  and  Interest 

Mississippi 

6 

10 

Interest 

Missouri 

6 

8 

Interest 

Montana 

8 

Any 

None 

Nebraska 

7 

10 

Interest 

Nevada 

7 

Any 

None 

New  Hampshire 

6 

6 

Treble  Excess 

New  Jersey 

6 

6 

Interest 

New  Mexico 

6 

12 

Double  Interest 

New  York 

6 

6 

Principal  and  Interest 

North  Carolina 

6 

6 

Interest 

North  Dakota 

7 

12 

Interest 

Ohio 

6 

8 

Excess 

Oklahoma 

6 

10 

Interest 

Oregon 

6 

6 

Excess 

Pennsylvania 

6 

6 

Excess 

Rhode  Island 

6 

Any 

None 

South  Carolina 

7 

8 

Interest 

South  Dakota 

7 

12 

Double  Interest 

Tennessee 

6 

6 

Excess 

Texas 

6 

10 

Double  Excess 

Utah 

8 

12 

Principal  and  Interest 

Vermont 

6 

6 

Excess 

Virginia 

6 

6 

Interest 

Washington 

6 

12 

Double  Interest 

West  Virginia 

6 

6 

Excess 

Wisconsin 

6 

10 

Treble  Excess 

Wyoming 

8 

12 

Interest 

DIVORCE  LAWS.  37 

!  SYNOPSIS  OF  DIVORCE  LAWS. 

ALABAMA. 

Kesidence:  Three  years. 
Grounds: 

Impotency. 

Adultery. 

Abandonment  for  two  years. 

Imprisonment  for  two  years  or  sentence  for  seven  years  or  over. 

Crime  against  nature  before  or  after  marriage. 

Habitual  drunkenness  acquired  after  marriage. 
In  favor  of  wife: 

Habitual  drunkenness  at  time  of  marriage  if  not  known  to  her. 

Actual  violence,  attended  with  danger  to  life  or  health. 

Conduct  producing  reasonable  apprehension  of  such  violence. 

Habitual  use  of  opium,  morphine,  cocaine  and  like  drugs. 
In  favor  of  husband: 

Pregnancy  of  wife  at  time  of  marriage  with  her  knowledge  or  agency. 
Eemarriage:  After  time  for  appeal  elapsed. 

ALASKA. 

Annulment: 
PC-  Eesidence:  Two  years.  : 

^Kl^    Grounds: 
HK  Felony. 

^^B  Desertion — Two  years. 

^^K  Adultery. 

^V  Habitual  drunkenness — ^One  year. 

^^  Impotency  at  time  of  marriage. 

^■|  Cruel  and  inhuman  treatment. 

^H  Annulment : 
^^m     Former   marriage. 
^H     Want  of  age  or  understanding. 
^H     Force  or  fraud. 
^^^Eemarriage:  After   time   for   appeal   elapsed. 

ARIZONA. 

Kesidence:  State,  one  year;  county,  six  months. 
Grounds: 

Any  impediment  rendering  contract  void. 

Adultery, 

Physical  incompetency  continued  from  time  of  marriage  to  commencement  of 
suit. 

Conviction  and  imprisonment  for  felony  for  one  year,  where  neither  husband 
nor  wife  was  witness  against  the  other. 

Willful  desertion  for  one  year. 

Excesses,  cruel  treatment  or  outrages   toward  other  party. 


38 

Habitual    intemperance. 

Neglect  of  husband  to  provide  for  one  year. 

Conviction   of   felony   prior   to   marriage   without   knowledge   of   other   party 

at   time   of  marriage. 
Pregnancy  of  wife  at  time  of  marriage  by  other  than  husband. 

ARKA.]SrSAS. 

Eesidence:  One  year. 
Grounds: 

Impotency. 

Willful   desertion   for   one   year. 

Other  husband  or  wife  living  at  time  of  marriage. 

Conviction  of  felony  or  infamous  crime. 

Habitual  drunkenness — One  year. 

Physical  incapacity. 

Cruelty  or  barbarous  treatment. 

CAIiIFORNIA. 

Eesidence:  State,  one  year;  County,  ninety  days. 
Grounds: 

Cruelty. 

Desertion — One  year. 

Felony. 

Adultery. 

Willful  neglect — One  year. 

Habitual  drunkenness. 

COLORADO. 

Eesidence:  One  year. 
Gftounds: 

Desertion — One   year. 

Impotency  continuing  from  time  of  marriage  or  resulting  from  subsequent  im- 
moral or  criminal  conduct. 
Extreme  cruelty: 

Failure  to  provide — One  year. 
Habitual  drunkenness — One  year. 
Adultery. 

Felony  or  infamous  crime. 

Former  marriage  existing  at  time  of  marriage. 
Eemarriage:  One  year  after  date  of  decree. 

CONNECTICUT. 

Eesidence:  One  year. 
Grounds: 

Fraudulent  contract. 

Willful  desertion — Three  years  with  total  neglect  of  duty. 

Habitual  intemperance. 
Intolerable  cruelty: 

Imprisonment  for  life. 


DIVORCE  LAWS.  39 

Infamous  crime  involving  violation  of  conjugal  duty  and  punishable  by  im- 
prisonment in  state's  prison. 
Seven  years'  absence  without  being  heard  from. 
Adultery. 
Eemarriage:  No  restriction. 

DELAWARE. 
Eesideuce:  Two  years. 
Grounds: 

Desertion — Three  years. 
Habitual  drunkenness — Two  years. 
Extreme  cruelty: 

Impotency  at  time   of  marriage. 

Bigamy. 

Felony,  followed  by  continuous  imprisonment  for  two  years. 

Fraud  (at  discretion  of  court). 

Want  of  age  (discretionary). 

Neglect  to  provide — Three  years    (discretionary). 

Adultery. 

DISTRICT  OF  COLUMBIA. 

Residence:  Two  years,  where  cause  arose  out  of  district. 
Grounds: 

Adultery  (a  vinculo). 

Drunkenness    (a  mensa). 

Cruelty  (a  mensa). 

Desertion  (a  mensa). 
Annulment: 

Former  existing  marriage. 

Lunacy. 

Fraud. 

Coercion. 

Physical  incapacity. 

Want  of  age. 

Adultery. 
Eemarriage:  Permitted  to  innocent  party. 

FLORIDA. 

Residence:  Two  years,  except  for  adultery  within  the  state. 
Grounds: 

Extreme  Cruelty: 

Habitual   indulgence   in    violent    or   ungovernable    temper. 

Habitual  intemperance. 

Physical   incapacity. 

Desertion — One  year. 

Former  existing  marriage. 

Relationship  within  prohibited  degrees. 

Adultery. 

Divorce  obtained  by  defendant  in  another  county. 
Eemarriage:  No  restriction. 


40  hillyer's  legal  manual. 

GEORGIA. 

Residence:  One  year. 
Grounds: 

Mental  incapacity  at  time  of  marriage. 

Impotency  at  time  of  marriage. 

Desertion — Three  years. 

Conviction  of  offense  involving  moral  turpitude  and  sentence  for  two  years. 

Cruel  treatment. 

Habitual  intoxication. 

Force,  menace,  duress,  or  fraud  in  obtaining  marriage. 

Pregnancy  of  wife  by  other  than  husband  at  time  of  marriage. 

Relationship  within  prohibited  degrees. 

Adultery. 
Remarriage:  No  restriction. 

HAWAII. 

Residence:  Two  years. 
Grounds: 

Adultery. 

Desertion — One  year. 

Sentence  to  imprisonment  for  life  or  over  seven  years. 

Leprosy. 

Extreme  cruelty. 

Habitual  intemperance. 

Nonsupport   for   sixty   days. 
Annulment: 

Relationship  within  fourth   degree. 

Nonage. 

Prior  marriage  in  existence. 

Idiocy,  or  lunacy. 

Physical  incompetence. 

IDAHO. 
Residence:  One  year. 
Grounds : 

Extreme  cruelty. 

Desertion — One  year. 

Neglect — One  year. 

Habitual   drunkenness — One   year. 

Felony. 

Insanity  and  confinement  in  asylum  for  six  months. 

Adultery. 

ILLINOIS. 

Residence:  One  year,  except  where  offense  committed  within  the  State,  or  while 

party  resided  there. 
Grounds: 

Desertion — Two  years. 

Habitual   drunkenness — Two  years. 

Former   existing   marriage. 


I 


DIVORCE  LAWS.  41 

Extreme  and  repeated   cruelty: 

Felony  or  infamous  crime. 

Impotence. 

Malicious  attempt  on  life  of  other  party. 

Adultery. 
Eemarriage:     Permitted    after    one   year   from    date    of    decree — Two   years    to 

party  guilty  of  adultery. 

INDIANA. 

Kesidence:  State,  two  years;   County,  six  months. 
Grounds: 

Abandonment — Two  years. 

Cruelty  and  inhuman  treatment. 

Habitual  drunkenness. 

Failure  to  provide — Two  years. 

Conviction   of  infamous  crime. 

Impotency  at  time  of  marriage. 

Adultery. 

Desertion — Six  months  (temporary  separation). 

Habitual  cruelty   (temporary). 

Constant  strife  (temporary). 

Confirmed  use  of  drugs  (temporary). 

Neglect  of  conjugal  duty — Six  months  (temporary). 

IOWA. 

Kesidence:  One  year. 
Grounds: 

Desertion — Two  years. 
Felony. 

Habitual  drunkenness. 
Adultery. 

Inhuman  treatment. 

Pregnancy  of  wife  by  other  than  husband  at  time  of  marriage,  unless  hus- 
band has  illegitimate  child  or  children  living  of  which  wife  did  not  know 
at  time  of  marriage. 
Annulment: 

Insanity — At  time   of  marriage. 
Physical  incapacity — At  time  of  marriage. 
Former  existing  marriage — At   time   of  marriage. 
Consanguinity. 
Remarriage:  One  year  after  decree,  unless  otherwise  provided  therein. 

KANSAS. 

Residence:  One  year. 
Grounds: 

Adultery. 

Abandonment — One  year. 
Extreme   cruelty: 

Fraud. 

Habitual  drunkenness. 


42  hillyer's  legal  manual. 

Gross  neglect  of  duty. 
Felony  and  imprisonment  therefor. 
Impotency. 

Pregnancy  of  wife  by  other  than  husband  at  time  of  marriage. 
Former  existing  marriage. 
Annulment: 

Want  of  capacity  or  understanding. 

KENTUCKY. 

Residence:  One  year. 
Grounds: 

Living  in  adultery. 

Separation — ^Five  years. 

Desertion — One  year. 

Felony. 

Physical  incapacity. 

Loathsome  disease. 

Habitual  drunkenness — One  year. 

Habitual  cruel  behavior  of  husband  toward  wife  for  six  months. 

Force,  fraud  or  duress  in  obtaining  marriage. 

Joining  religious  sect  requiring  renunciation  of  marriage,   or  forbidding  co- 
habitation. 

Pregnancy  of  wife  by  other  than  husband  at  time  of  marriage. 

Subsequent  unchaste  behavior  of  wife. 

Attempted  injury  to  wife  indicating  ungovernable  temper  of  husband. 
Remarriage:  No  restriction. 

LOUISIANA. 

Residence:  No  requirement. 
Grounds : 

Adultery. 

Felony — Infamous  punishment. 

Habitual  drunkenness. 

Excesses. 

Cruelty  or  outrages. 

Public  defamation  of  other  party. 

Abandonment. 

Attempt  on  life  of  other  party. 

Fugitive  from  justice  for  infamous  offense. 
Remarriage:  No  restriction. 

MAINE. 

Residence:  One  year. 
Grounds: 

Adultery. 
Extreme  cruelty: 

Desertion — Three  years. 

Impotence. 

Habits  of  intoxication  by  liquor,  opium   or  other  drugs. 


DIVORCE   LAWS.  43 

Neglect  to  provide. 

Insanity  followed  by  confinement  in  asylum  for  fifteen  years. 
Eemarriage:  No  restriction. 

MARYLAND. 
Kesidence:     Two  years  for  cause  arising  out  of  state. 
Grounds: 

Adultery. 

Abandonment — Three   years. 

Unchastity  of  wife  before  marriage,  unknown  to  husband. 
Physical  incapacity. 

Any  cause  which  renders  marriage  null  and  void   ab  initio. 
Vicious  conduct   (a  mensa). 
Cruelty   (a  mensa). 
Abandonment   (a  mensa). 
Desertion  (a  mensa). 
Eemarriage:  No  restriction. 

MASSACHUSETTS. 
Eesidence:  Three  to  five  years. 
Grounds: 

Adultery. 
Cruelty. 

Desertion — three  years. 

Habitual  intoxication  by  liquor,  opium  or  drugs. 
Neglect  to  provide. 
Impotence. 

Sentence  to  imprisonment  for  five  years. 

Uniting  for  three  years  with  religious  sect  believing  marriage  unlawful  and 
refusing  to  cohabit. 
Eemarriage:  not  permitted  to  defendant  for  two  years. 

MICHIGAN. 

Eesidence:  One  year. 
Grounds: 

Adultery. 

Felony. 

Desertion — Two  years. 

Physical  incapacity  at  time  of  marriage. 

Habitual  drunkenness. 

Cruelty  (discretionary). 

Failure  to  provide  (discretionary). 

Imprisonment  for  life. 

Imprisonment  for  three  years  without  pardon. 

Obtaining  divorce  in  another  State. 
Eemarriage:  Not  permitted  to  guilty  party  within  two  years  from  decree. 

MINNESOTA. 

Eesidence:  One  year. 
Grounds: 

Adultery. 


44 

Desertion — One  year. 
Habitual  drunkenness — One  year. 
Cruelty. 
Irapotency. 

Imprisonment  in  state  prison  or  reformatory. 
CoHQUCt  rendering  it  unsafe  for  wife  to  cohabit  with  husband. 
Remarriage:  No  restriction. 

MISSISSIPPI. 
Eesidence:  One  year. 
Grounds: 

Adultery. 

Felony. 

Desertion — Two  years. 

Consanguinity — Marriage  within  prohibited  degrees. 

Physical  incapacity. 

Habitual  drunkenness  by  liquor,  opium  or  other  drugs. 

Cruelty. 

Insanity  or  idiocy  at  time  of  marriage. 

Former  existing  marriage. 

Pregnancy  of  wife  by  other  than  husband  at  time  of  marriage. 
Eemarriage:  No  restriction. 

MISSOURI. 

Residence:  One  year. 
Grounds: 

Adultery. 

Felony  or  infamous  crime. 

Absence — One  year. 

Habitual  drunkenness — One  year. 

Cruelty. 

Indignities  rendering  condition  intolerable. 

Vagrancy. 

Former  existing  marriage. 

Physical  incapacity. 

Conviction  of  felony  prior  to  marriage  unknown  to  other  party. 

Pregnancy  of  wife  by  other  than  husband  at  time  of  marriage. 
Remarriage:  No  restriction. 

MONTANA. 

Residence:  One  year. 
Grounds: 

Adultery. 
Extreme  cruelty: 

Desertion — One  year. 
Neglect — One  year. 
Habitual  intemperance — One  year. 
Felony. 
Remarriage:  Innocent  party  may  remarry  in  two  years;  guilty  party  in  three 
years. 


DIVORCE  LAWS.  45 

NEBRASKA. 

Residence:  One  year — Two  years  for  grounds  arising  out  of  State. 
Grounds: 

Adultery. 

Abandonment — Two  years. 

Habitual  drunkenness. 

Physical  incapacity. 

Felony. 

Failure  to  support. 

Cruelty. 

Sentence  to  imprisonment  for  three  years. 
Remarriage:  No  restriction. 

NEVADA. 

Residence:   Six  months. 
Grounds: 

Adultery. 

Desertion — One  year. 

Felony  or  infamous  crime. 

Habitual  drunkenness. 

Impotency. 
Extreme  cruelty: 

Neglect  to  provide — One  year. 
Remarriage:  No  restriction. 

NEW  HAMPSHIRE. 

Residence:  One  year. 
Grounds: 

Adultery. 

Cruelty. 

Imprisonment  for  more  than  one  year. 

Physical  incapacity. 

Absence — Three  years  without  being  heard  of. 

Habitual  drunkenness — Three  years. 

Failure  to  provide — Three  years. 

Treatment  endangering  health  or  reason. 

Union  with  sect  regarding  marriage  unlawful. 

Wife  separate  without  the  State  ten  years. 

Husband   absent   from   the   United   States   three   years   intending   to   become 
citizen  of  another  country  without  making  any  provision  for  wife's  sup- 
port. 
Remarriage:   No  restriction. 

NEW  JERSEY. 

Residence:  Two  years  (except  for  adultery). 
Grounds: 

Adultery  (a  vinculo). 
I         Desertion — two  years  (a  vinculo). 
Cruelty  (a  men^a). 


46  hillyer's  legal  manual. 

Annulment: 

Want  of  legal  age. 

Former  existing  marriage. 

Physical  incapacity. 

Consanguinity  within  prohibited  degrees. 

Idiocy. 
Bemarriage:  No  restriction. 

NEW  MEXICO. 

Residence:  One  year. 
Grounds: 

Adultery. 

Abandonment. 

Cruelty. 

Neglect  to  provide. 

Habitual  drunkenness. 

Imprisonment  for  felony. 

Impotency. 

Pregnancy  of  wife  by  other  than  husband  at  marriage. 
Remarriage:  No  restriction. 

NEW  YORK. 

Residence:  Two  years. 
Grounds: 

Adultery. 
Annulment: 

Want  of  age. 

Former  marriage. 

Idiocy. 

Lunacy. 

Force,  duress,  fraud. 

Physical  incapacity. 
Remarriage:  Permitted  to  defendant  after  five  years  with  permission  of  court. 

NORTH  CAROLINA. 

Residence:  No  requirement. 
Grounds: 

Adultery  by  either  party. 

Fornication  by  husband. 

Pregnancy  of  wife  by  other  than  husband  at  marriage. 

Physical  incapacity. 

Separation  for  ten  years  and  there  being  no  issue. 

Abandonment  (a  mensa). 

Turning  other  party  out  of  doors  (a  mensa). 

Cruel  or  barbarous  treatment  endangering  life  of  other  (a  mensa). 

Indignities  rendering  condition  intolerable  (a  mensa). 

Habitual  drunkenness  (a  mensa). 
Remarriage:  No  restriction. 


DIVORCE  LAWS.  47 

NORTH  DAKOTA. 

Residence:  One  year. 
Grounds: 

Adultery. 

Cruelty. 

Desertion — One  year. 

Neglect — ^One  year. 

Habitual  drunkenness — One  year. 

Felony. 
Annulment: 

Former  existing  marriage. 

Insanity  at  time  of  marriage. 

Physical  incapacity  at  time  of  marriage. 

Force  or  fraud  in  inducing  marriage. 

Want  of  age. 

OHIO. 
Residence:   One  year. 
Grounds: 

Adultery. 

Absence — Three  years. 

Cruelty. 

Fraudulent  contract. 

Gross  neglect  of  duty — Three  years. 

Habitual  drunkenness — Three  years. 

Imprisonment  in  penitentiary. 

Former  existing  marriage. 

Procurement  of  divorce  without  the  state  by  one  party  which  continues  mar- 
riage binding  upon  other  party. 

Physical  incapacity. 
Eemarriage:  No  restriction. 

OKLAHOMA. 
Residence:   One  year. 
Grounds: 

Adultery. 

Abandonment — One  year. 

Cruelty. 

Fraud. 

Habitual  drunkenness. 

Conviction  of  felony  and  imprisonment  subsequent  to  marriage. 

Gross  neglect  of  duty. 

Physical  incapacity. 

Former  existing  marriage. 

Pregnancy  of  wife  by  other  than  husband  at  time  of  marriage. 
Remarriage:  No  restriction. 

OREGON. 
Residence:  One  year. 
Grounds: 

Adultery. 


48  hillyer's  legal  manual. 

Felony. 

Habitual  drunkenness — One  year. 
Physical  incapacity. 
Desertion — One  year. 

Cruelty  or  personal  indignities  rendering  life  burdensome. 
Remarriage:  No  restriction. 

PENNSYLVANIA. 

Residence:  One  year,  except  for  divorce  (a  mensa). 
Grounds: 

Adultery. 

Former  existing  marriage. 

Desertion — Two  years. 

Personal  abuse  or  conduct  rendering  life  burdensome. 

Certain  felonies. 

Fraud,  force  or  coercion. 

Relationship  within  probihited  degrees. 

Physical  incapacity. 

Lunacy. 

Adultery  (a  mensa). 

Abandonment  (a  mensa). 

Turning  wife  out  of  doors  or  compelling  her  to  withdraw  from  house  (a  mensa). 
Remarriage:  No    restriction    except    that    adulterous    party    cannot    marry    co- 
respondent. , 

RHODE  ISLAND. 

Kesidence:  Two  years. 
Grounds: 

Adultery. 

Cruelty. 

Desertion — Five  years  or  (discretionary)  less. 

Habitual  drunkenness. 

Excessive  use  of  morphine,  chloral  or  opium. 

Neglect  to  provide — One  year. 

Gross  misbehavior  repugnant  to  marriage  covenant. 

Living  separate  ten  years. 

Physical  incapacity. 

Civil  death  for  crime  or  absence. 
Annulment: 

For  causes  rendering  marriage  originally  void  or  voidable. 
Remarriage:  No  restriction. 

SOUTH  CAROLINA. 

No  divorce  law. 

SOUTH  DAKOTA. 

Residence:  Six  mouths — One  year  for  causes  arising  out  of  the  state. 
Grounds: 

Adultery. 

Cruelty. 


DIVORCE  LAWS.  49 

Desertion — One  year. 

Neglect — One  year. 

Habitual  drunkenness — One  year. 

Felony. 
Annulment: 

Want  of  age. 

Former  existing  marriage. 

Insanity  at  time  of  marriage. 

Physical  incapacity  at  time  of  marriage. 

Force  or  fraud  inducing  marriage. 
Remarriage:  No  restriction. 

TENNESSEE. 

Residence:  Two  years  for  causes  arising  out  of  state. 
Grounds: 

Adultery. 

Former  existing  marriage. 

Desertion — Two  years. 

Felony  or  infamous  crime. 

Physical  incapacity. 

Attempt  on  life  of  other  party  by  poison  or  other  means  showing  malice. 

Refusal  of  wife  to  live  with  husband  in  the  state  and  absenting  herself  two 
years. 

Pregnancy  of  wife  by  other  than  husband  at  marriage. 

Cruelty  (discretionary). 

Indignities  (discretionary). 

Abandonment  (discretionary). 

Neglect  to  provide   (discretionary). 

Habitual  drunkenness   (discretionary). 
Remarriage:  No  restriction. 

TEXAS. 

Residence:  Six  months  in  State  and  County. 
Grounds: 

Adultery. 

Abandonment — Three  years. 

Physical  incapacity. 

Cruelty. 

Excess. 

Outrages  rendering  life  insupportable. 

Felony  and  imprisonment  therefor. 
Remarriage:   No  restriction. 


Residence:   One  year. 
Grounds: 

Adultery. 

Desertion — One  year. 

Physical  incapacity. 
4 


UTAH. 


50  hillyer's  legal  manual. 

Habitual  drunkenness. 
Felony. 
Cruelty. 

Permanent  insanity  after  five  years. 
Neglect  to  provide. 
.  Eemarriage:  No  restriction. 

VERMONT. 

Eesidence:  One  year,  certain  causes  arising  out  of  state — Two  years. 
Grounds: 

Adultery. 

Imprisonment — ^Three  years. 

Intolerable  severity. 

Desertion — Three  years. 

Neglect  to  provide. 

Absence  seven  years  without  being  heard  frofti. 
Remarriage:  Forbidden  to  defendant  for  three  years. 

VIRGINIA. 

Residence:  One  year. 
Grounds: 

Adultery. 

Insanity  at  marriage. 

Felony. 

Desertion — Three  years. 

Fugitive  from  justice — Two  years. 

Pregnancy  of  wife  by  other  than  husband  at  marriage. 

Wife  a  prostitute  prior  to  marriage  without  knowledge  of  husband. 

Either  party  convicted  of  infamous  offense  before  marriage  unknown  to  other. 

Physical  incapacity. 
Remarriage:  No  restriction. 

WASHINGTON. 

Residence:  One  year. 
Grounds: 

Adultery. 

Abandonment — One  year. 

Fraud  or  force. 

Habitual  drunkenness. 

Refusal  to  provide. 

Imprisonment  in  penitentiary 

Physical  incapacity. 

Incurable  insanity  which  has  existed  for  ten  years. 

Cruelty. 

Indignities  rendering  life  burdensome. 

Other  cause  deemed  sufficient  by  the  court. 
Remarriage:  Forbidden  to  either  party  within  six  months. 


I 


DIVORCE  LAWS.  51 

WEST  VIRGINIA. 

Residence:  One  year. 
Grounds: 

Adultery. 

Desertion — Three  years. 

Sentence  to  confinement  in  penitentiary. 

Physical  incapacity. 

Pregnancy  of  wife  by  other  than  husband  at  marriage. 

Husband  a  licentious  character  or  wife  a  prostitute  unknown  to  other  party. 

Either  party  convicted  of  felony  before  marriage  unknown  to  other. 
Annulment: 

Former  existing  marriage. 

Consanguinity. 

Insanity  at  time  of  marriage. 

Physical  incapacity  at  time  of  marriage. 

Miscegenation. 

Want  of  age. 
Eemarriage:  No  restriction. 

WISCONSIN. 
Eesidence:  Two  years,  except  for  bigamy  or  adultery. 
Grounds: 

Adultery. 

Felony  with  imprisonment — Three  years. 

Desertion — One  year. 

Cruelty. 

Physical  incapacity. 

Habitual  drunkenness — One  year. 

Separation — Five  years. 

Cruelty  (discretionary). 

Neglect  to  provide  (discretionary), 
Annulment: 

Want  of  age  or  understanding. 

Consanguinity. 

Force  or  fraud  in  inducing  marriage. 

Incurable  impotence. 

Insanity. 
Eemarriage:  Prohibited  for  one  year  after  entry  of  judgment. 

WYOMING. 

Residence:  One  year. 
Grounds : 

Adultery. 

Felony  and  sentence  thereon. 

Desertion — One  year. 

Habitual  drunkenness. 

Conviction  of  felony  or  infamous  crime  prior  to  marriage  without  knowledge 
on  the  part  of  plaintiff. 

Cruelty. 


52 


HILLYER^S  LEGAL   MANUAL. 


Neglect  to  provide — One  year. 

Husband  a  vagrant. 

Physical  incapacity. 

Indignities  rendering  condition  intolerable. 

Pregnancy  of  wife  by  other  than  husband  at  marriage. 
Annulment: 

Want  of  age. 

Force. 

Fraud. 
Remarriage:  No  restriction. 


CALIFORNIA  CORPORATION  FEES  AND  TAXES. 


Capitalization 

not  Exoeeding. 

$10,000... 

20,000... 

25,000... 

50,000... 

75,000.  . . 

100,000.  .  . 

200,000 .  .  . 

250,000 .  . . 

500,000 .  . . 

1,000,000... 

2,000,000... 

5,000,000. 


DOMESTIC. 


Orgsaniaation.      Annual. 


$15, 

15. 

15. 

25. 

25. 

50. 

50. 

75. 

75. 
100. 
200. 
500. 


.$10. 
.15. 
.20. 
.20. 
.25. 
.25. 
.50. 
.50. 
.75. 
100. 
,100. 
200. 


FOREIGN. 

Entrance. 

Annu 

$15.. 

...$10 

15 .  . , 

,...15 

15... 

...20 

25... 

,...20 

25... 

....25 

50... 

...25 

50.  .  . 

...50 

75... 

...50 

75... 

...75 

100... 

,..100 

200... 

, . . 100 

500... 

..200 

over  5,000,000  $50  for  each  $500,000 250 $50  for  each  $500,000 250 

NOTE.— No  annual  license  tax  after  July  1,  1914. 


MINIMUM  CAPITALIZATION. 

BANKS. 

Commercial, 

Commer-  Commer-                          Savings 

Population                                                                   cial  and  cial  and  Savings         and 

Over      not  Over.    Commercial.    Savings.       Trust.        Savings.  Trust.  and  Trust.      Trust. 

—               5,000        25,000       25,000      100,000        25,000  125,000  125,000     125,000 

5,000       25,000        50,000        50,000      100,000        50,000  150,000  150,000      150,000 

25,000     100,000     100,000     100,000     100,000     100,000  200,000  200,000     200,000 

100,000     200,000      200,000      200,000     200,000      200,000  400,000  400,000     400,000 

200,000                       300,000     300,000     200,000     300,000  500,000  500,000     500,000 

INSURANCE  COMPANIES. 

1.  Life    200,000 

2.  Fire    200,000 

3.  Marine    200,000 

4.  Title    100,000 

5.  Fidelity  and  surety   100,000 

6.  Accident  and  health   100,000 

7.  Plate  glass    100,000 

8.  Liability    100,000 

9.  Boiler  and  machinery   100,000 


CALIFORNIA  CORPORATION  FEES — CAPITALIZATION.  53 

10.  Burglary    . 100,000 

11.  Credit    100,000 

12.  Sprinkler    100,000 

13.  Team  and  vehicle  100,000 

14.  Automobile  100,000 

15.  Mortgage    100,000 

16.  Miscellaneous    100,000 

Life  and    200,000  and 

Health  and  accident   50,000  additional 

Liability    50,000  " 

Fire  and    200,000  and 

Marine    200,000  additional 

Boiler  and  machinery 50,000  *' 

Sprinkler    50,000 

Automobile 50,000  " 

Miscellaneous    50,000  " 

Marine  and 200,000  and 

Fire    200,000  additional 

Team  and  vehicle 50,000 

Automobile   50,000 

Miscellaneous    50,000         " 

All  Insurance  Companies  (except  Life,  Fire,  Marine,  Title 

and  Mortgage) 50,000  and 

Fidelity  and  surety    50,000  additional 

Accident  and  health    50,000  " 

Plate  glass    50,000         " 

Liability    50,000  " 

Boiler  and  machinery 50,000  " 

Burglary 50,000 

Credit    50,000 

Sprinkler    50,000 

Team  and  vehicle   50,000 

Automobile    50,000  " 

Miscellaneous  50,000         " 


54 


HILLYER'S  LEGAL  MANUAL. 


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-  26 


ORIGINAL  LICENSE  AND  ANNUAL  TAXES — FOREIGN. 


57 


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58 


hillyer's  legal  manual. 


TAX     ON     NONRESIDENT     STOCKHOLDERS   AND 
STOCKS    OF    FOREIGN    CORPORATIONS. 


(From  Bancroft's  Inl 

leritance  Taxes 

3  for  Inv 

estors.) 

Are    shares 

ot    non- 

Is  tax   claimed   on    stock 

residents 

in     local 

of   foreign   corporation 

corporations  subject 

owning     property      in 

State. 

to  tax. 

State. 

Alabama 

No 

No 

Arizona 

No 

No 

Arkansas 

Yes 

A 

California  (D) 

Yes 

A 

Colorado  (D,  E) 

Yes 

A 

Connecticut  (D) 

Yes 

No 

Delaware 

No 

A 

Florida 

No 

No 

Georgia 

No 

No 

Idaho 

No   (C) 

A 

Illinois 

Yes 

Yes 

Indiana 

No 

No 

Iowa 

Yes 

Yes 

Kansas   (D,  E) 

Yes 

Yes 

Kentucky  (D) 

Yes 

Yes 

Louisiana 

Yes 

A 

Maine  (D) 

Yes 

A 

Maryland 

No 

No 

Massachusetts  (D) 

Yes 

No 

Michigan  (D,  E) 

Yes 

No 

Minnesota  (D) 

Yes 

No 

Missouri  (D) 

Yes 

Yes 

Mississippi 

No 

No 

Montana  (D) 

No 

(B) 

Yes 

Nebraska  (D) 

No 

(C) 

A 

Nevada 

No 

No 

New  Hampshire  (D,  E) 

Yes 

Yes 

New  Mexico 

No 

No 

New  Jersey  (D) 

Yes 

A 

New  York  (D) 

Yes 

No 

North  Carolina  (D) 

Yes 

A 

North  Dakota 

No 

(B) 

A 

Ohio 

No 

(B) 

No 

Oklahoma  (D,  E) 

Yes 

A 

Oregon  (D) 

No 

(B) 

No 

Pennsylvania  (D) 

No 

No 

Ehode  Island 

No 

No 

South  Carolina 

No 

No 

South  Dakota  (D) 

No 

(B) 

No 

Tennessee  (D) 

No 

(C) 

A 

Texas 

No 

(B) 

A 

Utah  (D) 

Yes 

A 

Vermont  (D,  E) 

Yes 

Yes 

Virginia 

No 

A 

Washington  (D) 

Yes 

Yes 

West  Virginia  (D) 

Yes 

No 

Wisconsin  (D) 

Yes 

Yes 

Wyoming  (D) 

No 

(B) 

A 

(A)  This  question  does  not  seem  to  have  been  raised  or  passed  upon. 

(B)  Under  substantially  similar  laws,  other  states  are  taxing  such  stock.  In  the  states 
so  marked,  however,  no  claim  is  made  for  such  a  tax,  or  else  there  is  no  effective  method 
provided  for  collecting  it. 

(0)  In  the  states  so  marked  it  was  apparently  the  opinion  of  their  tax  officials  in  1910 
that  they  were  not  entitled  to  collect  such  a  tax,  and  we  do  not  know  that  the  law  is  now 
being  construed  differently.  Their  laws,  however,  are  practically  identical  with  the  laws  of 
states  which  claim  this  tax  and  moreover  contain  a  provision  for  enforcing  its  collection. 

(D)  In  states  so  marked  a  corporation  transferring  stock  or  delivering  securities  is 
held  responsible  itself,  if  the  inheritance  tax  has  not  been  paid. 

(E)  These  states  also  tax  registered  bonds  of  local  corporations  owned  by  nonresidents. 


TAXES  ON   STOCKHOLDERS INHERITANCE   TAX.  59 

INHERITANCE  TAX  ACT  OP  1893. 

APPLICABLE  WHERE  DECEDENT  DIED  PRIOR  TO  JULY  1,  1905. 

The  original  tax  on  collateral  inheritance  was  by  statute  approved 
March  23,  1893  (Stats.  1893,  p.  193),  and  in  effect  sixty  days  thereafter. 
The  amount  of  the  tax  was  5%,  and  the  following  were  exempted  from 
taxation : 

''Father,  mother,  husband,  wife,  lawful  issue,  brother,  sister,  the  wife 
or  widow  of  a  son,  or  the  husband  of  a  daughter,  or  any  child  or  chil- 
dren adopted  as  such  in  conformity  with  the  laws  of  the  State  of  Cali- 
fornia, and  any  lineal  descendant  of  such  decedent  born  in  lawful 
wedlock,  or  the  societies,  corporations,  and  institutions  now  exempted 
by  law  from  taxation." 

No  estate  valued  at  less  than  $500  was  subject  to  taxation.  Taxa- 
tions are  payable  under  this  act  on  the  estates  of  all  persons  who  died 
from  the  time  when  the  act  went  into  eff'ect  down  to  the  first  dav  of 
July,  1905. 

By  amendment  approved  March  9,  1897  (Stats.  1897,  p.  77),  the 
exemptions  were  extended  to  the  following: 

''Niece  or  nephew  when  a  resident  of  this  State,  or  to  any  public 
corporation,  or  to  any  society,  corporation,  institution,  or  association 
of  persons  engaged  in  or  devoted  to  any  charitable,  benevolent,  educa- 
tional, public,  or  other  like  work  (pecuniary  profit  not  being  its  object 
or  purpose),  or  to  any  person,  society,  corporation,  institution,  or  asso- 
ciation of  persons  in  trust  for  or  to  be  devoted  to  any  charitable,  benev- 
olent, educational,  or  public  purpose." 

By  amendment  effective  March  14,  1899  (Stats.  1899,  p.  101),  broth- 
ers, sisters,  nieces  and  nephews  were  deprived  of  the  benefit  of  the 
exemption. 

By  the  amendment  of  1903,  effective  March  20,  1903  (Stats.  1903, 
p.  268),  the  exemption  was  extended  to  any  person  to  whom  the  de- 
ceased for  not  less  than  ten  years  prior  to  death  stood  in  the  mutually 
acknowledged  relationship  of  a  parent,  and  to  lineal  ancestors. 


60 


hillyer's  legal  manual. 


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INHERITANCE  TAXES 1905,   1911,   1913. 


61 


INHERITANCE  TAX  TABLE— 1913. 

APPLICABLE  WHERE  DECEDENT  DIED  AFTER  AUGUST  10,  1913. 

Percent     Percent  Percent      Percent  Percent 

Per  cent        added  added  added  added  added  Per  cent 

Person  Taking.                                              Exempt.  of  first           over  over  over  over  over  added 

$25,000      $25,000        $50,000  $100,000     $250,000  $500,000  over 

less  ex-          up  to  up  to  up  to  up  to  up  to        $1,000,000 

emption.    $50,000.     $100,000.  $250,000.    $500,000.    $1,000,000. 

Adopted  child— Major 10,000  1                2  3  4  5  7  V.  10 

Adopted  child— Minor 24,000  1                 2  3  4  5  TVj  10 

Ancestor  of  deceased 10,000  1                2  3  4  5  7Vj  10 

Association  charitable* all 

Association,  exempt  by  law* all 

Association,  trustee* ' all 

Aunt 1,500  3                 6  9  12  15  ITV,  20 

Aunt's  descendant   1,500  3                 6  9  12  15  17%  20 

Benevolent  association all 

Body  corporate 500  5              10  15  20  25  27  Vj  30 

Body  exempt  by  law all 

Body  politic    500  5               10  15  20  2.5  27 Vj  30 

Brother  2,000  2                 4  6  8  10  12  Vj  15 

Charitable  association* all 

Child— Major   10,000  12  3  4  5  7%  10 

Child— Minor 24,000  1                 2  3  4  5  7V2  10 

Child- to  whom  decedent  stood  in  Joco  por-24,000  1                2  3  4  5  7%  10 

entis — Minor ; 

Child  to  whom  decedent  stood  in  loco  par- 
entis—Major  10,000  1                2  3  4  5  7%  10 

Collateral  kindred  not  otherwise  specified,.      500  5              10  15  20  25  271/2  30 

Corporation — Charitable* all 

Corporation,  exempt  from  taxation  by  law*    all 
Corporation,  trustee     for    charitable     pur- 
poses*     

Cousin,  descended  from  uncle  or  aunt 1,500  3                6  9  12  15  I7V2  20 

Cousin      descended      from      grandfather's 
brother  or  sister,  or  grandmother's  sister 

or  brother   1,000  4                8  12  16  20  22%  25 

Daughter— Major   10,000  1                 2  3  4  5  7%  10 

Daughter— Minor   24,000  1                 2  3  4  5  71/2  10 

Daughter  in  law 2,000  2                 4  6  8  10  12%  15 

Descendant  of  decedent 10,000  12  3  4  5  7%  10 

Descendant  of  brother 2,000  2                 4  6  8  10  12%  io 

Descendant  of  sister   2,000  2                4  6  8  10  12%  15 

Educational  association*   all 

Father 10,000  1                2  3  4  5  7%  10 

Grandchild   • 10,000  1                 2  3  4  5  7%  10 

Grandfather 10,000  12  3  4  5  7%  10 

Giandfather's  brother 1,000  4                 8  12  16  20  22%  25 

Grandfather's  brother's  descendant    1,000  4                 8  12  16  20  22%  25 

Grandfather's  sister 1,000  4                 8  12  16  20  22%  25 

Grandfather's  sister's  descendant 1,000  4                 8  12  16  20  22%  2.5 

Grandmother   10,000  1                 2  3  4  5  7%  10 

Grandmother's  brother 1,000  4                 8  12  16  20  22%  25 

Grandmother's  brother's  descendant 1,000  4                 8-  12  16  20  22%  25 

Grandmother's  sister 1,000  4                 8  12  16  20  22%  25 

Grandmother's  sister's  descendant 1,000  4                 8  13  16  20  22%  25 

Great  aunt  1,000  4                 8  12  16  20  22%  25 

Greatgrandchild    10,000  12  3  4  5  7%  10 

Great  grandparent 10,000  1                 2  3  4  a  7%  10 

Great  uncle   1,000  4                 8  12  16  20  22%  25 

Husband 10,000  1                 2  3  4  5  7%  10 

Institution — Charitable    all 

Institution,  exempt  by  law all 

Institution,  trustee    all 

Mother    10,000  1                2  3  4  5  7%  10 

Niece 2,000  2                 4  6  8  10  12%  15 

Nephew    2,000  2                 4  6  8  10  12%  15 

Sister 2,000  2                 4  6  8  10  12%  15 

Society — charitable*    all 

Society,  exempt  by  law* all 

Society,  trustee*    all 

Son— Major    10,000  12  3  4  5  7%  10 

Son— Minor   24,000  1                 2  3  4  5  7%  10 

Stranger   500  5               10  15  20  25  27%  30 

Trustee  for  charitable  purposes* all 

Uncle ],.500  3                 6  9  12  15  17%  20 

Uncle's  descendant 1 ,500  3                 6  9  12  '1  17'/.  20 

Wife 24,000  12  3  4  5  7%  10 

^Exemptions  from  Taxation. — The  following  exemptions  from  the  tax  are  allowed:  (1)  All  proi>orty  transferred  to  socie- 
lies,  corporations,  and  institutions  now  or  hereafter  exempted  by  law  from  taxation,  or  to  any  public  corporation,  or  to 
any  society,  corporation,  institution,  or  association  of  persons  engaged  in  or  devoted  to  any  charitable,  benevolent,  educa- 
tional, public  or  other  like  work  (pecuniary  profit  not  being  its  object  or  purpose),  or  to  any  person,  society,  corpora- 
tion, institution,  or  association  of  persons  in  trust  for  or  to  be  devoted  to  any  cliaritablo.  benevolent,  educational,  or 
public  purpose,  by  reason  whereof  any  such  j>erson  or  corporation  shall  become  beneficially  entitled,  in  possession  or  ex- 
pectancy, to  any  such  property  or  to  the  income  thereof  shall  be  exempt. 


62  hillyer's  legal  manual. 


INHERITANCE  TAX    ACT  OF  1913. 

§  1.  (a)  Inheritance  Tax  Act.— This  act  shall  be  known  as  the 
"Inheritance  Tax  Act." 

(b)  Estate— Property.— The  words  "estate"  and  "property"  as 
nsed  in  this  act  shall  be  taken  to  mean  the  real  and  personal  property 
or  interest  therein  of  the  testator,  intestate,  grantor,  bargainor, 
vendor,  or  donor  passing  or  transferred  to  individual  legatees,  dev- 
isees, heir  next  of  kin,  grantees,  donees,  vendees,  or  successors,  and 
shall  include  all  personal  property  within  or  without  the  State. 

(c)  Transfer. — The  word  "transfer"  as  used  in  this  act  shall  be 
taken  to  include  the  passing  of  property  or  any  interest  therein,  in 
possession  or  enjoyment,  present  or  future,  by  inheritance,  descent, 
devise,  succession,  bequest,  grant,  deed,  bargain,  sale,  gift,  or  appoint- 
ment in  the  manner  herein  described. 

(d)  Decedent. — The  word  "decedent"  as  used  in  this  act  shall  in- 
clude the  testator,  intestate,  grantor,  bargainor,  vendor,  or  donor. 

(e)  County  Treasurer — District  Attorney. — The  words  "county 
treasurer"  and  "district  attorney"  and  "inheritance  tax  appraiser," 
as  used  in  this  act,  shall  be  taken  to  mean  the  treasurer  or  the  district 
attorney  or  the  inheritance  tax  appraiser  of  the  county  of  the  superior 
court  having  jurisdiction,  as  provided  in  section  15  of  this  act. 

(f)  Contemplation  of  Death. — The  words  "contemplation  of 
death,"  as  used  in  this  act,  shall  be  taken  to  include  that  expectancy 
of  death  which  actuates  the  mind  of  a  person  on  the  execution  of  his 
will,  and  in  nowise  shall  said  words  be  limited  and  restricted  to  that 
expectancy  of  death  which  actuates  the  mind  of  a  person  in  making  a 
gift  causa  mortis;  and  it  is  hereby  declared  to  be  the  intent  and  pur- 
pose of  this  act  to  tax  any  and  all  transfers  which  are  made  in  lieu  of 
or  to  avoid  the  passing  of  property  transferred  by  testator  or  intestate 
laws. 

§  2.  Tax  Imposed  upon  Transfer. — A  tax  shall  be  and  is  hereby  im- 
posed upon  the  transfer  of  an}^  property,  real,  personal  or  mixed,  or  of 
any  interest  therein  or  income  therefrom  in  trust  or  otherwise,  to  per- 
sons, institutions  or  corporations,  not  hereinafter  exempted,  to  be  paid 
to  the  treasurer  of  the  proper  county,  as  hereinafter  directed,  for  the 
use  of  the  State,  in  the  following  cases: 

(1)  Transfer  by  Resident. — When  the  transfer  is  by  will  or  by  the 
intestate  or  homestead  laws  of  this  State,  from  any  person  dying  seised 
or  possessed  of  the  property  while  a  resident  of  the  State,  or  by  any 
probate  homestead  set  apart  from  said  property. 

(2)  Transfer  by  Nonresident. — When  the  transfer  is  by  will  or  in- 
testate laws  of  property  within  this  State,  and  the  decedent  was  a  non- 
resident of  the  State  at  the  time  of  his  death. 

(3)  Transfer  in  Contemplation  of  Death. — When  the  transfer  is  of 
property    made    by    a    resident,    or    a    nonresident    when    such    non- 


INHERITANCE  TAX  ACT   OF  1913.  -  63 

resident's  property  is  within  this  State,  by  deed,  grant,  bargain,  sale, 
assignment  or  gift,  made  without  valuable  and  adequate  consideration 
in  contemplation  of  the  death  of  the  grantor,  vendor,  assignor  or  donor, 
or  intended  to  take  effect  in  possession  or  enjoyment  at  or  after  such 
death.  "When  such  person,  institution  or  corporation  becomes  ben- 
eficially entitled  in  possession  or  expectancy  to  any  property  or  the 
income  therefrom,  by  any  such  transfer,  whether  made  before  or  after 
the  passage  of  this  act. 

§  3.  (a)  Gift  of  Power  of  Appointment. — Whenever  any  person 
or  corporation  shall  be  given  a  power  of  appointment  by  virtue  of  any 
disposition  of  property  made  before  or  after  the  passage  of  this  act, 
such  gift  of  power  of  appointment  shall,  under  the  provisions  of  this 
act,  be  deemed  a  transfer  made  from  the  donor  of  said  power  to  the 
donee  thereof  and  taxable  upon  said  donor's  death. 

(b)  Bequest  or  Devise  in  Lieu  of  Commissions  or  Allowances. — 
Whenever  a  decedent  appoints  or  names  one  or  more  executors  or 
trustees,  and  makes  a  bequest  or  devise  of  property  to  them  in  lieu  of 
commissions  or  allowances,  which  otherwise  would  be  liable  to  said 
tax,  or  appoints  them  his  residuary  legatees,  and  said  bequest,  devise, 
or  residuary  legacies  exceeds  what  would  be  a  reasonable  compensa- 
tion for  their  services,  such  excess  over  and  above  the  exemptions 
herein  provided  for  shall  be  liable  to  said  tax;  and  the  superior  court 
in  which  the  probate  proceedings  are  pending  shall  fix  the  compensa- 
tion. 

(c)  Property  Transferred  Subject  to  Charge. — Where  any  prop- 
erty shall,  after  the  passage  of  this  act,  be  transferred  subject  to  any 
charge,  estate  or  interest,  determinable  by  the  death  of  any  person,  or 
at  any  period  ascertainable  only  by  reference  to  death,  the  increase 
accruing  to  any  person  or  corporation  upon  the  extinction  or  deter- 
mination of  such  charge,  estate  or  interest,  shall  be  deemed  a  transfer 
of  property  taxable  under  the  provisions  of  this  act  in  the  same  man- 
ner as  though  the  person  or  corporation  beneficially  entitled  thereto 
had  then  acquired  such  increase  from  the  person  from  whom  the  title 
to  their  respective  estates  or  interests  is  derived. 

§  4.  Lien^Limitation. — Such  taxes  shall  be  and  remain  a  lien  upon 
the  property  passed  or  transferred  until  paid,  and  the  person  to  whom 
the  property  passes  or  is  transferred,  and  all  administrators,  executors 
and  trustees  of  every  estate  so  transferred  or  passed,  shall  be  liable 
for  any  and  all  such  taxes  until  the  same  shall  have  been  paid  as  here- 
inafter directed.  The  provisions  of  the  Code  of  Civil  Procedure,  rel- 
ative to  the  limitation  of  time  of  enforcing  a  civil  remedy  shall  not 
apply  to  any  proceeding  or  action  taken  to  levy,  appraise,  assess,  deter- 
mine, or  enforce  the  collection  of  any  tax  or  penalty  prescribed  by  this 
article,  and  this  section  shall  be  construed  as  having  been  in  effect  as 
of  date  of  the  original  enactment  of  the  inheritance  tax  law;  provided, 
that  unless  sued  for  within  five  years  after  they  are  due  and  legally 
demandable,  such  taxes,  or  any  taxes  accruing  under  any  act  herein 


64  -  hillyer's  legal  manual. 

repealed,  shall  cease  to  be  a  lien  as  against  any  hona  fide  purchaser  of 
real  property;  and  provided,  that  no  such  lien  shall  cease  within  five 
years  from  the  date  of  the  passage  of  this  act.  The  tax  so  imposed 
shall  be  upon  the  market  value  of  such  property  at  the  rates  herein- 
after prescribed  and  only  upon  the  excess  over  the  exemptions  herein- 
after granted ;  and  provided,  that  in  determining  said  market  value  no 
deduction  shall  be  made  for  any  family  allowance  made  out  of  said 
estate. 

§  5.  Primary  Rates. — When  the  property  or  any  beneficial  interest 
therein  so  passed  or  transferred  exceeds  in  value  the  exemption  here- 
inafter specified  and  shall  not  exceed  in  value  twenty-five  thousand 
dollars,  the  tax  hereby  imposed  shall  be : 

(1)  Husband,  Wife,  Lineal  Issue,  Lineal  Ancestor,  or  Child 
Adopted  or  Mutually  Acknowledged. — Where  the  person  or  persons 
entitled  to  any  beneficial  interest  in  such  property  shall  be  the  hus- 
band, wife,  lineal  issue,  lineal  ancestor  of  the  decedent  or  any  child 
adopted  as  such  in  conformity  with  the  laws  of  this  State,  or  any  child 
to  whom  such  decedent  for  not  less  than  ten  years  prior  to  such  trans- 
fer stood  in  the  mutually  acknowledged  relation  of  a  parent  (provided, 
however,  such  relationship  began  at  or  before  the  child's  fifteenth 
birthday,  and  was  continuous  for  said  ten  years  thereafter),  or  any 
lineal  issue  of  such  adopted  or  mutually  acknowledged  child,  at  the 
rate  of  one  per  centum  of  clear  value  of  such  interest  in  such  property. 

(2)  Brother,  Sister,  Niece,  Nephew,  Son  in  Law,  Daughter  in  Law. — 

Where  the  person  or  persons  entitled  to  any  beneficial  interest  in  such 
property  shall  be  the  brother  or  sister  or  a  descendant  of  a  brother  or 
sister  of  a  decedent,  a  wife  or  widow  or  son,  or  the  husband  of  a 
daughter  of  the  decedent,  at  the  rate  of  two  per  centum  of  the  clear 
value  of  such  interests  in  such  property. 

(3)  Uncle,  Aunt,  and  Their  Descendants. — Where  the  person  or 
persons  entitled  to  any  beneficial  interest  in  such  property  shall  be  the 
brother  or  sister  of  the  father  or  mother  or  a  descendant  of  a  brother 
or  sister  of  the  father  or  mother  of  the  decedent,  at  the  rate  of  three  per 
centum  of  the  clear  value  of  such  interest  in  such  property. 

(4)  Great-uncle,  Great-aunt  and  Their  Descendants. — Where  the 
person  or  persons  entitled  to  any  beneficial  interest  in  such  property 
shall  be  the  brother  or  sister  of  the  grandfather  or  grandmother,  or  a 
descendant  of  the  brother  or  sister  of  the  grandfather  or  grandmother 
of  the  decedent,  at  the  rate  of  four  per  centum  of  the  clear  value  of 
such  interest  in  such  property. 

(5)  Other  Degrees — Body  Politic  or  Corporate. — Where  the  person 
or  persons  entitled  to  any  beneficial  interest  in  such  property  shall  be  in 
any  other  degree  of  collateral  consanguinity  than  is  hereinbefore 
stated,  or  shall  be  a  stranger  in  blood  to  the  decedent,  or  shall  be  a 
body  politic  or  corporate,  at  the  rate  of  five  per  centum  of  the  clear 
value  of  such  interest  in  such  property. 


INHERITANCE  TAX  ACT   OF  1913.  65 

§  6.  Tax  upon  Excess. — The  foregoing  rates  in  section  5  are  for 
convenience  termed  the  primary  rates.  When  the  market  value  of 
such  property  or  interest  exceeds  twenty-five  thousand  dollars,  the 
rates  of  tax  upon  such  excess  shall  be  as  follows: 

(1)  Upon  all  in  excess  of  twenty-five  thousand  dollars  and  up  to 
fifty  thousand  dollars,  two  times  the  primary  rates. 

(2)  Upon  all  in  excess  of  fifty  thousand  dollars  and  up  to  one  hun- 
dred thousand  dollars,  three  times  the  primary  rates. 

(3)  Upon  all  in  excess  of  one  hundred  thousand  dollars  and  up  to 
two  hundred  and  fifty  thousand  dollars,  four  times  the  primary  rates. 

(4)  Upon  all  in  excess  of  two  hundred  and  fifty  thousand  dollars 
and  up  to  five  hundred  thousand  dollars,  five  times  the  primary  rates. 

(5)  Upon  all  in  excess  of  five  hundred  thousand  dollars  and  up  to 
one  million  dollars,  five  times  the  primary  rate  and  in  addition  thereto 
two  and  one-half  per  centum  of  the  clear  market  value  of  such  interest 
in  such  property. 

(6)  Upon  all  in  excess  of  one  million  dollars,  five  times  the  primary 
rate,  and  in  addition  thereto  five  per  centum  of  the  clear  market  value 
of  such  interest  in  such  property. 

§  7.  Exemptions. — The  following  exemptions  from  the  tax  are 
hereby   allowed: 

(1)  All  property  transferred  to  societies,  corporations,  and  institu- 
tions now  or  hereafter  exempted  by  law  from  taxation,  or  to  any  public 
corporation,  or  to  any  society,  corporation,  institution,  or  association 
of  persons  engaged  in  or  devoted  to  any  charitable,  benevolent,  educa- 
tional, public,  or  other  like  work  (pecuniary  profit  not  being  its  object 
or  purpose),  or  to  any  person,  society,  corporation,  institution,  or  as- 
sociation of  persons  in  trust  for  or  to  be  devoted  to  any  charitable, 
l)enevolent,  educational,  or  public  purpose,  by  reason  whereof  any  such 
person  or  corporation  shall  become  beneficially  entitled,  in  possession 
or  expectancy,  to  any  such  property  or  to  the  income  thereof,  shall  be 
exempt. 

(2)  Property  of  the  clear  value  of  twenty-four  thousand  ($24,000) 
dollars  transferred  to  the  widow  or  to  a  minor  child  of  the  decedent, 
and  of  ten  thousand  ($10,000)  dollars  transferred  to  each  of  the  other 
persons  described  in  the  first  subdivision  of  section  5,  shall  be  exempt. 

(3)  Property  of  the  clear  value  of  two  thousand  ($2,000)  dollars 
transferred  to  each  of  the  persons  described  in  the  second  division  of 
section  5,  shall  be  exempt. 

(4)  Property  of  the  clear  value  of  one  thousand  five  hundred 
($1,500)  dollars  transferred  to  each  of  the  persons  described  in  the 
third  subdivision  of  section  5  shall  be  exempt. 

(5)  Property  of  the  clear  value  of  one  thousand  ($1,000)  dollars 
transferred  to  each  of  the  persons  described  in  the  fourth  division  of 
section  5,  shall  be  exempt. 

(6)  Property  of  the  clear  value  of  five  hundred  ($500)  dollars 
transferred  to  each  of  the  persons  and  corporations  described  in  the 
fifth  subdivision  of  section  5,  shall  be  exempt. 

5 


66 

§  8.  (a)  Taxes  Payable  at  Death — Interest — Discount. — All  taxes 
imposed  by  this  act,  unless  otherwise  herein  provided  for,  shall  be  due 
and  payable  at  the  death  of  the  decedent,  and  if  the  same  are  paid 
within  eighteen  months,  no  interest  shall  be  charged  and  collected 
thereon,  but  if  not  so  paid,  interest  at  the  rate  of  ten  per  centum  per 
annum  shall  be  charged  and  collected  from  the  time  said  tax  accrued; 
provided,  that  if  said  tax  is  paid  within  six  months  from  the  accruing 
thereof  a  discount  of  five  per  centum  shall  be  allowed  and  deducted 
from  said  tax.  And  in  all  cases  where  the  executors,  administrators, 
or  trustees  do  not  pay  such  tax  within  eighteen  months  from  the  death, 
of  the  decedent,  they  shall  be  required  to  give  a  bond  in  the  form  and 
to  the  effect  prescribed  in  subdivision  (a)  of  section  9  of  this  act  for 
the  payment  of  said  tax,  together  with  interest. 

(b)  Excuse  for  Delay  in  Payment. — The  penalty  of  ten  per  cent 
per  annum  imposed  by  subdivision  (a)  of  this  section,  for  the  nonpay- 
ment of  said  tax,  shall  not  be  charged  in  cases  where,  in  the  judgment 
of  the  court,  by  reason  of  claims  made  upon  the  estate  necessary  liti- 
gation, or  other  unavoidable  cause  of  delay,  the  estate  of  any  decedent, 
or  a  part  thereof,  cannot  be  settled  at  the  end  of  eighteen  months! 
from  the  death  of  the  decedent ;  but  in  such  cases  seven  per  cent  per 
annum  shall  be  charged  upon  the  said  tax  from  the  expiration  of  said 
eighteen  months  until  the  cause  of  such  delay  is  removed,  after  which 
ten  per  cent  interest  per  annum  shall  again  be  charged  until  the  tax 
is  paid ;  but  litigation  to  defeat  the  payment  of  the  tax  shall  not  be 
considered  necessary  litigation. 

§  9.  (a)  Estate  for  Years  or  Expectancy. — When  any  grant,  gift, 
legacy,  devise  or  succession  upon  which  a  tax  is  imposed  by  section  2 
of  this  act  shall  be  an  estate,  income,  or  interest  for  a  term  of  years, 
or  for  life,  or  determinable  upon  any  future  or  contingent  event,  or 
shall  be  a  remainder,  reversion,  or  other  expectancy,  real  or  personal, 
the  entire  property  or  fund  by  which  such  estate,  income,  or  interest 
is  supported,  or  of  which  it  is  a  part,  shall  be  appraised  immediately 
after  the  death  of  the  decedent,  and  the  market  value  thereof  deter- 
mined, in  the  manner  provided  in  section  16  or  17  of  this  act,  and  the 
tax  prescribed  by  this  act  shall  be  immediately  due  and  payable  to 
the  treasurer  of  the  proper  county,  and,  together  with  the  interest 
thereon,  shall  be  and  remain  a  lien  on  said  property  until  the  same  is 
paid. 

Bond. — Provided,  that  the  person  or  persons,  or  body  politic  or 
corporate,  beneficially  interested  in  the  property  chargeable  with 
said  tax,  may  elect  not  to  pay  the  same  until  they  shall  come  into  the 
actual  possession  or  enjoyment  of  such  property,  and  in  that  case 
such  person  or  persons,  or  body  politic  or  corporate,  shall  execute  a 
bond  to  the  people  of  the  State  of  California,  in  a  penalty  of  twice 
the  amount  of  tax  arising  upon  personal  estate,  with  such  sureties 
as  the  said  superior  court  may  approve,  conditioned  for  the  payment 
of  said  tax  and  interest  thereon  at  such  time  or  period  as  they  or 


INHERITANCE  TAX  ACT  OF  1913.  67 

their  representatives  may  come  into  actual  possession  or  enjoyment 
of  such  property,  and  conditioned  further,  that  if  said  bond  be  not 
renewed,  as  herein  provided,  the  amount  of  said  tax  and  interest 
thereon  shall  immediately  become  due  and  payable.  Said  bond  vshall 
be  filed  in  the  office  of  the  county  clerk  of  the  proper  county  and  a 
certified  copy  thereof  shall  be  immediately  transmitted  to  the  State 
controller. 

Return. — ^Provided,  further,  that  such  person  shall  make  a  full  and 
verified  return  of  such  property  to  said  court,  and  file  the  same  in  the 
office  of  the  county  clerk  within  one  year  from  the  death  of  the  de- 
cedent, and  within  that  period  enter  into  such  security,  and  renew 
the  same  every  five  years.  If  the  same  shall  not  be  so  renewed  be- 
fore the  expiration  of  each  five-year  period  the  bond  shall  immediately 
become  due  and  payable,  and  if  the  same  be  not  paid  forthwith  the 
Attorney  General  shall  file  an  action  in  the  name  of  the  people  of  the 
State,  on  the  relation  of  the  controller,  to  recover  the  same. 

(b)  Estimating  Value. — In  estimating  the  value  of  any  estate  or 
interest  in  property,  to  the  beneficial  enjoyment  or  possession 
whereof  there  are  persons  or  corporations  presently  entitled  thereto, 
no  allowance  shall  be  made  on  account  of  any  contingent  encumbrance 
thereon,  nor  on  account  of  any  contingency  upon  the  happening  of 
which  the  estate  or  property  or  some  part  thereof  or  interest  therein 
might  be  abridged,  defeated  or  diminished. 

Abridgment,  Defeat  or  Diminution. — Provided,  however,  that  in  the 
event  of  such  encumbrance  taking  effect  as  an  actual  burden  upon  the 
interest  of  the  beneficiary,  or  in  the  event  of  the  abridgment,  defeat 
or  diminution  of  said  estate  or  property  or  interest  therein  as  afore- 
said, a  return  shall  be  made  to  the  person  properly  entitled  thereto 
of  a  proportionate  amount  of  such  tax  on  account  of  the  encumbrance 
when  taking  effect,  or  so  much  as  will  reduce  the  same  to  the  amount 
which  would  have  been  assessed  on  account  of  the  actual  duration 
or  extent  of  the  estate  or  interest  enjoyed.  Such  return  of  tax  shall 
be  made  in  the  manner  provided  by  section  12  hereof  upon  order  of 
the  court  having  jurisdiction. 

(c)  Property  Transferred  in  Trust.— When  property  is  transferred 
in  trust  or  otherwise,  and  the  rights,  interest  or  estates  of  the  trans- 
ferees are  dependent  upon  contingencies  or  conditions  whereby  they 
may  be  wholly  or  in  part  created,  defeated,  extended  or  abridged, 
a  tax  shall  be  imposed  upon  said  transfer  at  the  highest  rate  which, 
on  the  happening  of  any  of  the  said  contingencies  or  conditions, 
would  be  possible  under  the  provisions  of  this  act,  and  such  tax  so 
imposed  shall  be  due  and  payable  forthwith  by  the  executors  or  trus- 
tees out  of  the  property  transferred;  provided,  however,  that  on  the 
happening  of  any  contingency  whereby  the  said  property,  or  any  part 
thereof,  is  transferred  to  a  person  or  corporation  exempt  from  taxa- 
tion under  the  provisions  of  this  act,  or  to  any  person  taxable  at  a 
rate  less  than  the  rate  imposed  and  paid,  such  person  or  corporation 
shall  be  entitled  to  a  return  of  so  much  of  the  tax  imposed  and  paid 


68 

as  the  difference  between  the  amount  paid  and  the  amount  which  said 
person  or  corporation  should  pay  under  the  provisions  of  this  act. 
Such  return  of  overpayment  shall  be  made  in  the  manner  provided 
by  section  12  of  this  act,  upon  order  of  the  court  having  jurisdiction. 

(d)  Estates  in  Expectancy  Appraised  How. — Estates  in  expectancy 
which  are  contingent  or  defeasible  and  in  which  proceedings  for  the 
determination  of  the  tax  have  not  been  taken  or  where  the  taxation 
thereof  has  been  held  in  abeyance,  shall  be  appraised  at  their  full, 
undiminished  value  w^hen  the  persons  entitled  .thereto  shall  come 
into  the  beneficial  enjoyment  or  possession  thereof,  without  diminu- 
tion for  or  on  account  of  any  valuation  theretofore  made  of  the  par- 
ticular estates  for  purposes  of  taxation,  upon  which  said  estates  in 
expectancy  may  have  been  limited. 

(e)  Where  Estate  can  be  Divested  by  Legatee  or  Devisee. — Where 
an  estate  for  life  or  for  years  can  be  divested  by  the  act  or  omission 
of  the  legatee  or  devisee  it  shall  be  taxed  as  if  there  were  no  possi- 
bility of  such  divesting. 

(f)  Standards  of  Mortality  and  Value. — The  value  of  every  fu- 
ture, or  contingent  or  limited  estate,  income  or  interest,  shall,  for 
the  purposes  of  this  act  be  determined  by  the  rule,  methods  and 
standards  of  mortality  and  of  value  that  are  set  forth  in  the  actuaries' 
combined  experience  tables  of  mortality  for  ascertaining  the  value  of 
policies  of  life  insurance  and  annuities  and  for  the  determination  of 
the  liabilities  of  life  insurance  companies,  save  that  the  rate  of  inter- 
est to  be  assessed  in  computing  the  present  value  of  all  future  inter- 
est and  contingencies  shall  be  five  (5)  per  cent  per  annum.  The 
insurance  commissioner  shall  without  a  fee  on  the  application  of  any 
Superior  Court  or  of  any  inheritance  tax  appraiser  determine  the 
value  of  any  future  or  contingent  estate,  income  or  interest  therein 
limited,  contingent,  dependent  or  determinable  upon  the  life  or  lives 
of  persons  in  being,  upon  the  facts  contained  in  any  such  appraiser's 
application  or  other  facts  to  him  submitted  by  said  appraiser  or  said 
court  and  certify  the  same  in  duplicate  to  such  court  or  appraiser, 
and  his  certificate  thereof  shall  be  conclusive  evidence  that  the 
method  of  computation  therein  is  correct. 

§  10.  (a)  Tax  Deducted  from  Legacy. — Any  administrator,  ex- 
ecutor, or  trustee  having  in  charge  or  trust  any  legacy  or  property 
for  distribution,  subject  to  the  said  tax,  shall  deduct  the  tax  there- 
from, or  if  the  legacy  or  property  be  not  money  he  shall  collect  the 
tax  thereon,  upon  the  market  value  thereof,  from  the  legatee  or  per- 
son entitled  to  such  property,  and  he  shall  not  deliver,  or  be  compelled 
to  deliver,  any  specific  legacy  or  property  subject  to  tax  to  any  per- 
son until  he  shall  have  collected  the  tax  thereon;  and  whenever  any 
such  legacy  shall  be  charged  upon  or  payable  out  of  real  estate,  the 
executor,  administrator,  or  trustee  shall  collect  said  tax  from  the  dis- 
tributee thereof,  and  the  same  shall  remain  a  charge  on  such  real 
estate  until  paid;  if,  however,  such  legacy  be  given  in  money  to  any 
person  for  a  limited  period,  the  executor,  administrator,  or  trustee 


"••  » 


INHERITANCE  TAX  ACT  OF  1913.  69 


''  shall  retain  the  tax  upon  the  whole  amount ;  but  if  it  be  not  in  money 
he  shall  make  application  to  the  superior  court  to  make  an  apportion- 
ment, if  the  case  require  it,  of  the  sum  to  be  paid  into  his  hands  by 
such  legatees,  and  for  such  further  order  relative  thereto  as  the  case 
may  require. 

(b)  Power  to  Sell  Property  to  Pay  Tax. — All  executors,  adminis- 
trators, and  trustees  shall  have  full  power  to  sell  so  much  of  the 
property  of  the  decedent  as  will  enable  them  to  pay  said  tax,  in  the 
same  manner  as  they  may  be  enabled  by  law  to  do  for  the  payment  of 
debts  of  the  estate,  and  the  amount  of  said  tax  shall  be  paid  as  here- 
inafter directed. 

(c)  Tax  Paid  to  Treasurer. — ^Every  sum  of  money  retained  by  an 
executor,  administrator,  or  trustee,  or  paid  into  his  hands,  for  any 
tax  -on  property,  shall  be  paid  by  him,  within  thirty  days  thereafter, 
to  the  treasurer  of  the  county  in  which  the  probate  proceedings  are 
pending. 

§  11.  Receipt  in  Triplicate. — ^Upon  the  payment  to  any  county 
treasurer  of  any  tax  due  under  this  act,  such  treasurer  shall  issue  a 
receipt  therefor,  in  triplicate,  one  copy  of  which  he  shall  deliver  to 
the  person  paying  said  tax,  and  the  original  and  one  copy  thereof  he 
shall  immediately  send  to  the  controller  of  State,  whose  duty  it  shall 
be  to  charge  the  treasurer  so  receiving  the  tax  with  the  amount 
thereof,  and  said  controller  shall  retain  one  of  said  receipts,  and  the 
other  he  shall  countersign  and  seal  with  the  seal  of  his  office,  and 
immediately  transmit  to  the  clerk  of  the  court  fixing  such  tax.  And 
an  executor,  administrator,  or  trustee  shall  not  be  entitled  to  credits 
in  his  accounts,  nor  be  discharged  from  liability  for  such  tax,  nor 
shall  said  estate  be  distributed,  unless  a  receipt  so  sealed  and  counter- 
signed by  the  controller,  or  a  copy  thereof,  certified  by  him,  shall 
have  been  filed  with  the  court.  Any  person  shall,  upon  payment  to 
the  county  treasurer  of  the  sum  of  fifty  cents,  be  entitled  to  a  dupli- 
cate, or  copy,  of  any  receipt  that  may  have  been  given  by  said  treas- 
urer for  the  payment  of  any  tax  under  this  act. 

§  12.     Refund — Pursuance   of   Order  by   Superior   Court. — If   any 

debts  shall  be  proven  against  the  estate  of  a  decedent  after  the  pay- 
ment of  any  legacy  or  distributive  share  thereof,  from  which  any 
such  tax  has  been  deducted  or  upon  which  it  has  been  paid  by  the 
person  entitled  to  such  legacy  or  distributive  share,  and  such  person 
is  required  by  'order  of  the  Superior  Court  having  jurisdiction,  on 
notice  to  the  State  controller,  to  refund  the  amount  of  such  debts 
or  any  part  thereof,  an  equitable  proportion  of  the  tax  shall  be  re- 
paid to  him  by  the  executor,  administrator  or  trustee,  if  the  tax  has 
not  been  paid  to  the  county  treasurer;  or  if  such  tax  has  been  paid 
to  such  county  treasurer,  such  officer  shall  refund  out  of  any  in- 
heritance tax  moneys  in  his  hands  or  custody  such  equitable  propor- 
tion of  the  tax,  and  credit  himself  with  the  same  in  the  account 
required  to  be  rendered  by  him  under  this  act.     If,  after  the  pay- 


70  hillyer's  legal  manual. 

ment  of  any  tax  in  pursuance  of  an  order  fixing  such  tax,  made  by 
the  Superior  Court  having  jurisdiction,  such  order  be  modified  or 
reversed  by  the  Superior  Court  having  jurisdiction  within  two  years 
from  and  after  the  date  of  entry  of  the  order  fixing  the  tax,  or  be 
modified  or  reversed  at  any  time  on  an  appeal  taken  therefrom  within 
the  time  allo^Yed  by  law  on  due  notice  to  the  State  controller,  the 
county  treasurer  shall  refund  to  the  executor,  administrator,  trustee, 
person  or  persons  by  whom  such  tax  was  paid,  the  amount  of  any 
moneys  paid  or  deposited  on  account  of  such  tax  in  excess  of  the 
amount  of  tax  fixed  by  the  order  modified  or  reversed,  out  of  any  in- 
heritance tax  moneys  in  his  hands  or  custody,  and  credit  himself  with 
the  same  in  the  account  required  to  be  rendered  by  him  to  the  con- 
troller on  his  semi-annual  settlement;  but  no  application  for  such 
refund  shall  be  made  after  one  year  from  such  reversal  or  modifica- 
tion, unless  an  appeal  shall  be  taken  therefrom,  in  which  case  no  such 
application  shall  be  made  after  one  year  from  the  final  determination 
on  such  appeal  or  of  an  appeal  taken  therefrom,  and  the  represen- 
tatives of  the  estate,  legatees,  devisees  or  distributees  entitled  to  any 
refund  under  this  section  shall  not  be  entitled  to  any  interest  upon 
such  refund,  and  the  State  controller  shall  deduct  from  the  fees 
allowed  by  this  act  to  the  county  treasurer  the  amount  thereto- 
fore allowed  him  upon  such  overpayment.  Where  it  shall  be  proved 
to  the  satisfaction  of  the  Superior  Court  that  deductions  for  debts 
were  allowed  upon  the  appraisal,  since  proved  to  have  been  errone- 
ously allowed,  it  shall  be  lawful  for  such  Superior  Court  to  enter  an 
order  assessing  the  tax  upon  the  amount  wrongfully  or  erroneously 
deducted.  This  section,  as  amended,  shall  apply  to  appeals  and  pro- 
ceedings now  pending  and  taxes  heretofore  paid  in  relation  to  which 
the  period  of  one  year  from  such  reversal  or  modification  has  not 
expired  when  this  section,  as  amended,  takes  effect. 

§  13.    If  Foreign  Executor  Transfer  Stock  Tax  Shall  be  Paid.— If 

a  foreign  executor,  administrator  or  trustee  shall  assign  or  transfer 
any  stock  or  obligation  in  this  State  standing  in  the  name  of  a  de- 
cedent, or  in  trust  for  a  decedent,  liable  to  any  such  tax,  the  tax 
shall  be  paid  to  the  treasurer  of  the  proper  county  on  the  transfer 
thereof. 

No  Institution  or  Persons  Having  Assets  of  Decedent  Shall  Deliver 
Same  Without  Retaining  Tax. — No  safe  deposit  company,  trust  com- 
pany, corporation,  bank  or  other  institution,  person  or  persons  having 
in  possession  or  under  control  securities,  deposits,  or  other  assets, 
belonging  to  or  standing  in  the  name  of  a  decedent  who  was  a  resi- 
dent or  nonresident  or  belonging  to,  or  standing  in  the  joint  names 
of  such  a  decedent  and  one  or  more  persons,  including  the  shares  of 
the  capital  stock  of,  or  other  interest  in,  the  safe  deposit  company, 
trust  company,  corporation,  bank  or  other  institution  making  the  de- 
livery or  transfer  herein  provided,  shall  deliver  or  transfer  the  same 
to  the  executors,  administrators  or  legal  representatives  of  said  de- 
cedent, or  to  the  survivor  or  survivors  when  held  in  the  joint  names 


INHERITANCE  TAX  ACT  OF  1913.  71 

of  a  decedent  and  one  or  more  persons,  or  upon  their  order  or  request, 
without  retaining^  a  sufficient  portion  or  amount  thereof  to  pay  any 
tax  and  interest  which  may  thereafter  be  assessed  thereon  under  this 
act  and  unless  notice  of  the  time  and  place  of  such  delivery  or  trans- 
fer be  served  upon  the  State  controller  and  county  treasurer  at  least 
ten  days  prior  to  said  delivery  or  transfer. 

State  Controller  may  Consent  to  Delivery. — Provided,  that  the  State 
controller,  or  person  by  him  in  writing  authorized  so  to  do,  may 
consent  in  writing  to  said  delivery  or  transfer,  and  such  consent  shall 
relieve  said  safe  deposit  company,  trust  company,  corporation,  bank 
or  other  institution,  person  or  persons  from  the  obligation  hereunder 
to  give  such  notice  or  to  retain  any  portion  of  said  securities,  de- 
posits or  other  assets  in  their  possession  or  control.  And  it  shall  be 
lawful  for  the  State  controller  or  county  treasurer,  personally  or 
by  representatives,  to  examine  said  securities,  deposits  or  assets  at 
the  time  of  said  delivery  or  otherwise. 

Penalty. — Failure  to  comply  with  the  provisions  of  this  section  shall 
render  such  safe  deposit  company,  trust  company,  corporation,  bank 
or  other  institution,  person  or  persons,  liable  to  a  penalty  of  not  less 
than  one  thousand  (1,000)  dollars,  nor  more  than  twenty  thousand 
(20,000)  dollars,  and  in  addition  thereto  said  safe  deposit  company, 
trust  company,  corporation,  bank  or  other  institution,  person  or  per- 
sons shall  be  liable  for  the  amount  of  the  taxes,  interest  and  penalties 
due  under  this  act  on  said  securities,  deposits,  or  other  assets  above 
mentioned,  and  said  penalties  and  liabilities  of  said  safe  deposit  com- 
pany, corporation,  bank  or  other  institution,  person  or  persons  for 
the  violation  of  this  section  may  be  enforced  in  an  action  brought 
by  the  State  controller  or  county  treasurer  in  any  court  of  competent 
jurisdiction. 

§  14.  Inheritance  Tax  Appraisers. — ^The  State  controller  shall  ap- 
point, and  may  at  his  pleasure  remove,  one  or  more  persons  in  each 
coimty  of  the  State  to  act  as  inheritance  tax  appraisers  therein. 
Every  such  inheritance  tax  appraiser  (in  addition  to  any  fees  paid 
him  as  appraiser  under  section  1444  of  the  Code  of  Civil  Procedure) 
shall  be  paid  by  the  county  treasurer  out  of  any  funds  that  he  may 
have  in  his  hands  on  account  of  said  tax,  on  presentation  of  a  sworn 
itemized  account  and  on  the  certificate  of  the  Superior  Court,  at  the 
rate  of  five  dollars  per  day  for  everv  day  actually  and  necessarily 
employed  in  said  inheritance  tax  appraisement,  together  with  his  actual 
and  necessary  traveling  and  other  incidental  expenses,  and  the  fees 
paid  such  witnesses  as  he  shall  subpoena  before  him  which  fees  shall 
be  the  same  as  those  now  paid  to  witnesses  subpoenaed  to  attend  in 
courts  of  record;  provided,  that  in  any  probate  proceeding  in  which 
the  executor  or  administrator  shall  have  failed  to  have  had  the  in- 
heritance tax  appraiser  act  as  one  of  the  appraisers  under  section 
1444  of  the  Code  of  Civil  Procedure  and  to  have  paid  him  his  fees 
therefor,  the  expense  of  making  the  inheritance  tax  appraisement 
in  this  act  provided    for    shall    be    paid  out  of  said  estate,  and  the 


72  hillyer's  legal  manual. 

executor  or  administrator  thereof  shall  be  liable  for  said  fee.  Any 
such  appraiser  who  shall  take  any  fee  or  reward,  other  than  such  as 
may  be  allowed  him  by  law,  from  any  executor,  administrator,  trus- 
tee, legatee,  next  of  kin,  or  heir  of  emy  decedent,  or  from  any  other 
person  liable  to  pay  said  tax,  or  any  porton  thereof,  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  less 
than  two  hundred  and  fifty  dollars  nor  more  than  five  hundred  dol- 
lars, or  be  imprisoned  in  the  county  jail  ninety  days,  or  both,  and  in 
addition  thereto  the  court  shall  dismiss  him  from  such  service. 

§  15.  Jurisdiction. — The  Superior  Court  in  the  county  in  which  is 
situate  the  real  property  of  a  decedent,  who  was  not  a  resident  of 
the  State,  or  if  there  be  no  real  property,  then  in  the  county  in  which 
any  of  the  personal  property  of  such  nonresident  is  situate,  or  in  the 
county  of  which  the  decedent  was  a  resident  at  the  time  of  his  death, 
shall  have  jurisdiction  to  hear  and  determine  all  questions  in  relation 
to  the  tax  arising  under  the  provisions  of  this  act;  the  court  first 
acquiring  jurisdiction  hereunder  shall  retain  the  same,  to  the  exclu- 
sion of  every  other ;  provided,  that  the  Superior  Court  having  acquired 
jurisdiction  in  probate  of  the  estate  of  a  decedent  shall  hear  and 
determine  in  said  probate  proceedings  all  questions  in  relation  to  any 
tax  arising  under  the  provisions  of  this  act:  (a)  Upon  property  pass- 
ing in  said  probate  proceedings,  (b)  Upon  any  other  property  trans- 
ferred, within  the  meaning  of  subdivision  3  of  section  2  of  this  act, 
to  any  person,  institution  or  corporation  taking  any  property  under 
and  by  virtue  of  said  probate  proceedings. 

§  16.  (a)  Appointment  of  Appraisers.; — When  any  Superior  Court, 
having  jurisdiction  in  probate  of  the  estate  of  any  decedent,  or  a 
judge  of  such  court,  shall,  in  accordance  with  section  1444  of  the 
Code  of  Civil  Procedure,  appoint  the  appraiser  or  appraisers  in  said 
section  provided  for,  said  Superior  Court  or  judge  thereof  shall  also 
at  the  same  time  designate  and  appoint  an  inheritance  tax  appraiser 
(unless  such  designation  and  appointment  be  previously  made  to 
ascertain  and  report  to  said  Superior  Court  the  amount  of  inheritance 
tax  due  upon  any  property  passing  in  said  probate  proceeding,  or  a 
lien  thereon,  or  upon  any  other  property  transferred  within  the  mean- 
ing of  subdivision  3  of  section  2  of  this  act,  to  any  person,  institution 
or  corporation  taking  property  under  and  by  virtue  of  said  probate 
proceedings,  together  with  such  other  or  additional  information  as 
shall  assist  said  court  in  the  determination  of  said  tax. 

Powers. — ^Thereupon  said  inheritance  tax  appraiser  shall  have  all 
the  powers  of  a  referee  of  said  Superior  Court,  and  shall  have  juris- 
diction to  require  the  attendance  before  him  of  the  executor  or  ad- 
ministrator of  said  estate,  or  any  person  interested  therein,  or  any 
other  person  whom  he  may  have  reason  to  believe  possesses  knowledge 
of  the  estate  of  said  decedent,  or  knowledge  of  any  property  trans- 
ferred by  said  decedent  within  the  meaning  of  this  act,  or  knowledge 
of  any  facts  that  will  aid  said  appraiser  or  the  court  in  the  determina- 
tion of  said  tax. 


INHERITANCE  TAX  ACT  OF  1913.  73 

Subpoenas. — For  the  purpose  of  compelling  the  attendance  of  such 
person  or  persons  before  him,  and  for  the  purpose  of  appraising  any 
property  or  interest  subject  to,  or  liable  for  any  inheritance  tax 
hereunder,  and  for  the  purpose  of  determining  the  amount  of  tax 
due  thereon,  the  said  inheritance  tax  appraiser  is  hereby  authorized 
to  issue  subpoenas  compelling  the  attendance  of  witnesses  before  him. 
And  he  may  examine  and  take  the  evidence  of  such  witnesses  or  of 
such  executor  or  administrator,  or  other  person  under  oath  concern- 
ing such  property  and  the  value  thereof,  and  concerning  the  property 
or  the  estate  of  such  decedent  subject  to  probate,  and  concerning  any 
transfer  made  by  such  decedent  within  the  meaning  of  this  act. 

Report. — Upon  the  completion  of  his  inheritance  tax  appraisement 
in  any  probate  proceeding,  the  inheritance  tax  appraiser  shall  make 
a  report  in  writing  to  the  Superior  Court  of  the  clear  market  value 
of  the  several  interests  in  the  estate  of  the  decedent,  and  shall  re- 
port the  amount  of  inheritance  or  transfer  tax  chargeable  against,  or 
a  lien  upon  such  interests,  acquired  by  virtue  of  said  probate  pro- 
ceedings or  by  any  transfer  within  the  meaning  of  this  act  to  any 
person,  institution  or  corporation  acquiring  any  property  by  virtue 
of  said  probate  proceedings  together  with  such  other  facts  as  may 
advise  the  court  in  regard  thereto,  or  which  the  court  may  require, 
and  may  return  to  said  Superior  Court  such  depositions  as  he  may 
have  had  reduced  to  writing,  exhibits,  or  other  testimony  or  informa- 
tion taken  before  him,  or  submitted  to  him. 

(b)  Notice  of  Filing  Report. — Upon  the  filing  of  said  report  said 
appraiser  shall  mail  a  copy  thereof  to  the  State  controller  and  the 
clerk  of  said  Superior  Court  shall  forthwith  give  notice  of  such  filing 
to  all  persons  interested  in  such  proceedings,  by  posting,  and  in  ad- 
dition thereto  shall  forthwith  mail  to  the  State  controller  and  to  the 
county  treasurer,  and  to  all  persons  chargeable  with  any  tax  in  said 
report  who  have  appeared  in  such  proceeding,  a  copy  of  said  notice. 

Order  Confirming  Report. — At  any  time  after  the  expiration  of 
ten  days  thereafter,  if  no  objection  to  said  report  be  filed,  the  said 
Superior  Court  may  give  and  make  its  order  confirming  said  report 
and  fixing  the  tax  in  accordance  therewith. 

Objections. — At  any  time  prior  to  the  making  of  said  order,  any 
person  interested  in  said  proceeding  (including  the  State  controller 
or  the  county  treasurer)  may  file  objections  in  writing  to  said  report. 
Thereupon  said  Superior  Court  shall,  by  order,  fix  a  time,  not  less  than 
ten  days  thereafter,  for  the  hearing  thereof,  and  shall  direct  the  clerk 
of  said  Superior  Court  to  give  such  notice  thereof  as  it  shall  deem 
necessary;  provided,  that  a  copy  of  such  notice  and  of  such  objections 
shall  be  forthwith  mailed  to  the  State  controller,  county  treasurer  and 
inheritance  tax  appraiser.  Upon  the  hearing  of  said  objections,  said 
court  may  make  such  order  as  to  it  may  seem  meet  and  proper  in  the 
premises. 

(c)  If  No  Inheritance  Tax  Due  Appraiser  may  so  Certify. — Pro- 
vided that,  if,  upon  examination  of  the  executor  or  administrator  of 


74 

said  estate  or  other  persons  familiar  with  the  affairs  of  such  decedent, 
or  from  other  information  before  him,  it  shall  appear  to  the  inherit- 
ance tax  appraiser  that  there  is  no  inheritance  tax  due  out  of  said 
estate  or  a  lien  upon  any  property  or  interest  therein,  said  appraiser 
ma.y  so  certify  to  the  Superior  Court,  and  at  any  time  thereafter,  said 
Superior  Court  may  order  or  decree  that  there  are  no  inheritance 
taxes  due  out  of  said  estate  or  upon  any  interest  therein  or  may  make 
such  different  order  as  may  to  it  seem  meet  in  the  premises. 

§  17.  Citation. — If  it  shall  appear  to  the  Superior  Court  upon  pe- 
tition of  the  State  controller  or  the  county  treasurer  or  any  other 
interested  person  that  any  transfer  has  been  made  within  the  mean- 
ing of  this  act,  and  the  taxability  thereof,  and  the  liability  for  such 
tax  and  the  amount  thereof  have  not  been  determined,  and  that  no 
proceedings  are  pending  in  any  court  in  this  State  wherein  the  tax- 
ability of  such  transfer  and  the  liability  therefor  and  the  amount 
hereof  may  be  determined,  said  court  shall  issue  a  citation  ordering 
and  directing  the  persons  who  may  appear  liable  therefor  or  known 
to  own  any  interest  in  or  part  of  the  property  transferred,  to  appear 
before  said  court  or  before  an  inheritance  tax  appraiser  to  be  desig- 
nated by  said  order  at  a  time  and  place  in  said  order  named,  not  less 
than  ten  days  nor  more  than  ninety  days  from  the  date  of  such  order, 
to  be  examined  under  oath  by  said  court  or  by  said  appraiser  as  the 
case  may  be,  concerning  said  transfer  and  all  facts  connected  there- 
with, and  concerning  the  property  transferred  and  the  character  and 
value  thereof. 

Hearing. — If  said  person  or  persons  shall  be  directed  to  appear  be- 
fore said  appraiser,  said  appraiser  shall,  at  the  time  and  place  in  said 
order  named,  or  at  such  time  and  place  to  which  said  appraiser  may 
adjourn  said  hearing,  proceed  to  examine  said  person  or  persons  and 
such  witnesses  as  said  appraiser  may  subpoena  before  him,  and  for 
the  purpose  of  said  hearing,  and  for  the  purpose  of  ascertaining  any 
facts  concerning  the  taxability  of  said  transfer  or  any  taxes  due  on 
account  of  such  transfer,  said  appraiser  shall  have  the  powers  of  a 
referee  of  said  court,  and,  is  hereby  authorized  to  issue  subpoenas 
compelling  the  attendance  of  witnesses  before  him,  and  to  administer 
oath,  and  to  take  the  evidence  of  such  witnesses  under  oath  concern- 
ing such  property  and  the  value  thereof  and  concernins:  such  trans- 
fer. Said  appraiser  shall  report  to  said  court  his  findings  and  con- 
clusions in  relation  to  said  transfer  and  said  tax,  and  may  return  to 
said  court,  any  depositions,  exhibits  or  other  testimony  or  informa- 
tion taken  before  him  or  exhibited  to  him.  The  procedure  subsequent 
to  the  filing  of  said  report  shall  conform  to  subdivision  (b)  of  section 
16  of  this  act. 

Service  of  Citation — Time,  Manner  and  Proof,  and  Hearing  and  De- 
termination Thereon. — Except  as  herein  otherwise  provided,  the  ser- 
vice of  such  citation  and  the  time,  manner  and  proof  thereof,  and  the 
hearing  and  determination  thereon,  and  the  hearing  and  determina- 
tion upon  the  facts  returned  in  such  report,  and  the  enforcement  of 


INHERITANCE  TAX  ACT  OF  1913.  75 

the  determination  or  decree,  shall  conform  to  the  provisions  of 
chapter  XII  of  title  XI  of  part  III  of  the  Code  of  Civil  Procedure, 
and  the  clerk  of  the  court  shall,  upon  the  request  of  the  State  con- 
troller or  the  treasurer  of  the  county,  furnish,  without  fee,  one  or 
more  transcripts  of  such  decree,  and  the  same  shall  be  docketed  and 
filed  by  the  county  clerk  of  any  county  in  the  State,  without  fee,  in 
the  same  manner  and  with  the  same  eifect  as  provided  by  section  674 
of  said  Code  of  Civil  Procedure  for  filing  a  transcript  of  an  original 
docket. 

Evidence  and  Detennination. — The  Superior  Court  may  hear  the 
said  cause  upon  the  relation  of  the  parties  and  the  testimony  of  wit- 
nesses, and  evidence  produced  in  open  court,  and,  if  the  court  shall 
find  said  property  is  not  subject  to  any  tax,  as  herein  provided,  the 
court  shall,  by  order,  so  determine ;  but  if  it  shall  appear  that  said 
property,  or  any  part  thereof,  is  subject  to  any  such  tax,  the  same 
shall  be  appraised  and  taxed  as  in  other  cases. 

!§  18.  Action  for  Recovery  of  Tax. — If,  after  the  expiration  of 
eighteen  months  from  the  accrual  of  any  tax  under  this  article,  such 
tax  shall  remain  due  and  unpaid,  after  the  refusal  or  neglect  of  the 
persons  liable  therefor  to  pay  the  same,  the  county  treasurer  shall 
notify,  or  the  State  controller  may  notify,  the  district  attorney  of 
the  county  in  writing  of  such  failure  or  neglect,  and  such  district 
attorney  shall  bring  and  prosecute  an  action  or  actions  in  the  name 
of  the  State  as  plaintiff,  for  the  recovery  of  such  tax  and  for  the 
purpose  of  enforcing  any  lien  or  liens  against  all  or  any  of  the  prop- 
erty subject  thereto.  In  any  such  action  the  owner  of  any  property 
or  of  any  interest  in  property  against  which  the  lien  of  any  such  tax 
is  sought  to  be  enforced,  and  any  predecessor  in  interest  of  any  such 
owner  whose  title  or  interest  was  deraigned  through  any  such  de- 
cedent by  will  or  succession  or  by  decree  of  distribution  of  the  estate 
of  such  decedent,  and  any  lienor  or  encumbrancer  subsequent  to  the 
lien  of  such  tax  may  be  made  a  party  defendant.  The  enumeration 
in  this  section  of  the  persons  who  may  be  made  defendants  shall  not 
be  deemed  to  be  exclusive,  but  the  joinder  or  nonjoinder  of  parties, 
except  when  otherwise  herein  provided,  shall  be  governed  by  the  rules 
in  equity  in  similar  cases. 

(a)  Actions  Quieting  Title. — Actions  may  be  brought  against  the 
State  for  the  purpose  of  quieting  the  title  to  any  property,  against 
the  lien  or  claim  of  lien  of  any  tax  or  taxes  under  this  act,  or  for 
the  purpose  of  having  it  determined  that  any  property  is  not  subject 
to  any  lien  for  taxes  under  this  act.  In  any  such  action,  the  plain- 
tiffs may  be  any  administrator  or  executor  of  the  estate  or  will  of 
any  decedent,  whether  the  said  estate  shall  have  been  fully  adminis- 
tered and  the  estate  settled  and  closed  or  not,  and  any  heir,  legatee 
or  devisee  of  any  such  decedent,  or  trustee  of  the  estate  or  of  any 
part  of  the  estate  of  such  decedent,  or  distributee  of  the  estate  or  of 
any  part  of  the  estate  of  any  such  decedent,  and  any  assignee,  grantee 
or  successor  in  interest  of  any  of  such  persons,  and  all  or  any  other 


76  hillyer's  legal  Mx\nual. 

persons  who  might  be  made  parties  defendant  in  any  action  brought 
by  the  State  under  the  provisions  of  this  section,  and  notwithstand- 
ing that  all  or  any  of  the  persons  enumerated  in  this  section  shall  or 
may  have  assigned,  granted,  conveyed  or  otherwise  parted  with  all 
or  any  interest  in  or  title  to  the  property,  or  any  thereof,  involved 
in  any  such  claim  of  lien  before  the  commencement  of  such  action. 
All  or  any  of  the  persons  in  this  action  enumerated  may  be  joined  or 
united  as  parties  plaintiff.  The  enumeration  in  this  section  of  the 
persons  who  may  be  made  parties  shall  not  be  deemed  to  be  exclusive, 
but  the  joinder  or  nonjoinder  of  parties,  except  when  otherwise 
herein  provided,  shall  be  governed  by  the  rules  in  equity  in  similar 
cases.  In  all  cases  any  person  who  might  properly  be  a  party  plain- 
tiff in  any  such  action  who  refuses  to  join  as  plaintiff  may  be  made  a 
defendant. 

(b)  Jurisdiction. — All  actions  under  this  section  shall  be  com- 
menced in  the  Superior  Court  of  the  county  in  which  is  situated  any 
part  of  any  real  property  against  which  any  lien  is  sought  to  be  en- 
forced, or  to  which  title  is  sought  to  be  quieted  against  any  lien,  or 
claim  of  lien;  but  if  in  said  action  no  lien  against  real  property  is 
sought  to  be  enforced,  the  action  shall  be  brought  in  the  Superior 
Court  of  the  county  which  has  or  which  had  jurisdiction  of  the  ad- 
ministration of  the  estate  of  the  decedent  mentioned  herein. 

(c)  Service  of  Summons. — Service  of  summons  in  the  actions 
brought  against  the  State  shall  be  made  on  the  controller  of  State  and 
on  the  district  attorney  of  the  county  in  which  the  estate  of  the  de- 
cedent mentioned  herein  is  being  administered,  or  has  been  adminis- 
tered in  probate  proceedings,  and  it  shall  be  the  duty  of  said  district 
attorney  to  defend  all  such  actions. 

(d)  Procedure  and  Practice. — The  procedure  and  practice  in  all 
actions  brought  under  this  section,  except  as  otherwise  provided  in 
this  act,  shall  be  governed  by  the  provisions  of  the  Code  of  Civil 
Procedure  in  relation  to  civil  actions,  so  far  as  the  same  shall  or  may 
be  applicable,  including  all  provisions  relating  to  motions  for  new 
trials  and  appeals. 

(e)  Remedies  not  Exclusive. — The  remedies  provided  in  this  sec- 
tion shall  be  in  addition  to  and  not  exclusive  of  any  remedies  pro- 
vided in  the  sections  preceding  this  section. 

§  19.  District  Attorney  to  Prosecute  Proceeding  to  Determine  and 
Fix  Tax. — Whenever  the  treasurer  of  any  county  or  an  inheritance 
tax  appraiser  therein,  or  the  controller  shall  have  reason  to  believe 
that  any  transfer  has  been  made  within  the  meaning  of  this  act  and 
that  a  tax  due  thereon  remains  undetermined  and  unpaid,  he  may 
notify  the  district  attorney  in  writing  of  such  transfer,  and  the  dis- 
trict attorney,  if  he  have  probable  cause  to  believe  a  tax  is  due,  and 
remains  undetermined,  shall  prosecute  the  necessary  proceeding  in  the 
Superior  Court  to  determine  and  fix  such  tax  and  for  the  enforcement 
and  collection  thereof.     Said  district   attorney  shall  be   allowed   his 


INHERITANCE  TAX  ACT  OF  1913.  77 

actual  and  necessary  expenses  incurred  in  such  proceeding  out  of  any 
inheritance  tax  moneys  in  the  hands  of  the  county  treasurer  on  order 
of  the  Superior  Court. 

§  20.  Treasurer  Shall  Pay  State  Treasurer — Report. — The  treas- 
urer of  each  county  shall  collect  and  pay  the  State  treasurer  all  taxes 
that  may  be  due  and  payable  under  this  act,  who  shall  give  him  a 
receipt  therefor;  of  which  collection  and  payment  he  shall  make  a 
report,  under  oath,  to  the  controller,  between  the  first  and  fifteenth 
days  of  May  and  December  of  each  year,  stating  for  what  estate  paid, 
and  in  such  form  and  containing  such  particulars  as  the  controller 
may  prescribe ;  and  for  all  such  taxes  collected  by  him  and  not  paid 
to  the  State  treasurer  by  the  first  day  of  June  and  January  of  each 
year  he  shall  pay  interest  at  the  rate  of  ten  per  centum  per  annum. 

§  21.  Fees. — The  treasurer  of  each  county  shall  be  allowed  to  re- 
tain, on  all  taxes  paid  and  accounted  for  by  him  each  year  under  this 
act,  in  addition  to  his  salary  or  fees  now  allowed  by  law,  three  per 
centum  of  the  first  $50,000  so  paid  and  accounted  for  by  him,  one 
and  one-half  per  centum  on  the  next  $50,000  so  paid  and  accounted 
for  by  him,  and  one-half  of  one  per  centum  on  all  additional  sums 
so  paid  and  accounted  for  by  him ;  provided,  that  no  county  treasurer 
shall  be  entitled  to  retain  to  his  own  use  more  than  the  sum  of  $200 
out  of  the  inheritance  taxes  paid  on  account  of  any  transfer  or  trans- 
fers made  by,  or  resulting  from  the  death  of,  any  one  decedent,  nor 
more  than  $3,000  out  of  the  total  inheritance  taxes  accounted  for  in 
any  one  year. 

§  22.  Special  Counsel. — The  State  controller,  whenever  he  shall 
be  cited  as  a  party  in  any  proceeding  or  action  to  determine  any  tax 
under  this  act  provided,  or  whenever  he  shall  deem  it  necessary  for 
the  better  enforcement  of  this  act  to  make  any  special  employment 
to  secure  evidence  of  evasion  of  said  tax,  or  to  commence  or  appear 
in  any  proceeding  or  action  to  determine  any  tax  hereunder,  may,  by 
and  with  the  consent  and  approval  of  the  Attorney  General,  make 
such  special  employment  or  designate  and  employ  counsel  or  attorney 
in  or  out  of  this  State  to  represent  him  on  behalf  of  the  State,  and, 
by  and  with  such  consent  of  the  Attorney  General,  he  is  hereby  au- 
thorized to  incur  the  necessary  expense  for  such  employment  and 
any  reasonable  and  necessary  expense  incident  thereto.  And  the 
county  treasurer  is  hereby  authorized  and  directed  to  pay  out  of  any 
funds  which  may  be  in  his  hands  on  account  of  this  tax,  on  presenta- 
tion of  a  sworn  itemized  account  and  on  certificate  of  the  State  con- 
troller and  Attorney  General,  all  expenses  incurred  as  in  this  section 
above  provided,  but  no  expense  for  such  special  employment  or  legal 
services,  up  to  and  including  the  entry  of  the  order  of  the  court  fix- 
ing the  tax  and  the  same  becoming  final,  shall  exceed  ten  per  centum 
of  the  tax  and  penalties  collected;  provided,  that  all  reasonable  and 
necessary  expenses  incurred,  in  any  legal  action  or  proceeding  in 
any  court  of  this  State  or  on  any  appeal  therefrom,  other  than  attor- 
ney's fees,  including  expense  of  serving  processes  and  printing  and 
preparing  of  necessary  legal  papers,  may  be  allowed  and  paid  in  the 


78 

manner  above  provided,  even  though  no  tax  be  recovered  in  such 
action  or  proceeding,  and  the  limitations  herein  made  shall  not  apply 
thereto. 

§  23.     Taxes  Paid  into  State  School  Fund  and  General  Fund. — All 

taxes  levied  and  collected  under  this  act,  up  to  the  amount  of  $250,000 
annually,  shall  be  paid  into  the  treasury  of  the  State,  for  the  uses  of 
the  State  school  fund,  and  all  taxes  levied  and  collected  in  excess  of 
$250,000  annually  shall  be  paid  into  the  State  treasury  to  the  credit 
of  the  general  fund  thereof. 

§  24.  Officer  Who  Fails  to  Perform  Duty  Shall  Forfeit  $1,000.— 
Every  officer  who  fails  or  refuses  to  perform,  within  a  reasonable 
time,  any  and  every  duty  required  by  the  provisions  of  this  act,  or 
who  fails  or  refuses  to  make  and  deliver  within  a  reasonable  time 
any  statement  or  record  required  by  this  act,  shall  forfeit  to  the  State 
of  California  the  sum  of  $1,000,  to  be  recovered  in  an  action  brought 
by  the  Attorney  General  in  the  name  of  the  people  of  the  State  on  the 
relation  of  the  controller. 

§  25.  Construction. — If  any  section,  subsection,  sentence,  clause 
or  phrase  of  this  act  is  for  any  reason  held  to  be  unconstitutional, 
such  decision  shall  not  affect  the  validity  of  the  remaining  portions  of 
this  act.  The  legislature  hereby  declares  that  it  would  have  passed 
this  act,  and  each  section,  subsection,  sentence,  clause  and  phrase 
thereof,  irrespective  of  the  fact  that  any  one  or  more  other  sections, 
subsections,  sentences,  clauses  or  phrases  be  declared  unconstitutional. 

§  26.  Repealing  Clause. — An  act  entitled  "An  act  to  establish  a 
tax  on  gifts,  legacies,  inheritances,  bequests,  devises,  successions  and 
transfers;  to  provide  for  its  collection,  and  to  direct  the  disposition 
of  its  proceeds ;  to  provide  for  the  enforcement  of  liens  created  by 
this  act  and  for  suits  to  quiet  title  against  claims  of  lien  arising  here- 
under; to  repeal  an  act  entitled  'An  act  to  establish  a  tax  on  gifts, 
legacies,  inheritances,  bequests,  devises,  successions  and  transfers; 
to  provide  for  its  collection,  and  to  direct  the  disposition  of  its  pro- 
ceeds ;  to  provide  for  the  enforcement  of  liens  created  by  this  act 
and  for  suits  to  quiet  title  against  claims  of  lien  arising  hereunder; 
to  repeal  an  act  entitled  "An  act  to  establish  a  tax  on  collateral  in- 
heritances, bequests  and  devises;  to  provide  for  the  collection,  and 
to  direct  the  disposition  of  its  proceeds,"  approved  March  23,  1893, 
and  all  amendments  thereto,  and  to  repeal  all  acts  and  parts  of  acts 
in  conflict  with  this  act,'  approved  March  20,  1905,  and  all  amend- 
ments thereto  and  all  acts  and  parts  of  acts  in  conflict  with  this  act," 
approved  April  7,  1911,  and  all  amendments  thereto,  and  all  acts  and 
parts  of  acts  in  conflict  with  this  act  are  hereby  expressl}^  repealed; 
provided,  however,  that  such  repeal  shall  in  nowise  affect  any  suit, 
prosecution  or  court  proceeding  pending  at  the  time  this  act  shall 
take  effect,  or  any  right  which  the  State  of  California  may  have  at 
the  time  of  the  taking  effect  of  this  act,  to  claim  a  tax  upon  any  prop- 
erty under  the  provisions  of  the  act  or  acts  hereby  repealed,  for 
which  no  proceeding  has  been  commenced;  nor  affect  any  appeal, 
right  of  appeal  in  any  suit  pending,  or  orders  fixing  tax,  existing 
in  this  State  at  the  time  of  the  taking  effect  of  this  act. 


INHERITANCE   TAX   RATES. 


RATES  OF  INHERITANCE  TAXES  AND 
EXEMPTIONS. 


(From   Bancroft's  Inheritance   Taxes   for  Investors.) 


State. 
Alabama 
Arizona 
Arkansas* 
California 
Colorado 
Connecticut*  (a) 
Delaware 

Dist.  of  Columbia 
Florida 
Georgia 
Hawaii 
Idaho 
Illinois 
Indiana 
Iowa*  (b) 
Kansas 
Kentucky- 
Louisiana  (c) 
Maine 
Maryland* 
Massachusetts 
Michigan 
Minnesota 
Mississippi 
Missouri 
Montana* 
Nebraska 
Nevada 

New  Hampshire 
New  Jersey 
New  Mexico 
New  York 
North  Carolina  (d) 
North  Dakota 
Ohio* 

Oklahoma  (e) 
Oregon  (f) 
Pennsvlvania 
Porto  Rico 
Rhode  Island 
South  Carolina 
South  Dakota 
Tennessee* 
Texas 
Utah* 
Vermont 
Virginia 

WashinfTton*  (g) 
West  Virginia 
Wisconsin 
Wyoming* 


Direct 
Rate. 
Not  taxed 
Not  taxed 

1% 
1/3% 
2% 
1% 
Not  taxed 
Not  taxed 
Not  taxed 
Not  taxed 
2% 
1/3% 
1/2% 
Not  taxed 
Not  taxed 

1/5% 
Not  taxed 
2% 
1/2% 
Not  taxed 
1/2% 
1% 
1  1/2% 
Not  taxed 
Not  taxed 

1% 

1% 

Not  taxed 

Not  taxed 

Not  taxed 

Not  taxed 

1/5% 

3/4% 

Not  taxed 

Not  taxed 

1% 

1% 

Not  taxed 

1/3% 

Not  taxed 

Not  taxed 

1% 

1  1/4% 

Not  taxed 

5% 

Not  taxed 

Not  taxed 

1% 

1/3% 

1/3% 

2% 


Inheritances. 

Exemption. 


5000 

4000-10000 
10000 
10000 


1000 

4000-10000 
20000 


5000 

10000 

500-10000 

1000-10000 
2000 
10000 


7500 
10000 


500-5000 
2000 


5000-10000 
5000 

200 


5000-20000 
5000 

10000 


loono 

10000-15000 
2000-10000 
10000 


Collateral  Inheritances. 


Rate. 
Not  taxed 
Not  taxed 
2/6% 
1  1/2-15% 
3/10% 
5% 
1/5% 
Not  taxed 
Not  taxed 
Not  taxed 
5% 
1  1/2-15% 
2/10% 
Not  taxed 

5% 
3/15% 
5% 
5% 
4/7% 
5% 
3/5% 
5%     ■ 
1  1/2-5% 
Not  taxed 
5% 
5% 
2/6% 
Not  taxed 
5% 
5% 
Not  taxed 
5/25% 
1  1/2-15%, 
2% 
5% 
1  1/2-5% 
2/6% 
5% 
3/9% 
Not  taxed 
Not  taxed 
2/10% 
5% 
2/12% 
5% 
5% 
5% 
3/12% 
3/15% 
1  1/2-15% 
5%, 


Exemption. 


1000-2000 
500-2000 
500 

500 


500 

500-2000 
500-2000 

1000 

0-1000 
500 

500 

5oa 

1000 

100 

10000 


500 
500-2000 


500 

100 

2000 

25000 

200 

100-500 
500-2000 
250 
200 


100-500 
250 

500-2000 
10000 


100-500 
500 


*Exemption    in  the   states  marked  with   an   asterisk   has   been    construed    to    apply   to    the    estate 
as   a  whole   rather   than   to    individual   shares. 

(a)  Connecticut.      For  nonresidents  exemption  varies  according  to  portion   of  estate  within  the 
state. 

(b)  Iowa    taxes   nonresident   aliens   10—20%. 

(c)  Louisiana   exempts   property  that  bore  its  just  proportion   of  taxes    during  owner's   life. 

(d)  North    Carolina    exemnts    husband    or   wife. 

(e)  Oklahoma. — The   tax  increases  nroeressi  vely,  so  a  literal  construction  would  result  in  con- 
fiscation of  all  in  excess  of  certain  amounts  ir.  ]f»rffe  estates. 

(f)  Orecon  exempts  entire  estate   if  less  thai    10.000.  direct:   500-5,000,  collateral. 

(g)  Washington. — 25%  tax  on  nonresident  aliens  held  invalid. 


80  hillyer's  legal  manual. 

FEDERAL  INCOME  TAX— SCOPE  AND 
OPERATION. 

By  Joseph  J.  Scott,  IJ.  S.  Collector  of  Internal  Revenue. 

In  any  consideration  of  the  new  Federal  Income  Tax  thought  should 
be  given  to  the  two  distinct  divisions  of  the  tax,  viz.,  the  normal  tax  of 
one  per  cent  on  all  net  incomes  in  excess  of  the  specified  exemptions 
and  the  additional,  or  graduated  tax  on  incomes  above  $20,000  a  year 
at  increasing  percentages.  The  normal  tax  is  assessable  against  both 
individuals  and  corporations ;  the  additional  tax  against  only  individuals. 

In  the  abstract  of  the  new  law  herewith  given  this  distinction  is 
drawn,  and  should  be  kept  in  mind.  For  convenience  the  term  ''Per- 
sons" is  employed  to  designate  individuals  sls  contrasted  with  corporate 
taxpayers.  The  latter  are  assembled  under  the  term  "Corporations," 
but  in  their  number  are  included  all  corporations,  joint-stock  companies 
or  associations,  as  well  as  insurance  companies.  Thus,  the  general  refer- 
ence to  ''persons"  and  "corporations"  may  be  understood. 

Persons  Affected. — 1.  Every  citizen  of  the  United  States,  whether 
residing  at  home  or  abroad. 

2.  Every  resident  of  the  United  States,  though  not  a  citizen. 

3.  Every  resident  of  a  foreign  country  deriving  income  from  the 
United  States. 

Rates. — 1.  Normal  tax  of  one  per  cent  on  all  incomes  in  excess  of 
$3,000  a  year. 

2.  Additional  tax  according  to  the  following  scale: 

(a)  One   per  cent  upon  the   amount   by   which  net  income   ex- 
ceeds $20,000  but  does  not  exceed  $50,000. 

(b)  Two  per  cent  upon  the  amount  by  which  net  income  exceeds 
$50,000  but  does  not  exceed  $75,000. 

(c)  Three  per  cent  upon  the  amount  by  which  net  income  ex- 
ceeds $75,000  but  does  not  exceed  $100,000. 

(d)  Four  per  cent  upon  the  amount  by  which  net  income  ex- 
ceeds $100,000  but   does  not  exceed  $250,000. 

(e)  Five  per  cent  upon  the  amount  by   which  net  income   ex- 
ceeds $250,000  but  does  not  exceed  $500,000. 

(f)  Six  per  cent  upon  the  amount  bv  which  net  income  exceeds 
$500,000. 

What  is  Income? — In  general  the  law  takes  cognizance  of  the  following 
as  constituting  the  income  of  persons : 

1.  Gains,  profits  and  income  derived  from  salaries,  wage,  or  compensa- 
tion for  personal  services  of  any  kind. 

2.  From  professions,  vocations,  businesses,  trade  and  dealings  in  real 
and  personal  property. 

3.  From  interest,  rent,  dividends,  or  securities,  and  the  income  from, 
but  not  the  value  of,  property  acquired  by  gift,  bequest  or  descent. 

Income  not  Taxable. — Proceeds  of  life  insurance  policies  received 
by  the  beneficiary  upon  the  death  of  the  insured,  or  payments  made  to 
the  insured  on  endowment  or  annuity  contracts  are  not  taxable. 


FEDERAL  INCOME  TAX SCOPE  AND  OPERATION.  81 

Deductions  for  Persons. — Net  income  of  persons  for  the  purpose  of 
the  normal  tax  will  be  computed  by  deducting  from  gross  income  the 
following  items: 

1.  Necessary  and  actual  expenses  of  carrying  on  business  (not  includ- 
ing personal  living  or  family  expenses). 

2.  All  interest   paid  during  the  year  on  indebtedness. 

3.  All  national,  state,  county,  school  and  municipal  taxes.  (Not  in- 
cluding taxes  assessed  against  local  benefits.) 

4.  Losses  in  trade  or  by  fire,  storm  or  shipwreck,  not  compensated  far 
by  insurance  or  otherwise. 

5.  Worthless  accounts  actuall}^  charged  off  during  the  year. 

6.  Reasonable  allowance  for  exhaustion,  wear  and  tear  of  property 
through  use.  In  the  case  of  mine,s  the  allowance  for  depletion  of  ores 
and  other  natural  deposits  shall  not  exceed  five  per  cent  of  the  value  at 
the  mine  of  the  output  for  the  year.  This  provision  also  covers  oil  wells. 
Under  no  circumstances  is  a  deduction  allowed  for  any  amount  paid 
out  for  new  buildings  or  permanent  improvements. 

7.  Dividends  on  stock  or  from  the  net  earnings  of  any  corporation 
taxable  on  its  net  income.  The  personal  return  must,  however,  include 
such  dividends  in  order  that  they  may  be  considered  in  the  computation 
of  the  additional  tax  for  individuals.  As  far  as  the  normal  tax  for  in- 
dividuals is  concerned  such  dividends  are  not  considered  a  part  of  per- 
sonal incomes,  being  taxed  to  that  extent  by  direct  assessment  against 
the  corporations. 

8.  Amount  of  income  upon  w^hich  the  tax  has  been  paid  or  withheld 
for  payment  at  the  source. 

9.  General  exemption  of  $3,000.  Then  $1,000  extra  if  the  person 
making  the  return  have  a  wife  living  with  him,  or  a  husband  living  w^ith 
her.  However,  should  both  husband  and  wife  have  taxable  incomes 
and  be  living  together,  the  total  exemption  is  $4,000. 

Collection  at  Source. — The  general  provision  is  that  the  normal  tax 
of  one  per  cent  shall  be  withheld  by  all  persons,  firms,  copartnerships, 
companies,  corporations,  joint-stock  companies  or  associations,  and  in- 
surance companies,  in  whatever  capacity  acting.  This  also  applies  to 
lessees  or  mortgagors  of  real  or  personal  property,  to  trustees,  executors, 
administrators,  agents,  receivers,  conservators  and  employees,  having 
the  control,  receipt,  custody,  disposal  or  payment  of  interest,  rent, 
salaries,  wages,  premiums,  annuities,  or  other  fixed  or  determinable 
annual  income  of  another  person  exceeding  $3,000  for  the  taxable  year. 

Must  Claim  Deductions. — The  person  whose  income  tax  is  thus  with- 
held must,  in  order  to  receive  the  benefit  of  the  exemption  of  $3,000 
(plus  $1,000  for  a  wife  or  husband)  file  with  the  withholding  power  a 
claim  in  writing  at  least  thirty  davs  before  the  return  is  due.  This 
means  thirty  days  prior  to  March  1st. 

As  to  the  privilege  of  the  person  affected  by  the  withholding  pro- 
vision to  avail  himself  of  the  other  detailed  deductions,  the  law  pro- 
vides that  a  statement  in  writing  shall  be  filed  with  the  withholding 
power  setting  forth  the  person's  income  from  all  other  sources  and 
specifying  the  deductions  asked  for.  The  statement  will  then  become  a 
6 


k 


82  hillyer's  legal  manual. 

part  of  the  return  made  in  such  person's  behalf.  It,  too,  must  be 
filed  at  least  thirty  days  before  the  return  is  due.  In  this  latter  respect, 
however,  the  individual  affected  can  avail  himself  or  herself  of  filing 
such  a  statement  directly  with  the  Collector  of  Internal  Revenue,  to  be 
considered  with  the  return  made  in  his  or  her  behalf  under  the  with- 
holding  provision. 

Should  the  claim  for  exemptions  and  deductions  not  be  filed  in  time 
to  become  parts  of  the  return  of  income,  there  would  remain  to  the 
person  affected  only  the  right  of  application  for  a  refund  of  the  tax 
after  the  payment  of  the  same. 

Income  from  Bonds. — The  normal  tax  of  one  per  cent  must  be  with- 
held from  payments  of  interest  upon  bonds,  mortgages,  or  deeds  of 
trust,  or  similar  obligations  of  corporations,  whether  payable  annually 
or  at  shorter  or  longer  periods,  even  though  such  interest  does  not  ex- 
ceed $3,000. 

Incomes  from  Foreign  Sources. — This  requirement  applies  also  to 
coupons,  checks  or  bills  of  exchange  in  payment  of  interest  upon  the 
bonds  of  foreign  countries,  upon  foreign  mortgages  and  the  stocks  and 
bonds  of  foreign  corporations,  regardless  of  the  amount  or  how  often 
due. 

(NOTE — Here  it  should  be  noted  that  the  taxpayer  should  not  be 
confused  by  the  necessity  of  withholding  the  tax  upon  the  dividends  of 
foreign  corporations,  in  view  of  the  provision  exempting  the  dividends 
of  domestic  corporations  from  either  the  withholding  requirement  or 
from  consideration  in  the  assessment  of  the  normal  income  tax  against 
individuals.  The  difference  must  be  apparent.  In  the  case  of  the 
foreign  corporation  the  government  of  the  United  States  can  tax  only 
the  part  of  the  dividends  due  residents  of  the  United  States  or  citizens 
of  the  United  States  residing  abroad.  In  the  case  of  the  domestic  cor- 
poration the  government  can  levy  and  collect  the  normal  tax  upon  the 
dividends  by  a  direct  assessment  against  the  corporation.) 

The  withholding  provision  in  respect  to  foreign  payments  affects  all 
making  such  collections,  and  every  dealer  in  coupons  representing  for- 
eign interest  or  dividends,  except  that  dealer  who  purchases  the  coupons 
from  a  banker  or  another  dealer  in  such  coupons,  must  abide  by  it. 

Tax  on  Corporations. — Domestic  and  Foreign. — For  those  corpora- 
tions organized  in  the  United  States  the  normal  income  tax  will  be 
levied  upon  the  entire  net  income;  but  for  those  organized  under  the 
laws  of  a  foreign  country  upon  the  net  income  accruing  from  business 
transacted  and  capital  invested  in  the  United  States. 

TJiose  Exempt. — The  following  exceptions  among  corporations  are 
specified  as  exempt  from  the  tax: 

1.  Labor  organizations. 

2.  Agricultural  and  horticultural  associations. 

3.  Mutual  savings  banks  not  having  capital  stock  represented  by 
shares. 

4.  Fraternal  beneficiary  societies  and  orders, 

5.  Domestic  buildinsr  and  loan  associations. 


FEDERAL  INCOME  TAX — SCOPE  AND  OPERATION.  83 

6.  Mutual  cemetery  companies. 

7.  Religious,  charitable,  scientific  and  educational  associations. 

8.  Chambers  of  commerce,  boards  of  trade,  and  civic  organizations  in 
general. 

Corporation's  Taxable  Income. — The  net  income  of  any  domestic 
corporation  will  be  ascertained  by  deducting  from  gross  income  the  fol- 
lowing items : 

1.  All  ordinary  and  necessary  expenses  for  maintenance  and  opera- 
tion, including  rent. 

2.  All  losses  actually  sustained  and  not  compensated  for  by  insurance 
or  otherwise.  Here  will  be  considered  a  reasonable  allowance  for  depre- 
ciation by  use,  wear  and  tear  of  property,  if  any.  In  the  case  of  mines 
the  allowance  will  be  figured  as  heretofore  noted  in  determining  the  net 
income  of  persons. 

3.  Amount  of  interest  accrued  and  paid  within  the  year  on  indebted- 
ness to  an  amount  of  such  indebtedness  not  exceeding  one-half  the  sum 
of  its  interest-bearing  indebtedness  and  its  paid-up  capital  at  the  close 
of  the  year.  Or,  if  no  capital  stock,  the  amount  of  interest  paid  within 
the  year  on  an  amount  of  its  indebtedness  not  exceeding  the  amount 
of  the  capital  employed  in  the  business  at  the  close  of  the  year.  In  the 
case  of  banks,  loan  and  trust  companies  the  interest  paid  on  deposits 
or  money  received  for  investment  and  secured  by  certificates.  As  re- 
spects indebtedness  wholly  secured  by  collateral  which  is  the  subject 
of  sale  in  the  ordinary  business  of  the  corporation,  the  total  interest 
secured  and  paid. 

4.  All  taxes  paid  on  assessments  levied  under  the  authority  of  the 
United  States,  or  any  state,  or  foreign  government. 

Income  of  Foreign  Corporations. — The  net  income  of  corporations 
existing  under  the  laws  of  a  foreign  country  will  be  computed  in 
practically  the  same  way,  the  law  taking  cognizance  only  of  the  gross 
income  accrued  during  the  taxable  year  from  business  transacted  and 
capital  invested  within  the  United  States.  The  deductions,  likewise, 
will  be  based  wholly  on  operations  within  the  United  States. 

Collection  of  Tax. — Returns  of  incomes,  under  oath,  must  be  in  the 
hands  of  the  Collector  of  Internal  Revenue  not  later  than  March  first. 

The  tax  will  be  due  June  1st,  and  will  become  delinquent  June  30th, 
when  a  penalty  of  five  per  cent  will  accrue  with  interest  at  the  rate  of 
one  per  cent  a  month. 

While  the  law  fixes  the  calendar  year  as  the  taxable  year,  it  allows 
any  corporation  the  right  to  make  its  own  fiscal  year  its  taxable  year. 

Insurance  Companies. — Insurance  companies  in  making  returns  can 
deduct  from  gross  income  the  net  addition,  if  any,  required  by  law  to 
be  made  within  the  taxable  year  to  reserve  funds;  also  the  sums  other 
than  dividends  paid  on  policy  and  annuity  contracts. 

Mutual  fire  insurance  companies  need  not  make  returns  of  any  por- 
tions of  premium  deposits  returned  to  polic^^-holders,  but  must  make 
returns  for  taxation  of  all  income  from  other  sources,  plus  those  por- 


84  hillyer's  legal  manual. 

tions  of  the  premium  deposits  retained  by  the  companies  for  purposes 
other  than  for  loss,  expenses,  and  reinsurance  reserves. 

Mutual  marine  insurance  companies  can  deduct  amounts  repaid 
policy-holders  on  account  of  premiums  paid  or  on  account  of  interest 
accruing  on  such  amounts  between  the  time  of  becoming  due  and  pay- 
ment. 

Life  insurance  companies  need  not  include  that  portion  of  any 
premium  paid  back  or  credited  to  a  policy-holder,  or  treated  as  an  abate- 
ment of  premium. 

Other  Important  Provisions. — Public  Utilities  Exempt.— The  law 
provides  that  states  and  their  political  subdivisions  are  exempted  from 
payment  of  the  tax  on  any  income  that  accrues  to  them  from  the  opera- 
tion of  public  utilities,  or  the  exercise  of  any  governmental  function. 
This  exemption  does  not,  however,  apply  to  the  income  derived  from 
any  public  utility  by  the  person  or  corporation  operating  it. 

Puhlic  Bonds  not  Taxed. — In  the  computation  of  net  income  the  in- 
terest upon  the  obligations  of  a  state  or  any  political  subdivision  of  a 
state,  also  upon  the  obligations  of  the  United  States,  is  excluded.  This 
covers  public  bonds  in  general. 

Persons  Exempt. — Exempt  from  the  tax  are  the  salaries  of  the  Pres- 
ident of  the  United  States,  all  federal  judges,  and  all  state,  county  and 
municipal  officers  and  employees. 

Partners  are  Individuals. — In  dealing  with  corporate  taxpayers  the 
law  makes  special  exception  of  partnerships  and  holds  that  the  persons 
in  a  partnership  shall  be  liable  for  the  tax  only  in  their  individual 
capacity. 

Must  Get  License. — All  persons,  firms  or  corporations  undertaking  the 
collection  of  foreign  incomes  must  obtain  a  license  by  application  to  the 
Collector  of  Internal  Revenue. 

Undivided  Profits. — Undivided  and  undistributed  profits  will  be  con- 
sidered in  ascertaining  the  net  income  of  persons. 

Accumulation  of  profits  for  the  purpose  of  evading  the  law  will  not 
avail  because  the  fact  that  profits  are  allowed  to  accumulate  beyond  the 
reasonable  needs  of  a  business  will  be  regarded  as  prima  facie  evidence 
of  a  fraudulent  purpose. 

No  Double  Taxation. — Double  taxation  of  corporation  dividends  is 
prevented  by  assessing  the  normal  income  tax  on  such  dividends  against 
the  corporations  and  not  against  the  individuals  receiving  them.  It  will 
be  noted,  however,  that  when  corporation  dividends  contribute  to  in- 
dividual incomes  subject  to  the  additional  tax  they  enter  into  the  com- 
putation of  net  incomes. 

The  Tax  for  1913.— The  tax  for  the  year  1913  will  be  collected  for 
that  part  of  the  calendar  year  beginning  March  1st  and  ending  Decem- 
ber 31st.  All  deductions  and  exemptions  will  be  figured  on  a  five-sixths 
basis  in  order  to  arrive  at  five-sixths  of  the  net  income,  which,  for  1913,. 
will  be  regarded  as  the  taxable  income. 


FEDERAL  INCOME  TAX  LAW.  85 


FEDERAL  INCOME  TAX  LAW. 

The  Income  Tax  Law  is  contained  in  Section  II  of  "An  Act  to  Reduce  Tariff 
Duties  and  to  provide  Revenue  for  the  Government,  and  for  other  purposes"  (H.  R. 
3321),  approved  October  3,  1913,  and  so  far  as  the  Income  Tax  is  concerned,  effec- 
tive November  1,  1913.  So  much  of  Subdivision  "S"  of  Section  IV  of  the  Tariff 
Act  as  relates  to  the  continuation  in  force  of  the  Corporation  Excise  Tax  is  also 
included. 

A.  Subdivision  1.  Normal  Income  Tax. — That  there  shall  be 
levied,  assessed,  collected  and  paid  annually  upon  the  entire  net  in- 
come arisinoj  or  accruing  from  all  sources  in  the  precedinof  calendar  year 
to  every  citizen  of  the  United  States,  whether  residing  at  home  or 
abroad,  and  to  every  person  residing  in  the  United  States,  though  not 
a  citizen  thereof,  a  tax  of  1  per  centum  per  annum  upon  such  income, 
except  as  hereinafter  provided;  and  a  like  tax  shall  be  assessed,  levied, 
collected,  and  paid  annually  upon  the  entire  net  income  from  all  prop- 
erty owned  and  of  every  business,  trade  or  profession  carried  on  in  the 
United  States  by  persons  residing  elsewhere. 

Subdivision  2.  Additional  Tax. — In  addition  to  the  income  tax 
provided  under  this  section  (herein  referred  to  as  the  normal  income 
tax)  there  shall  be  levied,  assessed,  and  collected  upon  the  net  income  of 
every  individual  an  additional  income  tax  (herein  referred  to  as  the 
additional  tax)  of  1  per  centum  per  annum  upon  the  amount  by  which 
the  total  net  income  exceeds  $20,000  and  does  not  exceed  $50,000,  and  2 
per  centum  per  annum  upon  the  amount  by  which  the  total  net  income 
exceeds  $50,000  and  does  not  exceed  $75,000,  3  per  centum  per  annum 
upon  the  amount  by  which  the  total  net  income  exceeds  $75,000  and  does 
not  exceed  $100,000,  4  per  centum  per  annum  upon  the  amount  by  which 
the  total  net  income  exceeds  $100,000  and  does  not  exceed  $250,000,  5 
per  centum  per  annum  upon  the  amount  by  which  the  total  net  income 
exceeds  $250,000  and  does  not  exceed  $500,000,  and  6  per  centum  per 
annum  upon  the  amount  by  which  the  total  net  income  exceeds  $500,000. 
All  the  provisions  of  this  section  relating  to  individuals  who  are  to  be 
chargeable  with  the  normal  income  tax,  so  far  as  they  are  applicable 
and  are  not  inconsistent  with  this  subdivision  of  paragraph  A,  shall 
apply  to  the  levy,  assessment,  and  collection  of  the  additional  tax  im- 
posed under  this  section.  Every  person  subject  to  this  additional  tax 
shall,  for  the  purpose  of  its  assessment  and  collection,  make  a  personal 
return  of  his  total  net  income  from  all  sources,  corporate  or  otherwise, 
for  the  preceding  calendar  year,  under  rules  and  regulations  to  be 
prescribed  by  the  Commissioner  of  Internal  Revenue  and  approved 
by  the  Secretary  of  the  Treasury.  For  the  purpose  of  this  additional 
tax  the  taxable  income  of  any  individual  shall  embrace  the  share  to 
which  he  would  be  entitled  of  the  gains  and  profits,  if  divided  or  dis- 
tributed, whether  divided  or  distributed  or  not,  of  all  corporations,  joint- 
stock  companies,  or  associations  however  created  or  organized,  formed 
or  fraudulently  availed  of  for  the  purpose  of  preventing  the  imposi- 
tion of  such  tax  through  the  medium  of  permitting  such  gains  and 
profits  to  accumulate  instead  of  being  divided  or  distributed;  and  the 


86  hillyer's  legal  manual. 

fact  that  any  such  corporation,  joint-stock  company,  or  association,  is 
a  mere  holding  company,  or  that  the  gains  and  profits  are  permitted 
to  accumulate  beyond  the  reasonable  needs  of  business  shall  be  prima 
facie  evidence  of  a  fraudulent  purpose  to  escape  such  tax;  but  the 
fact  that  the  gains  and  profits  are  in  any  case  permitted  to  accumulate 
and  become  surplus  shall  not  be  construed  as  evidence  of  a  purpose 
to  escape  the  said  tax  in  such  case  unless  the  Secretary  of  the  Treasury 
shall  certify  that  in  his  opinion  such  accumulation  is  unreasonable  for 
the  purposes  of  the  business.  When  requested  by  the  Commissioner  of 
Internal  Revenue,  or  any  district  collector  of  internal  revenue,  such 
corporation,  joint-stock  company,  or  association  shall  forward  to  him  a 
correct  statement  of  such  profits  and  the  names  of  the  individuals  who 
w^ould  be  entitled  to  the  same  if  distributed. 

B.  Net  Income  Defined. — That,  subject  only  to  such  exemptions 
and  deductions  as  are  hereinafter  allowed,  the  net  income  of  a  taxable 
person  shall  include  gains,  profits,  and  income  derived  from  salaries, 
wages,  or  compensation  for  personal  service  of  whatever  kind  and  in 
whatever  form  paid,  or  from  professions,  vocations,  businesses,  trade, 
commerce,  or  sales,  or  dealings  in  property,  whether  real  or  personal, 
growing  out  of  the  ownership  or  use  of  or  interest  in  real  or  personal 
property,  also  from  interest,  rent,  dividends,  securities,  or  the  trans- 
action of  any  lawful  business  carried  on  for  gain  or  profit,  or  gains  or 
profits  and  income  derived  from  any  source  whatever,  including  the 
income  from  but  not  the  value  of  property  acquired  by  gift,  bequest, 
devise,  or  descent:  Provided,  That  the  proceeds  of  life  insurance 
policies  paid  upon  the  death  of  the  person  insured  or  payments  made 
by  or  credited  to  the  insured,  on  life  insurance,  endowment,  or  annuity 
contracts,  upon  the  return  thereof  to  the  insured  at  the  maturity  of 
the  term  mentioned  in  the  contract,  or  upon  surrender  of  contract, 
shall  not  be  included  as  income. 

Deductions. — That  in  computing  net  income  for  the  purpose  of  the 
normal  tax  there  shall  be  allowed  as  deductions:  First,  the  necessary 
expenses  actually  paid  in  carrying  on  any  business,  not  including  per- 
sonal, living,  or  family  expenses;  second,  all  interest  paid  within  the 
year  by  a  taxable  person  on  indebtedness ;  third,  all  national.  State, 
county,  school,  and  municipal  taxes  paid  within  the  year,  not  includ- 
ing those  assessed  against  local  benefits;  fourth,  losses  actually  sus- 
tained during  the  year,  incurred  in  trade  or  arising  from  fires,  storms, 
or  shipwreck,  and  not  compensated  for  by  insurance  or  otherwise ;  fifth, 
debts  due  to  the  taxpayer  actually  ascertained  to  be  worthless  and 
charged  off  within  the  year;  sixth,  a  reasonable  allowance  for  the 
exhaustion,  wear  and  tear  of  property  arising  out  of  its  use  or  em- 
ployment in  the  business,  not  to  exceed,  in  the  case  of  mines,  5  per 
centum  of  the  gross  value  at  the  mine  of  the  output  for  the  year  for 
which  the  computation  is  made,  but  no  deduction  shall  be  made  for  any 
amount  of  expense  of  restoring  property  or  making  good  the  exhaus- 
tion thereof  for  which  an  allowance  is  or  has  been  made:  Provided, 
That  no  deduction  shall  be  allowed  for  any  amount  paid  out  for  new 
buildings,  permanent  improvements,  or  betterments,  made  to  increase 


FEDERAL  INCOME  TAX  LAW.  87 

the  value  of  any  property  or  estate;  seventh,  the  amount  received  as 
dividends  upon  the  stock  or  from  the  net  earnings  of  any  corporation, 
joint-stock  company,  association,  or  insurance  company  which  is  tax- 
able upon  its  net  income  as  hereinafter  provided;  eighth,  the  amount 
of  income,  the  tax  upon  which  has  been  paid  or  withheld  for  payment 
at  the  source  of  the  income,  under  the  provisions  of  this  section,  pro- 
vided that  whenever  the  tax  upon  the  income  of  a  person  is  required 
to  be  withheld  and  paid  at  the  source  as  hereinafter  required,  if  such 
annual  income  does  not  exceed  the  sum  of  $3,000  or  is  not  fixed  or 
certain,  or  is  indefinite,  or  irregular  as  to  amount  or  time  of  accrual, 
the  same  shall  not  be  deducted  in  the  personal  return  of  such  person. 

Net  Income  of  Nonresidents. — The  net  income  from  property  owned 
and  business  carried  on  in  the  United  States  by  persons  residing  else- 
where shall  be  computed  upon  the  basis  prescribed  in  this  paragraph 
and  that  part  of  paragraph  G  of  this  section  relating  to  the  computa- 
tion of  the  net  income  of  corporations,  joint-stock  and  insurance  com- 
panies, organized,  created,  or  existing  under  the  laws  of  foreign  coun- 
tries, in  so  far  as  applicable. 

Net  Income,  What  Excluded. — That  in  computing  net  income  under 
this  section  there  shall  be  excluded  the  interest  upon  the  obligations 
of  a  State  or  any  political  subdivision  thereof,  and  upon  the  obliga- 
tions of  the  United  States  or  its  possessions;  also  the  compensation 
of  the  present  President  of  the  United  States  during  the  term  for 
which  he  has  been  elected,  and  of  the  judges  of  the  supreme  and  in- 
ferior courts  of  the  United  States  now  in  office,  and  the  compensation 
of  all  officers  and  employees  of  a  State  or  any  political  subdivision 
thereof  except  when  such  compensation  is  paid  by  the  United  States 
Grovernment. 

C.  Exemptions. — That  there  shall  be  deducted  from  the  amount  of 
the  net  income  of  each  of  said  persons,  ascertained  as  provided  herein, 
the  sum  of  $3,000,  plus  $1,000  additional  if  the  person  making  the 
return  be  a  married  man  with  a  wife  living  with  him,  or  plus  the  sum 
of  $1,000  additional  if  the  person  making  the  return  be  a  married 
woman  with  a  husband  living  with  her;  but  in  no  event  shall  this  ad- 
ditional exemption  of  $1,000  be  deducted  by  both  a  husband  and  a  wife : 
Provided,  That  only  one  deduction  of  $4,000  shall  be  made  from  the 
aggregate  income  of  both  husband  and  wife  when  living  together. 

p.  Returns. — The  said  tax  shall  be  computed  upon  the  remainder  of 
said  net  income  of  each  person  subject  thereto,  accruing  during  each 
preceding  calendar  year  ending  December  thirty-first:  Provided,  how- 
ever. That  for  the  year  ending  December  thirty-first,  nineteen  hundred 
and  thirteen,  said  tax  shall  be  computed  on  the  net  income  accruing 
from  March  first  to  December  thirty-first,  nineteen  hundred  and  thir- 
teen, both  dates  inclusive,  after  deducting  five-sixths  only  of  the  specific 
exemptions  and  deductions  herein  provided  for.  On  or  before  the 
first  day  of  March,  nineteen  hundred  and  fourteen,  and  the  first  day 
of  March  in  each  j^ear  thereafter,  a  true  and  accurate  return,  under 
oath  or  affirmation,  shall  be  made  by  each  person  of  lawful  age,  except 
as  hereinafter  provided,  subject  to   the  tax  imposed  by  this  section, 


88  hillyer's  legal  manual. 

and  having  a  net  income  of  $3,000  or  over  for  the  taxable  year,  to  the 
collector  of  internal  revenue  for  the  district  in  which  such  person  re- 
sides or  has  his  principal  place  of  business,  or,  in  the  case  of  a  person 
residing  in  a  foreign  country,  in  the  place  where  his  principal  business 
is  carried  on  within  the  United  States,  in  such  form  as  the  Commis- 
sioner of  Internal  Revenue,  with  the  approval  of  the  Secretary  of  the 
Treasury,  shall  prescribe,  setting  forth  specifically  the  gross  amount 
of  income  from  all  separate  sources  and  from  the  total  thereof,  deduct- 
ing the  aggregate  items  or  expenses  and  allowances  herein  authorized; 
guardians,  trustees,  executors,  administrators,  agents,  receivers,  con- 
servators, and  all  persons,  corporations,  or  associations  acting  in  any 
fiduciary  capacity,  shall  make  and  render  a  return  of  the  net  income 
of  the  person  for  whom  they  act,  subject  to  this  tax,  coming  into  their 
custody  or  control  and  management,  and  be  subject  to  all  the  provisions 
of  this  section  which  apply  to  individuals:  Provided,  That  a  return 
made  by  one  of  two  or  more  joint  guardians,  trustees,  executors,  ad- 
ministrators, agents,  receivers,  and  conservators,  or  other  persons  act- 
ing in  a  fiduciary  capacity,  filed  in  the  district  where  such  person 
resides,  or  in  the  district  where  the  will  or  other  instrument  under 
which  he  acts  is  recorded,  under  such  regulations  as  the  Secretary  of 
the  Treasury  may  prescribe,  shall  be  a  sufficient  compliance  with  the 
requirements  of  this  paragraph;  and  also  all  persons,  firms,  companies, 
copartnerships,  corporations,  joint-stock  companies  or  associations,  and 
insurance  companies,  except  as  hereinafter  provided,  in  w^hatever 
capacity  acting,  having  the  control,  receipt,  disposal,  or  payment  of 
fixed  or  determinable  annual  or  periodical  gains,  profits,  and  income 
of  another  person  subject  to  tax,  shall  in  behalf  of  such  person  deduct 
and  withhold  from  the  payment  an  amount  equivalent  to  the  normal 
income  tax  upon  the  same  and  make  and  render  a  return,  as  afore- 
said, but  separate  and  distinct,  of  the  portion  of  the  income  of  each 
person  from  which  the  normal  tax  has  been  thus  withheld,  and  con- 
taining also  the  name  and  address  of  such  person,  or  stating  that  the 
name  and  address  or  the  address,  as  the  case  may  be,  are  unknown: 
Provided,  That  the  provision  requiring  the  normal  tax  of  individuals 
to  be  withheld  at  the  source  of  the  income  shall  not  be  construed  to 
require  any  of  such  tax  to  be  withheld  prior  to  the  first  day  of  Novem- 
ber, nineteen  hundred  and  thirteen:  Provided  further,  That  in  either 
case  above  mentioned  no  return  of  income  not  exceeding  $3,000  shall 
be  required:  Provided  further,  That  any  persons  carrying  on  business 
in  partnership  shall  be  liable  for  income  tax  only  in  their  individual 
capacity,  and  the  share  of  the  profits  of  a  partnership  to  which  any 
taxable  partner  would  be  entitled  if  the  same  were  divided,  whether 
divided  or  otherwise,  shall  be  returned  for  taxation  and  the  tax  paid, 
under  the  provisions  of  this  section,  and  any  such  firm,  when  requested 
by  the  Commissioner  of  Internal  Revenue,  or  any  district  collector, 
shall  forward  to  him  a  correct  statement  of  such  profits  and  the  names 
of  the  individuals  who  would  be  entitled  to  the  same,  if  distributed: 
Provided  further.  That  persons  liable  for  the  normal  income  tax  only, 
on  their  own  account  or  in  behalf  of  another,  shall  not  be  required  to 
make  return  of  the  income  derived  from  dividends  on  the  capital  stock 


FEDERAL  INCOME  TAX  LAW.  89 

or  from  the  net  earnino^  of  corporations,  joint-stock  companies  or  as- 
sociations, and  insurance  companies  taxable  upon  their  net  income  as 
hereinafter  provided.  Any  person  for  whom  return  has  been  made 
and  the  tax  paid,  or  to  be  paid  as  aforesaid,  shall  not  be  required  to 
make  a  return  unless  such  person  has  other  net  income,  but  only  one 
deduction  of  $3,000  shall  be  made  in  the  case  of  any  such  person.  The 
collector  or  deputy  collector  shall  require  every  list  to  be  verified  by 
the  oath  or  affirmation  of  the  party  rendering  it.  If  the  collector  or 
deputy  collector  have  reason  to  believe  that  the  amount  of  any  income 
returned  is  understated,  he  shall  give  due  notice  to  the  person  making 
the  return  to  show  cause  why  the  amount  of  the  return  should  not  be 
increased,  and  upon  proof  of  the  amount  understated  may  increase  the 
same  accordingly.  If  dissatisfied  with  the  decision  of  the  collector,  such 
person  may  submit  the  case,  with  all  the  papers,  to  the  Commissioner 
of  Internal  Revenue  for  his  decision,  and  may  furnish  sworn  testimony 
of  witnesses  to  prove  any  relevant  facts. 

E.  Assessments. — That  all  assessments  shall  be  made  by  the  Com- 
missioner of  Internal  Revenue  and  all  persons  shall  be  notified  of  the 
amount  for  which  they  are  respectively  liable  on  or  before  the  first 
day  of  June  of  each  successive  year,  and  said  assessments  shall  be  paid 
on  or  before  the  thirtieth  day  of  June,  except  in  cases  of  refusal  or 
neglect  to  make  such  return  and  in  cases  of  false  or  fraudulent  re- 
turns, in  which  cases  the  Commissioner  of  Internal  Revenue  shall,  upon 
the  discovery  thereof,  at  any  time  within  three  years  after  said  return 
is  due,  make  a  return  upon  the  information  obtained  as  provided  for 
in  this  section  or  by  existing  law,  and  the  assessment  made  by  the 
Commissioner  of  Internal  Revenue  thereon  shall  be  paid  by  such  per- 
son or  persons  immediately  upon  notification  of  the  amount  of  such 
assessment ;  and  to  any  sum  or  sums  due  and  unpaid  after  the  thirtieth 
day  of  elune  in  any  year,  and  for  ten  days  after  notice  and  demand 
thereof  by  the  collector,  there  shall  be  added  the  sum  of  5  per  centum 
on  the  amount  of  tax  unpaid,  and  interest  at  the  rate  of  1  per  centum 
per  month  upon  said  tax  from  the  time  the  same  became  due,  except 
from  the  estates  of  insane,  deceased,  or  insolvent  persons. 

Payment  at  Source. — All  persons,  firms,  copartnerships,  companies, 
corporations,  joint-stock  companies  or  associations,  and  insurance  com- 
panies, in  whatever  capacity  acting,  including  lessees,  or  mortgagors 
of  real  or  personal  property,  trustees  acting  in  any  trust  capacity, 
executors,  administrators,  agents,  receivers,  conservators,  employers, 
and  all  officers  and  employees  of  the  United  States  having  the  control, 
receipt,  custody,  disposal,  or  payment  of  interest,  rent,  salaries,  wages, 
premiums,  annuities,  compensation,  remuneration,  emoluments,  or 
other  fixed  or  determinable  annual  gains,  profits,  and  income  of  an- 
other person,  exceeding  $3,000  for  any  taxable  year,  other  than  divi- 
dends on  capital  stock,  or  from  the  net  earnings  of  corporations  and 
joint-stock  companies  or  associations  subject  to  like  tax,  who  are  re- 
quired to  make  and  render  a  return  in  behalf  of  another,  as  provided 
herein,  to  the  collector  of  his,  her.  or  its  district,  are  hereby  authorized 
and  required  to  deduct  and  withhold  from  such  annual  gains,  profits, 


90  hillyer's  legal  manual. 

and  income  such  sum  as  will  be  sufficient  to  pay  the  normal  tax  im- 
posed thereon  by  this  section,  and  shall  pay  to  the  officer  of  the  United 
States  Government  authorized  to  receive  the  same;  and  they  are  each 
hereby  made  personally  liable  for  such  tax.  In  all  cases  where  the  in- 
come tax  of  a  person  is  withheld  and  deducted  and  paid  or  to  be  paid 
at  the  source,  as  aforesaid,  such  person  shall  not  receive  the  benefit 
of  the  deduction  and  exemption  allowed  in  paragraph  C  of  this  sec- 
tion except  by  an  application  for  refund  of  the  tax  unless  he  shall, 
not  less  than  thirty  days  prior  to  the  day  on  which  the  return  of  his 
income  is  due,  file  with  the  person  who  is  required  to  withhold  and 
pay  tax  for  him,  a  signed  notice  in  writing  claiming  the  benefit  of  such 
exemption  and  thereupon  no  tax  shall  be  withheld  upon  the  amount  of 
such  exemption:  Provided,  That  if  any  person  for  tlie  purpose  of 
obtaining  any  allowance  or  reduction  by  virtue  of  a  claim  for  such 
exemption,  either  for  himself  or  for  any  other  person,  knowingly  makes 
any  false  statement  or  false  or  fraudulent  representation,  he  shall  be 
liable  to  a  penalty  of  $300;  nor  shall  any  person  under  the  foregoing 
conditions  be  allowed  the  benefit  of  any  deduction  provided  for  in  sub- 
section B  of  this  section  unless  he  shall,  not  less  than  thirty  days  prior 
to  the  day  on  which  the  return  of  his  income  is  due,  either  file  with 
the  person  who  is  required  to  withhold  and  pay  tax  for  him  a  true 
and  correct  return  of  his  annual  gains,  profits,  and  income  from  all 
other  sources,  and  also  the  deductions  asked  for,  and  the  showing  thus 
made  shall  then  become  a  part  of  the  return  to  be  made  in  his  behalf 
by  the  person  required  to  withhold  and  pay  the  tax,  or  likewise  make 
application  for  deductions  to  the  collector  of  the  district  in  which  re- 
turn is  made  or  to  be  made  for  him:  Provided  further,  That  if  such 
person  is  a  minor  or  an  insane  person,  or  is  absent  from  the  United 
States,  or  is  unable  owing  to  serious  illness  to  make  the  return  and 
application  above  provided  for,  the  return  and  application  may  be 
made  for  him  by  the  person  required  to  withhold  and  pay  the  tax,  he 
making  oath  under  the  penalties  of  this  Act  that  he  has  sufficient 
knowledge  of  the  affairs  and  property  of  his  beneficiary  to  enable  him 
to  make  a  full  and  complete  return  for  him  or  her,  and  that  the  return 
and  application  made  by  him  are  full  and  complete :  Provided  further. 
That  the  amount  of  the  normal  tax  hereinbefore  imposed  shall  be  de- 
ducted and  withheld  from  fixed  and  determinable  annual  gains,  profits, 
and  income  derived  from  interest  upon  bonds  and  mortgages,  or  deeds 
of  trust  or  other  similar  obligations  of  corporations,  joint-stock  com- 
panies or  associations,  longer  periods,  although  such  interest  does  not 
amount  to  $3,000,  subject  to  the  provisions  of  this  section  requiring 
the  tax  to  be  withheld  at  the  source  and  deducted  from  annual  income 
and  paid  to  the  Government;  and  likewise  the  amount  of  such  tax 
shall  be  deducted  and  withheld  from  coupons,  checks,  or  bills  of  ex- 
change for  or  in  payment  of  interest  upon  bonds  of  foreign  countries 
and  upon  foreign  mortgages  or  like  obligations  (not  payable  in  the 
United  States),  and  also  from  coupons,  checks,  or  bills  of  exchange 
for  or  in  payment  of  any  dividends  upon  the  stock  or  interest  upon 
the  obligations  of  foreign  corporations,  associations,  and  insurance 
companies  engaged  in  business  in  foreign  countries ;  and  the  tax  in  each 


FEDERAL  INCOME   TAX  LAW.  91 

case  shall  be  withheld  and  deducted  for  and  in  behalf  of  any  person 
subject  to  the  tax  hereinbefore  imposed,  althouo^h  such  interest,  divi- 
dends, or  other  compensation  does  not  exceed  $3,000,  by  any  banker 
or  person  who  shall  sell  or  otherwise  realize  coupons,  checks,  or  bills 
of  exchans^e  drawn  or  made  in  payment  of  any  such  interest  or  div- 
idends (not  payable  in  the  United  States),  and  any  person  who  shall 
obtain  payment  (not  in  the  United  States),  in  behalf  of  another  of 
such  dividends  and  interest  by  means  of  coupons,  checks,  or  bills  of 
exchange,  and  also  any  dealer  in  such  coupons  who  shall  purchase  the 
same  for  any  such  dividends  or  interest  (not  payable  in  the  United 
States),  otherwise  than  from  a .  banker  or  another  dealer  in  such 
coupons;  but  in  each  case  the  benefit  of  the  exemption  and  the  deduc- 
tion allowable  under  this  section  may  be  had  by  complying  with  the 
foregoing  provisions  of  this  paragraph. 

License. — All  persons,  firms,  or  corporations  undertaking  as  a  matter 
of  business  or  for  profit  the  collection  of  foreign  payments  of  such 
interest  or  dividends  by  means  of  coupons,  checks,  or  bills  of  exchange 
shall  obtain  a  license  from  the  Commissioner  of  Internal  Revenue,  and 
shall  be  subject  to  such  regulations  enabling  the  Government  to  ascer- 
tain and  verify  the  due  withholding  and  payment  of  the  income  tax 
required  to  be  withheld  and  paid  as  the  Commissioner  of  Internal 
Revenue,  with  the  approval  of  the  Secretary  of  the  Treasury,  shall 
prescribe;  and  any  person  who  shall  knowingly  undertake  to  collect 
such  payments  as  aforesaid  without  having  obtained  a  license  therefor, 
or  without  complying  w-ith  such  regulations,  shall  be  deemed  guilty  of 
a  misdemeanor  and  for  each  offense  be  fined  in  a  sum  not  exceeding 
$5,000,  or  imprisoned  for  a  term  not  exceeding  one  year,  or  both,  in 
the  discretion  of  the  court. 

Future  Contracts  Invalid. — Nothing  in  this  section  shall  be  construed 
to  release  a  taxable  person  from  liability  for  income  tax,  nor  shall 
any  contract  entered  into  after  this  Act  takes  effect  be  valid  in  regard 
to  any  Federal  income  tax  imposed  upon  a  person  liable  to  such  pay- 
ment. 

Rules  and  Regnlations. — The  tax  herein  imposed  upon  annual  gains, 
profits,  and  income  not  falling  under  the  foregoing  and  not  returned 
and  paid  by  virtue  of  the  foregoing  shall  be  assessed  by  personal  re- 
turn under  rules  and  regulations  to  be  prescribed  by  the  Commissioner 
of  Internal  Revenue  and  approved  by  the  Secretary  of  the  Treasury. 

Payment  at  Source  Restricted  to  Normal  Tax. — The  provisions  of 
this  section  relating  to  the  deduction  and  paj^ment  of  the  tax  at  the 
source  of  income  shall  only  apply  to  the  normal  tax  hereinbefore  im- 
posed upon  individuals. 

F.  Penalties. — That  if  any  person,  corporation,  joint-stock  company, 
association,  or  insurance  company  liable  to  make  the  return  or  pay 
the  tax  aforesaid  shall  refuse  or  neglect  to  make  a  return  at  the  time 
or  times  hereinbefore  specified  in  each  year,  such  person  shall  be  liable 
to  a  penalty  of  not  less  than  $20  nor  more  than  $1,000.  Any  person 
or  any  officer  of  any  corporation   required   by   law   to   make,   render, 


92 

sign,  or  verify  any  return  who  makes  any  false  or  fraudulent  return 
or  statement  with  intent  to  defeat  or  evade  the  assessment  required 
by  this  section  to  be  made  shall  be  guilty  of  a  misdemeanor,  and  shall 
be  fined  not  exceeding  $2,000  or  be  imprisoned  not  exceeding  one  year, 
or  both,  at  the  discretion  of  the  court,  with  the  costs  of  prosecution. 

G.     (a)     Corporation  Tax. — That  the  normal  tax  hereinbefore  im- 
posed upon  individuals  likewise  shall  be  levied,  assessed,  and  paid  an- 
nually upon  the  entire  net  income  arising  or  accruing  from  all  sources 
during  the  preceding  calendar  year  to   every  corporation,   joint-stock 
company   or   association,   and   every  insurance   company,   organized   in 
the  United  States,  no  matter  how  created  or  organized,  not  including 
partnerships;  but  if  organized,  authorized,  or  existing  under  the  laws 
of  any  foreign  country,  then  upon  the  amount  of  net  income  accruing 
from  business  transacted  and  capital  invested  within  the  United  States 
during   such   year:  Provided,    however.  That    nothing   in    this    section 
shall  apply  to  labor,  agricultural,  or  horticultural  organizations,  or  to 
mutual  savings  banks  not  having  a  capital  stock  represented  by  shares, 
or  to  fraternal  beneficiary  societies,   orders,   or  associations   operating 
under  the  lodge  system  or  for  the  exclusive  benefit  of  the  members  of 
a  fraternity  itself  operating  under  the  lodge  system,   and   providing 
for  the  payment  of  life,  sick,  accident,  and  other  benefits  to  the  mem- 
bers of  such  societies,  orders,  or  associations  and  dependents  of  such 
members,  nor  to  domestic  building  and  loan  associations,  nor  to  ceme- 
tery  companies,    organized    and    operated   exclusively    for   the   mutual 
benefit  of  their  members,  nor  to  any  corporation  or  association  organ- 
ized  and   operated   exclusively   for   religious,   charitable,    scientific,   or 
educational  purposes,  no  part  of  the  net  income  of  which  inures  to  the 
benefit  of  any  private  stockholder  or  individual,  nor  to  business  leagues, 
nor  to  chambers  of  commerce  or  boards   of  trade,  not  organized  for 
profit  or  no  part  of  the  net  income  of  which  inures  to  the  benefit  of 
the  private  stockholder  or  individual ;  nor  to  any  civic  league  or  organ- 
ization  not   organized   for   profit,   but    operated    exclusively   for   the 
promotion   of  social   welfare:  Provided   further,   That   there   shall  not 
be  taxed  under  this  section  any  income  derived  from  any  public  utility 
or  from  the  exercise  of  any  essential  governmental  function  accruing 
to  any  State,  Territory,  or  the  District  of  Columbia,  or  any  political 
subdivision  of  a  State,  Territory,  or  the  District  of  Columbia,  nor  any 
income  accruing  to  the  government  of  the  Philippine  Islands  or  Porto 
Rico,  or  of  any  political  subdivision  of  the  Philippine  Islands  or  Porto 
Rico:  Provided,   That  whenever  any   State,   Territory,   or  the  District 
of  Columbia,  or  any  political  subdivision  of  a  State  or  Territory,  has, 
prior  to  the  passage  of  this  Act,  entered  in  good  faith  into  a  contract 
with  any  person  or  corporation,  the  object   and  purpose  of  which  is 
to  acquire,  construct,  operate  or  maintain  a  public  utility,  no  tax  shall 
be  levied  under  the  provisions  of  this  Act  upon  the  income  derived 
from  the  operation  of  such  public  utility,  so  far  as  the  payment  thereof 
will  impose  a  loss  or  burden  upon  such  State,  Territory,  or  the  Dis- 
trict of  Columbia,  or  a  political  subdivision  of  a  State  or  Territory; 
but  this  provision  is  not  intended  to  confer  upon  such  person  or  cor- 


FEDERAL  INCOME   TAX  LAW.  93 

poration  any  financial  gain  or  exemption  or  to  relieve  such  person  or 
corporation  from  the  payment  of  a  tax  as  provided  for  in  this  section 
upon  the  part  or  portion  of  the  said  income  to  which  such  person  or 
corporation  shall  be  entitled  under  such  contract. 

(b)     Corporate  Net  Income,  How  Ascertained. — Such  net  income 
shall  be  ascertained  by  deducting  from  the  gross  amount  of  the  income 
of  such  corporation,  joint-stock  company  or  association,   or  insurance 
company,  received  within  the  year  from  all  sources  (first)  all  the  ordi- 
nary and  necessary  expenses  paid  within  the  year  in  the  maintenance 
and  operation  of  its  business  and  properties,  including  rentals  or  other 
payments  required  to  be  made  as  a  condition  to  the  continued  use  or 
possession  of   property;    (second)    all  losses   actually  sustained   within 
the  year  and  not  compensated  by  insurance  or  otherwise,  including  a 
reasonable  allowance  for  depreciation  by  use,  wear  and  tear  of  prop- 
erty,  if   any;   and  in  the   case   of  mines   a  reasonable   allowance    for 
depletion  of  ores  and  all  other  natural  deposits,  not  to  exceed  5  per 
centum  of  the  gross  value  at  the  mine  of  the  output  for  the  year  for 
which  the  computation  is  made ;  and  in  case  of  insurance  companies  the 
net  addition,  if  any,  required  by  law  to  be  made  within  the  year  to 
reserve  funds  and  the  sums  other  than  dividends  paid  within  the  year 
on  policy  and  annuity  contracts:  Provided,  That  mutual  fire  insurance 
companies  requiring  their  members  to  make  premium  deposits  to  pro- 
vide for  losses  and  expenses  shall  not  return  as  income  any  portion  of 
the  premium  deposits  returned  to  their  policy-holders,  but  shall  return 
as  taxable  income  all  income  received  by  them  from  all  other  sources 
plus  such  portions  of  the  premium  deposits  as  are  retained  by  the  com- 
panies for  purposes  other  than  the  payment  of  losses  and  expenses  and 
reinsurance  reserves:  Provided  further,  That  mutual  marine  insurance 
companies  shall  include  in  their  return  of  gross  income  gross  premiums 
collected  and  received  by  them  less  amounts  paid  for  reinsurance,  but 
shall  be  entitled  to  include  in  deductions  from  gross  income  amounts 
repaid  to  policy-holders  on  account  of  premiums  previously  paid  by 
them  and  interest  paid  upon  such  amounts  between  the  ascertainment 
thereof  and  the  payment  thereof  and  life  insurance   companies  shall 
not  include  as  income  in  any  year  such  portion  of  any  actual  premium 
received  from  any  individual  policy-holder  as  shall  have  been  paid 
back  or  credited  to  such  individual  policy-holder,  or  treated  as  an  abate- 
ment of  premium  of  such  individual  policy-holder,  within  s.uch  year; 
(third)    the  amount  of  interest  accrued  and  paid  within  the  year  on 
its  indebtedness  to  an  amount  of  such  indebtedness  not  exceeding  one- 
half  of  the  sum  of  its  interest-bearing  indebtedness  and  its  paid-up 
capital  stock  outstanding  at  the  close  of  the  year,  or  if  no  capital  stock, 
the  amount  of  interest  paid  within  the  year  on  an  amount  of  its  in- 
debtedness not  exceeding  the  amount  of  capital  employed  in  the  busi- 
ness at  the  close  of  the  year:  Provided,  That  in  case  of  indebtedness 
wholly  secured  by  collateral  the  subject  of  sale  in  ordinary  business 
of  such  corporation,  joint-stock  company,  or  association,  the  total  in- 
terest secured  and  paid  by  such  company,  corporation,  or  association 
within  the  year  on  any  such  indebtedness  may  be  deducted  as  a  part 


94  HILLYER^S  LEGAL   MANUAL. 

of  its  expense  of  doing  business:  Provided  further,  That  in  the  case 
of  bonds  or  other  indebtedness,  which  have  been  issued  with  a  guaranty 
that  the  interest  payable  thereon  shall  be  free  from  taxation,  no  de- 
duction for  the  payment  of  the  tax  herein  imposed  shall  be  allowed; 
and  in  the  case  of  a  bank,. banking  association,  loan,  or  trust  company, 
interest  paid  within  the  year  on  deposits  or  on  moneys  received  for 
investment  and  secured  by  interest-bearing  certificates  of  indebtedness 
issued  by  such  bank,  banking  association,  loan  or  trust  company; 
(fourth)  all  sums  paid  by  it  within  the  year  for  taxes  imposed  under 
the  authority  of  the  United  States  or  of  any  State  or  Territory  thereof, 
or  imposed  by  the  Government  of  any  foreign  country:  Provided,  That 
in  the  case  of  a  corporation,  joint-stock  company  or  association,  or 
insurance  company,  organized,  authorized,  or  existing  under  the  laws 
of  any  foreign  country,  such  net  income  shall  be  ascertained  by  de- 
ducting from  the  gross  amount  of  its  income  accrued  within  the  year 
from  business  transacted  and  capital  invested  within  the  United  States, 
(first)  all  the  ordinary  and  necessary  expenses  actually  paid  within 
the  year  out  of  earnings  in  the  maintenance  and  operation  of  its  busi- 
ness and  property  within  the  United  States,  including  rentals  or  other 
payments  required  to  be  made  as  a  condition  to  the  continued  use  or 
possession  of  property;  (second)  all  losses  actually  sustained  within 
the  year  in  business  conducted  by  it  within  the  United  States  and  not 
compensated  by  insurance  or  otherwise,  including  a  reasonable  allow- 
ance for  depreciation  by  use,  wear  and  tear  of  property,  if  any,  and 
in  the  case  of  mines  a  reasonable  allowance  for  depletion  of  ores  and 
all  other  natural  deposits,  not  to  exceed  5  per  centum  of  the  gross 
value  at  the  mine  of  the  output  for  the  year  for  which  the  computation 
is  made ;  and  in  case  of  insurance  companies  the  net  addition,  if  any, 
required  by  law  to  be  made  within  the  year  to  reserve  funds  and  the 
sums  other  than  dividends  paid  within  the  year  on  policy  and  annuity 
contracts :  Provided  further,  That  mutual  fire  insurance  companies 
requiring  their  members  to  make  premium  deposits  to  provide  for 
losses  and  expenses  shall  not  return  as  income  any  portion  of  the  pre- 
mium deposits  returned  to  their  policy-holders,  but  shall  return  as  tax- 
able income  all  income  received  by  them  from  all  other  sources  plus 
such  portions  of  the  premium  deposits  as  are  retained  by  the  com- 
panies for  purposes  other  than  the  payment  of  losses  and  expenses  and 
reinsurance  reserves:  Provided  further.  That  mutual  marine  insur- 
ance companies  shall  include  in  their  return  of  gross  income  gross 
premiums  collected  and  received  by  them  less  amounts  paid  for  re- 
insurance, but  shall  be  entitled  to  include  in  deductions  from  gross 
income  amounts  repaid  to  policy-holders  on  account  of  premiums  pre- 
viously paid  by  them,  and  interest  paid  upon  such  amounts  between 
the  ascertainment  thereof  and  the  payment  thereof  and  life  insurance 
companies  shall  not  include  as  income  in  any  year  such  portion  of  any 
actual  premium  received  from  any  individual  policy-holder  as  shall  have 
been  paid  back  or  credited  to  such  individual  policy-holder,  or  treated 
as  an  abatement  of  premium  of  such  individual  policy-holder,  within 
such  year;  (third)  the  amount  of  interest  accrued  and  paid  within  the 


FEDERAL  INCOME   TAX  LAW.  95 

3^ear  on  its  indebtedness  to  an  amount  of  such  indebtedness  not  ex- 
ceeding the  proportion  of  one-half  of  the  sum  of  its  interest-bearing 
indebtedness  and  its  paid-up  capital  stock  outstanding  at  the  close  of 
the  year,  or  if  no  capital  stock,  the  capital  employed  in  the  business 
at  the  close  of  the  year  which  gross  amount  of  its  income  for  the  year 
from  business  transacted  and  capital  invested  within  the  United  States 
bears  to  the  gross  amount  of  its  income  derived  from  all  sources  within 
and  without  the  United  States:  Provided,  That  in  the  case  of  bonds 
or  other  indebtedness  which  have  been  issued  with  a  guaranty  that  the 
interest  payable  thereon  shall  be  free  from  taxation,  no  deduction  for 
the  payment  of  the  tax  herein  imposed  shall  be  allowed;  (fourth)  all 
sums  paid  by  it  within  the  year  for  taxes  imposed  under  the  authority 
of  the  United  States  or  of  any  State  or  Territory  thereof  or  the  Dis- 
trict of  Columbia.  In  the  case  of  assessment  insurance  companies, 
whether  domestic  or  foreign,  the  actual  deposit  of  sums  with  State  or 
Territorial  officers,  pursuant  to  law,  as  additions  to  guarantee  or  reserve 
funds  shall  be  treated  as  being  payments  required  by  law  to  reserve 
funds. 

(c)  Period  of  Computation. — The  tax  herein  imposed  shall  be  com- 
puted upon  its  entire  net  income  accrued  within  each  preceding 
calendar  year  ending  December  thirty-first :  Provided,  however  that 
for  the  year  ending  December  thirty-first,  nineteen  hundred  and 
thirteen,  said  tax  shall  be  imposed  upon  its  entire  net  income  accrued 
within  that  portion  of  said  year  from  March  first  to  December  thirty- 
first,  both  dates  inclusive,  to  be  ascertained  by  taking  five-sixths  of 
its  entire  net  income  for  said  calendar  year:  Provided  further.  That 
any  corporation,  joint-stock  company  or  association,  or  insurance  com- 
pany subject  to  this  tax  may  designate  the  last  day  of  any  month  in 
the  year  as  the  day  of  the  closing  of  its  fiscal  year  and  shall  be  en- 
titled to  have  the  tax  payable  by  it  computed  upon  the  basis  of  the 
net  income  ascertained  as  herein  provided  for  the  year  ending  on  the 
day  so  designated  in  the  year  preceding  the  date  of  assessment  instead 
of  upon  the  basis  of  the  net  income  for  the  calendar  year  preceding 
the  date  of  assessment;  and  it  shall  give  notice  of  the  day  it  has  thus 
designated  as  the  closing  of  its  fiscal  year  to  the  collector  of  the  dis- 
trict in  which  its  principal  business  office  is  located  at  any  time  not 
less  than  thirty  days  prior  to  the  date  upon  which  its  annual  return 
shall  be  filed. 

Annual  Return  of  Corporations. — All  corporations,  joint-stock  com- 
panies or  associations,  and  insurance  companies  subject  to  tlTe  tax 
herein  imposed,  computing  taxes  upon  the  income  of  the  calendar  year, 
shall,  on  or  before  the  first  day  of  March,  nineteen  hundred  and  four- 
teen, and  the  first  day  of  March  in  each  year  thereafter,  and  all  cor- 
porations, joint-stock  companies  or  associations,  and  insurance  com- 
panies, computing  taxes  upon  the  income  of  a  fiscal  year  which  it 
may  designate  in  the  manner  hereinbefore  provided,  shall  render  a 
like  return  within  sixty  days  after  the  close  of  its  said  fiscal  year,  and 
within  sixty  days  after  the  close  of  its  fiscal  year  in  each  year  there- 
after, or  in  the  case  of  a  corporation,  joint-stock  company  or  associa- 


96  HILLYER^S  LEGxVL   MANUAL. 

tion,  or  insurance  company,  organized  or  existing  under  the  laws  of 
a  foreign  country,  in  the  place  where  its  principal  business  is  located 
within  the  United  States,  in  such  form  as  the  Commissioner  of  Internal 
Revenue,  with  the  approval  of  the  Secretary  of  the  Treasury,  shall 
prescribe,  shall  render  a  true  and  accurate  return  under  oath  or  affirma- 
tion of  its  president,  vice-president,  or  other  principal  officer,  and  its 
treasurer  or  assistant  treasurer,  to  the  collector  of  internal  revenue 
for  the  district  in  which  it  has  its  principal  place  of  business,  setting 
forth  (first)  the  total  amount  of  its  paid-up  capital  stock  outstanding, 
or  if  no  capital  stock,  its  capital  employed  in  business,  at  the  close 
of  the  year;  (second)  the  total  amount  of  its  bonded  and  other  indebted- 
ness at  the  close  of  the  year;  (third)  the  gross  amount  of  its  income, 
received  during  such  year  from  all  sources  and  if  organized  under  the 
laws  of  a  foreign  country  the  gross  amount  of  its  income  received 
within  the  year  from  business  transacted  and  capital  invested  within 
the  United  States;  (fourth)  the  total  amount  of  all  its  ordinary  and 
necessary  expenses  paid  out  of  earnings  in  the  maintenance  and  opera- 
tion of  the  business  and  properties  of  such  corporation,  joint-stock 
company  or  association,  or  insurance  company  within  the  year,  stat- 
ing separately  all  rentals  or  other  payments  required  to  be  made  as 
a  condition  to  the  continued  use  or  possession  of  property,  and  if 
organized  under  the  laws  of  a  foreign  country  the  amount  so  paid  in 
the  maintenance  and  operation  of  its  business  within  the  United  States; 
(fifth)  the  total  amount  of  all  losses  actually  sustained  during  the 
year  and  not  compensated  by  insurance  or  otherwise,  stating  separately 
any  amounts  allowed  for  depreciation  of  property,  and  in  case  of  in- 
surance companies  the  net  addition,  if  any,  required  by  law  to  be  made 
within  the  year  to  reserve  funds  and  the  sums  other  than  dividends  paid 
within  the  year  on  policy  and  annuity  contracts:  Provided  further. 
That  mutual  fire  insurance  companies  requiring  their  members  to  make 
premium  deposits  to  provide  for  losses  and  expenses  shall  not  return 
as  income  any  portion  of  the  premium  deposits  returned  to  their  policy- 
holders, but  shall  return  as  taxable  income  all  income  received  by  them 
from  all  other  sources  plus  such  portions  of  the  premium  deposits  as  are 
retained  by  the  companies  for  purposes  other  than  the  payment  of  losses 
and  expenses  and  reinsurance  reserves:  Provided  further,  That  mutual 
marine  insurance  companies  shall  include  in  their  return  of  gross  in- 
come gross  premiums  collected  and  received  by  them  less  amounts  paid 
for  reinsurance,  but  shall  be  entitled  to  include  in  deductions  from  gross 
income  amounts  paid  to  policy-holders  on  account  of  premiums  pre- 
viously paid  by  them,  and  interest  paid  upon  such  amounts  between 
the  ascertainment  thereof  and  the  payment  thereof  and  life  insurance 
companies  shall  not  include  as  income  in  any  year  such  portion  of  any 
actual  premium  received  from  any  individual  policy-holder  as  shall 
have  been  paid  back  or  credited  to  such  individual  policy-holder,  or 
treated  as  an  abatement  of  premium  of  such  individual  policy-holder, 
within  such  year;  and  in  case  of  a  corporation,  joint-stock  company 
or  association,  or  insurance  company,  organized  under  the  laws  of  a 
foreign  country,  all  losses  actually  sustained  by  it  during  the  year  in 


FEDERAL  INCOME  TAX  LAW.  97 

business  conducted  by  it  within  the  United  States,  not  compensated  by 
insurance  or  otherwise,  stating  separately  any  amounts  allowed  for 
depreciation  of  property,  and  in  case  of  insurance  companies  the  net 
addition,  if  any,  required  by  law  to  be  made  within  the  year  to  reserve 
funds  and  the  sums  other  than  dividends  paid  within  the  year  on  policy 
and  annuity  contracts:  Provided  further,  That  mutual  fire  insurance 
companies  requiring  their  members  to  make  premium  deposits  to  pro- 
vide for  losses  and  expenses  shall  not  return  as  income  any  portion  of 
the  premium  deposits  returned  to  their  policy-holders,  but  shall  return 
as  taxable  income  all  income  received  by  them  from  all  other  sources 
plus  such  portions  of  the  premium  deposits  as  are  retained  by  the  com- 
panies for  purposes  other  than  the  payment  of  losses  and  expenses  and 
reinsurance  reserves:  Provided  further.  That  mutual  marine  insurance 
companies  shall  include  in  their  return  of  gross  income  gross  premiums 
collected  and  received  by  them  less  amounts  paid  for  reinsurance,  but 
shall  be  entitled  to  include  in  deductions  from  gross  income  amounts  re- 
paid to  policy-holders  on  account  of  premiums  previously  paid  by  them 
and  interest  paid  upon  such  amounts  between  the  ascertainment  thereof 
and  the  payment  thereof  and  life  insurance  companies  shall  not  include 
as  income  in  any  year  such  portion  of  any  actual  premium  received 
from  any  individual  policy-holder  as  shall  have  been  paid  back  or  cred- 
ited to  such  individual  policy-holder,  or  treated  as  an  abatement  of 
premium  of  such  individual  policy-holder,  within  such  year;  (sixth)  the 
amount  of  interest  accrued  and  paid  within  the  year  on  its  bonded  or 
other  indebtedness  not  exceeding  one-half  of  the  sum  of  its  interest- 
bearing  indebtedness  and  its  paid-up  capital  stock,  outstanding  at  the 
close  of  the  year,  or  if  no  capital  stock,  the  amount  of  interest  paid 
within  the  year  on  an  amount  of  indebtedness  not  exceeding  the  amount 
of  capital  employed  in  the  business  at  the  close  of  the  year,  and  in  the 
case  of  a  bank,  banking  association,  or  trust  company,  stating  separately 
all  interest  paid  by  it  within  the  year  on  deposits;  or  in  case  of  a 
corporation,  joint-stock  company  or  association,  or  insurance  company, 
organized  under  the  laws  of  a  foreign  country,  interest  so  paid  on  its 
bonded  or  other  indebtedness  to  an  amount  of  such  bonded  or  other 
indebtedness  not  exceeding  the  proportion  of  its  paid-up  capital  stock 
outstanding  at  the  close  of  the  year,  or  if  no  capital  stock,  the  amount 
of  capital  employed  in  the  business  at  the  close  of  the  year,  which 
the  gross  amount  of  its  income  for  the  year  from  business  transacted 
and  capital  invested  within  the  United  States  bear  to  the  gross  amount 
of  its  income  derived  from  all  sources  within  and  without  the  United 
States;  (seventh)  the  amount  paid  by  it  within  the  year  for  taxes 
imposed  under  the  authority  of  the  United  States  and  separately  the 
amount  so  paid  bv  it  for  taxes  imposed  by  the  Government  of  any 
foreign  country;  (eighth)  the  net  income  of  such  corporation,  joint- 
stock  company  or  association,  or  insurance  company,  after  making  the 
deductions  in  this  subsection  authorized.  All  such  returns  shall  as  re- 
ceived be  transmitted  forthwith  by  the  collector  to  the  Commissioner  of 
Internal  Revenue. 


98  HILLYER^S  LEGAL   MANUAL. 

Corporation  Assessment  and  Payment. — ^All  assessments  shall  be 
made  and  the  several  corporations,  joint-stock  companies  or  associa- 
tions, and  insurance  companies  shall  be  notified  of  the  amount  for  which 
they  are  respectively  liable  on  or  before  the  first  day  of  June  of  each 
successive  year,  and  said  assessment  shall  be  paid  on  or  before  the 
thirtieth  day  of  June:  Provided,  That  every  corporation,  joint-stock 
company  or  association,  and  insurance  company,  computing  taxes  upon 
the  income  of  the  fiscal  year  which  it  may  designate  in  the  manner  here- 
inbefore provided,  shall  pay  the  taxes  due  under  its  assessment  within 
one  hundred  and  twenty  days  after  the  date  upon  which  it  is  required 
to  file  its  list  or  return  of  income  for  assessment;  except  in  cases  of 
refusal  or  neglect  to  make  such  return,  and  in  cases  of  false  or  fraud- 
ulent returns,  in  which  cases  the  Commissioner  of  Internal  Revenue 
shall,  upon  the  discovery  thereof,  at  any  time  within  three  years  after 
said  return  is  due,  make  a  return  upon  information  obtained  as  pro- 
vided for  in  this  section  or  by  existing  law,  and  the  assessment  made  by 
the  Commissioner  of  Internal  Revenue  thereon  shall  be  paid  by  such 
corporation,  joint-stock  company  or  association,  or  insurance  company 
immediately  upon  notification  of  the  amount  of  such  assessment ;  and  to 
any  sum  or  sums  due  and  unpaid  after  the  thirtieth  day  of  June  in  any 
year,  or  after  one  hundred  and  twenty  days  from  the  date  on  which 
the  return  of  income  is  required  to  be  made  by  the  taxpayer,  and  after 
ten  days'  notice  and  demand  thereof  by  the  collector,  there  shall  be 
added  the  sum  of  5  per  centum  on  the  amount  of  tax  unpaid  and  in- 
terest at  the  rate  of  1  per  centum  per  month  upon  said  tax  from  the 
time  the  same  becomes  due. 

(d)  Inspection  of  Returns. — When  the  assessment  shall  be  made  as 
provided  in  this  section,  the  returns,  together  with  any  corrections 
thereof  which  may  have  been  made  by  the  commissioner,  shall  be  filed  in 
the  office  of  the  Commissioner  of  Internal  Revenue  and  shall  constitute 
public  records  and  be  open  to  inspection  as  such :  Provided,  That  any 
and  all  such  returns  shall  be  open  to  inspection  only  upon  the  order 
of  the  President,  under  rules  and  regulations  to  be  prescribed  by  the 
Secretary  of  the  Treasury  and  approved  by  the  President :  Provided  fur- 
ther, That  the  proper  officers  of  any  State  imposing  a  general  income  tax 
may,  upon  the  request  of  the  governor  thereof,  have  access  to  said  returns 
or  to  an  abstract  thereof,  showing  the  name  and  income  of  each  such 
corporation,  joint-stock  company,  association  or  insurance  company,  at 
such  times  and  in  such  manner  as  the  Secretary  of  the  Treasury  may 
prescribe. 

Penalty  for  Nonreturn  or  False  Return. — If  any  of  the  corporations, 
joint-stock  companies  or  associations,  or  insurance  companies  aforesaid, 
shall  refuse  or  neglect  to  make  a  return  at  the  time  or  times  hereinbefore 
specified  in  each  year,  or  shall  render  a  false  or  fraudulent  return,  such 
corporation,  joint-stock  company  or  association,  or  insurance  company 
shall  be  liable  to  a  penalty  of  not  exceeding  $10,000. 

H.  "State"'  and  ** United  States"  Defined.— That  the  word 
''State"  or  ''United  States"  when  used  in  this  section  shall  be  construed 
to  include  any  Territory,  Alaska,  the  District  of  Columbia,  Porto  Rico, 


FEDERAL  INCOME  TAX  LAW.  99 

and  the  Philippine  Islands,  when  such  construction  is  necessary  to  carry- 
out  its  provisions. 

I.  Amendments  to  Revised  Statutes. — That  sections  thirty-one  hun- 
dred and  sixty-seven,  thirty-one  hundred  and  seventy-two,  thirty-one 
hundred  and  seventy-three,  and  thirty-one  hundred  and  seventy-six  of 
the  Revised  Statutes  of  the  United  States  as  amended  are  hereby 
amended  so  as  to  read  as  follows : 

"Sec.  3167.  Divulging  Information. — It  shall  be  unlawful  for  any 
collector,  deputy  collector,  agent,  clerk,  or  other  officer  or  employee  of 
the  United  States  to  divulge  or  to  make  known  in  any  manner  whatever 
not  provided  by  law  to  any  person  the  operations,  style  of  work,  or  ap- 
paratus of  any  manufacturer  or  producer  visited  by  him  in  the  discharge 
of  his  official  duties,  or  the  amount  or  source  of  income,  profits,  losses, 
expenditures,  or  any  particular  thereof,  set  forth  or  disclosed  in  any  in- 
come return  by  any  person  or  corporation,  or  to  permit  any  income 
return  or  copy  thereof  or  any  book  containing  any  abstract  or  partic- 
ulars thereof  to  be  seen  or  examined  by  any  person  except  as  provided 
by  law;  and  it  shall  be  unlawful  for  any  person  to  print  or  publish  in 
any  manner  whatever  not  provided  by  law  any  income  return  or  any 
part  thereof  or  the  amount  or  source  of  income,  profits,  losses,  or  ex- 
penditures appearing  in  any  income  return ;  and  any  offense  against  the 
foregoing  provision  shall  be  a  misdemeanor  and  be  punished  by  a  fine 
not  exceeding  $1,000  or  by  imprisonment  not  exceeding  one  year,  or 
both,  at  the  discretion  of  the  court;  and  if  the  offender  be  an  officer  or 
employee  of  the  United  States  he  shall  be  dismissed  from  office  and  be 
incapable  thereafter  of  holding  any  office  under  the  Government. 

"Sec.  3172.  Investigating  Expeditions. — Every  collector  shall, 
from  time  to  time,  cause  his  deputies  to  proceed  through  every  part  of 
his  district  and  inquire  after  and  concerning  all  persons  therein  who 
are  liable  to  pay  any  internal-revenue  tax,  and  all  persons  ow^ning  or 
having  the  care  and  management  of  any  objects  liable  to  pay  any  tax, 
and  to  make  a  list  of  such  persons  and  enumerate  said  objects. 

"Sec.  3173.  Annual  List. — It  shall  be  the  duty  of  any  person,  part- 
nership, firm,  association  or  corporation,  made  liable  to  any  duty,  special 
tax,  or  other  tax  imposed  by  law%  when  not  otherwise  provided  for,  in 
case  of  a  special  tax,  on  or  before  the  thirty-first  day  of  July  in  each 
year,  in  case  of  income  tax  on  or  before  the  first  day  of  March  in  each 
year,  and  in  other  cases  before  the  day  on  which  the  taxes  accrue,  to 
make  a  list  or  return,  verified  by  oath  or  affirmation,  to  the  collector  or  a 
deputy  collector  of  the  district  where  located,  of  the  articles  or  objects, 
including  the  amount  of  annual  income  charged  with  a  duty  or  tax, 
the  quantity  of  goods,  wares,  and  merchandise  made  or  sold  and  charged 
with  a  tax,  the  several  rates  and  aggregate  amount,  according  to  the 
forms  and  regulations  to  be  prescribed  by  the  Commissioner  of  Internal 
Revenue,  with  the  approval  of  the  Secretary  of  the  Treasury,  for  which 
such  person,  partnership,  firm,  association,  or  corporation  is  liable: 
Provided,  That  if  any  person  liable  to  pay  any  duty  or  tax,  or  owning, 
possessing,  or  having  the  care  or  management  of  property,  goods,  wares, 


100  hillyer's  legal  manual. 

and  merchandise,  articles  or  objects  liable  to  pay  any  duty,  tax,  or 
license,  shall  fail  to  make  and  exhibit  a  list  or  return  required  by  law, 
but  shall  consent  to  disclose  the  particulars  of  any  and  all  the  property, 
goods,  wares,  and  merchandise,  articles,  and  objects  liable  to  pay  any 
duty  or  tax,  or  any  business  or  occupation  liable  to  pay  any  tax  las 
aforesaid,  then,  and  in  that  case,  it  shall  be  the  duty  of  the  collector  or 
deputy  collector  to  make  such  list  or  return,  which,  being  distinctly  read, 
consented  to,  and  signed  and  verified  by  oath  or  affirmation  by  the  per- 
son so  owning,  possessing,  or  having  the  care  and  management  as  afore- 
said, may  be  received  as  the  list  of  such  person :  Provided  further.  That 
in  case  no  annual  list  or  return  has  been  rendered  by  such  person  to  the 
collector  or  deputy  collector  as  required  by  law,  and  the  person  shall  be 
absent  from  his  or  her  residence  or  place  of  business  at  the  time  the 
collector  or  a  deputy  collector  shall  call  for  the  annual  list  or  return,  it 
shall  be  the  duty  of  such  collector  or  deputy  collector  to  leave  at  such 
place  of  residence  or  business,  with  some  one  of  suitable  age  and  discre- 
tion, if  such  be  present,  otherwise  to  deposit  in  the  nearest  postoffice,  a 
note  or  memorandum  addressed  to  such  person,  requiring  him  or  her 
to  render  to  such  collector  or  deputy  collector  the  list  or  return  required 
by  law  within  ten  days  from  the  date  of  such  note  or  memorandum,  ver- 
ified by  oath  or  affirmation.  And  if  any  person,  on  being  notified  or 
required  as  aforesaid,  shall  refuse  or  neglect  to  render  such  list  or  return 
within  the  time  required  as  aforesaid,  or  whenever  any  person  who  is 
required  to  deliver  a  monthly  or  other  return  of  objects  subject  to  tax 
fails  to  do  so  at  the  time  required,  or  delivers  any  return  which,  in  the 
opinion  of  the  collector,  is  false  or  fraudulent,  or  contains  any  under- 
valuation or  understatement,  it  shall  be  lawful  for  the  collector  to  sum- 
mon such  person,  or  any  other  person  having  possession,  custody,  or  care 
of  books  of  account  containing  entries  relating  to  the  business  of  such  per- 
son, or  any  other  person  he  may  deem  proper,  to  appear  before  him  and 
produce  such  books,  at  a  time  and  place  named  in  the  summons,  and  to 
give  testimony  or  answer  interrogatories,  under  oath,  respecting  any  ob- 
jects liable  to  tax  or  the  returns  thereof.  The  collector  may  summon  any 
person  residing  or  found  within  the  State  in  which  his  district  lies ;  and 
when  the  person  intended  to  be  summoned  does  not  reside  and  cannot  be 
found  within  such  State,  he  may  enter  any  collection  district  where  such 
person  may  be  found  and  there  make  the  examination  herein  authorized. 
And  to  this  end  he  may  there  exercise  all  the  authority  which  he  might 
lawfully  exercise  in  the  district  for  which  he  was  commissioned. 

''Sec.  3176.  Neglect  to  Render  Return  or  False  Return. — When 
any  person,  corporation,  company,  or  association  refuses  or  neglects 
to  render  any  return  or  list  required  by  law,  or  renders  a  false  or 
fraudulent  return  or  list,  the  collector  or  any  deputy  collector  shall 
make,  according  to  the  best  information  which  he  can  obtain,  in- 
cluding that  derived  from  the  evidence  elicited  by  the  examination 
of  the  collector,  and  on  his  own  view  and  information,  such  list  or 
return,  according:  to  the  form  prescribed,  of  the  income,  property, 
and  objects  liable  to  tax  owned  or  possessed  or  under  the  care  or 
management  of  such  person  or  corporation,  company  or  association,  and  i 
the  Commissioner  of  Internal  Kevenue  shall  assess  all  taxes  not  paid  by  , 


FEDERAL  INCOME  TAX  LAW.  101 

stamps,  including  the  amount,  if  any,  due  for  special  tax,  income  or 
other  tax,  and  in  case  of  any  return  of  a  false  or  fraudulent  list  or  valua- 
tion intentionally  he  shall  add  100  per  centum  to  such  tax ;  and  in  case 
of  a  refusal  or  neglect,  except  in  cases  of  sickness  or  absence,  to  make 
a  list  or  return,  or  to  verify  the  same  as  aforesaid,  he  shall  add  50  per 
centum  to  such  tax.  In  case  of  neglect  occasioned  by  sickness  or  absence 
as  aforesaid  the  collector  may  allow  such  further  time  for  making  and 
delivering  such  list  or  return  as  he  may  deem  necessary,  not  exceeding 
thirty  days.  The  amount  so  added  to  the  tax  shall  be  collected  at  the 
same  time  and  in  the  same  manner  as  the  tax  unless  the  neglect  or 
falsity  is  discovered  after  the  tax  has  been  paid,  in  which  case  the 
amount  so  added  shall  be  collected  in  the  same  manner  as  the  tax ;  and 
the  list  or  return  so  made  and  subscribed  by  such  collector  or  deputy 
collector  shall  be  held  prima  facie  good  and  sufficient  for  all  legal  pur- 
poses. ' ' 

J.  Receipts  for  Taxes. — That  it  shall  be  the  duty  of  every  collector 
of  internal  revenue,  to  whom  any  payment  of  any  taxes  other  than  the 
tax  represented  by  an  adhesive  stamp  or  other  engraved  stamp  is  made 
under  the  provisions  of  this  section,  to  give  to  the  person  making  such 
payment  a  full  written  or  printed  receipt,  expressing  the  amount  paid 
and  the  particular  account  for  which  such  payment  was  made;  and 
whenever  such  payment  is  made  such  collector  shall,  if  required,  give  a 
separate  receipt  for  each  tax  paid  by  any  debtor,  on  account  of  pay- 
ments made  to  or  to  be  made  by  him  to  separate  creditors  in  such  form 
that  such  debtor  can  conveniently  produce  the  same  separately  to  his 
several  creditors  in  satisfaction  of  their  respective  demands  to  the 
amounts  specified  in  such  receipts;  and  such  receipts  shall  be  sufficient 
evidence  in  favor  of  such  debtor  to  justify  him  in  withholding  the 
amount  therein  expressed  from  his  next  payment  to  his  creditor;  but 
such  creditor  may,  upon  giving  to  his  debtor  a  full  written  receipt, 
acknowledging  the  payment  to  him  of  whatever  sum  may  be  actually 
paid,  and  accepting  the  amount  of  tax  paid  as  aforesaid  (specifying 
the  same)  as  a  further  satisfaction  of  the  debt  to  that  amount,  require 
the  surrender  to  him  of  such  collector's  receipt. 

K.  Jurisdiction  of  District  Courts. — That  jurisdiction  is  hereby 
conferred  upon  the  district  courts  of  the  United  States  for  the  district 
within  which  any  person  summoned  under  this  section  to  appear  to  tes- 
tify or  to  produce  books  shall  reside,  to  compel  such  attendance,  produc- 
tion of  books,  and  testimony  by  appropriate  process. 

L.  Provisions  Continued  in  Force. — That  all  administrative,  special, 
and  general  provisions  of  law,  including  the  laws  in  relation  to  the  as- 
sessment, remission,  collection,  and  refund  of  internal-revenue  taxes  not 
heretofore  specificallj^  repealed  and  not  inconsistent  with  the  provisions 
of  this  section,  are  hereby  extended  and  made  applicable  to  all  the  pro- 
visions of  this  section  and  to  the  tax  herein  imposed. 

M.  Porto  Rico  and  Philippines. — That  the  provisions  of  this  section 
shall  extend  to  Porto  Rico  and  the  Philippine  Islands:  Provided,  That 
the  administration  of  the  law  and  the  collection  of  the  taxes  imposed  in 


102 

Porto  Rico  and  the  Philippine  Islands  shall  be  by  the  appropriate  in- 
ternal-revenue officers  of  those  sfovernments,  and  all  revenues  collected  in 
Porto  Rico  and  the  Philippine  Islands  thereunder  shall  accrue  intact  to 
the  general  governments,  thereof,  respectively:  And  provided  further. 
That  the  jurisdiction  in  this  section  conferred  upon  the  district  courts 
of  the  United  States  shall,  so  far  as  the  Philippine  Islands  are  concerned, 
be  vested  in  the  courts  of  the  first  instance  of  said  islands :  And  provided 
further.  That  nothing  in  this  section  shall  be  held  to  exclude  from  the 
computation  of  the  net  income  the  compensation  paid  any  official  by  the 
governments  of  the  District  of  Columbia,  Porto  Rico  and  the  Philippine 
Islands  or  the  political  subdivisions  thereof. 

N.  Appropriation. — That  for  the  purpose  of  carrying  into  effect 
the  provisions  of  Section  II  of  this  Act,  and  to  pay  the  expenses  of  as- 
sessing and  collecting  the  income  tax  therein  imposed,  and  to  pay  such 
sums  as  the  Commissioner  of  Internal  Revenue,  with  the  approval  of  the 
Secretary  of  the  Treasury,  may  deem  necessary,  for  information,  detec- 
tion, and  bringing  to  trial  and  punishment  persons  guilty  of  violating 
the  provisions  of  this  section,  or  conniving  at  the  same,  in  cases  where 
such  expenses  are  not  otherwise  provided  for  by  law,  there  is  hereby 
appropriated  out  of  any  money  in  the  Treasury  not  otherwise  appro- 
priated for  the  fiscal  year  ending  June  thirtieth,  nineteen  hundred  and 
fourteen,  the  sum  of  $800,000,  and  the  Commissioner  of  Internal 
Revenue,  with  the  approval  of  the  Secretary  of  the  Treasury,  is  au- 
thorized to  appoint  and  pay  from  this  appropriation  all  necessary  of- 
ficers, agents,  inspectors,  deputy  collectors,  clerks,  messengers  and 
janitors,  and  to  rent  such  quarters,  purchase  such  supplies,  equipment, 
mechanical  devices,  and  other  articles  as  may  be  necessary  for  employ- 
ment or  use  in  the  District  of  Columbia  or  any  collection  district  in  the 
United  States,  or  any  of  the  Territories  thereof:  Provided,  That  no 
agent  paid  from  this  appropriation  shall  receive  compensation  at  a  rate 
higher  than  that  now  received  by  traveling  agents  on  accounts  in  the 
Internal  Revenue  Service,  and  no  inspector  shall  receive  a  compensation 
higher  than  $5  a  day  and  $3  additional  in  lieu  of  subsistence,  and  no 
deputy  collector,  clerk,  messenger,  or  other  employee  shall  be  paid  at 
a  rate  of  compensation  higher  than  the  rate  now  being  paid  for  the 
same  or  similar  work  in  the  Internal  Revenue  Service. 

Additional  Officials. — In  the  office  of  the  Commissioner  of  Internal 
Revenue  at  Washington,  District  of  Columbia,  there  shall  be  appointed 
by  the  Commissioner  of  Internal  Revenue,  with  the  approval  of  the 
Secretary  of  the  Treasury  one  additional  deputy  commissioner,  at  a 
salary  of  $4,000  per  annum ;  two  heads  of  divisions,  whose  compensation 
shall  not  exceed  $2,500  per  annum;  and  such  other  clerks,  messengers, 
and  employees,  and  to  rent  such  quarters  and  to  purchase  such  supplies 
as  may  be  necessary :  Provided,  That  for  a  period  of  two  years  from  and 
after  the  passage  of  this  Act  the  force  of  agents,  deputy  collectors,  in- 
spectors, and  other  employees  not  including  the  clerical  force  below  the 
grade  of  chief  of  division  employed  in  the  Bureau  of  Internal  Revenue 
in  the  city  of  Washington,  District  of  Columbia,  authorized  by  this  sec- 
tion of  this  Act  shall  be  appointed  by  the  Commissioner  of  Internal 


FEDERAL  INCOME  TAX  LAW.  103 

Eevenue,  with  the  approval  of  the  Secretary  of  the  Treasury,  under  such 
rules  and  reojulations  as  may  be  fixed  by  the  Secretary  of  the  Treasury 
to  insure  faithful  and  competent  service,  and  with  such  compensation  as 
the  Commissioner  of  Internal  Revenue  may  fix,  with  the  approval  of 
the  Secretary  of  the  Treasury,  within  the  limitations  herein  prescribed : 
Provided  further,  That  the  force  authorized  to  carry  out  the  provisions 
of  Section  II  of  this  Act,  when  not  employed  as  herein  provided,  shall  be 
employed  on  general  internal-revenue  work. 

Portion  of  Subdivision  *'S"  of  Section  IV  of  the  Tariff  Act- 
Continuation  in  Force  of  the  Present  Corporation  Excise  Tax  for 
Certain  Purposes. — Provided  further.  That  all  excise  taxes  upon  cor- 
porations imposed  by  section  thirtj^'-eight,  that  have  accrued  or  have 
been  imposed  for  the  year  ending  December  thirty-first,  nineteen  hun- 
dred and  twelve,  shall  be  returned,  assessed,  and  collected  in  the  same 
manner,  and  under  the  same  provisions,  liens,  and  penalties  as  if  sec- 
tion thirty-eight  continued  in  force  and  effect:  And  provided  further, 
That  a  special  excise  tax  with  respect  to  the  carrying  on  or  doing  of  busi- 
ness, equivalent  to  1  per  centum  upon  their  entire  net  income,  shall  be 
levied,  assessed,  and  collected  upon  corporations,  joint-stock  companies 
or  associations,  and  insurance  companies,  of  the  character  described  in 
section  thirty-eight  of  the  Act  of  August  fifth,  nineteen  hundred  and 
nine,  for  the  period  from  January  first  to  February  twenty-eighth,  nine- 
teen hundred  and  thirteen,  both  dates  inclusive,  which  said  tax  .shall 
be  computed  upon  one-sixth  of  the  entire  net  income  of  said  corpora- 
tions, joint-stock  companies  or  associations,  and  insurance  companies,  for 
said  year,  said  net  income  to  be  ascertained  in  accordance  with  the  pro- 
visions of  subsection  G  of  section  two  of  this  Act :  Provided  further, 
That  the  provisions  of  said  section  thirty-eight  of  the  Act  of  August  fifth, 
nineteen  hundred  and  nine,  relative  to  the  collection  of  the  tax  therein 
imposed  shall  remain  in  force  for  the  collection  of  the  excise  tax  herein 
provided,  but  for  the  year  nineteen  hundred  and  thirteen  it  .shall  not 
be  necessary  to  make  more  than  one  return  and  assessment  for  all  the 
taxes  imposed  herein  upon  said  corporations,  joint-stock  companies  or 
associations,  and  insurance  companies,  either  by  way  of  income  or  excise, 
which  return  and  assessment  shall  be  made  at  the  time  and  in  the  man- 
ner provided  in  this  Act ;  but  the  repeal  of  existing  laws  or  modifications 
thereof  embraced  in  this  Act  shall  not  affect  any  act  done,  or  any  right 
accruing  or  accrued,  or  any  suit  or  proceeding  had  or  commenced  in 
any  civil  case  before  the  said  repeal  or  modification;  but  all  rights  and 
liabilities  under  said  laws  shall  continue  and  may  be  enforced  in  the 
same  manner  as  if  said  repeal  or  modification  had  not  been  made.  Any 
offenses  committed  and  all  penalties  or  forfeitures  or  liabilities  incurred 
prior  to  the  passage  of  this  Act  under  any  statute  embraced  in  or 
changed,  modified,  or  repealed  by  this  Act  may  be  prosecuted  or  pun- 
ished in  the  same  manner  and  with  the  same  effect  as  if  this  Act  had  not 
been  passed.  No  Act  of  limitation  now  in  force,  whether  applicable  to 
civil  causes  and  proceedings  or  to  the  prosecution  of  offenses  or  for  the 
recovery  of  penalties  or  forfeitures  embraced  in  or  modified,  changed,  or 
repealed  by  this  Act  shall  be  affected  thereby  so  far  as  they  affect  any 


104  HILLYER^S  LEGAL   MANUAL. 

suits,  proceedings,  or  prosecutions,  whether  civil  or  criminal,  for  causes 
arising  or  acts  done  or  committed  prior  to  the  passage  of  this  Act,  which 
may  be  commenced  and  prosecuted  within  the  same  time  and  with  the 
same  effect  as  if  this  Act  had  not  been  passed. 

T.  Invalid  Provision  not  to  Affect  Others. — If  any  clause,  sen- 
tence, paragraph,  or  part  of  this  Act  shall  for  any  reason  be  adjudged 
by  any  court  of  competent  jurisdiction  to  be  invalid,  such  judgment 
shall  not  affect,  impair,  or  invalidate  the  remainder  of  said  Act,  but  shall 
be  confined  in  its  operation  to  the  clause,  sentence,  paragraph,  or  part 
thereof  directly  involved  in  the  controversy  in  which  such  judgment 
shall  have  been  rendered. 

U.  When  Effective. — That  unless  otherwise  herein  specially  pro- 
vided, this  Act  shall  take  effect  on  the  day  following  its  passage. 

Approved  9  :10  P.  M.,  October  3,  1913. 


INSTRUCTIONS  OF  THE  UNITED  STATES  TREAS- 
URER REGARDING  THE  INCOME  TAX. 

Regulations  regarding  the  deduction  of  the  Income  Tax  at  the  source 
on  interest  maturing  on  bonds,  notes  and  other  similar  obligations  of 
corporations,  joint-stock  companies  or  associations,  and  insurance  com- 
panies under  th-e  provisions  of  Section  2  of  the  Act  of  October  3,  1913 : 

Tax  to  be  Deducted  at  Source. — Under  the  Income  Tax  Law  enacted 
October  3,  1913,  a  tax  of  one  per  cent,  designated  in  the  law  as  the  nor- 
mal tax,  shall  be  deducted  at  ''the  source,"  beginning  November  1,  1913, 
from  all  income  accruing  and  payable  to 

Every  citizen  of  the  United  States  whether  residing  at  home  or  abroad, 
and  to 

Every  person  residing  in  the  United  States  though  not  a  citizen  thereof 
which  may  be  derived  from  interest  upon  bonds  and  mortgages  or  deeds 
of  trust  or  other  similar  obligations,  including  equipment,  trust  agree- 
ments and  receivers'  certificates,  of  corporations,  joint-stock  companies 
or  associations,  and  insurance  companies,  although  such  interest  does  not 
amount  to  $3,000,  excepting  only  the  interest  upon  the  obligations  of  the 
United  States  or  its  possessions,  or  a  State  or  any  political  subdivision 
thereof. 

The  term  ''debtor"  as  hereinafter  used  shall  be  construed  to  cover 
all  corporations,  joint-stock  companies  or  associations,  and  insurance 
companies. 

When  Tax  shall  be  Withheld  by  Debtor. — For  the  purpose  of  collect- 
ing this  tax  on  all  coupons  and  registered  interest  originating  or  payable 
in  the  United  States  the  source  shall  be  the  debtor  (or  its  paying  agent 
in  the  United  States),  which  shall  deduct  the  tax  when  same  is  to  be 
withheld  and  no  other  bank,  or  trust  company,  banking  firm  or  indi- 
vidual taking  coupons  or  interest  orders  for  collection,  or  otherwise, 
shall  withhold  the  tax  thereon;  provided,  that  all  such  coupons  or 
orders  for  registered  interest  are  accompanied  by  certificates  of  owner- 


INCOME  TAX — TREASURER'S  INSTRUCTIONS.  105 

ship,  signed  by  the  owners  of  the  bonds  upon  which  the  interest 
matured.  These  certificates  shall  be  in  the  forms  hereinafter  pre- 
scribed, and  each  separate  certificate  shall  be  made  out  by  the  owner 
of  the  bonds  for  the  coupons  or  interest  orders  for  each  separate  issue 
of  bonds  or  obligations  of  each  debtor. 

When  Tax  shall  be  Withheld  by  First  Collecting  Agency. — If,  how- 
ever, the  coupons  or  interest  orders  are  not  accompanied  by  certificates 
as  prescribed  above,  the  first  bank,  trust  company,  banking  firm,  or  in- 
dividual, or  collecting  agency  receiving  the  coupons  or  interest  orders 
for  collection,  or  otherwise,  shall  deduct  and  withhold  the  tax  and  shall 
attach  to  such  coupons  or  interest  orders  its  own  certificate,  giving  the 
name  and  address  of  the  owner,  or  the  person  presenting  such  coupons 
or  interest  orders,  if  the  owner  is  not  known,  with  a  description  of 
the  coupons  or  interest  orders;  also  setting  forth  the  fact  that  they 
are  withholding  the  tax  upon  them;  whereupon  the  debtor  shall  not 
again  withhold  the  tax  on  said  coupons  or  interest  orders,  but  in  lieu 
thereof  shall  deliver  to  the  government  the  certificate  of  such  bank,  trust 
company,  etc.,  which  is  withholding  such  tax  money. 

Any  corporation,  collecting  agency,  or  person  first  receiving  from  the 
owner  any  interest  coupons  or  orders  for  the  collection  of  registered 
interest,  and  to  whom  the  certificates  above  provided  for  are  delivered, 
should  require  the  persons  tendering  such  coupons  or  orders  for  reg- 
istered interest,  to  satisfactorily  establish  their  identity. 

Pajnnent  of  Registered  Interest  by  Debtors. — ^The  debtor  whose  bonds 
may  be  registered  both  as  to  principal  and  interest  shall  deduct  the 
normal  tax  of  one  per  cent  from  the  accruing  interest  on  all  bonds 
before  sending  out  checks  for  said  interest  to  registered  owners  or  be- 
fore paying  such  interest  upon  interest  orders,  signed  by  the  registered 
holders  of  said  bonds  until  there  shall  be  filed  with  said  debtor  or  its 
fiscal  agent  (and  not  later  than  thirty  days  prior  to  March  1st) 
through  whom  said  interest  is  customarily  paid,  the  proper  certificates 
claiming  exemption  from  liability  for  said  tax  as  herein  provided,  ex- 
ecuted as  follows : 

By  a  citizen  or  resident  of  the  United  States,  the  hona  fide  owner  of 
the  registered  obligations,  who  may  claim  exemption  under  Paragraph 
C,  Section  2,  of  the  Federal  Income  Tax  Law,  or 

By  corporations,  joint-stock  companies  or  associations  or  insurance 
companies,  organized  in  the  United  States,  or  organizations,  associations, 
fraternities,  etc.,  which  are  either  taxable  or  exempt  from  taxation,  as 
provided  in  Paragraph  G,  Subdivision  A,  of  the  Act,  or 

By  a  bona  fide  resident  and  citizen  of  a  foreign  country  claiming  ex- 
emption as  such. 

Designation  of  Fiscal  Agencies. — The  "debtor"  may  appoint  pay- 
ing or  fiscal  agents  to  act  for  it  in  matters  pertaining  to  the  collection 
of  the  tax  upon  filing  with  the  Collector  of  Internal  Revenue  for  its 
district  a  proper  notice  of  the  appointment  of  such  agent  or  agents. 

Certificates  Claiming  Exemption. — If  the  owners  of  the  bonds  are 
individuals  who  are  citizens  or  residents  of  the  United  States,  the  afore- 


106  HILLYER^S  LEGAL   MANUAL. 

said  certificates  shall  accompany  the  coupons,  or,  with  respect  to  the 
interest  on  registered  bonds,  shall  be  filed  with  the  payer  of  said  inter- 
est, and  such  certificates  shall  describe  the  bonds  and  show  the  amount 
of  coupons  attached  to  or  the  amount  of  interest  due  such  owners  on 
registered  bonds  and  the  full  names  and  address  of  the  owners,  and  shall 
also  state  whether  they  claim  or  do  not  claim  exemption  from  taxation 
at  the  source  provided  for  in  Paragraph  C  of  Section  2  of  the  Federal 
Income  Tax  Law  ($3,000  and  under  certain  conditions  $4,000)  as  to  the 
income  represented  by  such  coupons  or  interest. 

The  certificates  shall  also  show  the  amount,  if  any,  of  exemption 
claimed  and  the  date  of  signature. 

The  form  of  certificate  to  be  used  for  this  purpose  shall  be  substan- 
tially as  follows : 

Form  of  Certificate  to  be  Presented  With  Coupons  or  Interest  Orders 
Stating  Whether  or  not  Exemption  is  Claimed  Under  Paragraph 
C,  Section  2,  of  the  Federal  Income  Tax  Law. 

I  do  solemnly  swear  that  I, ,  a  citizen,  or  resident,  of  the 

United  States,  and  residing  at ,  am  the  owner  of dollars 

($ )   in  bonds  of  the  denominations  of dollars  ($ ) 

each,  Nos of  the known  as bonds  from  which  were 

detached  the  accompanying  coupons,  due .,  191.  .  .  .,  amount- 
ing to dollars  ($ ),  or  upon  which  there  matured , 

191.  . .  ., dollars  ($ )  of  registered  interest. 

I  do   (or  do  not)   now  claim  with  respect  to  the  income  represented 

by  said  interest  the  benefit  of  a  deduction  of dollars  ($ ) 

allowed  under  Paragraph  C,  Section  2,  of  the  Federal  Income  Tax  Law, 

my  total  exemption  thereunder  being dollars. 

(Name) 

(Address) 

(Date)   ,  191 

Whenever  interest  coupons  accompanied  by  a  certificate  of  an  in- 
dividual who  is  a  citizen  or  resident  of  the  United  States  as  aforesaid, 
are  presented  to  a  debtor  or  its  fiscal  agent  for  payment,  or  whenever 
interest  is  payable  to  such  individual  on  a  bond  registered  as  to  both 
principal  and  interest,  the  debtor  or  its  fiscal  agent  shall  deduct  and 
withhold  the  amount  of  the  normal  tax,  except  to  the  extent  that  ex- 
emption is  claimed  in  the  certificate  of  ownership  in  the  form  herein 
prescribed. 

Where  the  interest  to  be  paid  is  registered,  the  same  form  of  certificate 
shall  be  used  where  exemptions  are  claimed,  except  that  it  shall  be  filed 
with  the  debtor  at  least  five  days  before  the  due  date  of  such  interest. 

By  Whom  Signed. — These  certificates  must  be  signed  by  the  claim- 
ants with  their  full  names  and  contain  their  postoffice  and  street  ad- 
dresses, also  the  date  when  signed. 

Duly  authorized  agents,  trustees  acting  in  a  trust  capacity,  etc.,  may 
sign  such  certificates  for  the  persons  for  whom  they  act. 

Organizations  Whose  Interest  Coupons  are  not  Taxed  at  the 
Source. — If  the  owners  of  the  bonds  are  corporations,  joint-stock  com- 


INCOME  TAX — TREASURER'S  INSTRUCTIONS.  107 

panies  or  associations,  or  insurance  companies,  organized  in  the  United 
States,  no  matter  how  created,  or  organized,  or  if  they  are  organizations, 
associations,  or  fraternities,  which  are  either  taxable  or  exempt  from 
taxation  as  provided  in  Paragraph  G,  Subdivision  A,  of  the  Act,  the 
debtor  is  not  required  to  withhold  or  deduct  the  tax  upon  income  derived 
from  interest  on  such  bonds,  provided  coupons  or  orders  for  interest 
from  such  bonds  shall  be  accompanied  by  a  certificate  of  the  owner 
thereof  certifying  to  such  ownership,  which  certificate  shall  be  filed 
with  the  debtor  when  such  coupons  or  interest  orders  are  presented  for 
payment. 

Such  certificate  shall  be  substantially  in  the  following  form: 

Certificates  to  be  Furnished  by  Organizations  not  Subject  to  Tax  on 

Interest  at  the  Source. 

I,    ,  the    of  the    ,   a    of    ,   do 

solemnly  declare  that  said   is  the  owner  of   dollars 

($ )   in  bonds  of  the  denominations  of   dollars   ($ ) 

each,  Nos of  the known  as bonds  from  which  were 

deducted  the  accompanying  coupons  due   . 191.  . .  .,  amounting 

to    dollars    ($....)    or   upon   which   there   matured    , 

191 , dollars  ($....)  of  registered  interest,  and  that  under  the 

provisions  of  the  Income  Tax  Law  of  October  3,  1913,  said  interest  is  ex- 
empt from  the  payment  of  taxes  collectible  at  the  source,  which  exemp- 
tion is  hereby  claimed. 

(Name) 

(Of) 

(Address) 

(Date)    191 

This  certificate  must  be  signed  by  the  full  name  of  the  organization, 
stating  its  place  of  business,  and  by  the  president,  secretary  or  some 
other  principal  officer  of  said  corporation  or  organization  duly  author- 
ized to  sign  the  same,  together  with  the  date  of  execution. 

How  Collected  When  not  Accompanied  by  the  Certificate  of  Owner. — 
Where  coupons  or  interest  orders  are  not  accompanied  by  the  owner- 
ship certificates,  the  form  to  be  executed  by  the  first  bank,  trust  com- 
pany, banking  firm,  individual,  or  collecting  agency,  receiving  the  same 
for  collection,  or  otherwise,  which  must  accompany  the  coupons  or  in- 
terest orders,  shall  be  substantially  as  follows: 

Form  of  Certificate  to  be  Presented  With  Coupons  or  Interest  Orders 
When  not  Accompanied  by  the  Certificate  of  Owners. 
I,   . ., ,  the   of  the   of ,  do  solemnly  de- 
clare that  said    has   (or  have)    purchased  or  accepted  for 

collection  the   accompanying  coupons  or  interest  orders  amounting  to 

dollars    ($ ),   and   which   represent   interest   matured   on 

dollars    ($ ) ,   of  bonds   of  the    and  that    

received  said  coupons  or  orders  for  registered  interest  from   of 

,  and  that  no  certificate  of  ownership  accompanied  said  coupons 

or  interest  orders,  and hereby  acknowledges  responsibility 


108  hillyer's  leGxVl  manual. 

of  withholdinor  therefrom  the  normal  income  tax  of  one  per  cent,  in 
accordance  with  the  regulations  of  the  Treasury  Department. 

(Name)  

By 

(Address) 

(Date)   ,  191 

This  certificate  shall  be  dated  and  signed  by  and  shall  state  the  ad- 
dress of  the  corporation,  organization,  collecting  agency,  or  person 
withholding  the  tax  with  full  names  and  addresses. 

Final  Disposition  of  Certificates. — The  debtor  or  paying  agent  shall 
deliver  all  certificates,  with  the  list  of  names  and  addresses  of  those 
for  whom  the  tax  has  been  withheld,  showing  amounts,  as  required 
by  law,  to  the  Collector  of  Internal  Revenue  for  their  district  on  or 
before  the  20th  day  of  the  month  succeeding  that  in  w^hich  said 
certificates  were  received  by  them. 

Interest  Due  Before  March  1,  1913.— The  tax  shall  not  be  withheld 
on  coupons  or  registered  interest  maturing  and  payable  before  March 
1,  1913,  although  presented  for  payment  at  a  later  date. 

License  Required  for  Collection  of  Income  from  Foreign  Countries. 

All  persons,  firms,  or  corporations  undertaking  for  accommodation 
or  profit  (this  includes  handling  either  by  way  of  purchase  or  collec- 
tion) the  collection  of  coupons,  checks,  bills  of  exchange,  etc.,  for  or 
in  payment  of  interest  upon  bonds  issued  in  foreign  countries  and 
upon  foreign  mortgages  or  like  obligations,  and  for  any  dividends 
upon  stock  or  interest  upon  obligations  of  foreign  corporations, 
associations,  or  insurance  companies  engaged  in  business  in  foreign 
countries,  are  required  by  law  to  obtain  a  license  from  the  Commis- 
sioner of  Internal  Revenue  and  may  be  required  to  give  bond  in  such 
amount  and  under  such  conditions  as  the  Commissioner  of  Internal 
Revenue  may  prescribe. 

By  Whom  Tax  is  Withheld. — The  licensed  person,  firm  or  corpora- 
tion first  receiving  any  such  foreign  items  for  collection  or  otherwise, 
shall  withhold  therefrom,  the  normal  tax  of  one  per  cent,  and  wall  be 
held  responsible  therefor.  He  (the  licensee)  shall  thereupon  indorse 
or  stamp  thereon  the  words  ''Income  Tax  Withheld  by"  (giving  his 
or  their  name,  address,  and  date),  which  shall  be  sufficient  evidence 
to  relieve  subsequent  holders  or  purchasers  from  the  duty  of  also 
withholding  the  income  tax. 

If  the  size  or  nature  of  such  coupons,  checks,  etc.,  makes  it  im- 
practicable to  make  said  indorsement  as  above,  a  statement  identify- 
ing the  item  on  which  tax  is  withheld  and  bearing  said  indorsement 
may  be  attached  thereto  with  the  same  eifect  as  if  the  indorsement 
was  made  directly  thereon. 

List  of  Tax  Collections  on  Foreign  Items. — Such  licensees  shall  ob- 
tain the  names  and  addresses  of  the  persons  from  whom  such  items 
are  received,  and  shall  prepare  a  list  of  same  and  file  it  with  the 
Collector  of  Internal  Revenue  for  his  district  not  later  than  the  20th 


INCOME  TAX — treasurer's  INSTRUCTIONS.  109 

day  of  the  month  next  succeeding  the  receipt  of  such  items.  The  list 
shall  be  dated,  and  shall  contain  the  names  and  addresses  of  the 
taxable  persons  and  the  amount  of  tax  deducted,  and  from  what 
source  collected. 

Certificates  to  Secure  Tax  Exemption  on  Foreign^  Items. — In  the 
event  such  coupons,  checks  or  bills  of  exchange  above  mentioned  are 
presented  for  collection  by  an  individual  claiming  the  benefit  of  the 
deductions  allowable  under  paragraph  C,  section  2,  of  the  Federal 
Income  Tax  law,  such  individual  shall  be  permitted  to  avail  himself 
of  the  deduction  claimed,  upon  the  signing  of  the  form  heretofore 
prescribed  for  coupons  payable  in  the  United  States,  and  no  tax 
shall  be  deducted  for  the  amount  of  the  exemption  so  claimed;  or  if 
such  items  are  presented  by  corporations,  joint-stock  companies  or 
associations,  and  insurance  companies,  organized  in  the  United  States, 
the  form  of  certificate  heretofore  prescribed  for  such  organizations 
shall  be  used,  and  in  such  instances  no  tax  shall  be  deducted. 

In  both  instances  the  licensee  first  receiving  such  items  shall  retain 
such  certificates  for  delivery  with  the  lists  aforesaid  to  the  Collector 
of  Internal  Revenue  for  his  district  not  later  than  the  20th  day  of 
the  month  next  succeeding  that  in  which  said  items  were  received, 
and  with  respect  to  said  coupons,  checks,  or  bills  of  exchange,  said 
licensee  shall  attach  thereto  (identifying  the  items)  or  indorse,  or 
stamp  thereon  the  words  "Income  Tax  Exemption  Claimed  through" 
(giving  name  and  address  of  licensee),  which  shall  be  sufficient  evi- 
dence to  relicA^e  subsequent  holders  or  purchasers  from  the  duty  of 
also  withholding  the  tax  thereon. 

The  provision  for  collection  of  the  tax  on  foreign  obligations  set 
forth  in  this  section  of  the  regulations  includes  the  interest  upon  all 
foreign  bonds,  even  though  the  coupons  may  be  at  the  option  of  the 
holder,  payable  in  the  United  States  as  well  as  in  some  foreign  country. 

Accurate  Record  to  be  Kept  by  Licensee. — All  persons  licensed  shall 
keep  their  records  in  such  manner  as  to  show  from  whom  every  such 
item  has  been  received,  and  such  records  shall  be  open  at  all  times 
to  the  inspection  of  Internal  Revenue  officers. 

Penalty  for  Omission  to  Obtain  License. — ^Failure  to  obtain  license 
or  to  comply  with  regulations  is  punishable  by  a  fine  not  exceeding 
$5,000,  or  imprisonment  not  exceeding  one  year,  or  both,  in  the  dis- 
cretion of  the  court.  Such  licenses  shall  continue  in  force  until  re- 
voked. Application  for  such  licenses  should  be  made  to  the  Collector 
of  Internal  Revenue  for  the  district  in  which  they  are  engaged  in 
business,  and  may  be  issued  without  cost  to  such  persons  as  the  Com- 
missioner may  approve,  upon  their  filing  with  the  Collector  the  bond 
herein  provided  for. 

All  persons  making  application  to  the  Collector  of  Internal  Revenue 
for  such  licenses  shall  register  their  names  and  addresses  and  state 
the  nature  of  the  business  in  which  they  are  engaged.  Such  applica- 
tion for  the  license,  accompanied  by  a  proper  surety  bond,  when 
both  have  been  approved  by  the  Collector,  will  be  considered  a  suffi- 
cient compliance  with  the  law  to  enable  the  persons  making  applica- 


110 

tion  to  do  business  until  February  1,  1914,  without  incurring  the 
penalties  provided  by  law  for  failure  to  procure  the  required  license. 

Penalty  for  False  Statements. — If  any  person,  for  the  purpose  of 
obtaining  any  allowance  for  reduction  by  virtue  of  a  claim  for  ex- 
emption, either  for  himself  or  for  any  other,  knowingly  makes  a  false 
statement  or  false  or  fraudulent  representation,  he  is  liable  under  the 
Act  to  severe  penalties. 

Partnerships. — Where  coupons  or  interest  orders,  presented  for  pay- 
ment, represent  the  interest  on  bonds,  or  other  similar  obligations, 
owned  by  a  partnership,  they  shall  be  accompanied  by  a  certificate 
of  ownership,  which  shall  be  signed  either  in  the  firm's  name  by  one 
member  of  the  firm  or  by  each  individual  member  of  the  partnership, 
and  the  normal  tax  shall  be  withheld  by  the  debtor  with  respect  to 
the  income  represented  by  said  interest. 

Said  certificate  or  ownership  shall  be  in  substantially  the  following 
form: 

Form  of  Certificate  to  be  Filled  Out  and  Signed  by  Members  of 

Partnerships. 

The  following  certificate  should  be  used  when  coupons  or  interest 
orders  are  presented  by  citizens  or  residents  of  the  United  States  for 
collection  of  interest  on  bonds,  or  other  similar  obligations,  owned 
by  the  partnerships  of  which  they  are  members: 

I,   ,  a  member  of  the  firm  or  partnership  of   

of   and  residing  at    do  solemnly  declare   that  the 

said  partnership  is  the  owner  of  ($ )    dollars  of  bonds  of 

the  denomination  of  ($ )   dollars  each,  Nos of  the 

known  as  bonds,  from  which  were  detached  the  ac- 
companying interest   coupons,   due    ,   191 .  . .  . ,   amounting  to 

($ )     dollars,    or   upon   which    there    matured    

191.  .  .  .,  ($ )    dollars  of  registered  interest,  and  that  the 

name  and  address  of  said  firm  or  partnership,  and  the  name  of  the 
individual  members  thereof,  and  their  places  of  residence,  are  as  fol- 
lows : 


Names  of  partners.  Address. 

(Name  of  partner  signing) 


(Of  firm  of) 

Address 

Date. 

Any  member  of  a  partnershiu  who  is  entitled  to  a  deduction  (under 
ParaorraDh  C.  Section  2.  of  the  Income  Tax  Law)  of  his  pro  rata  share 
of  the  tax  which  may  be  withheld  at  the  source  of  interest  on  bonds 
owned  by  his  copartnership,  as  above,  may  claim  such  deduction  or 


INCOME  TAX — TREASURER'S  INSTRUCTIONS.  Ill 

allowance  when  he  shall  make  his  individual  income  tax  return  for 
the  year  in  which  said  deduction  at  the  source  was  made. 

Nonresident  Foreigners  Owning  Interest-bearing  Bonds  not  Subject 
to  Taxation  on  Income  from  Such  Bonds  if  Proper  Certificate  Fur- 
nished.— This  tax  will  not  be  deducted  from  the  income  which  may 
be  derived  from  interest  on  bonds,  mortorages,  equipment  trusts,  re- 
ceivers' certificates,  or  other  similar  obligations  of  which  the  bona 
fide  owners  are  citizens  of  foreign  countries  residing  in  foreign  eoun- 
tries;  Provided,  that  such  interest  coupons,  or  in  case  of  wholly  regis- 
tered bonds,  the  orders  for  the  payment  of  such  interest  shall  be 
accompanied  by  duly  certified  certificates  hereinafter  provided  for 
to  cover  the  cases  of  foreign  and  nonresident  owners  of  bonds  and 
other  securities. 

Unless  such  proof  of  foreign  ownership  is  duly  furnished,  the  nor- 
mal tax  of  one  per  cent  shall  be  deducted  as  herein  provided.  Such 
certificate  shall  be  in  substantially  the  following  form: 

Form  of  Certificate  to  be  Presented  With  Coupons  or  Interest  Orders, 
Detached  from  Bonds  or  Other  Obligations  Owned  by  Those  Who 
are  Both  Citizens  or  Subjects  and  Residents  of  Foreign  Countries. 

I  do  solemnly  declare  that  I  am  not  a  citizen  or  resident  of  the 

United  States  of  America,  but  a  subject  or  citizen  of ,  and 

that  I  am  the  owner  of dollars  of  bonds  of  the  denomination 

of   dollars  each,  Nos of  the   known  as   

bonds,   from  which   were   detached   the    accompanying   coupons,    due 

191 .  . .  . ,   amounting  to    ($....)    dollars,   or  upon 

which  there  matured   ,  191 ....    ($ )    dollars  of 

registered  interest  and  that,  being  a  nonresident  foreigner,  I  am  ex- 
empt from  the  income  tax  imposed  on  such  interest  bv  the  United 
States  Government  under  the  law  enacted  October  3,  1913,  and  that 
no  citizen  of  the  United  States,  wherever  residing,  or  foreigner  resid- 
ing in  the  United  States,  or  any  of  its  possessions,  has  any  interest  in 
said  bonds,  coupons,  or  interest. 

(Signature  of  owner  of  bonds.) 


Address 

Bated   ,  191 

Temporary  Provision. — In  view  of  the  fact  that  the  time  required 
for  the  interpretation  of  the  law  and  preparation  and  issuance  of 
these  regulations  brings  the  date  so  near  November  1st,  and  that 
many  coupons  payable  upon  that  date  are  already  in  transit  without 
the  prescribed  certificate  attached,  with  a  desire  to  cause  as  small  an 
amount  of  inconvenience  as  possible  to  bondholders  and  general  busi- 
ness as  may  be  compatible  with  the  provisions  of  the  law  and  of  these 
regulations,  the  following  temporary  provision  is  made : 

On  November  1,  1913,  and  for  fifteen  days  thereafter,  coupons  pre- 
sented to  a  debtor  need  not  be  accompanied  by  certificates  in  any  of 
the  forms  hereinbefore  described,  provided  that  such  coupons  are  ac- 
companied by  a  certificate  substantially  in  the  following  form: 


112 

Form  of  Temporary  Certificate  Which  may  be  Used  Only  Prior  to 
November  16,  1913,  Subject  to  Substitution. 

I   (or  we)   hereby  certify  that  I  am   (or  we)   lawfully 

entitled  to  present  for  payment  the  accompanying  coupons  or  interest 

orders,  amounting  to   . , dollars  ($......)?  representing  interest 

matured  on  the  following  bonds  (giving  name  of  debtor  and  designat- 
ing the  description,  style  and  numbers  of  the  bonds)  ;  that  said 
coupons,  or  interest  orders  came  into  my  (or  our)  possession  un- 
accompanied by  a  certificate  of  ownership  of  said  bonds,  in  any  of 
the  forms  required  by  the  regulations  of  the  United  States  Treasury 
Department,  and  that  the  name  and  address  of  the  owner  of  such 
bonds  are  as  follows  (give  name  and  address  of  owner,  or  if  impossible 
to  do  this,  so  state)  : 

(Name  of  person,  firm  or  corporation  presenting  coupons.) 

(By)  :::::::::::::::::::::::; 

(Address) 

On  or  before  February  1,  1914,  certificates  of  the  ownership  of  any 
of  the  bonds  upon  which  was  collected  the  interest  referred  to  in 
such  temporary  certificates,  in  any  of  the  forms  above  set  forth,  may 
be  delivered  to  the  debtor;  and  said  debtor  may  thereupon  return 
any  sum  withheld  to  which  the  owner  of  such  bonds  may  be  entitled 
under  the  law  and  regulations  upon  the  facts  disclosed  by  such  owner- 
ship certificates.  Any  temporary  certificates  relating  to  bonds,  for 
which  certificates  of  ownership  shall  not  have  been  substituted  with 
the  debtor,  shall,  on  or  before  March  1,  1914,  be  delivered  to  the 
Collector  of  Internal  Revenue. 

All  forms  of  certificates  herein  provided  for  shall  be  8  inches  wide 
and  3%  inches  from  top  to  bottom,  and  printed  on  paper  eorrespond- 
ing  in  weight  and  texture  to  glazed  bond  paper  17x28,  about  26  pounds 
to  the  ream  of  500  sheets,  or  white  writing  paper  21x32',  about  32 
pounds  to  the  ream  of  500  sheets,  and  the  person  or  corporation  first 
receiving  coupons  for  collection  shall  write  or  stamp  his  or  its  name 
and  address  and  date  on  the  back  of  said  certificates. 

W.  H.  OSBORN, 
Collector  of  Internal  Revenue. 
W.  G.  McADOO, 

Secretary  of  the  Treasury. 
Approved  October  25,  1913. 


OLD  CORPORATION  TAX  LAW  AND  REGULATIONS 

—ACT  OF  1909. 

For  the  year  ending  December  31,  1913,  the  Income  Tax  is  com- 
puted as  follows:  %  of  the  tax  is  computed  under  the  new  law  of 
1913,  and  %  under  the  old  law  of  1909.  For  that  reason  the  old  law, 
and  so  much  of  the  regulations  as  are  pertinent,  are  reprinted  as  fol- 
lows : 


EXCISE  TAX  LAW  OP  1909.  113 

What  Companies  Taxed — How  Computed — Five  Thousand  Dollars 
Exemption — What  Organizations  Excluded.— Every  corporation,  joint- 
stock  company  or  association,  organized  for  profit  and  having  a 
capital  stock  represented  by  shares,  and  every  insurance  company, 
now  or  hereafter  organized  under  the  laws  of  the  United  States  or 
of  any  State  or  Territory  of  the  United  States  or  under  the  acts  of 
Congress  applicable  to  Alaska  or  the  District  of  Columbia,  or  now 
or  hereafter  organized  under  the  laws  of  any  foreign  country  and 
engaged  in  business  in  any  State  or  Territory  of  the  United  States 
or  in  Alaska  or  in  the  District  of  Columbia,  shall  be  subject  to  pay 
annually  a  special  excise  tax  with  respect  to  the  carrying  on  or  doing 
business  by  such  corporation,  joint-stock  company  or  association,  or 
insurance  company,  equivalent  to  one  per  centum  upon  the  entire  net 
income  over  and  above  five  thousand  dollars  received  by  it  from  all 
sources  during  such  year,  exclusive  of  amounts  received  by  it  as 
dividends  upon  stock  of  other  corporations,  joint-stock  companies  or 
associations,  or  insurance  companies,  subject  to  the  tax  hereby  im- 
posed; or  if  organized  under  the  laws  of  any  foreign  country,  upon 
the  amount  of  net  income  over  and  above  five  thousand  dollars  re- 
ceived by  it  from  business  transacted  and  capital  invested  within 
the  United  States  and  its  Territories,  Alaska,  and  the  District  of 
Columbia  during  such  year,  exclusive  of  amounts  so  received  by  it 
as  dividends  upon  stock  of  other  corporations,  joint-stock  companies 
or  associations,  or  insurance  companies,  subject  to  the  tax  hereby 
imposed :  Provided,  however,  That  nothing  in  this  section  contained 
shall  apply  to  labor,  agricultural  or  horticultural  organizations,  or 
to  fraternal  beneficiary  societies,  orders,  or  associations  operating 
under  the  lodge  system,  and  providing  for  the  payment  of  life,  sick, 
accident,  and  other  benefits  to  the  members  of  such  societies,  orders 
or  associations,  and  dependents  of  such  members,  nor  to  domestic 
building  and  loan  associations,  organized  and  operated  exclusively 
for  the  mutual  benefit  of  their  members,  nor  to  any  corporation  or 
association  organized  and  operated  exclusively  for  religious,  chari- 
table, or  educational  purposes,  no  part  of  the  net  income  of  which 
inures  to  the  benefit  of  any  private  stockholder  or  individual. 

Net  Income,  How  Ascertained — Deductions:  Expenses,  Losses,  De- 
preciation, Interest,  Taxes,  Dividends — Foreign  Corporations. — Sec- 
ond. Such  net  income  shall  be  ascertained  by  deducting  from  the 
gross  amount  of  the  income  of  such  corporation,  joint-stock  com- 
pany or  association,  or  insurance  company,  received  within  the  year 
from  all  sources,  (first)  all  the  ordinary  and  necessary  expenses  actu- 
ally paid  within  the  year  out  of  income  in  the  maintenance  and 
operation  of  its  business  and  properties,  including  all  charges  such 
as  rentals  or  franchise  payments,  required  to  be  made  as  a  condition 
to  the  continued  use  or  possession  of  property;  (second)  all  losses 
actually  sustained  within  the  year  and  not  compensated  by  insurance 
or   otherwise,   including   a   reasonable   allowance   for   depreciation   of 


114 

property,  if  any,  and  in  the  case  of  insurance  companies  the  sums 
other  than  dividends,  paid  within  the  year  on  policy  and  annuity 
contracts  and  the  net  addition,  if  any,  required  by  law  to  be  made 
within  the  year  to  reserve  funds;  (third)  interest  actually  paid  within 
the  year  on  its  bonded  or  other  indebtedness  to  an  amount  of  such 
bonded  and  other  indebtedness  not  exceeding  the  paid-up  capital 
stock  of  such  corporation,  joint-stock  company  or  association,  or  in- 
surance company,  outstanding  at  the  close  of  the  year,  and  in  the  case 
of  a  bank,  banking  association  or  trust  company,  all  interest  actually 
paid  hy  it  within  the  year  on  deposits;  (fourth)  all  sums  paid  by  it 
within  the  year  for  taxes  imposed  under  the  authority  of  the  United 
States  or  of  any  State  or  Territory  thereof,  or  imposed  by  the  govern- 
ment of  any  foreign  country  as  a  condition  to  carry  on  business 
therein ;  (fifth)  all  amounts  received  by  it  within  the  year  as  divi- 
dends upon  stock  of  other  corporations,  joint-stock  companies  or 
associations,  or  insurance  companies,  subject  to  the  tax  hereby  im- 
posed: Provided,  That  in  the  case  of  a  corporation,  joint-stock  com- 
pany or  association,  or  insurance  company,  organized  under  the  laws 
of  a  foreign  country,  such  net  income  shall  be  ascertained  by  deduct- 
ing from  the  gross  amount  of  its  income  received  within  the  year  from 
business  transacted  and  capital  invested  within  the  United  States 
and  any  of  its  Territories,  Alaska,  and  the  District  of  Columbia, 
(first)  all  the  ordinary  and  necessary  expenses  actually  paid  within 
the  year  out  of  earnings  in  the  maintenance  and  operation  of  its  busi- 
ness and  property  within  the  United  States  and  its  Territories, 
Alaska,  and  the  District  of  Columbia,  including  all  charges  such  as 
rentals  or  franchise  payments  required  to  be  made  as  a  condition  to 
the  continued  use  or  possession  of  property;  (second)  all  losses 
actually  sustained  within  the  year  in  business  conducted  by  it  within 
the  United  States  or  its  Territories,  Alaska,  or  the  District  of  Colum- 
bia not  compensated  by  insurance  or  otherwise,  including  a  reason- 
able allowance  for  depreciation  of  property,  if  any,  and  in  the  case  of 
insurance  companies  the  sums  other  than  dividends,  paid  w^ithin  the 
year  on  policy  and  annuity  contracts  and  the  net  addition,  if  any, 
required  by  law  to  be  made  within  the  year  to  reserve  funds;  (third) 
interest  actually  paid  within  the  year  on  its  bonded  or  other  indebted- 
ness to  an  amount  of  such  bonded  and  other  indebtedness,  not  exceed- 
ing the  proportion  of  its  paid-up  capital  stock  outstanding  at  the 
close  of  the  year  which  the  gross  amount  of  its  income  for  the  year 
from  business  transacted  and  capital  invested  within  the  United 
States  and  any  of  its  Territories,  Alaska,  and  the  District  of  Columbia 
bears  to  the  s^ross  amount  of  its  income  derived  from  all  sources 
within  and  without  the  United  States;  (fourth)  the  sums  paid  by  it 
within  the  year  for  taxes  imposed  under  the  authority  of  the  United 
States  or  of  any  State  or  Territory  thereof;  (fifth)  all  amounts  re- 
ceived bv  it  within  the  year  as  dividends  upon  stock  of  other  corpora- 
tions, joint-stock  companies  or  associations,  and  insurance  companies, 
subject  to  the  tax  hereby  imposed.  In  the  case  of  assessment  insur- 
ance companies  the  actual  deposit  of  sums  with  State  or  Territorial 


EXCISE  TAX  LAW  OF  1909.  115 

officers,  pursuant  to  law,  as  additions  to  guaranty  or  reserve  funds 
shall  be  treated  as  being  payments  required  by  law  to  reserve  funds. 
Five  Thousand  Dollars  Exemption — Return,  by  Whom  Made  and 
Contents. — Third.  There  shall  be  deducted  from  the  amount  of  the 
net  income  of  each  of  such  corporations,  joint-stock  companies  or 
associations,  or  insurance  companies,  ascertained  as  provided  in  the 
foregoing  paragraphs  of  this  section,  the  sum  of  five  thousand  dollars, 
and  said  tax  shall  be  computed  upon  the  remainder  of  said  net  income 
of  such  corporation,  joint-stock  company  or  association,  or  insurance 
company,  for  the  year  ending  December  thirty-first,  nineteen  hundred 
and  nine,  and  for  each  calendar  year  thereafter;  and  on  or  before 
the  first  day  of  March,  nineteen  hundred  and  ten,  and  the  first  day 
of  March  in  each  year  thereafter,  a  true  and  accurate  return  under 
oath  or  affirmation  of  its  president,  vice-president,  or  other  principal 
officer,  and  its  treasurer  or  assistant  treasurer,  shall  be  made  by  each 
of  the  corporations,  joint-stock  companies  or  associations,  and  in- 
surance companies,  subject  to  the  tax  imposed  by  this  section,  to  the 
collector  of  internal  revenue  for  the  district  in  which  such  corpora- 
tion, joint-stock  company  or  association,  or  insurance  company  has 
its  principal  place  of  business,  or,  in  the  case  of  a  corporation,  joint- 
stock  company  or  association,  or  insurance  company,  organized  under 
the  laws  of  a  foreign  country,  in  the  place  where  its  principal  busi- 
ness is  carried  on  within  the  United  States,  in  such  form  as  the  Com- 
missioner of  Internal  Revenue,  with  the  approval  of  the  Secretary 
of  the  Treasury,  shall  prescribe,  setting  forth  (first)  the  total  amount 
of  the  paid-up  capital  stock  of  such  corporation,  joint-stock  company 
or  association,  or  insurance  company,  outstanding  at  the  close  of  the 
year;  (second)  the  total  amount  of  the  bonded  and  other  indebted- 
ness of  such  corporation,  joint-stock  company  or  association,  or  in- 
surance company  at  the  close  of  the  year;  (third)  the  gross  amount 
of  the  income  of  such  corporation,  joint-stock  company  or  association, 
or  insurance  company  received  during  such  year  from  all  sources, 
and  if  organized  under  the  laws  of  a  foreign  country  the  gross 
amount  of  its  income  received  within  the  year  from  business  trans- 
acted and  capital  invested  within  the  United  States  and  any  of  its 
Territories,  Alaska,  and  the  District  of  Columbia;  also  the  amount 
received  by  such  corporation,  joint-stock  company  or  association,  or 
insurance  company  within  the  year  by  way  of  dividends  upon  stock 
of  other  corporations,  joint-stock  companies  or  associations,  or  in- 
surance companies,  subject  to  the  tax  imposed  by  this  section; 
(fourth)  the  total  amount  of  all  the  ordinary  and  necessary  expenses 
actually  paid  out  of  earnings  in  the  maintenance  and  operation  of 
the  business  and  properties  of  such  corporation,  joint-stock  company 
or  association,  or  insurance  company  within  the  year,  stating  sep- 
arately all  charges  such  as  rentals  or  franchise  payments  required  to 
be  made  as  a  condition  to  the  continued  use  or  possession  of  prop- 
erty, and  if  organized  under  the  laws  of  a  foreign  country  the 
amount   so   paid   in   the   maintenance   and  operation   of  its   business 


116  hillyer's  legal  manual. 

within  the  United  States  and  its  Territories,  Alaska,  and  the  Dis- 
trict of  Columbia;  (fifth)  the  total  amount  of  all  losses  actually 
sustained  during  the  year  and  not  compensated  by  insurance  or  other- 
wise, stating  separately  any  amounts  allowed  for  depreciation  of 
property,  and  in  the  case  of  insurance  companies  the  sums  other 
than  dividends,  paid  within  the  year  on  policy  and  annuity  con-, 
tracts  and  the  net  addition,  if  any,  required  by  law  to  be  made  within 
the  year  to  reserve  funds;  and  in  the  case  of  a  corporation,  joint-stock 
company  or  association,  or  insurance  company,  organized  under  the 
laws  of  a  foreign  country,  all  losses  actually  sustained  by  it  during 
the  year  in  business  conducted  by  it  within  the  United  States  or  its 
Territories,  Alaska,  and  the  District  of  Columbia,  not  compensated 
by  insurance  or  otherwise,  stating  separately  any  amounts  allowed 
for  depreciation  of  property,  and  in  the  case  of  insurance  companies 
the  sums  other  than  dividends,  paid  within  the  3^ear  on  policy  and 
annuity  contracts  and  the  net  addition,  if  any,  required  by  law  to  be 
made  within  the  year  to  reserve  fund;  (sixth)  the  amount  of  interest 
actually  paid  within  the  year  on  its  bonded  or  other  indebtedness  to 
an  amount  of  such  bonded  and  other  indebtedness  not  exceeding  the 
paid-up  capital  stock  of  such  corporation,  joint-stock  company  or 
association,  or  insurance  company,  outstanding  at  the  close  of  the 
year,  and  in  the  case  of  a  bank,  banking  association,  or  trust  com- 
pany, stating  separately  all  interest  paid  by  it  within  the  year  on 
deposits;  or  in  case  of  a  corporation,  joint-stock  company  or  associa- 
tion, or  insurance  company,  organized  under  the  laws  of  a  foreign 
country,  interest  so  paid  on  its  bonded  or  other  indebtedness  to  an 
amount  of  such  bonded  and  other  indebtedness  not  exceeding  the 
proportion  of  its  paid-up  capital  stock  outstanding  at  the  close  of  the 
year,  which  the  gross  amount  of  its  income  for  the  year  from  busi- 
ness transacted  and  capital  invested  within  the  United  States  and 
any  of  its  Territories,  Alaska,  and  the  District  of  Columbia,  bears  to 
the  gross  amount  of  its  income  derived  from  all  sources  within  and 
without  the  United  States;  (seventh)  the  amount  paid  by  it  within 
the  year  for  taxes  imposed  under  the  authority  of  the  United  States 
or  any  State  or  Territory  thereof,  and  separately  the  amount  so  paid 
by  it  for  taxes  imposed  by  the  government  of  any  forein  country  as 
a  condition  to  carrying  on  business  therein;  (eighth)  the  net  income 
of  such  corporation,  joint-stock  company  or  association,  or  insurance 
company,  after  making  the  deductions  in  this  section  authorized. 
All  such  returns  shall  as  received  be  transmitted  forthwith  by  the 
collector  to  the  Commissioner  of  Internal  Revenue. 

Incorrect  Returns — Failure  to  Make  Return — Authority  of  Commis- 
sioner— Amending  Returns. — Fourth.  Whenever  evidence  shall  be 
produced  before  the  Commissioner  of  Internal  Revenue  which  in  the 
opinion  of  the  commissioner  justifies  the  belief  that  the  return  made 
by  any  corporation,  joint-stock  company  or  association,  or  insurance 
company  is  incorrect,  or  whenever  any  collector  shall  report  to  the 
Commissioner  of  Internal  Revenue  that  any  corporation,  joint-stock 
company  or  association,  or  insurance  company  has  failed  to  make  a 


EXCISE  TAX  LAW  OF   1909.  117 

return  as  required  by  law,  the  Commissioner  of  Internal  Revenue  may 
require  from  the  corporation,  joint-stock  company  or  association,  or 
insurance  company  making  such  return,  such  further  information  with 
reference  to  its  capital,  income,  losses,  and  expenditures  as  he  may 
deem  expedient;  and  the  Commissioner  of  Internal  Revenue,  for  the 
purpose  of  ascertaining  the  correctness  of  such  return  or  for  the 
purpose  of  making  a  return  where  none  has  been  made,  is  hereby 
authorized,  by  any  regularly  appointed  revenue  agent  speciallj'^  desig- 
nated by  him  for  that  purpose,  to  examine  any  books  and  papers 
bearing  upon  the  matters  required  to  be  included  in  the  return  of 
such  corporation,  joint-stock  company  or  association,  or  insurance 
company,  and  to  require  the  attendance  of  any  officer  or  employee  of 
such  corporation,  joint-stock  company  or  association,  or  insurance 
company,  and  to  take  his  testimony  with  reference  to  the  matter  re- 
quired by  law  to  be  included  in  such  return,  with  power  to  administer 
oaths  to  such  person  or  persons;  and  the  Commissioner  of  Internal 
Revenue  may  also  invoke  the  aid  of  any  court  of  th^  United  States 
having  jurisdiction  to  require  the  attendance  of  such  officers  or  em- 
ployees and  the  production  of  such  books  and  papers.  Upon  the  in- 
formation so  acquired  the  Commissioner  of  Internal  Revenue  may 
amend  any  return  or  make  a  return  where  none  has  been  made.  All 
proceedings  taken  by  the  Commissioner  of  Internal  Revenue  under 
the  provisions  of  this  section  shall  be  subject  to  the  approval  of  the 
Secretary  of  the  Treasury. 

Increase  of  Tax  for  False  Return  or  Neglect  to  Make  Return — Ex- 
tension of  Time — Tax  When  Payable — Subsequent  Discovery  of 
Falsity  of  Return.  Fifth.  All  returns  shall  be  retained  by  the  Com- 
missioner of  Internal  Revenue,  who  shall  make  assessments  thereon; 
and  in  case  of  any  return  made  with  false  or  fraudulent  intent,  he 
shall  add  one  hundred  per  centum  of  such  tax,  and  in  case  of  a  re- 
fusal or  neglect  to  make  a  return  or  to  verify  the  same  as  aforesaid 
he  shall  add  fifty  per  centum  of  such  tax.  In  case  of  neglect  oc- 
casioned by  the  sickness  or  absence  of  an  officer  of  such  corporation, 
joint-stock  companj^  or  association,  or  insurance  company,  required 
to  make  said  return,  or  for  other  sufficient  reason,  the  collector  may 
allow  such  further  time  for  making  and  delivering  such  return  as 
he  may  deem  necessary,  not  exceeding  thirty  days.  The  amount  so 
added  to  the  tax  shall  be  collected  at  the  same  time  and  in  the  same 
manner  as  the  tax  originally  assessed,  unless  the  refusal,  neglect,  or 
falsity  is  discovered  after  the  date  for  payment  of  said  taxes,  in 
which  case  the  amount  so  added  shall  be  paid  by  the  delinquent  cor- 
poration, joint-stock  company  or  association,  or  insurance  company, 
immediately  upon  notice  given  by  the  collector.  All  assessments  shall 
be  made  and  the  several  corporations,  joint-stock  companies  or  as- 
sociations, or  insurance  companies,  shall  be  notified  of  the  amount  for 
which  they  are  respectively  liable  on  or  before  the  first  day  of  June 
of  each  successive  year,  and  said  assessments  shall  be  paid  on  or  be- 
fore the  thirtieth  day  of  June,  except  in  eases  of  refusal  or  neglect 
to  make  such  return,  and  in  cases  of  false  or  fraudulent  returns,  in 


118 

which  cases  the  Commissioner  of  Internal  Revenue  shall,  upon  the  dis- 
covery thereof,  at  ^ny  time  within  three  years  after  said  return  is 
due,  make  a  return  upon  information  obtained  as  above  provided  for, 
and  the  assessment  made  by  the  Commissioner  of  Internal  Revenue 
thereon  shall  be  paid  by  such  corporation,  joint-stock  company  or 
association,  or  insurance  company  immediately  upon  notification  of 
the  amount  of  such  assessment ;  and  to  any  sum  or  sums  due  and  un- 
paid after  the  thirtieth  day  of  June  in  any  year,  and  for  ten  days 
after  notice  and  demand  thereof  by  the  collector,  there  shall  be  added 
the  sum  of  five  per  centum  on  the  amount  of  tax  unpaid  and  interest 
at  the  rate  of  one  per  centum  per  month  upon  said  tax  from  the  time 
the  same  becomes  due. 

Assessment  and  Returns  are  Public  Records. — Sixth.  When  the  as- 
sessment shall  be  made,  as  provided  in  this  section,  the  returns,  to- 
gether with  any  corrections  thereof  which  may  have  been  made  by 
the  commissioner,  shall  be  filed  in  the  office  of  the  Commissioner  of 
Internal  Revenue  and  shall  constitute  public  records  and  be  open  to 
inspection  as  such. 

Penalty  for  Divulging  Information. — Seventh.  It  shall  be  unlawful 
for  any  collector,  deputy  collector,  agent,  clerk,  or  other  officer  or 
employee  of  the  United  States  to  divulge  or  make  known  in  any  man- 
ner whatever  not  provided  by  law  to  any  person  any  information  ob- 
tained by  him  in  the  discharge  of  his  official  duty,  or  to  divulge  or 
make  known  in  any  manner  not  provided  by  law  any  document 
received,  evidence  taken,  or  report  made  under  this  section  except 
upon  the  special  direction  of  the  President;  and  any  offense  against 
the  foregoing  provision  shall  be  a  misdemeanor  and  be  punished  by 
a  fine  not  exceeding  one  thousand  dollars,  or  by  imprisonment  not 
exceeding  one  year,  or  both,  at  the  discretion  of  the  court. 

Corporation  Making  False  Return  or  Failing  to  Make  Return — 
Penalty. — Eighth.  If  any  of  the  corporations,  joint-stock  companies 
or  associations,  or  insurance  companies  aforesaid,  shall  refuse  or 
neglect  to  make  a  return  at  the  time  or  times  hereinbefore  specified  in 
each  year,  or  shall  render  a  false  or  fraudulent  return,  such  corpora- 
tion, joint-stock  company  or  association,  or  insurance  company  shall 
be  liable  to  a  penalty  of  not  less  than  one  thousand  dollars  and  not  ex- 
ceeding ten  thousand  dollars. 

Person  Making  False  Return,  etc. — Penalty. — Any  person  authorized 
by  law  to  make,  render,  sign,  or  verify  any  return,  who  makes  any  false 
or  fraudulent  return,  or  statement,  with  intent  to  defeat  or  evade  the 
assessment  required  by  this  section  to  be  made,  shall  be  guilty  of  a  mis- 
demeanor, and  shall  be  fined  not  exceeding  one  thousand  dollars  or  be 
imprisoned  not  exceeding  one  year,  or  both,  at  the  discretion  of  the 
court,  with  the  costs  of  prosecution. 

Internal  Revenue  Laws  Made  Applicable. — All  laws  relating  to  the 
collection,  remission,  and  refund  of  internal-revenue  taxes,  so  far  as 
applicable  to  and  not  inconsistent  with  the  provisions  of  this  section, 
are  hereby  extended  and  made  applicable  to  the  tax  imposed  by  this 
section. 


EXCISE   TAX  LAW   OF    1909 — AND   REGULATIONS.  119 

Jurisdiction  of  United  States  Courts. — Jurisdiction  is  hereby  con- 
ferred upon  the  circuit  and  district  courts  of  the  United  States  for  the 
district  within  which  any  person  summoned  under  this  section  to  ap- 
pear to  testify  or  to  produce  books  as  aforesaid,  shall  reside,  to  compel 
such  attendance,  production  of  books,  and  testimony  by  appropriate 
process. 

REGULATIONS  UNDER  ACT  OF  1909. 

All  Companies  must  Report. — The  attention  of  collectors  and  others 
is  specially  called  to  the  fact  that  the  tax  imposed  by  this  section  of 
the  law  applies  to  all  corporations,  joint-stock  companies,  associations, 
or  insurance  companies  described  (except  those  specifically  exempted), 
without  reference  to  the  kind  of  business  carried  on,  and  that  the  tax 
is  to  be  computed  upon  the  net  income  of  such  corporations,  joint- 
stock  companies,  associations,  and  insurance  companies,  which  shall 
be  calculated  by  subtracting  from  the  gross  income  received  from  all 
sources  during  the  year  certain  deductions  specifically  set  forth  in  the 
statute. 

Whether  Liable  to  Tax  or  not. — Every  corporation,  joint-stock  com- 
pany, association,  or  insurance  company  not  specifically  enumerated 
as  exempt  shall  make  the  return  required  by  law,  whether  it  may  have 
net  income  liable  to  tax  or  not. 

Income  of  Domestic  and  Foreign  Companies  Distinguished. — In  the 
case  of  corporations,  joint-stock  companies,  associations,  or  insurance 
companies  organized  under  the  authority  of  the  United  States  or  any 
State  or  Territory  thereof,  including  Alaska  and  District  of  Columbia, 
such  net  income  relates  not  only  to  the  business  carried  on  within  the 
confines  of  the  United  States,  but  to  income  received  from  business 
transacted  in  any  foreign  country  as  well.  In  case  of  corporations, 
joint-stock  companies,  and  associations  organized  under  the  authority 
of  foreign  countries  the  terms  ''Gross  income,"  "Net  income,"  and 
"Authorized  deductions"  relate  only  to  business  transacted  within 
the  United  States  or  any  State  or  Territory  thereof. 

Gross  Income. — The  following  definitions  and  rules  are  given  for 
determining  the  gross  income  of  the  various  classes  of  corporations: 

1-A.  Banks  and  Other  Financial  Institutions. — Gross  income  consists 
of  the  gross  revenue  derived  from  the  operation  and  management  of  the 
business  and  property  of  the  corporation  making  the  return,  together  with 
all  amounts  of  income  (including  dividends  received  on  stock  of  other 
corporations,  joint-stock  companies,  associations,  and  insurance  com- 
panies subject  to  this  tax)  derived  from  all  other  sources,  as  shown  by 
the  entries  on  its  books  from  January  1st  to  December  31st  of  the  year 
for  which  return  is  made. 

1-B.  Insurance  Companies. — Same  as  1-A  above. 

2.  Transportation  Companies. — Same  as  1-A  above. 

3.  Manufacturing  Companies. — Gross  income  received  during  the 
year   from   all  sources   will   consist  of   the   total   amount,    ascertained 


I 


120  hillyer's  legal  manual. 

through  an  accounting,  that  shows  the  difference  between  the  price 
received  for  the  goods  as  sold  and  the  cost  of  such  goods  as  manu- 
factured. The  cost  of  goods  manufactured  shall  be  ascertained  by  an 
addition  of  a  charge  to  the  account  of  the  cost  of  goods  as  manu- 
factured during  the  year  of  the  sum  of  the  inventory  at  beginning  of 
the  year  and  a  credit  to  the  account  of  the  sum  of  the  inventory  at 
the  end  of  the  year.  To  this  amount  should  be  added  all  items  of  in- 
come received  during  the  year  from  other  sources,  including  dividends 
received  on  stock  of  other  corporations,  joint-stock  companies,  asso- 
ciations, and  insurance  companies  subject  to  this  tax.  In  the  deter- 
mination of  the  cost  of  goods  manufactured  and  sold  as  above  such 
cost  shall  comprehend  all  charges  for  maintenance  and  operation  of 
manufacturing  plant,  but  shall  not  embrace  allowances  for  deprecia- 
tion of  property  nor  for  losses  sustained  which  are  to  be  taken  account 
of  in  ascertaining  the  net  income  subject  to  tax  under  the  proper  head- 
ing in  the  authorized  deductions. 

4.  Mercantile  Companies. — Gross  amount  of  income  received  during 
the  year  from  all  sources  consists  of  the  total  amount  ascertained 
through  inventory,  or  its  equivalent,  which  show^s  the  difference  betw^een 
the  price  received  for  goods  sold  and  the  cost  of  goods  purchased 
during  the  year,  with  an  addition  of  a  charge  to  the  account  of  the 
sum  of  the  inventory  at  beginning  of  the  year  and  a  credit  to  the  account 
of  the  sum  of  the  inventory  at  the  end  of  the  year.  To  this  amount 
should  be  added  all  items  of  income  received  during  the  year  from  other 
sources  inclusive  of  dividends  received  on  stock  of  other  corporations, 
joint-stock  companies,  associations,  and  insurance  companies  subject  to 
this  tax.  In  determining  this  amount  no  account  shall  be  taken  of  allow- 
ances for  depreciation  of  property,  nor  for  losses  sustained  which  are 
to  be  taken  account  of  in  ascertaining  the  net  income  subject  to  tax  under 
the  proper  heading  in  the  authorized  deductions. 

5.  Miscellaneous. — Gross  income  consists  of  the  gross  revenue  derived 
from  the  operation  and  management  of  the  business  and  property  of 
the  corporation  making  the  return,  together  with  all  amounts  of  income 
(including  dividends  received  on  stock  of  other  corporations,  joint-stock 
companies,  associations,  and  insurance  companies  subject  to  this  tax) 
derived  from  all  other  sources  as  shown  by  the  entries  on  the  books  from 
January  1st  to  December  31st  of  the  year  for  which  return  is  made. 

Gross  Income  and  Gross  Profits. — It  wdll  be  noted  from  these  defini- 
tions that  gross  income  is  practically  the  same  as  gross  profits,  the  only 
difference  being  that  gross  income  is  more  inclusive,  embracing  as  it  does 
not  only  gross  profits  of  the  corporation,  joint-stock  company  and  asso- 
ciation itself ,  but  also  all  amounts  of  income  received  from  other  sources. 
It  is  immaterial  whether  any  item  of  gross  income  is  evidenced  by  cash 
receipts  during  the  year  or  in  such  other  manner  as  to  entitle  it  to 
proper  entry  on  the  books  of  the  corporation  from  January  1st  to 
December  31st  for  the  year  in  which  return  is  made. 

Sale  of  Capital  Assets. — In  ascertaining  income  derived  from  the 
sale  of  capital  assets,  if  the  assets  were  acquired  subsequent  to  January 
1,  1909,  the  difference  between  the  selling  price  and  the  buying  price 


EXCISE  TAX  REGULATIONS — ACT  OF  1909.  121 

shall  constitute  an  item  of  gross  income  to  be  added  to  or  subtracted 
from  gross  income  according  to  whether  the  selling  price  was  greater 
or  less  than  the  buying  price.  If  the  capital  assets  were  acquired  prior 
to  January  1,  1909,  the  amount  of  increment  or  depreciation  represent- 
ing the  difference  between  the  selling  and  buying  price  is  to  be  adjusted 
so  as  to  fairly  determine  the  proportion  of  the  loss  or  gain  arising  sub- 
sequent to  January  1,  1909,  and  which  proportion  shall  be  deducted 
from  or  added  to  the  gross  income  for  the  year  in  which  the  sale  was 
made.  But  for  the  purpose  of  determining  the  selling  price,  as  provided 
in  this  section,  there  shall  be  added  to  the  price  actually  realized  on  sale 
any  amount  which  has  already  been  set  aside  and  deducted  from  gross 
income  by  way  of  depreciation  as  defined  in  article  4  and  has  not  been 
paid  out  in  making  good  such  depreciation  on  the  property  sold. 

Where  Corporation  Doing  More  Than  One  Class  of  Business. — Where 
a  corporation  is  engaged  in  carrying  on  more  than  one  class  of  business, 
gross  income  derived  from  the  different  classes  of  business  shall  be  ascer- 
tained according  to  the  definitions  above,  applicable  thereto. 

Deductions. — The  specified  deductions  actually  paid  within  the  year, 
set  forth  in  the  statute  and  as  described  in  article  3  preceding,  shall 
include  all  proper  items  of  expenses  and  charges  under  the  respective 
heads  as  designated.  The  amount  returned  for  ordinary  and  necessary 
expenses  actually  paid  within  the  year  out  of  income  in  maintenance 
and  operation  of  the  business  and  properties  of  the  corporation  should 
not,  however,  embrace  allowances  for  depreciation  of  fixed  property 
which  are  otherwise  to  be  taken  account  of  under  the  proper  heading 
in  the  authorized  deductions,  nor  expenses  paid  within  the  year  and 
charged  to  such  allowances  for  depreciation  credited  in  the  current  year 
or  in  previous  years.  In  ascertaining  expenses  proper  to  be  included 
in  the  deductions  to  be  made  under  this  article,  corporations  carrying 
materials  and  supplies  on  hand  for  use  should  include  in  such  expenses 
the  charges  for  materials  and  supplies  only  to  the  amount  that  the  same 
are  actually  disbursed  and  used  in  operation  and  maintenance  during 
the  year  for  which  the  return  is  made. 

Deductions,  How  Evidenced. — It  is  immaterial  whether  the  deduc- 
tions are  evidenced  by  actual  disbursements  in  cash,  or  whether  evi- 
denced in  such  other  way  as  to  be  properly  acknowledged  by  the  cor- 
porate officers  and  so  entered  on  the  books  as  to  constitute  a  liability 
against  the  assets  of  the  corporation,  joint-stock  company,  association,  or 
insurance  company  making  the  return. 

Losses. — The  deduction  for  losses  must  be  in  respect  of  losses 
actually  sustained  during  the  year  and  not  compensated  by  insurance 
or  otherwise.  It  must  be  based  upon  the  difference  between  the  cost 
value  and  salvage  value  of  the  property  or  assets,  including  in  the  latter 
value  such  amount,  if  any,  as  has  in  the  current  or  previous  years  been 
set  aside  and  deducted  from  gross  income  by  way  of  depreciation  as 
defined  in  the  following  section  and  not  been  paid  out  in  making  good 
such  depreciation. 

Depreciation. — The  deduction  for  depreciation  should  be  the  esti- 
mated amount  of  the  loss,  accrued  during  the  year  to  which  the  return 


122  HILLYER^S   LEGAL   MANUAL. 

relates,  in  the  value  of  the  property  in  respect  of  which  such  deduction 
is  claimed  that  arises  from  exhaustion,  wear  and  tear,  or  obsolescence 
out  of  the  uses  to  which  the  property  is  put,  and  which  loss  has  not  been 
made  good  by  payments  for  ordinary  maintenance  and  repairs  deducted 
under  the  heading  of  expenses  of  maintenance  and  operation  or  in  the 
ascertainment  of  gross  income.  This  estimate  should  be  formed  upon 
the  assumed  life  of  the  property,  its  cost  value,  and  its  use.  Expenses 
paid  in  any  one  year  in  making  good  exhaustion,  wear  and  tear,  or 
obsolescence  in  respect  of  which  any  deduction  for  depreciation  is 
claimed  must  not  be  included  in  the  deduction  for  expense  of  main- 
tenance and  operation  of  the  property  or  in  the  ascertainment  of  gross 
income,  but  must  be  made  out  of  accumulative  allowances  deducted  for 
depreciation  in  current  and  previous  years. 

Inventories. — It  will  be  noted  that  an  inventory  or  its  equivalent  of 
materials,  supplies,  and  merchandise  on  hand  for  use  or  sale  at  the  close 
of  each  calendar  year  is  essential  in  the  case  of  certain  corporations  in 
order  to  determine  the  gross  income,  and  in  case  of  other  corporations  to 
determine  their  expenses  of  operation.  Where  such  inventory  or  its 
equivalent  was  not  taken  at  the  close  of  the  year  1908,  a  supplemental 
statement  showing  such  inventory  approximately  must  be  submitted 
with  the  return  on  the  regular  form.  Such  supplemental  statement 
shall  be  verified  under  oath  by  the  treasurer  or  principal  financial  officer 
in  submitting  the  same. 

Explanatory  Note. — Where  any  item  under  any  of  the  deductions  is 
of  an  unusual  nature  a  special  explanatory  note  referring  to  such  item 
shall  be  made  and  attached  to  the  form  at  the  appropriate  place  and 
made  a  part  thereof  by  proper  reference. 

Contents  of  Return. — Each  return  is  required  to  set  forth: 

(a)  The  total  amount  of  the  paid-up  capital  stock  of  such  corpora- 
tions, joint-stock  companies  or  associations,  or  insurance  companies,  out- 
standincr  at  the  close  of  the  year; 

(b)  The  total  amount  of  bonded  and  other  indebtedness  of  such  cor- 
poration, joint-stock  company  or  association,  or  insurance  company,  at 
the  close  of  the  year; 

(c)  The  gross  amount  of  the  income  of  such  corporation,  joint-stock 
company  or  association,  or  insurance  company,  received  during  the  year 
from  all  sources,  and  if  organized  under  the  laws  of  a  foreign  country, 
the  gross  amount  of  its  income  received  within  the  year  from  business 
transacted  and  capital  invested  within  the  United  States  and  any  of  its 
territories,  Alaska,  and  the  District  of  Columbia. 

Such  returns  are  also  required  to  set  forth  the  items  claimed  as  de- 
ductions (Article  4),  also  the  net  income  after  such  deductions  have 
been  made. 

Forms  Prescribed. — Under  the  authority  conferred  by  this  act  forms 
of  return  have  been  prescribed,  in  which  the  various  items  specified  in 
the  law  are  to  be  stated. 

Blank  Forms. — Blank  forms  of  this  return  will  be  mailed  to  col- 
lectors and  should  be  furnished  to  every  corporation,  not  expressly  ex- 


EXCISE  TAX  REGULATIONS — ACT  OF  1909.  123 

cepted,  on  or  before  January  1,  1910,  and  on  or  before  January  Ist  of 
each  year  thereafter.  Failure  on  the  part  of  any  corporation,  joint- 
stock  company,  association,  or  insurance  company  liable  to  this  tax,  to 
receive  a  blank  form  will  not  excuse  it  from  making  the  return  required 
by  law,  or  relieve  it  from  any  penalties  for  failure  to  make  the  return 
in  the  prescribed  time.  Corporations  not  supplied  with  the  proper  forms 
for  makinof  the  return  should  make  application  therefor  to  the  collector 
of  internal  revenue  in  whose  district  is  located  its  principal  place  of 
business.  Each  corporation  should  carefully  prepare  its  return  so  as 
to  fully  and  clearly  set  forth  the  data  therein  called  for. 

Bookkeeping. — No  particular  system  of  bookkeeping  or  accounting 
will  be  required  by  the  Department.  However,  the  business  transacted 
by  corporations,  joint-stock  companies,  associations,  or  insurance  com- 
panies must  be  so  recorded  that  each  and  every  item  therein  set  forth 
may  be  readily  verified  by  an  examination  of  the  books  and  accounts, 
where  such  examination  is  deemed  necessary. 

Calendar  Year. — As  the  law  specifically  provides  that  the  tax  im- 
posed shall  be  computed  on  the  net  income  during  each  ^'calendar 
year,"  returns  of  income  based  on  any  period  other  than  the  calendar 
year  cannot  be  accepted. 

Newly  Organized  and  Liquidating  Corporation. — Corporations 
organized  during  the  year  or  going  into  liquidation  during  the  year 
should  nevertheless  render  a  sworn  return  on  the  prescribed  form. 

Record  of  Returns. — Collectors  will  see  that  as  soon  as  each  return 
made  by  any  corporation  is  received  a  record  on  Form  632  is  made, 
setting  out  the  name  of  the  corporation  making  the  return,  the  nature 
of  the  principal  business  transacted,  the  location  of  principal  place  of 
business,  with  net  income  reported,  and  the  date  on  which  such  return 
was  received.  The  date  of  receipt  in  each  case  will  be  noted  in  the  last 
column  of  that  form,  in  which  column  the  list  on  which  assessment  is 
made  Avill  also  be  noted.  For  this  purpose  the  column  so  used  may  be 
subdivided,  or  the  date  of  receipt  of  such  returns  may  be  noted  in  red 
ink  over  the  date  entered  therein  as  to  such  assessment  list. 

Special  Agents. — Any  collector  will,  whenever  it  appears  advisable 
to  do  so,  request  that  a  revenue  agent  be  specially  designated  to  collect 
and  furnish  this  oiBce  with  such  other  data  as,  in  his  judgment,  is  neces- 
sary to  determine  the  actual  amount  of  tax  to  be  assessed  against  any 
corporation,  joint-stock  company,  or  association  which  under  the  law 
set  forth  in  these  regulations  is  required  to  make  return. 

Report  of  Noncompliances. — Such  returns  are  required  to  be  made 
not  later  than  March  1st  of  each  year,  and  any  failure  to  comply  with  the 
law  in  this  regard  should  be  at  once  reported  by  the  collector  to  the  Com- 
missioner of  Internal  Revenue. 

Canvass  of  Districts. — To  enable  collectors  to  determine  whether  all 
returns  due  have  been  received,  a  careful  canvass  of  each  district  should 
be  made,  and  all  corporations,  joint-stock  companies,  and  associations 
subject  to  the  tax  imposed  should  be  listed  as  above  directed. 


124  hillyer's  legal  manual. 

Classification. — For  statistical  purposes  all  such  corporations,  joint- 
stock  companies,  and  associations  will  be  classified  as  follows: 

Class  A:  Financial  and  Commercial. — Including  banks,  banking  as- 
sociations, trust  companies,  guaranty  and  surety  companies,  title  insur- 
ance companies,  building  associations  (if  for  profit),  and  insurance  com- 
panies not  specifically  exempt. 

Class  B :  Piihlic  Service. — Such  as  railroads,  steamboat,  ferryboat,  and 
stage-line  companies;  pipe-line,  gas,  and  electric  light  companies;  ex- 
press, transportation,  and  storage  companies;  telegraph  and  telephone 
companies. 

Class  C :  Industrial  and  Manufacturing. — Such  as  mining,  lumber, 
and  coke  companies;  rolling-mills;  foundry  and  machine-shops;  saw- 
mills; flour,  woolen,  cotton,  and  other  mills;  manufacturers  of  cars, 
automobiles,  elevators,  agricultural  implements,  and  all  articles  man- 
ufactured wholly  or  in  part  from  metal,  wood,  or  other  material; 
manufacturers  or  refiners  of  sugar,  molasses,  syrups,  or  other  products ; 
ice  and  refrigerating  companies;  slaughter-house,  tannery,  packing,  or 
canning  companies,  etc. 

Class  D :  Mercantile. — Including  all  dealers  -(not  otherwise  classed 
as  producers  or  manufacturers)  in  coal,  lumber,  grain,  produce,  and 
all  goods,  wares,  and  merchandise. 

Class  E :  Miscellaneous. — Such  as  architects,  contractors,  hotel, 
theater,  or  other  companies,  or  associations,  not  otherwise  classed. 

When  classified  as  above  indicated  the  names  of  the  various  corpora- 
tions, companies,  and  associations  will  be  listed  alphabetically,  and  will 
be  numbered  consecutively  (commencing  with  No.  1  in  each  class),  and 
in  forwarding  returns  or  papers  subsequently  rendered  or  submitted 
by  such  corporations  or  companies  collectors  will  see  that  the  same  have 
placed  thereon  the  designating  class  letter  and  number  corresponding 
with  those  noted  on  the  lists  herein  required  to  be  furnished. 

Assessment  and  Notice. — ^Upon  the  receipt  and  verification  of  the 
returns  rendered,  the  tax  as  ascertained  to  be  due  will  be  assessed  as 
above  prescribed;  and  notice  of  such  assessment  will  be  given  and  sub- 
sequent demand  made  (if  necessary)  on  Forms  17  and  21,  respectively. 

In  case  of  failure  to  make  returns  within  the  time  and  manner 
required  by  the  statute,  or  where  the  return  rendered  is  found  or  be- 
lieved to  be  incorrect,  action  in  such  cases  will  be  taken,  as  provided  in 
paragraph  4  of  the  law. 

The  additional  tax  imposed  by  paragraph  5  of  the  law  for  failure  to 
make  the  required  return,  or  for  making  a  false  or  fraudulent  return, 
will  in  all  cases  be  assessed  as  therein  provided. 

Collection  of  Tax. — The  tax  assessed  under  the  provisions  of  this 
act  will  be  collected  and  will  be  receipted  for  on  Form  1,  as  in  the  case 
of  other  assessed  taxes.  Unless  paid  within  the  time  fixed  by  the  stat- 
ute, notice  and  demand  should  be  at  once  issued,  and,  in  case  of  non- 
payment, distraint  proceedings  should  be  instituted  without  delay. 


SYNOPSIS   OF   DECISIONS — ACT   OF    1909.  125 

SYNOPSIS  OF  DECISIONS  OF  TREASURY  DEPART- 
MENT RELATING  TO  SPECIAL  EXCISE  TAX 
ON  CORPORATIONS. 

The  Corporation  Excise  Tax  of  1909  is  re-enacted  and  modified  by 
the  Income  Tax  Law  of  1913.  The  following  synopsis  of  decisions  of  the 
Treasury  Department  under  the  old  law  is  inserted  as  a  guide  to  the 
rulings  which  will  probably  be  made  under  the  new  law,  in  so  far  as  it 
re-enacts  the  old: 

CLASS  OF  CORPORATIONS,  ETC.,  SUBJECT  TO  TAX. 

1.  Tax  Applies  to  All  Corporations. — The  tax  imposed  by  the  act 
applies  to  all  corporations,  joint-stock  companies,  and  associations, 
and  every  insurance  company  except  those  specifically  exempted,  with- 
out reference  to  the  kind  of  business  carried  on. 

2.  Return  Though  Net  Income  Less  Than  $5,000. — ^Every  corpora- 
tion, etc.,  not  specifically  enumerated  as  exempt  shall  make  the  return 
required  by  law,  although  its  net  income  during  the  year  may  not 
have  exceeded  $5,000.     (Opin.  Atty.  Gen.,  Jan.  24,  1910.) 

3.  Exempt  Corporations  to  Make  Return. — Corporations  claiming 
special  exemption  should  nevertheless  make  return  (in  blank,  if  de- 
sired) accompanied  by  a  statement  setting  forth  the  ground  on  which 
exemption  is  claimed.  Failure  to  receive  blanks  upon  which  to  make 
return  is  no  excuse  for  delinquency  in  making  return,  as  there  is  no 
duty  imposed  upon  the  Government  to  furnish  corporations  with  such 
blanks. 

4.  Charitable  Institutions  Should  File  Return. — ^Charitable  institu- 
tions supported  by  voluntary  contributions  or  State  appropriations  are 
held  to  be  exempt  from  the  payment  of  the  special  excise  tax  on  cor- 
porations, but  should  file  a  return  in  blank  as  provided  in  paragraph 
3  hereof. 

5.  Corporations  Organized  or  Liquidating  Within  Year. — Corpora- 
tions, etc.,  organized  during  the  year  or  going  into  liquidation  during 
the  year  should  nevertheless  render  a  sworn  return  on  the  prescribed 
form.  The  tax  imposed,  however,  does  not  apply  to  corporations 
which  went  out  of  existence  prior  to  the  passage  of  the  act  (August  5, 
1909). 

6.  Dissolved  Company. — Where  company  has  dissolved  and  the  re- 
quired return  is  not  made  by  its  officers,  such  return  will  be  prepared 
by  commissioner.     (T.  D.  1736.) 

7.  Bankrupt  Corporation. — ^Where  corporation  has  gone  into  bank- 
ruptcy, returns  in  such  cases  to  be  made  by  trustee  in  bankruptcy. 

8.  Railroad  Companies  Operating  Leased  Lines. — Railroad  com- 
panies operating  leased  or  purchased  lines  to  include  all  receipts  de- 
rived therefrom,  and  if  bonded  indebtedness  has  been  assumed  may 
deduct  interest  thereon  to  an  amount  not  exceeding  its  own  paid-up 


126 

capital  stock.     If  such   subsidiary   companies  receive  income   in  the 
way  of  rentals,  etc.,  return  to  be  also  made  by  such  companies. 

9.  Income  of  Domestic  Corporations. — ^Corporations,  etc.,  organized 
under  the  authority  of  the  United  States  or  any  State  or  Territory 
thereof,  or  Alaska  or  the  District  of  Columbia,  to  include  in  their  re- 
turns not  only  the  income  derived  from  the  business  carried  on  within 
the  confines  of  the  United  States,  but  income  received  from  business 
transacted  in  any  foreign  country  as  well. 

10.  Subsidiary  Companies. — Corporations  having  branch  or  sub- 
sidiary companies  to  include  in  their  returns  the  income  of  all  such 
companies  when  no  distinction  is  made  in  operating  and  accounting 
by  reason  of  the  separate  incorporation  of  such  subsidiary  companies: 
otherwise  a  return  by  each  corporation  should  be  made. 

11.  Foreign  Companies  Designate  Principal  Office,  etc. — Foreign 
companies  having  several  branch  offices  in  the  United  States  should 
each  designate  one  of  such  branches  as  its  principal  office  and  should 
also  designate  the  proper  offices  to  make  the  required  return. 

12.  Separate  Returns  by  Consolidated  Corporations. — Where  a  con- 
solidation of  two  or  more  corporations  has  been  effected  during  the 
year,  and  each  or  any  such  corporation  subsequent  to  such  consolida- 
tion collects  prior  existing  debts,  each  such  corporation  should  make 
separate  return  and  include  therein  all  such  collected  debts,  as  also 
all  income  received  during  the  year  prior  to  the  date  of  consolidation. 

13.  Principal  Place  of  Business — ''Principal  place  of  business"  is 
held  to  mean  the  principal  office  where  the  company  keeps  its  books 
from  which  the  required  return  is  to  be  prepared,  and  not  necessarily 
the  place  where  the  operating  plant  is  located. 

14.  Calendar  Year. — As  the  law  specifically  provides  that  the  tax 
imposed  shall  be  computed  on  the  net  income  during  each  calendar 
year,  returns  of  income  based  on  any  period  other  than  the  calendar 
year  cannot  be  accepted. 

15.  Paid-up  Capital  Stock. — Full  amount  of  stock,  as  represented  by 
the  par  value  of  the  shares  issued,  to  be  regarded  as  the  paid-up  capital 
stock,  except  when  such  stock  is  assessable  on  account  of  deferred 
payments  in  which  case  the  amount  actually  paid  on  such  shares  will 
constitute  the  actual  paid-up  capital  stock  of  the  corporation. 

16.  Preferred  and  Common  Stock. — ^Capital  stock  held  to  include 
both  preferred  and  common  stock. 

17.  Surplus  and  Undivided  Profits. — Surplus  and  undivided  profits 
not  to  be  included  in  capital  stock. 

18.  Voting  Trusts. — Holding  companies  known  as  ''voting  trusts," 
receiving  only  dividends  on  stock  held,  and  having  no  capital  stock, 
etc.,  not  liable. 

19.  Mutual  Savings  Banks. — Mutual  savings  banks  having  no  capital 
stock  not  liable  to  tax  imposed.     (Opin.  Atty.  Gen.,  Feb.  14,  1910.) 


SYNOPSIS  OF  DECISIONS — ACT  OF  1909.  127 

20.  Co-operative  Dairies. — Co-operative  dairies  not  issuing  stock 
and  allowing  patrons  dividends  based  on  butter  fat  in  milk  furnished 
not  liable. 

21.  Foreign  Steamship  Companies. — ^I'oreign  steamship  companies 
having  no  office  in  the  United  States,  whose  vessels  only  occasionally 
touch  at  ports  in  the  United  States,  not  regarded  as  doing  business 
in  this  country  within  the  meaning  of  the  statute. 

22.  Companies  Organized  in  Porto  Rico. — Companies  organized  in 
Porto  Rico  and  not  engaged  in  business  in  the  United  States  not  sub- 
ject to  tax. 

23.  Corporations  Owning  Plantations. — Corporations  owning  sugar 
or  other  plantations  and  disposing  of  the  products  thereof  not  entitled 
to  exemption  as  agricultural  organizations. 

24.  Corporations  Organized  to  Sell  Provisions. — Corporations  or- 
ganized to  sell  provisions,  etc.,  to  stockholders  and  others  not  ex- 
empted. 

25.  Corporations  Organized  for  Holding  Real  Estate. — Corporations 
organized  for  the  purpose  of  holding  real  estate  to  make  return  of  in- 
come derived  from  the  property  so  held. 

26.  Final  Return  by  Liquidating  Corporation. — Corporations  going 
into  liquidation  during  any  tax  period  may,  at  the  time  of  such  liqui- 
dation, prepare  a  "final  return"  covering  the  business  done  during 
the  fractional  part  of  the  year  during  which  they  were  engaged  in 
business,  and  immediately  file  the  same  with  the  collector  of  the  dis- 
trict in  which  the  corporation  has  its  principal  place  of  business. 

27.  Hail,  Storm  and  Lightning  Companies. — Corporations  organized 
for  the  purpose  of  insuring  against  death,  or  injury  by  accident,  or 
against  damage  to  property  by  hail,  storm,  or  lightning,  however 
maintained,  are  held  to  be  insurance  companies,  and  unless  they  may 
be  properly  classed  as  "fraternal  beneficiary  organizations  operating 
under  the  lodge  svstem,"  must  make  returns  of  annual  net  income. 
(T.  D.  1738.) 

28.  Agricultural  and  Horticultural  Associations. — Corporations  en- 
gaged in  agricultural  or  horticultural  pursuits  for  profit  are  liable 
under  the  law  to  make  returns  and  to  pay  the  special  excise  tax  there- 
by shown  to  be  due.  Agricultural  and  horticultural  associations 
specifically  enumerated  as  exempt  are  held  to  be  such  associations  as 
county  fairs  or  like  organizations,  not  themselves  engaged  in  such  pur- 
suits, but  which,  by  means  of  awards,  etc.,  are  intended  to  encourage 
better  production,  and  no  part  of  w^hose  net  income  inures  to  the 
benefit  of  any  private  stockholder  or  individual.     (T.  D.  1737.) 

29.  Fruit  Growers'  Associations. — Fruit  growers'  associations  whose 
purpose  is  to  promote  the  mutual  benefit  of  their  members  in  growing, 
harvesting,  and  marketing  their  products,  and  w^hich  are  not  organized 
for  profit  and  have  no  capital  stock  represented  by  shares,  and  whose 
income  is  derived  wholly  from  membership  fees,  dues,  and  assess- 
ments to  meet  necessary  expenses,  are  not  liable. 


128 

30.  Corporations  Growing  Fruits,  Vegetables,  and  Like  Products. — 

Corporations  engaged  in  growing  fruits,  vegetables,  and  like  products 
for  profit,  and  distributing  such  profits  among  their  members  on  the 
basis  of  the  capital  invested,  are  liable  and  must  make  returns  and 
pay  taxes,  if  any  are  found  to  be  due.     (T.  D.  1737.) 

31.  Associations  or  trusts  voluntarily  formed  by  parties  at  interest 
and  not  organized  "under  the  laws  of  the  United  States  or  of  any 
State  or  Territory  thereof,  or  of  the  laws  applicable  to  the  District  of 
Columbia  or  Alaska,"  are  not  corporations  within  the  meaning  and 
intent  of  the  law,  and  are  not  liable.  (U.  S.  Supreme  Court  opinion 
in  Amory  Eliot  vs.  James  G.  Freeman  et   al..  No.  448.) 

32.  National  Banks. — National  banks  do  not  come  within  any  of 
the  exemptions  named  in  the  act. 

33.  Agricultural  Organizations. — "Agricultural  organizations"  held 
not  to  come  within  the  statutory  exemption,  unless  their  chief  object 
is  the  promotion  or  advancement  of  agricultural  interest,  and  no  part 
of  the  net  income  inures  to  the  benefit  of  their  stockholders. 

34.  Mutual  Hail  Association. — Mutual  hail  association  regarded  as 
an  insurance  company  and  not  as  an  agricultural  association,  and 
therefore  liable  to  tax. 

35.  Mutual  Fire  Insurance  Companies. — ^Exemption  in  favor  of  fra- 
ternal beneficiary  associations  does  not  apply  to  mutual  fire  insurance 
companies. 

36.  Limited  Partnerships. — Limited  partnerships,  if  organized  for 
profit  and  having  a  capital  stock  represented  by  shares,  although  no 
''certificates  of  stock"  are  issued,  are  liable  to  the  tax  imposed. 
(Opin.  Atty.  Gen.,  Feb.  14,  1910.) 

37.  Interest  Received  on  Government  Bonds. — Interest  received  on 
government  bonds  to  be  included  in  gross  income.  (Opin.  Atty.  Gen.. 
Jan.  13,  1910.) 

38.  Returns  Verified  by  Two  Officers — Agents  for  Foreign  Steam- 
ship Companies. — Returns  should  be  signed  and  verified  by  two  of  the 
officers  designated  in  the  law.  Signing  of  one  person  holding  two 
such  offices  not  permitted.  Agents  for  foreign  steamship  companies 
may  sign  the  required  returns,  if  so  authorized  by  their  companies. 

39.  Corporate  Seal. — ^Returns  not  required  to  have  corporate  sea] 
affixed. 

40.  Returns  Filed  With  Deputy  Collector. — Returns  filed  wdth 
deputy  collector  regarded  as  having  been  filed  with  collector. 

41.  Protest. — No  form  of  protest  prescribed.  Any  form  of  protest 
sufficient  if  filed  before  payment  of  tax.  Right  of  protest  not  to  be 
denied. 

INVENTORIES,   ACCOUNTS,  ETC. 

42.  Supplemental  Statement. — Where  an  inventory  or  its  equiva- 
lent was  not  taken  at  the  close  of  the  year  1908,  a  supplemental  state- 
ment showing  such  inventory  approximately  must  be  submitted  with 


SYNOPSIS  OF  DECISIONS — ACT  OF  1909.  129 

the  return  on  the  regular  form.  Such  supplemental  statement  shall 
be  verified  under  oath  by  the  treasurer  or  principal  financial  officer 
submitting  the  same.     (T.  D.  1578.) 

43.  Profits  on  Sale  of  Real  Estate — Increase  in  Value  of  Unsold 
Property. — Profits  realized  on  sale  of  real  estate  during  the  year,  also 
increase  in  value  of  unsold  property,  if  taken  up  on  the  books  of  the 
corporation,  to  be  included  in  income. 

44.  Cost  of  Manufactured  Articles. — Cost  of  manufactured  articles, 
or  articles  in  process  of  manufacture,  held  to  include  original  cost  of 
materials  used  plus  cost  of  labor,  etc. 

45.  Mortgaged  Real  Estate. — Mortgaged  real  estate  should  be  inven- 
toried at  its  full  value  and  amount  of  mortgage  reported  as  indebted- 
ness. 

46.  Sale  of  Patent  Rights. — Receipts  from  sale  of  patent  rights  to 
be  included  in  income. 

47.  Bookkeeping. — No  particular  system  of  bookkeeping  or  account- 
ing will  be  required  by  the  department.  However,  the  business  trans- 
acted by  corporations,  etc.,  must  be  so  recorded  that  each  and  every 
item  therein  set  forth  may  be  readily  verified  by  an  examination  of  the 
books  and  accounts  where  such  examination  is  deemed  necessary. 

48.  Increase  in  Value  of  Assets. — Any  increase  in  the  value  of  the 
capital  assets,  as  determined  hy  a  physical  revaluation  and  taken 
cognizance  of  by  the  corporation  in  book  entries,  is  gain  and  must  be 
accounted  for  as  income  for  the  year  in  which  such  increase  is  so 
recognized  and  recorded. 

DEDUCTIONS,  EXPENSES,  ETC. 

49.  Deduction,  How  Evidenced  in  Books. — It  is  immaterial  whether 
the  deductions  are  evidenced  by  actual  disbursements  in  cash  or 
whether  evidenced  in  such  other  way  as  to  be  properly  acknowledged 
by  the  corporate  officers  and  so  entered  on  the  books  as  to  constitute 
a  lia'  ility  against  the  assets  of  the  corporation,  etc.,  making  the 
return. 

50.  Mortgage  Indebtedness. — Mortgage  indebtedness  on  real  estate, 
if  assumed  by  the  corporation  acquiring  such  real  estate,  to  be  in- 
cluded in  the  indebtedness  of  the  corporation.  But  if  not  so  assumed 
and  remains  only  as  a  lien  on  the  property,  interest  paid  thereon  may 
be  deducted  as  a  charge  "made  as  a  condition  to  the  continued  use  or 
possession  of  the  property."     (Opin.  Atty.  Gen.,  Feb.  21,  1910.) 

51.  Cost  of  Erecting  Building. — Cost  of  erecting  building,  if  in- 
cluded in  lease  under  which  property  is  held  by  company,  is  a  proper 
deduction,  to  be  prorated  according  to  time  fixed  by  lease. 

52.  General  Expenses  of  Foreign  Steamship  Companies. — General 
expenses,  such  as  coal,  ship  stores,  etc.,  of  foreign  steamship  com- 
panies, to  be  prorated  as  provided  in  act  for  interest  deductions. 

9 


130  hillyer's  legal  manual. 

53.  Nursery  Companies. — Amount  received  by  nursery  companies 
from  sales  of  trees,  etc.,  less  amount  expended  for  seedlings  and  young 
trees,  to  be  included  in  gross  income.  Amount  expended  for  labor, 
salesmen,  etc.,  to  be  deducted  as  expenses. 

54.  Commissions. — Commissions  allowed  salesmen,  paid  in  stock, 
may  be  deducted  as  expense  if  so  charged  on  books. 

55.  Sales  of  Stock  and  Bonds. — Sales  of  stock  and  bonds  are  re- 
garded as  sales  of  capital  assets  and  should  be  so  accounted  for.  (Art. 
2,  regs.  31.)  But  proceeds  derived  from  sale  of  bonds  used  in  defray- 
ing ordinary  and  necessary  expenses  are  a  proper  deduction  in  deter- 
mining the  company's  net  income. 

56.  Stock  Issued — Notes  Issued — Notes  Paid. — Stock  issued  in  pay- 
ment of  property  purchased  represents  capital  investments  and  notes 
issued  during  the  year  represent  indebtedness.  Corporate  funds  ap- 
plied to  the  payment  of  outstanding  notes  not  a  proper  deduction  in 
ascertaining  net   income. 

57.  Additions  and  Betterments. — Amounts  expended  in  additions 
and  betterments  w^hich  constitute  an  increase  in  capital  investment  not 
a  proper  deduction. 

58.  Dividends  Received. — Dividends  received  by  corporations  on 
stock  of  other  corporations  v^^hose  net  income  does  not  exceed  $5,000 
is  nevertheless  a  proper  deduction  under  the  law.  (Opin.  Atty.  Gen., 
Jan.  24,  1910.) 

59.  Dividends  Received  on  Stock  of  Foreign  Corporations. — Divi- 
dends received  on  stock  of  foreign  corporations  not  subject  to  tax 
not  a  proper  deduction. 

60.  Dividends  Paid  Employees. — Dividends  paid  employees  in  lieu 
of  wages  not  proper  deduction  as  expenses. 

61.  Royalties  on  Patent  Rights. — Royalties  on  patent  rights  to  be 
reported  as  income.  Allowance  for  depreciation  of  patents  expiring 
during  year,  however,  will  be  allowed. 

62.  Lands  Bought  Prior  to  January  1,  1909. — In  the  case  of  lands 
bought  prior  to  January  1,  1909,  and  sold  during  any  subsequent  year, 
the  profits  arising  from  such  sale,  if  no  accounting  of  increased  value 
of  land  was  made  in  returns  for  previous  years,  should  be  prorated 
in  accordance  with  the  number  of  years  the  land  was  held  by  the 
corporation  and  the  number  of  years  the  law  was  in  effect. 

63.  Banks  Paying  Taxes  Assessed  Against  Stockholders. — Banks 
paying  taxes  assessed  against  their  stockholders  because  of  their 
ownership  of  the  shares  of  stock  issued  by  such  bank  cannot  deduct 
the  amount  of  tax  so  paid  in  making  their  return  for  the  special  excise 
tax  on  corporations. 

64.  Pensions  to  Employees — Donations  to  Charitable  Institutions. — 
Amounts  paid  for  pensions  to  retired  employees,  or  to  their  families 
or  others  dependent  upon  them,  or  on  account  of  injuries  received  by 
employees,    are   proper   deductions    as   '^  ordinary    and   necessary    ex- 


SYNOPSIS  OF  DECISIONS — ACT  OF  1909.  131 

penses";  gifts  or  gratuities  to  employees  in  the  service  of  a  corpora- 
tion are  not  properly  deductible  in  ascertaining  net  income.  Dona- 
tions made  for  purposes  connected  with  the  operation  of  the  property 
when  limited  to  charitable  institutions,  hospitals,  or  educational  insti- 
tutions, conducted  for  the  benefit  of  its  employees,  or  their  depend- 
ents, shall  be  proper  as  a  deduction  under  the  same  head. 

65.  Excessive  Salaries. — Where  allowances  on  account  of  salaries 
are  deemed  excessive  and  for  the  purpose  of  evading  the  tax  due, 
investigation  will  be  made,  and  if  the  facts  warrant  prosecution  will 
follow. 

66.  Interest  on  Deposits. — Interest  paid  on  time  deposits  and  deposits 
subject  to  check  constitutes  a  proper  deduction  from  the  amount  of 
gross  income  during  the  year. 

67.  Interest  on  Portions  of  Bonded  Indebtedness. — Interest  on  por- 
tions of  bonded  or  other  indebtedness  bearing  different  rates  of  inter- 
est may  be  deduced  from  gross  income  during  the  year,  provided  the 
aggregate  amount  of  such  indebtedness  does  not  exceed  the  paid-up 
capital  stock  of  the  corporation. 

68.  Interest  on  Notes  Given  Prior  to  January  1,  1909. — Interest  paid 
during  the  year  on  notes  given  prior  to  January  1,  1909,  to  be  pro- 
rated. But  interest  on  notes  given  in  1909,  and  payable  subsequent 
to  December,  1909,  unless  charged  on  the  company's  books,  is  not  a 
proper  deduction  from  the  income  of  that  year. 

69.  Deductions  Accruing  Prior  to  January  1,  1909. — Interest,  taxes, 
or  other  items  allowable  as  deductions,  accruing  prior  to  January  1, 
1909,  are  not  allowable  deductions  from  the  gross  income  of  years 
subsequent  thereto. 

70.  Unearned  Premiums. — Unearned  premiums  set  aside  by  insur- 
ance companies  as  reserve  not  to  be  included  as  income  until  earned, 
unless  the  same  shall  be  entered  on  the  ledger  as  income  during  the 
year  in  which  received. 

71.  Insurance  Fund. — Funds  set  aside  by  company  for  insuring 
their  own  property  not  a  proper  deduction. 

72.  Interest  on  Government  Bonds. — As  the  tax  imposed  is  meas- 
ured by  and  is  not  a  tax  upon  the  net  receipts  of  corporations,  etc., 
interest  received  during  the  year  on  Government  bonds  is  not  a  proper 
deduction  from  such  income  in  determining  the  amount  of  tax  due. 
(Opin.  Atty.  Gen.,  T.  D.  1583.) 

73.  State,  County,  or  Municipal  Taxes.— State,  county,  or  municipal 
taxes  paid  during  the  year  a  proper  deduction  in  ascertaining  the  net 
income  of  corporations. 

74.  Import  Duties  or  Taxes. — Import  duties  or  taxes  if  included 
in  arriving  at  cost  of  goods  are  not  deductible  under  the  head  of  taxes 
paid  during  the  year. 

75.  Bad  Debts. — Bad  debts,  if  so  charged  off  the  company's  books 
during  the  year,  are  proper  deductions.  But  such  debts,  if  subse- 
quently collected,  must  be  treated  as  income. 


k 


132 

76.  Net  Addition  to  Reserves. — The  net  addition  to  reserves  of 
insurance  companies,  required  by  law,  may  be  based  on  the  highest 
amount  of  reserves  required  by  any  State  in  which  the  insurance  com- 
pany does  business.     (T.  D.  1727.)^ 

77.  Reserves  for  Taxes. — Reserves  for  taxes  cannot  be  allowed,  as 
the  law  specifically  provides  that  only  such  sums  as  are  paid  within  the 
year  for  taxes  can  be  deducted.     (T.  D.  1727.) 

78.  Bonds  Purchased  Above  Par. — Where  a  corporation  or  insurance 
company  holds  bonds  w^hich  were  purchased  at  a  rate  above  par,  and  a 
proportionate  deduction  of  the  value  of  such  bonds  is  made  on  its 
books  each  year  so  that  the  book  value  shall  be  the  redemption  value 
of  the  bonds  when  they  become  due  and  payable,  the  return  of  annual 
net  income  may  show  the  depreciation  on  account  of  amortization  of 
such  bonds.     (T.  D.  1727.) 

79.  Dividends  Declared  by  Insurance  Companies. — Dividends  de- 
clared by  insurance  companies  are  not  deductible  from  gross  income 
under  the  guise  of  rebates  or  otherwise,  and  such  dividends  when  ap- 
plied to  the  payment  of  renewal  premiums,  or  to  shorten  the  endow- 
ment or  premium-paying  period,  or  applied  to  purchase  paid-up  addi- 
tions and  annuities,  must  be  considered  and  accounted  for  as  income. 
(T.  D.  1743.) 

80.  Rentals  of  Railroad  Properties  Paid  Directly  to  Stockholders. — 
Railroad  or  other  corporations  which  have  leased  their  properties  in 
consideration  of  a  rental  equivalent  to  a  certain  rate  of  interest  on  its 
outstanding  capital  stock  and  the  interest  on  the  bonded  indebtedness, 
and  such  rental  is  paid  by  the  lessee  directly  to  the  stock  and  bond 
holders,  should,  nevertheless,  make  a  return  of  annual  net  income 
showing  the  rental  so  paid  as  having  been  received  by  the  corporation. 

81.  Salaries  Paid  to  Stockholder. — Salaries  paid  to  an  officer  who  is 
a  stockholder,  to  constitute  an  allowable  deduction,  must  be  a  reason- 
able and  fair  compensation  for  the  services  rendered,  regardless  of  the 
amount  of  stock  which  such  officer  may  hold,  and  must  have  been 
authorized  by  the  board  of  directors  and  made  a  matter  of  record  on 
the  minute  books  of  the  corporation. 

82.  " Goodwill. ' ' — ''Goodwill"  represents  the  value  attached  to  a 
business  over  and  above  the  value  of  the  physical  property,  and  is  such 
an  entirely  intangible  asset  that  no  claim  for  depreciation  in  connec- 
tion therewith  can  be  allowed. 

DEPRECIATION. 

83.  Depreciation  must  be  Charged  Off. — Depreciation  to  be  an  allow- 
able deduction  in  the  return  of  annual  net  income  of  a  corporation 
must  be  charged  off  on  the  ledger  of  the  corporation,  so  as  to  show  a 
reduction  in  the  eapital  assets  of  the  corporation  to  the  extent  of  the 
depreciation  claimed. 

84.  Depreciation,  How  Based  and  Evidenced.— Deduction  on  account 
of  depreciation  of.  property  must  be  based  on  lifetime  of  property,  its 
cost,  value,  and  use,  and  must  be  evidenced  by  a  ledger  entry  and  a 


SYNOPSIS  OF  DECISIONS — ACT  OF  1909.  133 

like  reduction  in  the  plant  and  property  account  with  respect  to  which 
the  depreciation  is  claimed. 

85.  Stocks  and  Bonds. — In  the  case  of  corporations  .owning  stocks 
and  bonds  or  other  securities,  if  an  annual  adjustment  of  the  value  of 
such  securities  is  made  and  the  adjusted  values  made  a  matter  of  ledger 
entry,  the  appreciation  of  such  securities  as  so  entered  must  be  ac- 
counted for  as  income,  and  the  depreciation  may  be  deducted  from 
gross  income.  If  no  annual  adjustment  is  made,  and  the  securities  are 
carried  from  year  to  year  ais  a  permanent  investment,  there  will  be 
neither  gain  nor  loss,  as  to  the  principal  of  such  securities,  until  the 
same  shall  have  been  disposed  of,  when  the  gain  or  loss  as  compared 
with  the  original  cost  shall  be  prorated,  and  the  amount  of  such  gain 
or  loss  apportioned  to  the  years  since  the  incidence  of  the  tax,  to  wit, 
January  1,  1909,  shall  be  added  to  or  deducted  from  the  gross  income 
of  the  year  in  which  the  securities  were  so  disposed  of. 

86.  Increase  or  Decrease  in  the  Value  of  Real  Estate. — Where  in- 
crease or  decrease  during  the  year  in  the  value  of  real  estate  acquired 
in  previous  years,  sold  or  held  for  sale,  is  taken  up  on  the  books  and 
the  rate  cannot  be  accurately  determined  with  respect  to  individual 
years,  such  increase  or  decrease  may  be  prorated  as  provided  by  regu- 
lations in  cases  of  sale  of  capital  assets. 

87.  Premiums  on  Stocks  and  Bonds. — Premiums  on  stocks  and  bonds 
arbitrarily  charged  off  on  the  books  of  a  corporation  do  not  constitute 
a  proper  deduction  on  account  of  depreciation,  unless  there  shall  have 
been  an  actual  shrinkage  in  value  of  such  stocks  and  bonds  to  the 
extent  of  the  deduction  claimed  during  the  year  for  which  the  return 
is  made. 

88.  Net  Income  on  Uncompleted  Contracts. — Net  income  on  uncom- 
pleted contracts  may  be  estimated  on  the  basis  of  the  percentage  of 
the  work  completed  as  compared  with  the  contract  price  of  the  whole 
work. 

89.  Cost  of  Drilling  Wells. — ^Cost  of  drilling  new  wells  by  oil  corpo- 
rations is  considered  betterments  and  additions  to  the  capital  assets 
of  the  corporation.  The  expense  of  drilling  dry  wells  may,  however, 
be  charged  to  profit  and  loss. 

90.  Discounts. — Discounts,  other  than  bank  discounts  on  notes  exe- 
cuted by  a  corporation,  should  be  segregated  from  the  interest  item  on 
the  return,  and  should  be  included  under  expenses,  item  4. 

91.  Removal  of  Timber. — The  mere  removal  of  timber  by  cutting 
from  timber  lands,  unless  the  timber  is  otherwise  disposed  of  through 
sales  or  plant  operations,  is  considered'  simply  a  change  in  form  of 
assets.  If  said  timber  is  disposed  of  through  sales  or  otherwise  it  is 
to  be  accounted  for  in  accordance  with  regulations  governing  disposi- 
tion of  capital  and  other  assets. 

92.  Deduction,  How  Based. — Deduction  on  account  of  depreciation  of 
property  must  be  based  on  lifetime  of  property,  its  cost,  value,  and  use. 

93.  Loss  Due  to  Voluntary  Removal  of  Buildings. — Loss  due  to  vol- 
untary removal  of  buildings,  etc.,  incident  to  improvements  is  either 


134  hillyer's  legal  manual. 

a  proper  charge  to  the  eost  of  the  new  additions  or  to  depreciation 
already  provided,  as  the  facts  may  indicate,  but  in  no  case  is  it  a  proper 
deduction  in  d^ermining  net  income,  except  as  it  may  be  reflected  in 
the  reasonable  amount  allowable  as  a  deduction  for  depreciation. 

94.  Depreciation  of  Company's  Stock. — Depreciation  of  company's 
stock  a  loss  to  the  stockholders,  but  not  a  loss  to  the  company  issuing 
the  same,  and  therefore  not  a  proper  deduction. 

PUBLICITY. 

95.  Trustee  is  a  Stockholder. — A  person  who  as  trustee  or  in  any 
other  fiduciary  relation  has  the  ownership  or  possessory  right  to  stock 
in  a  corporation  is  a  stockholder  in  such  corporation  within  the  equity 
of  the  rule  set  down  in  Treasury  Decision  No.  1665,  governing  the  pub- 
licity of  returns.     (Opin.  Atty.  Gen.,  Dec.  27,  1910.) 

DEPRECIATION  IN  COALS,  MINERALS,  ETC. 

96.  Two  Classes  of  Gains  or  Losses, — In  case  of  corporations  whose 
business  consists  in  part  or  wholly  of  mining,  producing,  and  dispos- 
ing of  deposits  of  nature  (ores,  coals,  and  sundry  minerals)  the  con- 
duct of  such  business  will  be  understood  to  comprehend  two  classes 
of  gains  or  losses,  viz. : 

(a)  The  gain  or  loss  resulting  from  the  sale  of  capital  assets,  i.  e., 
either  the  increment,  or  the  loss,  arising  through  possessing  over  a 
period  of  time  the  investment  in  the  same. 

(h)  The  trading  or  commercial  gain  attached  to  the  conduct  of  the 
industry,  the  employment  of  working  capital,  the  effort  and  risk  in- 
volved. 

97.  Exhaustion  of  Deposits  and  Depreciation  of  Improvements. — In 
the  ascertainment  of  net  income  deduction  will  be  allowed  for  depreci- 
ation arising  from  exhaustion  of  deposits  of  ore,  mineral,  etc.,  and  for 
depreciation  and  obsolescence  of  improvements,  in  accordance  with 
general  regulations  respecting  depreciation  allowances,  on  the  basis 
of  the  original  capital  investment  cost  of  the  properties  concerned  to 
the  company  reporting. 

98.  Unearned  Increment. — ^A  further  deduction  will  also  be  allowed, 
through  not  including  the  same  at  all  in  the  item  of  gross  income  (item 
3,  Form  637),  for  the  unearned  increment  represented  in  such  proper- 
ties as  at  January  1,  1909,  which  will  be  determined  in  general  as  fol- 
lows : 

99.  Estimate  as  of  January  1,  1909. — An  estimate  should  be  made  as 
of  January  1,  1909,  of  the  fair  market  value  at  that  date  of  the  min- 
erals, etc.,  in  deposit.  This  estimate  should  be  formed  on  the  basis 
of  the  disposal  value  of  the  minerals  iti  total  and  exclusive  of  value 
of  improvements  and  development  work.  This  valuation  should  also 
be  reduced  to  a  unit  value — ^per  ton,  pound,  etc. 

NOTE. — Values,  as  aforesaid,  should  not  be  estimated  on  the  basis  of  the 
assumed  salable  value  of  the  output  under  current  operative  conditions,  less  the 
actual  cost  of  production,,  because,  as  hereinbefore  stated,  the  selling  price  under 


I  SYNOPSIS  OF  DECISIONS — ACT  OF  1909.  135 

ch  conditions  comprehends  a  profit  both  for  carrying  the  investment  in  coals, 
c,  improvements  and  working  capital,  and  for  conducting  operations  in  respect 
production  and  disposal  of  product.  The  value  to  be  determined  as  stated  must 
I  on  the  basis  of  the  salable  value  en  bloc  of  the  entire  deposit  of  minerals  and 
I  mineralized  property  owned,  exclusive  of  improvements  and  development  work,  if 
the  same  were  disposed  of  in  that  form. 

100.  Unit  Value. — The  unit  value  as  of  January  1, 1909,  ascertained  as 
above  outlined,  would  indicate  the  value  to  be  attached  at  that  date  to 
the  capital  assets  disposed  of  during  any  calendar  year  suceeeding-.  The 
amount  'claimed  as  a  deduction  from  gross  income  on  account  of  un- 
earned increment  shall  be  shown  separately  in  the  deductions  from 
gross  income  in  the  return  of  annual  net  income. 

101.  Manner  of  Making  Estimate. — The  precise  detailed  manner  in 
which  the  estimate  of  value  of  minerals,  etc.,  as  at  January  1, 1909,  shall 
be  formed,  must  naturally  be  determined  by  each  corporation  interested. 
Every  corporation  claiming  and  making  a  deduction  for  unearned  in- 
crement, as  provided  in  section  100  preceding,  shall  maintain  an  offi- 
cial book  record  of  the  properties  owned  by  it  in  connection  with  which 
unearned  increment  is  claimed,  and  which  record  shall  show  the  gen- 
eral ledger  or  general  balance  sheet  value  thereof,  together  with  the 
estimated  amount  of  appreciated  value  in  such  properties  in  excess 
of  general  balance  sheet  values,  as  of  January  1,  1909,  together  with  all 
evidence  and  information  on  basis  of  which  such  appreciated  value 
was  formed.  This  estimate  must  be  formed  on  the  lines  and  basis  indi- 
cated in  the  "note,"  section  99,  namely,  the  salable  value  of  the  entire 
deposit  considered  en  hloc.  This  record  should  also  present  clearly  and 
fully  the  transactions  during  each  year  in  respect  of  quantities  of  min- 
erals disposed  of  and  for  which  deductions  are  made  respectively  for 
depreciation  and  unearned  increment,  together  with  the  amount  thereof. 
No  deduction  for  unearned  increment  will  he  allowed  unless  the  afore- 
said record  is  kept,  nor  unless  the  evidence  as  to  the  estimates  of  quan- 
tity of  minerals  in  deposit  and  the  valimtion  thereof  are  accepted  hy  the 
department.  Values  determined  and  recorded  as  of  January  1,  1909, 
as  aforesaid,  should  be  used  in  the  compilation  of  all  subsequent  years' 
excise  tax  returns. 

In  case  it  subsequently  develops  the  property  possesses  a  greater 
quantity  of  mineral,  etc.,  reserve  than  was  in  the  aggregate  estimated 
as  of  January  1,  1909,  only  such  an  amount  of  aggregate  value  can  be 
assigned  to  such  excess  mineral  tonnage  as  of  January  1,  1909,  as  it 
was  at  said  date  estimated  by  the  company  attached  to  the  property 
and  was  not  assigned  by  it,  as  hereinbefore  provided,  to  the  specified 
tonnage  in  the  property. 

102.  Memorandum  Setting  Forth  Unearned  Increment  Realized. — 
Each  excise  tax  return  (Form  637)  should  be  accompanied  wdth  memo- 
randum setting  forth  the  extent  in  amount  of  the  exclusion  made  from 
the  item  gross  income  for  unearned  increment  realized  during  the  year, 
as  above  outlined. 

103.  Amount  to  be  Deducted  for  Depletion  of  Deposits.— As  to  the 
amount  to  be  deducted  for  depletion  of  deposits  (Regulation  No.  101)  is 


136 

to  be  formed  on  basis  of  the  estimated  reserve  of  minerals,  etc.,  it  follows 
that  if  it  develops  such  estimate  is  understated,  the  cost  investment 
and  estimated  unearned  increment  in  the  capital  asset  may  be  wholly 
extinguished  before  all  mineral  reserves  are  removed.  When  this  is 
reached,  further  deductions  for  exhaustion  of  minerals  should  be  dis- 
continued. 

104.  Royalties  on  Minerals. — In  case  of  corporations  leasing  mines 
and  paying  royalties  on  minerals,  etc.,  removed,  the  royalties  paid  are 
to  be  treated  as  expenses  and  deducted  in  ascertaining  net  income,  as 
provided  in  general  regulations.  Any  leasehold  investment  which  the 
operating  corporation  may  have  in  such  properties,  either  through  a 
payment  originally  made  for  acquirement  thereof  or  for  improvements 
made  upon  the  property,  to  be  accounted  for  in  accordance  with  regu- 
lations governing  depreciation  allowances  and  disposition  of  capital 
assets. 

105.  Properties  Acquired  After  January  1, 1909. — In  respect  to  prop- 
erties of  the  character  in  question  which  may  be  acquired  by  a  corpo- 
ration after  January  1,  1909,  a  deduction  will  be  allowed  only  as  to 
depreciation  arising  from  exhaustion  based  on  original  cost ;  no  exclu- 
sion from  gross  income  can  be  made  for  unearned  increment,  as  profit 
arising  in  sale  of  such  capital  assets  applies  wholly  to  the  period  sub- 
sequent to  January  1,  1909. 


DEPLETION  OF  OIL  PROPERTIES. 

Regulations  to  Govern  the  Ascertainment  of  the  Rate  of  Depletion  of 
Deposits  and  the  Return  of  Cash  Investment  to  Corporations  With 
Respect  to  Petroleum-producing  Properties. 

Item  80  of  T.  D.  1675  is  hereby  amended  by  striking  out  the  paren- 
thetical word  ''petroleum,"  and  the  following  regulation  to  govern 
the  rate  of  return  of  capital  invested  on  the  basis  of  the  rate  of  deple- 
tion of  oil-producing  properties  in  making  return  of  annual  net  income 
for  the  special  excise  tax  on  corporations  is  issued  in  lieu  thereof: 

1.  Two  Classes  of  Grains  or  Losses. — In  the  case  of  corporations 
whose  business  consists  of  producing  and  disposing  of  crude  petroleum, 
the  conduct  of  such  business  will  be  understood  to  comprehend  two 
classes  of  gains  or  losses,  viz. :  (a)  The  gain  or  loss  resulting  from  the 
sale  of  capital  assets — i.  e.,  either  the  increment  or  the  loss  arising 
through  possessing  over  a  period  of  time  the  investment  in  the  same. 
(&)  The  trading  or  commercial  gain  attached  to  the  conduct  of  the 
industry,  the  employment  of  working  capital,  and  the  effort  and  risk 
involved. 

2.  Depreciation  Arising  from  Exhaustion. — In  the  ascertainment  of 
net  income  deduction  will  be  allowed  for  depreciation  arising  from 
exhaustion  of  deposits  and  for  depreciation  and  obsolescence  of  im- 
provements in  accordance  with  the  general  regulations  respecting  de- 
preciation allowances,  on  the  basis  of  the  original  capital  investment 


DEPLETION  OF  OIL  PROPERTIES.  137 

cost,  reduced  to  a  cash  basis  of  the  properties  concerned  to  the  com- 
pany reporting.  Claims  for  depreciation  on  account  of  depletion  of 
deposits  based  on  any  values  other  than  the  cost  of  the  property  in 
cash  or  cash  values  (including  cost  of  development)  will  not  be  con- 
siidered. 

3.  Average  Value  Per  Barrel. — In  all  producing  oil  fields  an  average 
value  per  barrel  of  the  settled  daily  production  shall  be  adopted  as  the 
guide  in  determining  the  value  of  the  property,  and  the  following 
method  in  depreciating  said  values  is  recommended: 

Valuation  Per  Barrel,  How  Fixed. — Each  corporation  will  fix  this 
valuation  per  barrel  as  of  January  1,  1909,  or  upon  the  date  of  com- 
mencement of  production,  if  after  that  date,  for  ascertaining  the  de- 
ductions for  depreciation  on  the  basis  of  depletion  of  deposits.  This 
valuation  per  barrel  should  be  based  on  the  cost  of  the  property  to  the 
corporation  plus  the  cost  of  the  development  thereof,  with  a  proper 
deduction  from  that  valuation  for  the  number  of  years  the  property 
has  been  in  operation,  and  the  resulting  proportioned  decrease  in  daily 
production  of  oil.  With  this  b'asis  per  barrel  fixed  as  of  January  1, 
1909,  or  at  the  date  of  commencement  of  production,  if  after  January 
1,  1909,  the  value  of  the  property  as  a  whole  is  to  be  determined  by 
applying  his  unit  value  per  barrel  to  the  daily  average  production  for 
the  month  of  December,  or  other  representative  month,  in  the  year 
for  which  the  return  is  made.  The  representative  month  chosen  shall 
be  the  same  in  each  year.  This  unit  valuation  per  barrel  is  to  be 
retained  in  arriving  at  all  future  depreciation  deductions,  except  where 
an  additional  production  is  secured  by  drilling  or  an  additional  pro- 
duction is  acquired  by  purchases,  in  which  cases  a  new  average  rate 
per  barrel  based  upon  the  actual  cash  invested  in  such  development, 
or  in  the  new  properties  and  their  development,  may  be  adopted.  The 
amount  of  income  each  year  to  be  applied  to  the  return  of  the  cash 
investment  shall  be  ascertained  by  multiplying  the  unit  valuation  as- 
certained as  required  above  by  the  difference  between  the  daily  aver- 
age production  in  barrels  during  the  representative  month  of  each 
year.  The  product  of  such  multiplication  will  be  the  amount  deduct- 
ible from  gross  income  on  account  of  return  of  cash  investment  based 
upon  the  rate  of  depletion  of  deposits. 

4.  Cost  of  Drilling. — The  cost  of  drilling  and  equipping  new  produc- 
ing wells  shall  be  considered  additions  to  capital  investment  account; 
the  expense  of  drilling  dry  holes  may  be  charged  to  profit  and  loss. 

5.  Amount  of  Petroleum  Produced. — The  amount  of  petroleum  pro- 
duced and  sold  during  the  year  or  the  price  received  for  the  same  will 
not,  so  far  as  the  application  of  this  regulation  to  determine  deprecia- 
tion is  concerned,  affect  the  value  of  the  property  at  the  end  of  the 
year,  which  value  is  based  only  on  the  comparative  rate  of  decrease  in 
production  in  accordance  with  the  stand-ard  unit  value  ascertained  as 
stated  above. 

6.  Memorandum. — Each  excise  tax  return  should  be  accompanied 
with  a  memorandum  showing  how  the  standard  unit  valuation  was 


138  HILLYER^S  LEGAL   MANUAL. 

arrived  at,  i.  e.,  the  valuation  of  the  producing  property  as  of  January 
1,  1909,  or  at  the  commencement  of  development,  if  after  that  date, 
and  such  additional  investment  in  development  as  may  have  been  made 
during  the  year,  together  with  the  daily  average  yield  for  each  month 
of  the  year,  or  for  each  month  since  the  commencement  of  operation, 
if  subsequent  to  January  1,  1909. 

7.  Cost  of  the  Leasehold  Interest. — Where  properties  are  operated 
upon  lease,  the  cost  of  the  leasehold  interest,  plus  the  cost  of  develop- 
ment, shall  be  the  basis  for  determining  the  unit  valuation  for  the 
purpose  of  providing  for  the  deduction  from  gross  income  of  the  re- 
turnable cash  investment. 

8.  Entries  on  the  Books. — All  depreciation  deductions  from  the  net 
income  return  must  be  evidenced  by  proper  entries  on  the  books  of 
the  corporation  reporting,  so  as  to  show  a  reduction  in  the  capital  as- 
sets equal  to  the  cash  investment  returned,  as  provided  above,  out  of 
gross  income. 

NOTE. — It  will  be  apparent  that  by  following  the  plan  suggested,  the  value 
of  the  producing  property  appearing  in  the  capital  assets  of  the  company  will  be 
automatically  and  wholly  extinguished  coincident  with  the  complete  exhaustion 
of  the  product,  with  the  exception  of  such  salvage  as  may  remain  after  said  ex- 
haustion. 


DEPLETION  OF  NATURAL  GAS  PROPERTY. 

Regulation  to  Govern  the  Ascertainment  of  the  Rate  of  Depletion  of 
Deposits  and  the  Return  of  Cash  Investment  to  Corporations  With 
Respect  to  Natural  G-as-producing  Properties. 

Item  80  of  T.  D.  1675  is  hereby  amended  by  striking  out  the  paren- 
thetical word  ''gas,"  and  the  following  regulation  to  govern  the  return 
of  capital  invested  in  gas-producing  properties  on  the  basis  of  the  rate 
of  depletion  of  deposits  in  making  return  of  annual  net  income  for  the 
special  excise  tax  on  corporations  is  issued  in  lieu  thereof: 

1.  Two  Classes  of  Gains  or  Losses. — In  case  of  corporations  whose 
business  consists  of  either  producing,  selling,  transporting,  or  distribut- 
ing natural  gas,  the  conduct  of  such  business  will  be  understood  to 
comprehend  two  classes  of  gains  or  losses,  viz.:  (a)  The  gain  or  loss 
resulting  from  the  sale  of  capital  assets — i.  e.,  either  the  increment  or 
the  loss  arising  through  possessing  over  a  period  of  time  the  investment 
in  the  same;  (h)  the  trading  or  commercial  gain  attached  to  the  con- 
duct of  the  industry,  the  employment  of  working  capital,  the  effort 
and  risk  involved. 

2.  Depreciation  of  Investment  in  the  Field. — In  the  ascertainment  of 
net  income,  deductions  will  be  allowed  for  depreciation  of  investment 
in  the  field  and  main  lines  of  such  corporations  on  the  basis  of  exhaus- 
tion of  deposits. 

Claims  for  depreciation  on  account  of  depletion  or  depreciation  in 
accordance  with  the  regulations  based  on  any  value  other  than  the 
cost  of  the  property  plus  the  cost  of  development  will  not  be  allowed. 


DEPLETION  OF  NATUKAL  GAS  PROPERTY.  139 

3.  Gauging  Depreciation. — For  the  purpose  of  enabling  corporations 
engaged  in  the  production  and  transportation  of  natural  gas  to  prop- 
erly gauge  depreciation  of  investment  in  the  field  and  main  line  divi- 
sions on  account  of  depletion  to  be  deducted  each  year  in  making  their 
annual  return  of  net  income,  the  following  methods  are  recommended : 

First.  Producing  Gas  Area  Laid  Off. — That  the  producing  gas  area 
of  said  company  be  laid  off  in  squares  not  exceeding  one  square  mile, 
and  that  three  months  prior  to  September  30tb  of  each  year,  one  or 
more  representative  wells  be  shut  in  in  each  square  or  territory,  and 
that  as  of  September  3'Oth  an  accurate  gauge  be  taken  of  the  rock  pres- 
sure of  said  wells,  and  the  decline  in  the  average  rock  pressure  from 
year  to  year  shall  be  considered  as  the  base  of  determining  the  exhaus- 
tion of  deposit.  For  instance,  a  corporation  may  have  eighty  square 
miles  of  territory  and  the  average  rock  pressure  September  30,  1909, 
may  have  been  six  hundred  pounds  per  square  inch.  On  September  30, 
1910,  the  average  rock  pressure  may  have  been  five  hundred  and  forty 
pounds,  or  a  decline  of  ten  per  cent,  and  this  percentage  is  to  be  ap- 
plied as  a  basis  of  depreciation  for  the  year  1910  on  the  cost  of  the 
field  and  main  line  divisions,  less  depreciation  charged  off  prior  to  that 
date  and  any  salvage  value  that  may  remain  in  the  property. 

8eco7id.  ^^ Volume  Basis.'' — If  by  reason  of  lack  of  area  or  for  any 
other  good  and  sufficient  reason  any  corporation  engaged  in  the  pro- 
duction of  gas  s-hall  prefer  the  "volume  basis"  as  more  a<?curately 
reflecting  the  rate  of  exhaustion  of  deposits,  the  amount  of  capital  in- 
vested' to  be  returned  out  of  the  income  of  any  given  year  may  be  deter- 
mined on  that  basis.  In  case  the  ''volume  basis"  is  adopted,  the 
volume  of  each  well  must  be  taken  with  instruments  generally  recog- 
nized as  reliable  for  determining  the  daily  volume  produced  by  each 
well  at  stated  periods  each  year,  and  the  percentage  of  loss  in  daily 
prodtTction  shall  determine  the  percentage  of  the  capital  investment 
which  shall  be  returnable  out  of  gross  income  and  the  proper  deduc- 
tion to  be  made  each  year  in  the  return  of  annual  net  income  as  return 
of  capital  invested. 

4.  Unretumed  Cash  Investment. — ^Any  unretumed  cash  investment 
remaining  when  wells  or  territory  have  to  be  abandoned  or  lines  taken 
up  because  of  failure  of  the  supply  of  gas,  less  salvage,  may  be  de- 
ducted as  part  of  the  reasonable  depreciation  for  the  year  in  which 
such  territory  is  abandoned  unless  such  values  shall  have  been  returned 
in  the  reduction  miade  because  of  loss  of  volume  or  decrease  in  rock 
pressure,  which  in  such  case  would  be  considered  as  having  reached  the 
vanishing  point. 

5.  Investment  Cost. — The  investment  cost  of  properties  reduced  to 
a  cash  basis  to  natural  gas  companies  in  the  distributing  or  city  plant 
divisions  shall  be  depreciated  in  accordance  with  the  general  regula- 
tions and  in  no  instance  shall  exceed  five  per  cent  per  annum. 

6.  Cost  of  Drilling. — The  cost  of  drilling  gas  wells  has  been  held  by 
competent  authorities  as  properly  chargeable  to  either  investment  or 
expense.     While   it  is  preferred  that   the   cost   of  drilling   wells   be 


140 

charged  to  investment,  the  general  custom  of  producers  of  natural  gas 
in  charging  the  cost  of  the  drilling  to  expense  will  be  recognized,  and 
returns  of  net  income  may  be  made  in  accordance  therewith.  Each 
return  of  annual  net  income  should  in  such  case  state  that  the  expense 
of  drilling  gas  wells  has  been  charged  to  expense.  Ail  other  expendi- 
tures in  tangible  property  in  development  work  shall  be  chargeable  to 
capital  assets. 

7.  General  Custom. — The  general  custom  of  natural  gas  companies 
in  the  ddstribution  of  the  cost  of  drilling  wells  will  be  recognized,  and 
the  return  of  net  income  may  be  made  in  accordance  therewith. 

8.  Memoranda. — Each  excise  tax  return  should  be  accompanied  by 
memoranda  showing  how  the  depreciation  deduction  for  the  year  has 
been  arrived  at — i.  e.,  the  cost  of  the  property  in  field  and  main  lines, 
the  result  of  gauges  of  rock  pressure  or  measurement  of  volume,  and  in 
addition  the  investment  in  city  plants. 

9.  Depreciation  Deductions  Evidenced  by  Proper  Entries. — All  de- 
preciation deductions  made  in  the  return  of  annual  net  income  must 
be  evidenced  by  proper  entries  on  the  books  of  the  corporation  report- 
ing, so  as  to  show  a  reduction  in  the  capital  assets  equal  to  the  cash 
investment  returned,  as  provided  above,  out  of  gross  income. 

NOTE. — By  following  the  plan  suggested  each  corporation  engaged  in  the 
production  and  sale  of  natural  gas  will  secure  the  return  of  the  total  cash  invest- 
ment, less  salvage,  in  field  and  main  line  developments  by  the  time  the  deposits 
have  been  exhausted. 

ROYAL  E.  CABELL,  Commissioner. 


INSPECTION  OF  RETURNS. 

Inspection  of  Returns. — By  section  38  of  the  tariff  act  of  August  5, 
1909,  Congress  imposed  a  special  excise  tax  upon  all  corporations, 
joint-stock  companies,  and  associations  and  insurance  companies, 
foreign  and  domestic,  with  certain  exceptions,  engaged  in  business  in 
the  United  States,  with  respect  to  carrying  on  or  doing  such  business, 
and  presoribed  the  method  of  handling  the  return  of  each  corporation, 
as  follows: 

6.  When  the  assessment  shall  be  made,  as  provided  in  this  section, 
the  returns,  together  with  any  correction  thereof  which  may  have  been 
made  by  the  commissioner,  shall  be  filed  in  the  office  of  the  Commis- 
sioner of  Internal  Revenue  and  shall  constitute  public  records  and  be 
open  to  inspection  as  such. 

In  the  act  making  appropriations  for  the  legislative,  executive,  and 
judicial  departments  of  the  government  for  the  fiscal  year  ending 
June  30,  1911,  there  appears  this  language : 

"For  classifying,  indexing,  exhibiting,  and  properly  caring  for  the 
returns  of  all  corporations,  required  by  section  thirty-eight  of  an  act 
entitled  'An  act  to  provide  revenue,  equalize  duties,  encourage  the 
industries  of  the  United  States,  and  for  other  purposes,'  approved 
August  fifth,  nineteen  hundred  and  nine,  including  the  employment, 
in  the  District  of  Columbia,  of  such  clerical  and  other  personal  ser- 


INSPECTION  OF  RETURNS.  141 

vices  and  for  rent .  of  such  quarters  as  may  be  necessary,  twenty-five 
thousand  dollars :  Provided,  that  any  and  all  such  returns  shall  be  open 
to  inspection  only  upon  the  order  of  the  President,  under  rules  and 
regulations  to  be  prescribed  by  the  Secretary  of  the  Treasury  and 
approved  by  the  President." 

For  the  purpose  of  making  effective  the  legislative  intent  thus  ex- 
pressed, the  President  has  ordered  that  all  such  returns  shall  be  open 
to  inspection  under  the  following  rules  and  regulations: 

1.  Inspection  by  an  Officer  or  Employee  of  the  Government. — The 
return  of  every  corporation  shall  be  open  to  the  inspection  of  the 
proper  officers  and  employees  of  the  Treasury  Department.  Where 
access  to  any  return  is  desired  by  an  officer  or  employee  of  any  other 
department  of  the  govcirnment,  an  application  for  permission  to  in- 
spect such  return,  setting  out  the  reasons  therefor,  shall  be  made  in 
writing,  signed  by  the  head  of  the  executive  department  or  other 
government  establishment  in  which  such  officer  or  employee  is  em- 
ployed, and  transmitted  to  the  Secretary  of  the  Treasury.  If,  how- 
ever, the  return  is  desired  to  be  used  in  any  legal  proceedings,  or  to 
be  used  in  any  manner  by  which  any  information  contained  in  the 
return  could  be  made  public,  or  access  to  any  return  is  desired  by  any 
official  of  any  State  or  Territory  of  the  United  States,  the  application 
for  permission  to  inspect  such  return  shall  be  referred  to  the  Attorney 
General,  and  if  recommended  by  him  transmitted  to  the  Secretary  of 
the  Treasury. 

2.  Inspection  by  Stockholder. — The  Secretary  of  the  Treasury,  at 
his  discretion,  upon  application  to  him  made,  setting  forth  what  con- 
stitutes a  proper  showing  of  cause,  may  permit  inspection  of  the 
return  of  any  corporation  by  any  bona  fide  stockholder  in  such  cor- 
poration. The  person  desiring  to  inspect  such  return  sh^all  make 
application,  in  writing,  to  the  Secretary  of  the  Treasury,  setting  forth 
the  reasons  why  he  should  be  permitted  to  make  such  inspection,  and 
shall  attach  to  his  application  a  certificate  signed  by  the  president, 
or  other  principal  officer,  of  such  corporation,  countersigned  by  the 
secretary,  under  the  corporate  seal  of  the  company,  that  he  is  a  bona 
fide  stockholder  in  said  company.  (Where  this  certificate  cannot  be 
secured,  other  evid'ence  will  be  considered  by  the  Secretary  of  the 
Treasury  to  determine  the  fact  whether  or  not  the  applicant  is  a  bona 
fide  stockholder  and  therefore  entitled  to  inspect  the  return  made 
by  such  company.)  The  privilege  of  inspecting  the  return  of  any 
corporation  is  personal  to  the  stockholders,  and  the  permission  granted 
by  the  Secretary  to  a  stockholder  to  make  such  inspection  cannot  be 
delegated  to  any  other  person. 

3.  Returns  Open  to  Any  Person. — The  returns  of  the  following  cor- 
porations shall  be  open  to  the  inspection  of  any  person;  upon  written 
application  to  the  Secretary  of  the  Treasury,  which  application  shall 
set  forth  briefly  and  succinctly  all  facts  necessary  to  enable  the 
secretary  to  act  upon  the  request : 

(a)  The  returns  of  all  companies  whose  stock  is  listed  upon  any 
duly   organized   and  recognized   stock   exchange  within   the   United 


142  hillyer's  legal  Mx\nual. 

States.,  for  the  purpose  of  having  its  shares  dealt  in  by  the  public 
generally. 

{!))  All  corporations  whose  stock  is  advertised  in  the  press  or  offered 
to  the  public  by  the  corporation  itself  for  sale.  In  case  of  doubt  as  to 
whether  any  company  falls  within  the  classification  above,  the  person 
desiring  to  see  such  return  should  make  application,  supported  by 
advertisements,  prospectus,  or  such  other  evidence  as  he  may  deem 
proper  to  estiablish  the  fact  that  the  stock  of  such  corporation  is  offered 
for  general  public  sale. 

Returns  Seen  Only  in  Office. — Returns  can  be  seen  only  in  the  office 
of  the  Comimissioner  of  Internal  Revenue,  in  Washington,  D.  C.  In 
no  case  shall  any  collector,  or  any  other  internal  revenue  officer  outside 
of  the  Treasury  Department  in  Washington,  permit  to  be  seen  any 
return  or  furnish  any  information  whatsoever  relative  to  any  return 
or  any  information  secured  by  him  in  his  official  capacity  relating 
to  such  return. 

No  Copy  Furnished. — No  provision  is  made  in  the  law  for  furnish- 
ing a  copy  of  any  return  to  any  person,  and  no  copy  of  any  return 
will  be  furnished  except  to  the  corporation  making  the  return,  or  its 
duly  constituted  attorney. 

The  provisions  herein  contained  shall  be  effective  on  and  after  the 
25th  day  of  November,  1910. 

FRANKLIN  MacVEAGH, 
Secretary  of  the  Treasury. 
Approved : 

WM.  H.  TAFT, 

The  White  House,  November  25,  1910. 

EXECUTIVE  ORDER. 

Pursuant  to  the  provisions  of  an  act  entitled  "An  act  making  appro- 
priations for  the  legislative,  executive,  and  judicial  expenses  of  the 
Government  for  the  fiscal  year  ending  June  thirtieth,  nineteen  hun- 
dred and  eleven,  and  for  other  purposes,"  providing,  among  other 
things,  an  appropriation  for  classifying,  indexing,  exhibiting,  and 
properly  caring  for  the  returns  of  all  corporations  required  by  section 
thirty-eight  of  an  act  entitled  "An  act  to  provide  revenue,  equalize 
duties,  encourage  the  industries  of  the  United  States,  and  for  other 
purposes,"  approved  August  5,  1909,  and  further  enacting  that  any 
and  all  such  returns  shall  be  open  to  inspection  only  upon  the  order  of 
the  President  under  rules  and  regulations  to  be  prescribed  by  the 
Secretary  of  the  Treasury  and  approved  by  the  President  (36  I  Stat., 
494), 

It  is  hereby  ordered:  That  all  such  returns  shall  be  subject  to  inspec- 
tion upon  compliance  with  rules  and  regulations  prescribed  by  the 
Secretary  of  the  Treasury  and  approved  by  the  President,  bearing  even 
date  herewith. 

WM.  H.  TAFT. 

The  White  House, 
November  25,  1910. 


ABATEMENT  OR  REFUNDING  OF  PENALTIES.  143 

ABATEMENT  OR  REFUNDING  OF  PENALTIES. 

Abatement  or  Refunding  of  Penalty  Taxes  on  Corporations  Under 
Certain  Conditions. — Any  corporation,  joint-stock  company,  association, 
or  any  insurance  company  subject  to  the  special  excise  tax  provided 
by  section  3'8  of  the  act  of  August  5th,,  1909,  known  as  the  special 
excise  corporation  tax  law,  which  has  been  or  may  be  compelled  to 
pay  or  become  liable  for  laiiy  additional  tax  within  the  provisions  of 
subsection  5  of  said  section  38,  which  additional  tax  has  been  or  may 
hereafter  be  imposed  for  a  neglect  to  file  a  return  as  provided  in 
said  corporation  tax  law  on  or  before  the  1st  of  March  of  any  year, 
may,  within  one  year  after  the  passage  of  this  act,  or  within  one 
year  after  the  date  of  notice  of  assessment  where  such  notice  is  given 
after  the  passage  of  this  act,  make  application  to  the  Commissioner 
of  Internal  Revenue  for  a  refund  of  such  additional  tax.  And  the 
Commissioner  of  Internal  Revenue,  with,  the  advice  and  consient  of  the 
Solicitor  of  Internal  Revenue,  is  hereby  directed  to  remit,  abate,  or 
pay  back  all  such  additional  taxes  in  excess  of  $100  for  any  single 
year  whenever  in  any  case  it  appears  to  his  satisfaction  that  the 
additionial  tax  was  assessed  or  imposed  solely  because  of  a  neglect  to 
make  a  return  at  the  time  or  times  specified  in  said  act,  and  without 
any  intention  or  design  on  the  part  of  any  officer  of  such  corporation, 
joint  stock  company,  association,  or  insxirance  company  to  hinder  or 
delay  the  United  States  in  the  collection  of  the  tax  originally  assessed. 

Regnlatlon. — Clainis  for  abatement  or  refunding  under  the  pro- 
visions of  the  foregoing  act  shall  be  made  on  Forms  47  or  46,  respect- 
ively, executed  in  the  usual  manner  and  filed  with  the  collector  of 
the  district  in  which  the  claimant  was  assessed  or  paid  its  tax,  to  be 
by  him  entered  on  his  record  and  certified  to  the  Commissaoner  of 
Internal  Revenue.  Such  claims  should  be  accompanied  by  an  affidavit 
of  its  president,  vice-president,  or  other  principal  officer,  and  its  treas- 
urer or  assistant  treasurer,  stating  specifically  that  the  neglect  to  make 
the  annual  returu  of  the  claimant  at  the  time  required  by  law  was 
without  any  intention  or  design  on  the  part  of  any  officer  of  such 
claimant  to  hinder  or  delay  the  United  States  in  the  collection  of 
the  tax  originally  assessed,  and  setting  forth  in  detail  the  cause  or 
causes  which  produced  the  delay  in  filing  the  said  annual  return  in 
the  time  and  manner  prescribed  by  law. 

ABATFMFNT  OF  ASSESSMENTS  OR  THE  REFUNDING  OF 
TAXFS  CLATMFD  UNDER  THE  DECISION  OF  THE  UNITED 
STATES  SUPREME  COURT  IN  THE  CASE  OF  McCOACH, 
COLLECTOR,  v.  MINEHILL  ETC.  RAILROAD  CO. 

Evidence  Required. — In  computing  claims  for  the  refunding  of 
special  excise  taxes  paid  for  the  years'  1911  and  1912,  based  upon  the 
principle  affirmed  by  the  Supreme  Court  in  the  case  of  McCoach,  Col- 
lector, vs.  Minehill  and  Schuylkill  Haven  Railroad  Co.,  all  similar 
claims  it  will  be  necessary  for  the  claimant  to  file  therewith — 


144  hillyer's  legal  manual. 

1.  A  copy  of  or  citation  to  the  laws  of  the  State  and  all  amendments 
thereto  under  which  it  was  organized  and  executed  its  lease  showing 
definite  authority  to  lease. 

2.  A  duly  authenticated  copy  of  its  charter  or  articles  of  associa- 
tion, with  all  amendments  thereto. 

3.  Certified  copies  of  all  its  leases,  agreements,  or  deeds  of  convey- 
ance whereby  it  transferred  its  property  and  rights  to  another,  with 
all  amendments  and  contracts  of  every  kind  relative  thereto. 

4.  An  affidavit,  duly  executed  by  its  president  or  other  chief  officer 
ana  secretary  or  treasurer,  showing,  if  such  be  the  facts:  (a)  That 
the  lease  of  its  property  covers  and  conveys  all  of  its  franchises, 
rights,  powers,  and  privileges,  other  than  the  right  of  being  a  cor- 
poration, and  all  of  its  property  both  real  and  personal  essential  to 
its  corporate  business;  (&)  specifying  in  detail  what  other  source  of 
income  it  has,  how  such  income  is  received,  and  what  disposition  is 
made  of  the  same;  (c)  whether  either  the  lessor  or  lessee  company 
owned  or  owns  any  stock  of  the  other,  and  if  so  the  amount  of  such 
stock  and  of  the  dividends  accrued  or  paid  thereon  for  the  years  the 
taxes  were  assessed;  (d)  where  it  maintains  an  office  and  what  divi- 
dends and  other  receipts  it  distributes,  the  exact  character  of  business 
it  transacts,  and  what  officers  act  for  it  and  the  functions  they  per- 
form; (e)  that  during  the  taxing  year  or  years  in  question  the  cor- 
poration did  not  exercise  its  power  of  eminent  domain  or  put  in  force 
any  other  general  or  special  corporate  power  vested  in  it  in  aid  of  the 
business  of  its  lessee,  or  in  the  transaction  of  any  other  character  of 
business  whatever  for  the  doing  of  which  it  was  primarily  incor- 
porated, organized,  or  authorized. 

Respectfully, 

W.  H.  OSBORN,  Commissioner. 


TAXATION  FOR  STATE  PURPOSES. 

(Constitutional  Provisions.) 

Subjects  Taxed  Exclusively  for  State  Purposes. — Taxes  levied,  as- 
sessed and  collected  as  hereinafter  provided  upon  railroads,  including 
street  railways,  whether  operated  in  one  or  more  counties;  sleeping- 
car,  dining-car,  drawing-room  car,  and  palace-car  companies,  refrig- 
erator, oil,  stock,  fruit,  and  other  car-loaning  and  other  car  com- 
panies operating  upon  railroads  in  this  State;  companies  doing  ex- 
press business  on  any  railroad,  steamboat,  vessel  or  stage  line  in 
this  State ;  telegraph  companies ;  telephone  companies ;  companies  en- 
gaged in  the  transmission  or  sale  of  gas  or  electricity;  insurance  com- 
panies ;  banks,  banking  associations,  savings  and  loan  societies,  and 
trust  companies;  and  taxes  upon  all  franchises  of  every  kind  and 
nature,  shall  be  entirely  and  exclusively  for  State  purposes,  and  shall 
he  levied,  assessed  and  collected  in  the  manner  hereinafter  provided. 

"Comi:any"  Defined. — The  word  ''companies"  as  used  in  this  sec- 
tion shall  include  persons,  partnerships,  joint-stock  associations,  com- 
panies, and  corporations. 


TAXATION   FOR   STATE   PURPOSES — CONSTITUTIONAL   PROVISIONS.         145 

(a)  Public  Service  Corporations,  How  Taxed. — All  railroad  com- 
panies, including  street  railways,  whether  operated  in  one  or  more 
counties ;  all  sleeping-car,  dining-car,  drawing-room  car,  and  palace- 
car  companies,  all  refrigerator,  oil,  stock,  fruit  and  other  car-loaning 
and  other  car  companies,  operating  upon  the  railroads  of  this  state; 
all  companies  doing  express  business  on  any  railroad,  steamboat,  vessel 
or  stage  line  in  this  State;  all  telegraph  and  telephone  companies; 
and  all  companies  engaged  in  the  transmission  or  sale  of  gas  or  elec- 
tricity shall  annually  pay  to  the  State  a  tax  upon  their  franchises,  road- 
ways, roadbeds,  rails,  rolling  stock,  poles,  wires,  pipes,  canals,  conduits, 
rights  of  way,  and  other  property,  or  any  part  thereof  used  exclusively 
in  the  operation  of  their  business  in  this  State,  computed  as  follows: 
Said  tax  shall  be  equal  to  the  percentages  hereinafter  fixed  upon  the 
gross  receipts  from  operation  of  such  companies  and  each  thereof  within 
this  State. 

Gross  Receipts  from  Interstate  Business. — When  such  companies  are 
operating  partly  within  and  partly  without  this  State,  the  gross  re- 
ceipts within  this  State  shall  be  deemed  to  be  all  receipts  on  business 
beginning  and  ending  within  this  State,  and  a  proportion,  based  upon 
the  proportion  of  the  mileage  within  this  State  to  the  entire  mileage 
over  which  such  business  is  done,  of  receipts  on  all  business  passing 
through,  into,  or  out  of  this  State. 

Percentages  on  Gross  Receipts. — The  percentages  above  mentioned 
shall  be  as  follows :  On  all  railroad  companies,  including  street  rail- 
ways, four  per  cent ;  on  all  sleeping-car,  dining-car,  drawing-room  car, 
palace-car  companies,  refrigerator,  oil,  stock,  fruit,  and  other  car-loan- 
ing and  other  car  companies,  three  per  cent;  on  all  companies  doing 
express  business  on  any  railroad,  steamboat,  vessel  or  stage  line,  two 
per  cent;  on  all  telegraph  and  telephone  companies,  three  and  one-half 
per  cent ;  on  all  companies  engaged  in  the  transmission  or  sale  of  gas  or 
electricity,  four  per  cent. 

In  Lieu  of  Other  Taxes  and  Licenses. — Such  taxes  shall  be  in  lieu 
of  all  other  taxes  and  licenses,  state,  county  and  municipal,  upon  the 
property  above  enumerated  of  such  companies  except  as  otherwise  in 
this  section  provided. 

Exception. — Provided,  that  nothing  herein  shall  be  construed  to 
release  any  such  company  from  the  payment  of  any  amount  agreed  to  be 
paid  or  required  by  law  to  be  paid  for  any  special  privilege  or  fran- 
chise granted  by  any  of  the  municipal  authorities  of  this  State. 

(b)  Tax  on  Insurance  Companies. — Every  insurance  company  or  as- 
sociation doing  business  in  this  State  shall  annually  pay  to  the  State 
a  tax  of  one  and  one-half  per  cent  upon  the  amount  of  the  gross 
premiums  received  upon  its  business  done  in  this  State,  less  return 
premiums  and  reinsurance  in  companies  or  associations  authorized  to 
do  business  in  this  state ; 

Specific  Deductions. — Provided,  that  there  shall  be  deducted  from 
said  one  and  one-half  per  cent  upon  the  gross  premiums  the  amount 
10 


146  hillyer's  legal  manual. 

of  any  county  and  municipal  taxes  paid  by  such  companies  on  real 
estate  owned  by  them  in  this  State.  This  tax  shall  be  in  lieu  of  all 
other  taxes  and  licenses,  State,  county  and  municipal,  upon  the  prop- 
erty of  such  companies,  except  county  and  municipal  taxes  on  real 
estate,  and  except  as  otherwise  in  this  section  provided. 

Retaliatary  Laws. — ^Provided,  that  when  by  the  laws  of  any  other 
state  or  country,  any  taxes,  fines,  penalties,  licenses,  fees,  deposits  of 
money,  or  of  securities,  or  other  obligations  or  prohibitions,  are  im- 
posed on  insurance  companies  of  this  State  doing  business  in  such  other 
State  or  country,  or  upon  their  agents  therein,  in  excess  of  such  taxes, 
fines,  penalties,  licenses,  fees,  deposits  of  money.,  or  of  securities,  or 
other  obligations  or  prohibitions,  imposed  upon  insurance  companies 
of  such  other  State  or  country,  so  long  as  such  laws  continue  in  force, 
the  same  obligations  and  prohibitions  of  whatsoever  kind  may  be  im- 
posed by  the  legislature  upon  insurance  companies  of  such  other 
State  or  country  doing  business  in  this  State. 

(c)  Tax  on  State  and  National  Banks. — The  shares  of  capital  stock 
of  all  banks,  organized  under  the  laws  of  this  State,  or  of  the  United 
States,  or  of  any  other  State  and  located  in  this  State,  shall  be  assessed 
and  taxed  to  the  owners  or  holders  thereof  by  the  State  board  of 
equalization,  in  the  manner  to  be  prescribed  by  law,  in  tHe  city  or  town 
where  the  bank  is  located  and  not  elsewhere.  There  shall  be  levied 
and  assessed  upon  such  shares  of  capital  stock  an  annual  tax,  payable 
to  the  State,  of  one  per  centum  upon  the  value  thereof.  The  value 
of  each  share  of  stock  in  each  bank,  except  such  as  are  in  liquidation, 
shall  be  taken  to  be  the  amount  paid  in  thereon,  together  with  its 
pro  rata  of  the  accumulated  surplus  and  undivided  profits.  The  value 
of  each  share  of  stock  in  each  bank  which  is  in  liquidation  shall  be 
taken  to  be  its  pro  rata  of  the  actual  assets  of  such  bank.  This  tax 
shall  be  in  lieu  of  all  other  taxes  and  licenses,  State,  county  and  muni- 
cipal, upon  such  shares  of  stock  and  upon  the  property  of  such  banks, 
except  county  and  municipal  taxes  on  real  estate  and  except  as  other- 
wise in  this  section  provided. 

Deduction  of  Real  Estate. — In  determining  the  value  of  the  capital 
stock  of  any  bank  there  shall  be  deducted  from  the  value,  as  defined 
above,  the  value,  as  assessed  for  county  taxes,  of  any  real  estate,  other 
than  mortgage  interests  therein,  owned  by  such  bank  and  taxed  for 
county  purposes. 

Liability  for  Tax. — ^The  banks  shall  be  liable  to  the  State  for  this 
tax  and  the  same  shall  be  paid  to  the  State  by  them  on  behalf  of  the 
stockholders  in  the  manner  and  at  the  time  prescribed  by  law,  and 
they  shall  have  a  lien  upon  the  shares  of  stock  and  upon  any  dividends 
declared  thereon  to  secure  the  amount  so  paid. 

Tax  on  Unincorporated  Banks  and  on  Branches  and  Agencies  of  For- 
eign Banks. — The  moneyed  capital,  reserve,  surplus,  undivided  profits 
and  all  other  property  belonging  to  unincorporated  banks  or  bankers 
of  this  State,  or  held  by  any  bank  located  in  this  State  which  has 
no  shares  of  capital  stock,  or  employed  in  this  State  by  any  branches, 
agencies,  or  other  representatives  of  any  banks  doing  business  outside 
of  the  State  of  California,  shall  be  likewise  assessed  and  taxed  to  such 


TAXATION    FOR    STATE    PURPOSES — CONSTITUTIONAL    PROVISIONS.         147 

banks  or  bankers  by  the  said  board  of  equalization,  in  the  manner  to 
be  provided  by  law  and  taxed  at  the  same  rate  that  is  levied  upon  the 
shares  of  capital  stock  of  incorporated  banks,  as  provided  in  the  first 
paragraph  of  this  subdivision. 

Deduction  of  Real  Estate. — The  value  of  said  property  shall  be  de- 
termined by  taking  the  entire  property  invested  in  such  business, 
together  with  all  the  reserve,  surplus,  and  undivided  profits,  at  their 
full  cash  value,  and  deducting  therefrom  the  value  as  assessed  for 
county  taxes  of  any  real  estate,  other  than  mortgage  interests  therein, 
owned  by  such  bank  and  taxed  for  county  purposes. 

In  Lieu  of  Other  Taxes  and  Licenses. — Such  taxes  shall  be  in  lieu 
of  all  other  taxes  and  licenses.  State,  county  and  municipal,  upon  the 
property  of  the  banks  and  bankers  mentioned  in  this  paragraph,  ex- 
cept county  and  municipal  taxes  on  real  estate  and  except  as  other- 
wise in  this  section  provided.  It  is  the  intention  of  this  paragraph 
that  all  moneyed  capital  and  property  of  the  banks  and  bankers  men- 
tioned in  this  paragraph  shall  be  assessed  and  taxed  at  the  same  rate 
as  an  incorporated  bank,  provided  for  in  the  first  paragraph  of  this 
subdivision. 

Method  of  Determining  Value. — In  determining  the  value  of  the 
moneyed  capital  and  property  of  the  banks  and  bankers  mentioned 
in  this  subdivision,  the  said  State  board  of  equalization  shall  include 
and  assess  to  such  banks  all  property  and  everything  of  value  owned 
or  held  by  them,  which  go  to  make  up  the  value  of  the  capital  stock  of 
such  banks  and  bankers,  if  the  same  were  incorporated  and  had  shares 
of  capital  stock. 

''Banks"  Deiftned. — The  word  ''banks"  as  used  in  this  subdivision 
shall  include  banking  associations,  savings  and  loan  societies  and  trust 
companies,  but  shall  not  include  building  and  loan  associations. 

(d)  Tax  on  Franchises. — All  franchises,  other  than  those  expressly 
provided  for  in  this  section,  shall  be  assessed  at  their  actual  cash  value, 
in  the  manner  to  be  provided  by  law,  and  shall  be  taxed  at  the  rate  of 
one  per  centum  each  year,  and  the  taxes  collected  thereon  shall  be 
exclusively  for  the  benefit  of  the  State. 

(e)  Distribution  of  Receipts. — Out  of  the  revenues  from  the  taxes 
provided  for  in  this  section,  together  with  all  other  State  revenues, 
there  shall  be  first  set  apart  the  moneys  to  be  applied  by  the  State  to 
the  support  of  the  public  school  system  and  the  State  university. 

Deficiency  in  State  Revenues. — In  the  event  that  the  above-named 
revenues  are  at  any  time  deemed  insufficient  to  meet  the  annual  ex- 
penditures of  the  State,  including  the  above-named  expenditures  for 
educational  purposes,  there  may  be  levied,  in  the  manner  to  be  pro- 
vided by  law,  a  tax,  for  State  purposes,  on  all  the  property  in  the 
State,  including  the  classes  of  property  enumerated  in  this  section, 
sufficient  to  meet  the  deficiency. 

Bonded  Debts. — All  property  enumerated  in  subdivisions  a,  b  and  d 
of  this  section  shall  be  subject  to  taxation,  in  the  manner  provided 
by  law,  to  pay  the  principal  and  interest  of  any  bonded  indebtedness 
created  and  outstanding  by  any  city,  city  and  countv,  town,  township 
or  district,  before  the  adoption  of  this  section.     The  taxes  so  paid 


148  hillyer's  legal  manual. 

for  principal  and  interest  on  such  bonded  indebtedness  shall  be  de- 
ducted from  the  total  amount  paid  in  taxes  for  State  purposes. 

(f)  Duty  of  Legislature. — All  the  provisions  of  this  section  shall 
be  self-executing,  and  the  legislature  shall  pass  all  laws  necessary  to 
carry  this  section  into  effect,  and  shall  provide  for  a  valuation  and 
assessment  of  the  property  enumerated  in  this  section,  and  shall 
prescribe  the  duties  of  the  State  Board  of  Equalization  and  any  other 
officers  in  connection  with  the  administration  thereof. 

Change  of  Rates. — The  rates  of  taxation  fixed  in  this  section  shall 
remain  in  force  until  changed  by  the  legislature,  two-thirds  of  all  the 
members  elected  to  each  of  the  two  houses  voting  in  favor  thereof. 

Lien  of  Taxes. — The  taxes  herein  provided  for  shall  become  a  lien 
on  the  first  Monday  in  March  of  each  year  after  the  adoption  of  this 
section  and  shall  become  due  and  payable  on  the  first  Monday  in  July 
thereafter. 

Period  for  Gross  Receipts. — The  gross  receipts  and  gross  premiums 
herein  mentioned  shall  be  computed  for  the  year  ending  the  thirty- 
first  day  of  December  prior  to  the  levy  of  such  taxes  and  the  value  of 
any  property  mentioned  herein  shall  be  fixed  as  of  the  first  Monday 
in  March. 

Proviso. — Nothing  herein  contained  shall  affect  any  tax  levied  or 
assessed  prior  to  the  adoption  of  this  section ;  and  all  laws  in  relation 
to  such  taxes  in  force  at  the  time  of  the  adoption  of  this  section  shall 
remain  in  force  until  changed  by  the  legislature. 

Reimbursement  of  Counties  and  Districts. — Until  the  year  1918  the 
State  shall  reimburse  any  and  all  counties  which  sustain  loss  of 
revenue  by  the  withdrawal  of  railroad  property  from  county  taxation 
for  the  net  loss  in  county  revenue-  occasioned  by  the  withdrawal  of 
railroad  property  from  county  taxation.  The  legislature  shall  provide 
for  reimbursement  from  the  general  funds  of  any  county  to  districts 
therein  where  loss  is  occasioned  in  such  districts  by  the  withdrawal 
from  local  taxation  of  property  taxed  for  State  purposes  only. 

(g)  No  Injunction  Until  Tax  is  Paid. — No  injunction  shall  ever 
issue  in  any  suit,  action  or  proceeding  in  any  court  against  this  State 
or  against  any  officer  thereof  to  prevent  or  enjoin  the  collection  of 
any  tax  levied  under  the  provisions  of  this  section;  but  after  pay- 
ment action  may  be  maintained  to  recover  any  tax  illegally  collected 
in  such  manner  and  at  such  time  as  may  now  or  hereafter  be  provided 
by  law. 

STATUTORY  PROVISIONS. 

(Legislative  Enactments,  1911-1913.) 

Subjects  Taxed  Exclusively  for  State  Purposes. — Taxes  levied,  as- 
sessed and  collected  as  hereinafter  provided  upon  railroads,  including 
street  railways,  Avhether  operated  in  one  or  more  counties;  sleeping- 
car,  dining-car,  drawing-room  car  and  palace  car  companies,  re- 
frigerator, oil,  stock,  fruit,  and  other  car-loaning  and  other  car  com- 
panies operating  upon  railroads  in  this  State ;  companies  doing  express 
business  on  any  railroad,  steamboat,  vessel,  or  stage  line  in  this  State ; 


TAXATION  FOR   STATE   PURPOSES.  149 

telegraph  companies;  telephone  companies;  companies  engaged  in  the 
transmission  or  sale  of  gas  or  electricity;  insurance  companies;  banks, 
banking  associations,  savings  and  loan  societies,  and  trust  companies; 
and  taxes  upon  all  franchises  of  every  kind  and  nature,  shall  be  en- 
tirely and  exclusively  for  State  purposes,  and  shall  be  assesed  and 
levied  by  the  state  board  of  equalization,  and  collected  in  the  man- 
ner hereinafter  provided. 

''Company"  Defined. — The  word  "company"  and  the  word  "com- 
panies" as  used  in  this  act  shall  include  persons,  partnerships,  joint- 
stock  associations,  companies,  and  corporations. 

Public  Service  Corporations,  How  Taxed. — All  railroad  companies, 
including  street  railways,  whether  operated  in  one  or  more  counties ; 
all  sleeping-car,  dining-car,  drawing-room  car  and  palace  car  com- 
panies, all  refrigerator,  oil,  stock,  fruit,  and  other  car-loaning,  and 
other  car  companies,  operating  upon  the  railroads  in  this  State ;  all 
companies  doing  express  business  on  any  railroad,  steamboat,  vessel, 
or  stage  line  in  this  State;  all  telegraph  and  telephone  companies; 
and  all  companies  engaged  in  the  transmission  or  sale  of  gas  or  elec- 
tricity shall  annually  pay  to  the  State  a  tax  upon  their  franchises, 
roadways,  roadbeds,  rails,  rolling  stock,  poles,  "wires,  pipes,  canals, 
conduits,  rights  of  way,  and  other  property,  or  any  part  thereof,  used 
exclusively  in  the  operation  of  their  business  in  this  State,  computed 
as  follows:  Said  tax  shall  be  equal  to  the  percentages  hereinafter 
fixed  upon  the  gross  receipts  from  operation  of  such  companies  and 
each  thereof  within  this  State. 

Gross  Receipts  from  Interstate  Business. — When  such  companies 
are  operating  partly  within  and  partly  without  this  State,  the  gross 
receipts  within  this  State  shall  be  deemed  to  be  all  receipts  on  busi- 
ness beginning  and  ending  within  this  State,  and  a  proportion,  based 
upon  the  proportion  of  the  mileage  within  this  State  to  the  entire 
mileage  over  which  such  business  is  done,  of  receipts  on  all  business 
passing  through,  into,  or  out  of  this  State. 

Percentages  on  Gross  Receipts. — The  percentages  above  mentioned 
shall  be  as  follows:  On  all  railroad  companies,  including  street  rail- 
ways four  and  three-fourths  per  cent ;  on  all  sleeping-car,  dining-car, 
drawing-room  car,  palace  car  companies,  refrigerator,  oil,  stock,  fruit, 
and  other  car-loaning,  and  other  car  companies  four  per  cent;  on  all 
companies  doing  express  business  on  any  railroad,  steamboat,  vessel 
or  stage  line,  two  per  cent ;  on  all  telegraph  and  telephone  companies, 
four  and  two-tenths  per  cent;  on  all  companies  engaged  in  the  trans- 
mission or  sale  of  gas  or  electricity,  four  and  six-tenths  per  cent. 
Such  taxes  shall  be  in  lieu  of  all  other  taxes  and  licenses.  State, 
county,  and  municipal,  upon  the  property  above  enumerated  of  such 
companies  except  as  otherwise  provided  in  section  14  of  article  13  of 
the  constitution  of  this  State,  and  as  provided  in  section  22  of  article 
4  of  said  constitution. 

"Municipal"  Defined. — The  word  "municipal"  as  used  in  this  act 
shall  apply  to  incorporated  towns  and  cities  formed  under  article  11 
of  the  constitution  of  this  State  and  to  none  other. 


150 

Tax  on  Insurance  Companies. — Every  insurance  company  or  asso- 
ciation doing  business  in  this  State  shall  annually  pay  to  the  State 
a  tax  of  one  and  three-fourths  per  cent  upon  the  amount  of  the  gross 
premiums  received  upon  its  business  done  in  this  State,  less  return 
premiums  and  reinsurance  in  companies  or  associations  authorized  to 
do  business  in  this  State ;  provided,  that  there  shall  be  deducted  from 
said  one  and  three-fourths  per  cent  upon  the  gross  premiums  the 
amount  of  any  county  and  municipal  taxes  paid  by  such  companies 
on  real  estate  owned  by  them  in  this  State.  This  tax  shall  be  in  lieu  of 
all  other  taxes  and  licenses,  State,  county,  and  municipal,  upon  the 
property  of  such  companies,  except  county  and  municipal  taxes  on 
real  estate,  and  except  as  otherwise  provided  in  the  constitution  of 
this  State. 

Retaliatory  Clause. — Provided,  that  when  by  the  laws  of  any  other 
State  or  country,  any  taxes,  fines,  penalties,  licenses,  fees,  deposits 
of  money,  or  of  securities,  or  other  obligations  or  prohibitions,  are 
imposed  on  insurance  companies  of  this  State,  doing  business  in  such 
other  State  or  country,  or  upon  their  agents  therein,  in  excess  of  such 
taxes,  fines,  penalties,  licenses,  fees,  deposits  of  money,  or  of  securi- 
ties, or  other  obligations  or  prohibitions,  imposed  upon  insurance 
companies  of  such  other  State  or  country,  so  long  as  such  laws  con- 
tinue in  force,  the  same  obligations  and  prohibitions  of  whatsoever 
kind  must  be  imposed  by  the  insurance  commissioner  upon  insurance 
companies  of  such  other  State  or  country  doing  business  in  this  State. 
Tax  on  State  and  National  Banks. — The  shares  of  capital  stock  of 
all  banks,  organized  under  the  laws  of  this  State,  or  of  the  United 
States,  or  of  any  other  State  and  located  in  this  State,  shall  be  as- 
sessed and  taxed  to  the  owners  or  holders  thereof  by  the  State  board 
of  equalization,  in  the  manner  hereinafter  provided,  in  the  city  or 
town  where  the  bank  is  located  and  not  elsewhere.  There  shall  be 
levied  and  assessed  upon  such  shares  of  capital  stock  an  annual  tax, 
payable  to  the  State,  of  one  per  centum  upon  the  value  thereof.  The 
value  of  each  share  of  stock  in  each  bank,  except  such  as  are  in 
liquidation,  shall  be  taken  to  be  the  amount  paid  in  thereon,  together 
with  its  pro  rata  of  the  accumulated  surplus  and  undivided  profits. 
The  value  of  each  share  of  stock  in  each  bank  which  is  in  liquidation 
shall  be  taken  to  be  its  pro  rata  of  the  actual  assets  of  such  bank. 
This  tax  shall  be  in  lieu  of  all  other  taxes  and  licenses.  State,  county, 
and  municipal,  upon  such  shares  of  stock  and  upon  the  property  of 
such  bank,  except  county  and  municipal  taxes  on  real  estate  and 
except  as  otherwise  provided  in  the  constitution  of  this  State. 

Deduction  of  Real  Estate. — In  determining  the  value  of  the  capital 
stock  of  any  bank  there  shall  be  deducted  from  the  value,  as  defined 
above,  the  value,  as  assessed  for  county  taxes,  of  any  real  estate, 
other  than  mortgage  interests  therein,  owned  by  such  bank  and  taxed 
for  county  purposes.  The  banks  shall  be  liable  to  the  State  for  this 
tax  and  the  same  shall  be  paid  to  the  State  by  them  on  behalf  of  the 
stockholders  in  the  manner  and  at  the  time  hereinafter  provided,  and 
they  shall  have  a  lien  upon  the  shares  of  stock  and  upon  any  divi- 
dends declared  thereon  to  secure  the  amount  so  paid. 


TAXATION  FOR   STATE  PURPOSES.  151 

Tax  on  Unincorporated  Banks  and  on  Branches  and  Agencies  of' 
Foreign  Banks. — The  moneyed  capital,  reserve,  surplus,  undivided 
profits,  and  all  other  property  belonging  to  unincorporated  banks  or 
bankers  of  this  State,  or  held  by  any  bank  located  in  this  State  which 
has  no  shares  of  capital  stock,  or  employed  in  this  State  by  any 
branches,  agencies,  or  other  representatives  of  any  banks  doing  busi- 
ness outside  of  the  State  of  California,  shall  be  likewise  assessed  and 
taxed  to  such  banks  or  bankers  by  the  said  board  of  equalization,  in 
the  same  manner  as  above  provided  for  incorporated  banks,  and  taxed 
at  the  same  rate  that  is  levied  upon  the  shares  of  capital  stock  of 
incorporated  banks,  as  provided  in  the  first  paragraph  of  this  section. 
In  the  case  of  a  branch,  an  agency,  or  other  representative  of  any 
bank  doing  business  outside  of  this  State,  the  capital  of  said  branch, 
agency,  or  representative  used  in  this  State  shall  be  taken  to  be  the 
average  amount  owed  by  the  said  branch,  agency,  or  representative 
to  the  bank  of  which  it  is  a  branch,  agency,  or  representative  during 
the  year  ending  the  first  Monday  in  March. 

Deductions  of  Real  Estate. — The  value  of  said  property  shall  be 
determined  by  taking  the  entire  property  invested  in  such  business, 
together  with  all  reserve,  surplus,  and  undivided  profits,  at  their  full 
cash  value,  and  deducting  therefrom  the  value  as  assessed  for  county 
taxes  of  any  real  estate,  other  than  mortgage  interests  therein,  owned 
by  such  bank  or  banker  and  taxed  for  county  purposes.  Such  taxes 
shall  be  in  lieu  of  all  other  taxes  and  licenses.  State,  county,  and 
municipal,  upon  the  property  of  the  banks  and  bankers  mentioned  in 
this  section,  except  county  and  municipal  taxes  on  real  estate,  and 
except  as  otherwise  provided  in  the  constitution  of  this  State. 

Items  Assessed. — All  moneyed  capital  and  property  of  the  banks 
and  bankers  mentioned  in  this  paragraph  shall  be  assessed  and  taxed 
at  the  same  rate  as  an  incorporated  bank,  provided  for  in  this  section. 
In  determining  the  value  of  the  moneyed  capital  and  property  of  the 
banks  and  bankers  mentioned  in  this  section,  the  said  State  board 
of  equalization  shall  include  and  assess  to  such  banks  all  property 
and  everything  of  value  owned  or  held  by  them  which  would  go  to 
make  up  the  value  of  the  capital  stock  of  such  banks  and  bankers, 
if  the  same  were  incorporated  and  had  shares  of  capital  stock. 

** Banks"  Defined. — The  word  ''banks"  as  used  in  this  act  shall 
include  banking  associations,  unincorporated  banks  and  bankers, 
branches,  agencies  or  other  representatives  of  any  banks  doing  busi- 
ness outside  of  the  State  of  California,  savings  and  loan  societies,  and 
such  trust  companies,  as  conduct  the  business  of  receiving  money  on 
deposit,  but  shall  not  include  building  and  loan  associations. 

Tax  on  Franchises. — All  franchises,  other  than  those  of  the  com- 
panies mentioned  in  sections  2,  3  and  4  of  this  act,  shall  be  assessed 
at  their  actual  cash  value,  after  making  due  deduction  for  goodwill, 
in  the  manner  hereinafter  provided,  and  shall  be  taxed  at  the  rate  of 
one  per  centum  each  year,  and  the  taxes  collected  thereon  shall  be 
exclusively  for  the  benefit  of  the  State. 

"Franchises"  Defined. — These  franchises  shall  include  the  actual 
exercise  of  the  right  to  be  a  corporation  and  to  do  business  as  a  cor- 


152 

poration  under  the  laws  of  this  State  and  the  actual  exercise  of  the 
right  to  do  business  as  a  corporation  in  this  State  when  such  right  is 
exercised  by  a  corporation  incorporated  under  the  laws  of  any  other 
State  or  country,  also  the  right,  authority,  privilege,  or  permission 
to  maintain  wharves,  ferries,  toll  roads,  and  toll  bridges,  and  to  con- 
struct, maintain  or  operate,  in,  under,  above,  upon,  through  or  along 
any  streets,  highways,  public  places,  or  waters,  any  mains,  pipes, 
canals,  ditches,  tanks,  conduits  or  other  means  for  conducting  water, 
oil,  or  other  substances. 

Municipal  Charges  for  Special  Franchises  not  Released. — Nothing 
in  this  act  shall  be  construed  to  release  any  company  from  the  pay- 
ment of  any  amount  agreed  to  be  paid  or  required  by  law  to  be  paid, 
now  or  hereafter,  for  any  special  privilege  or  franchise  granted  by 
any  of  the  municipal  authorities  of  this  State. 

"Gross  Receipts  from  Operation"  Defined. — The  term  "gross  re- 
ceipts from  operation"  as  used  in  section  2  of  this  act  is  hereby 
defined  to  include  all  sums  received  from  business  done  within  this 
State,  during  the  year  ending  the  thirty-first  day  of  December  last 
preceding,  including  the  company's  proportion  of  gross  receipts  from 
any  and  all  sources  on  account  of  business  done  by  it  within  this 
State,  in  connection  with  other  companies  described  in  section  2  of 
this  act. 

Interstate  Business. — In  case  of  companies  operating  partly  within 
and  partly  without  this  State,  the  gross  receipts  within  this  State 
shall  be  deemed  to  be  all  receipts  on  business  beginning  and  endins" 
within  this  State,  and  the  proportion  based  upon  the  proportion  of 
the  mileage  within  this  State  to  the  entire  mileage  over  which  such 
business  is  done,  of  receipts  on  all  business  passing  through,  into  or 
out  of  this  State. 

No  Deductions  Allowed. — No  deduction  shall  be  allowed  from  the 
gross  receipts  from  operation  for  commissions,  rebates,  or  other  re- 
payments, except  only  such  refunds  as  arise  from  errors  or  over- 
charges; nor  shall  any  deduction  be  allowed  for  payments  from  gross 
receipts  to  other  companies  for  any  purpose  whatsoever,  except  such 
refunds  as  arise  from  errors  or  overcharges. 

Income  not  Included. — Income  derived  from  property  not  defined  in 
this  act  as  operative  property  shall  not  be  included  in  the  gross 
receipts  for  the  purpose  of  determining  the  tax  on  the  property  and 
franchises  provided  for  in  section  2  of  this  act. 

"Operative  Property"  Defined. — 1.  The  term  "operative  property" 
as  used  in  this  act  shall  include : 

(a)  Of  Railroads. — In  the  case  of  railroad  companies,  including 
street  railways:  The  franchises,  roadway,  roadbed,  rails,  rolling  stock, 
rights  of  way,  sidings,  spur  tracks,  switches,  signal  systems,  cranes 
and  structures  used  in  loading  and  unloading  cars,  fences  along  the 
right  of  way,  poles,  wires,  conduits,  power  lines,  piers,  used  ex- 
clusively in  the  operation  of  the  railroad  business,  depot  grounds  and 
buildings,  ferry  boats,  tugs  and  car-fioats  used  exclusively  in  the 
operation  of  the  railroad  business ;  machine-shops,  repair-shops,  round- 
houses,   car   barns,    power-houses,    substations,    and    other   buildings, 


TAXATION  FOR  STATE  PURPOSES.  153 

used  in  the  operation  of  the  railroad  business  and  so  much  of  the  land 
on  which  said  shops,  houses,  barns,  and  other  buildings  are  situate  as 
may  be  required  for  the  convenient  use  and  occupation  of  said  build- 
ings. 

(b)  Of  Car  Companies. — In  the  case  of  sleeping-car,  dining-car, 
dirawing-room  car  and  palace  car  companies,  refrigerator,  oil,  stock, 
fruit,  and  other  car-loaning,  and  other  car  companies  operating  upon 
railroads  in  this  State :  The  franchises,  cars,  and  other  rolling  stock. 

(c)  Of  Express  Companies. — In  the  case  of  companies  doing  ex- 
press business  on  any  railroad,  steamboat,  vessel,  or  stage  line  in  this 
State :  The  franchises,  cars,  trucks,  wagons,  horses,  harness,  and  safes. 

(d)  Of  Telegraph  and  Telephone  Companies. — In  the  case  of  tele- 
graph and  telephone  companies  doing  business  in  this  State :  The 
franchises,  rights  of  way,  poles,  wires,  pipes,  conduits,  cables,  switch- 
boards, telegraph  and  telephone  instruments,  batteries,  generators, 
and  other  electrical  appliances,  and  exchange  and  other  buildings 
used  in  the  telegraph  and  telephone  business  and  so  much  of  the  land 
on  which  said  buildings  are  situate  as  may  be  required  for  the  con- 
venient use  and  occupation  of  said  buildings. 

(e)  Of  Gas  and  Electric  Companies. — In  the  case  of  companies  en- 
gaged in  the  transmission  or  sale  of  gas  or  electricity:  The  fran- 
chises, towers,  poles,  wires,  pipes,  canals,  tunnels,  ditches,  flumes, 
aqueducts,  conduits,  rights  of  way,  dams,  reservoirs,  water  and  water 
rights  used  exclusively  in  the  business  of  the  transmission  or  sale  of 
gas  or  electricity;  transformers,  substations,  gas-holders,  gas  and 
electric  generators,  switches,  switchboards,  meters,  electrical  and  gas 
appliances,  oil  tanks,  power  plants,  power-houses,  and  other  buildings 
and  structures  used  in  the  operation  of  the  business  of  the  transmis- 
sion or  sale  of  gas  or  electricity  and  so  much  of  the  land  on  which 
said  buildings  and  structures  are  situate  as  may  be  required  for  the 
convenient  use  and  operation  of  said  buildings. 

Of  All  Classes  of  Companies. — Provided,  that  the  operative  prop- 
erty of  the  companies  enumerated  in  this  section,  shall  also  include 
any  other  property  not  above  enumerated  that  may  be  reasonably 
necessary  for  use  by  said  companies  exclusively  in  the  operation  and 
conduct  of  the  particular  kinds  of  business  enumerated  in  section  2  of 
this  act. 

Operative  Property  Exempt  from  Local  Taxation. — The  operative 
property  mentioned  in  subdivisions  (a),  (b),  (c),  (d),  and  (e),  of  this 
section  shall  not  be  subject  to  taxation  for  county,  municipal,  or  dis- 
trict purposes  except  as  otherwise  provided  for  in  the  constitution 
and  laws  of  this  State. 

Property  in  Divided  Use. — Provided,  however,  that  when  any  piece 
or  parcel  of  property  in  this  State  owned  by  any  of  the  companies 
mentioned  in  section  2  of  this  act  is  used  partially  by  such  company 
for  any  use  reasonably  necessary  to  the  operation  of  any  of  the  lines 
of  business  enumerated  in  section  2  of  this  act,  and  such  property 
is  also  partially  rented  to  or  used  by  others  or  is  partially  used  by 
the  company  for  some  other  lines  of  business  not  among  those  so 
enumerated,  or  for  purposes  not  reasonably  necessary  to  the  opera- 


154 

tion  of  any  of  said  enumerated  lines  of  business,  it  shall  be  considered 
operative  property  in  that  proportion  only  which  that  part  of  the 
property  mentioned  in  this  proviso  used  by  the  company  in  the  opera- 
tion of  any  of  said  enumerated  lines  of  business  bears  to  the  whole 
of  the  property  mentioned  in  this  proviso. 

2.  Plants  Under  Construction. — Any  property  of  the  classes  men- 
tioned in  this  section  owned  by  a  company  constructing  a  new  rail- 
road, street  railway,  telegraph  or  telephone  system,  or  plant  or  sys- 
tem for  the  transmission  or  sale  of  gas  or  electricity,  no  part  of  which 
new  road,  line,  plant,  or  system  is  in  operation,  and  the  same  classes 
of  property  when  held  by  an  operating  company  solely  for  the  con- 
struction of  a  new  railroad  or  railway  line,  a  new  telegraph  or  tele- 
phone system,  or  a  new  plant  or  system  for  the  transmission  or  sale 
of  gas  or  electricity,  and  not  to  be  used  for  betterments  or  additions 
to  roads,  lines,  plants,  or  systems  already  under  operation,  shall  not 
be  considered  operative  property  and  shall  be  subject  to  assessment 
and  taxation  for  county,  municipal,  and  district  purposes.  Any  part 
of  such  property  of  any  company  mentioned  in  this  section  shall  be 
classed  and  assessed  as  operative  property  when  the  State  board  of 
equalization  shall  determine  that  such  property  is  rendering  a  sub- 
stantial public  service. 

3.  When  No  Service  is  Rendered  to  Public. — When  any  property 
in  this  State  belonging  to  a  company  of  the  classes  named  in  this  sec- 
tion is  rendering  no  service  to  the  public  in  this  State,  even  though 
it  may  be  rendering  service  to  the  public  in  some  other  state  or  states, 
such  property  shall  not  be  considered  as  operative  property,  and  shall 
be  subject  to  assessment  and  taxation  for  county,  municipal,  and  dis- 
trict purposes. 

4.  State  Board  to  Issue  Instructions  on  Operative  Property. — The 

State  board  of  equalization  shall  have  power  to  make  rules  and  issue 
instructions  not  inconsistent  with  the  constitution  and  laws  of  this 
State  for  the  guidance  of  assessors  in  determining  what  is  operative 
property  and  what  is  nonoperative  property  of  companies  named  in 
this  section. 

Report  of  Public  Service  Companies. — Such  person  or  officer,  as  the 
State  board  of  equalization  may  designate,  of  each  of  the  companies 
mentioned  in  section  2  of  this  act,  shall  within  ten  days  after  the 
first  Monday  in  March  of  each  year,  file  with  the  said  board  a  report 
signed  and  sworn  to  by  one  or  more  of  said  persons  or  officers,  show- 
ing in  detail  for  the  year  ending  the  thirty-first  day  of  December 
last  preceding,  the  various  items  as  follows : 

1.  Name  of  Company. — The  name  of  the  company,  its  nature, 
whether  a  person  or  persons,  a  partnership  (with  names  of  partners), 
an  association,  or  corporation,  and  under  the  laws  of  what  State,  ter- 
ritory or  country  organized,  the  nature  of  its  business,  the  location 
of  its  principal  place  of  business,  the  names  and  postoffice  addresses 
of  its  president,  secretary,  auditor,  treasurer,  superintendent,  and 
general  manager,  the  location  of  its  principal  place  of  business  in 
this  State,  the  name  and  postoffice  address  of  its  chief  officer  or 
managing  agent  in  this   State,  and  the  names  and  addresses  of  all 


TAXATION  FOR   STATE   PURPOSES.  155 

subsidiary  companies  whose  property  and  business  are  operated  by 
it  and  the  names  and  addresses  of  any  company  of  which  it  may  be 
subsidiary. 

2.  Property  to  be  Reported. — Each  of  the  companies  mentioned  in 
section  2  of  this  act  shall  report,  in  such  detail  as  the  State  board  of 
equalization  shall  prescribe,  all  of  its  property  in  this  State  which 
comes  under  the  definition  of  operative  property  in  section  8  of  this 
act.  When  any  such  company  operates  both  within  and  without  this 
State  it  shall  report  the  mileage  over  which  it  operates  both  within 
and  without  this  State.  It  shall  also  report  the  location  of  said  prop- 
erty within  this  State  by  counties,  cities  and  counties,  municipalities, 
and  districts,  in  such  manner  and  in  such  detail  as  said  board  of 
equalization  shall  prescribe.  It  shall  also,  at  the  same  time,  furnish 
a  duplicate  of  the  report  covering  so  much  of  said  property  as  is 
located  in  any  county,  city  and  county,  municipality,  or  district,  to 
the  assessor  of  the  county,  city  and  county,  city,  or  district  in  which 
such  property  is  located. 

Maps  to  be  Filed. — The  State  board  of  equalization  may  require  the 
filing  in  its  office  of  maps  descriptive  of  all  the  operative  property 
of  any  such  companies,  and  may  prescribe  the  form  and  size  of  such 
maps  and  the  details  to  be  shown  therein,  and  may  require  that 
similar  maps  descriptive  of  the  operative  property  within  each  county, 
city  and  county,  municipality,  or  district,  shall  be  filed  in  the  asses- 
sor's office  in  each  county,  city  and  county,  city,  or  district  in  which 
any  of  said  property  is  located. 

3.  Capital  Stocks. — The  amount  of  capital  stock  issued,  and  the 
amount  of  money  received  therefor,  showing  separately  the  capital 
stock  issued  and  the  money  received  therefor  of  the  operating  com- 
pany and  of  each  subsidiary  company  in  this  State. 

4.  Dividends. — The  dividends  paid  during  the  year  ending  the 
thirty-first  day  of  December  last  preceding,  the  surplus  fund,  if  any, 
on  said  thirty-first  day  of  December,  or  between  such  periods  as  the 
State  board  of  equalization  may  determine,  those  of  the  operating 
company  and  of  each  subsidiary  company  in  this  State  to  be  shown 
separately. 

5.  Funded  and  Other  Debts. — The  funded  and  floating  debts  and 
the  rate  of  interest  thereon,  showing  separately  the  debts  of  the 
operating  company  and  of  each  subsidiary  company  in  this  State,  on 
the  thirty-first  day  of  December  last  preceding. 

6.  Market  Value  Stock  and  Bonds. — The  market  value  of  the  stock 
and  of  the  outstanding  bonds,  or,  when  said  stock  or  bonds  have  no 
market  value,  the  actual  value  thereof,  for  such  periods  and  for  such 
dates  as  the  State  board  of  equalization  shall  prescribe. 

7.  Improvements. — The  amounts  expended  for  improvements  dur- 
ing the  year  ending  the  thirty-first  day  of  December  last  preceding, 
how  expended  and  the  character  of  the  improvements. 

8.  Gross  Receipts. — The  gross  receipts  from  operation  within  this 
State  for  the  year  ending  the  thirty-first  day  of  December  last  preced- 
ing, the  gross  receipts  from  such  classes  of  business  as  the  State 
board  of  equalization  may  designate,  to  be  reported  separately;  also, 


156  hillyer's  legal  manual. 

where  the  property  and  business  are  partly  within  and  partly  with- 
out this  State,  the  gross  receipts  for  said  period  on  all  business  be- 
ginning and  ending  entirely  within  this  State,  and  that  proportion 
of  the  gross  receipts  from  all  business  passing  through,  into,  or  out 
of  this  State,  which  the  mileage  within  this  State  bears  to  the  total 
mileage  over  which  such  interstate  business  is  done  as  further  defined 
in  section  7  of  this  act. 

9.  Operating  Expenses. — The  operating  and  other  expenses. 

10.  Profit  and  Loss. — The  balances  of  profit  and  loss,  between  such 
periods  as  the  State  board  of  equalization  may  determine. 

11.  Other  Matters. — Such  other  matters  as  the  State  board  of 
equalization  may  deem  necessary  in  order  to  enable  it  to  assess  and 
levy  the  taxes  provided  for  in  section  14  of  article  13  of  the  constitu- 
tion of  this  State. 

Subsidiary  Companies  to  be  Included  in  Report. — Each  such  com- 
pany shall  include  in  its  report  the  property  and  business  of  all  sub- 
sidiary companies  as  that  term  is  hereinafter  defined  in  this  section, 
whose  property  and  business  are  operated  by  it,  whether  by  virtue 
of  a  lease,  an  operating  contract  or  agreement,  or  by  virtue  of  con- 
trol through  the  ownership  of  stock  or  otherwise,  even  though  such 
subsidiary  companies  maintain  an  independent  legal  existence  and 
separate  accounts. 

** Subsidiary  Companies"  Defined. — The  term  "subsidiary  company" 
is  hereby  defined  as  applying  to  a  company  which  is  merged  in  the 
operating  system  of  an  operating  company  in  any  of  the  ways  above 
stated,  whose  property  and  franchises  would  be  taxable  under  sec- 
tion 2  of  this  act  if  the  same  were  operated  independently.  No  sep- 
arate report  need  be  rendered  by  a  subsidiary  company  whose  prop- 
erty, franchises,  and  operations  are  fully  and  completely  covered  by 
the  report  of  an  operating  company,  unless  the  State  board  of  equaliza- 
tion shall  deem  such  a  separate  report  necessary. 

Separate  Reports  of  Certain  Subsidiary  Companies. — Each  such 
company  operating  the  property  and  business  of  a  subsidiary  com- 
pany in  some  line  of  business  to  which  a  different  percentage  of  the 
gross  receipts  is  applied  by  section  2  of  this  act  from  that  applied  by 
said  section  2  to  the  gross  receipts  of  the  operating  company,  shall 
report  such  receipts  of  the  subsidiary  company  separately. 

Assessor  to  Report  to  State  Board  Property  Improperly  Claimed  as 
Operative  Property. — If  any  assessor  finds  in  the  report  of  the 
operative  property  in  his  county,  city  and  county,  municipality,  or  dis- 
trict, furnished  to  him  by  any  of  the  companies  as  required  in  section 
9  of  this  act,  any  piece  or  parcel  of  property  which  he  regards  as  non- 
operative  property,  or  partially  operative  and  partially  nonoperative, 
he  shall,  within  thirty  days  after  receiving  such  report,  notify  the 
State  board  of  equalization  thereof  by  mail,  which  notice  shall  contain 
a  general  description  of  the  property  and  the  assessor's  reasons  for 
regarding  the  same  as  nonoperative  property. 

Notice  to  Company. — He  shall  also  mail  a  copy  of  the  notice  to  the 
company  whose  property  is  involved. 


TAXATION  FOR   STATE   PURPOSES.  157 

State  Board  to  Investigate. — The  said  board  shall  investigate  the 
nature  of  the  property  and  its  use,  and,  if  an  agreement  between  the 
said  board,  the  assessor,  and  the  company  as  to  the  proper  classifica- 
tion of  such  property  cannot  be  reached,  then  the  said  board  shall, 
under  such  rules  of  notice  as  it  may  deem  reasonable,  set  a  date  for 
a  hearing,  at  which  the  assessor  and  the  company  may  be  present  or 
represented. 

Hearing  and  Decision  by  State  Board. — At  such  hearing  the  board 
shall,  from  the  evidence  presented  and  from  the  best  information  it 
can  obtain,  decide  the  matter  in  dispute,  and  determine  whether  such 
property  is  operative  or  nonoperative  or  in  what  proportion  operative 
and  in  what  proportion  nonoperative.  The  said  board  shall  enter  its 
decision  in  its  minutes,  and  shall  send  a  copy  thereof  to  the  assessor 
and  the  company,  and  also  to  the  proper  officer  of  any  city  affected 
thereby.  Said  decision  shall  be  binding  upon  all  parties,  the  State, 
the  county,  city  and  county,  municipality,  or  district,  and  the  com- 
pany, unless  set  aside  by  a  court  of  competent  jurisdiction,  and  each 
such  assessor  must  note  the  decision  on  his  assessment-roll,  and  must 
assess  such  property  accordingly. 

State  Board  to  Report  to  Assessor  and  Company  Property  Im- 
properly Claimed  as  Operative  Property. — If  the  State  board  of  equali- 
zation shall  find  in  the  report  of  operative  property  furnished  to  said 
board  by  any  company  under  the  provisions  of  section  9  of  this  act, 
any  piece  or  parcel  of  property  which  said  board  regards  as  non- 
operative  property,  or  partially  operative  and  partially  nonoperative, 
the  board  shall,  within  thirty  days  after  receiving  such  report,  notify 
said  company  thereof  in  writing,  which  notice  shall  contain  a  gen- 
eral description  of  the  property  and  the  reasons  for  regarding  the 
same  as  nonoperative.  It  shall  also  mail  a  copy  of  the  notice  to  any 
assessor  in  whose  county,  city  and  county,  municipality,  or  district 
the  property  is  located.  If  an  agreement  between  the  said  board,  the 
assessor,  and  the  company  as  to  the  proper  classification  of  such 
property  cannot  be  reached,  then  the  said  board  shall,  under  such 
rules  of  notice  as  it  may  deem  reasonable,  set  a  date  for  a  hearing, 
at  which  the  assessor  and  the  company  may  be  present  or  represented. 

Hearing  and  Decision  by  State  Board. — At  such  hearing  the  board 
shall,  from  the  evidence  presented  and  from  the  best  information  it 
can  obtain,  decide  the  matter  in  dispute,  and  determine  whether  such 
property  is  operative  or  nonoperative,  or  in  what  proportion  operative 
and  in  what  proportion  nonoperative.  The  said  board  shall  enter 
its  decision  in  its  minutes,  and  shall  send  a  copy  thereof  to  the  asses- 
sor and  the  company,  and  also  to  the  proper  officer  of  any  city  affected 
thereby.  Said  decision  shall  be  binding  upon  all  parties,  the  State, 
the  county,  city  and  county,  municipality,  or  district,  and  the  com- 
pany, unless  set  aside  by  a  court  of  competent  jurisdiction,  and  each 
such  assessor  must  note  the  decision  on  his  assessment-roll  and  must 
assess  the  property  accordingly. 

Insurance  Commissioner  to  Report. — The  insurance  commissioner  of 
this  State  must  on  or  before  the  last  day  of  March  in  each  year,  make 
and  file  with  the  State  board  of  equalization  a  report  showing: 


158  hillyer's  legal  manual. 

1.  Companies. — All  companies,  domestic  and  foreign,  and  all  firms, 
associations,  or  persons,  engaged  in  the  business  of  insurance  in  this 
State. 

2.  Gross  Premiums. — The  total  amount  of  the  gross  premiums  re- 
ceived from  its  business  in  this  State  by  each  of  said  companies,  firms, 
associations,  and  persons  during  the  year  ending  the  thirty-first  day 
of  December  last  preceding. 

3.  Return  Premiums  and  Reinsurance. — The  amount  of  return 
premiums  paid  on  business  done  in  this  State  and  the  amount  of  reinsur- 
ance on  business  done  in  this  State  paid  to  other  insurance  companies 
or  associations  authorized  to  do  business  in  this  State,  by  said  companies^ 
firms,  associations  and  persons,  during  said  year. 

4.  Local  Taxes. — The  amount  of  any  county  and  municipal  taxes  paid 
during  said  year  by  such  companies  on  real  estate  owned  by  them  in 
this  State,  and  where  said  real  estate  is  located. 

Companies  Subject  to  Retaliatory  Law. — In  making  this  report  he 
shall  list  separately  all  those  companies,  firms,  associations,  or  persons, 
which,  under  the  second  proviso  in  subdivision  (b)  of  section  14  of 
article  13  of  the  constitution  and  of  section  3  of  this  act,  are  subject 
to  a  tax  at  a  rate  higher  than  one  and  one-half  per  cent  on  their  gross 
premiums,  or  to  any  additional  tax  or  burden,  and  shall  indicate  in 
each  case  the  amount  and  character  of  said  tax  or  burden. 

Additional  Statements  by  Insurance  Companies. — Every  company, 
firm,  association,  or  person  engaged  in  the  business  of  insurance  in  this 
State  shall  file  with  the  insurance  commissioner  on  or  before  the  first 
Monda}^  in  March  in  each  year  such  statements  in  addition  to,  or  in 
modification  of,  the  statements  required  to  be  rendered  under  the  pro- 
visions of  article  16  of  chapter  3  of  title  I  of  part  III  of  the  Political 
Code  as  said  insurance  commissioner  shall  deem  necessary  to  enable 
him  to  prepare  the  report  required  of  him  in  this  section  and  said 
statements  shall  be  verified  in  the  same  manner  as  is  provided  for  the 
verification  of  other  statements  by  insurance  companies  in  section  610 
of  the  Political  Code,  except  that,  those  filed  by  foreign  companies 
shall  be  verified  by  the  oath  of  the  manager  thereof  residing  within 
this  State. 

Bank  Reports. — The  president,  secretary,  treasurer,  cashier,  or  such 
other  officer  as  the  State  board  of  equalization  may  determine,  of 
every  bank  referred  to  in  section  14  of  article  13  of  the  constitution 
of  this  State,  shall  on  the  first  Monday  in  March  or  within  ten  days 
thereafter  make  and  file  with  the  State  board  of  equalization  a  sworn 
statement  showing  the  condition  of  said  bank  at  the  close  of  business 
on  the  first  Monday  in  March,  and  showing  the  amount  of  its  author- 
ized capital  stock,  the  number  of  shares  issued  and  the  par  value 
thereof,  the  amount  received  for  stock  issued,  the  amount  of  its  surplus 
and  undivided  profits,  if  any,  a  complete  list  of  the  names  and 
residences  of  its  stockholders  and  the  number  of  shares  held  by  each 
as  of  record  on  the  books  of  the  bank  at  the  close  of  business  on  the 
first  Monday  in  March. 

Unincorporated  Banks,  Branches,  etc. — Or,  in  the  case  of  unincor- 
porated banks  and  bankers,  of  banks  having  no  capital  stock  and  of 


TAXATION  FOR   STATE   PURPOSES.  159 

branches,  agencies,  or  other  representatives  of  banks  doing  business  out- 
side of  this  State,  the  moneyed  capital,  reserve,  surplus,  undivided 
profits,  and  other  taxable  property,  as  further  defined  in  section  14  of 
article  13  of  the  constitution  of  this  State,  used  by  them  in  the  banking 
business  in  this  State,  also  a  description  of  the  real  estate,  other  than 
mortgage  interests  therein,  and  the  value  of  each  piece  thereof  as  as- 
sessed for  the  purpose  of  county  taxation  for  the  then  current  fiscal 
year.  Branches,  agencies,  or  other  representatives  of  banks  doing 
business  outside  of  this  State,  shall  report  the  average  amount  owed 
by  said  branches,  agencies,  or  other  representatives,  to  the  banks  of 
which  they  are  branches,  agencies,  or  representatives,  during  the  year 
ending  the  first  Monday  in  March,  also  a  description  of  the  real  estate 
other  than  mortgage  interests  therein,  and  the  value  of  each  piece 
thereof  as  assessed  for  the  purpose  of  county  taxation  for  the  then  cur- 
rent fiscal  year. 

Form  of  Reports. — The  State  board  of  equalization  shall  prescribe 
the  form  of  reports,  the  manner  of  their  verification,  and  may  require 
the  submission  of  tax  receipts,  or  copies  thereof  certified  to  be  correct 
by  any  notary  public,  in  order  to  verify  the  statements  as  to  the  as- 
sessed value  of  the  real  estate,  and  may  require  such  further  informa- 
tion or  statements  as  said  board  may  deem  necessary. 

Secretary  of  State  to  Report  Corporations,  etc. — The  Secretary  of 
State  shall  before  the  first  day  of  April  in  the  year  one  thousand  nine 
hundred  and  eleven  report  to  the  State  board  of  equalization  the 
names,  principal  place  of  business,  date  of  incorporation,  term  of  ex- 
istence, number  of  charter,  and  the  funded  debt  if  any,  and  the  then 
authorized  capital  stock  of  all  corporations  whether  formed  under  the 
laws  of  this  State  or  of  some  other  state  or  country,  a  copy  of  whose 
articles  of  incorporation  is  on  file  in  his  office,  and  which  are  author- 
ized to  do  business  in  this  State,  and  at  such  times  thereafter  and  as 
often  as  the  State  board  of  equalization  shall  determine,  report  to  said 
board  the  same  information  concerning  all  new  corporations  whether 
formed  under  the  laws  of  this  State  or  of  any  other  State  or  country  a 
copy  of  whose  articles  of  incorporation  shall  have  been  filed  in  his  office 
together  with  the  amount  of  the  capital  stock  thereof  and  also  the  names 
and  principal  place  of  business  of  all  corporations  filing  designation  of 
agents  or  certificates  of  increase  or  decrease  of  capital  stock  in  his  office 
with  the  amount  of  the  increase  or  decrease  of  the  capital  stock  thereof. 

Owners  of  Franchises  to  Report. — The  owner  or  holder  of  every 
franchise  subject  to  taxation  as  provided  in  section  5  of  this  act,  shall 
within  ten  days  after  the  first  Monday  in"  March  in  each  year  make 
a  written  report  to  the  State  board  of  equalization,  signed  and  sworn 
to  by  the  holder  or  owner  himself,  if  an  individual,  or  by  one  of  the  co- 
partners if  such  owner  or  holder  is  a  copartnership,  or  by  the  president 
or  vice-president  and  the  treasurer  or  secretary  if  the  owner  is  a 
corporation,  containing  such  a  concise  statement  or  description  of 
every  franchise  possessed  or  enjoyed  on  said  day  by  such  owner  or 
holder,  as  the  State  board  of  equalization  may  prescribe,  a  copy  of  the 
law,  grant,  ordinance,  or  contract  under  which  the  same  is  held,  or  if 
possessed  or  enjoyed  under  a  general  law,  a  reference  to  such  law,  a 


160  HILLYER^S  LEGAL   MANUAL. 

statement  of  any  condition,  obligation,  or  burden  imposed  upon  such 
franchise,  or  under  which  the  same  is  enjoyed,  and  containing  also : 

1.  Name. — The  name  of  the  company,  its  nature,  whether  a  person 
or  persons,  a  partnership  (with  names  of  partners),  an  association,  or 
corporation,  and  under  the  law^s  of  what  State,  Territory,  or  country 
organized,  the  nature  of  its  business,  the  location  of  its  principal  place 
of  business,  the  names  and  postoffice  addresses  of  its  president,  secretary, 
auditor,  treasurer,  superintendent,  and  general  manager,  the  location 
of  its  principal  place  of  business  in  this  State,  the  name  and  postoffice 
address  of  its  chief  officer  or  managing  agent  in  this  State,  and  the 
names  and  addresses  of  all  subsidiary  companies  whose  property  and 
business  are  operated  by  it. 

2.  Capital  Stock. — The  amount  of  its  authorized  capital  stock,  the 
amount  thereof  issued  and  outstanding  on  the  first  Monday  in  March, 
and  the  amount  paid  in  thereon  or  the  value  of  the  property  received 
therefor. 

3.  Funded  and  Other  Debts. — The  funded  and  floating  debts  and 
the  interest  paid  thereon  showing  separately  the  debts  of  the  operat- 
ing company  and  of  any  subsidiary  companies  in  this  State  on  the 
thirty-first  day  of  December  last  preceding. 

4.  Market  Value  Stocks  and  Bonds. — The  market  value  of  the  stock 
and  of  the  outstanding  bonds,  or,  when  said  stocks  or  bonds  have  no 
market  value,  the  actual  value  thereof,  for  such  periods  and  for  such 
dates  as  the  State  board  of  equalization  shall  prescribe. 

5.  Assessed  Value  of  Property. — The  assessed  value  of  its  property 
as  shown  by  the  last  completed  assessment-roll  in  each  county,  city 
and  county,  and  city  in  the  State  for  the  purposes  of  taxation,  and  if 
any  property  of  such  corporation  be  assessed  and  taxed  outside  of  the 
State  of  California  the  place  where  assessed,  the  amount  of  such  as- 
sessment and  taxes  there  paid  the  current  fiscal  year. 

5a.  Actual  Value  of  Nonassessable  Property. — The  market  and 
actual  value  of  all  nonassessable  real  and  personal  property  owned  by 
such  company. 

5b.  Actual  Value  of  Property  Owned. — The  amount  and  actual  value 
of  all  of  said  real  and  personal  property  referred  to  in  the  last  two  pre- 
ceding sections,  that  is  owned  and  possessed  by  the  company  at  the 
date  of  its  report ;  also,  the  amount  and  actual  value  of  any  other  and 
additional  real  or  personal  property  owned  by  the  company  at  the  date 
of  said  report. 

6.  Dividends. — The  dividends  paid  during  the  year  ending  the 
thirty-first  day  of  December  last  preceding,  the  surplus  fund,  if  any,  on 
said  thirty-first  day  of  December,  or  between  such  periods  as  the  State 
board  of  equalization  may  determine.  Those  of  the  operating  com- 
pany and  of  each  subsidiary  company  in  this  State  to  be  show^n  sep- 
arately. 

7.  Gross  Receipts. — The  gross  receipts  from  all  sources  for  the  year 
ending  the  thirty-first  day  of  December  last  preceding,  from  the  entire 
propertv  and  business,  the  gross  receipts  from  such  classes  of  business 
as  the  State  board  may  designate,  to  be  reported  separately;  also,  the 
total  gross  receipts  from  intrastate  business  and  from  interstate  busi- 


TAXATION  FOR  STATE  PURPOSES.  161 

ness  so  far  as  the  same  relate  to  this  State,  the  same  to  be  separately- 
stated. 

8.  Operating  Expenses. — The  operating  and  other  expenses. 

9.  Profit  and  Loss. — The  balances  of  profit  and  loss,  between  such 
periods  as  the  State  board  of  equalization  may  determine. 

10.  Other  Matters. — Such  other  matters  as  the  State  board  of  equal- 
ization miay  deem  necessary  in  order  to  enable  it  to  assess  and  levy  the 
taxes  provided  for  in  section  14  of  article  13  of  the  constitution  of  the 
State. 

State  Board  to  Assess  Franchises. — ^The  State  board  of  equalization 
shall  ascertain  and  determine  from  the  foregoing  reports  or  from  the 
best  information  it  can  obtain  the  actual  cash  value  on  the  first  Mon- 
day in  March  of  each  such  franchise,  and  shall  assess  and  levy  the 
taxes  thereon  in  accordance  with  the  provisions  of  subdivision  (d)  of 
section  14  of  article  13  of  the  constitution  of  this  State. 

Assessor  to  Report  to  State  Board. — Every  assessor  or  auditor  shall, 
in  the  manner,  at  the  times  and  for  the  ye>ar  required  by  the  State 
board  of  equalization,  report  to  said  board  upon  such  forms  as  may  be 
prescribed  by  said  board  the  valuation  placed  by  him  upon  the  prop- 
erty of  any  company  subject  to  an  assessment  upon  its  franchise  under 
the  provisions  of  this  act. 

Arbitrary  Assessment  in  Case  of  Failure  or  Refusal  to  Report.— If 

any  company  mentioned  in  section  1  of  this  act  shall  fail  or  refuse 
to  furnish  to  the  State  board  of  equalization  within  the  time  prescribed 
in  this  act  the  verified  report  provided  for  in  this  act,  the  State  board 
of  equalization  must  note  such  failure  or  refusal  in  the  record  of  assess- 
ments for  State  taxes  hereinafter  in  this  act  provided  for,  and  must 
make  an  estimate  of  the  amount  of  the  gross  receipts,  gross  premiums, 
value  of  the  shares  of  capital  stock,  or  value  of  the  franchises,  of  such 
company  and  must  assess  the  same  at  the  amount  thus  estimated,  which 
assessment  shall  be  the  assessment  upon  which  the  taxes  upon  the 
property  or  franchise  of  the  company  for  such  year  shall  be  levied  and 
collected  as  provided  for  in  this  act.  And  if  in  the  succeeding  year 
any  such  company  shall  again  fail  or  refuse  to  furnish  the  verified  re- 
port required  by  this  act,  the  State  board  shall  make  an  estimate  of 
the  amount  of  the  gross  receipts,  gross  premiums,  value  of  the  shares 
of  capital  stock,  or  value  of  the  franchise  of  such  company,  which 
estimate  shall  not  be  less  than  twice  the  amount  of  the  estimate  made 
by  said  board  in  the  previous  year,  and  shall  note  such  failure  or  re- 
fusal as  above  provided,  and  the  said  estimate  so  made  shall  be  the  as- 
sessment upon  which  the  taxes  upon  the  property  or  franchise  of  the 
company  for  such  year  shall  be  levied  and  collected  as  provided  for  in 
this  act.  In  case  of  each  succeeding  consecutive  failure  or  refusal  the 
said  board  shall  follow  the  same  procedure  until  a  true  statement  shall 
be  furnished. 

Penalty  for  Failure  or  Refusal  to  Report. — Any  company  failing  or 
refusing  to  make  and  furnish  any  report   prescribed  in  this   act   or 
renderinsT  a  false  or  fraudulent  report  shall  be  guilty  of  a  misdemeanor 
11 


162  HILLYER^S  LEGAL   MANUAL. 

and  subject  to  a  fine  of  not  less  than  three  hundred  dollars  and  not 
exceeding  five  thousand  dollars  for  each  such  offense. 

Penalty  for  False  Report. — Any  person  required  to  make,  render, 
siirn,  or  verify  any  report,  who  makes  any  false  or  fraudulent  report, 
with  intent  to  diefeat  or  evade  the  assessment  required  by  this  act  to 
be  made,  shall  be  guilty  of  a  misdemeanor,  and  shall  for  each  such 
offense  be  fined  not  less  than  three  hundred  dollars  and  not  more  than 
five  thousand  dollars,  or  be  imprisoned  not  exceeding  one  year  in  the 
county  jail  of  the  county  where  said  report  was  verified,  or  be  subject 
to  both  said  fine  and  imprisonment,  at  the  discretion  of  the  court. 

Extension  of  Time  for  Filing  Report. — The  State  board  of  equaliza- 
tion may,  for  good  cause  shown,  by  order  entered  upon  its  minutes,  ex- 
tend for  not  exceeding  thirty  days,  the  time  fixed  in  this  act  for  filing 
any  report  herein  provided  for;  provided,  however,  that  for  the  year 
one  thousand  nine  hundred  and  eleven  the  said  board  may  extend  the 
period  herein  mentioned  for  not  exceeding  sixty  days. 

State  Board  to  Meet  for  Assessment. — The  State  board  of  equaliza- 
tion must  meet  at  the  State  capitol  on  the  first  Monday  in  March  in 
each  year,  and  continue  in  open  session  from  day  to  day,  Sundays  and 
holidays  excepted,  until  the  first  Monday  in  July.  Betw^een  the  first 
Monday  in  March  and  the  third  Monday  before  the  first  Monday  in 
July  the  board  must  assess  and  levy  the  taxes  as  and  in  the  manner 
provided  for  in  this  act  and  in  section  14  of  article  13  of  the  constitu- 
tion of  this  State. 

Assessments,  How  Made. — The  assessments  must  be  made  to  the 
company,  person,  or  association  owning  or  operating  the  property  sub- 
ject to  said  tax,  or,  in  the  case  of  banks,  banking  associations,  savings 
and  loan  societies  and  trust  companies,  to  the  stockholders  therein. 

Banks  in  Liquidation. — Provided,  however,  that  in  the  case  of  banks 
in  liquidation  the  assessment  shall  be  made  to  the  receiver,  trustee  or 
officer  in  charge  of  such  liquidation,  as  the  case  may  be,  as  the  repre- 
sentative of  the  stockholders  thereof.  If  the  name  of  the  owner  is  un- 
known to  the  board,  such  assessment  must  be  made  to  unknown 
owners.  Clerical  errors  occurring  or  appearing  in  the  name  of  any 
company,  person,  association,  or  stockholder  whose  property  is  cor- 
rectly assessed,  or  in  the  making,  or  extension  of  any  assessment  upon 
the  records  of  the  State  board  of  equalization,  which  do  not  affect  the 
substantial  rights  of  the  taxpayer,  shall  not  invalidate  the  assessment. 

Bank  Waiver  of  Assessment  to  Individual  Stockholders.— Provided, 
however,  that  if  any  bank  shall  by  resolution  of  its  board  of  directors, 
request  the  State  board  of  equalization  to  assess  to  and  in  the  name 
of  such  bank  so  requesting,  the  entire  taxable  value  of  all  the  shares 
of  the  capital  stock  of  such  bank,  as  determined  by  said  State  board, 
instead  of  assessing  such  shares  to  and  in  the  name  of  the  individual 
stockholders  or  shareholders  owning  the  same,  and  if  such  bank  shall 
promise  that  it  will,  upon  being  notified  by  said  State  board,  of  such 
assessment  thereof  to  said  bank,  and  of  the  amount  of  taxes  to  be 
paid  upon  such  assessment,  pay  such  taxes  at  the  times  when  taxes 
assessed  and  levied  under  this  act  are  due  and  payable,  which  request 


TAXATION  FOR  STATE  PURPOSES.  163 

to  assess  said  bank  and  promise  to  pay  said  tax  shall  be  in  substan- 
tially the  following  form: 

Form  of  Waiver. — The  State  board  of  equalization  is  hereby  in- 
structed to  assess  in  the  name  of  this  bank  and  not  to  the  individual 
stockholders  or  shareholders  therein,  the  taxable  value  of  all  the  shares 
of  capital  stock  in  this  bank  and  such  bank  hereby  promises  to  pay 
to  the  State  treasurer  the  amount  of  the  tax  levied  upon  such  assess- 
ment when  such  taxes  are  due  and  payable  under  the  laws  of  this 
State. 


By  (here  insert  title  of  official  signing.) 

Enforcement  Against  Bank. — Then  the  State  board  may  assess  the 
capital  stock  to  and  in  the  name  of  such  bank  and  said  promise 
to  pay  the  taxes  shall  be  binding  upon  such  bank  and  collection  of  such 
taxes  from  such  bank  may  be  enforced  in  the  manner  and  by  the  same 
method  as  is  provided  for  the  collection  of  other  taxes  assessed  and 
levied  under  this  act. 

Board  to  Publish  Notice  of  Completion  of  Assessment. — On  the  third 
Monday  before  the  first  Monday  in  July  the  said  board  shall  publish 
a  notice  in  one  daily  newspaper  of  general  circulation  published  at 
the  State  capitol,  in  one  daily  newspaper  of  general  circulation  pub- 
lished in  the  city  and  county  of  San  Francisco,  and  in  one  daily  news- 
paper of  general  circulation  published  in  the  city  of  Los  Angeles,  that 
the  assessment  of  property  for  State  taxes  has  been  completed,  and 
that  the  record  of  assessments  for  state  taxes  will  be  delivered  to  the 
controller  on  the  first  Monday  in  July,  and  that  if  any  company,  per- 
son, or  association  is  dissatisfied  with  the  assessment  made  by  the 
board,  it  may,  at  any  time  before  the  taxes  thereon  shall  become  due 
and  payable,  apply  to  the  board  to  have  the  same  corrected  in  any 
particular. 

Correction  of  Assessments. — The  board  shall  have  power  at  any 
time  on  or  before  the  first  Monday  in  July  to  correct  the  record  of 
assessments  for  State  taxes  and  may  increase  or  decrease  any  assess- 
ment therein  if  in  its  judgment  the  evidence  presented  or  obtained 
warrants  such   action. 

Record  of  Assessments  for  State  Taxes. — The  State  board  of  equal- 
ization must  prepare  each  year  a  book,  in  one  or  more  volumes,  to  be 
called  the  ''record  of  assessments  for  State  taxes,"  in  which  must  be 
entered,  either  in  writing  or  printing,  or  by  both  writing  and  printing, 
each  assessment  and  levy  made  by  said  board  upon  the  property  and 
franchises  mentioned  in  section  1  of  this  act,  describing  the  property 
assessed,  and  such  assessments  shall  be  classified  and  entered,  in  such 
separate  parts  of  said  record  as  the  board  shall  prescribe. 

Certifying  to  Assessment-roll. — On  the  first  IMonday  in  July  the 
secretary  of  the  State  board  of  equalization  must  deliver  to  the  con- 
troller of  State  the  record  of  assessments  for  State  taxes,  certified  to 
by  the  chairman  and  secretary  of  the  board,  w^hich  certificate  shall  be 

substantially  as  follows :  "We, ,  chairman,  and , 

secretary,  of  the  State  board  of  equalization  of  the  State  of  California 
rto  hereby  certity  that  between  the  first  Monday  in  March  and  the  first 


164  hillyer's  legal  manual. 

Monday  in  July,  19 ,  the  State  board  of  equalization  made  diligent 

inquiry  and  examination  to  ascertain  all  property  and  companies  sub- 
ject to  assessment  and  taxation  for  State  purposes,  as  required  by  the 
constitution  of  this  State;  that  said  board  has  faithfully  complied  with 
all  the  duties  imposed  upon  it  by  the  constitution  and  laws  of  the, 
State  of  California;  that  said  board  has  not  imposed  any  unjust  or 
double  assessment  throue:h  malice  or  ill-will,  or  otherwise;  nor  allowed 
any  company  or  property  to  escape  a  just  assessment  through  favor  or 
reward  or  otherwise." 

Failure  to  Certify  to  Record  of  Assessments. — But  the  failure  to  sub- 
scribe such  certificate  to  such  record  of  assessments  for  State  taxes,  or 
any  certificate,  shall  not  in  any  manner  affect  the  validity  of  any  as- 
sessment. Such  record  of  assessments  shall  constitute  the  warrant  for 
the  controller  to  collect  the  taxes  assessed  and  levied  upon  the  prop- 
erty and  franchises  mentioned  in  section  1  of  this  act. 

Taxes,  When  Due  and  When  Delinquent. — The  taxes  assessed  and 
levied  as  provided  in  section  14  of  article  13'  of  the  constitution  of  this 
State,  and  in  and  by  the  provisions  of  this  act,  shall  be  due  and  pay- 
able on  the  first  Monday  in  July  of  each  year,  and  one-half  thereof 
shall  be  delinquent  on  the  sixth  Monday  after  said  first  Monday  in 
July  at  6  o'clock  P.  M.,  and  unless  paid  prior  thereto,  fifteen  per  cent 
shall  be  added  to  the  amount  thereof,  and  unless  paid  prior  to  the 
first  Monday  in  February  next  thereafter  at  6  o'clock  P.  M.,  an  addi- 
tional five  per  cent  shall  be  added  to  the  amount  thereof;  and  the  un- 
paid portion,  or  the  remaining  one-half  of  said  taxes  shall  become 
delinquent  on  the  first  Monday  in  February  next  succeedinor  the  day 
upon  which  they  became  due  and  payable,  at  6  o'clock  P.  M. ;  and  if 
not  paid  prior  thereto  five  per  cent  shall  be  added  to  the  amount 
thereof;  provided,  that  all  taxes  provided  for  or  levied  under  this  act 
which  are  not  fully  secured  by  real  property  are  due  and  payable  at 
the  time  the  assessment  is  made. 

Taxes  not  Secured  by  Real  Estate  may  be  Collected  on  Assess- 
ment.— When  in  the  opinion  of  the  State  board  of  equalization  any  of 
the  taxes  provided  for  in  this  section  are  not  a  lien  upon  real  property 
sufficient  to  secure  the  payment  of  the  taxes,  said  board  may  direct  the 
controller,  or  his  duly  authorized  representative,  to  collect  the  same 
at  any  time  before  the  first  Monday  in  August  thereafter,  and  the 
controller  may  collect  the  taxes  by  seizure  and  sale  of  any  property 
owned  by  the  company  against  whom  the  tax  is  assessed. 

Sale  of  Property  for  Taxes. — ^The  sale  of  any  property  so  seized 
shall  be  made  at  public  auction  and  of  a  sufficient  amount  of  the 
property  to  pay  the  taxes,  penalties  and  costs,  and  be  made  after  one 
week's  notice  of  the  time  and  place  of  such  sale  given  by  publication 
in  a  newspaper  of  general  circulation  published  in  the  county  where 
the  property  seized  is  situate,  or  if  there  be  no  newspaper  of  general 
circulation  published  in  such  county,  then  by  posting  of  such  notice  in 
three  public  places  in  such  county. 

Contents  of  Notice. — Said  notice  shall  contain  a  description  of  the 
property  to  be  sold  together  with  a  statement  of  the  amount  of  the 
taxes,  penalties  and  costs  due  thereon  and  the  name  of  the  owner 


TAXATION  FOR  STATE  PURPOSES.  165 

of  said  property  and  a  further  statement  that  unless  the  taxes,  pen- 
alties and  costs  are  paid  on  or  before  the  day  fixed  in  said  notice  for 
such  sale  of  said  property,  or  so  much  thereof  as  may  be  necessary  to 
pay  said  taxes,  penalties  and  costs,  said  property  will  be  sold  in  ac- 
cordance with  law  and  said  notice. 

Bill  of  Sale  and  Disposition  of  Residue  of  Property. — On  payment  of 
the  price  bid  for  any  property  sold,  the  delivery  thereof  with  bill  of 
sale  executed  by  the  controller  vests  the  title  in  the  purchaser.  The  un- 
sold portion  of  any  property  so  seized,  may  be  left  at  the  place  of  sale  at 
the  risk  of  the  owner.  All  the  proceeds  of  any  such  sale  in  excess  of 
the  taxes,  penalties,  and  costs,  must  be  returned  to  the  owner  of  the 
property  sold,  and  until  claimed  must  be  deposited  in  the  State  treasury 
subject  to  the  order  of  the  owner  thereof,  his  heirs  or  assigns. 

Controller  to  Publish  Notice  When  Taxes  are  Due. — Within  ten  days 
after  the  receipt  of  the  record  of  assessments  for  State  taxes,  the  con- 
troller must  begin  the  publication  of  a  notice  to  appear  daily  for  two 
weeks,  in  one  daily  newspaper  of  general  circulation  published  at  the 
State  capital,  in  one  daily  newspaper  of  general  circulation  published 
in  the  city  and  county  of  San  Francisco,  and  in  one  daily  newspaper 
of  general  circulation  published  in  the  city  of  Los  Angeles,  specifying: 

Contents  of  Above  Notice. — 1.  That  he  has  received  from  the  State 
board  of  equalization  the  record  of  assessments  for  State  taxes. 

2.  That  the  taxes  therein  assessed  are  due  and  payable  on  the  first 
Monday  in  July  and  that  one-half  thereof  will  be  delinquent  on  the 
sixth  Monday  after  the  first  Monday  in  July  at  6  o'clock  P.  M.,  and 
that  unless  paid  to  the  State  treasurer  at  the  capitol  prior  thereto,  fif- 
teen per  cent  will  be  added  to  the  amount  thereof,  and  unless  paid 
prior  to  the  first  Monday  in  February  next  thereafter  at  6  o'clock 
P.  M.,  an  additional  five  per  cent  will  be  added  to  the  amount  thereof; 
and  that  the  remaining  one-half  of  said  taxes  will  become  delinquent 
on  the  first  Monday  in  February  next  succeeding  the  day  upon  which 
they  became  due  and  payable,  at  6  o'clock  P.  M.;  and  if  not  paid  to 
the  State  treasurer  at  the'  capitol  prior  thereto,  five  per  cent  will  be 
added  to  the  amount  thereof. 

Taxes  a  Lien. — The  taxes  levied  under  the  provisions  of  this  act 
shall  constitute  a  lien  upon  all  the  property  and  franchises  of  every 
kind  and  nature  belonging  to  the  companies  subject  to  taxation  for 
State  purposes,  which  lien  shall  attach  on  the  first  Monday  in  March 
of  each  year. 

Tax  has  Effect  of  a  Judgment. — Every  tax  herein  provided  for  has 
the  effect  of  a  judgment  against  the  company,  and  every  lien  created 
by  this  act  has  the  effect  of  an  execution  duly  levied  against  all  prop- 
erty of  the  delinquent;  the  judgment  is  not  satisfied  nor  the  lien  re- 
moved until  such  taxes,  penalties,  and  costs  are  paid,  or  the  property 
sold  for  the  payment  thereof. 

Bankruptcy  and  Dissolution. — No  final  discharge  in  bankruptcy  or 
decree  of  dissolution  shall  be  made  and  entered  by  any  court  until  all 
taxes,  penalties,  and  costs  due  on  assessments  made  under  the  pro- 
visions of  this  act  shall  have  been  paid  and  discharged. 


166 

Taxes  to  be  Paid  to  State  Treasurer. — All  taxes  assessed  and  levied 
as  provided  in  this  act  shall  be  paid  to  the  State  treasurer,  upon  the 
order  of  the  controller,  without  deduction  for  any  taxes  assessed  and 
levied  to  pay  the  principal  and  interests  of  any  bonded  indebtedness 
mentioned  in  subdivision  (e)  of  section  14  of  article  13  of  the  con- 
stitution of  this  State,  and  the  amount  due  to  the  cities,  cities  and 
counties,  counties,  towns,  townships,  and  districts  on  account  of  said 
taxes  assessed  and  levied  for  such  bonded  indebtedness  shall  be  paid 
to  said  cities,  cities  and  counties,  counties,  towns,  townships,  or  dis- 
tricts in  the  manner  hereinafter  in  this  act  provided.  The  controller 
must  mark  the  date  of  payment  of  any  tax  on  the  record  of  assess- 
ments for  State  taxes. 

Controller  to  Receipt  for  Taxes. — ^He  must  give  a  receipt  to  the  per- 
son paying  any  tax,  or  any  part  of  any  tax,  specifying  the  amount  of 
the  assessment  and  the  tax,  or  part  of  tax,  paid,  and  the  amount 
remaining  unpaid,  if  any,  w^ith  a  description  of  the  property  assessed ; 
provided,  that  the  receipt  for  the  second  half  of  the  taxes  may  refer, 
by  number  or  in  any  other  intelligible  manner,  to  the  receipt  given  for 
the  first  half  of  said  taxes,  in  lieu  of  a  description  of  the  property 
assessed. 

Taxes  Erroneously  Collected. — Whenever  any  taxes,  penalties,  or 
costs  collected  and  paid  to  the  State  treasurer  under  the  provisions 
of  this  act,  shall  have  been  paid  more  than  once,  or  shall  have  been 
erroneously  or  illegally  collected,  or  when  any  taxes  shall  have  been 
collected  and  paid  pursuant  to  this  act  upon  a  computation  erroneously 
made  by  reason  of  clerical  mistake  of  the  officers  or  employees  of  the 
State  board  of  equalization,  or  shall  have  been  computed  in  a  manner 
contrary  to  law,  the  State  board  of  equalization  shall  certify  to  the 
State  board  of  control  the  amount  of  such  taxes,  penalties,  or  costs, 
collected  in  excess  of  what  was  legally  due,  from  whom  they  were 
collected,  or  by  whom  paid,  and  if  approved  by  said  board  of  control, 
the  same  shall  be  credited  to  the  company  or  person  to  whom  it  right- 
fully belongs,  at  the  time  of  the  next  payment  of  taxes. 

Limitation  of  Time. — No  claim  for  such  credit  shall  be  so  audited, 
approved,  allowed,  or  paid  unless  presented  within  one  year  after  the 
payment  sought  to  be  refunded. 

Cancellation  of  Erroneous  Assessment. — In  case  the  assessment  of 
any  property  or  any  company  is  duplicated  upon  the  State  assessment- 
roll,  or  there  appears  thereon  the  assessment  of  any  company  whose 
charter  has  been  forfeited  or  right  to  do  business  in  this  State  has  been 
forfeited,  or  the  assessment  of  any  company  which,  for  any  reason, 
could  not  be  legally  assessed,  the  State  board  of  equalization  or  the 
controller  shall  certify  such  fact  to  the  State  board  of  control  and  said 
board  of  control  shall  authorize  the  cancellation  of  such  assessment. 

Protest  of  Taxes. — Any  company,  person  or  association  claiming  and 
protesting  as  herein  provided  that  the  assessment  made  against  him 
or  it  by  the  State  board  of  equalization  is  void  in  whole  or  in  part  may 
bring  an  action  against  the  State  treasurer  for  the  recovery  of  the 
whole  or  any  part  of  such  tax,  penalties  or  costs  paid  on  such  assess- 
ment upon  the   grounds  stated  in  such  protest,  but  no  such   action 


TAXATION  FOR  STATE  PURPOSES.  167 

may  be  brought  later  than  the  third  Monday  in  February  next  follow- 
ing the  day  on  which  the  taxes  were  due,  nor  unless  such  company, 
person  or  association  shall  have  filed  with  the  State  controller  at  the 
time  of  payment  of  such  taxes  a  written  protest  stating  whether  the 
whole  assessment  is  claimed  to  be  void,  or  if  a  part  only,  what  part, 
and  the  grounds  upon  which  such  claim  is  founded ;  and  when  so  paid 
under  protest  the  payment  shall  in  no  case  be  regarded  as  voluntary. 

Action  to  Recover  Taxes. — Whenever  under  the  provisions  of  this 
section  an  action  is  commenced  against  the  State  treasurer,  a  copy 
of  the  complaint  and  of  the  summons  must  T)e  served  upon  the  treas- 
urer, or  his  deputy.  At  the  time  the  treasurer  demurs  or  answers, 
he  may  demand  that  the  action  be  tried  in  the  superior  court  of  the 
county  of  Sacramento,  which  demand  must  be  granted.  The  Attorney 
General  must  defend  the  action.  The  provisions  of  the  Code  of  Civil 
Procedure  relating  to  pleadings,  proofs,  trials,  and  appeals  are  ap- 
plicable to  the  proceedings  herein  provided  for.  A  failure  to  begin 
such  action  within  the  time  herein  specified  shall  be  a  bar  against  the 
recovery  of  such  taxes. 

Rendition  of  Judgment. — In  any  such  action  the  court  shall  have 
power  to  render  judgment  for  plaintiff  for  any  part  or  portion  of  the 
tax,  penalties  or  costs  found  to  be  void  and  so  paid  by  plaintiff  upon 
such  assessment. 

Reassessment  Provisions. — 1.  Every  assessment  of  property  made 
after  November  8,  1910,  under  the  provisions  of  section  14,  article  13, 
of  the  constitution  and  the  provision  of  this  act  w^hich  is,  or  may  here- 
after be  adjudged  to  be  invalid  by  reason  of  any  illegality,  invalidity, 
or  irregularity,  declared  or  existing,  in  the  assessment  of  such  prop- 
erty, or  in  the  mode  provided  for  the  assessment  thereof,  shall  be  re- 
made and  the  property  reassessed  and  equalized  for  each  year  for 
which  such  assessment  is  invalid  as  aforesaid,  and  for  the  year  for  which 
the  assessment  of  such  property  was  invalid  as  aforesaid. 

Hew  Made. — And  such  reassessment  and  equalization  shall  be  made 
by  the  same  officers  and  boards,  at  the  same  time  or  times,  as  are  pre- 
scribed by  law  for  the  assessment  and  equalization  of  property,  of  the 
same  classes  or  kinds  as  the  property  which  hereby  is  required  to  be 
reassessed. 

How  Entered. — The  assessment  and  equalized  assessment  of  such 
property  shall  be  entered  on  the  several  assessment-rolls  or  books  in  the 
same  manner  that  assessments  of  such  property  are  or  were  required  by 
law  to  be  entered  for  the  year  or  years  for  which  such  reassessments 
shall  be  made. 

Levy  of  Tax. — And  there  is  hereby  levied  for  State  purposes  the 
same  rates  of  taxation  for  each  of  such  respective  years  as  were  levied 
upon  such  property  for  each  of  said  years  for  said  state  purposes. 

Procedure. — 2.  All  property  authorized  to  be  reassessed  by  this  act 
shall  be  reassessed  and  equalized  by  the  proper  officers  and  boards  at 
the  value  to  which  and  to  the  person  or  corporation  to  whom  or  to 
which  such  property  ought,  for  each  of  such  years,  to  have  been  as- 
sessed, under  such  rules  of  notice  and  at  the  times  and  in  the  modes 


168  hillyer's  legal  manual. 

as  are  prescribed  for  the  assessment  and  equalization  of  like  classes 
of  property. 

Levy  BJid  Collection  of  Tax. — And  the  assessment  and  equalization 
thereof,  and  the  levy  and  collection  of  taxes  thereunder,  shall  be  made 
by  the  proper  officers  at  the  time,  upon  like  notice  and  in  the  manner 
now  or  hereafter  provided  by  law  for  making  assessments  and  equal- 
izing the  same,  and  for  the  levy  and  collection  of  taxes  on  like  classes 
of  property.  _ 

Delinquent  Penalties — Credits  Allowed. — And  if  the  taxes  so  relevied 
shall  become  delinquent,  there  shall  be  added  thereto  and  the  amount 
thereof  the  same  percentage  as  a  penalty  for  such  delinquency  as  is  added 
to  other  delinquent  taxes  on  like  classes  of  property ;  and  such  delinquent 
taxes  and  penalties  added  thereto  shall  be  collected  by  the  proper  officers 
in  the  manner  now  or  hereafter  provided  by  law  for  the  collection  of  de- 
linquent taxes  and  penalties  upon  like  classes  of  property,  the  col- 
lectors of  such  taxes  to  allow  as  credits  thereon  all  payments  thereto- 
fore made  on  the  tax  as  first  levied. 

Limitation  as  to  Actions. — 3.  There  shall  be  no  limitation  or  limitations 
as  to  the  time  in  which  actions  for  the  collections  of  taxes  levied  under 
this  section  may  be  commenced,  and  all  the  provisions  of  law  now  or  here- 
after provided  in  respect  to  assessments,  equalization,  levy,  and  collec- 
tion of  taxes  shall,  where  applicable,  apply  to  reassessments,  equaliza- 
tion, and  relevies  and  collections  of  taxes  made  under  the  provisions 
of  this  act. 

Controller  to  Send  Notice  of  Delinquent  Taxes. — Within  ten  days 
after  the  first  Monday  in  February,  the  controller  shall  send  by  mail 
to  the  last  known  address  of  any  company  whose  taxes  are  delinquent 
a  notice  of  the  amount  of  said  taxes,  penalties,  and  costs,  and  that  if 
the  said  taxes,  penalties,  and  costs  are  not  paid  on  or  before  the  Satur- 
day preceding  the  first  Monday  in  March  next  thereafter  at  6  o'clock 
P.  M.  of  said  day,  the  delinquent  company  if  it  be  a  domestic  corpora- 
tion will  forfeit  its  charter  to  the  State,  and  that  if  the  delinquent  com- 
pany be  a  foreign  corporation  it  will  forfeit  its  right  to  do  business  in 
this  State. 

Charter  Forfeited  for  Delinquent  Taxes. — If  the  taxes,  penalties,  and 
costs  are  not  paid  within  the  time  specified  in  said  notice,  the  con- 
troller shall,  on  said  Saturday  preceding  the  first  Monday  in  March 
at  6  0  'clock  P.  M.,  of  said  day,  mark  on  the  record  of  assessments  for 
State  taxes  opposite  the  assessment  of  the  delinquent  company  the 
words  ''charter  forfeited  to  the  State,"  if  the  delinquent  company  be 
a  domestic  corporation,  and  thereupon  said  charter  shall  be  so  for- 
feited, and  if  the  delinquent  company  be  a  foreign  corporation  the 
words  ''right  to  do  business  forfeited"  and  thereupon  said  right  to  do 
business  shall  be  so  forfeited.  He  shall  at  once  report  to  the  Secretary 
of  State  the  name  and  number  of  charter  of  each  corporation  whose 
charter  or  right  to  do  business  has  been  forfeited  for  nonpayment  of 
taxes,  and  the  Secretary  of  State  shall  at  once  report  the  same  to  the 
Governor. 

Governor  to  Proclaim  Forfeitures. — The  governor  shall  forthwith 
issue  his  proclamation,  declaring  that  the  charters  of  such  domestic 


TAXATION  FOR   STATE   PURPOSES.  169 

corporations  have  been  forfeited  and  the  right  of  such  foreign  cor- 
porations to  do  business  in  this  State  has  been  forfeited.  Said 
proclamation  shall  be  filed  immediately  in  the  office  of  the  Secretary 
of  State. 

Publication  of  Forfeiture  List. — And  immediately  thereafter  a  copy 
of  said  proclamation  shall  be  published  in  the  manner  provided  by  law 
in  one  issue  of  one  daily  newspaper  of  general  circulation  published 
at  the  State  capital,  of  one  daily  newspaper  of  general  circulation  pub- 
lished in  the  city  and  county  of  San  Francisco,  and  of  one  daily  news- 
paper of  general  circulation  published  in  the  city  of  Los  Angeles.  The 
Secretary  of  the  State  shall  thereupon  transmit  a  certified  copy  of  the 
proclamation  to  each  county  clerk  in  this  State,  who  shall  file  the  same 
in  his  office. 

Relief  from  Forfeiture. — Any  such  corporation  making  subsequent 
payment  of  all  taxes,  penalties,  and  costs  due  the  State,  and  in  addition 
thereto  an  amount  equal  to  the  taxes  levied  under  this  act  for  the  year 
in  which  such  forfeiture  occurred,  for  each  year  subsequent  to  such 
forfeiture  and  to  the  time  of  such  redemption,  shall  be  relieved  of  such 
forfeiture. 

Duty  of  Controller  and  Secretary  of  State.— And  the  controller  shall 
notify  the  Secretary  of  State  thereof,  and  the  Secretary  of  State  shall 
annually  on  the  first  Monday  in  April  transmit  to  the  county  clerk 
of  each  county  in  this  State  a  list  of  the  corporations  so  paying,  and 
which  have  been  relieved  of  such  forfeiture,  which  list  shall  be  by  said 
county  clerk  filed  in  his  office;  provided,  the  rehabilitation  of  a  cor- 
poration under  the  provisions  of  this  act  shall  be  without  prejudice  to 
any  action,  defense  or  right  which  accrued  by  reason  of  the  original 
forfeiture ;  and  provided,  that  in  case  the  name  of  any  corporation 
which  has  suffered  the  forfeiture  prescribed  in  this  act,  or  a  name  so 
closely  resembling  the  name  of  such  corporation  as  will  tend  to  de- 
ceive, has  been  adopted  by  any  other  corporation  since  the  date  of  said 
forfeiture,  then  said  corporation  having  suffered  such  forfeiture  shall 
be  relieved  therefrom  pursuant  to  the  terms  of  this  section  only  upon 
the  adoption  by  said  corporation  seeking  revivor  of  a  new  name,  and 
in  such  case  nothing  in  this  act  contained  shall  be  construed  as  per- 
mitting such  corporation  to  be  revived  or  carry  on  any  business  under 
its  former  name. 

Resumption  of  Former  Name,  When  Permitted. — And  such  corpora- 
tion shall  have  the  right  to  use  its  former  name  or  take  such  new  name 
only  upon  filing  and  application  therefor  with  the  Secretary  of  State 
and  upon  the  issuing  of  a  certificate  to  such  corporation  by  the 
Secretary  of  State  setting  forth  the  right  of  such  corporation  to  take 
such  new  name  or  use  its  former  name,  as  the  case  may  be ;  provided, 
however,  that  the  Secretary  of  State  shall  not  issue  any  certificate  per- 
mitting any  corporation  to  take  or  use  the  name  of  any  corporation 
heretofore  organized  in  this  State,  and  which  has  not  suffered  a  for- 
feiture prescribed  by  this  act,  or  to  make  or  use  a  name  so  closely 
resembling  the  name  of  such  corporation  heretofore  organized  in  this 
State  as  will  tend  to  deceive.  The  provisions  of  title  IX,  part  III  of 
the  Code  of  Civil  Procedure,  in  so  far  as  they  conflict  with  this  section, 
are  not  applicable  to  corporations  seeking  revivor  under  this  act. 


170  hillyer's  legal  manual. 

Controller  to  Sue  for  Delinquent  Taxes.— The  controller  may,  on  or 
before  the  thirtieth  day  of  April  next  following  said  delinquency  and 
forfeiture,  bring  an  action  in  a  court  of  competent  jurisdiction  in  the 
county  of  Sacramento  in  the  name  of  the  people  of  the  State  of  Cali- 
fornia, to  collect  any  delinquent  taxes,  together  with  any  penalties,  or 
costs,  which  have  not  been  paid  in  accordance  with  the  provisions  of  this 
act  and  appearing  delinquent  upon  the  record  of  assessments  for  State 
taxes  hereinbefore  in  this  act  provided  for.  The  Attorney  General 
must  prosecute  such  action,  and  the  provisions  of  the  Code  of  Civil  Pro- 
cedure relating  to  service  of  summons,  pleadings,  proofs,  trials,  and  ap- 
peals are  applicable  to  the  proceedings  herein  provided  for. 

May  Attach. — In  such  action  a  writ  of  attachment  may  be  issued, 
and  no  bond  or  affidavit  previous  to  the  issuing  of  said  attachment  is 
required.  In  the  case  of  companies  whose  charters  or  right  to  do  busi-. 
ness  has  been  forfeited  under  the  provisions  of  this  act,  service  of  sum- 
mons may  be  made  upon  the  persons  now  provided  for  by  law  to  be 
served  as  agents  or  officers  of  any  of  such  companies  and  such  persons 
shall  be  deemed  to  be  the  agents  of  such  companies  for  all  purposes 
necessary  in  order  to  prosecute  such  action. 

Payment  of  Tax. — Payment  of  the  taxes  and  penalties,  or  amount  of 
the  judgment  recovered  in  such  action  must  be  made  to  the  State  treas- 
urer. In  such  actions  the  record  of  assessments  for  State  taxes,  or  a 
copy  of  so  much  thereof  as  is  applicable  in  said  action,  duly  certified 
by  the  controller,  or  by  the  secretary  of  the  State  board  of  equaliza- 
tion, showing  unpaid  taxes  against  any  company,  person  or  association 
assessed  by  the  State  board  of  equalization,  is  prima  facie  evidence  of 
the  assessment  upon  the  property  and  franchises,  the  delinquency,  the 
amount  of  the  taxes,  penalties,  and  costs  due  and  unpaid  to  the  State, 
and  that  the  company,  person,  or  association  is  indebted  to  the  people 
of  the  State  of  California  in  the  amount  of  taxes  and  penalties  therein 
appearing  unpaid,  and  that  all  the  forms  of  law  in  relation  to  the  as- 
sessment and  levy  of  such  taxes  have  been  complied  with. 

Unlawful  to  Continue  Business  After  Forfeiture  of  Charter. — It 
shall  be  unlawful  for  any  company,  either  domestic  or  foreign,  which 
has  not  paid  to  the  State  all  taxes,  penalties  and  costs  as  in  this  act 
prescribed  and  levied,  to  exercise  the  powers  of  such  company,  or  to 
transact  any  business  in  this  State,  after  the  Saturday  preceding  the 
first  Monday  in  March  following  its  delinquency. 

Penalty  for  Violation. — Each  and  every  person  exercising  any  of 
the  powers  of  such  delinquent  company  or  transacting  any  business 
for  or  in  behalf  of  such  company  after  the  Saturday  preceding  the 
first  Monday  in  March  following  the  delinquency  of  such  company 
as  provided  in  this  act,  except  to  settle  the  affairs  of  such  company, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  less  than  twenty-five  dollars  nor  more  than 
one  hundred  dollars  for  each  day  such  violation  of  the  law  continues, 
which  fine  shall  be  paid  into  the  general  fund  of  the  State  treasury. 

Powers  and  Duties  of  State  Board. — In  addition  to  the  powers  and 
duties  prescribed  in  the  Political  Code,  it  is  the  duty  of  the  State 
board  of  equalization,  and  the  said  board  shall  have  power,  for  carry- 
ing this  act  into  effect : 


TAXATION  FOR  STATE  PURPOSES.  171 

1.  Prescribe  Forms. — To  prescribe  the  forms  upon  which  the  reports 

required  by  sections  9,  12  and  14  of  this  act  shall  be  made. 

2.  Inspect  Property. — Whenever  deemed  necessary,  to  visit  as  a 
board,  or  by  the  individual  members  thereof,  or  to  send  its  secretary 
or  duly  appointed  representative  to  any  portion  of  this  State  for  the 
purpose  of  inspecting  property  and  learning  the  value  thereof,  and 
of  collecting  information  to  enable  it  to  justly  assess  and  levy  the 
taxes  provided  for  in  this  act. 

3.  Summon  Public  Officials. — To  call  before  it,  or  any  member 
thereof,  or  before  its  secretary  or  duly  appointed  representative  on 
such  visit,  any  public  officials,  and  to  require  him  to  produce  any 
public  record,  papers  or  documents  in  their  custody. 

4.  Issue  Subpoenas. — To  issue  subpoenas  for  the  attendance  of  wit- 
nesses or  the  production  of  books  before  the  board,  or  any  member 
thereof;  which  subpoenas  must  be  signed  by  a  member  of  the  board, 
and  may  be  served  by  any  person. 

5.  Require  Attendance  of  Witnesses  and  Production  of  Books. — To 
require  any  person  having  knowledge  of  the  business  of  any  of  the 
companies  mentioned  in  section  14  of  article  13  of  the  constitution 
of  this  State,  or  having  the  custody  of  the  books  and  accounts  of  such 
companies,  to  attend  before  the  board  or  any  member  thereof,  or  be- 
fore the  secretary  or  the  duly  appointed  representative  of  said  board 
and  bring  with  him  for  inspection  any  books,  or  papers,  of  such  com- 
pany in  his  possession  or  under  his  control,  and  to  testify  under  oath 
touching  any  matter  relating  to  the  assessment  to  be  made  under  this 
act.  A  member  of  the  board,  its  secretary,  or  duly  appointed  repre- 
sentative is  authorized  to  administer  such  oath. 

6.  Examine  Books  and  Accounts. — Said  board  of  equalization  is 
hereby  authorized  and  empowered  to  examine  the  books  and  accounts 
of  all  companies  required  by  law  to  report  to  it  and  to  employ  an 
expert  accountant  or  accountants  to  assist  in  the  examination  of  the 
books  and  accounts  of  any  such  companies  when  in  the  judgment  of 
said  board  the  exigencies  of  the  case  may  so  require. 

7.  Unlawful  for  Members  or  Employees  to  Divulge  Information. — 
It  shall  be  unlawful  for  any  member  or  ex-member  of  the  State  board 
of  equalization,  or  for  any  agent  employed  by  it,  or  for  the  controller, 
or  ex-controller,  or  for  any  person  employed  by  him  or  for  any  per- 
son who  may  at  any  time  have  obtained  such  knowledge  from  any 
of  the  foregoing  officers  or  persons,  to  divulge  or  make  known  in  any 
manner  whatever  not  provided  by  law,  any  of  the  following  items 
of  information  concerning  the  business  affairs  of  companies  reporting 
to  the  said  board : 

(a)  Any  information  concerning  the  business  affairs  of  any  com- 
pany which  is  gained  during  an  examination  of  its  books  and  accounts 
or  in  any  other  manner,  and  which  information  is  not  required  to  be 
reported  to  the  State  board  of  equalization  in  the  reports  or  state- 
ments provided  for  in  paragraphs  numbered  1  to  10  of  section  9  and 
paragraphs  numbered  1  to  10  of  section  14  of  this  act. 

(b)  Any  informiation,  other  than  the  assessment  and  the  amount  of 
taxes  levied,  obtained  by  the  State  board  of  equalization  in  accordance 


172  hillyer's  legal  manual. 

with  the  provisions  of  this  act,  from  any  company  other  than  any  of 
those  enumerated  in  sections  2,  3  and  4  of  this  act. 

(c)  Any  particular  item  or  items  of  information  relating  to  the 
disposition  of  its  earnings  contained  in  the  report  of  a  quasi-puhlic 
corporation  which  any  such  corporation  may,  by  written  communica- 
tion specifying  the  items  and  presented  at  the  time  when  it  files  its 
report,  request  shall  be  treated  as  confidential. 

Governor  may  Disclose  Information. — Provided,  however,  that  if  the 
Governor  shall  direct  that  any  of  the  information  herein  referred  to 
be  made  public,  then  it  shall  no  longer  be  unlawful  to  divulge  or  make 
known  the  same. 

Penalties. — Any  violation  of  the  provisions  of  this  subdivision  shall 
be  a  misdemeanor  and  shall  be  punished  by  a  fine  not  exceeding  five 
hundred  dollars,  or  by  imprisonment  not  exceeding  six  months,  or  both, 
at  the  discretion  of  the  court. 

County  Auditors  to  Report  Assessments  of  Real  Estate  of  Banks. — 
On  the  second  Monday  in  August  of  each  year  the  auditor  of  each 
county  must  report  to  the  State  board  of  equalization,  in  addition  to 
the  items  required  to  be  so  reported  by  him  under  section  3728  of  the 
Political  Code,  the  value  of  each  piece  of  real  estate  other  than  mort- 
gage interests  therein  belonging  to  each  bank  in  his  county  as  assessed 
and  equalized  for  ipurposes  of  county  taxation. 

State  Board  to  Equalize  Such  Assessments. — Whenever  the  State 
board  of  equalization  is  satisfied  after  investigation  that  any  county 
assessor,  or  board  of  equalization,  has  assessed  any  real  estate  belong- 
ing to  any  bank  above  its  full  cash  value  and  has  thereby  unjustly  re- 
duced the  amount  of  taxes  due  the  State  from  said  bank,  said  State 
board  shall,  under  such  rules  of  notice  to  the  clerk  of  the  board  of  su- 
pervisors of  the  'County  affected  thereby  as  the  said  State  board  shall 
deem  reasonable,  equalize  the  assessed  value  of  such  real  estate  and 
shall  upon  completion  of  said  equalization  issue  an  order  to  said  asses- 
sor or  board  of  equalization  and  to  the  county  auditor  of  the  county  in 
which  said  real  estate  is  located,  fixing  the  assessed  value  of  said  real 
estate. 

Equalized  Value. — The  value  so  equalized  and  fixed,  and  no  other, 
shall  be  deemed  the  value,  as  assessed  for  county  taxes,  of  such  real 
estate,  and  the  sole  basis  of  taxation  upon  such  real  estate  for  county 
taxes.  A  copy  of  the  order  certified  by  the  Secretary  of  the  State 
board  of  equalization  shall  be  prima  facie  evidence  of  the  regularity 
of  all  proceedings  of  the  board  resulting  in  the  action  v^hich  is  the 
subject  matter  of  the  order. 

State  Board  to  Equalize  Assessments  of  Real  Estate  of  Insurance 
Companies. — The  State  board  of  equalization  shall  immediately  after 
the  county  and  city  assessments  have  been  completed,  ascertain  the 
value  of  any  real  estate  belonging  to  any  insurance  company  as  as- 
sessed and  equalized  for  purposes  of  county  and  of  city  taxation. 
"Whenever  the  State  board  of  equalization  is  satisfied  after  investiga- 
tion that  any  county,  city  and  county,  city,  or  district  assessor,  or 
board  of  equalization,  has  assessed  any  real  estate  belonging  to  any 
insurance   company   above   its   full   cash   value   and   has   thereby   un- 


TAXATION   FOR   STATE   PURPOSES.  173 

justly  reduced  the  amount  of  taxes  due  the  State  from  said  insurance 
company,  said  State  board  shall,  under  such  rules  of  notice  to  the 
clerk  of  the  board  of  supervisors  of  the  county  or  the  proper  officer 
of  the  city  affected  as  the  board  shall  deem  reasonable,  equalize  the 
assessed  value  of  such  real  estate  and  shall  upon  the  completion  of 
said  equalization,  issue  an  order  to  said  assessor  or  board  of  equaliza- 
tion and  to  the  county,  city  and  county,  city,  or  district  auditor  or 
clerk  of  the  county,  city  and  county,  city,  or  district  in  which  said 
real  estate  is  located,  fixing  the  assessed  value  of  said  real  estate. 

Equalized  Value. — The  value  so  equalized  and  fixed,  and  no  other, 
shall  be  deemed  the  value,  as  assessed  for  county,  city  and  county, 
city,  or  district  taxes,  of  such  real  estate,  and  the  sole  basis  of  taxa- 
tion upon  such  real  estate,  for  county,  municipal  and  district  taxes. 
A  copy  of  the  order  certified  by  the  Secretary  of  the  State  board  of 
equalization  shall  be  prim.a  facie  evidence  of  the  regularity  of  all  pro- 
ceedings of  the  board  resulting  in  the  action  which  is  the  subject 
matter  of  the  order. 

Assessors  to  Segregate  on  Assessment-roll. — Each  county,  city  and 
county,  city,  and  district  assessor  must  segregate  on  his  assessment- 
roll,  as  directed  by  the  State  board  of  equalization: 

1.  Assessment  of  Railroads  as  Made  by  State  Board. — The  assess- 
ments made  by  the  State  board  of  equalization,  and  apportioned  to 
the  county,  city  and  county,  city,  town,  township,  or  district,  upon 
the  franchises,  roadway,  roadbed,  rails  and  rolling  stock  of  all  rail- 
roads operated  in  more  than  one  county  in  this  State  under  the  pro- 
visions of  the  Political  Code  as  the  same  existed  and  were  in  force 
on  the  seventh  day  of  November  in  the  year  one  thousand  nine  hun- 
dred and  ten;  and 

2.  Assessments  of  Public  Service  Corporations'  Property  Subject 
to  Bond  Tax. — The  assessments  made  by  said  assessors  of  any  other 
property  enumerated  in  subdivisions  (a),  (b)  and  (d)  of  section  14 
of  article  13  of  the  constitution  of  this  State,  which  is  located  in  the 
county,  or  city  and  county,  or  any  city,  town,  township,  or  district 
in  which  it  is  subject  to  taxation  for  paying  the  principal  and  inter- 
est of  any  bonded  indebtedness  created  and  outstanding  by  any  city, 
city  and  county,  county,  town,  township,  or  district  prior  to  the 
eighth  day  of  November  in  the  year  one  thousand  nine  hundred  and 
ten,  as  provided  in  subdivision  (e)  of  section  14  of  article  13  of  the 
constitution  of  this  State. 

Duplicate  to  be  Sent  to  State  Board. — Immediately  upon  comple- 
tion of  the  assessment  and  equalization  of  property  for  the  purposes 
of  taxation  in  each  year  the  auditor  or  clerk  of  each  county,  city  and 
county,  city,  town,  or  district  must  transmit  to  the  State  board  of 
equalization  a  duplicate  of  that  part  of  the  assessment-roll  contain- 
ing the  assessments  and  apportionments  referred  to  in  paragraphs  1 
and  2  of  this  section. 

State  Board  to  Equalize  Assessments  Made  for  Bond  Purposes. — 
Whenever  the  State  board  of  equalization  is  satisfied  after  investiga- 
tion that  any  county,  city,  or  other  assessor,  or  board  of  equaliza- 
tion, has  assessed  for  taxation  to  pay  the  principal  and  interest  of 


174 

any  bonded  indebtedness  created  and  outstanding  by  any  county, 
city  and  county,  city,  town,  township,  or  district  prior  to  the  eighth 
day  of  November  in  the  year  one  thousand  nine  hundred  and  ten,  as 
provided  in  subdivision  (e)  of  section  14  of  article  13  of  the  constitu- 
tion of  this  State,  any  of  the  property  taxed  exclusively  for  State 
purposes  as  provided  in  subdivisions  (a),  (b)  and  (d)  of  section  14 
of  article  13  of  the  constitution  of  this  State,  or  has  assessed  for  pur- 
poses of  county,  city  and  county,  city,  or  district  taxation  the  prop- 
erty other  than  the  franchise  of  any  company  taxable  for  a  franchise 
under  subdivision  (d)  of  said  section  and  article  of  the  constitution, 
above  its  full  cash  value  and  has  thereby  unjustly  reduced  the  amount 
of  taxes  due  the  State  on  such  property,  said  State  board  shall,  under 
such  rules  of  notice  to  the  clerk  of  the  board  of  supervisors  of  the 
county,  or  city  and  county,  or  to  the  city  clerk  of  the  city,  affected 
thereby  as  the  board  shall  deem  reasonable,  equalize  the  assessed  value 
of  such  property,  and  shall  issue  an  order  to  said  assessor  or  board 
of  equalization  and  to  the  county  or  city  auditor  or  clerk  of  the  county, 
city  and  county,  or  city  in  which  the  property  is  located,  fixing  the 
assessed  value  of  such  property. 

Equalized  Value. — The  value  so  equalized  and  assessed,  and  no 
other,  shall  be  deemed  the  value  of  said  property,  and  its  assessment 
for  taxes  levied  to  pay  the  principal  and  interest  of  any  such  out- 
standing bonded  indebtedness,  and  in  the  case  of  companies  taxable 
for  a  franchise  under  said  subdivision  (d)  of  said  section  and  article 
of  the  constitution  shall  be  deemed  the  value  of  the  said  property, 
and  its  assessment  for  taxes  for  county,  city  and  county,  municipal 
and  district  purposes. 

Tax  Rates  for  Bonds  to  be  Separate  from  Other  Rates.-^When  mak- 
ing the  tax  levy  and  fixing  the  rates  of  taxation  for  county,  city  and 
county,  city,  town,  tow^nship,  or  district  purposes,  the  board  of  super- 
visors of  any  county,  or  city  and  county,  and  the  corresponding 
authority  in  any  city,  having  bonded  indebtedness  issued  and  out- 
standing on  the  eighth  day  of  November  in  the  year  one  thousand 
nine  hundred  and  ten,  shall  fix  the  tax  rate  for  such  bonded  indebted- 
ness separate  and  apart  from  all  other  tax  rates,  whether  for  subse- 
quent honded  indebtedness  or  for  other  purposes. 

Same  Tax  Rate  to  Apply  to  All  Property  for  Bond  Purposes. — The 
county,  city  and  county,  or  city  auditor  or  clerk  shall  extend  on  the 
assessment-roll  against  the  assessments  segregated  as  herein  pro- 
vided, the  taxes  necessary  to  pay  the  principal  and  interest  of  said 
bonded  indebtedness  at  the  same  rate  as  said  taxes  for  payment  of 
principal  and  interest  of  said  outstanding  bonded  indebtedness  shall 
be  levied  upon  the  other  classes  of  property  within  the  same  county, 
city  and  county,  city,  town,  township,  or  district,  and  the  amount  of 
each  such  taxes  shall  be  certified  by  said  auditor  or  clerk  to  the  con- 
troller and  the  amount  so  certified  shall  then  be  credited  by  the  con- 
troller to  the  county,  city  and  county,  city,  town,  township,  or  district 
to  which  it  is  due;  and  said  amount  shall  be  paid  by  said  controller 
to  the  treasurer  of  such  county,  or  city  and  county  as  provided  in 
section  29  of  this  act,  and  upon  such  payment  said  treasurer  shall 
forthwith  certify  such  fact  to  the  tax  collector  who  shall  thereupon 


TAXATION   FOR   STATE   PURPOSES.  175 

mark  upon  the  assessment-roll  the  date  of  payment  and  the  words 
"paid  by  the  State  treasurer."  The  city  clerk  or  auditor  shall  in  the 
certificate  mentioned  in  this  paragraph  also  state  the  date  when  taxes 
in  such  city  shall  become  delinquent. 

State  to  Pay  Part  of  Principal  and  Interest  of  Outstanding  Bond 
Debts. — The  controller  shall  out  of  the  taxes  collected  by  him  as  pro- 
vided in  this  act  credit  to  the  fund  created  by  an  act  of  the  thirty- 
ninth  session  of  the  legislature  entitled:  "An  act  appropriating  money 
for  the  purpose  of  payment  of  that  part  of  the  principal  and  interest 
of  any  bonded  indebtedness  created  and  outstanding  by  anj^  city, 
city  and  county,  county,  town,  township  or  district  on  the  eighth  day 
of  November  in  the  year  one  thousand  nine  hundred  and  ten,  which 
is  provided  for  in  section  14  of  article  13  of  the  constitution  of  this 
State,  and  as  provided  in  an  act  of  the  thirty-ninth  session  of  the 
legislature  entitled  'An  act  to  carry  into  effect  the  provisions  of  sec- 
tion 14  of  article  13  of  the  constitution  of  the  State  of  California  as 
said  constitution  was  amended  November  8,  1910,  providing  for  the 
separation  of  State  from  local  taxation,  and  providing  for  the  taxa- 
tion of  public  service  and  other  corporations  for  the  benefit  of  the 
State,  all  relating  to  revenue  and  taxation,'  "  the  money  due  to  each 
county,  city  and  county,  city,  town,  township,  or  district  on  account 
of  taxes  to  pay  the  principal  and  interest  of  any  bonded  indebted- 
ness created  and  outstanding  by  any  city,  city  and  county,  county, 
town,  township  or  district,  on  the  eighth  day  of  November  in  the  year 
one  thousand  nine  hundred  and  ten. 

Controller  to  Settle  in  October  and  March. — The  controller  shall  in 
the  months  of  October  and  March  in  each  year  settle  with  the  treas- 
urer of  each  county  and  city  and  county  for  the  money  collected  by 
said  controller  under  this  section,  for  the  moneys  due  said  county  or 
city  and  county  and  the  townships  and  districts  within  such  county 
or  city  and  county,  in  the  same  manner  as  settlements  are  made  be- 
tween the  county  or  city  and  county  treasurers  and  the   controller 
as  provided  for  in  section  3866  of  the  Political  Code.     The  controller 
shall  at  the  same  times,  settle  with  each  city  and  town  for  the  moneys 
due   such  city   or  town  for  the  purposes  mentioned  in  this   section, 
and  when  ready  for  such   settlement   shall  notify  the   city  or  town 
treasurer  of  the  amount  of  money  due  the  city  or  town  for  said  pur- 
poses,  and  that  upon  receipt  of  proper  authority  so   to   do,  he  will 
forward  to   said   city  or  town  treasurer   a   warrant  for  the   amount 
thereof;   provided,   however,   that  upon   receipt   of   notice   from   any 
such  city  or  town  treasurer  that  any  bond  issue  matures  for  principal 
or  interest  before  the  date  of  such  settlement,  which  notice  shall  state 
the  amount  thereof  due  from  the  State  and  the  date  of  maturity,  and 
that  said  amount  due  from  the  State  is  required  in  order  to  pay  the 
same,  the  said  controller  must,  before  said  date  of  maturit3%  forward 
his  warrant  to  such  city  or  town  treasurer  in  the  manner  above  pro- 
vided for  the  amount  ascertained  by  him  to  be  due.     The  treasurer 
of  the  county  or  city  and  county  shall  forthwith,  upon  receipt  by  him 
of  the  moneys  so  hereinbefore  directed  to  be  paid  by  said  controller, 
credit  the  amount  so  received  by  him  to  the  county,  city  and  county, 


176  hillyer's  legal  manual. 

township  or  district,  respectively  entitled  thereto,  and  pay  the  same 
in  the  manner  provided  by  law. 

Excess  Paid  by  State. — Any  excess  paid  by  the  controller  to  a 
county,  city  and  county,  city,  town,  or  to  a  county  or  city  and  county 
or  any  township  or  district,  over  and  above  the  State's  share  of  the 
amount  actually  expended  by  such  county,  city  and  county,  city,  town, 
township  or  district,  to  pay  the  interest  and  principal  of  said  bonded 
indebtedness  in  any  year,  shall  be  repaid  to  the  State  in  such  manner 
as  the  controller  shall  direct. 

State  to  Reimburse  Counties. — Until  the  year  one  thousand  nine 
hundred  and  eighteen  the  State  shall  reimburse  any  and  all  counties 
which  sustain  loss  of  revenue  by  the  withdrawal  of  railroad  property 
from  county  taxation  for  the  net  loss  in  county  revenue  occasioned 
by  the  withdrawal  of  railroad  property  from  county  taxation  in  the 
manner,  at  the  times,  and  in  the  amounts  specified  in  an  act  of  the 
thirty-ninth  session  of  the  legislature  entitled  "An  act  to  provide 
for  the  reimbursement  of  counties  in  this  State  which  sustain  net 
loss  of  revenue  by  the  Avithdrawal  of  railroad  property  from  county 
taxation,  under  the  provisions  of  section  14  of  article  13  of  the  con- 
stitution of  this  State." 

State  not  to  Pay  County  Treasurers'  Expenses. — The  provisions  of 
section  3876  of  the  Political  Code  shall  not  apply  to  the  settlements 
made  with  the  State  treasurer  under  sections  29  and  30'  of  this  act, 
but  the  county  board  of  supervisors  may  if  it  deem  necessary  allow 
the  county  treasurer  the  actual  expenses  incurred  in  collecting  the 
money  due  the  county  from  the  State. 

Counties  to  Reimburse  Loss  to  Districts. — The  board  of  supervisors 
of  each  county  shall  in  the  month  of  September  of  each  year  deter- 
mine the  amount  of  loss  to  each  district  in  the  county  where  loss  is 
occasioned  in  such  district  by  the  withdrawal  from  local  taxation  of 
property  taxed  for  State  purposes  only,  and  in  the  month  of  Decem- 
ber next  thereafter  shall  reimburse  such  district  from  the  general  funds 
of  the  county  for  one-half  of  such  loss,  and  in  the  month  of  May  next 
thereafter  shall  reimburse  such  district  from  the  general  fund  of  the 
county  for  the  remaining  one-half  of  such  loss. 

All  Property  in  State  Subject  to  Deficiency  Tax. — ^Any  tax  required 
to  be  levied  for  State  purposes  as  provided  in  subdivision  (e)  of  sec- 
tion 14  of  article  13  of  the  constitution  as  amended  the  eighth  day 
of  November  in  the  year  one  thousand  nine  hundred  and  ten,  to  meet 
any  deficiency  in  the  State  revenue  shall  be  assessed,  levied  and  col- 
lected on  all  property  in  the  State,  not  exempt  from  taxation  includ- 
ing the  classes  of  property  enumerated  in  this  act,  under  the  pro- 
visions of  the  Political  Code  relating  to  the  assessment,  levy  and 
collection  of  State  and  county  taxes  as  said  provisions  were  in  force  on 
the  seventh  day  of  November  in  the  year  one  thousand  nine  hundred 
and  ten. 

Prior  Laws  not  Repealed  for  Certain  Purposes. — Nothing  in  this 
act  shall  be  construed  as  repealing  any  laws  in  force  prior  to  the 
eighth  day  of  November  in  the  year  one  thousand  nine  hundred  and 
ten,  relating  to  taxation,  in  so  far  as  said  laws  may  be  necessary  for 


TAXATION  FOR  STATE  PURPOSES.  177 

the  assessment,  levy,  and  collection  of  State,  county,  city  and  county, 
municipal  or  district  taxes,  or  in  so  far  as  said  laws  may  be  necessary 
for  the  assessment,  levy  and  collection  of  the  taxes  provided  for  in 
section  22  of  article  4  of  the  constitution  as  amended  on  the  eighth 
day  of  November  in  the  year  one  thousand  nine  hundred  and  ten;  or 
in  so  far  as  said  laws  may  be  necessary  for  the  assessment,  levy  and 
collection  of  the  taxes  for  State  purposes,  on  all  the  property  in  the 
State,  not  exempt  from  taxation,  to  meet  a  deficiency  in  the  revenues 
for  the  support  of  the  State  government,  or  to  pay  the  principal  and 
interest  of  any  bonded  indebtedness  created  and  outstanding  by  any 
city,  city  and  county,  county,  town,  township,  or  district,  both  as 
provided  in  subdivision  (e)  of  section  14  of  article  13  of  the  constitu- 
tion as  amended  on  the  eighth  day  of  November  in  the  year  one  thou- 
sand nine  hundred  and  ten. 

Basis  and  Findings  on  Increase  of  Tax  Rates  on  Public  Service  Cor- 
porations, Provided  for  in  Chapter  6,  Laws  of  1913. — In  so  far  as  the 
rates  of  taxation  upon  the  property  and  franchises  described  and 
enumerated  in  section  14  of  article  13  of  the  constitution  of  the  State 
of  California  and  in  section  1  of  the  act  of  which  this  act  is  in  part 
amendatory,  differ  from  the  rates  of  taxation  upon  such  property 
and  franchises  as  fixed  and  defined  by  this  act,  it  is  hereby  declared 
to  be  the  intent  and  purpose  of  the  legislature,  two-thirds  of  all  the 
members  elected  to  each  of  the  two  houses  voting  in  favor  thereof, 
by  virtue  of  the  authority  conferred  upon  the  legislature  by  sub- 
division f  of  section  14  of  article  13  of  the  constitution  to  change  the 
rates  of  taxation  heretofore  fixed  and  imposed  by  said  section  of  the 
constitution  and  enumerated  and  specified  in  the  act  of  which  this 
act  is  amendatory  to  the  rates  fixed,  determined,  established  and  set 
forth  by  and  in  this  act. 

This  tax  levy,  and  each  and  every  of  the  percentages  or  rates  of 
taxation  herein  and  hereby  determined,  made,  fixed  and  established 
to  be  paid  by  the  persons,  firms,  companies  and  corporations  specified, 
described  or  included  in  section  14  of  article  13  of  the  constitution, 
are  and  have  been  determined,  made,  fixed  and  established  after  a 
full,  complete,  open  and  public  investigation  and  hearing  by  and  be- 
fore this  legislature  upon  and  respecting  the  value  of  each  and  all 
of  the  properties  and  franchises  included  within  or  enumerated  in 
section  14  of  article  13  of  the  constitution,  and  of  all  other  and  differ- 
ent property  subject  to  taxation  of  any  kind  within  the  State  of  Cali- 
fornia, of  which  investigation  and  hearing  every  and  all  persons, 
firms,  companies  and  corporations  concerned  therein  or  affected 
thereby  had  due  notice;  and  at  which  investigation  and  hearing  the 
legislature  took  oral  and  written  evidence  and  at  which  hearing  every 
and  all  persons,  firms,  companies  and  corporations  concerned  therein 
or  affected  thereby  and  who  desired  so  to  do,  were  given  an  oppor- 
tunity to  and  did  appear  and  were  heard  and  introduced  evidence 
before  this  legislature  respecting  and  showing  the  value  of  said  prop- 
erties and  franchises  included  within  or  enumerated  in  said  section 
14  of  article  13  of  the  constitution  and  also  respecting  and  showing 
the  value  of  all  other  and  different  property  subject  to  taxation  of 
any  kind  within  the  State  of  California,  and  after  the  due  considera- 
12 


178 

tion  of  all  of  said  evidence  by  this  legislature  and  its  ascertainment 
and  determination  therefrom  and  thereon  of  the  value  of  said  and 
all  of  said  hereinbefore  mentioned  properties  and  franchises;  and  the 
percentages  or  rates  of  taxation  herein  and  hereby  determined,  fixed 
and  established  have  been  and  are  determined,  fixed  and  established, 
and  have  been  and  are  based,  upon  the  value  of  each,  all  and  every 
of  the  properties  and  franchises  included  within  or  enumerated  in 
said  section  14  of  article  13  of  the  constitution  as  ascertained  and 
determined  as  aforesaid  by  this  legislature  and  constitute  and  are  the 
percentages  or  rates  of  taxation  ascertained  and  determined  by  this 
legislature  which  when  applied  in  the  manner  provided  and  required 
by  law,  do  and  will  levy  a  tax  upon  said  properties  and  franchises 
included  w^ithin  or  enumerated  in  said  section  14  of  article  13  of  the 
constitution  in  proportion  to  the  value  of  the  same  and  in  proportion 
to  the  value  of  every  and  all  other  and  different  property  subject  to 
taxation  of  any  kind  within  the  State  of  California  as  ascertained 
and  determined  as  aforesaid  by  this  legislature. 

GENERAL  INFORMATION  IN  REGARD  TO  STATE 

TAXES. 

(Legislation  of  1913  will  apply  to  assessment  of  1914.) 

There  are  so  many  requests  from  taxpayers  for  information  in  re- 
gard to  the  new  State  taxes,  especially  franchise  taxes,  that  it  is 
deemed  advisable  to  offer  here  this  explanation. 

On  November  8,  1910,  the  people  of  California  amended  the  Con- 
stitution by  adding  section  14  to  article  13  (generally  known  as  Con- 
stitutional Amendment  No.  1).  This  provided,  in  substance,  two 
things,  viz. : 

Gross  Receipts  Taxes. — First,  that  certain  corporations,  such  as  rail- 
roads, street  railroads,  car  companies,  gas  and  electric  companies,  ex- 
press, insurance,  telegraph  and  telephone  companies  should  be  taken 
over  by  the  State  for  taxation  on  their  operative  property  for  State 
purposes  exclusively.  These  are  generally  referred  to  as  the  "with- 
drawn corporations. ' '  Their  taxes  are  fixed  at  a  certain  rate  per  cent 
on  their  gross  receipts,  and  such  taxes  cover  both  physical  property 
and  franchises. 

Franchise  Taxes. — Second,  the  amendment  provided  that  the  fran- 
chises of  all  other  corporations  should  also  be  taxed  for  State  pur- 
poses, while  all  their  other  properties  and  the  property  of  individuals 
are  left  to  local  taxation. 

To  put  it  in  a  little  different  language,  the  publij3  service  corpora- 
tions above  named  are  taxed  on  all  their  possessions  (except  non- 
operative  property)  for  State  purposes  alone,  while  other  corpora- 
tions pay  taxes  to  the  State  on  their  franchises  only,  and  on  all  of 
their  other  property  they  pay  taxes  to  the  county,  the  municipality 
and  the  district. 

The  exceptions  to  the  above  general  statement  are  these:  First,  if 
from  the  special  taxes  thus  provided  the  State  does  not  secure  the 
revenues  necessary  for  its  suppport,  it  may  levy  a  deficiency  tax  on  all 


STATE  TAXES — GENERAL  INFORMATION.  179 

property,  including  that  of  the  withdrawn  corporations;  second,  by 
virtue  of  another  constitutional  amendment,  also  adopted  in  1910,  all 
property,  including  the  withdrawn  corporations,  is  liable,  during  the 
period  of  four  years,  to  a  State  tax  for  the  Panama-Pacific  Exposi- 
tion; third,  wherever  public  bond  debts  existed  on  November  8,  1910, 
the  property  of  the  withdrawn  corporations  is  taxable  to  help  pay 
interest  and  principal  of  such  past  bond  debts,  but  the  taxes  so  paid 
are  deducted  from  the  total  amount  paid  in  taxes  for  State  purposes. 

Rate  on  Franchises. — The  following  is  the  provision  of  the  Con- 
stitution relating  to  franchises : 

(d)  "All  franchises  other  than  those  expressly  provided  for  in 
this  section,  shall  be  assessed  at  their  actual  cash  value,  in  the  man- 
ner to  be  provided  by  law,  and  shall  be  taxed  at  the  rate  of  one  per 
centum  each  year,  and  the  taxes  collected  thereon  shall  be  exclusively 
for  the  benefit  of  the  State." 

What  are  Franchises. — To  define  the  franchises  referred  to  by  the 
Constitution  the  legislature  provided  as  follows  in  chapter  335,  Stat- 
utes of  1911 : 

"These  franchises  shall  include  the  actual  exercise  of  the  right  to 
be  a  corporation  and  to  do  business  as  a  corporation  under  the  laws 
of  this  State  and  the  actual  exercise  of  the  right  to  do  business  as  a 
corporation  in  this  State  when  such  right  is  exercised  by  a  corpora- 
tion incorporated  under  the  laws  of  any  other  State  or  country,"  be- 
sides the  right  or  privilege  to  exercise  special  franchises,  as  to  main- 
tain wharves,  ferries,  or  toll  roads,  or  to  use  the  public  streets  for 
mains,  conduits,  etc. 

Values,  How  Fixed. — With  reference  to  the  "manner"  of  assessing 
franchises,  the  legislature  provided  for  an  elaborate  system  of  reports 
to  be  rendered  by  corporations,  and  then  added  this : 

"The  State  board  of  equalization  shall  ascertain  and  determine 
from  the  foregoing  reports  or  from  the  best  information  it  can  obtain 
the  actual  cash  value  on  the  first  Monday  in  March  of  each  such  fran- 
chise, and  shall  assess  and  levy  the  taxes  thereon  in  accordance  with 
the  provisions  of  subdivision  (d)  of  section  14  of  article  13  of  the  Con- 
stitution of  this  State." 

In  practice  the  State  board  of  equalization  assumes  that  every  in- 
corporated concern  possesses  a  franchise,  and  endeavors  to  ascertain 
its  value  and  assess  it  accordingly.  This  value  is  arrived  at  from  a 
study  of  the  reports,  aided  by  the  "best  information"  which  can  be 
obtained  from  any  other  source,  as  the  law  requires. 

No  Established  Scale. — Many  persons  having  in  mind  the  corpora- 
tion license  tax,  which  is  scaled  in  proportion  to  authorized  capital 
stock,  and  the  federal  corporation  tax,  which  is  fixed  in  proportion 
to  net  profits  in  excess  of  $5,000,  assume  that  the  State  franchise  tax 
must  be  based  on  a  similar  scale,  but  it  is  not  so.  The  constitution 
makes  the  rate  of  tax  one  per  cent  on  the  value  of  the  franchise,  and 
the  board  of  equalization  considers  the  stock,  bond  debt,  income,  net 
profit,  surplus,  etc.,  only  as  aids  in  fixing  the  value  of  the  franchise. 
In  the  same  way,  it  considers  the  assessment  of  the  physical  proper- 
ties made  by  the  county  assessor. 


180 

County  Assessor's  Rule. — Before  the  adoption  of  the  constitutional 
amendment  many  franchises  were  assessed  by  county  assessors,  who 
worked  out  a  practice  of  deducting  the  value  of  the  tangible  prop- 
erty from  the  total  value  of  the  corporation  and  taking  a  certain  por- 
tion of  the  difference  as  constituting  the  assessable  value  of  the 
franchise.  This  rule  the  Supreme  Court  has  upheld  in  such  cases 
as  Bank  of  California  v.  City  and  County  of  San  Francisco,  Crocker 
V.  Scott,  and  City  of  Los  Angeles  v.  Western  Union  Oil  Co.  So  far 
as  practicable,  the  State  board  of  equalization  has  been  guided  by  this 
rule. 

The  law  necessarily  leaves  much,  in  the  fixing  of  franchise  taxes, 
to  an  exercise  of  judgment.  There  are  five  members  of  the  board  of 
equalization,  and  although  they  work  together,  they  may  arrive  by 
different  methods  at  a  common  conclusion.  This  and  the  impossi- 
bility of  remembering  just  how  twenty  thousand  different  taxes  were 
fixed  render  it  out  of  the  question,  in  most  instances,  to  answer  an 
inquiry  how  a  particular  tax  was  computed. 

The  law  gives  opportunity,  during  a  period  of  three  weeks  preced- 
ing the  first  Monday  in  July,  for  any  corporation  to  ascertain  the 
amount  of  the  proposed  tax  and  to  apply  for  correction  of  the  same. 

In  assessing  foreign  corporations  the  State  board  endeavors  to  as- 
certain the  proportion  of  the  total  business  which  is  done  and  the 
proportion  of  capital  employed  in  California  and  to  fix  the  tax  in 
proportion. 

SYNOPSIS  OF  TAX  LAWS. 

STATE  TAXES. 

Public  service  corporations  file  sworn  report  of  their  operations  for 
the  year  ending  the  preceding  31st  day  of  December,  with  the  State 
board  of  equalization  within  ten  days  after  the  first  Monday  in 
March.     (Stats.  1913,  p.  017.) 

Insurance  Commissioner  files  report  with  State  board  of  equaliza- 
tion on  or  before  the  last  day  of  March.     (Stats.  1911,  p.  530.) 

Banks  report  to  State  board  of  equalization  on  first  Monday  in 
March  or  within  ten  days  thereafter.     (Stats.  1911,  p.  530.) 

Secretary  of  State  reports  corporations  to  State  board  of  equaliza- 
tion as  required  by  the  board.     (Stats.  1911,  p.  530.) 

Owners  of  franchises  subject  to  taxation  report  to  State  board  of 
equalization  within  ten  days  after  first  Monday  in  March.  (Stats. 
1913,  p.  619.) 

Railroad  companies  report  to  State  board  of  equalization  on  first 
Monday  in  April.     (Pol.  Code,  3664.) 

Assessors  must  report  valuation  of  property  of  companies  subject 
to  franchise  assessment  at  such  time  as  the  State  board  of  equaliza- 
tion may  require.     (Stats.  1911,  p.  530.) 

State  board  of  equalization  may  extend  the  time  for  making  reports 
not  exceeding  thirty  days.     (Stats.  1911,  p.  530.) 

State  board  of  equalization  meets  at  the  State  Capitol  on  the  first 
Monday  in  March  and  continues  in  open  session  until  the  third  Mon- 
day in  July.     (Stats.  1913,  p.  621.) 


SYNOPSIS   OF   TAX  LAWS — STATE.  181 

Action  against  State  Treasurer  for  recovery  of  taxes  illegally  paid 
must  be  brought  not  later  than  the  first  Monday  in  June.  (Pol.  Code, 
3669.) 

State  board  of  equalization  must  assess  and  levy  State  taxes  be- 
tween the  first  Monday  in  March  and  the  third  Monday  before  the 
first  Monday  in  July.     (Stats.  1913,  p.  621.) 

State  board  of  equalization  publishes  notice  of  completion  of  assess- 
ment on  the  third  Monday  before  the  first  Monday  in  July.     (Stats. 

1913,  p.  622.) 

State  board  of  equalization  assesses  and  levies  taxes  for  State  pur- 
poses under  a,  b,  c,  and  d  of  section  14  of  article  13  of  State  Constitu- 
tion, and  determines  deficiency,  if  any,  between  first  Monday  in  March, 

1914,  and  first  Monday  in  July,  1914.     (Stats.  1913,  p.  1084.) 

State  board  of  equalization  delivers  the  record  of  assessment  for 
State  taxes  to  the  controller  on  the  first  Monday  in  July.  (Stats.  1913, 
p.  622.) 

State  board  of  equalization  may  correct  record  of  assessment  for 
State  taxes  on  or  before  the  first  Monday  in  July.  (Stats.  1913, 
p.  622.) 

State  taxes  are  due  and  payable  on  the  first  Monday  in  July. 
(Stats.  1911,  p.  530.) 

One-half  of  State  taxes  is  delinquent  on  the  sixth  Monday  after  the 
first  Monday  in  July,  at  6  P.  M.     (Stats.  1911,  p.  530.) 

Second  half  of  State  taxes  is  delinquent  on  the  first  Monday  in  Feb- 
ruary at  6  o'clock  P.  M.     (Stats.  1911,  p.  530.) 

Assessors  transmit  copy  of  assessment-roll  to  State  board  of  equal- 
ization on  second  Monday  of  July.     (Pol.  Code,  3655.) 

State  board  of  equalization  may  direct  controller  to  collect  State 
taxes  by  seizure  and  sale  at  any  time  before  the  first  Monday  in  Au- 
gust.    (Stats.  1911,  p.  530.) 

State  board  of  equalization  meets  at  Sacramento  on  third  Monday 
in  July.     (Pol.  Code,  3665.) 

State  board  of  equalization  meets  at  Sacramento  on  first  Monday 
in  August,  and  continues  until  the  second  Monday  in  September. 
(Pol.  Code,  3692.) 

Property  seized  for  State  taxes  may  be  sold  upon  one  week's  notice 
by  publication  or  (if  no  newspaper)  by  posting.     (Stats.  1911,  p.  530.) 

State  board  of  equalization  fixes  ad  valorem  tax  for  State  purposes 
between  first  and  second  Mondays  of  September,  1914.  (Stats.  1913, 
p.  1085.) 

State  board  of  equalization  determines  rate  of  State  tax  between 
first  and  second  Mondays  of  September.     (Pol.  Code,  3696.) 

State  board  of  equalization  transmits  rate  to  County  Auditors  and 
Boards  of  Supervisors  immediately.     (Pol.  Code,  3696.) 

Controller  publishes  notice  of  taxes  within  ten  days  after  second 
Monday  in  October.     (Pol.  Code,  3668.) 

Controller  must  publish  notice  that  taxes  are  payable,  beginning 
within  ten  days  after  receipt  of  the  record  of  assessments  and  continu- 
ing daily  for  two  weeks.     (Stats.  1911,  p.  530.) 

Lien  of  taxes  for  State  purposes  attaches  on  the  first  Monday  in 
March.     (Stats.  1913,  p.  622.) 


182  HILLYER^S  LEGAL   MANUAL. 

Action  for  recovery  of  State  taxes  paid  under  protest  must  be 
brought  not  later  than  the  third  Monday  in  February  next  following. 
(Stats.  1913,  p.  623.) 

Claim  for  credit  for  taxes  paid  upon  erroneous  computation  must  be 
made  in  one  year.     (Stats.  1913,  p.  623.) 

Controller  mails  notices  of  delinquent  State  taxes  within  ten  days 
after  first  Monday  in  February.     (Stats.  1911,  p.  530.) 

Delinquent  corporations  forfeit  charters  and  right  to  do  business  on 
first  Monday  in  March  at  6  P.  M.     (Stats.  1911,  p.  530.) 

Controller  reports  delinquent  corporations  to  Secretary  of  State, 
Secretary  of  State  reports  to  Governor,  and  Governor  issues  proclama- 
tion declaring  forfeiture  forthwith.     (Stats.  1911,  p.  530.) 

Secretary  of  State  publishes  proclamation  and  transmits  certified 
copy  to  County  Clerks  immediately.     (Stats.  1911,  p.  530.) 

Secretary  of  State  transmits  to  County  Clerks  list  of  rehabilitated 
corporations  after  nonpayment  of  franchise  tax  on  the  first  Monday 
in  April.     (Stats.  1911,  p.  530.) 

Controller  may  bring  action  to  recover  delinquent  State  taxes  within 
sixty  days  after  the  first  Monday  in  March.     (Stats.  1911,  p.  530.) 

Delinquent  corporations  not  allowed  to  exercise  powers  after  the 
Saturday  preceding  the  first  Monday  in  March.     (Stats.  1913,  p.  625.) 

Secretary  of  State  notifies  county  clerks  of  corporations  rehabili- 
tated after  nonpayment  of  license  tax,  on  first  day  of  December. 
(Stats.  1913,  p.  513.) 

Auditors  report  value  of  real  estate  belonging  to  banks  to  State 
board  of  equalization  on  second  Monday  in  August.  (Stats.  1911,  p. 
530.) 

State  board  of  equalization  equalizes  assessment  of  real  estate  ow^ned 
by  banks  on  reasonable  notice  to  the  clerk  of  the  Board  of  Supervisors. 
(Stats.  1911,  p.  530.) 

State  board  of  equalization  equalizes  assessment  of  real  estate  be- 
longing to  insurance  companies  upon  reasonable  notice  to  the  clerk 
of  the  Board  of  Supervisors.     (Stats.  1911,  p.  530.) 

Auditor  or  clerk  transmits  to  State  board  of  equalization  duplicate 
of  part  of  assessment-roll  containing  assessment  of  railroad  property 
where  it  is  operated  in  more  than  one  county,  and  public  utility  insur- 
ance and  franchise  assessments  where  property  is  subject  to  taxation 
for  payment  of  bonded  indebtedness,  immediately  after  completion  of 
assessment  and  equalization.     (Stats.  1911,  p.  530.) 

State  board  of  equalization  may  equalize  assessment  of  property 
taxed  for  State  purposes  upon  reasonable  notice  to  the  clerk  of  the 
Board  of  Supervisors  or  City  Clerk.     (Stats.  1911,  p.  530.) 

Controller  settles  with  county  and  city  treasurers  for  moneys  due 
from  State  on  account  of  bonded  indebtedness,  in  October  and  March. 
(Stats.  1911,  p.  530.) 

County  Tax  Collectors  settle  with  State  Controller  and  State  Treas- 
urer between  the  15th  and  30th  of  May,  and  15th  and  30th  of  Decem- 
ber.    (Pol.  Code,  3866.) 

Auditors  report  to  Controller  and  State  Treasurer  between  the  first 
and  tenth  of  May,  and  first  and  tenth  of  December.     (Pol.  Code,  3868.) 


SYNOPSIS  OF  TAX  LAWS — ^COUNTY.  183 

COUNTY  TAXES. 

Surveyor  General  and  Tide  Land  Commissioners  transmit  list  of 
land  sold  to  County  Assessors  on  or  before  first  Monday  in  March. 
(Pol.  Code,  3659.) 

County  Recorder  transmits  abstract  of  mortgages  and  deeds  of  trust, 
etc.,  to  County  Assessor  within  ten  days  after  first  Monday  in  March. 
(Pol.  Code,  3678.) 

Assessor  assesses  between  first  Monday  in  March,  and  first  Monday 
in  July.     (Pol.   Code,   3628.) 

Taxes  are  a  lien  from  first  Monday  in  March.  (Pol.  Code,  3628- 
3717.) 

Property  is  assessed  as  of  the  first  Monday  in  March.  (Pol.  Code, 
3628.) 

Assessor  completes  his  assessment-book  on  or  before  first  Monday  in 
July.     (Pol.  Code,  3652.) 

Boards  of  Supervisors  meet  as  county  boards  of  equalization  on 
first  Monday  of  July.     (Pol.  Code,  3672.) 

Corrected  assessment-roll  must  be  returned  to  the  County  Auditor 
on  or  before  the  first  Monday  in  August.     (Pol.  Code,  3682.) 

Board  of  Supervisors  fix  tax  rate  and  levy  taxes  on  the  third  Mon- 
day in  September.     (Pol.  Code,  3714.) 

County  Auditor  completes  total  valuation  as  soon  as  assessment-book 
is  delivered  to  him  by  the  clerk  of  the  Board  of  Supervisors.  (Pol. 
Code,  3727.) 

Assessors,  District  Attorneys  and  County  Treasurers  make  annual 
settlement  with  Auditor  on  the  first  Monday  of  January.  (Pol.  Code, 
3889.) 

Unsecured  taxes  on  personal  property  and  one-half  taxes  on  real 
property  delinquent  last  Monday  in  November  at  6  P.  M.  (Pol.  Code, 
3668,  3756.) 

Second  half  of  real  property  taxes  is  payable  first  Monday  in  Jan- 
uary.    (Pol.  Code,  3668.) 

Second  half  of  real  property  taxes  is  delinquent  last  Monday  in 
April  at  6  P.  M.     (Pol.  Code,  3668-3756.) 

Assessors  and  Tax  Collectors  may  pay  moneys  to  Treasurer  daily. 
(Pol.  Code,  4101a.) 

Tax  Collector  delivers  delinquent  tax  list  to  Auditor  on  or  before  the 
last  day  of  June.     (Pol.  Code,  3797.) 

Auditor  delivers  delinquent  list  to  Tax  Collector  within  three  days 
thereafter.     (Pol,  Code,  3762.) 

Auditor  transmits  statement  of  property  assessed  and  delinquent 
taxes  to  Controller  within  ten  days  after  final  settlement  with  Tax 
Collector.     (Pol.  Code.  3763.) 

Tax  Collector  publishes  delinquent  tax  list  on  or  before  June  5th. 
(Pol.  Code,  3764.) 

Notice  of  tax  sale  must  be  published  once  a  week  for  three  succes- 
sive weeks.     (Pol.  Code,  3766.) 

Tax  sale  must  not  be  less  than  21  or  more  than  28  days  from  time  of 
first  publication.     (Pol.  Code,  3766.) 

Deed  to  State  is  made  after  five  years.     (Pol.  Code,  3785.) 


184 

Notice  to  holders  of  encumbrances  must  be  mailed  by  Tax  Collector 
at  least  ten  days  before  the  sale  date.     (Pol.  Code,  37'69a.) 

Purchaser  of  property  at  delinquent  tax  sale,  which  has  been  sold 
to  the  State  five  years  previously,  has  thirty  days  in  which  to  make 
redemption.     (Pol.  Code,  3771.) 

When  property  is  to  be  sold  at  public  auction  for  nonpayment  of 
taxes,  the  Tax  Collector  must  mail  copy  of  delinquent  list  to  last  as- 
sessed party  within  five  days  after  first  publication  of  the  list.  (Pol. 
Code,  3771.) 

Tax  Collector  must  transmit  statement  of  property,  sold  to  the 
State,  to  the  Controller  immediately  after  the  sale.     (Pol.  Code,  3772.) 

Property  may  be  redeemed  within  five  days  after  sale  to  the  State 
or  prior  to  resale  by  the  State.     (Pol.  Code,  3780.) 

Tax  Collector  may  seize  and  sell  for  payment  of  unsecured  personal 
propertv  taxes  after  one  week's  notice  by  publication  or  posting. 
(Pol.  Code.  3792.) 

When  State  lands  on  which  full  purchase  price  has  not  been  paid 
are  sold  for  taxes  and  deed  is  filed  with  Surveyor  General,  the  former 
possessor  is  preferred  purchaser  for  six  months.  (Pol.  Code,  3788, 
3788a.) 

When  correction  of  assessment  increases  tax,  person  assessed  is 
entitled  to  five  days'  notice.     (Pol.  Code,  3881.) 

Publication  of  corrected  delinquent  list  must  be  for  same  period  as 
original  publication,  but  not  less  than  one  week.     (Pol.  Code,  3883.) 

Tax  collector  furnishes  Auditor  with  a  printed  list  of  lands  sold  for 
taxes  within  thirty  days  after  sale.     (Pol.  Code,  3801.) 

Suit  to  recover  taxes  paid  under  protest  must  be  brought  within 
six  months  after  payment.     (Pol.  Code,  3819.) 

County  Auditor  prepares  and  transmits  duplicate  statements  to 
Controller  and  State  board  of  equalization  on  second  Monday  in  Au- 
grust.     (Pol.  Code,  3728-3729.) 

Auditor  corrects  assessment-book  as  soon  as  charges  are  received 
from  State  board  of  equalization.     (Pol.  Code,  3730.) 

Auditor  delivers  corrected  assessment-book  to  Tax  Collector  on 
second  Monday  in  October.     (Pol.  Code,  3732.) 

Auditor  prepares  duplicate  statements  and  files  w4th  the  Board  of 
Supervisors  and  Controller  on  the  third  Monday  in  September.  (Pol. 
Code,  3737.) 

Auditor  furnishes  assessor  with  blank  personal  property  receipts 
on  or  before  the  first  Monday  in  March.     (Pol.  Code,  3738.) 

Assessor  returns  unused  personal  property  receipts  to  Auditor  on 
first  Monday  in  Auefust.     (Pol.  Code,  3738.) ' 

Auditor  furnished  report  of  propertv  redeemed  on  or  before  the  hour 
fixed  by  the  Tax  Collector  for  sale  of  property.     (Pol.  Code.  3739.) 

Personal  property  taxes  secured  bv  real  estate  and  one-half  of  real 
property  taxes  are  payable  on  second  Monday  in  October.  (Pol.  Code, 
3746.) 

Tax  Collector  publishes  tax  notice  within  ten  days  after  receipt  of 
assessment-book.     (Pol.  Code.  3746.) 

Supervisors  may  make  t?ixes  payable  in  townships  and  cities  by 
order  made  before  the  first  Monday  in  October.     (Pol.  Code,  3748.) 

Tax  notice  must  be  published  for  two  weeks.     (Pol.  Code,  3749.) 


SYNOPSIS   OF   TAX   LAWS — COUNTY.  185 

Tax  Collector  settles  with  Auditor  for  State  and  county  taxes  on  the 
first  Monday  of  each  month.     (Pol.  Code,  3753.) 

Tax  Collectors  deliver  assessment-book  to  Auditor  on  second  Mon- 
day of  December.     (Pol.  Code,  3758.) 

Auditor  computes  penalties  and  delivers  assessment-book  to  Tax 
Collector  within  ten  days  thereafter.     (Pol.  Code,  3758.) 

Tax  Collectors  deliver  assessment-book  and  delinquent  tax  list  to 
Auditor  on  third  Monday  in  May.     (Pol.  Code,  3759.) 

Assessor  may  collect  unsecured  personal  property  taxes  by  seizure 
and  sale,  from  the  time  of  assessment  to  the  first  Monday  in  August. 
(Pol.  Code,  3821.) 

Tax  Collector  must  mail  notice  of  deficiency  in  personal  property 
tax  collected  by  Assessor,  at  least  fifteen  days  before  commencement 
of  action  for  the  recovery  thereof.     (Pol.  Code,  3825.) 

The  Assessor  must  settle  with  the  Auditor  and  Treasurer  on  the 
first  Monday  of  each  month.     (Pol.  Code,  3826.) 

Auditor  must  state  account  to  the  Assessor  and  make  demand  for 
uncollected  taxes  within  fifteen  days  after  the  first  Monday  of  August. 
(Pol.  Code,  3831.) 

Assessor  must  pay  Treasurer  amount  of  uncollected  taxes  which 
should  have  been  collected  within  fifteen  days  after  demand  by 
Auditor.     (Pol.  Code,  3831.) 

Resale  of  lands  sold  to  the  State  for  taxes  must  be  made  after  notice 
by  publishing  (or  posting  when  there  is  no  newspaper)  for  at  least 
three  successive  weeks.     (Pol.  Code,  3897.) 

Notice  of  such  resale  must  be  mailed  to  party  assessed  last  before  the 
sale,  within  five  days  from  the  first  publication.     (Pol.  Code,  3897.) 

Interest  is  charged  by  the  State  at  seven  per  cent  from  the  first  day 
of  July  following  delinquency.     (Pol.  Code,  3897.) 

Tax  Collectors  must  report  sales  by  the  State  to  Assessor  within 
ten  days  after  the  sale.     (Pol.  Code,  3898.) 

Transfer  to  the  university  of  lands  acquired  by  tax  sales  upon  which 
a  mortgage  exists  in  favor  of  the  regents  thereof  may  be  made  upon 
three  weeks ^  notice  and  not  less  than  four  or  more  than  eight  weeks 
after  first  publishing  or  posting.     (Pol.  Code,  3898a.) 

Tax  Collector  must  execute  deed  to  regents  within  ten  days  after 
date  specified  in  notice.     (Pol.  Code,  3898a.) 

Action  to  question  the  title  of  regents  to  such  property  must  be 
brought  within  two  years.     (Pol.  Code,  3898a.) 

Incorporated  cities  and  towns,  lighting,  water  and  irrigating  dis- 
tricts requiring  it,  must  make  request  for  certified  copy  of  portion  of 
assessment-book  on  or  before  the  first  Monday  in  March.  (Pol.  Code, 
3653.) 

Assessor  must  furnish  certified  copy  of  portion  of  assessment-book 
to  cities,  towns,  lighting,  water  and  irrigation  districts  requesting  it, 
on  or  before  the  third  Monday  in  July.     (Pol.  Code,  3653.) 

Assessor  must  furnish  personal  property  list  to  cities,  towns,  light- 
ing, water  and  irrigation  districts  requesting  it,  on  the  first  Monday 
of  each  month.     (Pol.  Code,  3653.) 

Board  of  supervisors  determines  district  losses  by  withdrawals  from 
local  taxation  of  property  taxed  for  State  purposes  only  in  September 
(Stats.  1911,  p.  530),  and  reimburses  them  for  one-half  of  such  loss  in 
December,  and  one-half  in  May.     (Stats.  1911,  p.  530.) 


186  hillyer's  legal  manual. 

Where  county  officers  act  for  municipal  corporations,  requesting 
ordinance  must  be  filed  with  the  Auditor  on  or  before  the  first  Monday 
in  February.     (Stats.  1913,  p.  441.) 

Where  portions  of  municipal  corporations  have  different  rates  of 
taxation,  trustees  must  file  description  of  boundaries  with  auditor  be- 
fore the  first  Monday  in  July.     (Stats.  1913,  p.  442.) 

Trustees  must  fix  tax  rates  not  later  than  last  Tuesday  in  August. 
(Stats.  1913,  p.  443.) 

POLL  TAX. 
Poll  tax  must  be  collected  by  Assessor  between  the  first  Monday  in 
March  and  the  first  Monday  in  August  at  the  rate  of  $2.00,  and  be- 
tween the  first  Monday  in  August  and  last  Monday  in  December  at 
the  rate  of  $3.00.     (Pol.  Code,  3839,  3840.) 

Treasurer  must  print,  number  and  sign  blank  $2.00  poll  tax  receipts 
and  deliver  to  Auditor  before  the  third  Monday  in  February  and  the 
$3.00  receipts  before  the  first  Monday  in  August.  (Pol.  Code,  3842, 
3843.) 

Auditor  must  deliver  $2.00  receipts  to  Assessor  on  demand  after 
third  Monday  in  February,  and  $3.00  receipts  on  demand  after  first 
Monday  in  August.     (Pol.  Code,  3845.) 

Sale  of  property  for  poll  taxes  may  be  made  after  three  hours'  verbal 
notice.     (Pol.  Code,  3846.) 

Assessor  must  settle  with  Auditor  and  Treasurer  for  poll  tax  on  the 
first  Monday  of  each  month.     (Pol.  Code,  3853.) 

Assessor  must  return  unused  $2.00  poll  tax  receipts  to  Auditor  and 
settle  with  Auditor  and  Treasurer  on  first  Monday  in  August,  and 
return  $3.00  receipts  to  Auditor  and  settle  with  Auditor  and  Treasurer 
on  the  last  Monday  in  December.     (Pol.  Code,  3854.) 

Assessor  delivers  delinquent  poll  tax  to  Auditor  on  first  Monday  in 
January.     (Pol.  Code,  3858.) 

Auditor  delivers  delinquent  poll  tax  list  to  Tax  Collector  without 
delay  after  receiving  it  from  the  Assessor.     (Pol.  Code,  3858.) 

Unpaid  poll  tax  is  a  lien  on  the  first  Monday  in  March.  (Pol.  Code, 
3860.) 

CITY  TAXES. 
Cities  of  the  First  Class: 

Levy— Fourth  Monday  of  July.     (Sec.  94,  M  C.  A.) 
Existing  laws  applicable.     (Sec.  286,  M.  C.  A.) 
Cities  of  Second  Class: 

Levy— First  Monday  of  October.     (Sec.  325,  M.  C.  A.) 
Collected  in  same  manner  as  county  taxes.     (Sec.  325,  M.  C.  A.) 
Cities  of  Third  Class: 

Lien  from  first  Monday  in  March.     (Sec.  533,  M.  C.  A.) 
Method  of  collection  provided  by  local  ordinances.     (Sec.  533,  M. 
C.  A.) 
Cities  of  Fourth  Class: 

Assessment  as  of  January  1.     (Sec.  641,  M.  C.  A.) 

Taxes  equalized  on  first  Monday  in  April.     (Sec.  642,  M.  C.  A.) 

Assessment-roll  delivered  to  City  Council  first  Monday  in  May. 

(Sec.  643,  M.  C.  A.) 
Tax  levied  first  Monday  in  May.     (Sec.  644,  M.  C.  A.) 


SYNOPSIS     TAX   LAWS — CITY    TAXES.  187 

Lien  attaches  first  Monday  in  May.     (Sec.  644,  M.  C.  A.) 

Fiscal  year  begins  January  1st.     (Sec.  645,  M.  C.  A.) 

Tax  list  delivered  to  City  Collector,  third  Monday  of  May.     (Sec. 

645,  M.  C.  A.) 
Taxes  payable,  third  Monday  of  May.     (Sec.  646,  M.  C.  A.) 
Taxes  delinquent,  third  Monday  of  June,   6  P.  M.,   5%   added. 

(Sec.  647,  M.  C.  A.) 
City  Collector  delivers  delinquent  list  to  City  Clerk,  first  Monday 

in  July.     (Sec.  648,  M.  C.  A.) 
City  Clerk  settles  with  Collector  and  delivers  certified  delinquent 

tax  list  to  him  three  days  thereafter.     (Sec.  651,  M.  C.  A.)    ' 
City  Collector  publishes  delinquent  list  on  or  before  third  Monday 

of  July.     (Sec.  651,  M.  C.  A.) 
Tax  sale  takes  place  not  less  than  fourteen  nor  more  than  twenty- 
one  days  from  first  publication  of  delinquent  tax  list.     fSec. 
651,  M.  C.  A.) 
Delinquent  tax  list  published  three  times  a  week  for  two  succes- 
sive weeks.     (Sec.  652,  M.  C.  A.) 
Redemption  within  twelve  months  from  date  of  purchase.     (Sec. 
661,  M.  C.  A.) 
Cities  of  Fifth  Class : 

Procedure  fixed  by  local  ordinance.     (Sec.  773,  M.  C.  A.) 
Lien  attaches  first  Monday  in  March.     (Sec.  773,  M.  C.  A.) 
Redemption  within  five  years.     (Sec.  773,  M.  C.  A.) 
Taxes  equalized  second  Monday  of  August.     (Sec.  774,  M.  C.  A.) 
Cities  of  Sixth  Class: 

Procedure  provided  by  local  ordinance.     (Sec.  871,  M.  C.  A.) 
Lien  attaches  first  Monday  in  March.     (Sec.  871,  M.  C.  A.) 
Redemption  period,  five  years.     (Sec.  871,  M.  C.  A.) 
Taxes  equalized  second  Monday  in  August.     (Sec.  872,  M.  C.  A.) 
Where  County  Officers  Act  for  Municipal  Corporations: 

Certified  copy  of  requesting  ordinance  must  be  filed  with  County 
Auditor  on  or  before  first  Monday  of  February.     (Stats.  1913, 
p.  442.) 
Description  of  boundaries  of  district  must  be  filed  on  or  before 

first  Monday  of  July.     (Stats.  1913,  p.  442.) 
Tax  rate  must  be  fixed  not  later  than  last  Tuesday  of  August. 
(Stats.  1913,  p.  442.) 
Where  County  Officers  Act  for  Freeholders  of  Charter  Cities: 

Copy  of  requesting  ordinance  to  be  filed  with  Board  of  Super- 
visors on  or  before  first  Monday  in  February.     (Stats.  1913, 
p.  500.) 
City  Clerk  to  deliver  to  assessor  statement  of  boundaries  of  ter- 
ritory to  be  assessed  as  soon  as  practicable  after  first  Monday 
in  March.     (Stats.  1913,  p.  501.) 
County  Auditor  transmits  to  City  Council  valuation  of  assessed 
property   on   or  before   second  Monday  in  August.     (Stats. 
1913,  p.  501.) 
City  Clerk  certifies  tax  rate  to  Auditor  not  later  than  September 

1st.     (Stats.  1913,  p.  501.) 
Property  sold  redeemabljc  at  same  time  as  that  sold  for  county 
taxes.     (Stats.  1913,  p.  501.) 


188 


IIILLYER'S  LEGAL   MANUAL. 


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ANTI-TRUST  ACT.  189 

SHERMAN  ANTI-TRUST  ACT.     ' 

(Act  of  July  2,  1890,  26  U.  S.  Stat.  209,  U.  S.  Comp.  Stats.,  p.  3200.) 

The  Sherman  Anti-Trust  Act  is  entitled  ''An  Act  to  Protect  Trade 
and  Commerce  Against  Unlawful  Restraints  and  Monopolies,"  and 
provides  as  follows: 

"§  1.  Trusts,  etc.,  in  the  States  in  Restraint  af  Trade,  etc.,  Il- 
legal— Persons  Combining  Guilty  of  Misdemeanor — Penalty. — Every 
contract,  combination  in  the  form  of  trust  or  otherwise,  or  conspiracy, 
in  restraint  of  trade  or  commerce  among  the  several  States,  or  with  for- 
eign nations,  is  hereby  declared  to  be  illegal.  Every  person  who  shall 
make  any  such  contract  or  engage  in  any  such  combination  or  con- 
spiracy, shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction 
thereof,  shall  be  punished  by  fine  not  exceeding  five  thousand  dollars, 
or  by  imprisonment  not  exceeding  one  year,  or  by  both  said  punish- 
ments, in  the  discretion  of  the  court. 

"§  2.  Persons  Attempting  to  Monopolize,  etc.,  Guilty  of  Misde- 
meanor— Penalty. — Every  person  who  shall  monopolize,  or  attempt 
to  monopolize,  or  combine  or  conspire  with  any  other  person  or  per- 
sons, to  monopolize  any  part  of  the  trade  or  commerce  among  the 
several  States,  or  with  foreign  nations,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof,  shall  be  punished  by  fine 
not  exceeding  five  thousand  dollars,  or  by  imprisonment  not  exceed- 
ing one  year,  or  by  both  said  punishments,  in  the  discretion  of  the 
court. 

"§  3.  Trusts,  etc.,  in  Territories  or  District  of  Columbia  Illegal — 
Persons  Engaged  Therein  Guilty  of  Misdemeanor — Penalty. — Every 
contract,  combination  in  the  form  of  trust  or  otherwise,  or  conspiracy, 
in  restraint  of  trade  or  commerce  in  any  Territory  of  the  United  States 
or  of  the  District  of  Columbia,  or  in  restraint  of  trade  or  commerce 
between  any  such  Territory  and  another,  or  between  any  such  Terri- 
tory or  Territories  and  any  State  or  States  or  with  foreign  nations, 
or  between  the  District  of  Columbia  and  any  State  or  States  or 
foreign  nations,  is  hereby  declared  illegal.  Every  person  who  shall 
make  any  such  contract  or  engage  in  any  such  combination  or  con- 
spiracy, shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction 
thereof,  shall  be  punished  by  fine  not  exceeding  five  thousand  dollars, 
or  by  imprisonment  not  exceeding  one  year,  or  by  both  said  punish- 
ments, in  the  discretion  of  the  court. 

"§  4.  Jurisdiction  of  United  States  Circuit  Courts — Prosecuting 
Officers — Procedure — Hearing,  etc. — Temporary  Restraining  Order, 
etc. — The  several  circuit  courts  of  the  United  States  are  hereby  in- 
vested with  jurisdiction  to  prevent  and  restrain  violations  of  this 
act;  and  it  shall  be  the  duty  of  the  several  district  attorneys  of  the 
United  States,  in  their  respective  districts,  under  the  direction  of  the 
Attorney  General,  to  institute  proceedings  in  equity  to  prevent  and 
restrain  such  violations.  Such  proceedings  may  be  by  way  of  peti- 
tion setting  forth  the  case  and  praying  that  such  violation  shall  be 
enjoined  or  otherwise  prohibited.     When  the   parties  complamed   of 


190  HILLYER^S  LEGAL   MANUAL. 

shall  have  been  duly  notified  of  such  petition  the  court  shall  proceed, 
as  soon  as  may  be  to  the  hearing  and  determination  of  the  case ;  and 
pending  such  petition  and  before  final  decree,  the  court  may  at  any 
time  make  such  temporary  restraining  order  or  prohibition  as  shall 
be  deemed  just  in  the  premises. 

**§  5.  Process  —  Summoning  Other  Parties  —  Subpoenas.— When- 
ever it  shall  appear  to  the  court  before  which  any  proceeding  under 
section  4  of  the  act  may  be  pending,  that  the  ends  of  justice  require 
that  other  parties  should  be  brought  before  the  court,  the  court  may 
cause  them  to  be  summoned,  whether  they  reside  in  the  district  -in 
which  the  court  is  held  or  not;  and  subpoenas  to  that  end  may  be 
served  in  any  district  by  the  marshal  thereof. 

''§  6.  Trusts,  etc.,  Property  in  Transit — Forfeiture,  Seizure  and 
Condemnation. — Any  property  owned  under  any  contract  or  by  any 
combination,  or  pursuant  to  any  conspiracy  (and  being  the  subject 
thereof)  mentioned  in  section  1  of  this  act,  and  being  in  the  course 
of  transportation  from  one  State  to  another,  or  to  a  foreign  country, 
shall  be  forfeited  to  the  United  States,  and  may  be  seized  and  con- 
demned by  like  proceedings  as  those  provided  by  law  for  the  for- 
feiture, seizure,  and  condemnation  of  property  imported  into  the 
United  States  contrary  to  law. 

''§7.  Damages — Litigation — Recovery. — Any  person  who  shall  be 
injured  in  his  business  or  property  by  any  other  person  or  corporation 
by  reason  of  anything  forbidden  or  declared  to  be  unlawful  by  this 
act  may  sue  therefor  in  an}-  Circuit  Court  of  the  United  States  in  the 
district  in  which  the  defendant  resides  or  is  found,  without  respect 
to  the  amount  in  controversy,  and  shall  recover  threefold  the  damages 
by  him  sustained,  and  the  costs  of  suit,  including  a  reasonable  attor- 
ney's fee. 

''§8.  'Person'  or  'Persons'  Defined. — That  the  word  'person,'  or 
'persons,'  wherever  used  in  this  act  shall  be  deemed  to  include  cor- 
porations and  associations  existing  under  or  authorized  by  the  laws 
of  either  the  United  States,  or  the  laws  of  any  of  the  Territories,  the 
laws  of  any  State,  or  the  laws  of  any  foreign  country." 


CARTWRIGHT  ACT. 

(Approved  March  23,  1907.     Stats.  1907,  p.  984.) 

Title. — An  act  to  define  trust  and  to  provide  for  criminal  penalties 
and  civil  damages,  and  punishment  of  corporations,  persons,  firms, 
and  associations,  or  persons  connected  with  them,  and  to  promote  free 
competition  in  commerce  and  all  classes  of  business  in  this  State. 

§  1.  A  Trust  Defined — Exception. — A  trust  is  a  combination  of 
capital,  skill  or  acts  by  two  or  more  persons,  firms,  partnerships,  cor- 
porations or  associations  of  persons,  or  of  any  two  or  more  of  them 
for  either,  any  or  all  of  the  following  purposes: 

1.  To  create  or  carry  out  restrictions  in  trade  or  commerce. 

2.  To  limit  or  reduce  the  production,  or  increase  the  price  of  mer- 
chandise or  of  any  commodity. 


SHERMAN  ACT CARTWRIGHT  ACT.  191 

3.  To  prevent  competition  in  manufacturing,  making,  transporta- 
tion, sale  or  purchase  of  merchandise,  produce  or  any  commodity. 

4.  To  fix  at  any  standard  or  figure,  whereby  its  price  to  the  public 
or  consumer  shall  be  in  any  manner  controlled  or  established,  any  arti- 
cle or  commodity  of  merchandise,  produce  or  commerce  intended  for 
sale,  barter,  use  or  consumption  in  this  State. 

5.  To  make  or  enter  into  or  execute  or  carry  out  any  contracts, 
obligations  or  agreements  of  any  kind  or  description,  by  which  they 
shall  bind  or  have  bound  themselves  not  to  sell,  dispose  of  or  transport 
any  article  or  any  commodity  or  any  article  of  trade,  use,  merchandise, 
commerce  or  consumption  below  a  common  standard  figure,  or  .fixed 
value,  or  by  which  they  shall  agree  in  any  manner  to  keep  the  price 
of  such  article,  commodity  or  transportation  at  a  fixed  or  graduated 
figure,  or  by  which  they  shall  in  any  manner  establish  or  settle  the  price 
of  any  article,  commodity  or  transportation  between  them  or  them- 
selves and  others,  so  as  to  directly  or  indirectly  preclude  a  free  and  un- 
restricted competition  among  themselves,  or  any  purchasers  or  con- 
sumers in  the  sale  or  transportation  of  any  such  article  or  commodity, 
or  by  which  they  shall  agree  to  pool,  combine  or  directly  or  indirectly 
unite  any  interests  that  they  may  have  connected  with  the  sale  or  trans- 
portation of  any  such  article  or  commodity,  that  its  price  might  in  any 
manner  be  affected.  Every  such  trust  as  is  defined  herein  is  declared 
to  be  unlawful,  against  public  policy  and  void,  provided  that  no  agree- 
ment, combination  or  association  shall  be  deemed  to  be  unlawful  or 
within  the  provisions  of  this  act,  the  object  and  business  of  which  are 
to  conduct  its  operations  at  a  reasonable  profit  or  to  market  at  a  rea- 
sonable profit  those  products  which  cannot  otherwise  be  so  marketed, 
provided  further,  that  it  shall  not  be  deemed  to  be  unlawful,  or  within 
the  provisions  of  this  act,  for  persons,  firms,  or  corporations,  engaged 
in  the  business  of  selling  or  manufacturing  commodities  of  a  similar 
or  like  character,  to  employ,  form,  organize  or  own  any  interest  in  any 
association,  firm  or  corporati(m,  having  as  its  object  or  purpose  the 
transportation,  marketing  or  delivery  of  such  commodities.  [Amend- 
ment approved  March  20,  1909.  Stats.  1909,  p.  593.  In  effect  imme- 
diately. ] 

§  2.  Violation  of  Act. — ^For  a  violation  of  any  of  the  provisions  of 
this  act  by  any  corporation  or  association  mentioned  herein,  it  shall 
be  the  duty  of  the  Attorney  General  or  the  district  attorney  of  the 
proper  county,  to  institute  proper  suits  or  quo  warranto  proceedings 
in  any  court  of  competent  jurisdiction  for  the  forfeiture  of  its  charter 
rights,  franchises  or  privileges  and  powders  exercised  by  such  corpora- 
tion or  association,  and  for  the  dissolution  of  the  same  under  the  gen- 
eral statutes  of  the  State. 

§  21/0.  Agreements  Permitted. — It  shall  be  lawful  to  enter  into 
agreements  or  form  associations  or  combinations,  the  purpose  and  effect 
of  which  shall  be  to  promote,  encourage  or  increase  competition  in  any 
trade  or  industry,  or  which  are  in  furtherance  of  trade.  [New  section 
approved  March' 20,  1909.     Stats.  1909,  p.  594.     In  effect  immediately.] 

§  3.  Foreign  Gorporations  Amenable  — Duty  of  Secretary  of  State. 
Every  foreign  corporation,  as  well  as  every  foreign  association,  exer- 
cising dJiy  of  the  powers,  franchises  or  functions  of  a  corporation  in 


192  hillyer's  legal  manual. 

this  State,  violating  any  of  the  provisions  of  this  act,  is  hereby  denied 
the  right  and  prohibited  from  doing  any  business  in  this  State,  and 
it  shall  be  the  duty  of  the  Attorney  General  to  enforce  this  provision 
by  bringing  proper  proceedings  by  injunction  or  otherwise.  The 
Secretary  of  State  shall  be  authorized  to  revoke  the  license  of  any 
such  corporation  or  association  heretofore  authorized  by  him  to  do 
business  in  this  State. 

§  4.  Penalty  for  Violation  of  Act. — Any  violation  of  either  or  all 
of  the  provisions  of  this  act  shall  be  and  is  hereby  declared  a  con- 
spiracy against  trade,  and  any  person  who  maj^  become  engaged  in 
any  such  conspiracy  or  take  part  therein,  or  aid  or  advise  in  its  com- 
mission, or  who  shall  as  principal,  manager,  director,  agent,  servant 
or  employee,  or  in  any  other  capacity,  knowingly  carry  out  any  of  the 
stipulations,  purposes,  prices,  rates,  or  furnish  any  information  to 
assist  in  carrying  out  such  purposes,  or  orders  thereunder  or  in 
pursuance  thereof,  shall  be  punished  by  a  fine  of  not  less  than  fifty 
($50)  dollars  nor  more  than  five  thousand  ($5,000)  dollars,  or  be  im- 
prisoned not  less  than  six  months  nor  more  than  one  year,  or  by  both 
such  fine  and  imprisonment.  Each  day's  violation  of  this  provision 
shall  constitute  a  separate  offense. 

§  5.  What  Indictment  Must  Set  Out. — In  any  indictment,  informa- 
tion or  complaint  for  any  offense  named  in  this  act,  it  is  sufficient  to 
state  the  purpose  or  effects  of  the  trust  or  combination,  and  that  the 
accused  is  a  member  of,  acted  with  or  in  pursuance  of  it,  or  aided  or 
assisted  in  carrying  out  its  purposes,  without  giving  its  name  or  de- 
scription, or  how,  when  and  where  it  was  created. 

§  6.  Prosecutions,  What  to  Prove — Books  and  Papers  must  be  Pro- 
duced When  Ordered. — In  prosecutions  under  this  act,  it  shall  be 
sufficient  to  prove  that  a  trust  or  combination,  as  defined  herein,  ex- 
ists, and  that  the  defendant  belonged  to  it,  or  acted  for  or  in  connec- 
tion with  it,  without  proving  all  the  members  belonged  to  it,  or 
proving  or  producing  any  article  of  agreement,  or  any  written  instru- 
ment on  which  it  may  have  been  based;  or  that  it  was  evidenced  by 
any  written  instrument  at  all.  The  character  of  the  trust  or  combina- 
tion alleged  may  be  established  by  proof  of  its  general  reputation  as 
such.  In  case  any  court  of  record,  or  in  vacation  any  judge  of  said 
court  in  which  is  pending  any  civil,  criminal  or  other  action  or  pro- 
ceeding brought  or  prosecuted  by  the  Attorney  General  or  any  district 
attorney  for  the  violation  of  any  of  the  provisions  of  this  act  or  in 
any  action  or  proceeding  for  the  violation  of  the  law  of  this  State, 
against  conspiracy  or  combination  in  restraint  of  trade  so  orders,  no 
person  so  ordered  shall  be  excused  from  attending,  testifying  or  pro- 
ducing books,  papers,  schedules,  contracts,  agreements  or  any  other 
document  in  obedience  to  the  subpoena  or  under  the  order  of  such 
court  or  any  commissioner  or  referee  appointed  by  said  court  to  take 
testimony  or  any  notary  public  or  other  person  or  officer  authorized 
by  the  laws  of  this  State  to  take  depositions  when  the  order  made  by 
such  court  or  judge  thereof  includes  a  witness  whose  deposition  is 
being  taken  before  such  notary  public  or  other  officer  on  the  ground 
or  for  the  reason  that  the  testimony  or  evidence  required  of  him  may 
tend  to  criminate  him  or  subject  him  to  any  penalty ;  but  no  individual 


CARTWRIGHT   ACT.  193 

shall  be  prosecuted  or  subjected  to  any  penalty  for  or  on  account  of 
any  transaction,  matter  or  thing  concerning  which  he  may  so  testify  or 
produce  evidence,  documentary  or  otherwise,  before  any  such  court, 
person  or  officer. 

§  7.  Penalty,  After  Notice  by  Attorney  General. — Each  and  every 
firm,  person,  partnership,  corporation,  or  association  of  persons,  who 
shall  in  any  manner  violate  any  of  the  provisions  of  this  act,  shall  be 
for  each  and  every  day  that  such  violations  shall  be  committed  or 
continued,  after  due  notice  given  by  the  Attorney  General  or  any 
district  attorney,  forfeit  and  pay  the  sum  of  fifty  ($50)  dollars,  which 
may  be  recovered  in  the  name  of  the  people  of  the  State  of  California, 
in  any  county  where  the  offense  is  committed,  or  where  either  of  the 
offenders  resides;  and  it  shall  be  the  duty  of  the  Attorney  General,  or 
the  district  attorney  of  any  county  on  the  order  of  the  Attorney  Gen- 
eral to  prosecute  for  the  recovery  of  the  same.  When  the  action  is 
prosecuted  by  the  Attorney  General  against  a  corporation  or  associa- 
tion of  persons,  he  may  begin  the  action  in  the  Supreme  Court  of  the 
county  in  which  defendant  resides  or  does  business. 

§  8.  Contracts  in  Violation  of  Act  Void. — That  any  contract  or 
agreement  in  violation  of  the  provisions  of  this  act,  shall  be  absolutely 
void  and  shall  not  be  enforceable  either  in  law  or  equity. 

§  9.  Provisions  Cumulative. — That  the  provisions  hereof  shall  be 
held  cumulative  of  each  other  and  of  all  other  laws  in  any  way  affect- 
ing them  now  in  force  in  this  State. 

§  10.  Trust  Certificates  not  Lawful. — It  shall  not  be  lawful  for 
any  person,  partnership,  association  or  corporation,  or  any  agent 
thereof,  to  issue  or  to  own  trust  certificates,  or  for  any  person,  part- 
nership, association  or  corporation,  agent,  officer,  or  employee,  or  the 
directors  or  stockholders  of  any  corporation,  to  enter  into  any  com- 
bination, contract  or  agreement  with  any  person  or  persons,  corpora- 
tion, or  corporations,  or  with  any  stockholder  or  director  thereof, 
the  purpose  and  effect  of  which  combination,  contract  or  agreement 
shall  be  to  place  the  management  or  control  of  such  combination  or 
combinations,  or  the  manufactured  product  thereof,  in  the  hands  of 
any  trustee  or  trustees  with  the  intent  to  limit  or  fix  the  price  or  les- 
sen the  production  and  sale  of  any  article  of  commerce,  use  or  con- 
sumption, or  to  prevent,  restrict  or  diminish  the  manufacture  or  out- 
put of  any  such  article,  and  any  person,  partnership,  association  or 
corporation  that  shall  enter  into  any  such  combination,  contract  or 
agreement  for  the  purpose  aforesaid  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof  shall  be  punished  by  a  fine  not 
less  than  fifty  dollars,  nor  more  than  five  thousand  dollars. 

§  11.  Persons  Injured  in  Business  by  Trust  may  Sue. — In  addi- 
tion to  the  criminal  and  civil  penalties  herein  provided,  any  person 
who  shall  be  injured  in  his  business  or  property  by  any  other  person 
or  corporation  or  association  or  partnership,  by  reason  of  anything 
forbidden  or  declared  to  be  unlawful  by  this  act,  may  sue  therefor 
in  any  court  having  jurisdiction  thereof  in  the  county  where  the  de- 
fendant resides  or  is  found,  or  any  agent  resides  or  is  found,  or 
13 


194  hillyer's  legal  manual. 

where  service  may  be  obtained,  without  respect  to  the  amount  in  con- 
troversy, and  to  recover  twofold  the  damages  by  him  sustained,  and 
the  costs  of  suit.  Whenever  it  shall  appear  to  the  court  before  which 
any  proceedings  under  this  act  may  be  pending,  that  the  ends  of 
justice  require  that  other  parties  shall  be  brought  before  the  court, 
the  court  may  cause  them  to  be  made  parties  defendant  and  summoned, 
whether  they  reside  in  the  county  where  such  action  is  pending,  or  not. 

§  12.  ''Person"  Defined. — The  word  ''person"  or  "persons"  when- 
ever used  in  this  act,  shall  be  deemed  to  include  corporations,  partner- 
ships and  associations  existing  under  or  authorized  by  the  laws  of  this 
State  or  any  other  State,  or  any  foreign  country. 

§  13.  Labor  not  a  Commodity. — Labor  whether  skilled  or  unskilled 
is  not  a  commodity  within  the  meaning  of  this  act.  [New  section  ap- 
proved March  20,  1909.     Stats.  1909,  p.  594.     In  effect  immediately.] 


UNFAIR  COMPETITION  ACT. 

(Act  of  June  10,  1913.     In  effect  August  10,  1913.) 

§  1.  Unlawful  to  Discriminate  Between  Different  Sections  in  Sale 
of  Commodities. — It  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration, doing  business  in  the  State  of  California  and  engaged  in  the 
production,  manufacture,  distribution  or  sale  of  any  commodity  of 
general  use  or  consumption,  or  the  product  or  service  of  any  public 
utility,  with  the  intent  to  destroy  the  competition  of  any  regular 
established  dealer  in  such  commodity,  product  or  service,  or  to  pre- 
vent the  competition  of  any  person,  firm,  private  corporation,  or 
municipal  or  other  public  corporation,  who  or  which,  in  good  faith, 
intends  and  attempts  to  become  such  dealer,  to  discriminate  between 
different  sections,  communities  or  cities  or  portions  thereof  of  this 
State,  by  selling  or  furnishing  such  commodity,  product  or  service  at 
a  lower  rate  in  one  section,  community  or  city,  or  any  portion  thereof, 
than  in  another,  after  making  allowance  for  difference,  if  any,  in  the 
grade,  quality  or  quantity,  and  for  cost  differences  between  such 
places  due  to  distance  from  the  point  of  production,  manufacture  or 
distribution  and  expense  of  distribution  and  operation. 

Act  Does  not  Prevent  Competitive  Rate. — ^This  act  is  not  intended 
to  prohibit  the  meeting  in  good  faith  of  a  competitive  rate,  or  to 
prevent  a  reasonable  classification  of  service  by  public  utilities  for 
the  purpose  of  establishing  rates.  The  inhibition  hereof  against  lo- 
cality discrimination  shall  embrace  any  scheme  of  special  rebates,  col- 
lateral contracts  or  any  device  of  any  nature  whereby  such  discrimi- 
nation is,  in  substance  or  fact,  effected  in  violation  of  the  spirit  and 
intent  of  this  act. 

Officers  Responsible. — Any  person,  who,  either  as  director,  officer 
or  agent  of  any  firm  or  corporation  or  as  agent  of  any  person,  violat- 
ing the  provisions  hereof,  assists  or  aids,  directly  or  indirectly,  in 
such  violation  shall  be  responsible  therefor  equally  with  the  person, 
firm  or  corporation  for  whom  or  which  he  acts.  In  the  prosecution 
of  any  person  as  officer,  director  or  agent  it  shall  be  sufficient  to  allege 


CART  WRIGHT   ACT — UNFAIR   COMPETITION   ACT.  195 

and  prove  the  unlawful  intent  of  the  person,  firm  or  corporation  for 
whom  or  which  he  acts. 

§  2.  Duty  of  Attorney  General  to  Prosecute. — If  complaint  shall 
be  made  to  the  Attorney  General  that  any  corporation  is  violating 
section  1  of  this  act,  he  shall  investigate  such  complaint  and  if,  in 
his  opinion,  sufficient  grounds  exist  therefor,  he  shall  prosecute  an 
action  in  the  name  of  the  people  of  the  State  of  California  in  the 
proper  court  to  annul  the  charter  or  revoke  the  license  of  such  cor- 
poration to  do  business  in  this  State,  as  the  case  may  be,  and  to  perma- 
nently enjoin  such  corporation  from  doing  business  in  this  State;  and 
if  in  such  action  the  court  shall  find  that  such  corporation  is  violating 
this  act,  it  may  enjoin  said  corporation  from  doing  business  in  this 
State  for  such  time  as  the  court  shall  order,  or  may  annul  the  charter, 
or  revoke  the  license  of  such  corporation,  and  permanently  enjoin  it 
from  transacting  business  in  the  State. 

§  3.  Illegal  Contract  Defined. — Any  contract,  express  or  implied, 
made  by  any  person,  firm  or  corporation  in  violation  of  the  provisions 
of  section  1  of  this  act  for  the  sale  or  furnishing  of  any  commodity, 
product  or  service  at  a  rate  greater  than  the  lowest  rate  charged 
therefor  by  such  person,  firm  or  corporation  in  any  other  section,  com- 
munity or  city  in  this  State,  after  making  allowance  for  the  cost 
differences  between  such  place  and  the  place  where  under  the  con- 
tract such  commodity,  product  or  service  is  delivered  or  furnished  and 
for  difference,  if  any,  in  grade,  quality  or  quantity,  is  declared  to  be 
an  illegal  contract,  and  no  recovery  thereon  shall  be  had. 

§  4.  Person  Injured  may  Maintain  Action. — Any  person,  firm, 
private  corporation  or  municipal  or  other  public  corporation,  may 
maintain  an  action  to  enjoin  a  continuance  of  any  act  or  acts  in 
violation  of  section  1  of  this  act  and,  if  injured  thereby,  for  the  re- 
covery of  damages.  If,  in  such  action,  the  court  shall  find  that  the 
defendant  is  violating  section  1  of  this  act,  it  shall  enjoin  the  de- 
fendant from  a  continuance  thereof;  it  shall  not  be  necessary  that 
actual  damage  to  the  plaintiff  be  alleged  or  proved.  In  addition  to 
such  injunctive  relief,  the  plaintiff  in  said  action  shall  be  entitled  to 
recover  from  the  defendant  three  times  the  amount  of  the  actual  dam- 
ages, if  any,  sustained. 

i§  5.  Penalty. — Any  person,  whether  as  principal,  agent,  officer  or 
director,  for  himself  or  for  another  person,  or  for  any  firm  or  cor- 
poration, or  any  corporation,  who  or  which  shall  violate  section  1  of 
this  act,  is  guilty  of  a  misdemeanor  and  upon  conviction  thereof,  shall, 
if  a  person,  be  punished  by  a  fine  of  not  exceeding  one  thousand  dol- 
larSj  or  by  imprisonment  in  a  county  jail  not  exceeding  one  year,  or 
by  both  such  fine  and  imprisonment,  and,  if  a  corporation,  by  a  fine 
of  not  more  than  five  thousand  dollars. 

§  6.  Constitutionality  of  Act. — If  any  section,  sentence,  clause  or 
phrase  of  this  act  is  for  any  reason  held  to  be  unconstitutional,  such 
decision  shall  not  affect  the  validity  of  the  remaining  portions  of  the 
act.  The  legislature  hereby  declares  that  it  would  have  passed  this 
act,  and  each  section,  sentence,  clause  or  phrase  thereof,  irrespective 
of  the  fact  that  any  one  or  more  other  sections,  sentences,  clauses  or 


196 

phrases  be  declared  unconstitutional.  The  remedies  herein  prescribed 
are  cumulative  and  in  addition  to  the  remedies  prescribed  by  the 
public  utilities  act  for  discriminations  by  public  utilities.  If  any  con- 
flict shall  arise  between  this  act  and  the  public  utilities  act,  the  latter 
shall  prevail. 

§  7.  Purpose  of  Act. — The  legislature  declares  that  the  purpose  of 
this  act  is  to  safeguard  the  public  against  the  creation  or  perpetua- 
tion of  monopolies  and  to  foster  and  encourage  competition,  by  pro- 
hibiting unfair  and  discriminatory  practices  by  which  fair  and  honest 
competition  is  destroyed  or  prevented.  The  act  shall  be  liberally 
construed  that  its  beneficial  purposes  may  be  subserved. 

BANK  ACT  OF  CALIFORNIA. 

ARTICLE  1. 
General  Provisions. 

§  1.  Short  Title. — This  act  shall  be  known  as  the  ''bank  act,''  and 
shall  be  applicable  to  all  corporations  specified  in  the  next  section. 

§  2.  ''Bank"  Defined.— The  word  "bank"  as  used  in  this  act  shall 
be  construed  to  mean  any  incorporated  banking  institution  which 
shall  have  been  incorporated  to  conduct  the  business  of  receiving 
money  on  deposit,  or  transacting  a  trust  business  as  herein  defined. 

Doing  a  Commercial  or  Savings  Bank  Business  Defined. — The  so- 
liciting, receiving  or  accepting  of  money  or  its  equivalent  on  deposit 
as  a  regular  business  shall  be  deemed  to  be  doing  a  commercial  or 
savings  bank  business  whether  such  deposit  is  made  subject  to  check 
or  is  evidenced  by  a  certificate  of  deposit,  a  pass-book,  a  note,  a  receipt 
or  other  writing;  provided,  that  nothing  herein  shall  apply  to  or 
include  money  or  its  equivalent  left  in  escrow  or  left  with  an  agent, 
pending  investment  in  real  estate  or  securities  for  or  on  account  of 
his  principal. 

.  Unlawful  to  Engage  in  Banking  Business  Except  by  Corporation. — 
It  shall  be  unlawful  for  any  corporation,  partnership,  firm  or  in- 
dividual to  engage  in  or  transact  a  banking  business  within  this  State 
except  by  means  of  a  corporation  duly  organized  for  such  purpose. 

Cla-sses. — ^Banks  are  divided  into  the  following  classes: 

(a)  Savings  banks ; 

(b)  Commercial  banks;  and 

(c)  Trust  companies. 

§  3.  Formation  of  Banking  Corporations. — Corporations  may  be 
formed  by  any  number  of  natural  persons,  not  less  in  any  case  than 
three,  under  the  laws  of  this  State  to  conduct,  as  provided  in  this 
act,  and  not  otherwise,  any  one  or  more  or  all  of  the  businesses  men- 
tioned in  divisions  (a),  (b),  and  (c)  of  section  2,  of  this  act. 

§  4.  "Savings  Bank"  Defined. — The  term  "savings  bank,"  when 
used  in  this  act,  means  a  bank  organized  for  the  purpose  of  accumu- 
lating and  loaning  the  funds  of  its  members,  stockholders,  and  de- 
positors, and  which  may  loan  and  invest  the  funds  thereof,  receive 


CALIFORNIA  BANK  ACT.  197 

deposits  of  money;  loan,  invest  and  collect  the  same  with  interest; 
and  may  repay  depositors  with  or  without  interest,  and  having  power 
to  invest  said  funds  in  such  property,  securities  and  obligations  as 
may  be  prescribed  by  this  act;  and  to  declare  and  pay  dividends  on 
its  general  deposits,  and  a  stipulated  rate  of  interest  on  deposits  made 
for  a  stated  period  or  upon  special  terms. 

§  5.  ''Commercial  Bank"  Defined. — The  term  ''commercial  bank," 
when  used  in  this  act,  means  any  bank  authorized  by  law  to  receive 
deposits  of  money,  deal  in  commercial  paper  or  to  make  loans  thereon, 
and  to  lend  money  on  real  or  personal  property,  and  to  discount  bills, 
notes,  or  other  commercial  paper,  and  to  buy  and  sell  securities,  gold 
and  silver  bullion,  or  foreign  coins  or  bills  of  exchange. 

§  6.  "Trust  Company"  Defined.— The  term  "trust  company," 
when  used  in  this  act,  means  any  corporation  which  is  incorporated 
under  the  laws  of  this  State  for  the  purpose  of  conducting  the  busi- 
ness of  acting  as  executor,  administrator,  guardian  of  estates,  assignee, 
receiver,  depositary  or  trustee  under  appointment  of  any  court  or  by 
authority  of  any  law  of  this  State,  or  as  trustee  for  any  purpose  per- 
mitted by  law. 

§  7.  Assigned  Capital  of  Foreign  Banking  Corporation.— No  for- 
eign corporation  shall  transact  a  banking  business  in  this  State  with- 
out first  complying  with  all  the  requirements  of  the  laws  of  this  State 
relative  to  banks  as  defined  in  this  act,  and  without  having  assigned 
to  its  business  in  this  State  the  amount  of  paid-up  capital  and  surplus 
required  by  this  act  for  the  transaction  of  such  business  within  this 
State.  No  foreign  banking  corporation  shall  transact  business  in  this 
State  until  such  corporation  has  made  the  assignment  of  capital  re- 
quired by  this  section  and  has  received  a  certificate  from  the  super- 
intendent of  banks.  Any  foreign  banking  corporation  transacting 
business  in  this  State  shall  become  subject  to  the  supervision  of  the 
State  superintendent  of  banks.  Every  foreign  banking  corporation, 
including  those  which  were  on  January  second,  nineteen  hundred 
thirteen,  transacting  business  in  this  State,  which  receives  any  de- 
posits or  transacts  any  other  banking  business  or  transacts  its  busi- 
ness in  such  a  manner  as  might  lead  the  public  to  believe  that  its 
business  is  that  of  a  bank  shall  conduct  all  its  business  in  accordance 
with  the  statutes  governing  incorporated  banking  institutions  organ- 
ized under  the  laws  of  this  State. 

Capital  Assigned  to  be  Kept  Separate.— The  capital  of  any  such 
foreign  banking  corporation  assigned  to  its  business  in  this  State  and 
all  funds  and  deposits  of  money  received  by  any  such  corporation  in 
this  State  or  for  or  in  connection  with  its  business  in  this  State  and 
all  accounts  and  transactions  of  said  business  transacted  by  any  such 
foreign  corporation  in  this  State  shall  be  kept  separate  and'  apart 
from  the  general  business,  assets  and  accounts  of  such  foreign  cor- 
poration in  the  same  manner  as  if  the  business  of  such  foreign  cor- 
poration conducted  within  this  State  was  that  of  a  separate  and  in- 
dependent corporation  organized  under  the  laws  of  this  State  for  the 
purpose  of  doing  a  banking  business  and  all  of  the  provisions  of  this 
act  affecting  investments,  loans  of  money,  receiving  deposits  and  con- 


198 

ducting  business  in  any  respect  shall  be  deemed  to  apply  to  Such 
assigned  capital,  investments,  loans,  deposits,  assets,  funds  and  busi- 
ness in  the  same  manner  as  if  such  assigned  capital,  investments, 
loans,  deposits,  assets,  funds  and  business  were  that  of  such  separate 
and  independent  corporation. 

Loans  Based  on  Entire  Capital  and  Surplus. — Provided,  that  loans 
may  be  made  by  any  such  foreign  corporation  based  on  its  entire 
paid-up  capital  and  surplus  in  case  such  foreign  corporation  shall 
have  assigned  to  its  business  in  this  State  a  paid-up  capital  and  sur- 
plus as  above  provided  equal  to  twenty  per  centum  of  the  deposit 
liability  of  such  branch  agency  or  office  to  residents  of  this  State. 

Funds  Appropriated  to  Security  of  Deposits. — Such  funds  and  in- 
vestments or  loans  thereof  shall  be  appropriated  solely  to  the  security 
and  payment  of  such  deposits,  and  shall  not  be  mingled  with  the  in- 
vestments of  the  capital  stock  or  other  money  or  property  belonging 
to  such  corporation  or  be  liable  for  the. debts  or  obligations  thereof. 
All  income  received  from  the  investment  of  said  funds  over  and  above 
such  funds  as  may  be  paid  to  depositors  as  interest  or  shall  be  car- 
ried to  the  surplus  fund,  as  provided  in  section  21  of  this  act,  shall 
accrue  as  profits  to  the  corporation  and  may  be  transferred  to  its 
general  funds. 

Appointment  of  Superintendent  of  Banks  as  Agent  for  Service  of 
Process. — No  such  foreign  corporation  shall  transact  any  banking 
business  in  this  State  until  it  has  executed  and  filed  with  the  super- 
intendent of  banks  a  written  instrument  appointing  such  superintend- 
ent or  his  successor  in  office,  its  true  and  lawful  attorney,  upon  whom 
all  process  issued  by  authority  of  or  under  any  law  of  this  State  may 
be  served,  with  the  same  effect  as  if  such  corporation  was  formed 
under  the  laws  of  this  State  and  had  been  lawfully  served  with  pro- 
cess therein. 

Duty  of  Superintendent  on  Service  of  Process — Fee. — Such  service 
upon  such  attorney  shall  be  deemed  personal  service  on  such  corpora- 
tion. The  superintendent  of  banks  shall  forthwith  forward  by  mail, 
postage  prepaid,  a  copy  of  every  process  served  upon  him  under  the 
provisions  of  this  section,  addressed  to  the  manager  or  agent  of  such 
corporation,  at  its  principal  place  of  business  in  this  State.  For  each 
copy  of  process,  the  superintendent  of  banks  shall  collect  the  sum  of 
two  dollars,  which  shall  be  paid  by  the  plaintiff  or  moving  party  at 
the  time  of  the  service,  to  be  recovered  by  him  as  a  part  of  his  tax- 
able costs  if  he  succeed  in  the  suit  or  proceeding. 

Trust  Powers  Forbidden — Foreign  Trust  Companies  may  Act  as 
Executors,  etc. — No  foreign  corporation  shall  have  or  exercise  in  this 
State  the  power  to  receive  deposits  of  trust  moneys,  securities  or  other 
personal  property  from  any  person  or  corporation  or  any  of  the  powers 
specified  in  section  6  of  this  act,  nor  have  or  maintain  an  office  in 
this  State  for  the  transaction  of,  or  transact,  directly  or  indirectly, 
any  such  or  similar  business,  except  that  a  trust  company  incorporated 
in  another  State  may  be  appointed  and  may  accept  appointment  and 
may  act  in  this  State  as  executor  of  or  trustee  under  the  last  will  and 
testament  of  any  deceased  person,  upon  giving  the  bond  required  in 


CALIFORNIA  BANK  ACT.  199 

such  cases  of  individuals  unless  waived  by  the  last  will  and  testament 
making  such  appointment  and  by  taking  and  subscribing  an  oath  for 
faithful  performance  of  such  trust  by  the  president,  vice-president, 
secretary,  manager  or  trust  officer  of  said  corporation;  provided,  that 
similar  corporations  organized  under  the  laws  of  this  State  are  per- 
mitted by  law  to  act  as  such  executor  or  trustee  in  the  State  where 
such  foreign  corporation  was  organized;  and 

Superintendent  Shall  be  Attorney  of  Foreign  Corporation — Executor. 
Provided,  further,  that  such  superintendent  of  banks,  for  the  time 
being,  shall  be  the  attorney  of  such  foreign  corporation  qualifying  or 
acting  in  this  State  as  such  executor  or  trustee,  upon  whom  process 
against  such  foreign  corporation  may  be  served  in  any  action  or  legal 
proceeding  against  such  executor  or  trustee  affecting  or  relating  to 
the  estate  or  property  represented  or  held  by  such  executor  or  trustee, 
or  any  act  or  default  of  such  foreign  corporation  in  reference  to  such 
estate  or  property. 

Duty  of  Corporation  so  Qualifying  to  File  Copy  of  Articles  of  In- 
corporation.— And  it  shall  be  the  duty  of  any  such  foreign  corpora- 
tion so  qualifying  or  acting  to  file  in  the  office  of  said  superintendent 
of  banks  a  copy  of  its  articles  of  incorporation,  or  of  the  statute 
chartering  such  corporation,  certified  by  its  secretary  under  its  cor- 
porate seal,  together  with  the  postoffice  address  of  its  home  office,  and 
a  duly  executed  appointment  of  said  superintendent  of  banks  as  its 
attorney  to  accept  service  of  process  as  above  provided. 

Superintendent  to  Mail  Papers. — And  said  superintendent  of  banks, 
when  any  such  process  is  served  upon  him,  shall  at  once  mail  the 
papers  so  served  to  the  home  office  of  such  corporation ;  and 

No  Foreign  Corporation  Executor  to  Maintain  Agency — Penalty. — 
Provided,  further,  that  no  foreign  corporation  having  authority  to 
act  as  executor  of  or  trustee  under  the  last  will  and  testament  of 
any  deceased  person  shall  establish  or  maintain,  directly  or  indirectly, 
any  branch  office  or  agency  in  this  State,  or  shall  in  any  way  solicit, 
directly  or  indirectly,  any  business  as  executor  or  trustee  therein,  and 
that  for  any  violation  of  this  proviso,  the  court  having  jurisdiction  of 
such  executor  or  trustee  in  said  proceeding  may  in  its  discretion, 
revoke  the  right  of  such  foreign  corporation  thereafter  to  act  as  ex- 
ecutor or  trustee  therein. 

Foreign  Corporation  may  Lend  Moneys  not  Part  of  Assigned  Cap- 
ital.— Provided,  that  nothing  in  this  act  shall  limit  or  affect  the  right 
of  any  foreign  corporation  doing  a  banking  business  in  this  State,  to 
lend  within  the  State,  moneys  of  such  corporation  which  do  not  form 
a  part  of  the  moneys,  deposits  or  assets  of  such  corporation  assigned 
or  belonging  to  its  business  in  this  State. 

§  8.  Papers  Accompanying  Application  for  Certificate  of  Au- 
thority.— Every  corporation  at  the  time  it  applies  for  a  certificate 
of  authority  to  do  a  banking  business,  must  file  with  the  superintendent 
of  banks  a  certified  copy  of  its  articles  of  incorporation,  or  of  the 
statute  chartering  such  corporation,  a  certified  copy  of  its  by-laws, 
and  also  a  certified  copy  of  all  instruments  amending  or  altering  such 
articles  of  incorporation  or  charter  or  by-laws.     Thereafter  a  certified 


200  hillyer's  legal  manual. 

copy  of  each  amendment  or  certificate  shall  likewise  be  so  filed  before 
such  instrument  takes  effect.  There  must  also  be  filed  in  the  office  of 
the  superintendent  of  banks  before  he  shall  issue  his  certificate  a  cer- 
tified copy  of  the  affidavit  required  by  section  290'a  of  the  Civil  Code. 
Each  certification  required  by  the  provisions  of  this  section  other 
than  that  of  by-laws  must  be  by  the  Secretary  of  State. 

§  9.  Branch  Banks,  Approval  of. — No  bank  in  this  State,  or  any 
officer  or  director  thereof,  shall  hereafter  open  or  keep  an  office  other 
than  its  principal  place  of  business,  without  first  having  obtained  the 
written  approval  of  the  superintendent  of  banks  to  the  opening  of 
such  branch  office,  which  written  approval  may  be  given  or  withheld 
in  his  discretion,  and  shall  not  be.  given  by  him  until  he  has  ascertained 
to  his  satisfaction  that  the  public  convenience  and  advantage  will  be 
promoted  by  the  opening  of  such  branch  office. 

Capital. — Provided,  that  no  bank  or  any  officer  or  director  thereof, 
shall  open  or  maintain  any  such  branch  office  unless  the  capital  of  such 
bank,  actually  paid  in,  in  cash,  shall  exceed  the  amount  required  by 
this  act  by  the  sum  of  twenty-five  thousand  dollars  for  each  branch 
office  opened  and  maintained. 

Certificate  of  Authority — Fee. — Every  bank,  before  it  opens  a  branch 
office,  shall  obtain  the  certificate  of  authority  of  the  superintendent  of 
banks  for  the  opening  of  each  of  said  branch  offices.  The  applicant 
shall  pay  for  such  certificate  a  fee  of  fifty  dollars. 

Collection  of  Savings  from  School  Children. — Provided,  however, 
that,  in  order  to  encourage  savings  among  the  children  of  the  schools 
of  this  State,  a  bank  may,  with  the  written  consent  of  and  under 
regulations  approved  by  the  superintendent  of  banks,  and,  in  the  case 
of  public  schools,  by  the  board  of  education  or  board  of  school  trustees 
of  the  city  or  district  in  which  the  school  is  situated,  arrange  for  the 
collection  of  savings  from  the  school  children  by  the  principal  or 
teachers  of  such  schools  or  by  collectors.  The  principal,  teacher  or 
person  authorized  by  the  bank  to  make  collections  from  the  school 
children  shall  be  deemed  to  be  the  agent  of  the  bank  and  the  bank  shall 
be  liable  to  the  pupil  for  all  deposits  made  with  such  principal,  teacher 
or  other  person,  the  same  as  if  the  deposits  were  made  by  the  pupil 
directly  with  the  bank. 

Penalty  for  Violation. — Every  bank  and  every  such  officer  or 
director  violating  the  provisions  of  this  section  shall  forfeit  to  the 
people  of  the  State  the  sum  of  one  hundred  dollars  for  every  day 
during  which  any  branch  office  hereafter  opened  shall  be  maintained 
without  such  written  approval. 

§  10.  Qualifications  of  Directors. — No  person  shall  be  eligible  for 
election  as  director  of  a  bank  having  a  capital  stock  unless  he  is  a 
stockholder  of  the  bank,  owning,  in  his  own  right,  shares  thereof  of 
the  par  value  of  at  least  five  hundred  dollars ;  and  every  person  elected 
to  be  director  who,  after  such  election,  shall  cease  to  be  the  owner  in 
his  own  right  of  the  amount  of  such  stock  aforesaid,  or  shall  hypothe- 
cate or  in  any  way  pledge  such  stock  as  security  for  any  loan  or  debt 
shall  immediately  notify  the  superintendent  of  banks  in  writing  of 
such  sale  or  hypothecation  and  such  director  may  be  removed  from 


CALIFORNIA  BANK  ACT.  201 

the  office  of  director  by  the  superintendent  of  banks.  If  a  bank  be 
organized  without  capital  stock,  no  person  shall  be  eligible  as  a  director 
thereof  unless  he  is  both  a  member  and  a  depositor  of  such  bank. 

§  11.  Meetings — Oath. — The  board  of  directors  of  a  bank  must 
hold  a  meeting  at  least  once  a  month.  Each  director,  when  appointed 
or  elected,  shall  take  an  oath  that  he  will,  so  far  as  the  duty  devolves 
on  him,  diligently  and  honestly  administer  the  affairs  of  such  bank, 
and  will  not  knowingly  violate  or  willfully  permit  to  be  violated  any 
of  the  provisions  of  law  applicable  to  such  bank,  and  that  he  is  the 
owner  in  good  faith  and  in  his  own  right  of  shares  of  stock  of  the  par 
value  required  by  section  ten  of  this  act,  subscribed  by  him  or  standing 
in  his  name  on  the  books  of  the  bank,  and  that  the  same  to  an  amount 
equal  to  the  par  value  of  at  least  five  hundred  dollars,  are  not  hypothe- 
cated or  in  any  way  pledged  as  security  for  any  loan  or  debt.  Such 
oath  shall  be  subscribed  by  the  director  making  it,  certified  by  the 
officer  before  whom  it  is  taken,  and  immediately  transmitted  to  the 
superintendent  of  banks  and  filed  and  preserved  in  his  office. 

§  12.  Acts  Forbidden  to  Those  not  Required  to  Report  to  Super- 
intendent.— No  person,  firm,  company,  copartnership  or  corporation, 
either  domestic  or  foreign,  not  subject  to  the  supervision  of  the  super- 
intendent of  banks,  and  not  required,  by  the  provisions  of  this  act, 
to  report  to  him,  and  which  has  not  received  a  certificate  to  do  a  bank- 
ing business  from  the  superintendent  of  banks,  shall  advertise  ihat  he 
or  it  is  receiving  or  accepting  money  or  savings,  and  issuing  notes  or 
certificates  of  deposit  therefor,  or  shall  make  use  of  any  office  sign,  at 
the  place  where  such  business  is  transacted,  having  thereon  any 
artificial  or  corporate  name,  or  other  words  indicating  that  such  place 
or  office  is  the  place  or  office  of  a  bank  or  trust  company,  that  deposits 
are  received  there  or  payments  made  on  check,  or  any  other  form  of 
banking  business  transacted,  nor  shall  any  such  person  or  persons, 
firm,  company,  copartnership  or  corporation,  domestic  or  foreign, 
make  use  of  or  circulate  any  letter-heads,  billheads,  blank  notes,  blank 
receipts,  certificates  or  circulars,  or  any  written  or  printed,  or  partly 
written  and  partly  printed,  paper,  whatever,  having  thereon  any  arti- 
ficial or  corporate  name  or  other  word  or  words  indicating  that  such 
business  is  the  business  of  a  bank,  savings  bank  or  trust  company; 
nor  shall  any  person,  firm,  company,  copartnership  or  corporation,  or 
any  agent  of  a  foreign  corporation  not  having  an  established  place  of 
business  in  this  State,  solicit  or  receive  deposits  or  transact  business 
in  the  way  or  manner  of  a  bank,  savings  bank  or  trust  company,  or  in 
such  a  way  or  manner  as  to  lead  the  public  to  believe  that  its  business 
is  that  of  a  bank,  savings  bank  or  trust  company.  Nor  shall  any  per- 
son, firm,  company,  copartnership  or  corporation,  domestic  or  foreign, 
not  subject  to  the  supervision  of  the  superintendent  of  banks,  and  not 
required  by  the  provisions  of  this  act  to  report  to  him,  and  which  has 
not  received  from  the  superintendent  of  banks  a  certificate  to  do  a 
banking  business,  hereafter  transact  business  under  any  name  or  title 
which  contains  the  word  ''bank,"  or  "banker,"  or  ''banking,"  or 
"savings  bank,"  or  "savings"  or  "trust"  or  "trustee"  or  "trust 
company"; 


202 

Certain  Building  and  Loan  Associations  Excepted. — Provided,  that 
this  section  shall  not  apply  to  the  corporate  name  of  any  building  and 
loan  association  now  or  heretofore  doing  business  in  this  State ;  and 
provided,  further,  that  any  such  association  having  in  its  corporate 
name  words  not  clearly  indicating  the  nature  of  its  business  shall, 
on  all  signs,  letter-heads  and  advertising  matter,  state  "This  is  a 
building  and  loan  association,"  or  words  to  that  effect. 

Acts  Permitted  to  Building  and  Loan  Associations. — And  provided, 
further,  that  any  building  and  loan  association  may  borrow  money, 
issue  investment  certificates  or  evidences  of  indebtedness,  stating  the 
rate  of  interest  and  terms  and  conditions  of  repayment,  and  do  such 
other  business  as  may  be  authorized  by  the  laws  of  the  State  relating 
to  building  and  loan  associations ;  and  provided,  further,  that  no  such 
association  shall  advertise  or  hold  itself  out  to  the  public  as  a  savings 
bank. 

Penalty  for  Violation. — Any  person,  firm,  company,  copartnership 
or  corporation,  domestic  or  foreign,  violating  any  provision  of  this  sec- 
tion shall  forfeit  to  the  State  one  hundred  dollars  a  day  for  every  day 
or  part  thereof  during  which  such  violation  continues. 

Injunction. — Upon  action  brought  by  the  superintendent  of  banks 
the  court  may  issue  an  injunction  restraining  any  such  person,  firm, 
company,  copartnership  or  corporation  from  further  using  such  words 
in  viola'tion  of  the  provisions  of  this  section  or  from  further  transact- 
ing business  in  such  a  way  or  manner  as  to  lead  the  public  to  believe 
that  its  business  is  that  of  a  bank,  savings  bank  or  trust  company  dur- 
ing the  pendency  of  such  action  and  for  all  time  and  may  make  such 
other  order  or  decree  as  equity  and  justice  may  require. 

§  12a.  Every  Person  or  Corporation  Doing  Certain  Acts  Enumerated 
must  Comply  With  Bank  Act. — Every  person,  firm,  company,  copart- 
nership or  corporation,  domestic  or  foreign,  advertising  that  he  or  it  is 
receiving  or  accepting  money  or  savings,  and  issuing  notes  or  certifi- 
cates of  deposit  therefor,  or  advertising  that  he  or  it  is  transacting 
the  business  of  a  bank,  savings  bank  or  trust  company,  or  making  use 
of  any  office  sign  at  the  place  where  such  business  is  transacted,  hav- 
ing thereon  any  artificial  or  corporate  name,  or  other  words  indicating 
that  such  place  or  office  is  the  place  or  office  of  a  bank,  or  trust  com- 
pany, or  that  deposits  are  received  there  or  payments  made  on  check, 
or  that  interest  is  paid  on  deposits,  or  that  certificates  of  deposit,  either 
with  or  without  interest  are  being  issued,  or  that  any  other  form  of 
banking  business  is  transacted,  and  every  person,  firm,  company,  co- 
partnership or  corporation,  domestic  or  foreign,  making  use  of  or  cir- 
culating any  letter-heads,  billheads,  blank  notes,  blank  receipts,  cer- 
tificates or  circulars,  or  any  written  or  printed,  or  partly  written  and 
partly  printed,  paper,  whatever,  having  thereon  any  artificial  or  cor- 
porate name,  or  advertising  that  such  business  is  the  business  of  a 
bank,  savings  bank  or  trust  company,  must  have  the  proper  capital 
stock  paid  in  and  set  aside  for  the  purpose  of  transacting  such  busi- 
ness, and  must  have  received  from  the  superintendent  of  banks,  as 
provided  for  in  this  act,  a  certificate  to  do  a  banking  business. 


CALIFORNIA  BANK  ACT.  203 

Penalty  for  Violation. — Any  person,  firm,  company,  copartnership 
or  corporation,  domestic  or  foreign,  violating  any  provision  of  this 
section  shall  forfeit  to  the  State  one  hundred  dollars  a  day  for  every 
day  or  part  thereof  during  which  such  violation  continues. 

Injunction. — Upon  action  brought  by  the  superintendent  of  banks 
the  court  may  issue  an  injunction  restraining  any  such  person,  firm, 
company,  copartnership  or  corporation  from  further  violating  any 
provision  of  this  section,  and  may  make  such  further  order  or  decree 
as  equity  and  justice  may  require. 

Authority  to  Examine. — Every  person,  firm,  company,  copartner- 
ship or  corporation  doing  any  of  the  things  or  transacting  any  of  the 
business  defined  in  this  section,  must  transact  such  business  according 
to  the  provisions  of  the  bank  act,  and  the  superintendent  of  banks  or 
his  deputy  or  examiners  shall  have  authority  to  examine  the  accounts, 
books  and  papers  of  every  such  person,  firm,  company,  copartnership  or 
corporation,  domestic  or  foreign,  in  order  to  ascertain  whether  such 
person,  firm,  company,  copartnership  or  corporation  has  violated  or  is 
violating  any  provisions  of  this  section. 

Exception  as  to  Building  and  Loan  Associations. — Provided,  that 
this  section  shall  not  apply  to  the  corporate  name  of  any  building  and 
loan  association  now  or  heretofore  doing  business  in  this  State;  and 
provided,  further,  that  any  such  association  having  in  its  corporate 
name  words  not  clearly  indicating  the  nature  of  its  business  shall,  on 
all  signs,  letter-heads  and  advertising  matter,  state:  "This  is  a  build- 
ing and  loan  association,"  or  words  to  that  effect;  and  provided,  fur- 
ther, that  any  building  and  loan  association  may  borrow  money,  issue 
investment  certificates  or  evidences  of  indebtedness,  stating  the  rate 
of  interest  and  terms  and  conditions  of  repayment,  and  do  such  other 
business  as  may  be  authorized  by  the  laws  of  the  State  relating  to 
building  and  loan  associations;  and  provided,  further,  that  no  such 
association  shall  advertise  or  hold  itself  out  to  the  public  as  a  savings 
bank. 

§  12b.  Previously  Admitted  Foreign  "Life  Insurance  and  Trust 
Companies." — Nothing  in  this  act  shall  be  construed  or  held  to  apply 
to  any  corporation  organized  under  the  laws  of  any  other  State  which 
is  authorized  by  its  charter  or  articles  of  incorporation  to  transact  the 
business  of  life  insurance  and  also  to  be  known  as  and  to  transact  busi- 
ness as  a  trust  company  and  which  shall  have  complied  with  the  laws 
of  this  State  affecting  the  transaction  in  this  State  of  the  business  of 
life  insurance  by  a  foreign  corporation  and  which  shall  have  heretofore 
engaged  in  such  business  of  life  insurance  in  this  State,  in  such  manner 
as  to  forbid  or  prevent  its  making  use  of  its  corporate  title  in  its  life 
insurance  business  in  this  State  in  any  such  way  and  to  any  such  extent 
as  it  might  have  made  use  of  the  same  if  this  act  had  not  been  passed. 

§  12c.  Certain  Foreign  Corporations  not  Engaged  in  Banking  may 
Lend  Money. — Any  corporation  organized  under  the  laws  of  any 
country  or  State  other  than  this  State  which  has  complied  with  all 
of  the  laws  of  this  State  pertaining  to  foreign  corporations  and  is  not 
engaged  in  the  business  of  banking  or  receiving  money  on  deposit 
in  this  State  may  lend  money  in  this  State  and,  for  that  purpose,  may 


204 

maintain  ofifices  in  this  State,  and  sue  and  be  sued  in  this  State  under 
its  proper  corporate  name,  notwithstanding  any  prohibitions  contained 
in  this  act  as  to  the  use  of  any  words  in  the  name,  signs  or  advertis- 
ing matter  of  corporations  not  under  the  supervision  of  the  super- 
intendent of  banks. 

§  13.     [Repealed  1913.] 

§  14.  Advertisement  of  Capital  Stock — Statement. — No  bank,  or 
officer  thereof,  shall  advertise  in  any  manner,  or  publish  any  statement 
of  the  capital  authorized  or  subscribed,  unless  it  or  he  advertise  and 
publish  in  connection  therewith,  the  amount  of  capital  actuall}^  paid 
up.  No  bank  shall  publish  a  statement  of  its  resources  or  liabilities 
in  connection  with  those  of  any  other  bank,  unless  such  statement  shall 
show  the  resources  and  liabilities  of  each  bank  separately;  nor  shall 
surplus  and  undivided  profits  be  advertised  as  an  aggregate. 

§  15.  Unclaimed  Deposits. — All  amounts  of  money  heretofore  or 
hereafter  deposited  with  any  bank  to  the  credit  of  depositors  who  have 
not  made  a  deposit  on  said  account  or  withdrawn  any  part  thereof 
or  the  interest,  and  which  shall  have  remained  unclaimed  for  more 
than  twenty  years  after  the  date  of  such  deposit,  or  withdrawal  of  any 
part  of  principal  or  interest,  and  for  which  no  claimant  is  known  or 
the  depositor  cannot  be  found,  shall,  with  the  increase  and  proceeds 
thereof,  be  deposited  with  the  State  treasurer  in  the  same  manner  and 
subject  to  the  same  distribution  as  provided  for  in  section  1234  of  the 
Code  of  Civil  Procedure. 

Annual  Statement  of  Unclaimed  Deposits,  and  Deceased  Deposit- 
ors.— The  president  or  managing  officer  of  every  bank  must,  within 
fifteen  days  after  the  first  day  of  January  of  every  year,  return  to  the 
superintendent  of  banks  a  sworn  statement  showing  the  names  of  de- 
positors known  to  be  dead,  or  who  have  not  made  further  deposits, 
or  withdrawn  any  moneys  during  the  preceding  twenty  years  and  at 
the  same  time  it  shall  be  the  duty  of  the  president  or  managing  officer 
of  every  bank  to  furnish  to  the  State  controller  a  list  of  the  names 
of  all  depositors  to  whom  said  moneys  belong  or  to  whom  said  bank 
owes  the  same.  Such  statement  shall  show  in  detail  the  following  mat- 
ters, viz. : 

First — The  name  and  last  know^n  place  of  residence  or  postoffice  ad- 
dress of  the  person  making  such  deposit ; 

Second — ^^The  amount  and  date  of  such  deposit  and  whether  the  same 
are  in  moneys  or  securities,  and  if  the  latter,  the  nature  of  the  same; 

Third — The  interest  due  on  such  deposit,  if  any,  and  the  amount 
thereof; 

Fourth — The  sum  total  of  such  deposit,  together  with  the  interest 
added  thereto  due  from  such  bank  on  account  of  such  deposit  or 
deposits  and  interest  thereon  to  such  depositor,  but  nothing  contained 
herein  shall  require  any  corporation  or  person  renting  lock  boxes  or 
safes  in  vaults  for  storage  purposes  to  open  or  report  concerning  prop- 
erty stored  therein.  Such  report  itemized  as  aforesaid  shall  be  signed 
by  the  person  making  the  same  and  shall  be  sworn  to  before  a  person 
competent  to  administer  oaths  as  a  full,  complete  and  truthful  state- 
ment of  each  of  the  items  therein  contained. 


CALIFORNIA  BANK  ACT.  205 

Biennial  Statement. — The  president  or  managing  officer  of  every 
bank  must,  within  fifteen  days  after  the  first  day  of  January  of  every 
odd-numbered  year,  return  to  the  superintendent  of  banks  a  sworn 
statement  showing  the  names  of  depositors  known  to  be  dead,  or  who 
have  not  made  further  deposits,  or  withdrawn  any  moneys  during  the 
preceding  ten  years.  Such  statements  shall  show  the  amount  of  the 
account,  the  depositor's  last  known  place  of  residence  or  postoffice 
address,  and  the  fact  of  death,  if  known  to  such  president  or  manag- 
ing officer. 

Publication  of  Biennial  Statement. — Such  president  or  managing 
officer  must  give  notice  of  these  deposits  in  one  or  more  newspapers 
published  in  or  nearest  to  the  town  or  city  where  such  bank  has  its 
principal  place  of  business,  at  least  once  a  week  for  four  consecutive 
weeks,  the  cost  of  such  publication  to  be  paid  pro  rata  out  of  such 
unclaimed  deposits. 

Certain  Deposits  to  be  Omitted. — This  section  does  not  apply  to  any 
deposit  made  by  or  in  the  name  of  a  person  known  to  the  president 
or  managing  officer  to  be  living,  or  which,  with  the  accumulation  there- 
on, is  less  than  fifty  dollars.  The  superintendent  of  banks  must  in- 
corporate in  his  subsequent  report  such  returns  made  to  him  as  pro- 
vided in  this  section. 

Penalty  for  Default. — If  any  president  or  managing  officer  of  any 
bank  neglects  or  refuses  to  make  the  sworn  statement  required  by 
this  section,  such  bank  shall  forfeit  to  the  State  of  California  the 
sum  of  one  hundred  dollars  a  day  for  each  day  such  default  shall  con- 
tinue. Any  president  or  managing  officer  of  any  bank  who  violates 
any  of  the  provisions  of  this  section  shall  forfeit  to  the  State  of  Cali- 
fornia the  sum  of  one  hundred  dollars  a  day  for  each  and  every  day 
such  violation  shall  continue. 

Unclaimed  Deposits  in  Transferred  and  Consolidated  Bank. — For 
the  purposes  of  this  section  all  deposits  received  by  any  bank  under 
the  provisions  of  section  31  or  section  31a  of  this  act  shall  be  deemed 
to  have  been  deposited  with  such  bank  at  the  time  the  deposit  was 
made  with  the  bank  from  which  the  deposit  was  transferred; 

Deposit  With  State  Treasurer. — Provided,  that  any  bank  which  shall 
make  any  deposit  with  the  State  Treasurer  in  conformity  with  the  pro- 
visions of  this  section  shall  not  thereafter  be  liable  to  any  person  for 
the  same  and  any  action  which  may  be  brought  by  any  person  against 
any  bank  for  moneys  so  deposited  with  the  State  Treasurer  shall  be 
defended  by  the  Attorney  General  without  costs  to  such  bank. 

§  16.  Deposit  of  Married  Woman  or  Minor. — When  any  deposit 
with  a  bank  shall  be  made  by  or  in  the  name  of  any  married  woman 
or  minor,  the  same  shall  be  held  for  the  exclusive  right  and  benefit  of 
such  depositor,  and  free  from  the  control  or  lien  of  all  other  persons, 
except  creditors,  and  shall  be  paid,  together  with  the  dividends,  if 
any,  and  interest,  if  any,  thereon  to  the  person  in  whose  name  deposits 
shall  have  been  made,  and  the  receipt  or  acquittance  of  such  minor 
shall  be  a  valid  and  sufficient  release  and  discharge  for  such  deposit, 
or  any  part  thereof,  to  the  bank. 


206  hillyer's  legal  manual. 

Deposit  in  Trust  for  Another;— When  any  deposit  with  a  bank  shall 
be  made  by  any  person  in  trust  for  another,  and  no  other  or  further 
notice  of  the  existence  and  terms  of  a  legal  and  valid  trust  shall  have 
been  given  in  writing  to  such  bank,  in  the  event  of  the  death  of  the 
trustee,  the  same  or  any  part  thereof,  together  with  the  dividends  or 
interest,  if  any,  thereon,  may  be  paid  to  the  person  for  whom  the  de- 
posit was  made. 

Deposit  by  Joint  Tenants.— When  a  deposit  with  a  bank  shall  be 
made  by  any  person  in  the  names  of  such  depositor  and  another  person 
or  persons,  and  in  form  to  be  paid  to  either  or  the  survivor  or  survivors 
of  them,  such  deposit  thereupon  and  any  additions  thereto  made  by 
either  of  such  persons  upon  the  making  thereof,  shall  become  the  prop- 
erty of  such  person  as  joint  tenants,  and  the  same,  together  with  all 
interest  thereon,  shall  be  held  for  the  exclusive  use  of  the  persons  so 
named,  and  may  be  paid  to  either  during  the  lifetime  of  all  or  any 
or  to  the  survivor  or  survivors  after  the  death  of  one  or  more  of  them, 
and  such  payments  and  the  receipt  or  acquittance  of  the  one  to  whom 
such  paj^ment  is  made  shall  be  valid  and  sufficient  release  and  dis- 
charge to  said  bank  for  all  payments  made  on  account  of  such  deposit. 

Deposits  Under  Five  Hundred  Dollars  Paid  Without  Administra- 
tion.— The  surviving  husband  or  wife  or  the  guardian  of  the  estate 
of  any  insane  or  incompetent  husband  or  wife  of  any  deceased  person, 
or,  if  no  husband  or  wife  is  living,  then  the  children  or  the  guardian 
of  the  estates  of  any  minor  or  insane  or  incompetent  children  of  said 
decedent,  or,  if  no  children  are  living,  then  the  father  or  mother  or 
guardian  of  the  estate  of  any  insane  or  incompetent  father  or  mother 
of  such  decedent,  and  if  neither  the  father  or  mother  is  living,  then  the 
brothers  and  sisters  or  the  guardian  of  the  estates  of  any  minor  or 
insane  or  incompetent  brothers  and  sisters  of  such  decedent,  may, 
without  procuring  letters  of  administration,  collect  of  any  bank  any 
sum  which  said  deceased  may  have  left  on  deposit  in  such  bank  at  the 
time  of  his  or  her  death;  provided,  such  deposit  shall  not  exceed  the 
sum  of  five  hundred  dollars. 

Affidavit  and  Receipt  of  Affiant. — Any  bank,  upon  receiving  an 
affidavit  stating  that  said  depositor  is  dead,  and  that  affiant  is  the  sur- 
viving husband  or  wife  or  the  guardian  of  the  estate  of  an  insane  or 
incompetent  surviving  husband  or  wife,  as  the  case  may  be,  of  said 
decedent,  or  stating  that  decedent  left  no  husband  or  wife,  and  that 
affiant  is,  or  affiants  are,  the  children,  or  the  guardians  of  the  estates  of 
the  minor,  insane  or  incompetent  children,  as  the  case  may  be,  of  said 
decedent,  or  stating  that  decedent  left  neither  husband,  wife  nor 
children,  and  that  affiant  is  the  father  or  mother,  or  the  guardian  of 
the  estate  of  the  insane  or  incompetent  father  or  mother,  as  the  case 
may  be,  of  said  decedent,  or  stating  that  the  decedent  left  neither  hus- 
band, wife,  children,  father  nor  mother,  and  that  affiants  are  the 
brothers  and  sisters  or  the  guardians  of  the  estates  of  the  minor,  in- 
sane or  incompetent  brothers  and  sisters,  as  the  case  may  be,  of  said 
decedent,  and  that  the  whole  amount  that  decedent  left  on  deposit  in 
any  and  all  banks  of  deposit  of  this  State,  does  not  exceed  the  sum  of 
five  hundred  dollars,  may  pay  to  said  affiant  or  affiants,  any  deposit 


CALIFORNIA  BANK  ACT.  207 

of  said  decedent,  if  the  same  does  not  exceed  the  sum  of  five  hundred 
dollars,  and  the  receipt  of  such  affiant  is  sufficient  acquittance  therefor. 
Letters  of  Guardianship. — Provided,  however,  that  whenever  the 
affidavit  herein  mentioned  is  made  by  any  guardian  it  shall  be  accom- 
panied by  a  certified  copy  of  the  letters  of  guardianship  issued  to  such 
guardian  attached  to  a  certificate  of  the  clerk  of  the  court  having  ap- 
pointed such  guardian  to  the  effect  that  the  said  letters  of  guardian- 
ship have  not  been  revoked. 

§  17.    List  of  Stockholders  and  Notice  Showing  Directors  and  Stock 

Held. — Every  bank  now  in  existence  or  hereafter  organized  shall 
keep  in  its  offices,  in  a  place  accessible  to  the  stockholders,  depositors, 
and  creditors  thereof,  and  for  their  use,  a  book  containing  a  list  of 
stockholders  in  such  corporation,  and  the  number  of  shares  of  stock 
held  by  each;  and  every  such  bank  shall  keep  posted  in  its  office,  in 
a  conspicuous  place,  accessible  to  the  public  generally,  a  notice  signed 
by  the  president  or  secretary,  showing : 

1.  The  names  of  the  directors  of  such  bank. 

2.  The  number  and  the  par  value  of  the  shares  of  stock  held  by  each 
director. 

The  entries  on  such  book  and  such  notice  shall  be  made  and  posted 
within  twenty-four  hours  after  any  transfer  of  stock,  and  shall  be 
prima  facie  evidence  against  each  director  and  stockholder  of  the 
number  of  shares  of  stock  held  by  each. 

§  18.     [Repealed  1913.] 

§  19.  Aggregate  of  Paid-up  Capital  and  S^urplus. — The  aggregate 
of  paid-up  capital  together  with  the  surplus,  of  every  commercial  bank, 
must  equal  ten  per  centum  of  its  deposit  liabilities ;  such  deposit 
liabilities  shall  not  be  increased  when  such  proportion  of  paid-up 
capital  and  surplus  is  wanting,  and  in  no  event  shall  said  paid-up 
capital  be  less  than  the  minimum  paid-up  capital  provided  by  this 
act. 

Paid-up  Capital,  Surplus  and  Reserve  Fund  of  Savings  Bank. — Pro- 
vided, however,  that  the  aggregate  of  paid-up  capital  and  surplus  of 
every  savings  bank  having  a  capital  stock,  and  the  reserve  fund  of 
every  savings  bank  without  a  capital  stock,  must  equal  the  following 
percentages  of  its  deposit  liabilities : 

(a)  Ten  per  centum  of  any  amount  up  to  and  including  tw^o  million 
dollars. 

(b)  Seven  and  one-half  per  centum  of  any  amount  in  excess  of 
two  million  dollars  up  to  and  including  five  million  dollars. 

(c)  Five  per  centum  of  any  amount  in  excess  of  five  million  dollars 
up  to  and  including  fifteen  million  dollars. 

(d)  Two  and  one-half  per  centum  of  any  amount  in  excess  of  fif- 
teen million  dollars  up  to  and  including  forty  million  dollars. 

(e)  One  per  centum  of  any  amount  in  excess  of  forty  million  dol- 
lars. 

The  deposits  shall  not  be  increased  if  such  proportion  of  paid-up 
cp^^i+al  and  surplus  or  reserve  fund  to  deposit  liabilities  is  not  main- 
tained. ■  I  , 


208  hillyer's  legal  manual. 

§  20.  Depositary  Bank  Reserve. — Every  commercial  bank  receiv- 
ing deposits  as  a  depositary  bank  of  other  banks  shall  have  at  all 
times  as  its  lawful  money  reserve  an  amount  equal  to  twenty  per 
centum  of  the  aggregate  amount  of  its  deposits.  Two-fifths  of  such 
reserve  shall  be  in  its  own  keeping  in  lawful  money  of  the  United 
States,  or  gold  certificates  or  silver  certificates  of  the  United  States.. 
The  remaining  three-fifths  thereof  may  consist  of  moneys  on  deposit 
subject  to  call  with  any  bank  or  banks  in  this  State  other  than  a  sav- 
ings bank;  or  one-half  of  such  three-fifths  or  any  less  portion  thereof 
may  consist  of  moneys  on  deposit  subject  to  call  with  any  bank  or 
banks  in  the  cities  of  New  York,  Chicago  or  St.  Louis,  other  than  a 
savings  bank,  and  the  balance  of  such  three-fifths,  of  moneys  on  de- 
posit subject  to  call  with  any  bank  or  banks  in  this  State  other  than 
a  savings  bank. 

Reserve  of  Nondepositary  Banks. — Every  commercial  bank  not  re- 
ceiving deposits  as  a  depositary  bank  of  other  banks  shall  have  at  all 
times  as  its  lawful  money  reserve,  an  amount  equal  to  fifteen  per 
centum  of  the  aggregate  amount  of  its  deposits.  Two-fifths  of  such 
reserve  shall  be  in  its  own  keeping  in  lawful  money  of  the  United 
States,  or  gold  certificates  or  silver  certificates  of  the  United  States. 
The  remaining  three-fifths  thereof  may  consist  of  moneys  on  deposit 
subject  to  call  with  any  bank  or  banks  in  this  State  other  than  a 
savings  bank;  or,  one-half  of  such  three-fifths  or  any  less  portion 
thereof  may  consist  of  moneys  on  deposit  subject  to  call  with  any 
bank  or  banks  in  the  cities  of  New  York,  Chicago  or  St.  Louis,  other 
than  a  savings  bank,  and  the  balance  of  such  three-fifths,  of  moneys 
on  deposit  subject  to  call  with  any  bank  or  banks  in  this  State  other 
than  a  savings  bank. 

Impaired  Reserve. — If  the  lawful  money  reserve  of  any  bank  shall 
be  less  than  the  amount  required  by  this  section,  such  bank  shall  not 
increase  its  liabilities  by  making  any  new  loans  or  discounts,  other- 
wise than  by  discounting  bills  of  exchange  on  sight,  or  by  paying 
any  dividends  from  profits  until  the  full  amount  of  its  lawful  money 
reserve  has  been  restored. 

Notice  to  Restore. — The  superintendent  of  banks  may  notify  any 
bank  whose  lawful  money  reserve  shall  be  below  the  amount  herein 
required,  to  restore  such  reserve ;  and,  if  it  shall  fail  for  thirty  days 
thereafter  to  restore  such  lawful  money  reserve,  such  bank  shall  be 
deemed  insolvent  and  may  be  proceeded  against  under  the  provisions 
of  this  act;  provided,  that  all  deposits  of  money  herein  permitted  or 
required  shall  comply  with  the  provisions  of  section  43  of  this  act. 

§  21.  Dividends. — The  directors  of  any  bank  having  a  capital 
stock  may,  at  certain  times,  and  in  such  manner  as  its  by-laws  pre- 
scribe, declare  and  pay  dividends  to  depositors  and  stockholders  of 
so  much  of  the  profits  of  the  bank,  and  of  the  interest  arising  from 
the  capital,  surplus  and  deposits,  as  may  be  appropriated  for  that 
purpose  under  its  by-laws  or  under  its  agreements  with  depositors. 

Surplus. — ^But  every  such  bank  shall,  before  the  declaration  of  any 
such  dividend,  carry  at  least  one-tenth  part  of  the  net  profits  of  the 
stockholders  for  the   preceding  half  year,   or   for  such   period   as  is 


CALIFORNIA  BANK  ACT.  209 

covered  by  the  dividend,  to  its  surplus,  until  such  surplus  shall  amount 
to  twenty-five  per  centum  of  its  paid-up  capital  stock. 

Surplus  may  be  Canverted  into  Capital. — The  whole  or  any  part  of 
such  surplus,  if  held  as  the  exclusive  property  of  the  stockholders, 
may  at  any  time  be  converted  into  paid  in  capital,  in  which  event  such 
surplus  shall  be  restored  in  the  manner  above  provided  until  it  amounts 
to  twenty-five  per  centum  of  the  aggregate  paid-up  capital  stock. 

Losses. — Subject  to  the  provisions  of  section  19  of  this  act,  any 
losses  sustained  by  any  such  bank  in  excess  of  its  undivided  profits 
may  be  charged  to  and  paid  from  its  surplus,  in  which  event  such 
surplus  shall  be  restored  in  the  manner  above  provided,  to  the  amount 
required  by  law;  provided,  however,  that  any  bank  which  has  in- 
vested any  portion  of  its  surplus  in  its  bank  premises,  furniture  and 
fixtures,  vaults,  or  safe  deposit  vaults,  and  boxes  necessary  or  proper 
to  carry  on  its  banking  business  shall  not  be  permitted  to  charge  any 
loss  to  that  portion  of  its  surplus  so  invested.  A  larger  surplus  may 
be  created  and  nothing  herein  contained  shall  be  construed  as  pro- 
hibitory thereof.  The  capital  and  assets  of  anj^  such  bank  are  a 
security  to  depositors  and  stockholders,  depositors  having  the  priority 
of  security  over  stockholders. 

§  21a.  Preference. — No  bank,  banker,  or  bank  officer,  shall  give 
preference  to  any  depositor  or  creditor  by  pledging  the  assets  of  the 
bank  as  collateral  security,  except  as  otherwise  authorized  by  law; 
provided  that  any  commercial  bank,  or  commercial  department  of  a 
departmental  bank,  may  borrow  money  for  temporary  purposes,  and 
may  pledge  assets  of  said  commercial  bank,  or  commercial  depart- 
ment of  said  departmental  bank,  not  exceeding  fifty  per  centum  in 
excess  of  the  amount  borrowed,  as  collateral  security  therefor. 

Public  Moneys  not  Construed  as  Borrowed  Money. — ^Provided, 
that  any  public  moneys,  or  postal  savings  moneys,  deposited  with  any 
such  bank  under  any  provision  of  law,  shall  not  be  construed  as  ''bor- 
rowed money"  within  the  meaning  of  this  section. 

Restriction  on  Borrowing  Power. — No  bank  shall  at  any  time,  with- 
out permission  of  the  superintendent  of  banks,  borrow  an  amount 
exceeding  the  amount  of  its  paid-up  capital  stock  and  surplus  at  such 
time  actually  paid  in  and  remaining  undiminished  by  losses  or  other- 
wise. 

Partial  Pajnnents  upon  Certificate  of  Deposit. — No  bank  shall  make 
partial  payments  upon  any  certificate  of  deposit. 

Nonadmitted  Assets. — In  no  case  shall  an  overdraft  of  more  than 
ninety  days  standing  be  allowed  as  an  asset  of  any  bank.  Any  debt 
due  to  any  commercial  bank,  on  which  interest  is  past  due  and  unpaid 
for  the  period  of  one  year,  unless  the  same  is  well  secured,  and  is  in 
process  of  collection,  shall  be  considered  a  bad  debt  and  shall  be 
charged  off  to  the  profit  and  loss  account  at  the  expiration  of  that  time. 

§  22.     Bank  may  Combine  Business  of  Bank  and  Trust  Company 

but  not  Title  Insurance. — Any  corporation  authorized  by  its  articles 

of  incorporation  so  to  do,  may  combine  the  business  of  a  commercial 

bank  and  savings  bank  and  trust  company,  or  any  one  or  more  or  all 

14 


210  hillyer's  legal  manual. 

of  them ;  provided,  that  no  corporation  authorized  to  transact  a  trust 
business  and  which  is  also  organized  to  engage  in  the  business  of  title 
insurance,  shall  engage  in  or  combine  the  business  of  a  commercial 
bank  or  savings  bank. 

§  23.  Departmental  Business — Segregation  of  Capital  and  Surplus. 
When  a  bank  desires  to  do  a  departmental  business,  it  shall  first  ob- 
tain the  consent  of  the  superintendent  of  banks,  and  in  its  application 
therefor,  file  a  statement  making  a  segregation  of  its  capital  and  sur- 
plus for  each  department.  Such  capital  and  surplus,  when  so  appor- 
tioned and  approved  by  the  superintendent  of  banks,  shall  be  con- 
sidered and  treated  as  the  separate  capital  and  surplus  of  such 
department  as  if  each  department  was  a  separate  bank.  Thereafter 
a  bank  may,  from  time  to  time,  with  the  previous  consent  and  ap- 
proval of  the  superintendent  of  banks  and  subject  to  the  provisions 
of  section  19  of  this  act,  change  any  segregation  and  apportionment 
of  capital  and  surplus  previously  made  and  make  a  new  segregation 
and  apportionment  of  its  capital  and  surplus. 

Capital  Stock  of  Departmental  Banks. — Every  bank  hereafter  or- 
ganized doing  a  departmental  business  shall  have  paid  up,  in  cash, 
capital  stock  as  follows: 

(a)  Population  5,000. — In  any  locality  in  which  the  population  does 
not  exceed  five  thousand  persons,  not  less  than  twenty-five  thousand 
dollars  if  it  transacts  both  a  commercial  and  savings  business,  or  not  less 
than  one  hundred  twenty-five  thousand  dollars,  if  it  transacts  both  a 
commercial  and  trust  business,  or  not  less  than  one  hundred  twenty- 
five  thousand  dollars  if  it  transacts  both  a  savings  and  trust  business 
and  not  less  than  one  hundred  twenty-five  thousand  dollars  if  it  trans- 
acts a  commercial,  savings  and  trust  business. 

(b)  Population  More  than  5,000,  not  Exceeding  25,000. — In  any 
city  in  which  the  population  is  more  than  five  thousand  persons,  but  does 
not  exceed  twenty-five  thousand  persons,  not  less  than  fifty  thousand 
dollars  if  it  transacts  both  a  commercial  and  savings  business,  or  not  less 
than  one  hundred  fifty  thousand  dollars  if  it  transacts  both  a  commercial 
and  trust  business,  or  not  less  than  one  hundred  fifty  thousand  dollars  if 
it  transacts  both  a  savings  and  trust  business,  and  not  less  than  one 
hundred  fifty  thousand  dollars  if  it  transacts  a  commercial,  savings 
and  trust  business. 

(c)  Population  More  Than  25,000,  not  Exceeding  100,000.— In  any 
city  in  which  the  population  is  more  than  25,000  persons  but  does  not 
exceed  one  hundred  thousand  persons,  not  less  than  one  hundred  thou- 
sand dollars,  if  it  transacts  both  a  savings  and  trust  business,  and  not 
less  than  two  hundred  thousand  dollars  if  it  transacts  both  a  commer- 
cial and  trust  business,  or  not  less  than  two  hundred  thousand  dollars 
if  it  transacts  both  a  savings  and  trust  business,  and  not  less  than 
two  hundred  thousand  dollars  if  it  transacts  a  commercial,  savings 
and  trust  business. 

(d)  Population  More  Than  100,000,  not  Exceeding  200,000.— In  any 
city  in  which  the  population  is  more  than  one  hundred  thousand  per- 
sons but  does  not  exceed  two  hundred  thousand  persons,  not  less  than 
two  hundred  thousand  dollars,  if  it  transacts  both  a  commercial  and 


CALIFORNIA  BANK  ACT.  211 

savings  business,  or  not  less  than  four  hundred  thousand  dollars  if  it 
transacts  both  a  commercial  and  trust  business,  or  not  less  than  four 
hundred  thousand  dollars  if  it  transacts  both  a  savings  and  trust  busi- 
ness, and  not  less  than  four  hundred  thousand  dollars  if  it  transacts  a 
commercial,  savings  and  trust  business. 

(e)  Population  Exceeding  200,000.— In  any  city  in  which  the  popu- 
lation exceeds  two  hundred  thousand  persons,  not  less  than  three  hun- 
dred thousand  dollars  if  it  transacts  both  a  commercial  and  savings 
business,  or  not  less  than  five  hundred  thousand  dollars  if  it  transacts 
both  a  commercial  and  trust  business,  or  not  less  than  five  hundred 
thousand  dollars  if  it  transacts  both  a  savings  and  trust  business,  and 
not  less  than  five  hundred  thousand  dollars  if  it  transacts  a  commer- 
cial, savings  and  trust  business. 

Excepted  Banks. — The  foregoing  classification  shall  not  apply  to 
any  bank  already  in  existence  which  has  received  from  the  superin- 
tendent of  banks  a  certificate  to  do  a  banking  business;  nor  to  any 
bank  the  location  of  which  shall  have  been  included  by  annexation  or 
consolidation  within  the  limits  of  a  city  of  a  class  requiring  a  larger 
capitalization,  but  no  bank  thus  excepted  shall  be  permitted  to  estab- 
lish any  new  branch  office  as  provided  in  section  9  of  this  act  or  to 
remove  its  place  of  business  from  the  original  limits  of  the  city  or 
township  wherein  it  was  located  prior  to  such  annexation  or  consolida- 
tion until  it  shall  have  the  capital  required  of  banks  in  such  city  not 
within  said  exception.  Such  excepted  banks  may  not  in  any  case 
decrease  their  capital  stock  but  may  increase  the  same  in  the  manner 
provided  by  law  to  an  amount  either  greater  or  less  than  that  re- 
quired of  banks  in  such  city  not  within  said  exception.  The  capital 
stock  referred  to  herein  shall  be  increased  from  time  to  time  and  to 
the  same  extent  as  provided  for  in  section  19  of  this  act. 

Population — How  Determined. — For  the  purposes  of  this  act,  the 
population  shown  and  determined  by  the  last  preceding  federal  census, 
or  any  subsequent  census  compiled  and  certified  under  any  law  of 
this  State,  shall  be  deemed  to  be  the  population  of  any  city  in  which 
any  such  bank  is  to  be  organized.  If  the  principal  place  of  business 
of  any  bank  so  organized  is  located  outside  of  the  corporate  limits  of 
any  city,  then  the  population  of  that  portion  of  the  judicial  township 
in  which  said  bank  is  to  have  its  principal  place  of  business,  which 
is  not  included  within  the  boundaries  of  any  municipal  corporation, 
as  such  population  is  shown  and  determined  by  such  federal  or  subse- 
quent official  census,  shall  be  the  basis  for  classification  under  the 
provisions  of  this  act. 

§  24.  Certificate  for  Each  Department — Fee. — Every  bank,  before  it 
commences  to  do  business  or  before  it  opens  a  new  department  and 
commences  to  transact  business  in  or  under  such  new  department, 
shall  obtain  the  certificate  of  the  superintendent  of  banks  for  the 
opening  of  each  of  the  departments  specified.  Each  certificate  herein 
provided  for  shall  be  given  when  the  superintendent  shall,  by  the  ex- 
amination required  by  this  act,  have  satisfied  himself  that  the  proper 
amount  of  cash  has  been  paid  in  as  capital  and  the  provisions  of  this 
act  complied  with.  The  applicant  shall  pay  for  the  certificate  for  each 
department  a  fee  of  fifty  dollars. 


212  hillyer's  legal  manual. 

§  25.  Department  Reserve.— Every  bank  shall  maintain  for  each 
department  a  lawful  money  reserve  equal  in  amount  to  that  required 
by  this  act  for  the  respective  business  conducted,  and  shall  keep 
separate  and  distinct  the  lawful  money  reserve  of  any  department 
from  that  of  any  other  department. 

Deposits  of  Departments.— And  all  deposits  made  with  other  banks, 
whether  temporary  or  otherwise,  shall  be  assets  of  the  respective  de- 
partments by  which  they  were  made,  and  shall  be  so  carried  on  the 
books  of  such  other  banks,  and  shall  be  repaid  only  upon  the  order 
of  the  department  to  whose  credit  they  stand.  No  department  shall 
receive  deposits  of  any  other  department  of  the  same  corporation; 
except  that  a  trust  department  may  make  deposits  of  trust  or  any 
other  funds  under  its  control  with  the  commercial  or  savings  depart- 
ment of  the  same  corporation. 

Transfer  from  One  Department  to  Another. — Provided,  however, 
that  any  bank  having  departments  shall  have  the  right  to  sell  and 
transfer  any  bonds,  securities  or  loans  from  one  department  to  another 
upon  receipt  of  the  actual  value  thereof,  if  such  bonds,  securities  or 
loans  are,  under  the  provisions  of  this  act,  a  legal  investment  for  the 
department  purchasing  the  same. 

§  26.  Books  of  Account  for  Each  Department. — ^Every  bank  hav- 
ing different  departments  shall  keep  separate  books  of  account  for 
each  department  of  its  business,  and  shall  be  governed  as  to  all  de- 
posits, reserves,  investments  and  transactions  relating  to  each  depart- 
ment by  the  provisions  in  this  act  specifically  provided  for  the  re- 
spective kind  of  business. 

Investments. — It  shall  keep  all  investments  relating  to  the  savings 
department  entirely  separate  and  apart  from  the  investments  of  its 
other  department  or  departments. 

All  Departments — One  Building — ^Cash,  Securities  and  Property  of 
Departments  not  to  be  Mingled. — Every  bank  shall  conduct  the  busi- 
ness of  all  its  departments  in  one  building,  or  in  adjoining  buildings, 
and  shall  keep  entirely  separate  and  apart  in  each  department  the 
cash,  securities  and  property  belonging  to  such  department,  and  shall 
not  mingle  the  cash,  securities  and  property  of  one  department  with 
that  of  another 

§  27.    Assets  Held  Solely  for  Depositors  of  Each  Department. — All 

money  and  assets  belonging  to  each  department,  whether  on  hand  or 
with  other  banks,  and  the  investments  made,  shall  be  held  solely  for  the 
repayment  of  the  depositors  and  other  claimants  of  each  such  depart- 
ment, as  herein  provided,  until  all  depositors  and  other  claimants  of 
each  such  department  shall  have  been  paid,  and  the  overplus  then 
remaining  shall  be  applied  to  any  other  liabilities  of  such  bank. 

§  28.     Bank  must  Use  Word  ' '  Savings, "  "  Trust "  or  ' '  Commercial. ' ' 

Every  bank  in  this  State  must,  on  all  its  window  signs  and  in  advertis- 
ing, and  on  letter-heads  and  other  stationery  on  which  its  business  is 
transacted,  use  the  word  ''savings"  if  it  conducts  a  savings  business, 
or  the  word  ''trust"  if  it  conducts  a  trust  business,  and  the  word 
"commercial"  if  it  conducts  a  commercial  business. 


CALIFORNIA  BANK  ACT.  213 

§  29.  Mutual  Banks  may  Issue  Capital  Stock  How. — ^Every  cor- 
poration heretofore  created  under  the  laws  of  this  State,  doing  a 
banking  business  therein,  and  which  has  no  capital  stock,  may  elect 
to  have  a  capital  stock,  and  may  issue  certificates  of  stock  therefor, 
in  the  same  manner  as  corporations  formed  under  the  provisions  of 
part  IV,  title  I,  chapter  I,  article  I,  of  the  Civil  Code,  relating  to  the 
formation  of  corporations;  provided,  that  no  such  corporation  shall 
use  or  convert  any  moneys  or  funds  theretofore  belonging  to  it,  or 
under  its  control,  into  capital  stock;  but  such  funds  or  moneys  must 
be  held  and  managed  only  for  the  purposes  and  in  the  manner  for 
which  they  were  created. 

Call  for  Meeting. — Before  such  change  is  made,  a  majority  of  the 
members  of  such  corporation  present  at  a  meeting  called  for  the  pur- 
pose of  considering  the  proposition  whether  it  is  best  to  have  a  capital 
stock,  its  amount,  and  the  number  of  shares  into  which  it  shall  be 
divided,  must  vote  in  favor  of  having  a  capital  stock,  fix  the  amount 
thereof,  and  the  number  of  shares  into  which  it  shall  be  divided. 

Notice  of  Time  and  Place. — Notice  of  the  time  and  place  of  holding 
such  meeting,  and  its  object,  must  be  given  by  the  president  of  such 
corporation  by  mailing  notice  of  such  meeting  to  each  member  of 
such  corporation  at  his  last  Imown  postoffice  address  at  least  ten 
days  prior  to  the  day  fixed  for  such  meeting,  and  by  publication  in 
some  newspaper  printed  and  published  in  the  county,  or  city  and 
county,  in  which  the  principal  place  of  business  of  the  corporation  is 
situated,  at  least  once  a  week  for  three  successive  weeks  prior  to  the 
holding  of  the  meeting. 

Certificate  of  Proceedings. — A  copy  of  the  proceedings  of  this  meet- 
ing, giving  the  number  of  persons  present,  the  votes  taken,  the  notice 
calling  the  meeting,  the  proof  of  its  publication,  the  amount  of  capital 
actually  subscribed,  and  by  whom,  all  duly  certified  by  the  president 
and  secretary  of  the  corporation,  must  be  filed  in  the  office  of  the  Secre- 
tary of  State  and  clerk  of  the  county  where  the  articles  of  incorpora- 
tion are  filed.  Thereafter  such  corporation  is  possessed  of  all  the  rights 
and  powers,  and  is  subject  to  all  the  obligations,  restrictions,  and  limita- 
tions, as  if  it  had  been  originally  created  with  a  capital  stock. 

§  30.  Safe  Deposit  Department. — Any  bank  may  conduct  a  safe 
deposit  department,  but  shall  not  invest  more  than  one-tenth  of  its 
capital  and  surplus  in  such  safe  deposit  department. 

§  31.  Sale  of  Business. — Any  bank  may  sell  the  whole  of  its  busi- 
ness or  the  whole  of  the  business  of  any  of  its  departments  to  any  other 
bank  which  may  purchase  such  business  after  obtaining  the  consent  of 
the  stockholders  of  the  selling  and  of  the  purchasing  banks  holding  of 
record  at  least  two-thirds  of  the  issued  capital  stock  of  each  of  such 
corporations;  such  consent  to  be  expressed  either  in  writing  executed 
and  acknowledged  by  such  stockholders  and  attached  to  the  instrument 
of  sale,  or  to  a  copy  thereof,  or  by  a  vote  at  a  stockholders'  meeting  of 
each  of  such  banks  called  for  that  purpose. 

Agreement  of  Sale  and  Purchase.— The  selling  and  purchasing 
banks  must  for  such  purposes  enter  into  an  agreement  of  sale  and  pur- 
chase, which  agreement  shall  contain  all  the  terms  and  conditions  con- 


214  hillyer's  legal  manual. 

nected  with  such  sale  and  purchase.  Such  agreement  shall  contain 
proper  provision  for  the  payment  of  liabilities  of  the  selling  bank  or 
of  the  department  sold,  and  in  this  particular  shall  be  subject  to  the 
approval  of  the  superintendent  of  banks;  and  shall  not  be  valid  until 
such  approval  is  obtained.  Such  agreement  may  contain  provisions 
for  the  transfer  of  all  deposits  to  the  purchasing  bank,  subject,  how- 
ever, to  the  right  of  every  depositor  of  the  selling  bank  to  withdraw 
his  deposit  in  full  on  demand  after  such  transfer,  irrespective  of  the 
terms  under  which  it  was  deposited  with  the  selling  bank. 

Rights  of  Creditors,  Depositors,  Trustees  and  Beneficiaries  of  Trusts. 
The  rights  of  creditors  of  the  selling  bank  shall  not  in  any  manner  be 
impaired  by  any  such  sale,  nor  shall  any  liability  or  obligation  for  the 
payment  of  any  money  due  or  to  become  due,  or  any  claim  or  demand, 
in  any  manner,  or  for  any  cause  existing  against  such  selling  bank  or 
against  any  stockholder  thereof,  be  in  any  manner  released  or  impaired, 
and  all  the  rights,  obligations  and  relations  of  all  the  parties,  creditors, 
depositors,  trustees  and  beneficiaries  of  trusts  shall  remain  unimpaired 
by  the  sale,  but  such  bank  to  which  the  other  shall  sell  all  its  business 
or  all  the  business  of  any  of  its  departments,  shall  succeed  to  all  such 
relations,  obligations,  trusts  and  liabilities  and  be  held  liable  to  pay 
and  discharge  all  such  debts  and  liabilities  and  to  perform  all  such 
trusts  of  the  selling  bank  in  the  same  manner  as  if  such  bank  to  which 
the  other  had  sold  had  itself  incurred  the  obligation  or  liability  or  as- 
sumed the  relation  of  trust,  and  the  stockholders  of  the  respective  cor- 
porations so  entering  into  such  agreement  shall  continue  subject  to  all 
the  liabilities,  claims  and  demands  existing  against  them  as  such  at  or 
before  such  sale. 

Notice. — Immediately  after  the  execution  of  such  agreement  of  sale 
and  purchase  notice  thereof  shall  be  published  for  at  least  four  succes- 
sive weeks  in  a  newspaper  in  each  of  the  counties  of  the  State  in  which 
either  of  such  banks  shall  have  its  principal  place  of  business. 

Limitation  of  Action. — Provided,  however,  that  no  action  can  be 
brought  against  such  selling  bank  or  any  of  its  stockholders  on  account 
of  an^  deposits  so  transferred  after  the  expiration  of  one  year  from  the 
last  day  of  publication  herein  required. 

Affidavit  Showing  Publication. — An  affidavit  showing  such  publica- 
tion shall  be  filed  in  the  office  of  the  superintendent  of  banks  within 
ten  days  after  the  last  publication  thereof.  The  affairs  of  such  sell- 
ing bank,  or  selling  department  of  a  bank,  shall  remain  subject  to  the 
provisions  of  this  act. 

§  31a.  Consolidation. — Any  bank  incorporated  under  the  laws  of 
this  State  may  consolidate  with  one  or  more  banks  incorporated  under 
the  laws  of  this  State,  its  capital  stock,  properties,  trusts,  claims, 
demands,  contracts,  agreements,  obligations,  debts,  liabilities  and 
assets  of  every  kind  and  description,  upon  such  terms  and  in  such 
manner  as  may  be  agreed  upon  by  their  respective  boards  of  directors, 
a  copy  of  which  agreement  must  be  filed  in  the  office  of  the  superin- 
tendent of  banks. 

Approval  of  Superintendent. — Provided,  that  such  agreement  shall 
be  subject  to  the  approval  of  the  superintendent  of  banks  and  shall 
not  be  valid  until  such  approval  be  obtained. 


CALIFORNIA  BANK  ACT.  215 

Ratification. — Provided,  further,  that  no  such  consolidation  shall 
take  effect  until  such  agreement  shall  have  been  ratified  and  confirmed 
in  writing  by  the  stockholders  of  the  respective  banks  holding  of 
record  at  least  two-thirds  of  the  issued  capital  stock  of  their  re- 
spective banks,  or  such  agreement  may  be  submitted  to  the  stock- 
holders of  each  of  such  corporations  at  a  meeting  thereof  to  be  called, 
upon  notice  specifying  the  time,  place  and  object  thereof,  addressed 
to  each  stockholder  at  his  last  known  postoffice  address  and  deposited 
in  the  postoffice,  postage  prepaid,  at  least  two  weeks  prior  to  the  date 
fixed  for  said  meeting,  and  published  for  at  least  two  successive 
weeks,  prior  to  the  date  of  said  meeting,  in  a  newspaper  in  each  of 
the  counties  of  the  State  in  which  any  of  such  banks  shall  have  its 
principal  place  of  business,  and  if  such  agreement  shall  be  approved 
at  each  of  such  meetings  of  the  respective  stockholders  separately  by 
the  vote  or  ballot  of  the  stockholders  owning  at  least  two-thirds  of 
the  stock  of  each  such  bank,  the  same  shall  be  the  agreement  of  such 
banks. 

Articles  of  Incorporation  and  Consolidation. — In  case  of  such  con- 
solidation "articles  of  incorporation  and  consolidation"  must  be  pre- 
pared, setting  forth: 

First — The  name  of  the  new  corporation; 

Second — The  purpose  for  which  it  is  formed ; 

Third — The  place  where  its  principal  business  is  to  be  transacted; 

Fourth^The  term  for  which  it  is  to  exist,  which  shall  not  exceed 
fifty  years; 

Fifth — The  number  of  its  directors  (which  shall  not  be  less  than 
three)  and  the  names  and  residences  of  the  persons  appointed  to  act 
as  such  until  their  successors  are  elected  and  qualified ; 

Sixth — The  amount  of  its  capital  stock  and  the  number  of  shares  into 
which  it  is  divided; 

Seventh — The  amount  of  stock  actually  subscribed,  and  by  whom; 

Eighth — The  names  of  the  constituent  corporations. 

Articles  must  be  Signed  and  Sealed. — Said  articles  of  incorporation 
and  consolidation  must  be  signed  and  countersigned  by  the  president 
and  secretary  of  each  constituent  corporation  and  sealed  with  their 
corporate  seals. 

Approval  of  Superintendent  and  Memoranda  of  Ratification. — 
There  must  be  annexed  thereto  the  approval  of  the  superintendent 
of  banks  and  memoranda  of  the  ratification  and  confirmation  thereof 
by  the  stockholders  of  each  constituent  corporation,  which  must  be 
respectively  signed  and  acknowledged  by  stockholders  representing 
at  least  two-thirds  of  the  capital  stock  of  their  respective  corpora- 
tions. 

Filing. — When  completed  as  aforesaid  articles  must  be  filed  in  the 
office  of  the  county  clerk  of  the  county  in  which  is  located  the  prin- 
cipal place  of  business  of  the  new  corporation,  and  a  copy  of  the  arti- 
cles  of  incorporation  and  consolidation  certified  by  such  county  clerk 
must  be  filed  in  the  office  of  the  Secretary  of  State,  and  a  copy  of  the 
articles  of  incorporation  and  consolidation  certified  by  said  Secretary 
of  State  must  be  filed  in  the  office  of  the  superintendent  of  banks,  and 


216  hillyer's  legal  manual. 

also  in  the  office  of  the  county  clerk  of  any  county  in  which  were  filed 
the  original  articles  of  incorporation  of  either  of  the  constituent  cor- 
porations. 

Efifect  of  Consolidation. — And  thereupon  each  constituent  corpora- 
tion named  therein  must  be  deemed  and  held  to  have  become  extinct 
in  all  courts  and  places,  and  said  new  corporation  must  be  deemed 
and  held  in  all  courts  and  places  to  have  succeeded  to  all  their  several 
capital  stocks,  properties,  trusts,  claims,  demands,  contracts,  agree- 
ments, assets,  choses  and  rights  in  action  of  every  kind  and  descrip- 
tion, both  at  law  and  in  equity,  and  to  be  entitled  to  possess,  enjoy, 
and  enforce  the  same  and  every  thereof,  as  fully  and  completely  as 
either  and  every  of  its  constituents  might  have  done  had  no  con- 
solidation taken  place.  Said  consolidated  or  new  corporation  must 
also,  in  all  courts  and  places,  be  deemed  and  held  to  have  become 
subrogated  to  its  several  constituents  and  each  thereof,  in  respect  to 
all  their  contracts  and  agreements  with  other  parties,  and  all  their 
debts,  obligations,  and  liabilities,  of  every  kind  and  nature,  to  any 
persons,  corporations,  or  bodies  politic,  whomsoever,  or  whatsoever, 
and  said  new  corporation  must  sue  and  be  sued  in  its  own  name  in 
any  and  every  case  in  which  any  or  either  of  its  constituents  might 
have  sued  or  might  have  been  sued  at  law  or  in  equity  had  no  such 
consolidation  been  made. 

Obligation  of  Contracts  not  Impaired  by  Consolidation. — Nothing 
in  this  section  contained  shall  be  construed  to  impair  the  obligation 
of  any  contract  to  which  any  of  such  constituents  were  parties  at 
the  date  of  such  consolidation.  All  such  contracts  may  be  enforced 
by  action  or  suit,  as  the  case  may  be,  against  the  consolidated  cor- 
poration, and  satisfaction  obtained  out  of  the  property  which,  at  the 
date  of  the  consolidation,  belonged  to  the  constituent  which  was  a 
party  to  the  contract  in  action  or  suit,  as  well  as  out  of  any  other 
property  belonging  to  the  consolidated  corporation,  and  the  stock- 
holders of  each  constituent  corporation  so  entering  into  such  agree- 
ment shall  continue  subject  to  all  the  liabilities,  claims  and  demands 
existing  against  them  at  or  before  such  consolidation  to  the  same  ex- 
tent as  if  the  same  had  not  been  made. 

Right  of  New  Corporation  to  Effect  any  Organic  Change. — The 
right  of  said  new  corporation  to  increase  or  decrease  its  capital  stock, 
to  change  the  number  of  its  directors,  to  amend  its  articles  of  incor- 
poration, to  change  its  principal  place  of  business,  or  its  name,  or  to 
effect  any  other  organic  change  shall  be  governed  by  the  general  cor- 
poration laws  of  this  State  and  by  the  bank  act,  and  the  procedure 
to  effect  any  such  change  shall  be  that  defined  by  the  general  corpora- 
tion laws  and  the  bank  act. 

§  32.     Trust  Funds  not  to  be  Mingled  or  Carried  as  Reserve. — Any 

bank  receiving  trust  funds  in  accordance  with  the  provisions  of  this 
act  relating  to  trust  companies  must  not  mingle  such  trust  funds  with 
the  other  assets  of  the  corporation,  except  as  otherwise  provided  in 
section  25  of  this  act,  and  such  funds  shall  not  be  carried  or  counted 
as  any  part  of  the  lawful  money  reserve  provided  for  in  this  act. 


CALIFORNIA  BANK  ACT.  217 

Penalty. — The  officers  of  any  bank  who  knowingly  violate  or  con- 
sent to  the  violation  of  this  provision  shall  be  guilty  of  a  felony. 
§  33.     [Repealed  1913.] 

§  34.  No  Bank  to  Invest  in  or  Loan  on  Its  Own  Capital  Stock- 
Penalty. — No  bank  shall  purchase  or  invest  its  capital  or  surplus 
or  money  of  its  depositors,  or  any  part  of  either,  in  shares  of  its  own 
capital  stock;  nor  loan  its  capital  or  surplus  or  the  money  of  its  de- 
positors, or  any  part  of  either,  on  shares  of  its  own  capital  stock, 
unless  such  purchase  or  loan  shall  be  necessary  to  prevent  loss  to  such 
bank  on  debts  previously  contracted  in  good  faith.  Every  person 
or  corporation  violating  any  provision  of  this  section  shall  forfeit  to 
the  people  of  the  State  twice  the  nominal  amount  of  such  stock. 

§  35.  Certain  Transactions  Respecting  Real  Estate  Securities  and 
Contracts  Forbidden. — ^No  director,  or  officer,  or  employee,  or  con- 
trolling stockholder  of  any  bank  shall,  directly  or  indirectly,  for  his 
own  account,  for  himself,  or  as  the  partner  or  agent  of  others,  sell  or 
transfer,  or  cause  to  be  sold  or  transferred  to  the  bank  of  which  he 
is  a  director,  officer,  employee,  or  controlling  stockholder,  any  note 
or  bond  secured  by  any  mortgage  or  trust  deed  on  real  estate  or  any 
contract  arising  from  the  sale  of  real  estate  in  which  such  director,  or 
officer,  or  employee,  or  controlling  stockholder  is  personally  or  finan- 
cially interested,  without  the  consent  in  writing  of  the  superintend- 
ent of  banks. 

Penalty. — Any  director,  or  officer,  or  employee,  or  controlling  stock- 
holder of  any  bank  who  knowingly  violates  or  consents  to  the  viola- 
tion of  this  provision  shall  be  guilty  of  a  felony. 

§  36.  Underwriting  and  Guaranteeing  Bond  Issues — How  Re- 
stricted.— No  bank  receiving  deposits  of  money  shall  purchase,  agree 
to  purchase,  underwrite  or  guarantee  any  bond  issue  in  excess  of  five 
per  centum  of  its  assets,  except  bonds  of  the  United  States,  of  the 
State  of  California,  of  the  cities  and  counties,  counties  or  school  dis- 
tricts of  this  State. 

§  37.  Purchase  of  Stock  of  Corporations  Forbidden — Stock  Ac- 
quired to  be  Sold. — No  bank  shall  purchase  or  invest  its  capital  or  sur- 
plus or  money  of  its  depositors,  or  any  part  of  either,  in  the  capital  stock 
of  any  corporation  unless  the  purchase  or  acquisition  of  such  capital 
stock  shall  be  necessary  to  prevent  loss  to  the  bank  on  a  debt  previously 
contracted  in  good  faith.  Any  capital  stock  so  purchased  or  acquired 
shall  be  sold  by  such  bank  within  six  months  thereafter  if  it  can  be  sold 
for  the  amount  of  the  claim  of  such  bank  against  it ;  and  all  capital  stock 
thus  purchased  or  acquired  must  be  sold  for  the  best  price  obtainable 
by  said  bank  within  one  year  after  such  purchase  or  acquisition. 

Penalty. — Every  person  or  corporation  violating  any  provision  of 
this  section  shall  forfeit  to  the  people  of  the  State  twice  the  nominal 
amount  of  such  stock. 

§  38.  False  Entries,  Omissions,  False  Statements,  etc.,  by  Directors, 
Officers  or  Agents. — A  director,  officer,  agent  or  employee  of  any  bank 
who. 


218  hillyer's  legal  manual. 

First — Knowingly  receives  or  possesses  himself  of  any  of  its  property 
otherwise  than  in  payment  for  a  just  demand,  and  with  intent  to  de- 
fraud, omits  to  make  or  to  <»ause  or  direct  to  be  made  a  full  and  true 
entry  thereof  in  its  bool^  and  accounts ;  or. 

Second — Concurs  in  omitting  to  make  any  material  entry  thereof ;  or, 

Third — Knowingly  concurs  in  making  or  publishing  any  written  re- 
port, exhibit  or  statement  of  its  affairs  or  pecuniary  condition  contain- 
ing any  material  statement  which  is  false ;  or, 

Fourth — Having  the  custody  or  control  of  its  books,  w^illfully  refuses 
or  neglects  to  make  any  proper  entry  in  the  books  of  such  corporation 
as  required  by  law%  or  to  exhibit  or  allow  the  same  to  be  inspected  and 
extracts  to  be  taken  therefrom  by  the  superintendent  of  banks,  his  chief 
deputy  or  any  of  his  examiners,  shall  be  guilty  of  a  felony. 

§  39.  Overdrafts  and  Receipt  of  Commission  on  Loans  by  Officers, 
Directors  or  Employees. — Any  officer,  director,  agent,  teller,  clerk  or 
employee  of  any  bank  who  either. 

First — Knowingly  overdraws  his  account  with  such  bank,  and  thereby 
obtains  the  money,  notes  or  funds  of  any  such  bank ;  or. 

Second — Asks  or  receives  or  consents  or  agrees  to  receive  any  com- 
mission, emolument,  gratuity  or  rew^ard,  or  any  money,  property  or  thing 
of  value,  for  his  own  personal  benefit,  or  of  personal  advantage,  for  pro- 
curing or  endeavoring  to  procure  for  any  person,  firm  or  corporation 
any  loan  from,  or  the  purchase  or  discount  of  any  paper,  note,  draft, 
check  or  bill  of  exchange,  by  such  bank,  or  for  permitting  any  person, 
firm  or  corporation  to  overdraw  any  account  with  such  bank,  is  guilty 
of  a  felony. 

§  40.  Contracts  Waiving  Stockholders'  Liability  Void. — No  bank 
mentioned  in  this  act  shall  make  any  contract  with  any  of  its  depositors 
whereby  the  stockholders'  liability  provided  for  by  the  constitution  of 
this  State  is  in  any  manner  waived,  and  if  any  such  contract  shall  be  so 
made,  such  contract  shall  be  void. 

§  41.    Purchase  of  Obligation  of  Bank  for  Less  Than  Face  Value.— 

No  officer,  director,  agent,  or  other  employee  of  any  bank  shall 
directly  or  indirectly,  for  his  own  personal  benefit,  purchase,  or  be 
interested  in  the  purchase  of  any  obligation  of  said  bank  for  a  less  sum 
than  shall  appear  upon  the  face  of  such  obligation  to  be  the  value  thereof. 
Every  person  violating  any  provision  of  this  section,  shall  for  each  of- 
fense forfeit  to  the  people  of  the  State,  three  times  the  face  value  of 
any  such  obligation  so  purchased. 

§  42.  Purchase  of  Assets  of  Bank  for  Less  Than  Current  Market 
Value. — No  officer,  director,  agent  or  other  employee  of  any  bank, 
shall  directly  or  indirectly,  for  his  own  personal  benefit,  purchase,  or  be 
interested  in  the  purchase  of  any  of  the  assets  of  said  bank  for  a  less 
sum  than  the  current  market  value  thereof.  Every  person  violating  any 
provision  of  this  section,  shall,  for  each  offense,  forfeit  to  the  people  of 
the  State,  twice  the  nominal  amount  of  any  such  assets  so  purchased. 

§  43.  Depositary  Bank,  How  Designated. — No  bank  shall  deposit 
any  of  its  funds  in  any  other  bank  unless  such  other  bank  has  been 
designated  as  a  depositary  for  its  funds  by  the  vote  of  a  majority  of  the 
directors,  or  trustees  of  'the  bank  making  the  deposit,  exclusive  of  the 


CALIFORNIA  BANK  ACT.  219 

vote  of  any  director  who  is  an  officer,  director,  or  trustee  of  the  deposit- 
ary so  desig-nated;  provided,  however,  that  any  bank  may  designate  any 
other  bank  its  depositary  by  vote  of  a  majority  of  its  directors,  including 
the  vote  of  any  director  or  trustee  who  is  an  officer,  director  or  trustee 
of  the  depositary  so  designated,  if  such  bank  has  secured  the  previous 
approval  of  the  superintendent  of  banks,  which  approval  he  may  at  any 
time  revoke  for  proper  cause. 

§  44.  Loans  Secured  by  Stock  of  Another  Bank. — No  bank  shall 
hereafter  make  a  loan  secured  by  the  stock  of  another  bank,  if  by  making 
such  loan  the  total  stock  of  such  other  bank  held  by  such  loaning  bank 
as  collateral  will  exceed  in  the  aggregate  twenty-five  per  centum  of  the 
capital  stock  of  such  other  bank ;  provided,  that  no  loan  upon  the  capital 
stock  of  any  bank  shall  be  made  unless  such  bank  has  been  in  existence 
at  least  two  years  and  has  earned  and  paid  a  dividend  upon  its  capital 
stock. 

Limit  on  Loans  upon  Capital  Stock  of  Corporations. — And  provided, 
further,  that  no  bank  may  loan  more  than  five  per  centum  of  its  assets 
upon  the  capital  stock  of  any  corporation  whatsoever  as  collateral 
security. 

§  45.  Interest  Unpaid,  not  Included  in  Profits. — Interest  unpaid, 
although  due  or  accrued,  on  debts  owing  to  any  bank,  shall  not  be 
included  in  calculation  of  its  profits  previous  to  a  dividend. 

§  46.    Limit  on  Loans  or  on  Investments  in  Single  Bond  Issue. — No 

bank  shall  invest  or  loan  more  than  five  per  centum  of  its  assets  in  any 
one  bond  issue,  except  bonds  of  the  United  States,  of  the  State  of  Cali- 
fornia, of  the  counties,  cities  and  counties,  cities  or  school  districts  of 
this  State. 

§  47.  Loans  by  Commercial  Banks  on  Real  Estate. — No  commercial 
bank  shall,  except  for  the  purpose  of  facilitating  the  sale  of  property 
owned  by  the  bank,  make  any  loan  on  the  security  of  real  estate,  unless 
it  is  a  first  lien  and  is  either 

(1)  Made  for  a  period  of  time  not  exceeding  six  months  and  upon 
securit.y  worth  fifteen  per  centum  more  than  the  market  value  of  the 
real  estate  taken  as  security ;  or 

(2)  Made  for  a  period  of  time  exceeding  six  months  and  not  exceed- 
ing ten  years  and  does  not  exceed  sixty  per  centum  of  the  market  value 
of  the  real  estate  taken  as  security. 

No  commercial  bank  shall  loan  in  the  aggregate  more  than  thirty-five 
per  centum  of  its  assets  on  real  estate  loans  of  the  character  specified 
in  subdivision  2  of  this  section.  These  provisions,  however,  shall  not 
prevent  any  bank  from  taking  another  and  immediately  subsequent 
mortgage  or  deed  of  trust  thereon  when  it  already  holds  a  first  mortgage 
or  deed  of  trust  on  such  real  estate,  nor  from  accepting  a  second  lien  on 
real  estate  to  secure  the  repayment  of  a  debt  previously  contracted  in 
good  faith ;  nor  shall  it  prevent  subsequent  liens  of  any  kind  from  being 
taken  to  secure  the  payment  of  a  debt  previously  contracted  in  good 
faith  when,  in  the  judgment  of  the  directors  of  such  bank,  such  sub- 
sequent liens  are  necessary  further  to  secure  the  payment  of  any  debts 
and  save  such  bank  from  loss. 


220  hillyeb's  legal  manual. 

§  48.  Examination  of  National  Banks  Receiving  Deposits  of  State 
Banks. — Any  national  bank  in  this  State  receiving  the  deposits  of 
any  bank  organized  and  conducting  business  under  this  act,  must,  at  the 
request  of  the  superintendent  of  banks,  submit  to  an  examination  by 
him,  or  his  duly  appointed  examiners,  should  the  superintendent  of 
banks  in  his  discretion  deem  it  necessary  or  desirable  that  such  exam- 
ination be  made;  and  the  expense  of  such  examination  shall  be  paid 
b}^  such  national  bank;  and  if  any  such  national  bank  shall  refuse  to 
permit  such  examination  to  be  made  by,  or  under  the  direction  of,  the 
superintendent  of  banks,  then  the  superintendent  of  banks  shall  notify 
in  writing  every  bank  depositing  its  funds  with  such  national  bank,  to 
wdthdraw  its  deposits  therefrom,  and  all  such  banks  shall  comply  with 
such  order. 

§  49.  No  Bank  Except  Savings  Banks  and  Banks  Having  Savings 
Department  to  Do  Any  Acts  Restricted  to  Savings  Banks. — It  shall 
not  be  lawful  for  any  commercial  bank,  individual,  trust  company,  as- 
sociation, firm,  stock  company,  copartnership  or  corporation,  to  adver- 
tise or  put  forth  a  sign  as  a  savings  bank,  either  directly  or  indirectly 
or  in  any  way  to  solicit  or  receive  deposits  or  to  transact  business  in  the 
way  or  manner  of  a  savings  bank,  or  advertise  that  he  or  it  is  receiving 
or  accepting  savings,  or  in  any  way  which  might  lead  the  public  to  be- 
lieve that  such  deposits  are  received  or  invested  under  the  same  condi- 
tions or  in  the  same  manner  as  deposits  in  savings  banks,  except  in  the 
case  of  savings  banks  or  banks  having  savings  departments,  subject  to  the 
provisions  of  this  act. 

Penalty. — Any  commercial  bank,  individual,  trust  company,  associa- 
tion, firm,  stock  company,  copartnership  or  corporation,  violating  any 
provision  of  this  section  shall  forfeit  to  this  State  one  hundred  dollars 
a  day  for  every  day  during  which  such  violation  continues. 

§  50.  Bank  to  Post  Last  Certificate. — ^Every  bank  shall  post  in  a 
conspicuous  place  in  its  banking-room  or  branch  office  the  last  certifi- 
cate obtained  from  the  superintendent  of  banks  under  the  provisions 
of  either  section  9  or  127  of  this  act. 

§  51.  Deposit  Until  Further  Order  of  Court. — Any  court  hav- 
ing appointed  and  having  jurisdiction  of  any  executor,  administrator, 
guardian,  assignee,  receiver,  depositary  or  trustee,  upon  the  application  of 
such  executor,  administrator,  guardian,  assignee,  receiver,  depositary  or 
trustee,  or  upon  the  application  of  any  person  having  an  interest  in  the 
estate  administered  upon  by  such  officer  or  trustee,  after  notice  to  other 
parties  in  interest  as  the  court  may  direct,  and  after  a  hearing  upon  such 
application,  may  authorize  such  officer  or  trustee  to  deposit  any  money 
then  in  his  hands  as  such  officer  or  trustee  or  which  may  thereafter 
come  into  his  hands,  and  until  the  further  order  of  the  court,  in  any 
bank  organized  under  the  laws  of  the  State  of  California ;  and  upon 
such  deposit  being  made,  the  officer  or  trustee  so  depositing  the  same 
shall  thereafter  and  while  such  moneys  remain  on  deposit  in  such  bank, 
be  relieved  and  discharged  from  all  liability  and  responsibility  there- 
for, and  the  bond  required  of  such  officer  or  trustee  given  upon  his 
appointment  shall  be  thereupon  by  said  court  reduced  to  such  an 
amount  as  the  Court  may  deem  reasonable;  such  deposit  shall  be  re- 


CALIFORNIA  BANK  ACT.  221 

paid  only  upon  the  orders  of  said  court,  and  shall  be  a  preferred  claim 
against  such  bank  and  be  paid  in.  full  before  any  other  depositor  of 
such  bank  shall  have  been  paid. 

§  52.  Check  Certified  to  be  Immediately  Charged. — Whenever  a 
check  drawn  on  any  bank  is  certified  by  any  officer  or  employee  of 
such  bank,  the  amount  thereof  shall  be  immediately  charged  against 
the  account  of  the  person,  firm  or  corporation  drawing  the  same. 

Unlawful  to  Certify  Check  Unless  Person  Drawing  has  Deposit 
Equal  to  Amount  in  Check. — It  shall  be  unlawful  for  any  officer  or 
employee  of  any  bank  to  certify  any  check  drawn  upon  such  bank 
unless  the  person  or  firm  or  corporation  drawing  the  check  has  on 
deposit  with  the  bank  at  the  time  such  check  is  certified,  an  amount  of 
money  subject  to  the  payment  of  such  check,  equal  to  the  amount 
specified  in  such  check. 

Penalty. — Any  officer  or  employee  of  any  bank  who  shall  willfully 
violate  the  provisions  of  this  section,  or  shall  resort  to  any  device,  or 
receive  any  fictitious  obligations,  directly  or  indirectly,  in  order  to 
evade  the  provisions  hereof,  or  who  shall  certify  checks  before  the 
amount  thereof  shall  have  been  regularly  entered  to  the  credit  of  the 
drawer,  shall  be  guilty  of  a  felony. 

§  53.  Capital  Stock — Par  Value — Paid-up  Value  Indorsed  on  Cer- 
tificate— Preferred  Stock. — The  capital  stock  of  any  bank  having  a 
capital  stock  shall  have  a  par  value  of  at  least  one  hundred  dollars 
and  the  paid-up  value  shall  be  indorsed  on  the  face  of  each  certificate 
issued,  which  paid-up  value  shall  be  the  same  on  all  certificates  issued. 
No  bank  shall  have  preferred  stock. 

§  54.  Real  Estate  not  Necessary  for  Carrying  Business  must  be 
Sold  Within  Five  Years. — All  real  estate  purchased  by  any  bank  at 
sales  under  pledges,  mortgages  or  deeds  of  trust  for  its  benefit  for 
money  loaned  and  such  as  may  be  conveyed  to  it  by  borrowers  in  satis- 
faction and  discharge  of  loans  made  thereon  and  all  other  real  estate 
owned  or  held  by  it,  which  is  not  necessary  for  carrying  on  its  business, 
must  be  sold  by  such  bank  within  five  years  after  title  thereto  shall  have 
vested  in  it  by  purchase  or  otherwise. 

Proceedings  to  Compel  Sale  of  Real  Estate  Held  in  Violation  of 
Law. — Parcels  of  such  real  estate  not  sold  within  said  time  may  be  pur- 
chased by  any  person  wanting  the  same  upon  the  conditions  and  pro- 
ceedings following: 

Petition. — The  intending  purchaser  may  file  a  petition  in  the  su- 
perior court  in  and  for  the  county  wherein  said  real  estate  or  any  por- 
tion thereof  is  situated. 

Citation. — Upon  the  filing  of  such  petition  a  citation  shall  be  issued 
out  of  said  court  directed  to  the  bank  owning  such  real  estate  requiring 
such  hank  to  show  cause  on  a  day  certain  which  shall  be  not  earlier  than 
ten  days  after  the  service  of  such  citation,  why  commissioners  should  not 
be  appointed  by  said  court  for  the  purpose  of  appraising  the  value  of  the 
real  estate  described  in  the  petition  and  of  selling  the  same  at  public  auc- 
tion under  the  provisions  of  this  section. 


222 

Liens  or  Encumbrances. — If  there  shall  be  any  liens  or  encum- 
brances of  record  against  such  real  estate  the  person  or  persons  holding 
such  liens  or  encumbrances  shall  likewise  be  cited  and  the  court  shall 
in  its  final  decree  distribute  the  proceeds  of  such  sale,  if  a  sale  thereof 
shall  be  made,  according  to  the  equities  of  the  parties. 

Hearing. — If  it  shall  appear  at  the  hearing  of  such  petition  that 
the  real  estate  therein  sought  to  be  purchased  is  held  by  such  bank  in 
violation  of  the  provisions  of  this  section  or  of  the  constitution  of  this 
State,  the  court  shall  appoint  three  commissioners  to  appraise  the  value 
thereof  and  sell  the  same  at  public  auction  at  the  county  seat  of  the 
county  wherein  said  real  estate  or  any  part  thereof  is  located. 

Notice  of  Sale. — Notice  of  which  said  sale  shall  be  given  to  the  bank 
owning  said  real  estate  and  to  any  other  persons  interested  therein  as 
shown  by  the  records  of  such  county  at  least  ten  days  before  the  date 
of  such  sale  and  shall  be  published  once  a  week  for  three  successive 
weeks  in  some  newspaper  published  in  the  county  where  such  real  estate 
or  any  part  thereof  may  be  located,  or  if  no  newspaper  shall  be  published 
in  such  county,  then  in  a  newspaper  published  in  some  neighboring 
county.  Such  notice  shall  state  the  time  and  place  of  such  sale  and  shall 
describe  the  real  estate  to  be  sold  with  common  certainty  and  state  the 
value  thereof  as  fixed  by  the  appraisement  of  such  commissioners  and 
state  that  no  bid  less  than  such  appraised  value  will  be  received  therefor. 

Sale. — No  sale  shall  be  made  for  an  amount  less  than  the  appraised 
value  of  such  real  estate  fixed  by  said  commissioners,  and  in  the  event 
that  no  bid  is  received  at  such  sale  at  least  equal  to  said  appraised  value 
of  said  real  estate  no  intending  purchaser  can  institute  the  proceedings 
provided  for  in  this  section  within  one  year  thereafter. 

Conveyances  and  Releases. — In  case  of  any  sale  made  under  the  pro- 
visions of  this  section  and  of  the  refusal  of  any  bank  owning  such  real 
ostate  or  of  any  lienholder  or  encumbrancer  to  execute  the  conveyances 
or  releases  necessary  or  proper  to  vest  the  title  of  such  bank,  lienholder 
or  encumbrancer  in  the  purchaser  thereof  the  court  shall  have  power 
in  such  proceedings  to  direct  said  commissioners  to  execute  such  deeds, 
conveyances  or  releases  upon  the  payment  to  them  of  the  purchase  price 
therefor. 

Fees. — The  fees  of  such  commissioners  and  cost  of  sale  shall  be  fixed 
by  the  court,  upon  making  such  appointment,  but  the  entire  expense 
thereof  shall  not  exceed  one  hundred  dollars. 

Cost. — The  cost  of  any  such  proceedings  shall  be  borne  by  the  in- 
tending purchaser  if  no  sale  shall  be  made,  but  if  a  sale  shall  be  made 
the  costs  of  such  proceedings  shall  be  borne  by  the  purchaser  of  the 
property  and  the  person  who  filed  the  petition  and  advanced  the  costs 
of  such  proceedings  shall  be  reimbursed  in  case  he  shall  not  become  such 
purchaser. 

Return  of  Sale. — All  sales  hereunder  shall  be  returned  to  the  court 
having  jurisdiction  of  the  matter  in  the  same  manner  as  in  the  case  of 
sales,  by  commissioners,  of  real  estate  on  foreclosure  of  mortgages. 

Power  of  Superintendent  to  Require  Writing  Down  Value. — Noth- 
ing in  this  section  contained  shall  be  deemed  to  affect  the  power  of  the 
superintendent  of  banks  to  require  the  writing  down  of  the  value  of 


CALIFORNIA  BANK  ACT.  223 

real  estate  held  by  any  bank,  at  any  time,  when  such  writing  down  shall 
be  proper. 

§  55.  Creation  of  Debt  and  Indebtedness  Construed. — Receiving 
deposits,  issuing  certificates  of  deposit,  checks  and  bills  of  exchange,  and 
the  like,  in  the  transaction  of  the  ordinary  business  of  a  bank,  must  not 
be  construed  to  be  the  creation  of  debt  within  the  meaning  of  the  phrase 
"create  debt"  in  section  309  of  the  Civil  Code,  nor  of  indebtedness 
within  the  meaning  of  the  phrase  ' '  the  capital  stock  cannot  be  dimin- 
ished to  an  amount  less  than  the  indebtedness  of  the  corporation"  in  sec- 
tion 359  of  the  Civil  Code,  except  that  no  bank  shall  reduce  its  capital 
stock  to  an  amount  less  than  is  required  by  this  act  to  be  maintained  by 
such  bank,  or  less  than  any  indebtedness  of  such  bank  other  than  such 
deposits. 

"Real  Estate,"  "Real  Property,"  and  "Personal  Property"  Con- 
strued.— The  terms  "real  estate,"  or  "real  property,"  or  "personal 
property,"  when  used  in  this  act  shall  have  the  meaning  defined  in, 
and  shall  be  construed  in  accordance  with  the  provisions  of  title  I  of  part 
I  of  division  second  of  the  Civil  Code. 

§  56.    Banks  Authorized  to  Join  National  Reserve  Association. — 

Any  bank  organized  and  existing  under  the  laws  of  this  State  is  hereby 
authorized  and  empowered  to  join  or  associate  itself  with  any  "national 
reserve  association  of  the  United  States"  or  branch  thereof,  or  any  plan 
now  or  hereafter  created  or  established  by  act  of  Congress  whether  such 
banking  or  currency  association  or  plan  be  created  by  Congress  under 
the  above  or  any  other  name.  Nothing  in  this  act  shall  prohibit  any 
such  bank- from  joining  or  associating  itself  with  any  such  association  or 
plan  or  branch  thereof  nor  from  investing  any  part  of  its  capital  or  sur- 
plus in  the  stock  of  such  association,  plan  or  branch  thereof  in  accord- 
ance with  the  terms  and  provisions  of  such  act  of  Congress;  provided, 
however,  that  such  investment  shall  in  no  case  exceed  the  minimum 
amount  required  to  join  or  associate  itself  with  such  association,  plan 
or  branch  thereof.  Any  bank  joining  or  associating  itself  with  such 
association,  plan  or  branch  thereof  shall  be  permitted  to  conform  to  and 
transact  its  business  in  accordance  with  the  terms  and  provisions  of  such 
act  of  Congress  creating  the  same  and  the  rules  and  regulations  of  such 
association,  plan  or  branch  thereof,  anything  in  this  act  to  the  contrary 
notwithstanding. 

ARTICLE  II. 

Savings  Banks. 

§  60.  Paid-up  Capital  Stock. — Every  savings  bank  hereafter  or- 
ganized must  have  paid  up  in  cash  a  capital  stock  of  not  less  than 

(a)  Population  not  Exceeding  5,000. — Twenty-five  thousand  dol- 
lars if  its  principal  place  of  business  is  located  in  any  locality 
the  population  of  which  does  not  exceed  five  thousand  persons ; 

(b)  Population  More  than  5,000,  not  Exceeding*  25,000. — ^Fifty 
thousand  dollars  if  its  principal  place  of  business  is  located  in 
any  city  the  population  of  which  is  more  than  five  thousand 
persons,  but  does  not  exceed  twenty-five  thousand  persons; 


224  hillyer's  legal  manual. 

(c)  Population  More  Than  25,000,  not  Exceeding  100,000.— One  hun- 
dred  thousand  dollars  if  its  principal  place  of  business  is  located 
in  any  city  the  population  of  which  is  more  than  twenty-five 
thousand  persons  but  does  not  exceed  one  hundred  thousand 
persons ; 

(d)  Population  More  Than  100,000,  not  Exceeding  200,000.— Two 
hundred  thousand  dollars  if  its  principal  place  of  business  is  lo- 
cated in  any  city  the  population  of  which  is  more  than  one 
hundred  thousand  persons  but  does  not  exceed  two  hundred 
thousand  persons ; 

(e)  Population  More  Than  200,000.— Three  hundred  thousand  dol- 
lars if  its  principal  place  of  business  is  located  in  any  city  the 
population  of  which  is  more  than  two  hundred  thousand  persons. 

Reserve  Fund. — Excepting  that  any  savings  bank  organized  without 
capital  stock  must  have  a  reserve  fund  of  at  least  one  million  dollars. 

Certificate. — Until  the  capital  stock  or  reserve  fund  hereinbefore 
required  shall  be  actually  paid  in,  the  superintendent  of  banks  shall 
refuse  to  issue  the  certificate  required  by  this  act. 

Excepted  Banks. — The  foregoing  classification  shall  not  apply  to 
any  savings  bank  already  in  existence  which  has  received  its  certificate 
to  do  a  banking  business  from  the  superintendent  of  banks ;  nor  to  any 
bank  the  location  of  which  shall  have  been  included  by  annexation  or 
consolidation  within  the  limits  of  a  city  of  a  class  requiring  a  larger 
capitalization,  but  no  bank  thus  excepted  shall  be  permitted  to  estab- 
lish any  new  branch  office  as  provided  in  section  9  of  this  act  or  to 
remove  its  place  of  business  from  the  original  limits  of  the  city  or 
township  wherein  it  was  located  prior  to  such  annexation  or  consolida- 
tion until  it  shall  have  the  capital  required  of  banks  in  such  city  not 
within  said  exception.  Such  excepted  banks  may  not  in  any  case  de- 
crease their  capital  stock  but  may  increase  the  same  in  the  manner 
provided  by  law  to  an  amount  either  greater  or  less  than  that  required 
of  banks  in  such  city  not  within  said  exception ;  provided,  that  nothing 
herein  shall  be  construed  to  affect  the  provisions  of  section  19  of  this 
act  relative  to  the  proportion  of  capital  and  surplus  to  deposits  or  of 
section  23  of  this  act  relative  to  the  capital  stock  required  of  banks 
doing  a  departmental  business.  The  provisions  of  section  23  of  this  act, 
as  to  population,  shall  apply  to  any  bank  organized  under  the  pro- 
visions of  this  section. 

§  61.  Investments  Permitted  to  Savings  Banks. — Any  savin ss  bank 
may  purchase,  hold  and  convey  real  or  personal  property  as  follows: 

1.  Bank  Premises. — The  lot  and  building  in  which  the  business  of 
the  bank  is  caried  on;  furniture  and  fixtures,  vaults  and  safe  deposit 
vaults  and  boxes  necessary  or  proper  to  carry  on  its  bankine  business; 
.such  lot  and  biiildins:,  furniture  and  fixtures,  vaults  and  safe  deposit 
vaults  and  boxes  shall  not,  in  the  aeeregate,  be  carried  on  the  books  of 
such  bank  as  an  asset  to  an  amount  exceeding  its  paid-up  capital  and 
surplus;  and  hereafter,  the  authoritv  of  a  two-thirds  vote  of  all  of  the 
directors  shall  be  necessarv  to  authnriz^  the  purchase  of  such  lot  and 
building,  or  the  construction  of  such  building. 


CALIFORNIA  BANK  ACT.  225 

2.  Security  for  Loans. — Such  as  may  have  been  mortgaged,  pledged 
or  conveyed  to  it  in  trust  for  its  benefit  in  good  faith,  for  money  loaned 
in  pursuance  of  the  regular  business  of  the  corporation. 

3.  Property  Acquired  Under  Foreclosure  and  Taken  in  Satisfaction 
of  Debt. — Such  as  may  have  been  purchased  at  any  sales  under  pledge, 
mortgage  or  deed  of  trust  made  for  its  benefit  for  money  so  loaned 
and  such  as  may  be  conveyed  to  it  by  borrowers  in  satisfaction  and  dis- 
charge of  loans  made  thereon. 

Personal  Property. — No  savings  bank  shall  purchase,  own,  or  sell 
personal  property,  except  such  as  may  be  requisite  for  its  immediate 
accommodation  for  the  convenient  transaction  of  its  business,  notes  or 
bonds  secured  by  trust  deeds  or  mortgages  on  real  estate  bonds,  securi- 
ties or  evidences  of  indebtedness,  public  or  private,  gold  or  silver  bullion 
and  United  States  mint  certificates  of  ascertained  value,  and  evidences 
of  debt  issued  by  the  United  States. 

Bonds. — No  savings  bank  shall  purchase,  own,  hold  or  convey 
bonds,  securities  or  evidences  of  indebtedness,  public  or  private,  except 
as  follows: 

(a)  Bonds  of  United  States. — ^Bonds  or  interest  bearing  notes  or 
obligations  of  the  United  States,  or  those  for  which  the  faith  and  credit 
of  the  United  States  are  pledged  for  the  payment  of  principal  and  in- 
terest ; 

(b)  Bonds  of  State  of  California. — Bonds  of  this  State,  or  those 
for  which  the  faith  and  credit  of  the  State  of  California  are  pledged 
for  the  payment  of  principal  and  interest; 

(c)  Bonds  of  Any  State. — Bonds  of  any  State  in  the  United  States 
that  has  not,  within  five  years  previous  to  making  such  investment  by 
such  bank,  defaulted  in  the  payment  of  any  part  of  either  principal  or 
interest ; 

(d)  County,  City  or  District  Bonds. — ^Bonds  of  any  county,  city 
and  county,  city  or  school  district  of  this  State ;  bonds  of  any  perma- 
nent road  division  in  any  county  issued  in  pursuance  of  the  provisions 
of  article  IX  chapter  II ;  title  VI ;  part  III  of  the  Political  Code ;  bonds 
of  any  sewer  district,  drainage  district,  reclamation  district,  protection 
district,  or  sanitary  district  organized  under  the  laws  of  this  State; 
and  any  irrigation  district  bonds  which  the  law  may  now  or  hereafter 
authorize  to  be  used  as  security  for  the  deposit  of  public  moneys;  pro- 
vided, that  the  total  amount  of  bonds  so  issued  by  any  such  sewer  dis- 
trict, drainage  district,  protection  district  or  sanitary  district,  does  not 
exceed  fifteen  per  centum  of  the  value  of  the  taxable  property  in  said 
district  as  shown  by  the  last  equalized  assessment-roll  of  the  county  in 
which  said  district  is  located ;  and  provided,  further,  that  the  total 
amount  of  bonds  issued  by  any  such  irrigation  district  does  not  exceed 
sixty  per  centum  of  the  aggregate  market  value  of  the  lands  within  such 
district,  and  of  the  water,  water  rights,  canals,  reservoirs,  reservoir  sites 
and  irrigation  works  owned  or  to  be  acquired  or  constructed  with  the 
proceeds  of  any  of  such  bonds,  by  said  district,  such  facts  in  reference 
to  bonds  of  irrigation  districts  to  be  determined  by  a  commission  now 
or  hereafter  authorized  by  law  to  ascertain  and  report  upon  such  facts. 

15 


226  HILLYER^S   LEGAL   MANUAL. 

(e)  Bonds  of  County,  City  or  Town,  in  Other  State.— Bonds  of 
any  county,  city  and  county,  city  or  town,  in  any  State  of  the  United 
States  other  than  the  State  of  California,  issued  under  authority  of  any 
law  of  such  State,  which  county,  city  and  county,  city  or  town,  had,  as 
shown  by  the  federal  or  State  census  next  preceding  such  investment,  a 
population  of  more  than  20,000  inhabitants ;  provided,  however,  that  the 
entire  bonded  indebtedness  of  such  county,  city  and  county,  city  or  town, 
including  such  issue  of  bonds  does  not  exceed  fifteen  per  centum  of  the 
value  of  the  taxable  property  therein  as  shown  by  its  last  equalized 
assessment-roll;  and  provided,  further,  that  such  county,  city  and 
county,  city  or  town,  or  the  State  in  which  it  is  located  has  not  defaulted 
in  payment  of  either  principal  or  interest  due  upon  any  legally  au- 
thorized bond  issue  within  five  years  next  preceding  such  investment. 

(f)  (1)  Bonds  of  Railroad  Incorporated  Under  Laws  of  California. 
Bonds  of  any  railroad  corporation  incorporated  under  the  laws  of  the 
State  of  California  and  operating  exclusively  therein,  provided  said 
corporation  has  had,  for  its  fiscal  year  next  preceding  such  investment, 
net  earnings,  after  payment  of  all  maintenance  charges,  operating  ex- 
penses and  taxes,  sufficient  to  pay  the  interest  on  all  of  its  outstanding 
mortgage  indebtedness;  or 

(2)  Bonds  of  Railroad  Incorporated  Under  Laws  of  Other  State. — 
Bonds  of  any  railroad  corporation  incorporated  under  the  laws  of  any 
other  State  in  the  United  States,  operating  at  least  five  hundred  miles 
of  standard  gauge  track  exclusive  of  sidings;  provided,  said  corpora- 
tion has  had  for  its  fiscal  year  next  preceding  such  investment,  net  earn- 
ings, after  the  payment  of  all  maintenance  charges,  operating  expenses 
and  taxes,  amounting  to  at  least  one  and  one-half  times  the  interest  on 
all  its  outstanding  mortgage  indebtedness ;  or 

(3)  Bonds  of  Railroad  Guaranteed  by  Raikoad. — ^Bonds  of  any 
railroad  corporation,  the  payment  of  which  has  been  guaranteed,  both 
as  to  principal  and  interest,  by  a  railroad  corporation  meeting  the  re- 
quirements of  either  subdivision  (1)  or  (2)  of  paragraph  (f)  of  this  sec- 
tion ;  the  income  of  which  latter  corporation,  together  with  the  income 
of  any  corporation  whose  bonds  it  has  guaranteed,  shall  have  been  suffi- 
cient to  pay  all  its  maintenance  charges,  operating  expenses,  taxes  and 
interest  on  all  its  outstanding  mortgage  indebtedness  and,  in  addition 
thereto,  interest  on  the  total  outstanding  mortgage  indebtedness  of  any 
other  corporation  the  payment  of  w^hich  it  has  guaranteed,  for  the 
periods  specified  in  the  respective  subdivisions  of  this  paragraph  relat- 
ing thereon ;  provided,  that  the  excess  of  income  of  any  corporation 
whose  bonds  have  been  so  guaranteed,  over  its  maintenance  charges, 
operating  expenses,  taxes  and  interest  on  its  outstanding  mortgage  in- 
debtedness, shall  not  apply  to  or  be  included  in  determining  the  income 
so  required. 

Income. — In  determining  the  income  of  any  corporation  specified 
in  paragraph  (f)  of  subdivision  3  of  this  section,  there  shall  be  in- 
cluded the  income  of  any  corporation  or  corporations  out  of  which  it 
shall  have  been  formed  through  consolidation  or  merger,  and  of  any 
corporation  or  corporations,  the  entire  business  and  income  producing 
property  of  which  the  corporation  issuing  such  bonds  has  wholly  ac- 
quired. 


CALIFORNIA  BANK  ACT.  227 

Mortgage  or  Deed  of  Trust. — All  bonds  authorized  for  investment 
by  paragraph  (f )  of  subdivision  3  of  this  section  must  be  secured  by  a 
mortgage  or  trust  deed  which  is  at  the  time  of  making  such  investment 
either  a  first  mortgage  or  deed  of  trust,  a  refunding  mortgage  or  deed 
of  trust  providing  for  the  retirement  of  all  prior  lien  mortgage  debts  of 
said  corporation,  or  an  underlying  or  divisional  closed  mortgage  or  trust 
deed  of  property  which  forms  a  part  of  the  operating  system  of  the  cor- 
poration then  owning  said  property. 

Receipts  from  Passenger  Revenues. — No  savings  bank  shall  pur- 
chase the  bonds  of  any  railroad  corporation  deriving  less  than  twenty 
per  centum  of  its  gross  receipts  from  passenger  revenues. 

"Railroad  Corporation"  Defined. — The  term  ''railroad  corpora- 
tion" when  used  in  paragraph  (f)  of  subdivision  3  of  this  section  shall 
have  the  meaning  defined  in  the  ''Public  Utilities  Act"  approved  De- 
cember 23,  1911. 

(g)  Bonds  of  Public  Utility  Incorporated  Under  the  Laws  of 
California. — Bonds  of  any  street  railroad  corporation;  or  of  any  gas; 
water;  pipe-line;  light;  power;  light  and  power;  gas,  light  and  power; 
electrical;  telephone;  telegraph;  or  telephone  and  telegraph  corpora- 
tion or  of  any  other  "public  utility"  incorporated  under  the  laws  of 
the  State  of  California ;  and 

(1)  Operating  Exclusively  in  California. — Operating  exclusively 
in  the  State  of  California,  provided,  said  corporation  has  had,  for  its 
fiscal  year  next  preceding  such  investment,  net  earnings,  after  the  pay- 
ment of  all  maintenance  charges,  operating  expenses  and  taxes,  amount- 
ing to  one  and  one-half  times  the  interest  on  all  its  outstanding  mort- 
gage indebtedness ;  or 

(2)  Operating  in  Part  Within  California. — Operating  its  property 
in  part  within  the  State  of  California,  provided,  said  corporation  has 
had,  for  each  of  its  two  fiscal  years  next  preceding  such  investment,  net 
earnings,  after  the  payment  of  all  maintenance  charges,  operating  ex- 
penses and  taxes,  amounting  to  one  and  one-half  times  the  interest  on 
all  of  its  outstanding  mortgage  indebtedness ;  or 

(3)  Guaranteed  Bonds. — The  payment  of  which  is  guaranteed,  both 
as  to  principal  and  interest,  by  a  public  utility  corporation  meeting  the 
requirements  of  either  subdivision  (1)  or  (2)  of  paragraph  (g)  of  this 
section,  the  income  of  which  latter  corporation,  together  with  the  in- 
come of  any  corporation  whose  bonds  it  has  guaranteed,  shall  have  been 
sufficient  to  pay  all  its  maintenance  charges,  operating  expenses,  taxes 
and  interest  on  all  its  total  outstanding  mortgage  indebtedness,  and 
in  addition  thereto,  interest  on  the  total  outstanding  mortgage  indebted- 
ness of  any  other  corporation  the  payment  of  which  it  has  guaranteed, 
for  the  period  specified  in  the  respective  subdivisions  of  this  paragraph 
relating  thereto ;  provided,  that  the  excess  of  income  of  any  corporation 
whose  bonds  have  been  so  guaranteed,  over  its  maintenance  charges, 
operating  expenses,  taxes  and  interest  on  its  outstanding  mortgage  in- 
debtedness shall  not  apply  to  or  be  included  in  determining  tKe  income 
so  required. 

Income. — In  determining  the  income  of  any  corporation  specified  in 
paragraph  (g)  of  subdivision  3  of  this  section,  there  shall  be  included 


228  hillyer's  legal  manual. 

the  income  of  any  corporation  or  corporations  out  of  which  it  shall  have 
been  formed  through  consolidation  or  merger,  and  of  any  corporation 
the  entire  business  and  income  producing  property  of  which  the  corpora- 
tion issuing  such  bonds  has  wholly  acquired. 

Mortgage  or  Trust  Deed. — All  bonds  authorized  for  investment  by 
paragraph  (g)  of  subdivision  3  of  this  section  must  be  secured  by  a 
mortgage  or  trust  deed  which  is  at  the  time  of  making  such  investment ; 
either 

I.     Closed. — A  closed  first  mortgage  or  deed  of  trust ;  or 

II.  Containing  Provisions  Restricting  Issuance  of  Further  Bonds. — 

A  first  mortgage  or  deed  of  trust  containing  provisions  restricting  the 
issuance  of  further  bonds  until  such  time  as  the  income  of  said  corpora- 
tion shall  have  been  at  least  sufficient,  during  the  twelve  months  next 
preceding  the  issuance  of  any  additional  bonds,  to  pay  all  maintenance 
charges,  operating  expenses,  taxes  and  one  and  one-half  times  the  inter- 
est on  all  its  mortgage  indebtedness  then  outstanding  and  on  the  ad- 
ditional bonds  then  proposed  to  be  issued ;  or 

III.  Refunding. — A  refunding  mortgage  or  deed  of  trust  providing 
for  the  retirement  of  all  prior  lien  mortgage  debts  of  said  corporation, 
and  restricting  the  issuance  of  further  bonds  until  such  time  as  the  in- 
come of  said  corporation  shall  have  been  at  least  sufficient,  during  the 
twelve  months  next  preceding  the  issuance  of  any  additional  bonds,  to 
pay  all  maintenance  charges,  operating  expenses,  taxes  and  one  and 
one-half  times  the  interest  on  all  its  mortgage  indebtedness  then  out- 
standing, and  on  the  additional  bonds  then  proposed  to  be  issued;  or 

IV.  Underlying  or  Divisional  Closed. — An  underlying  or  divisional 
closed  mortgage  or  trust  deed  of  property  w^hich  forms  a  part  of  the 
operating  system  of  the  corporation  then  owning  said  property.  In  the 
case  of  bonds  secured  by  an  underlying  or  divisional  closed  mortgage 
or  trust  deed,  the  net  income  required  by  this  section  shall  be  based  ex- 
clusively upon  the  income,  maintenance  charges,  operating  expenses, 
taxes  and  mortgage  indebtedness  of  or  against  the  property  covered  by 
such  underlying  or  divisional  closed  mortgage  or  trust  deed,  or  on  the 
proper  proportionate  share  of  such  property  in  the  general  income, 
maintenance  charges,  operating  expenses,  taxes  and  mortgage  indebted- 
ness of  the  corporation  then  owning  such  property;  provided,  however, 
that  if  the  payment  of  the  bonds  secured  by  such  underlying  or  di- 
visional closed  mortgage  or  trust  deed  shall  be  guaranteed  or  assumed 
by  the  corporation  then  owning  the  property  securing  the  same,  such 
bonds  shall  be  legal  investments  for  savings  banks,  if  the  net  income  of 
such  corporation  from  all  sources  after  paying  all  of  its  maintenance 
charges,  operating  expenses,  taxes  and  mortgage  indebtedness  shall 
equal  the  amount  herein  required,  notwithstanding  any  insufficiency  of 
the  income  derived  from  the  property  covered  by  such  underlying  or 
divisional  closed  mortgage  or  trust  deed  to  meet  the  requirements  of  this 
section. 

Certain  Terms  Defined. — The  term  ''street  railroad  corporation," 
*' pipe-line  corporation,"  ''gas  corporation,"  "electrical  corporation," 
"telephone  corporation,"  "telegraph  corporation,"  "water  corpora- 
tion," and  "public  utility,"  when  used  in  paragraph  (g)  of  subdivision 


CALIFORNIA  BANK  ACT.  229 

3  of  this  section,  shall  each  have  the  meaning  defined  in  the  ''Public 
Utilities  Act"  approved  December  23,  1911. 

(h)  Notes  or  Bonds  Secured  by  First  Lien  upon  Real  Estate. — 
Notes  or  bonds  secured  by  first  mortgage  or  deed  of  trust  or  other  first 
lien  upon  real  estate,  improved  or  unimproved;  provided,  that  the  en- 
tire note  or  bond  issue  shall  not  exceed  sixty  per  centum  of  the  market 
value  of  such  real  estate,  or  such  real  estate  with  improvements,  taken 
as  security;  and  provided,  further,  in  case  the  said  note  or  bond  issue 
is  created  for  a  building  loan  on  real  estate,  that  at  no  time  shall  the 
entire  outstanding  note  or  bond  issue  exceed  sixty  per  centum  of  the 
market  value  of  the  real  estate  and  the  actual  cost  of  the  improvements 
thereon  taken  as  security. 

(i)  Collateral  Trust  Bonds  or  Notes. — Collateral  trust  bonds  or 
notes  when  secured  by  either: 

(1)  Bonds  Authorized  for  Investment. — Deposit  of  bonds  author- 
ized for  investment  by  this  section,  of  a  market  value  at  least  fifteen 
per  centum  in  excess  of  the  par  value  of  the  collateral  trust  bonds  or 
notes  issued;  or 

(2)  Bonds  Authorized  for  Investment  and  Other  Securities. — ^De- 
posit of  bonds  authorized  for  investment  by  this  section,  and  other 
securities,  of  a  combined  market  value  at  least  twenty  per  centum 
in  excess  of  the  par  value  of  the  collateral  trust  bonds  or  notes  issued ; 
provided,  that  the  par  value  of  said  collateral  trust  bonds  or  notes 
shall  in  no  case  exceed  the  market  value  of  that  portion  of  the  security 
represented  by  bonds  authorized  for  investment  hy  this  section. 

(j)  Bonds  Legal  for  Investment  in  New  York  or  Massachusetts. — 
Bonds  legal  for  investment  by  savings  banks  in  the  States  of  New 
York  or  Massachusetts;  provided,  however,  that  as  to  bonds  of  the 
character  specified  in  paragraph  (c)  or  (e)  of  subdivision  3  of  this 
section,  such  bonds  shall  also  conform  to  the  requirements  of  either 
of  such  paragraphs. 

(k)  Mortgage  Certificates. — Certificates  issued  by  a  corporation 
organized  under  the  laws  of  this  State  with  a  paid-up  capital  stock 
of  not  less  than  one  hundred  thousand  dollars,  evidencing  and  con- 
ferring participation  to  an  indicated  amount  in  a  first  mortgage  on 
real  estate  and  the  debt  secured  thereby,  and  guaranteeing  the  pay- 
ment of  the  principal  of  the  mortgage  debt  at  its  maturity  or  within 
some  specified  time  thereafter  and  agreeing  to  pay  interest  on  the 
amount  of  the  participation  at  some  specified  rate,  the  mortgage  how- 
ever and  debt  thereby  secured  to  be  assigned  to  a  trust  company  and 
held  by  it  as  security  for  the  payment  of  said  mortgage  certificates 
and  for  the  performance  of  all  conditions  imposed  thereby  upon  the 
corporation  issuing  the  same ;  provided,  the  said  first  mortgage  in- 
debtedness shall  not  exceed  sixty  per  centum  of  the  market  value  of 
the  real  estate  taken  as  security,  and  provided,  further,  that  the  trust 
company  shall  certify  on  each  certificate  that  the  aggregate  amount  of 
the  certificates  issued  evidencing  and  conferring  participation  in  any 
one  such  mortgage  and  mortgage  debt  does  not  exceed  the  principal 
of  the  said  mortgage  debt;  but  provided,  nevertheless,  that,  unless 
such  certificates  are  made  legal  investment  for  savings  banks  by  other 


230  hillyer's  legal  manual. 

law  of  this  State,  no  savings  bank  shall  purchase  any  such  certificates 
until  the  corporation  issuing  the  same  has  first  obtained  the  written 
approval  of  the  superintendent  of  banks  to  such  certificates  as  an  in- 
vestment for  savings  banks.  The  actual  expense  of  investigating  any 
issue  of  such  certificates  presented  to  the  superintendent  of  banks  for 
approval  shall  be  paid  by  the  corporation  presenting  the  same,  and 
the  superintendent  of  banks,  before  making  such  investigation  may 
require  a  cash  deposit  of  such  amount  as  he  may  deem  necessary  to 
cover  such  expense.  The  superintendent  of  banks  may  accept  and  act 
upon  the  opinions  and  appraisements  of  any  title  insurance  or  abstract 
company,  attorneys  or  appraisers  which  may  be  presented  by  such 
corporation  so  applying,  and  the  reports  of  any  of  the  executive  offi- 
cers of  the  corporation  issuing  such  certificates,  on  any  question  of 
fact  concerning  or  affecting  such  certificates,  the  security  thereof,  or 
the  financial  condition  of  the  corporation  issuing  the  same.  In  lieu 
of  or  in  addition  to  such  opinions,  appraisements  and  reports,  the  su- 
perintendent of  banks  may,  if  he  deems  proper,  have  any  or  all  such 
matters  passed  upon  and  certified  to  him  by  attorneys,  appraisers  or 
accountants  of  his  own  selection  at  the  expense  of  the  applicant.  The 
superintendent  of  banks  shall  keep  an  official  list  of  all  issues  of  such 
certificates  approved  by  him. 

Certificate  of  Confonnity  After  September  1,  1913. — No  notes,  bonds, 
or  other  securities,  the  payment  of  which  is  secured  by  any  mortgage 
or  deed  of  trust  executed  after  September  1,  1913,  shall  be  deemed  to 
come  within  or  conform  to  the  requirements  of  either  of  paragraphs 
(f),  (g)  or  (i)  of  subdivision  3  of  this  section,  unless  such  notes,  bonds 
or  other  securities  shall,  in  the  manner  provided  in  this  act,  have  been 
certified  by  the  superintendent  of  banks,  to  come  within  and  fully 
conform  to  the  requirements  of  one  or  the  other  of  said  paragraphs. 

Legality  of  Investments  Heretofore  Lawfully  Made  not  Affected. — 
The  legality  of  investments  heretofore  lawfully  made  pursuant  to  the 
provisions  of  this  section,  or  of  any  law  of  this  State  as  it  existed  on 
and  subsequent  to  July  1,  1909,  shall  not  be  affected  by  any  amend- 
ments to  this  section  or  this  act;  nor  shall  any  such  amendments  re- 
quire the  changing  of  investments  once  lawfully  made  under  this  act. 
Bonds  may  be  Carried  at  Investment  Value. — Any  bonds  authorized 
by  this  section  as  a  legal  investment  for  savings  banks  may  be  carried 
on  the  books  of  said  bank  at  their  investment  value,  based  on  their 
market  value  at  the  time  they  were  originally  bought,  unless  the 
superintendent  of  banks  shall  require  any  or  all  of  the  bonds  which 
may  thereafter  have  a  market  value  less  than  the  original  investment 
value  to  be  written  down  to  such  new  market  value  which  shall  be 
done  gradually  if  practicable  and  in  such  manner  as  he  may  deter- 
mine ;  or  he  may,  by  a  plan  of  amortization  to  be  determined  by  him, 
require  such  gradual  extinction  of  premium  as  will  bring  such  bonds 
to  par  at  maturity. 

Bonds  and  Notes  of  Public  Utilities. — No  savings  bank  shall  here- 
after purchase  or  loan  money  upon  any  bond,  note  or  other  evidence 
of  indebtedness,  issued  by  any  ''public  utility,"  subject  to  the  juris- 
diction, regulation  or  control  of  the  railroad  commission  of  this  State 
under  the  provisions  of  the  ''Public  Utilities  Act,"  approved  Decern- 


CALIFORNIA   BANK  ACT.  231 

ber  23,  1911,  unless  each  such  bond,  note  or  other  evidence  of  indebted- 
ness was  either: 

(a)  Issued  prior  to  the  taking  effect  of  the  ''Public  Utilities  Act"; 
or 

(b)  Issued  under  authority  of  the  railroad  commission,  in  accord- 
ance with  the  provisions  of  said  act ;  or 

(c)  A  note  issued  for  a  period  not  exceeding  twelve  months,  in  ac- 
cordance with  the  provisions  of  subdivision  (b)  of  section  52 
of  said  act. 

State  not  Liable  for  Any  Act  Hereunder. — No  provision  of  this  act, 
and  no  act,  or  deed,  done  or  performed  under  or  in  connection  there- 
with, and  no  finding  made  or  certificate  issued  under  any  provision 
thereof,  shall  be  held  or  construed  to  obligate  the  State  of  California 
to  pay,  or  be  liable  for  the  payment  of,  or  to  guarantee  in  any  manner 
whatsoever,  the  regularity  or  the  validity  of  the  issuance  of  any  stock 
or  bond  certificate,  or  bond,  note,  or  other  evidence  of  indebtedness 
certified  under  any  provision  of  this  act,  by  the  superintendent  of 
banks,  as  being  in  conformity  w4th  the  requirements  of  any  paragraph 
of  subdivision  3  of  this  section. 

§  61a.  Investigation  of  Bond  Issue. — The  superintendent  of  banks 
shall  have  power,  when  any  issue  of  bonds  or  securities  is  presented 
to  him  for  that  purpose,  to  investigate  and  ascertain  whether  such 
bonds  or  securities  come  within  and  fully  conform  to  all  the  require- 
ments of  paragraphs  (f),  (g),  (h)  or  (i)  of  subdivision  3  of  section 
61  of  this  act,  or  of  either  of  said  paragraphs.  He  may  also  investi- 
gate and  ascertain  for  what  period  of  time,  and  upon  what  conditions, 
any  franchise  granted  to  or  held  by  any  corporation  issuing  any  such 
bonds  or  securities  will  remain  in  force. 

Expense  of  Investigating. — The  actual  expense  of  investigating  any 
issue  of  bonds  or  securities  so  presented  shall  be  paid  by  the  person 
or  corporation  presenting  the  same  for  investigation,  and  the  superin- 
tendent of  banks,  before  making  such  investigation  may  require  a  cash 
deposit  of  such  amount  as  he  may  deem  necessary  to  cover  such  expense. 

Opinions  and  Appraisements. — The  superintendent  of  banks  may  ac- 
cept and  act  upon  the  opinions  and  appraisements  of  any  attorneys  or 
appraisers  which  may  be  presented  by  such  person  or  corporation  so 
applying,  and  the  reports  of  any  of  the  executive  officers  of  the  corpora- 
tion issuing  such  bonds  or  securities,  on  any  question  of  fact  concerning 
or  affecting  such  bonds  or  securities,  the  security  thereof,  the  franchise 
conditions  herein  mentioned,  or  the  financial  condition  of  the  corpora- 
tion issuing  the  same.  In  lieu  of  or  in  addition  to  such  opinions,  ap- 
praisements and  reports,  the  superintendent  of  banks  may,  if  he  deems 
proper,  have  any  or  all  such  matters  passed  upon  and  certified  to  him 
by  attorneys,  appraisers  or  accountants  of  his  own  selection  at  the  ex- 
pense of  the  applicant. 

Certificate. — If  the  superintendent  of  banks  shall  find  from  such  in- 
vestigation that  the  bonds  or  securities  so  presented  come  within  and 
fully  conform  to  all  the  requirements  of  any  of  said  paragraphs  of  sub- 
division 3  of  section  61  of  this  act,  and  is  satisfied  from  such  investiga- 
tion as  to  such  franchise  conditions,  he  shall  so  certify,  otherwise  a 


232 

certificate  shall  be  refused.     The  superintendent  of  banks  shall  keep 
an  official  list  of  all  bonds  and  securities  certified  by  him. 

§  62.  Savings  Bank  not  to  Deal  in  Real  or  Personal  Property  or 
Contract  Liability. — No  savings  bank  shall,  directly  or  indirectly,  deal 
or  trade  in  real  or  personal  property  in  any  other  case  or  for  any  other 
purpose  than  is  authorized  by  this  act,  and  shall  not  contract  any  debt 
or  liability  for  any  purpose  whatever  other  than  for  deposits,  except  as 
in  this  section  provided. 

May  Pay  Depositors  by  Draft. — Savings  banks  may  pay  regular  de- 
positors, when  requested  by  them,  by  draft  upon  deposits  to  the  credit 
with  their  banks,  and  charge  current  rate  of  exchange  for  such  drafts. 

May  Borrow  Money  to  Meet  Immediate  Demands  of  Depositors. — No 
savings  bank  shall  borrow  money,  or  pledge  or  hypothecate  any  of  its 
securities,  except  to  meet  the  immediate  demands  of  its  own  depositors, 
and  then  only  in  pursuance  of  a  resolution  adopted  by  a  vote  of  a 
majority  of  its  board  of  directors,  duly  entered  upon  their  minutes, 
wherein  shall  be  recorded  the  ayes  and  nays  upon  each  vote ;  also  with 
the  written  approval  of  the  superintendent  of  banks,  and  he  shall  have 
the  authority  to  fix  the  amount  to  be  borrowed,  and  the  term  and  rate 
of  interest  thereon;  provided,  however,  that  savings  banks  may,  in  the 
manner  authorized  by  law,  and  without  the  written  approval  of  the 
superintendent  of  banks,  borrow  the  public  moneys  of  the  State,  coun- 
ties, cities  and  counties,  and  towns  and  receive  such  public  moneys  on 
deposit;  provided,  also,  that  savings  banks  may  in  the  manner  author- 
ized by  law,  and  without  the  written  approval  of  the  superintendent  of 
banks,  borrow  postal  savings  moneys  of  the  United  States,  and  receive 
such  postal  savings  moneys  on  deposit. 

§  63.  Certificates  of  Deposit. — Savings  banks  may  issue  general  cer- 
tificates of  deposit,  which  are  transferable,  as  in  other  cases,  by  in- 
dorsement and  delivery;  may  issue,  when  requested  by  the  depositor, 
special  certificates,  acknowledging  the  deposit  by  the  person  therein 
named  of  a  specified  sum  of  money,  and  expressly  providing  on  the 
face  of  such  certificate  that  the  sum  so  deposited  and  therein  named 
may  be  transferred  only  on  the  books  of  the  bank;  payment  thereafter 
made  by  the  bank  to  the  depositor  named  in  such  certificate,  or  to  his 
assignee  named  upon  the  books  of  the  bank,  or  in  case  of  death,  to  the 
legal  representative  of  such  person,  of  the  sum  for  which  such  special 
certificate  was  issued,  shall  discharge  the  bank  from  all  further  liability 
on  account  of  the  money  so  paid. 

Time  Certificates  of  Deposit. — All  time  certificates  of  deposit,  is- 
sued by  a  savings  bank,  shall  be  subject  to  the  same  limitations  and  con- 
ditions as  applied  to  other  deposits,  and  notice  thereof  shall  be  given 
by  the  words  "Subject  to  conditions  of  agreement  with  depositors" 
printed  on  the  face  of  the  certificate  issued. 

§  64.  Time  and  Conditions  of  Repayment — Notice. — Each  savings 
bank  must  prescribe  by  its  by-laws,  or  by  contract  with  its  depositors, 
the  time  and  conditions  on  which  repayment  is  to  be  made  to  depositors, 
except  a^  in  this  act  otherwise  provided.  In  all  cases  the  by-laws  or 
contracts  shall  provide  that  notice  of  at  least  thirty  days  may,  at  the 
option  of  any  such  bank,  be  required  to  be  given  of  intention  to  with- 


CALIFORNIA  BANK  ACT.  233 

draw  any  deposit  or  part  thereof,  but  whenever  there  is  any  call  by 
depositors  for  repayment  of  a  greater  amount  than  the  bank  may  have 
disposable  for  that  purpose,  the  directors  or  officers  thereof  must  not 
make  any  new  loan  or  investment  of  the  funds  of  the  depositors  or  of 
earnings  thereof  until  such  excess  of  call  has  ceased. 

Reserve  Fund. — The  directors  of  any  such  bank  having  no  capital 
stock  shall,  before  the  declaration  of  any  dividend,  carry  at  least  one- 
tenth  part  of  the  net  profits  of  such  bank,  for  the  preceding  half  year, 
or  for  the  period  covered  by  said  dividend,  to  its  reserve  fund.  Sub- 
ject to  the  provisions  of  section  19  of  this  act,  any  losses  sustained  by  any 
such  bank  may  be  charged  to  and  paid  out  of  its  reserve  fund.  A  larger 
reserve  fund  may  be  created  and  nothing  herein  contained  shall  be  con- 
strued as  prohibitory  thereof.  The  assets  of  any  such  bank  are  a  se- 
curity to  its  depositors.  Any  such  bank  organized  without  capital  stock, 
may  provide  by  its  by-laws  for  the  disposal  of  any  am-ount  in  its  re- 
serve fund  in  excess  of  the  amount  required  by  section  19  of  this  act 
and  may  also  provide  for  final  disposal  upon  the  dissolution  of  the  bank 
of  its  reserve  fund  or  the  balance  thereof  remaining  after  payment  of 
any  losses  of  such  bank. 

§  65.  Loans  to  Directors  or  Officers  or  to  Corporations  of  Which 
They  may  be  Stockholders. — No  loan  shall  be  made,  directly  or  in- 
directly, to  any  director  or  officer  of  any  savings  bank  by  such  bank, 
or  on  the  indorsement,  surety  or  guaranty  of  any  such  officer  or  di- 
rector, except  that  loans  may  be  made  to  any  corporation  in  which  any 
director  or  officer  of  such  savings  bank  may  own  or  hold  a  minority 
number  of  shares  of  stock,  upon  authorization  of  a  majority  of  all  the 
directors  of  such  savings  bank  and  the  affirmative  vote  of  all  directors 
of  such  savings  bank  present  at  the  meeting  authorizing  such  loan; 
provided,  however,  that  such  loan  shall  in  all  other  respects  conform 
to  and  comply  with  all  other  provisions  of  this  act.  Such  interested 
director  or  officer  shall  not  vote  or  participate  in  any  manner  in  the 
action  of  the  board  on  such  loan.  Such  authorization  shall  be  entered 
upon  the  records  or  minutes  of  such  savings  bank.  The  fact  of  mak- 
ing such  loan,  the  names  of  the  directors  authorizing  such  loan,  the 
corporate  name  of  the  borrower,  the  name  of  each  director  or  officer 
of  such  bank  who  is  a  member,  stockholder,  or  director  of  the  corpora- 
tion to  which  such  loan  is  made,  the  amount  of  such  loan,  the  rate  of 
interest  thereon,  the  time  when  the  loan  will  become  due,  the  amount, 
character  and  value  of  security  given  therefor  and  the  fact  of  payment, 
when  made,  shall  be  forthwith  reported  in  writing  by  the  cashier  or 
secretary  of  such  savings  bank  to  the  superintendent  of  banks. 

Loans  to  Agents — Employees. — A  loan  may  be  made  to  any  agent  or 
employee,  other  than  an  officer  or  director,  of  any  savings  bank  by  such 
bank  upon  authorization  of  a  majority  of  all  the  directors  of  such 
savings  bank  and  an  affirmative  vote  of  all  directors  of  such  savings 
bank  present  at  the  meeting  authorizing  such  loan;  provided,  however, 
that  such  loan  shall  in  all  respects  conform  to  and  comply  with  all 
other  provisions  of  this  act.  Such  authorization  shall  be  entered  upon 
the  records  or  minutes  of  such  savings  bank.  The  fact  of  making 
such  loan,  the  names  of  the  directors  authorizing  such  loan,  the  name 
of  the  borrower,  the  nature  of  his  employment,  the  amount  of  such 


234  hillyer's  legal  manual. 

loan,  the  rate  of  interest  thereon,  the  time  when  the  loan  will  be- 
come due,  the  amount,  character  and  value  of  the  security  given 
therefor,  and  the  fact  of  payment,  when  made,  shall  be  forthwith 
reported  in  writing  by  the  cashier  or  secretary  of  such  savings  bank 
to  the  superintendent  of  banks.  Any  officer  or  director  of  any 
savings  bank,  who  knowingly  procures  a  loan  from  such  savings 
bank,  contrary  to  the  provisions  of  this  section,  shall  be  guilty  of  a 
felony.  In  case  of  the  neglect  or  failure  of  the  secretary  or  cashier 
of  any  such  bank,  to  report  to  the  superintendent  of  banks,  as  herein 
provided,  any  of  the  facts  so  required  to  be  reported,  the  bank  shall 
be  liable  therefor  and  shall  forfeit  to  the  people  of  the  State  of  Cali- 
fornia twenty-five  dollars  per  day  for  each  day,  or  part  thereof,  dur- 
ing which  such  neglect  or  failure  continues. 

§  66.  Maximum  Amount  of  Loans. — No  savings  bank  shall  here- 
after make  any  loans  to  any  person,  firm,  copartnership  or  corporation 
to  an  amount  exceeding,  fifty  per  centum  of  the  actual  paid-up  capital 
stock  and  surplus  of  such  bank,  or  in  the  case  of  a  bank  organized 
without  capital  stock,  to  an  amount  exceeding  fifty  per  centum  of  the 
reserve  fund  of  such  bank;  provided,  however,  that  any  savings  bank 
having  a  paid-up  capital  and  surplus  of  less  than  fifty  thousand  dollars, 
but  not  less  than  twenty-five  thousand  dollars,  may  make  any  such 
loan  on  real  estate  security  to  an  amount  not  exceeding  twenty-five 
thousand  dollars -and  provided  further,  that  any  savings  bank  having 
a  paid-up  capital  and  surplus  of  less  than  twenty-five  thousand  dollars 
may  make  any  such  loan  on  real  estate  security  to  an  amount  not  ex- 
ceeding its  paid-up  capital  and  surplus,  if  each  such  loan  in  all  other 
respects  conforms  to  the  provisions  of  this  act.  The  renewal  or  exten- 
sion of  any  loan  heretofore  legally  made  by  any  savings  bank  shall  not 
be  construed  to  be  a  "loan  hereafter  made"  within  the  meaning  of  the 
provisions  of  this  section.  The  legality  of  investments  heretofore  law- 
fully made  pursuant  to  the  provisions  of  this  act  as  it  existed  on  and 
subsequent  to  July  1,  1909,  shall  not  be  affected  by  the  provisions  of 
this  section.  For  the  purposes  of  this  section  an  indorser  or  guarantor 
shall  be  deemed  to  be  a  borrower. 

!§  67.  1.  Conditions  on  Which  Loans  may  be  Made — Real  or  Per- 
sonal Property — ^Period. — No  savings  bank  shall  loan  money  except  on 
adequate  security  of  real  or  personal  property,  and  no  such  loan  shall 
be  made  for  a  period  longer  than  ten  years;  provided,  that  no  such 
loan  shall  be  made  on  unsecured  notes. 

2.  Bonds. — No  savings  bank  shall  invest  or  loan  more  than  five  per 
centum  of  its  assets  on  any  one  bond  issue,  except  bonds  of  the  United 
States,  of  the  State  of  California,  bonds  for  which  the  faith  and  credit 
of  the  United  States  or  of  the  State  of  California  are  pledged,  or 
bonds  of  any  county,  city  and  county,  city  or  school  district  in  this 
state,  or  bonds  of  any  irrigation  district  such  as  are  legal  for  invest- 
ment by  savings  banks. 

3.  Market  Value. — No  savings  bank  shall  loan  money: 

(a)     On    bonds    of    the     character    specified    in     paragraphs     (a), 
(b),   (c),  and   (d),  of  subdivision  3   of  section   61   of  this   act, 


CALIFORNIA  BANK  ACT.  235 

unless  such  bonds  shall  have  a  market  value  at  least  ten  per 
centum  in  excess  of  the  amount  loaned  thereon;  or, 

(b)  On  bonds  of  the  character  specified  in  paragraphs  (e),  (f)  and 
(g)  or  on  bonds  or  notes  of  the  character  specified  in  paragraph 
(i)  of  subdivision  3  of  section  61  of  this  act,  unless  such  bonds 
or  notes  shall  have  a  market  value  at  least  fifteen  per  centum 
in  excess  of  the  amount  loaned  thereon ;  or, 

(c)  On  bonds  legal  for  investment  by  savings  banks  in  the  states 
of  New  York  or  Massachusetts,  unless  such  bonds  shall  have 
a  market  value  at  least  fifteen  per  centum  in  excess  of  the 
amount  loaned  thereon ;  or, 

(d)  On  personal  property  unless  such  personal  propertj^  shall  have 
a  market  value  at  least  fifty  per  centum  in  excess  of  the  amount 
loaned  thereon;  or, 

(e)  On  other  bonds,  or  on  the  capital  stock  of  any  corporation,  un- 
less such  bonds  or  stock  shall  have  a  market  value  at  least  fifty 
per  centum  in  excess  of  the  amount  loaned  thereon ;  provided, 
however  that  no  loan  shall  be  made  upon  the  capital  stock  of 
any  bank  unless  such  bank  has  been  in  existence  at  least  two 
years  and  has  earned  and  paid  a  dividend  on  its  capital  stock. 

4.  Real  Estate. — No  savings  bank  shall  make  any  loan  on  the  se- 
curity of  real  estate,  except  it  be  a  first  lien,  and  in  no  event  to  ex- 
ceed sixty  per  centum  of  the  market  value  of  any  real  estate  taken  as 
security  except  for  the  purpose  of  facilitating  the  sale  of  property 
owned  by  such  savings  bank;  provided,  that  a  second  lien  may  be  ac- 
cepted to  secure  the  repayment  of  a  debt  previously  contracted  in  good 
faith;  and,  provided,  also,  that  any  savings  bank  holding  a  first  mort- 
gage or  deed  of  trust  on  real  estate  may  take  or  purchase  and  hold 
another  and  immediately  subsequent  mortgage  or  deed  of  trust  thereon, 
but  all  such  loans  shall  not  exceed  in  the  aggregate  sixty  per  centum 
of  the  market  value  of  the  real  estate  securing  the  same;  provided, 
further,  that  a  savings  bank  may  loan  not  to  exceed  ninety  per  centum 
of  the  face  value  of  a  note  or  bond  secured  by  a  first  mortgage  or  deed 
of  trust  on  real  estate,  but  in  no  event  shall  any  such  loan  exceed  ninety 
per  centum  of  .sixty  per  centum  of  the  market  value  of  the  real  estate 
covered  by  said  mortgage  or  deed  of  trust. 

5.  Mining  Stock. — No  savings  bank  shall  purchase,  invest  or  loan  its 
capital,  surplus  or  the  money  of  its  depositors,  or  any  part  of  either, 
in  mining  shares  or  stock.  Any  president  or  managing  officer  who 
knowingly  consents  to  a  violation  of  any  provision  of  this  section 
shall  be  guilty  of  a  felony. 

§  68.  Reserve. — Every  savings  bank  or  savings  department  of  a 
bank,  shall  at  all  times  maintain  a  lawful  money  reserve  equivalent  to 
four  per  centum  of  the  aggregate  amount  of  its  deposits;  one-half  of 
such  lawful  money  reserve  shall  be  kept  on  hand  in  lawful  money  of 
the  United  States  or  gold  certificates  or  silver  certificates  of  the 
United  States,  and  one-half  may  consist  of  bonds  of  the  United  States 
or  of  lawful  money  of  the  United  States  or  gold  certificates  or  silver 
certificates  of  the  United  States,  on  hand  or  on  deposit  subject  to  call 
with  any  reserve  bank  provided  for  in  section  20  of  this  act ;  provided, 


236  hillyer's  legal  manual. 

however,  that  no  savings  bank  or  savings  department  shall  be  re- 
quired to  maintain  in  its  own  keeping  a  lawful  money  reserve  in 
excess  of  four  hundred  thousand  dollars,  and  when  such  lawful  money 
reserve  in  its  own  keeping  reaches  that  amount,  the  balance  of  cash 
necessary  to  make  up  the  four  per  centum  may  be  kept  on  deposit 
subject  to  call  with  any  reserve  bank  provided  for  in  section  20  of 
this  act.  •  No  new  loan  shall  be  made  during  any  deficiency  in  the 
lawful  money  reserve. 

Deposits  With  Commercial  Banks. — Deposits  with  any  commercial 
bank,  or  commercial  department  of  a  bank,  on  open  account,  to  facili- 
tate business  transactions,  as  provided  in  this  section,  shall  be  per- 
mitted, and  shall  not  be  construed  as  loans. 

Not  more  than  five  per  centum  of  the  deposits  of  any  savings  bank 
shall  be  deposited  with  any  one  bank,  except  with  the  consent  of  the 
superintendent  of  banks.  Not  more  than  fifteen  per  centum  of  the  de- 
posits of  any  savings  bank  shall  be  deposited  with  all  other  banks, 
except  with  the  consent  of  the  superintendent  of  banks. 

Deposits  of  Other  Banks. — No  savings  bank  or  savings  depart- 
ment shall  receive  deposits  of  other  banks  other  than  savings  deposits 
and  such  deposits  shall  not  be  treated  or  considered  as  a  part  of  the 
lawful  money  reserve  of  such  depositing  bank;  provided,  that  the 
sum  so  deposited  shall  not  exceed  ten  thousand  dollars. 

§  68y2.  Deposit  by  Decedent  or  Public  Administrator. — Where  a 
decedent,  at  the  time  of  his  or  her  death,  left  moneys  on  deposit  with 
a  savings  bank,  it  shall  be  lawful  for  any  public  administrator,  who 
shall  become  the  administrator  of  the  estate,  to  allow  such  deposit 
to  remain  in  said  savings  bank,  and  also,  it  shall  be  lawful  for  him 
to  deposit  therein  to  the  account  of  said  decedent,  any  and  all  moneys 
of  said  estate  not  required  for  the  current  expenses  of  administration. 
Such  deposit,  whether  made  by  the  decedent  or  a  public  administrator, 
shall  relieve  the  public  administrator  from  depositing  the  same  with 
the  count}^  treasurer.  Moneys  so  deposited,  whether  by  the  decedent 
or  by  a  public  administrator,  may  be  drawn  upon  demand  without 
notice,  upon  the  order  of  said  administrator,  countersigned  by  a  judge 
of  a  superior  court,  w^hen  required  for  the  purpose  of  administration 
or  otherwise. 

§  69.  General  Provision. — Every  savings  bank,  and  the  business 
•of  every  savings  department  of  every  other  bank,  must  be  conducted 
under  and  in  accordance  with  the  provisions  of  this  act. 

ARTICLE  III. 
Commercial  Banks. 

§  80.  Commercial  Bank  Loans. — No  commercial  bank  shall  make 
any  loans  to  any  person,  firm,  copartnership  or  corporation,  to  an 
amount  exceeding  the  following  percentages  of  its  capital  stock 
actually  paid  in  and  surplus: 

1.  Unsecured  Loans. — Ten  per  centum  wnthout  security,  except 
where  such  capital  stock  and  surplus  is  less  than  twenty-five  thou- 
sand dollars,  in  which  event  an  amount  not  to  exceed  twenty  per 


CALIFORNIA  BANK  ACT.  237 

centum  of  such  capital  stock  and  surplus  may  be  loaned  without  se- 
curity, and  where  such  capital  stock  and  surplus  is  greater  than 
twenty-five  thousand  dollars  and  does  not  exceed  fifty  thousand 
dollars,  a  sum  not  exceeding  five  thousand  dollars  may  be  loaned 
without  security.  Nothing  herein  shall  prohibit  any  commercial  bank 
from  taking  or  receiving  any  kind,  character  or  amount  of  security 
whatsoever,  either  real  or  personal,  for  the  protection  of  any  loan 
made  under  the  provisions  of  this  subdivision,  but  no  such  loan  or  any 
part  thereof  shall  be  considered  or  construed  as  a  secured  loan  unless 
the  whole  thereof  is  loaned  upon  security  worth  at  least  fifteen  per 
centum  more  than  the  amount  of  such  loan;  or, 

2.  Secured  and  Unsecured  Loans. — ^Fifteen  per  centum,  in  addition 
to  the  amount  that  may  be  loaned  under  the  provisions  of  subdivision 
one  of  this  section,  upon  security  worth  at  least  fifteen  per  centum 
more  than  the  amount  of  such  loan  so  secured;  provided,  however, 
that  a  separate  note  or  notes  shall  be  taken  for  the  unsecured  loans 
and  a  separate  note  or  notes  shall  be  taken  for  the  secured  loans,  and 
the  secured  and  unsecured  loans  shall  not  be  combined  in  any  way 
within  one  note,  or  notes ;  or, 

3.  Secured  Loans  Only. — Twenty-five  per  centum  upon  security 
worth  at  least  fifteen  per  centum  more  than  the  amount  of  its  loans 
so  secured ;  provided,  however,  that  when  secured  loans  to  this  amount 
or  any  amount  in  excess  of  fifteen  per  centum  are  made,  then  no  un- 
secured loans  shall  be  permitted  in  addition  to  such  secured  loans. 

Loans  on  Bills  of  Lading  or  Exchange,  or  Commercial  Paper. — A 
commercial  bank  may  buy  from,  or  discount  for,  any  person,  firm, 
copartnership  or  corporation,  or  loan  upon  bills  of  lading  or  bills  of 
exchange  drawn  in  good  faith  against  actual  existing  value  an  amount 
not  exceeding  seventy-five  per  centum  of  the  paid-up  capital  and  sur- 
plus of  such  bank ;  and  may  also  buy  from  or  discount  for  any  person, 
firm,  copartnership  or  corporation,  commercial  or  business  paper  actu- 
ally owned  by  the  person,  firm,  copartnership  or  corporation  nego- 
tiating the  same,  an  amount  not  ex:ceeding  twenty-five  per  centum 
of  the  paid-up  capital  and  surplus  of  such  bank;  but  the  discount  of 
bills  of  lading  or  bills  of  exchange  drawn  in  good  faith  against  actual 
existing  value,  and  the  discount  of  commercial  or  business  paper 
actually  owned  by  the  person,  firm,  copartnership  or  corporation  nego- 
tiating the  same,  shall  not  be  considered  as  money  borrowed  by  the 
person,  firm,  copartnership  or  corporation  selling  or  discounting  the 
same. 

§  81.  Loans  upon  Securities  of  Corporations. — No  loan  shall  be  made 
by  any  commercial  bank  upon  the  securities  of  one  or  more  corpora- 
tions, the  payment  of  which  is  undertaken,  in  whole  or  in  part, 
severally,  but  not  jointly,  by  two  or  more  individuals,  firms,  or  cor- 
porations : 

(a)  If  the  borrowers  or  underwriters  be  obligated  absolutely  or 
contingently  to  purchase  the  securities,  or  any  of  them,  collateral  to 
such  loan,  unless  the  borrowers  or  underwriters  shall  have  paid  on 
account  of  the  purchase  of  such  securities  an  amount  in  cash,  or  its 
equivalent,  equal  to  at  least  twenty-five  per  centum  of  the  several 


2^8 

amounts  for  which  they  remain  obligated  in  completing  the  purchase 
of  such  securities; 

(b)  If  the  commercial  bank  making  such  loan  be  liable,  directly  or 
indirectly,  or  contingently,  for  the  repayment  of  such  loan  or  any  part 
thereof; 

(c)  If  its  term,  including  any  renewal  thereof  by  agreement,  ex- 
press or  implied,  exceed  the  period  of  one  year ; 

(d)  Or  to  an  amount  under  any  circumstances  in  excess  of  twenty- 
five  per  centum  of  the  capital  and  surplus  of  the  commercial  bank 
making  such  loan. 

§  82.  Capital  Stock. — Every  commercial  bank  hereafter  organized 
must  have  paid  up  in  cash  a  capital  stock  of  not  less  than, 

(a)  Not  Exceeding  5,000. — Twenty-five  thousand  dollars  if  its  prin- 
cipal place  of  business  is  located  in  any  locality  the  population  of  which 
does  not  exceed  five  thousand  persons ; 

(b)  More  Than  5,000,  Not  Exceeding  25,000.— Fifty  thousand  dol- 
lars if  its  principal  place  of  business  is  located  in  any  city  the  popula- 
tion of  which  is  more  than  five  thousand  persons,  but  does  not  exceed 
twenty-five  thousand  persons; 

(c)  More  Than  25,000,  not  Exceeding  100,000.— One  hundred  thou- 
sand dollars  if  its  principal  place  of  business  is  located  in  any  city  the 
population  of  which  is  more  than  twenty-five  thousand  persons,  but 
does  not  exceed  one  hundred  thousand  persons ; 

(d)  More  Than  100,000,  not  Exceeding  200,000.— Two  hundred 
thousand  dollars  if  its  principal  place  of  business  is  located  in  any 
city  the  population  of  which  is  more  than  one  hundred  thousand  per- 
sons, but  does  not  exceed  two  hundred  thousand  persons. 

(e)  More  Than  200,000.— Three  hundred  thousand  dollars  if  its 
principal  place  of  business  is  located  in  any  city  the  population  of  which 
is  more  than  two  hundred  thousand  persons. 

Excepted  Banks. — The  foregoing  classification  shall  not  apply  to  any 
commercial  bank  already  in  existence  which  has  received  its  certificate  to 
do  a  banking  business  from  the  superintendent  of  banks ;  nor  to  any  bank 
the  location  of  which  shall  have  been  included  by  annexation  or  con- 
solidation within  the  limits  of  a  city  of  a  class  requiring  a  larger  cap- 
italization, but  no  bank  thus  excepted  shall  be  permitted  to  establish 
any  new  branch  office  as  provided  in  section  9  of  this  act  or  to  remove 
its  place  of  business  from  the  original  limits  of  the  city  or  township 
wherein  it  was  located  prior  to  such  annexation  or  consolidation  until 
it  shall  have  the  capital  required  of  banks  in  such  city  not  within  said 
exception.  Such  excepted  banks  may  not  in  any  case  decrease  their 
capital  stock  but  may  increase  the  same  in  the  manner  provided  by  law 
to  an  amount  either  greater  or  less  than  that  required  of  banks  in  such 
city  not  within  said  exception ;  provided,  that  nothing  herein  shall  be 
construed  to  affect  the  provisions  of  section  19  of  this  act  relative  to  the 
proportion  of  capital  and  surplus  to  deposits  or  of  section  23  of  this  act 
relative  to  the  capital  stock  required  of  banks  doing  a  departmental  busi- 
ncvss.  The  provisions  of  section  23  of  this  act,  as  to  population,  .shall 
apply  to  any  bank  organized  under  the  provisions  of  this  section. 


CALIFORNIA   BANK  ACT.  239 

§  83.  Loans  to  Director,  or  Employee,  or  to  Firm,  or  Corporation, 
of  Which  Director,  Officer,  or  Employee  is  a  Member,  Stockholder, 
Director,  or  Employee. — No  loan  shall  be  made,  directly  or  indirectly, 
to  any  officer  of  any  commercial  bank  by  such  bank,  or  on  the  indorse- 
ment, surety,  or  guaranty  of  any  such  officer,  except  as  hereinafter  pro- 
vided in  this  section.  Loans  to  any  director,  agent,  or  other  employee, 
or  to  any  firm,  copartnership  or  corporation  of  which  any  director,  offi- 
cer, agent  or  other  employee  is  a  member,  stockholder,  director,  agent  or 
other  employee,  or  to  any  person,  firm,  copartnership  or  corporation  on 
the  indorsement,  surety,  or  guaranty  of  any  such  director  other  than  an 
officer,  agent  or  other  employee,  can  be  made  by  any  commercial  bank 
only  on  authorization  of,  or  confirmation  within  thirty  days  after  mak- 
ing such  loan,  by  a  majority  of  all  the  directors  of  such  bank  and  the 
affirmative  vote  of  all  directors  of  such  bank  present  at  the  meeting 
authorizing  or  confirming  such  loan.  Such  interested  director  shall  not 
vote  or  participate  in  any  manner  in  the  action  of  the  board  on  such  loan. 
The  board  of  directors  of  any  such  bank  may  fix  the  total  amount  of 
credit  that  may  at  any  one  time  during  the  twelve  months  next  succeed- 
ing be  given  to  any  director,  agent,  or  other  employee,  or  to  any  firm, 
copartnership  or  corporation  in  which  any  director,  officer,  agent,  or 
other  employee  is  a  member,  stockholder,  director,  agent  or  other  em- 
ployee, and  any  or  all  loans  made  within  or  up  to  the  total  amount  of 
such  authorized  credit  may  at  any  time  during  said  twelve  months,  be 
renewed  from  time  to  time,  in  whole  or  in  part,  by  the  officers  of  the 
bank  without  any  further  vote  or  action  on  the  part  of  the  board  of 
directors.  Each  such  authorization  shall  be  entered  upon  the  records 
or  minutes  of  said  bank.  No  director  shall  vote  or  participate  in  any 
manner  in  such  action  of  the  board  fixing  the  total  amount  of  credit  that 
may  at  any  one  time  be  given  to  himself  or  to  any  firm,  copartnership  or 
corporation  in  which  he  is  a  member,  stockholder,  director,  agent  or 
other  employee. 

Report  of  Such  Loan. — The  fact  of  making  such  loan,  the  name  of 
the  director  authorizing  such  loan,  the  name  of  the  director,  agent, 
or  employee,  obtaining  such  loan,  or  the  name  of  the  firm,  co- 
partnership or  corporation  in  which  such  director,  officer,  agent,  or 
employee  is  interested,  obtaining  such  loan,  the  amount  of  such  loan, 
the  rate  of  interest  thereon,  the  time  when  the  loan  will  become  due, 
the  amount,  character  and  value  of  security  given  therefor,  if  any,  and 
the  fact  of  payment  when  made,  shall  be  forthwith  reported  in  writing 
by  the  cashier  or  secretary  of  such  bank  to  the  superintendent  of  banks. 
In  case  of  a  loan  so  made  without  the  previous  authorization  of  the 
directors,  the  action  of  the  board  of  directors,  in  confirming  or  refusing 
to  confirm  such  loan  within  thirty  days  thereafter,  shall  be  reported  in 
the  same  manner. 

Penalty. — Any  officer,  director,  agent,  or  employee  of  a  commercial 
bank,  who  knowinglv  procures  a  loan  from  such  commercial  bank  con- 
trary to  the  provisions  of  this  section,  shall  be  guilty  of  a  felony.  In 
case  of  the  nesrlect  or  failure  of  the  secretary  or  cashier  of  any  such  bank 
to  report  to  the  superintendent  of  banks,  as  herein  provided,  any  of  the 
facts  so  required  to  be  reported,  the  bank  shall  be  liable  therefor  and 
shall  forfeit  to  the  people  of  the  State  of  California,  twenty-five  dollars 


240 

per  day  for  each  day,  or  part  thereof,  during  which  such  neglect  or 
failure  continues. 

§  84.  Bank  Premises. — No  commercial  bank  shall  invest  an  amount 
exceeding  its  paid-up  capital  and  surplus  in  the  lot  and  building  in 
which  the  business  of  the  bank  is  carried  on,  furniture  and  fixtures, 
vaults  and  safe  deposit  vaults  and  boxes  necessary  or  proper  to  carry 
on  its  banking  business;  and  hereafter  the  authority  of  a  two-thirds 
vote  of  all  the  directors  shall  be  necessary  to  authorize  the  purchase 
of  such  lot  and  building  or  the  construction  of  such  building. 

ARTICLE  iV. 

Trust  Companies. 

§  90.  Trust  Companies  Defined — Capital  Required. — Any  corpora- 
tion which  has  been  or  shall  be  incorporated  under  the  general  cor- 
poration laws  of  this  State,  which  is  authorized  by  its  articles  of 
incorporation  to  act  as  executor,  administrator,  guardian  of  estates,  as- 
signee, receiver,  depositary  or  trustee,  under  appointment  of  any  court 
or  by  authority  of  any  law  of  this  State,  or  as  trustee  for  any  purpose 
permitted  by  law,  which  has  its  principal  place  of  business  in  a  city 
in  which  the  population  does  not  exceed  one  hundred  thousand  persons 
and  which  has  a  capital  of  not  less  than  one  hundred  thousand  dollars 
actually  paid  in,  in  cash,  assigned  to  or  available  for  the  purpose  of  con- 
ducting business  in  any  such  capacity,  or  trust  business  of  any  character 
permitted  by  law,  and  which  has  made  with  the  State  treasurer  the 
deposit  of  money  or  securities  of  the  character  and  in  the  amount  re- 
quired by  the  terms  of  section  96  of  this  act,  and  which  has  received  from 
the  superintendent  of  banks  the  certificate  of  authority  required  by  the 
terms  of  section  127  of  this  act,  to  transact  such  business,  and  any  cor- 
poration which  has  been  or  shall  be  incorporated  under  the  general  cor- 
poration laws  of  this  State,  which  is  authorized  by  its  articles  of 
incorporation  to  act  as  executor,  administrator,  guardian  of  estates,  as- 
signee, receiver,  depositary  or  trustee,  under  appointment  of  any  court 
or  by  authority  of  any  law  of  this  State,  or  as  trustee  for  any  purpose 
permitted  by  law,  which  has  its  principal  place  of  business  in  a  city  in 
which  the  population  exceeds  one  hundred  thousand  persons  and  which 
has  a  capital  of  at  least  two  hundred  thousand  dollars  actually  paid  in, 
in  cash,  assigned  to  or  available  for  the  purpose  of  conducting  business 
in  any  such  capacity,  or  trust  business  of  any  character  permitted  by  law, 
and  which  has  made  with  the  State  treasurer  the  deposit  of  money  or 
securities  of  the  character  and  in  the  amount  required  by  the  terms  of 
section  96  of  this  act,  and  which  has  received  from  the  superintendent 
of  banks  the  certificate  of  authority  required  by  the  terms  of  section  127 
of  this  act,  to  transact  such  business,  may  act,  or  may  be  appointed  by 
any  court  to  act,  in  any  such  capacity  in  like  manner  as  an  individual  and 
when  so  qualified  shall  be  known  as  a  trust  company. 

Powers. — Any  such  trust  company  may,  as  provided  in  this  act,  ac- 
cept or  receive  any  deposit  of  money  or  personal  property  authorized, 
directed  or  permitted  to  be  made  with  any  such  corporation  by  any 
court  or  law  of  this  State,  and  may  accept  and  execute  any  trust  pro- 


CALIFORNIA  BANK  ACT.  241 

vided  for  in  this  act,  or  permitted  by  any  law  of  this  State,  to  be  taken, 
accepted  or  executed  by  an  individual. 

Segregation  of  Capital  in  Cities  of  100,000  and  Under.— Any  such 
trust  company,  if  located  in  a  city  the  population  of  which  does  not  ex- 
ceed one  hundred  thousand  persons  must  segregate  that  portion  of  its 
capital  and  surplus  assigned  to  or  available  for  its  trust  business  and 
must  apportion  and  set  aside  at  least  fifty  thousand  dollars  of  such 
paid-up  capital  as  security  for  the  faithful  performance  and  execution 
of  all  private  trusts  accepted  by  it  and  must  also  apportion  and  set 
aside  at  least  fifty  thousand  dollars  of  such  paid-up  capital  as  security 
for  the  faithful  performance  and  execution  of  all  court  trusts  accepted 
by  it  and  whenever  such  trust  company  shall,  under  the  provisions  of  sec- 
tions 96  and  98  of  this  act,  be  required  to  make  the  first  additional  de- 
posit of  securities  with  the  State  treasurer,  such  trust  company  must 
also  apportion  and  set  aside  an  additional  fifty  thousand  dollars  of  paid- 
up  capital  as  security  for  the  faithful  performance  and  execution  of  all 
private  trusts  accepted  by  it  and  must  also  apportion  and  set  aside  an 
additional  fifty  thousand  dollars  of  paid-up  capital  as  security  for  the 
faithful  performance  and  execution  of  all  court  trusts  accepted  by  it. 

Segregation  of  Capital  and  Surplus  in  Cities  of  Over  100,000. — 
And  any  trust  company,  if  located  in  a  city,  the  population  of  which 
exceeds  one  hundred  thousand  persons,  must  segregate  that  portion  of 
its  capital  and  surplus  assigned  to  or  available  for  its  trust  business  and 
must  apportion  and  set  aside  at  least  one  hundred  thousand  dollars  of 
such  paid-up  capital  as  security  for  the  faithful  performance  and  execu- 
tion of  all  private  trusts  accepted  by  it  and  must  also  apportion  and  set 
aside  at  least  one  hundred  thousand  dollars  of  such  paid-up  capital  as 
security  for  the  faithful  performance  and  execution  of  all  court  trusts 
accepted  by  it. 

Surplus  not  to  be  Apportioned  as  Security  for  Private  Trusts. — Pro- 
vided, that  no  such  trust  company  shall  at  any  time  be  required  to  ap- 
portion and  set  aside  any  portion  of  its  surplus  as  security  for  the  faith- 
ful performance  of  such  private  trusts,  nor  shall  it  be  prohibited  from 
so  doing. 

Amounts  Apportioned,  How  Treated. — And  provided,  further,  that 
the  respective  amounts  of  capital  or  capital  and  surplus  so  apportioned 
and  set  aside  shall  be  treated  in  all  respects  as  the  separate  capital  or 
capital  and  surplus  of  each  respective  kind  or  class  of  business,  as  though 
the  same  were  conducted  by  separate  and  distinct  corporations,  and  each 
shall  be  kept,  held,  used  and  disposed  of  wholly  for  the  exclusive  benefit, 
protection  and  security  of  the  respective  classes  of  trust  business  to 
which  the  same  were  respectively  so  apportioned  and  set  aside. 

Oaths  and  Affidavits. — In  all  eases  in  which  it  is  required  that  an  ex- 
ecutor, administrator,  guardian  of  estates,  assignee,  receiver,  depositary 
or  trustee,  shall  qualify  by  taking  and  subscribing  an  oath,  or  in  which 
an  affidavit  is  required,  it  shall  be  a  sufficient  qualification  by  such  cor- 
poration if  such  oath  be  taken  and  subscribed  or  such  affidavit  made  by 
the  president,  vice-president,  secretary,  manager,  trust  officer,  assistant 
trust  officer  or  regularly  employed  attorney  thereof,  and  such  officer  or 
16 


242  hillyer's  legal  manual. 

employee  shall  be  liable  for  the  failure  of  such  trust  company  to  perform 
any  of  the  duties  required  by  law  to  be  performed  by  an  individual 
actinpf  in  like  capacity  and  subject  to  like  penalties ;  provided,  any  such 
appointment  as  guardian  shall  apply  to  the  estate  only,  and  not  to  the 
person. 

Powers  of  Foreign  Corporation  as  Trustee  of  Bond  Issue,  etc. — No 
foreign  eorporation  shall  have  or  exercise  in  this  State  the  power  to  act 
as  trustee  under  any  mortgage,  deed  of  trust,  or  other  instrument  secur- 
ing notes  or  bonds  issued  by  any  corporation  excepting  that  a  foreign 
corporation  may  be  authorized  to  act,  outside  of  the  State  of  California, 
as  cotrustee  with  any  qualified  trust  company  organized  and  doing  busi- 
ness under  the  laws  of  this  State,  for  the  following  purposes  with  refer- 
ence to  bonds  secured  by  mortgage  or  deed  of  trust  of  property  in  this 
State,  and  none  other: 

(1)  To  deliver  bonds,  and  receive  payment  therefor. 

(2)  To  deliver  permanent  bonds  in  exchange  for  temporary  bonds  of 
the  same  issue. 

(3)  To  deliver  refunding  bonds  in  exchange  for  those  of  a  prior  issue 
or  issues. 

(4)  To  register  bonds,  or  to  exchange  registered  bonds  for  coupon 
bonds,  or  coupon  bonds  for  registered  bonds. 

(5)  To  pay  interest  on  such  bonds,  and  to  take  up  and  eancel  coupons 
representing  such  interest  payments. 

(6)  To  redeem  and  cancel  bonds  when  called  for  redemption,  or  to 
pay  and  cancel  bonds  when  due. 

(7)  The  certification  of  registered  bonds  for  the  purpose  of  exchang- 
ing registered  bonds  for  coupon  bonds. 

§  91.  Deposits  Subject  to  Order  of  Court. — Any  court  having  jur- 
isdiction of  any  executor,  administrator,  guardian,  assignee,  receiver, 
depositary  or  trustee,  upon  the  application  of  any  such  officer  or  trustee, 
or  upon  the  application  of  any  person  having  an  interest  in  the  estate  or 
property  administered  by  such  officer  or  trustee,  after  such  notice  to  the 
other  parties  in  interest  as  the  court  may  direct,  and  after  a  hearing 
upon  such  application,  may  authorize  such  officer  or  trustee  to  deposit 
any  moneys  then  in  his  hands,  or  which  may  come  into  his  hands  there- 
after, until  the  further  order  of  said  court,  with  any  such  trust  company, 
and  upon  deposit  of  such  money,  and  its  receipt  and  acceptance  by  such 
trust  company,  the  said  officer  or  trustee  shall  be  discharged  from  fur- 
ther care  or  responsibilit.y  therefor.  Such  deposit  shall  be  paid  out  only 
upon  the  order  of  said  court. 

§  92.  Deposits  by  Public  Administrator. — Any  public  administrator 
may  deposit  any  or  all  moneys  of  any  estate  upon  which  he  is  admin- 
istering, not  required  for  the  current  expenses  of  such  administration, 
with  any  such  trust  company  having  its  principal  place  of  business  in 
the  county,  or  city  and  county,  in  which  he  is  acting  as  such  admin- 
istrator. Any  court  having  jurisdiction  of  an  estate  being  administered 
by  a  public  administrator,  may  direct  such  administrator  to  deposit  all 
or  any  part  of  the  moneys  of  said  estate  with  any  such  trust  company. 
Such  deposit  shall  relieve  the  public  administrator  from  depositing  with 
the  county  treasurer  the  moneys  so  deposited  with  such  trust  company. 


CALIFORNIA  BANK  ACT.  243 

Moneys  so  deposited  by  a  public  administrator  may  be  drawn,  upon  the 
order  of  such  administrator,  countersigned  by  a  judge  of  the  superior 
court,  when  required  for  the  purposes  of  administration,  or  otherwise. 

§  93.  Deposit  of  Property  Subject  to  Order  of  Court. — Any  court 
having  jurisdiction  of  any  estate  in  process  of  administration,  or  any 
other  proceeding,  may,  on  application  of  any  person  interested  therein, 
or  the  person  who  has  been  selected  by  said  court,  or  a  judge  thereof  as 
executor,  administrator,  guardian,  assignee,  receiver,  depositary  or  trus- 
tee, after  such  notice  to  the  parties  in  interest  as  the  court  shall  direct, 
or  without  notice  if  all  parties  in  interest  consent  thereto,  and  a  hearing 
on  such  application,  order  any  executor,  administrator,  guardian,  as- 
signee, receiver,  depositary  or  trustee  so  selected  or  appointed,  whether 
such  person  has  duly  qualified  or  not  to  deposit  with  any  such  trust  com- 
pany, for  safekeeping,  such  portion  or  all  of  the  personal  assets  of  said 
estate  as  the  court  shall  deem  proper,  and  upon  such  deposit  being  made, 
the  court  shall  by  an  order  of  record  reduce  the  bond  to  be  given  or 
theretofore  given  by  such  officer  or  trustee,  so  as  to  cover  only  the  estate 
remaining  in  the  hands  of  said  officer  or  trustee;  and  the  property  so 
deposited  shall  thereupon  be  held  by  such  trust  company,  under  the 
order  and  direction  of  said  court. 

§  94.  Liability  of  Trust  Company  on  Deposit  Subject  to  Order  of 
Court. — Such  trust  company  shall  not  be  required  to  give  any  bond 
or  security  in  case  of  any  appointment  or  deposit  of  moneys  or  other 
personal  assets  hereinbefore  provided  for,  except  as  provided  in  this  act, 
but  shall  be  responsible  for  all  investments  which  shall  be  made  by  it 
of  the  funds  which  may  be  intrusted  to  it  for  investment  by  such  court, 
and  shall  be  liable  to  the  same  extent  as  an  individual,  and  as  hereinafter 
provided. 

§  95.  Interest  upon  Moneys  Deposited  by  Order  of  Court. — Such 
trust  company  shall  pay  interest  upon  all  moneys  so  deposited  with  it 
at  such  rate  as  may  be  agreed  upon  at  the  time  of  its  acceptance  of  any 
such  deposit,  or  as  shall  be  provided  by  the  order  of  court  and  agreed 
to  by  such  trust  company. 

§  96.  Deposit  With  State  Treasurer. — Any  such  trust  company,  if 
its  principal  place  of  business  is  situated  in  a  city  the  population  of 
which  does  not  exceed  one  hundred  thousand  persons,  before  accepting 
any  such  appointment  or  deposit,  shall  deposit  with  the  State  treasurer, 
as  herein  provided,  at  least  fifty  thousand  dollars  as  security  for  the 
faithful  performance  and  execution  of  all  court  trusts  accepted  by  it, 
and  shall  also  deposit  with  the  State  treasurer  at  least  fifty  thousand 
dollars  as  security  for  the  faithful  performance  and  execution  of  all 
private  trusts  accepted  by  it,  and  whenever  any  such  trust  company 
shall,  under  the  provisions  of  section  98  of  this  act,  be  required  to  make 
the  first  additional  deposit  of  securities  with  the  State  treasurer,  such 
trust  company  must  also  deposit  w4th  the  State  treasurer  an  additional 
fifty  thousand  dollars  as  security  for  the  faithful  performance  and  ex- 
ecution of  all  private  trusts  accepted  by  it;  and  any  trust  company  if 
its  principal  place  of  business  is  situated  in  a  city  the  population  of 
which  exceeds  one  hundred  thousand  persons,  before  accepting  any  such 
appointment  or  deposit,  shall  deposit  with  the  State  treasurer,  as  herein 


244  HILLYER^S  LEGAL   MANUAL. 

provided  at  least  one  hundred  thousand  dollars,  as  security  for  the  faith- 
ful performance  and  execution  of  all  court  trusts  accepted  by  it,  and 
shall  also  deposit  with  the  State  treasurer  at  least  one  hundred  thousand 
dollars  as  security  for  the  faithful  performance  and  execution  of  all 
private  trusts  accepted  by  it. 

How  Made. — Any  such  deposit  may  be  made  either  in  lawful  money 
of  the  United  States,  or  in  securities  of  either  or  any  of  the  following 
classes : 

(a)  Bonds  issued  by  the  United  States  or  by  this  State  or  by  any 
county,  city  and  county,  city  or  school  district  therein ; 

(b)  Bonds  for  the  payment  of  which  the  faith  and  credit  of  the  United 
States  or  of  this  State  are  pledged; 

(c)  Notes  or  bonds  secured  by  mortgage  or  deed  of  trust  constituting 
a  first  lien  on  improved  and  productive  real  estate  in  the  State  of  Cali- 
fornia; such  improved  real  estate  being  at  least  double  the  amount  of 
such  lien. 

Approval  of  Securities. — Such  money  or  securities  shall  be  first  ap- 
proved by  the  superintendent  of  banks,  and,  upon  his  written  order,  de- 
posited with  the  State  treasurer  for  the  respective  purposes  herein 
specified,  and 

How  Held. — Said  treasurer  shall  give  his  receipt  therefor,  and  there- 
after, subject  to  the  provisions  of  this  act,  shall  hold  such  deposits  of 
money  or  security  separately,  each  for  the  sole  benefit  of  the  beneficiaries 
of  the  class  of  trust  business,  for  the  security  and  protection  of  which  the 
same  was  deposited,  and  said  treasurer  shall  give  his  receipt  therefor  and 
the  State  shall  be  responsible  for  the  custody  and  safe  return  of  any 
money  or  securities  so  deposited. 

Exchange,  Interest  and  Dividends. — Said  securities  or  money  so  de- 
posited may,  with  the  approval  of  the  superintendent  of  banks,  be 
withdrawn  or  exchanged  from  time  to  time  for  other  like  securities,  or 
lawful  money,  receivable  as  aforesaid,  and  so  long  as  the  trust  company 
so  depositing  said  money  or  securities  shall  continue  solvent,  it  shall 
have  the  right  and  shall  be  permitted  by  the  State  treasurer  to  receive 
the  interest  and  dividends  on  any  securities  so  deposited.  Said  secur- 
ities and  money  shall  be  subject  to  sale  and  transfer,  and  to  the  disposal 
of  the  proceeds  by  said  State  treasurer,  only  on  the  order  of  a  court  of 
competent  jurisdiction  and  for  the  benefit  respectively  of  the  ben- 
eficiaries of  that  class  of  trust  business  for  the  security  and  protection 
of  which  the  same  were  deposited. 

§  97.  Mortgage  of  Bank  Premises  to  State  Treasurer. — ^Any  such 
trust  company,  having  a  capital  and  surplus  of  two  hundred  thousand  dol- 
lars or  more  apportioned  and  set  aside  as  security  for  the  faithful  perfor- 
mance and  execution  of  all  court  trusts  accepted  by  it,  as  provided  in 
this  act,  and  which  is  wholly  or  in  part  invested  in  the  lot  and  building 
in  which  its  business  is  carried  on,  may  be  permitted  by  the  superin- 
tendent of  banks  to  mortgage  such  lot  and  building  to  the  State  treas- 
urer for  such  sum,  up  to  its  full  market  value,  as  the  superintendent  of 
banks  may  determine,  and  such  mortgage  may  be  deposited  with  said 
treasurer,  and  when  so  deposited  it  shall  be  included  in  the  amount  of 


CALIFORNIA  BANK  ACT.  245 

securities  herein  required  to  be  deposited  with  said  treasurer  as  security 
for  the  faithful  performance  of  all  such  court  trusts. 

§  98.  Additional  Deposits  With  State  Treasurer. — Whenever  any 
trust  company,  the  principal  place  of  business  of  which  is  located  in  a 
city  the  population  of  which  does  not  exceed  one  hundred  thousand  per- 
sons, receives  from  the  court  trusts  accepted  by  it,  trust  funds,  as  herein 
defined,  to  the  amount  of  five  hundred  thousand  dollars,  it  shall  forth- 
with notify  in  writing  the  superintendent  of  banks  of  such  fact,  and 
within  thirty  days  thereafter  shall  deposit  with  the  State  treasurer  ad- 
ditional money  or  securities  of  the  character  mentioned  and  defined  in 
section  96  of  this  act,  approved  as  therein  provided,  in  the  amount  of 
fifty  thousand  dollars ;  and  whenever  any  trust  company  receives  from 
court  trusts  such  funds  to  the  amount  of  one  million  dollars  it  shall  fur- 
ther notify  in  writing  the  superintendent  of  banks  of  such  fact  and 
within  thirty  days  thereafter  shall  deposit  with  the  State  treasurer  ad- 
ditional money  or  securities  of  the  character  mentioned  and  defined  in 
section  96  of  this  act,  approved  as  therein  provided,  in  the  amount  of 
fifty  thousand  dollars;  and  for  each  additional  five  hundred  thousand 
dollars  of  such  trust  funds  thereafter  received  by  any  trust  company 
from  court  trusts  a  similar  notification  in  writing  shall  forthwith  be 
given  to  the  superintendent  of  banks,  and  a  further  deposit  in  the  amount 
of  twenty-five  thousand  dollars  of  such  money  or  securities,  or  of  secur- 
ities provided  for  in  section  97  of  this  act  likewise  approved,  shall  be 
made,  within  thirty  days  thereafter,  by  such  trust  company  with  said 
State  treasurer.  The  treasurer  shall  give  his  receipt  for  any  money  or 
securities  so  deposited  and  each  and  all  of  said  deposits  of  money  or 
securities,  shall  be  held  by  said  State  treasurer  for  the  sole  benefit  of  the 
beneficiaries  of  the  class  of  business  for  the  security  and  protection  of 
which  same  were  deposited. 

State  Responsible. — The  State  shall  be  responsible  for  the  custody 
and  safe  return  of  any  money  or  securities  so  deposited  with  said  State 
treasurer. 

Term  "Trust  Funds"  Defined.— The  term  ''trust  funds"  when  used 
in  this  section  shall  be  deemed  to  mean  and  shall  mean  personal  property 
and  cash,  whether  received  with  the  original  trust  property  or  as  rent, 
income  or  proceeds  thereof,  or  otherwise,  in  connection  with  the  trust, 
and  shall  not  be  deemed  to  include  and  shall  not  include  real  property. 

Penalty. — Any  trust  company  failing  to  comply  with  the  provisions 
of  this  section  shall  forfeit  to  the  State  of  California  one  hundred  dol- 
lars a  day  for  each  day  during  which  such  failure  or  default  shall  con- 
tinue. 

Withdrawal  of  Securities. — Upon  making  a  request  in  writing  to 
the  superintendent  of  banks,  any  such  trust  company  shall  be  entitled 
to  withdraw  from  the  State  treasurer,  from  time  to  time,  a  sufficient 
amount  of  such  securities  so  that  at  all  times  the  amount  of  such  securi- 
ties so  deposited  shall  conform  to  the  requirements  of  this  act,  and  so 
that  at  no  time  shall  such  trust  company  be  required  to  have  on 
deposit  with  the  State  treasurer  an  amount  of  securities  in  excess 
of  the  requirements  of  this  act.  Upon  receiving  such  request  in  writ- 
ing, and  satisfactory  proof  of  the  facts  warranting  such  withdrawal, 


246  hillyer's  legal  manual. 

it  shall  be  the  duty  of  the  superintendent  of  banks  to  forthwith  de- 
liver to  the  State  treasurer  a  written  order  directing  the  withdrawal 
of  said  securities  so  as  to  conform  with  the  provisions  of  this  section, 
and  it  shall  be  the  duty  of  the  State  Treasurer  to  comply  with  such 
written  order. 

Acts  Done  Prior  to  Revocation  of  Certificate  of  Authority.— The 

validity  or  legality  of  any  act  or  proceeding  done  or  taken  by  any 
such  trust  company,  relating  to  or  in  connection  with  the  administra- 
tion of  any  such  trusts,  shall  not  be  affected  or  impaired  by  the  neglect 
or  failure  of  such  trust  company,  or  of  any  officer  or  employee  thereof, 
to  comply  with  any  of  the  provisions  of  this  act,  but  all  such  acts  and 
proceedings  done  or  taken  prior  to  the  revocation  of  its  certificate 
of  authority  to  do  such  business  by  the  superintendent  of  banks,  under 
the  provisions  of  this  act,  or  the  revocation  by  any  court  or  judge 
thereof  of  the  appointment,  order  or  decree  theretofore  entered  in 
such  trust  matter  shall  be  as  valid  and  effective  for  all  purposes  as  if 
any  such  neglect  or  failure  had  not  occurred. 

§  99.  Evidence  of  Title— Fees.— When  any  part  of  the  securities 
so  deposited  with  the  State  treasurer  consists  of  notes  or  bonds 
secured  by  mortgage  or  deed  of  trust,  it  shall  be  accompanied  by  a 
complete  abstract  of  title  or  an  unlimited  certificate  of  title  or  a  policy 
of  title  insurance  prepared  or  issued  by  a  person,  company  or  corpora- 
tion designated  or  approved  by  the  superintendent  of  banks  and 
authorized  by  law  or  otherwise  found  by  the  superintendent  of  banks 
to  be  competent  to  issue  such  evidence  of  title,  which  shall  be  ex- 
amined and  approved  by  or  under  the  direction  of  said  superintend- 
ent of  banks.  The  fees  for  an  examination  of  such  evidence  of  title 
by  counsel  to  be  paid  by  the  trust  company  making  the  deposit  shall 
not  exceed  twenty  dollars  for  each  title  examined,  and  the  fee  for 
each  appraiser,  not  exceeding  two,  shall  not  exceed  five  dollars  for 
each  mortgage  or  deed  of  trust. 

§  100.     [Repealed  1913.1 

§  101.  Trusts  Classified. — ^For  the  purposes  of  this  act,  all  trusts 
permitted  to  be  accepted  or  executed  by  any  such  trust  company, 
under  any  provision  of  this  act  are  hereby  classified  and  defined  as 
either : 

(a)  Court  trusts ;  or 

(b)  Private  trusts. 

Court  Trust  Defined. — A  court  trust  is  one  in  which  any  such  trust 
company  acts  under  appointment,  order  or  decree  of  any  court,  as 
executor,  administrator,  guardian,  assignee,  receiver,  depositary  or 
trustee,  or  in  w^hich  it  receives  on  deposit  from  a  public  administrator, 
under  any  provision  of  this  act,  or  from  any  executor,  administrator, 
guardian,  assignee,  receiver,  depositary  or  trustee,  under  any  order 
or  decree  of  any  court,  money  or  property. 

Private  Trust  Defined. — Any  other  trust  is  a  private  trust. 

Private  Trusts  not  Stibject  to  Inspection. — The  inspection  and  su- 
pervision of  the  superintendent  of  banks  shall  extend  only  to  court 
trusts  as  herein  defined.     Private  trusts  shall  not  be  subject  to  the  in- 


CALIFORNIA  BANK  ACT.  247 

spection  or  supervision  of  the  superintendent  of  banks,  his  attorneys, 
examiners  or  other  assistants. 

Reports. — In  making  the  reports  to  the  superintendent  of  banks 
,  required  by  this  act,  every  trust  company  shall,  in  addition  to  the 
other  facts  to  be  reported  by  it,  furnish  only  a  list  and  brief  descrip- 
tion of  the  court  trusts  held  by  it,  the  source  of  appointment  thereto, 
the  authority  by  v/hich  the  appointment  or  deposit  was  made,  and  the 
amount  of  real  or  personal  property  held  by  such  trust  company  by 
virtue  thereof. 

§  102.  Discontinuance  of  Business. — Any  corporation  which  de- 
sires to  withdraw  from  and  discontinue  doing  a  trust  business  shall 
furnish  to  the  superintendent  of  banks  satisfactory  evidence  of  its 
release  and  discharge  from  all  the  obligations  and  trusts  hereinbefore 
provided  for,  and  thereupon  the  superintendent  of  banks  shall  revoke 
his  certificate  of  authority  to  do  a  trust  business  theretofore  issued 
to  such  corporation,  and  the  State  treasurer  shall  return  to  said  cor- 
poration all  the  securities  deposited  by  such  corporation  and  shall 
cancel  any  mortgage  made  by  such  corporation  to  said  State  treasurer 
as  a  part  of  such  securities,  and  thereafter  such  corporation  shall  not 
be  permitted  to  use  and  shall  not  use  the  word  "trust"  in  its  corporate 
name  or  in  connection  with  its  business. 

§  103.  Secrecy. — Any  trust  company  exercising  the  powers  and 
performing  the  duties  provided  for  in  this  act,  shall,  except  as  herein 
otherwise  provided,  keep  inviolate  all  communications  and  writings 
made  to  or  by  said  trustee  touching  the  existence,  condition,  manage- 
ment and  administration  of  any  private  trust  confided  to  it;  and  no 
creditor  or  stockholder  of  any  such  trust  company  shall  be  entitled 
to  disclosure  or  knowledge  of  any  such  communication  or  writing; 
provided,  however,  that  the  president,  vice-president,  manager,  trust 
officer,  secretary  or  regularly  employed  attorney  of  any  such  trust 
company  shall  be  entitled  to  knowledge  of  any  such  communication 
or  writing ;  and  provided  further,  that  in  any  suit  or  proceeding  touch- 
ing the  existence,  condition,  management  or  administration  of  any 
such  trust,  the  court  wherein  the  same  is  pending  may  require  dis- 
closure of  any  such  communication  or  writing. 

§  104.     [Repealed  1913.] 

§  105.  Investment  of  Capital,  Surplus  and  Trust  Funds. — Every 
trust  company  shall,  except  as  otherwise  provided  by  law,  invest  its 
capital  and  surplus  and  any  trust  funds  received  by  it  in  connection 
with  its  trust  business,  in  accordance  with  the  laws  relative  to  the 
investment  or  loan  of  funds  deposited  with  savings  banks,  unless  a 
specific  agreement  to  the  contrary  is  made  between  the  trust  com- 
pany and  the  party  creating  the  trust,  or  unless  it  is  otherwise  ordered 
by  the  court,  in  connection  with  any  cotirt  trust. 

§  106.  Trust  Company  Doing  Commercial  or  Savings  Bank  Busi- 
ness— Capital. — Any  such  trust  company  desiring  to  do,  or  doing,  a 
commercial  banking  business  or  a  savings  bank  business,  or  both,  in 
addition  to  its  trust  business  shall  have  actually  paid  up,  in  cash,  the 
amount  of  capital  provided  in  section  23  of  this  act. 


248  HILLYER^S  LEGAL   MANUAL. 

Title  Insurance  Company  Doing  Trust  Business — Capital. — Any  title 
insurance  company  authorized  by  its  articles  of  incorporation  to  do, 
or  doing  a  trust  business,  in  addition  to  its  title  insurance  business, 
shall  comply  with  all  the  requirements  of  any  law  governing  trust 
companies,  and  shall  have  a  capital  stock  actually  paid  in,  in  cash,  of 
not  less  than  two  hundred  thousand  dollars,  and  in  addition  thereto, 
the  capital  stock  required  by  law  for  doing  a  title  insurance  business! 
Such  capital  for  each  such  department  or  class  of  business  shall  be 
increased  from  time  to  time  in  the  same  manner  and  to  the  same  ex- 
tent as  though  each  such  department  or  class  of  business  was  con- 
ducted by  a  separate  bank,  trust  company  or  title  insurance  company, 
instead  of  as  separate  departments  or  classes  of  business. 

Compliance  With  Act. — ^Any  trust  company  and  any  title  insurance 
company  doing  a  departmental  business  as  above  provided  shall  com- 
ply with  the  provisions  of  this  act  governing  each  of  such  departments 
and  with  the  provisions  of  any  law  governing  each  such  class  of  busi- 
ness as  to  its  deposits,  reserve,  surplus,  investments  and  loans. 

§  107.  Title  Insurance  and  Trust  Company — Supervision  and  Re- 
ports.— Any  corporation  doing  a  departmental  business  as  a  title  in- 
surance company  and  as  a  trust  company,  shall,  as  to  its  trust 
department,  be  subject  to  the  supervision  and  inspection  of  the  super- 
intendent of  banks,  and  as  to  its  trust  department  must  make  all 
reports  to  the  superintendent  of  banks  required  to  be  made  by  trust 
companies  by  the  provisions  of  this  act,  and  as  to  its  trust  department 
such  corporation  shall  also  be  subject  to,  and  shall  have  the  benefit 
of  all  other  provisions  and  requirements  of  this  act  applicable  to  trust 
companies,  and  shall  also  be  subject  to  and  shall  have  the  benefit  of 
all  of  the  banking  laws  and  rules  and  regulations  of  the  banking  de- 
partment of  this  State  applicable  to  trust  companies.  The  proportion- 
ate part  of  the  State  banking  fund  provided  for  by  section  123  of  this 
act,  that  shall  be  payable  by  such  corporation,  shall  be  based  on  the 
amount  of  capital  and  surplus  of  such  corporation  apportioned  to  its 
trust  department. 

ARTICLE  V. 

State  Banking  Department. 

§  120.  Superintendent  of  Banks — ^Appointment,  Salary,  Oath  and 
Bond. — There  is  hereby  created  a  State  banking  department.  The 
chief  officer  of  such  department  shall  be  the  superintendent  thereof, 
and  be  known  as  the  superintendent  of  banks.  He  shall  be  appointed 
by  the  governor,  and  shall  hold  office  at  the  pleasure  of  the  governor. 
He  shall  not,  either  directly  or  indirectly,  be  interested  in  any  com- 
mercial bank,  savings  bank  or  trust  company,  or  as  an  individual 
banker.  He  shall  receive  an  annual  salary  of  ten  thousand  dollars, 
to  be  paid  monthly  out  of  the  State  treasury  on  a  warrant  of  the  con- 
troller. He  shall,  within  fifteen  days  from  the  time  of  notice  of  his 
appointment,  take  and  subscribe  to  the  constitutional  oath  of  office, 
and  file  the  same  in  the  office  of  the  Secretary  of  State,  and  execute 
to  the  people  of  the  State  a  bond  in  the  penal  sum  of  fifty  thousand 
dollars,  with  corporate  surety  or  two  or  more  sureties  to  be  approved 


CALIFORNIA  BANK  ACT.  249 

by  the  Governor  of  the  State,  conditioned  for  the  faithful  discharge 
of  the  duties  of  his  office. 

§  121.  Assistants  and  Compensation  of. — The  superintendent  of 
banks  shall  employ  a  chief  deputy,  attorney  and  such  examiners  and 
other  assistants  as  he  may  need  to  discharge  in  a  proper  manner  the 
duties  imposed  upon  him  by  law,  none  of  which  examiners  or  assist- 
ants or  attorneys  shall  be  interested  in  any  bank  in  this  State  as  di- 
rector, stockholder,  officer  or  employee,  and  they  shall  perform  such 
duties  as  he  shall  assign  to  them.  He  shall  fix  the  compensation  of 
the  chief  deputy,  attorney,  examiners  and  other  assistants,  which 
compensation  shall  be  paid  monthly  on  his  certificate  and  on  the  war- 
rant of  the  controller  out  of  the  State  treasury. 

Chief  Deputy,  Appointment,  Oath,  Experience,  Bond. — The  chief 
deputy  shall  within  fifteen  days  from  the  time  of  his  appointment  take 
and  subscribe  to  the  constitutional  oath  of  office  and  file  the  same  in 
the  office  of  the  Secretary  of  State.  No  person  shall  be  appointed  a 
chief  deputy  who  has  not  had  at  least  three  years'  active  banking 
experience,  either  as  an  executive  officer  or  employee  of  some  bank  in 
this  State.  In  case  of  the  absence  or  inability  to  act,  or  vacancy  in 
the  office  of  the  superintendent  of  banks  for  thirty  consecutive  days, 
the  chief  deputy  shall  execute  to  the  people  of  the  State  a  bond  in 
the  penal  sum  of  fifty  thousand  dollars,  with  corporate  surety  or  two 
sureties  to  be  approved  by  the  controller  and  treasurer  of  the  State, 
conditioned  for  the  faithful  discharge  of  the  duties  of  the  superin- 
tendent while  such  deputy  acts  as  superintendent,  and  upon  filing 
such  bond  such  deputy  shall  have  all  the  power  and  duties  of  superin- 
tendent of  banks,  until  the  inability  of  the  superintendent  shall  be 
removed,  or  until  a  new  superintendent  of  banks  shall  have  been  ap- 
pointed by  the  Governor. 

Superintendent,  Deputy  or  Examiner  not  to  Become  Indebted  to 
Bank. — No  superintendent  of  banks,  chief  deputy,  or  bank  examiner, 
shall  be  or  shall  become  indebted,  directly  or  indirectly,  either  as  bor- 
rower, indorser,  surety,  or  guarantor,  to  any  bank  under  his  supervision 
or  subject  to  his  examination. 

;§  122.  Office. — The  superintendent  of  banks  shall  have  his  princi- 
pal office  in  the  city  of  San  Francisco,  and  may  also  have  suitable 
rooms  in  the  city  of  Los  Angeles,  wherein  to  conduct  the  business  of 
the  State  banking  department.  The  superintendent  shall,  from  time 
to  time,  obtain  the  necessarj^  furniture,  stationery,  fuel,  lights,  and 
other  proper  conveniences  for  the  transaction  of  such  business;  the 
expense  of  which  shall  be  paid  out  of  the  State  treasury  on  the  cer- 
tificate of  the  superintendent  and  the  warrant  of  the  controller. 

§  123«.  State  Banking  Fund. — ^A  fund  is  hereby  created  to  be 
known  as  the  State  banking  fund,  and  out  of  said  fund  shall  be  paid 
all  the  expenses  incurred  in  and  about  the  conduct  of  the  business  of 
the  banking  department,  including  the  salary  of  the  superintendent, 
chief  deputy,  attorney,  examiners  and  other  assistants,  traveling  ex- 
penses, furnishing  of  rooms  and  rent.  Each  bank  shall  pay  annually 
its  share  of  eighty-seven  thousand  five  hundred  dollars,  to  be  deter- 
mined by  the  proportion  which  the  capital  and  surplus  which  shall 


250  HILLYER^S  LEGAL   MANUAL. 

include  all  reserve  and  contingent  funds,  of  any  incorporated  bank 
or  the  surplus,  reserve  and  contingent  funds  of  any  bank  organized 
without  a  capital  stock  bear  to  the  capital,  surplus,  reserve  and  con- 
tingent funds  in  the  aggregate  of  all  such  banks  receiving  certificates 
of  authorization  from  the  superintendent  of  banks,  as  shown  by  the  last 
report  of  such  bank  to  the  superintendent  of  banks.  All  moneys  col- 
lected or  received  by  the  superintendent  of  banks,  under  and  by  virtue 
of  the  provisions  of  this  act,  shall  be  by  him  delivered  to  the  treasurer 
of  the  State,  who  shall  deposit  the  same  to  the  credit  of  said  banking 
fund,  and  the  unexpended  balances  of  all  moneys  heretofore  paid  into 
the  State  treasury  by  any  of  the  bank  commissioners  or  the  superin- 
tendent of  banks,  shall  be  retained  and  become  a  part  of  said  fund; 
provided,  however,  that  the  superintendent  shall  have  authority  to  re- 
tain in  his  possession  and  under  his  control  the  sum  of  five  hundred 
dollars  to  be  used  by  him  as  a  revolving  fund  for  the  benefit  of  the 
State  banking  department  until  the  end  of  the  fiscal  year  at  which  time 
he  shall  make  full  settlement  with  the  treasurer  of  the  State.  If  any 
such  bank  shall  fail  to  pay  such  charges  as  are  herein  required,  the 
superintendent  shall  forthwith  cancel  the  certificate  of  said  bank. 

§  124.  Examination. — Every  bank  and  the  trust  department  of 
every  title  insurance  company  doing  a  trust  business,  shall  be  subject 
to  the  inspection  of  the  superintendent  of  banfe.  The  superintendent 
of  banks,  the  chief  deputy,  or  some  competent  person  or  persons  to  be 
appointed  by  the  superintendent  of  banks,  to  be  known  as  examiners, 
shall  visit  and  examine  every  bank  at  least  once  each  fiscal  year.  On 
every  such  examination  inquiries  shall  be  made  by  him  as  to  the  condi- 
tion and  resources  of  the  bank,  the  mode  of  conducting  and  managing 
its  affairs,  the  action  of  its  directors,  the  investment  and  disposition  of 
its  funds,  the  safety  and  prudence  of  its  management,  the  security 
afforded  to  those  by  whom  its  engagements  are  held  and  whether  the 
requirements  of  its  articles  of  incorporation  and  the  law  have  been  com- 
plied with  in  the  administration  of  its  affairs,  and  as  to  such  otlier 
matters  as  the  superintendent  may  prescribe. 

Extra  Examination. — Whenever,  in  the  judgment  of  the  superin- 
tendent of  banks,  the  condition  of  any  bank  renders  it  necessary  or 
expedient  to  make  an  extra  examination  or  to  devote  any  extraordinary 
attention  to  its  affairs  the  superintendent  of  banks  shall  have  authority 
to  make  any  and  all  necessary  extra  examinations  and  to  devote  any 
necessary  extra  attention  to  the  conduct  of  its  affairs;  and  such  bank 
shall  pay  for  all  such  extra  services  rendered  by  the  superintendent  of 
banks  at  a  price  to  be  fixed  by  the  superintendent  of  banks  but  not  to 
exceed  twenty  dollars  per  day. 

Agency  of  Foreign  Bank. — The  superintendent  of  banks  shall  also 
have  power  to  examine,  or  cause  to  be  examined,  every  agency  located 
in  this  State  of  any  foreign  bank  or  banking  corporation,  for  the  pur- 
pose of  ascertaining  whether  it  has  complied  with  the  laws  of  this  State, 
and  for  such  other  purposes  and  as  to  such  other  matters  as  the  super- 
intendent may  prescribe. 

Power  to  Administer  Oath. — The  superintendent,  chief  deputy,  and 
every  such  examiner  shall  have  the  power  to  administer  an  oath  to  any 


CALIFORNIA  BANK  ACT.  251 

person  whose  testimony  he  may  require  on  the  examination  of  any  bank, 
or  on  the  examination  of  any  agency  of  any  foreign  bank  or"l)anking 
corporation,  and  to  compel  appearance  and  attendance  of  any  such 
person  for  the  purpose  of  any  such  examination. 

Appraisement  of  Securities  of  Doubtful  Value. — When  a  bank  shall 
have  been  examined  by  any  examiner,  and  he  finds  securities  therein 
which  are,  in  his  judgment,  of  doubtful  value,  he  shall  report  the  same 
to  the  superintendent  of  banks,  who  thereupon  shall  be  authorized  to 
employ  appraisers  at  the  expense  of  such  bank  to  appraise  said  securi- 
ties, at  a  compensation  to  be  fixed  by  the  superintendent  of  banks. 

Auditor. — The  superintendent  of  banks  shall,  whenever  requested 
to  do  so  by  any  bank,  provide  an  auditor  to  make  an  audit  of  the  affairs 
of  such  bank.  The  compensation  for  making  such  audit  shall  be  paid 
by  the  bank  direct  to  the  person  making  the  audit. 

Private  Trust  or  Title  Insurance  Business. — Nothing  herein  shall  be 
deemed  to  authorize  or  require  the  superintendent  of  banks  to  inspect 
or  supervise  the  private  trust  business  or  title  insurance  business  of  any 
corporation  doing  a  trust  business. 

§  125.  Examiner — Oath. — Every  examiner  appointed  by  the  su- 
perintendent of  banks  shall,  before  entering  upon  the  discharge  of  his 
duties,  take  the  constitutional  oath  of  office  and  cause  the  same  to  be 
filed  in  the  office  of  the  Secretary  of  State. 

No  Examiner  to  be  Appointed  Receiver  of  Bank  Examined. — No 
such  examiner  shall  be  appointed  receiver  of  any  bank  whose  books, 
papers  and  affairs  he  shall  have  examined  pursuant  to  his  appoint- 
ment. 

§  126.  Neglect  to  Report  Insolvency  or  Unsafe  Condition. — If  the 
chief  deputy  or  any  examiner  shall  have  knowledge  of  the  insolvency 
or  unsafe  condition  of  any  bank  mentioned  in  this  act,  and  that  it  is 
unsafe  or  inexpedient  to  permit  said  bank  to  continue  business,  and 
shall  neglect  to  forthwith  report  such  fact  in  w^riting  over  his  signa- 
ture to  the  superintendent  of  banks,  he  shall  be  guilty  of  felony. 

§  127.  Grounds  for  Withholding  Certificate  of  Authority. — No  bank 
shall  transact  any  business  in  this  State  without  the  written  approval 
of  the  superintendent  of  banks,  and  without  his  written  certificate 
stating  that  it  has  complied  with  the  provisions  of  this  act,  and  all 
the  requirements  of  law,  and  that  it  is  authorized  to  transact,  within 
this  State,  the  business  specified  therein;  which  certificate  may  be 
withheld  by  the  superintendent  of  banks  whenever  he  has  reason  to 
believe  that  the  bank  is  being  formed  for  any  other  than  the  legiti- 
mate objects  contemplated  by  this  act,  or  whenever  he  has  reason  to 
believe  that  the  public  convenience  and  advantage  will  not  be  pro- 
moted by  the  opening  of  such  bank,  or  whenever  he  has  reason  to 
believe  that  the  corporate  name  assumed  by  such  bank,  by  reason  of 
the  use  by  it  of  any  one  or  more  of  the  words  "commercial,"  "trust," 
or  "savings,"  in  conjunction  with  any  other  word  or  words,  resembles 
so  closely  as  to  be  likely  to  cause  confusion,  the  name  of  any  other 
bank  previously  formed  under  the  laws  of  this  State. 

Preliminary  Examination. — Before  issuing  such  certificate  the  su-. 
perintendent  of  banks  shall  examine,  or  cause  an  examination  to  be 


252  hillyer's  legal  manual. 

made,  in  order  to  ascertain  whether  the  requisite  capital  of  such  bank 
has  been  paid  up  in  cash  or  the  requisite  reserve  or  surplus  fund  has 
been  accumulated. 

When  Bank  may  Commence  Business. — The  superintendent  of  banks 
shall  not  authorize  such  bank  to  commence  business  until  it  appears 
from  such  examination,  or  other  evidence  satisfactory  to  him,  that  the 
requisite  capital  has  been,  in  good  faith,  subscribed  and  paid  in,  in 
cash,  or  that  the  requisite  surplus  or  reserve  fund  has  been  accumu- 
lated or  paid  in,  in  cash,  and  until  said  bank  shall  have  paid  a  fee  of 
fifty  dollars  for  each  department  to  be  operated  by  said  bank. . 

§  128.  Superintendent  to  Ascertain  Character  of  Stockholders. — 
When  the  certified  copy  of  articles  of  incorporation  of  any  bank  shall 
have  been  filed  with  the  Secretary  of  State,  and  application  made  for 
the  issuance  of  a  certificate  to  do  business  as  a  bank,  the  superintend- 
ent of  banks,  provided  he  has  not  withheld  granting  his  certificate 
for  any  of  the  reasons  set  forth  in  section  127  hereof,  shall  ascertain, 
from  the  best  sources  of  information  at  his  command,  whether  the 
character  and  general  fitness  of  the  persons  named  as  stockholders 
are  such  as  to  command  the  confidence  of  the  community  in  which 
such  bank  is  proposed  to  be  located. 

Issuance  of  Certificate  of  Authorization. — And,  if  so  satisfied,  he 
shall,  within  sixty  days  after  such  application  has  been  made  to 
him,  issue,  under  his  hand  and  ofiicial  seal,  the  certificate  of  authori- 
zation required  by  this  act.  The  superintendent  of  banks  shall  trans- 
mit a  duplicate  of  such  certificate  of  authorization  to  the  county 
clerk  of  the  county  in  w^hich  the  principal  place  of  business  of  such 
bank  is  located,  and  he  shall  file  the  same  in  his  office.  The  superin- 
tendent of  banks  shall  also  file  a  duplicate  of  such  certificate  in  his 
own  office. 

§  129.  Bank  Doing  Departmental  Business  to  Render  Separate 
Report  for  Each  Department. — Every  bank  doing  a  departmental 
business  shall  render  to  the  superintendent  of  banks  for  each  depart- 
ment conducted  by  it,  a  separate  report  showing  in  detail  as  required 
by  section  130  of  this  act,  the  actual  financial  condition  of  such  de- 
partment and  shall  at  the  time  of  furnishing  said  report  separately 
publish  the  statement  for  each  department  as  provided  in  section  132 
of  this  act. 

§  130.  Reports  to  Superintendent. — ^Every  bank,  organized  under 
the  laws  of  this  State,  shall,  whenever  required  by  the  superintendent 
of  banks,  make  a  report  in  writing  to  him,  verified  by  the  oath  of  its 
president  and  its  secretary  or  cashier,  or  two  principal  officers.  Such 
reports  shall  show  the  actual  financial  condition  of  the  bank  making 
the  report,  at  the  close  of  any  past  day  designated  by  the  superin- 
tendent, and  shall  specify  the  following: 

1.  Capital  Stock  and  Shares. — The  amount  of  its  capital  stock  and 
the  number  of  shares  into  which  it  is  divided. 

2.  Directors  and  Number  of  Shares. — The  names  of  the  directors 
and  the  number  of  shares  of  stock  held  by  each. 


CALIFORNIA  BANK  ACT.  253 

3.  Capital  Actually  Paid,  Surplus,  Reserve  and  Other  Funds. — The 

total  amount  of  capital  actually  paid  in,  in  cash,  and  the  total  amount 
of  surplus,  reserve  and  any  other  funds. 

4.  Amount  Due  Depositors. — The  total  amount  due  the  depositors. 

5.  Other  Liabilities. — ^The  total  amount  and  character  of  any  other 
liabilities  it  may  have. 

6.  Real  Estate. — The  amount  at  which  the  lot  and  building  occu- 
pied by  the  bank  for  the  transaction  of  its  regular  business  stands 
debited  on  its  books ;  also  the  market  value  of  all  other  real  estate 
held,  whether  acquired  in  settlement  of  loans  or  otherwise,  the  original 
cost  to  the  bank,  the  date  when  acquired,  the  amount  at  which  it 
stands  debited  on  the  bank  books,  in  what  counties  situated,  and  in 
what  name  the  title  is  vested,  if  not  in  the  name  of  the  bank  itself. 

7.  Amount  Loaned  on  Real  Estate. — The  amount  loaned  on  real 
estate,  specifying  the  amount  secured  on  real  estate  in  each  county 
separately ;  also  specifying  the  name  of  the  person  in  whose  name  the 
property  is  held  in  trust  or  as  security,  in  case  it  is  held  in  any  name 
other  than  that  of  the  bank  and  the  instrument  creating  the  security 
does  not  itself  disclose  the  name  of  the  bank. 

8.  Bonds. — ^The  amount  invested  in  bonds,  designating  the  name 
and  amount  of  each  particular  kind. 

9.  Amount  Loaned  on  Stocks  and  Bonds. — The  amount  loaned  on 
stocks  and  bonds,  designating  each  particular  class  and  the  amount 
thereof. 

10.  Amount  Loaned  on  Other  Securities. — The  amount  of  money 
loaned  on  other  securities,  with  a  particular  designation  of  each  class 
and  the  amount  loaned  on  each. 

11.  Money. — The  amount  and  kind  of  money  on  hand  or  deposited 
in  any  other  bank  or  place,  with  the  name  of  the  place  where  de- 
posited and  the  amount  in  each  place. 

12.  Other  Property  or  Money  not  Otherwise  Enumerated. — Any 
other  property  held,  or  any  amount  of  money  loaned,  deposited,  in- 
vested or  placed,  not  otherwise  herein  enumerated,  and  the  place 
where  situate  and  the  value  of  said  property,  and  the  amount  so 
loaned,  deposited  or  placed. 

13.  Date  of  Last  Directors'  Examination. — The  date  on  which  ex- 
amination of  the  bank  was  last  made  by  its  board  of  directors  and 
the  date  on  which  report  of  such  examination  was  filed,  as  required 
by  section  139  of  this  act. 

14.  Outstanding  Loans. — The  outstanding  and  unpaid  amounts  of 
any  loans  made  by  the  bank,  which  under  the  provisions  of  either 
section  65  or  83  of  this  act  are  required  to  be  reported  to  the  superin- 
tendent of  banks. 

15.  Overdrafts,  etc. — Any  overdrafts  and  any  loans,  investments, 
acts  or  omissions  violative  of  or  not  in  conformity  with  any  provision 
of  this  act  which  may  be  specifically  called  for. 

Reports  by  Foreign  Banks. — ^Every  foreign  corporation  transacting 
the  business  of  banking  in  this  State  shall  make  the  report  herein 
required  as  far  as  such  report  may  relate  to  the  affairs  of  such  cor- 


254  hillyer's  legal  manual. 

poratioii  iii  this  State,  and  every  foreign  corporation  must  particularly 
render  the  report  required  by  subdivisions  3,  4,  5,  6,  7,  8,  9,  10,  11,  12, 
13,  14,  and  15  of  this  section.  Such  report  shall  be  made  in  writing 
and  verified  by  the  oath  of  one  of  its  duly  authorized  officers  or  man- 
agers residing  in  this  State.  The  oaths  of  the  officers  and  the  state- 
ments above  required  shall  state  that  they  and  each  of  them  have  a 
personal  knowledge  of  the  matters  therein  contained,  and  that  they 
believe  every  allegation,  statement,  matter,  and  thing  therein  con- 
tained is  true.  Any  willful  false  statement  in  the  premises  shall  be 
perjury  and  shall  be  punished  as  such. 

§  130a.  Special  Report. — In  addition  to  the  information  obtained 
from  the  report  required  by  the  provisions  of  section  130  of  this  act, 
the  superintendent  of  banks  shall  also  have  the  power  to  require  any 
bank  to  furnish  a  special  report  in  writing,  verified  as  required  by 
section  130  of  this  act,  whenever  in  his  judgment  such  special  report 
is  necessary  to  inform  him  fully  of  the  actual  financial  condition  and 
affairs  of  such  bank.  Any  willful  false  statement  in  the  premises  shall 
be  perjury  and  shall  be  punished  as  such. 

§  131.  Call  for  Reports. — The  superintendent  of  banks  shall  call 
for  the  reports  specified  by  section  130  of  this  act  at  least  three  times 
each  year.  The  ''past  day  designated  by  the  superintendent"  of 
banks  under  the  provisions  of  section  130  of  this  act  shall  be  as  nearly 
as  possible  the  day  designated  by  the  comptroller  of  currency  of  the 
United  States  for  reports  of  national  banking  associations. 

§  132.  Published  Statement. — At  the  time  of  furnishing  such  re- 
port to  the  superintendent  of  banks,  every  bank  shall  also  publish  a 
condensed  statement  of  its  financial  condition,  at  least  once,  in  some 
newspaper  of  general  circulation,  published  in  the  city  or  town  where 
its  principal  place  of  business  is  located,  and,  if  no  paper  is  published 
in  such  town,  then  in  some  newspaper  of  general  circulation  in  the 
county  where  its  principal  place  of  business  is  located.  Such  published 
statement  shall  show  the  total  amount  of  loans,  the  total  amount  of 
overdrafts,  the  total  amount  invested  in  bonds  and  other  securities, 
the  total  amount  due  from  banks,  the  total  amount  of  checks  and  other 
cash  items,  the  total  amount  of  cash  on  hand,  capital  paid  in,  surplus 
funds;  undivided  profits,  less  expenses  and  taxes  paid;  due  to  other 
banks  and  bankers,  due  to  trust  companies  and  savings  banks;  in- 
dividual deposits  subject  to  checks ;  demand  certificates  of  deposit ; 
time  deposit;  certified  checks;  cashier's  checks  Outstanding;  and  such 
other  items  as  will  show  the  actual  financial  condition  of  the  bank 
making  the  report. 

§  133.  Impairment  or  Reduction  of  Capital. — Whenever  it  shall  ap- 
pear from  the  report  of  any  bank,  or  the  superintendent  of  banks  shall 
have  reason  to  believe  that  the  capital  of  any  bank  is  impaired  or 
reduced  below  the  amount  required  by  law,  it  shall  be  the  duty  of  the 
superintendent  of  banks  and  he  shall  have  the  power  to  examine  said 
bank  and  ascertain  the  facts,  and  in  case  he  finds  such  impairment  or 
reduction  of  capital,  he  shall  require  such  bank  to  make  good  the  de- 
ficiency so  appearing  within  sixty  days  after  the  date  of  such  requisi- 
tion. 


CALIFORNIA  BANK  ACT.  255 

Assessment  to  Repair  Deficiency.— The  directors  of  every  such  bank7 
upon  which  such  requisition  shall  have  been  made,  shall  levy  an  assess- 
ment upon  the  stock  thereof  to  repair  such  deficiency,  and  shall  cause 
notice  of  such  requisition  to  be  ^iven  to  each  stockholder  of  the  bank 
and  of  the  amount  of  the  assessment  which  he  must  pay  for  the  pur- 
pose of  making  good  such  deficienc}^,  by  a  written  or  printed  notice 
mailed  to  such  stockholder  at  his  last  known  address  or  served  per- 
sonally upon  him. 

Sale. — If  any  stockholder  shall  refuse  or  neglect  to  pay  the  assess- 
ment specified  in  such  notice  within  thirty  days  from  the  date  of  mailing 
or  serving  such  notice  as  aforesaid,  the  directors  of  such  bank  shall  have 
the  right  to  sell  to  the  highest  bidder  at  public  auction  the  stock  of  such 
stockholder,  after  giving  a  previous  notice  of  such  sale  for  ten  days  in  a 
newspaper  of  general  circulation  published  in  the  county  where  the  prin- 
cipal place  of  bu-siness  of  such  bank  is  located,  and  a  copy  of  such  notice 
of  sale  shall  also  be  served  on  the  owner  of  such  stock  by  being  served 
personally  on  him  or  by  mailing  to  his  last  known  address  ten  days  before 
the  day  fixed  for  such  sale. 

Private  Sale. — Such  stock  may  be  sold  at  private  sale  and  without 
such  public  notice ;  provided,  however,  that  before  making  such  private 
sale  thereof  an  offer  in  writing  shall  first  be  obtained  and  a  copy  thereof 
served  upon  the  owner  of  record  of  the  stock  sought  to  be  sold,  either  per- 
sonally or  by  mailing  a  copy  of  such  offer  to  his  last  known  address ;  and 
if,  after  service  of  such  offer,  such  owner  shall  still  refuse  or  neglect  to 
pay  such  as.sessment  within  two  weeks  from  the  time  of  the  service  of  such 
offer,  the  said  directors  may  accept  such  offer  and  sell  such  stock  to  the 
person  making  such  offer,  or  to  any  other  person  or  persons  making  a 
larger  offer  than  the  amount  named  in  the  offer  submitted  to  the  stock- 
holder ;  but  such  stock  shall  in  no  event  be  sold  for  a  smaller  sum  than 
the  valuation  put  on  it  by  the  superintendent  of  banks  in  his  determina- 
tion and  requisition  as  to  said  assessment,  nor  for  less  than  the  amount 
of  said  assessment  so  called  for  and  the  expense  of  sale.  Out  of  the  avails 
of  the  stock  so  sold,  the  directors  shall  pay  the  amount  of  assessment 
levied  thereon,  and  the  necessary  costs  of  sale,  and  the  balance,  if  any, 
shall  be  paid  to  the  person  or  persons  whose  stock  has  thus  been  sold. 

Outstanding"  Certificate. — A  sale  of  stock  as  herein  provided  shall 
effect  an  absolute  cancellation  of  the  outstanding  certificate  or  certificates 
evidencing  the  stock  so  sold,  and  shall  make  the  same  null  and  void,  and 
a  new  certificate  shall  be  issued  by  the  bank  to  the  purchaser  thereof. 

§  134.     Order  to  Discontinue  Violations  or  Unsafe  Practices. — If  it 

shall  appear  to  the  superintendent  of  banks  that  any  bank  has  violated 
or  failed  to  comply  with  the  provisions  of  its  articles  of  incorporation, 
or  any  law  of  this  State,  he  may,  by  an  order  under  his  hand  and  official 
seal,  which  seal  must  be  adopted  by  him,  addressed  to  such  bank,  direct 
such  bank  to  discontinue  such  violation  and  to  comply  with  the  law ;  or, 
if  it  shall  appear  to  the  superintendent  of  banks  that  such  bank  is  con- 
ducting business  in  an  unsafe  or  injurious  manner,  he  may,  in  like  man- 
ner direct  the  discontinuance  of  any  such  unsafe  or  injurious  practices. 
Order  to  Show  Cause. — Such  order  shall  require  such  bank  to  show 
cause,  before  the  superintendent  of  banks,   at  the  time  and  place  to 


256  HILLYER^S  LEGAL   MANUAL. 

be  fixed  by  him,  why  said  order  should  not  be  observed.  If  upon  such 
hearing  it  shall  appear  to  the  superintendent  of  banks  that  such  bank  is 
conducting  business  in  an  unsafe  or  injurious  manner,  or  is  violating  or 
failing  to  comply  with  the  provisions  of  its  articles  of  incorporation,  or 
any  law  of  this  State,  then  the  superintendent  of  banks  shall  make  such 
order  final,  and  such  bank  shall  immediately  comply  with  such  order 
made  by  the  superintendent  of  banks. 

Suit  to  Restrain  Enforcement  of  Order. — Such  bank  shall  have  ten 
days  after  any  such  order  is  made  final  in  which  suit  may  be  commenced  to 
restrain  enforcement  of  such  order,  and  unless  such  action  be  so  com- 
menced and  enforcement  of  said  order  be  enjoined  within  ten  days,  by 
the  court  in  which  such  suit  is  brought,  then  such  bank  shall  comply  with 
such  order. 

§  135.  Superintendent  may  Call  Meeting  of  Stockholders. — When- 
ever the  superintendent  of  banks  shall  deem  it  expedient  he  may  call  a 
meeting  of  the  stockholders  of  any  bank  organized  under  the  laws  of  this 
State,  by  a  personal  notice  of  such  meeting  for  fifteen  days  previous 
thereto.  All  necessary  expense  incurred  in  the  serving  of  such  notice 
shall  be  borne  by  the  bank  whose  stockholders  are  required  to  convene. 

§  135a.  Action  to  Procure  Judgment  Dissolving  Corporation. — If 
the  capital  of  any  bank  shall  be  impaired,  or  if  any  bank  shall  refuse 
to  submit  its  books,  papers  and  concerns  to  the  inspection  of  any  exam- 
iner, or  if  any  ofiicer  thereof  shall  refuse  to  be  examined  upon  oath  touch- 
ing the  concerns  of  such  bank,  or  if  such  bank  shall  violate  the  provisions 
of  its  articles  of  incorporation,  or  any  law  of  this  State,  or  if  such  bank 
shall  suspend  payment  of  its  obligations,  or  if  such  bank  shall  conduct 
its  business  in  an  unsafe  or  unauthorized  manner,  or  if  from  any  exam- 
ination or  report  provided  for  by  this  act  the  superintendent  of  banks 
shall  conclude  that  such  bank  is  in  an  unsound  or  unsafe  condition  to 
transact  the  business  for  which  it  is  organized,  or  that  it  is  unsafe  and 
inexpedient  for  it  to  continue  business,  an  action  to  procure  a  judgment 
dissolving  such  corporation  may  be  maintained  by  the  superintendent  of 
banks. 

§  136.    Superintendent   to   Take   Possession  of  Unsound   Bank. — 

Whenever  it  shall  appear  to  the  superintendent  of  banks  that  any  bank 
has  violated  the  provisions  of  its  articles  of  incorporation  or  any  law  of 
this  State,  or  is  conducting  its  business  in  an  unsafe  or  unauthorized  man- 
ner, or  if  the  capital  of  any  bank  is  impaired,  or  if  any  bank  shall  refuse 
to  submit  its  books,  papers  and  concerns  to  the  inspection  of  any  exam- 
iner, or  if  any  officer  thereof  shall  refuse  to  be  examined  upon  oath  touch- 
ing the  concerns  of  any  such  bank  or  if  any  bank  shall  suspend  payment 
of  its  obligations,  or  if  from  any  examination  or  report  provided  for  by 
this  act  the  superintendent  of  banks  shall  have  reason  to  conclude  that 
such  bank  is  in  an  unsound  or  unsafe  condition  to  transact  the  business 
for  which  it  is  organized,  or  that  it  is  unsafe  and  inexpedient  for  it  to 
continue  business,  or  if  any  bank  shall  neglect  or  refuse  to  observe  any 
order  of  the  superintendent  of  banks  specified  in  sections  133  or  134  of 
this  act,  the  superintendent  of  banks  may  forthwith  take  possession  of 
the  property  and  business  of  such  bank  and  retain  such  possession  until 


CALIFORNIA  BANK  ACT.  257 

such  bank  shall  resume  business,  or  its  affairs  be  finally  liquidated  as. 
herein  provided. 

Notice  of  Taking  Possession— Effect  of. — On  taking  possession  of  the 
property  and  business  of  any  such  bank  the  superintendent  of  banks  shall 
forthwith  give  notice  of  such  fact  to  any  and  all  banks,  trust  companies, 
associations  and  individuals,  holding  or  in  possession  of.  any  assets  of  such 
bank.  No  bank,  trust  company,  association  or  individual  knowing  of 
such  taking  possession  by  the  superintendent  of  banks,  or  notified  as 
aforesaid,  shall  have  a  lien  or  charge  for  any  payment,  advance  or  clear- 
ance thereafter  made,  or  liability  thereafter  incurred  against  any  of  the 
assets  of  the  bank  of  whose  property  and  business  the  superintendent  of 
banks  shall  have  taken  possession  as  aforesaid. 

Resumption. — Such  bank  may,  with  the  consent  of  the  superintendent 
of  banks,  resume  business  upon  such  conditions  as  may  be  approved  by 
him. 

Authority  to  Collect  Moneys. — Upon  taking  possession  of  the  prop- 
erty and  business  of  any  such  bank  the  superintendent  of  banks  shall 
have  authority  to  collect  moneys  due  to  such  bank  and  do  such  other  acts 
as  are  necessary  to  conserve  its  assets  and  business,  and  shall  proceed  to 
liquidate  the  affairs  thereof  as  hereinafter  provided. 

Bad  or  Doubtful  Debts. — The  superintendent  of  banks  shall  collect  all 
debts  due  and  claims  belonging  to  it,  and  upon  the  order  of  the  superior 
court  may  sell  or  compound  any  bad  or  doubtful  debts.  If  a  purchaser 
for  any  bad  or  doubtful  debts  cannot  be  obtained  and  it  appears  improb- 
able that  recovery  thereon  can  be  had  and  that  the  costs  of  actions  to 
enforce  collection  of  the  same  would  probably  be  lost,  the  court  may  direct 
that  suits  thereon  need  not  be  brought. 

Sales. — On  like  order  he  may  sell  any  real  or  personal  property  of 
such  bank  on  such  terms  as  the  court  shall  direct. 

Action  to  Enforce  Stockholders^  Liability. — And  may,  if  necessary 
to  pay  the  debts  of  such  bank,  enforce  the  constitutional  individual  lia- 
bility of  stockholders  by  action  to  be  brought  within  three  years  after  the 
date  of  his  taking  possession  of  the  affairs  of  such  bank.  The  superin- 
tendent of  banks  shall  determine  the  necessity  of  such  action  and  the 
amount  necessary  to  recover  from  the  stockholders  to  fully  pay  all  lia- 
bilities of  such  bank.  Such  action  may  be  in  equity  and  against  all  stock- 
holders upon  whom  service  of  process  in  the  State  of  California  can  be 
had,  and  the  court  may  therein  determine  and  provide  for  any  equities 
as  between  the  stockholders  including  the  proportions  of  each  stockholder 
to  any  surplus  of  money  or  assets  that  may  remain  after  the  payment 
of  all  liabilities  and  the  expenses  of  liquidation.  The  superintendent  of 
banks  may  also  maintain  an  action  against  any  stockholder  residing  out 
of  the  State  or  upon  which  service  of  process  cannot  be  had  within  the 
State,  in  any  court  of  the  United  States  or  of  any  State  or  country. 

Judgment  may  be  Compromised. — Any  judgment  so  obtained  by  the 
superintendent  of  banks  against  such  or  any  of  such  stockholders  w^hich 
is  of  doubtful  value  may  be  compromised  and  compounded  by  the  super- 
intendent of  banks  on  such  terms  and  conditions  as  the  superior  court 
may  direct  or  authorize.  The  superintendent  of  banks  shall  file  a  notice 
17 


258 

of  pendency  of  action  in  the  county  recorder's  office  of  the  county  where 
such  action  is  brought. 

Creditor  may  Elect  to  Maintain  Action  in  His  Individual  Capacity. — 

At  any  time  prior  to  the  trial  of  any  such  action,  any  creditor  may  serve 
upon  the  superintendent  of  banks  and  file  with  the  court  wherein  such 
action  is  pending,"  notice  that  he  elects  to  maintain  an  action  against  the 
stockholders  or  any  of  them,  in  his  individual  capacity  and  thereupon  the 
amount  sued  for  in  such  action  shall  be  reduced  accordingly  and  such 
creditor  shall  not  be  entitled  to  share  in  the  proceeds  resulting  from  such 
action  brought  by  the  superintendent  of  banks. 

Powers  of  Superintendent  on  Liquidation. — ^For  the  purpose  of  ex- 
ecuting and  performing  any  of  the  powers  and  duties  hereby  conferred 
upon  him,  the  superintendent  of  banks  may,  in  the  name  of  the  delin- 
quent bank  or  in  his  own  name,  prosecute  and  defend  any  and  all  suits 
and  other  legal  proceedings  and  may,  in  the  name  of  the  delinquent  bank 
or  in  his  own  name  as  trustee  execute,  acknowledge  and  deliver  any  and 
all  deeds,  assignments,  releases  and  other  instruments  necessary  and 
proper  to  effectuate  any  sale  of  real  or  personal  property  or  sale  or  com- 
promise or  compound  authorized  by  order  of  the  court  as  herein  pro- 
vided; and  any  deed  or  other  instrument,  executed  pursuant  to  the 
authority  hereby  given,  shall  be  valid  and  effectual  for  all  purposes,  as 
though  the  same  had  been  executed  by  the  officers  of  the  delinquent  bank 
by  authority  of  its  board  of  directors.  In  case  any  of  the  real  property 
so  sold  is  located  in  a  county  other  than  the  county  in  which  the  applica- 
tion to  the  court  for  leave  to  sell  the  same  is  made,  the  superintendent  of 
banks  shall  cause  a  certified  copy  of  the  order  authorizing  or  ratifying 
such  sale  to  be  filed  in  the  office  of  the  recorder  of  the  county  in  which 
the  said  real  property  is  located. 

Special  Deputy  Superintendents  of  Banks. — The  superintendent  of 
banks  may,  under  his  hand  and  official  seal,  appoint  one  or  more  special 
deputy  superintendents  of  banks,  as  agent  or  agents,  with  the  powers 
specified  in  the  certificate  of  appointment  hereinafter  mentioned,  to  assist 
him  in  the  duty  of  liquidation  and  distribution,  the  certificate  of  appoint- 
ment to  be  filed  in  the  office  of  the  superintendent  of  banks,  and  a  cer- 
tified copy  in  the  office  of  the  clerk  of  the  county  in  which  the  principal 
office  of  such  bank  is  located. 

Certificate  of  Appointment. — The  superintendent  of  banks  may  from 
time  to  time,  by  a  certificate  of  appointment  under  his  hand  and  official 
seal,  specifying  the  powers  conferred,  authorize  a  special  deputy  super- 
intendent to  perform  such  duties  connected  with  such  liquidation  and 
distribution  as  the  superintendent  of  banks  may  deem  proper.  Such  cer- 
tificate of  appointment  shall  be  filed  in  the  office  of  the  superintendent  of 
banks  and  a  certified  copy  in  the  office  of  the  clerk  of  the  county  in  which 
the  principal  office  of  such  bank  is  located. 

Counsel  and  Expert  Assistance.— The  superintendent  of  banks  may 
employ  such  counsel  and  procure  such  expert  assistance  and  advice  as 
may  be  necessary  in  the  liquidation  and  distribution  of  the  assets  of  such 
bank,  and  for  that  purpose  may  retain  such  of  the  officers  or  employees 
of  such  bank  as  he  may  deem  necessary.  The  superintendent  of  banks 
shall  require  from  a  special  deputy  superintendent  and  from  such  assist- 


CALIFORNIA  BANK  ACT.  259 

ants  such  security  for  the  faithful  discharge  of  their  duties  as  he  ma^ 
deem  proper. 

Notice  to  Present  Claims. — The  superintendent  of  banks  shall  cause 
notice  to  be  given  by  advertisement,  in  such  newspapers  as  he  may  direct, 
weekly  for  three  consecutive  months,  calling  on  all  persons  who  may  have 
claims  against  such  bank  to  present  the  same  to  the  superintendent  of 
banks,  and  make  legal  proof  thereof  at  a  place  and  within  a  time,  not 
earlier  than  the  last  day  of  publication,  to  be  therein  specified.  The 
superintendent  of  banks  shall  mail  a  similar  notice  to  all  persons  whose 
names  appear  as  creditors  upon  the  books  of  the  bank. 

Notice  of  Rejection. — If  the  superintendent  of  banks  doubts  the  jus- 
tice and  validity  of  any  claim,  he  may  reject  the  same,  and  serve  notice 
of  such  rejection  upon  the  claimant,  either  by  mail  or  personally.  An 
affidavit  of  the  service  of  such  notice  which  shall  be  prima  facie  evidence 
thereof  shall  be  filed  with  the  superintendent  of  banks. 

Action  upon  Rejected  Claims. — Any  action  upon  a  claim  so  rejected 
must  be  brought  within  six  months  after  such  service. 

Claims  Presented  After  Time. — Claims  presented  after  the  expiration 
of  the  time  fixed  in  the  notice  to  creditors  shall  be  entitled  to  share  in 
the  distribution  only  to  the  extent  of  the  assets  in  the  hands  of  the  super- 
intendent of  banks  equitably  applicable  thereto. 

Inventory. — Upon  taking  possession  of  the  property  and  assets  of  any 
bank,  the  superintendent  of  banks  shall  make  an  inventory  of  the  assets 
of  such  bank  in  duplicate,  one  to  be  filed  in  the  office  of  the  superintend- 
ent of  banks,  and  one  with  the  papers  in  said  proceeding  in  the  office  of 
the  clerk  of  the  county  in  which  the  principal  office  of  such  bank  is 
located. 

List  of  Claims  Presented. — Upon  the  expiration  of  the  time  fixed  for 
the  presentation  of  claims  the  superintendent  of  banl'js  shall  make  in 
duplicate  a  full  and  complete  list  of  the  claims  presented,  including  and 
specifying  such  claims  as  have  been  rejected  by  him,  one  to  be  filed  in 
the  office  of  the  superintendent  of  banks,  and  one  with  the  papers  in  said 
proceeding  in  the  office  of  the  clerk  of  the  county  in  which  the  principal 
office  of  such  bank  is  located. 

Supplemental  List  of  Claims. — Thereafter  he  shall  make  and  file  in 
said  offices  as  above  provided  at  least  fifteen  days  before  each  application 
to  the  court  for  leave  to  declare  a  dividend  a  supplemental  list  of  the 
claims  presented  since  the  last  preceding  list  was  filed,  including  and 
specifying  such  claims  as  have  been  rejected  by  him,  and  in  any  event  he 
shall  make  and  file  as  above  provided  such  a  list  at  least  once  every  six 
months  after  the  filing  of  the  original  list,  as  long  as  he  shall  remain  in 
possession  of  the  property  and  business  of  any  such  bank.  Such  in- 
ventory and  list  of  claims  shall  be  open  at  all  reasonable  times  to  inspec- 
tion. 

Compensation  of  Employees  and  Expenses  of  Liquidation. — The  com- 
pensation of  the  special  deputy  superintendents,  counsel  and  other  em- 
ployees and  assistants,  and  all  expenses  of  supervision  and  liquidation, 
shall  be  fixed  by  the  superintendent  of  banks  and  shall  upon  the  certificate 
of  the  superintendent  of  banl^  be  paid  out  of  the  funds  of  such  bank  in 
the  hands  of  the  superintendent  of  banks.     All  such  expenses  must  be  re- 


260  hillyer's  legal  manual. 

ported  by  the  superintendent  of  banks  to  the  superior  court  of  the  county 
where  the  principal  place  of  business  of  such  bank  is  located  and  settled 
by  such  court  upon  notice  to  such  bank. 

Deposit  of  Moneys  Collected. — The  moneys  collected  by  the  superin- 
tendent of  banks  shall  be  from  time  to  time  deposited  in  one  or  more 
State  banks  of  deposit,  savings  banks  or  trust  companies,  and,  in  case  of 
the  suspension  or  insolvency  of  the  depositary,  such  deposits  shall  be  pre- 
ferred before  all  other  deposits. 

Dividends. — ^At  any  time  after  the  expiration  of  the  date  fixed  for  the 
presentation  of  claims  the  superior  court  may  by  order  authorize  the 
superintendent  of  banks  to  declare  out  of  the  funds  remaining  in 
his  hands  after  the  payment  of  expenses  one  or  more  dividends,  and  after 
the  expiration  of  one  year  from  the  first  publication  of  notice  to  creditors 
he  may  declare  a  final  dividend,  such  dividends  to  be  paid  to  such  persons, 
and  in  such  amounts,  and  upon  such  notice,  as  may  be  directed  by  the 
superior  cou)'t  of  the  county  in  which  the  principal  office  of  such  bank 
is  located. 

Objectians  to  Claims. — Objections  to  any  claim  not  rejected  by  the 
superintendent  of  banks  may  be  made  by  any  party  interested  by  filing 
a  copy  of  such  objections  with  the  superintendent  of  banks,  who  shall 
present  the  same  to  the  superior  court  at  the  time  of  the  next  application 
to  declare  a  dividend.  The  court  to  which  such  application  is  made  shall 
thereupon  dispose  of  said  objections  or  may  order  a  reference  for  that 
purpose,  and  should  the  objections  to  any  claim  be  sustained  by  the  court 
or  by  the  referee,  such  claim  shall  not  be  allowed  by  the  superintendent 
of  banks  until  the  claimant  shall  have  established  his  claim  by  the  judg- 
ment of  a  court  of  competent  jurisdiction.  The  court  must  make  proper 
provision  for  unproved  or  unclaimed  deposits. 

Notice  to  Bailors  to  Remove  Property. — Should  any  bank  at  the  time 
the  superintendent  of  banks  takes  possession  of  its  property  and  business, 
have  in  its  possession,  as  bailee  for  safekeeping  and  storage,  any  jewelry, 
plate,  money,  specie,  bullion,  stocks,  bonds,  securities,  valuable  papers 
or  other  valuable  personal  property  or  should  it  have  rented  an}^  vaults, 
safes  or  safe  deposit  boxes  or  any  portion  thereof  for  the  storage  of 
property  of  any  kind,  the  superintendent  of  banks  may  at  any  time  there- 
after cause  to  be  mailed  to  the  person  claiming  to  be  or  appearing  upon 
its  books  to  be  the  owner  of  such  property,  or  the  person  in  whose  name 
the  safe,  vault  or  box  stands,  a  notice  in  writing  in  a  securely  closed,  post- 
paid registered  letter,  directed  to  such  person  at  his  postofiice  address  as 
recorded  upon  its  books,  notifying  such  person  to  remove,  within  a  period 
fixed  by  said  notice  and  not  less  than  sixty  days  from  the  date  thereof, 
all  such  personal  property  and  upon  the  date  fixed  by  said  notice,  the 
contract,  if  any,  between  such  person  and  bank  for  the  storage  of  said 
property  or  for  the  use  of  the  said  safe,  vault  or  box  shall  cease  and  deter- 
mine, and  the  amount  of  the  unearned  rent  or  charges,  if  any,  paid  by 
such  person  shall  become  a  debt  of  the  bank  to  said  person.  If  the  prop- 
erty be  not  removed  within  the  time  fixed  by  the  notice,  the  superintend- 
ent of  banks  may  make  such  disposition  of  said  property  as  the  superior 
court,  upon  application  thereto,  shall  direct. 

Disposition  of  Contents  of  Safes,  etc.— And  the  superintendent  of 
banks  may  cause  any  safe,  vault  or  box  to  be  opened  in  his  presence  or  in 


CALIFORNIA  BANK  ACT.  261 

the  presence  of  one  of  the  special  deputy  superintendents  of  banks,  and  of 
a  notary  public  not  an  officer  or  in  the  employ  of  the  bank  or  of  the  super- 
intendent of  banks,  and  the  contents  thereof,  if  any,  to  be  sealed  up  by 
such  notary  public  in  a  package  upon  which  such  notary  public  shall  dis- 
tinctly mark  the  name  and  address  of  the  person  in  whose  name  such 
safe,  vault  or  box  stands  upon  the  books  of  the  bank  and  shall  attach 
thereto  a  list  and  description  of  the  property  therein;  and  the  package 
so  sealed  and  addressed,  together  with  the  list  and  description,  may  be 
kept  by  the  superintendent  of  banks  in  one  of  the  general  safes  or  boxes 
of  the  bank  until  delivered  to  the  person  whose  name  it  bears,  or  until 
otherwise  disposed  of  as  directed  by  the  court. 

Application  for  Injunction  Against  Superintendent. — Whenever  any 
such  bank  of  whose  property  and  business  the  superintendent  of  banks 
has  taken  possession  as  aforesaid,  deems  itself  aggrieved  thereby,  it  may, 
at  any  time  within  ten  days  after  taking  such  possession,  apply  to  the 
superior  court  in  the  county  in  which  the  principal  office  of  such  bank  is 
located  to  enjoin  further  proceedings;  and  said  court,  after  citing  the 
superintendent  of  banks  to  show  cause  why  further  proceedings  should 
not  be  enjoined,  and  hearing  the  allegations  and  proofs  of  the  parties 
and  determining  the  facts  may,  upon  the  merits,  dismiss  such  applica- 
tion or  enjoin  the  superintendent  of  banks  from  further  proceedings,  and 
direct  him  to  surrender  such  business  and  property  to  such  bank. 

Appeal. — An  appeal  as  above  provided  shall  operate  as  a  stay  of 
the  judgment  of  the  superior  court,  and  no  bond  need  be  given  if  the 
appeal  be  taken  by  the  superintendent  of  banks;  but  if  the  appeal  be 
taken  by  such  bank,  a  bond  shall  be  given,  as  required  by  section  943>  of 
the  Code  of  Civil  Procedure. 

Meeting  of  Stockholders  to  Determine  Whether  Superintendent  shall 
be  Continued  as  Liquidator. — Whenever  the  superintendent  of  banks 
shall  have  paid  to  each  and  every  depositor  and  creditor  of  such  bank 
whose  claim  or  claims  as  such  creditor  or  depositor  shall  have  been  duly 
proved  and  allowed,  the  full  amount  of  such  claims,  and  shall  have  made 
proper  provision  for  unclaimed  and  unpaid  deposits  or  dividends,  and 
shall  have  paid  all  the  expenses  of  the  liquidation,  the  superintendent 
of  banks  shall  call  a  meeting  of  the  stockholders  of  such  bank  giving 
notice  thereof  thirty  days  in  one  or  more  newspapers  published  in  the 
county  where  the  principal  office  of  such  bank  is  located.  At  such  meet- 
ing the  stockholders  shall  determine  whether  the  superintendent  of  banks 
shall  be  continued  as  liquidator  and  shall  wind  up  the  affairs  of  such 
bank,  or  whether  an  agent  or  agents  shall  be  elected  for  that  purpose, 
and  in  so  determining  the  said  stockholders  shall  vote  by  ballot,  in  person 
or  by  proxy,  each  share  of  stock  entitling  the  holder  to  one  vote,  and  the 
majority  of  the  stock  shall  be  necessary  to  a  determination. 

Completion  of  Liquidation  by  Superintendent. — In  case  it  is  deter- 
mined to  continue  the  liquidation  under  the  superintendent  of  banks, 
he  shall  complete  the  liquidation  of  the  affairs  of  such  bank,  and  after 
paying  the  expenses  thereof,  shall  distribute  the  proceeds  among  the 
stockholders  in  proportion  to  the  several  holdings  of  stock  in  such  man- 
ner and  upon  such  notice  as  may  be  directed  by  the  superior  court. 

Liquidation  by  Agent. — In  case  it  is  determined  to  appoint  an  agent 
or  agents  to  liquidate,  the  stockholders  shall  thereupon  select  such  agent 


262  HILLYER^S  LEGAL   MANUAL. 

or  agents  by  ballot,  a  majority  of  the  stock  present  and  voting,  in  person 
or  by  proxy,  being  necessary  to  a  choice.  Such  agent  or  agents  shall  ex- 
ecute and  file  with  the  superintendent  of  banks  a  bond  to  the  people  of 
the  State  in  such  amount,  and  with  such  sureties  and  in  such  form  as  shall 
be  approved  by  the  superintendent  of  banks,  conditioned  for  the  faithful 
performance  of  all  the  duties  of  his  or  their  trust,  and  thereupon  the 
superintendent  of  banks  shall  transfer  and  deliver  to  such  agent  or  agents 
all  the  undivided  or  uncollected  or  other  assets  of  such  bank  then  remain- 
ing in  his  hands ;  and  upon  such  transfer  and  delivery,  the  said  superin- 
tendent of  banks  shall  be  discharged  from  any  and  all  further  liability 
to  such  bank  and  its  creditors.  Such  agent  or  agents  shall  convert 
the  assets  coming  into  his  or  their  possession  into  cash,  and  shall  account 
for  and  make  distribution  of  the  property  of  said  bank  as  is  herein  pro- 
vided in  the  case  of  distribution  by  the  superintendent  of  banks,  except 
that  the  expenses  thereof  shall  be  subject  to  the  direction  and  control  of  a 
court  of  record  of  competent  jurisdiction. 

Death,  Removal  or  Refusal  to  Act  of  Agent. — In  case  of  the  death, 
removal,  or  refusal  to  act  of  any  such  agent  or  agents,  the  stockholders, 
on  the  same  notice,  to  be  given  by  the  superintendent  of  banks  upon  proof 
of  such  death,  removal  or  refusal  to  act  being  filed  with  him,  and  by  the 
same  vote  hereinbefore  provided,  may  elect  a  successor,  who  shall  have  the 
same  powers  and  be  subject  to  the  same  liabilities  and  duties  as  the  agent 
originally  elected. 

Dividends  and  Unclaimed  Deposits  Remaining  Unpaid. — Dividends 
and  unclaimed  deposits  remaining  unpaid  in  the  hands  of  the  superin- 
tendent of  banks  for  six  months  after  the  order  for  final  distribution  shall 
be  by  him  deposited  with  the  State  treasurer  in  the  same  manner  and 
subject  to  the  same  disposition  as  provided  for  in  section  1234  of  the  Code 
of  Civil  Procedure.  The  superintendent  of  banks  may  pay  over  the 
moneys  so  held  by  him  to  the  persons  respectively  entitled  thereto  upon 
being  furnished  satisfactory  evidence  of  their  right  to  the  same.  In  cases 
of  doubt  or  conflicting  claims  he  may  require  an  order  of  the  superior 
court  authorizing  and  directing  the  payment  thereof. 

§  136a.  Voluntary  Liquidation. — Any  bank  which  has  ceased  to  do 
a  banking  business  whether  through  voluntary  action  on  its  part  or 
through  expiration  of  its  corporate  existence,  shall  immediately  liquidate 
its  affairs  and  any  unclaimed  deposits  or  dividends  shall  be  paid  into  the 
State  treasury  in  the  manner  and  for  the  purposes  provided  in  section 
136  of  this  act  within  six  months  after  the  date  such  bank  ceased  to  con- 
duct a  banking  business,  and  in  case  the  superintendent  of  banks  shall 
have  reason  to  conclude  that  the  liquidation  of  such  bank  is  not  being 
safely  or  expeditiously  conducted,  he  may  take  possession  of  the  prop- 
erty of  such  bank  and  liquidate  its  affairs  in  the  same  manner  as  pro- 
vided in  section  136  of  this  act.  Whenever  any  bank  of  whose  property 
the  superintendent  of  banks  had  taken  possession  as  aforesaid,  deems 
itself  aggrieved  thereby,  it  may  within  the  time  and  in  like  manner  and 
effect  as  provided  in  section  136  of  this  act  apply  to  the  superior  court 
to  enjoin  further  proceedings. 

§  136b.  Jurisdiction  Vested  in  Superior  Court  of  County.— In  any 
action  or  proceeding  brought  under  any  provision  of  this  act,  exclusive 


CALIFORNIA  BANK  ACT.  263 

original  jurisdiction  shall  be  vested  in  the  superior  court  of  the  countj^ 
in  which  is  located  the  principal  place  of  business  of  the  bank  affected 
thereby,  and  all  proceedings  relating  to  the  same  matter,  under  any 
provision  of  this  act,  including  proceedings  for  liquidation  of  the  affairs 
of  any  such  bank,  shall  be  filed  with  and  treated  as  a  part  of  the  record 
in  such  original  proceedings,  and  all  papers  relating  to  any  such  action 
or  proceeding,  including  the  copy  of  certificate  of  appointment  of  any 
special  deputy  and  the  inventories  required  to  be  filed  in  the  matter 
of  any  such  liquidation,  shall  be  filed  with  and  made  a  part  of  the  record 
of  such  original  proceeding,  without  the  payment  of  any  additional  fees 
therefor,  and  in  any  such  action  no  damage  may  be  awarded,  but  the 
action  otherwise  shall  be  tried  and  determined  according  to  the  pro- 
visions of  the  Code  of  Civil  Procedure. 

§  137.  1.  Voluntary  Dissolution.— Any  bank  shall  have  the  right,  on 
application  of  the  stockholders  or  members  to  apply  to  the  superior 
court  of  the  county  wherein  its  principal  place  of  business  is  situated, 
to  dissolve  said  bank  in  the  manner  provided  for  in  title  VI,  part  III, 
of  the  Code  of  Civil  Procedure. 

2.  Final  Disposition  of  Unpaid  Dividends. — At  the  expiration  of 
four  months  after  the  settlement  of  the  final  account  of  the  receiver  of 
any  bank  appointed  prior  to  July  1,  1909,  any  dividends  due  depositors, 
or  other  creditors,  or  stockholders  of  such  bank  and  remaining  unpaid 
or  uncalled  for  and  in  the  hands  of  such  receiver  may  be  paid  by  him 
into  the  treasury  of  the  county  in  which  such  bank  is  situated  which 
money  shall  be  held  in  the  treasury  of  said  county,  and  at  the  same 
time  it  shall  be  the  duty  of  such  receiver  to  furnish  to  the  county  treas- 
urer of  said  county  a  list  of  names  of  all  depositors  or  other  persons 
to  whom  such  money  belongs  or  who  are  entitled  thereto  and  thereupon 
such  receiver  shall  be  entitled  to  his  discharge. 

3.  Order  of  Court. — The  moneys  referred  to  in  subdivision  2  of  this 
section  shall  be  paid  out  on  the  order  of  the  court  appointing  such  re- 
ceiver. 

4.  Moneys  to  Escheat  to  State. — All  moneys  paid  under  subdivision 
2  of  this  section,  uncalled  for  within  five  years  after  being  paid  in,  shall 
by  operation  of  law,  and  without  action  had,  escheat  to  the  State.  All 
moneys  held  by  any  county  treasurer  under  subdivision  2  of  this  sec- 
tion, when  such  moneys  have  escheated  to  the  State,  as  hereinbefore 
provided,  shall  be  paid  by  the  county  treasurer  into  the  State  treasury, 
and  thereafter  only  be  drawn  out  in  such  manner  as  may  be  provided 
for  by  law  for  the  estates  of  deceased  persons  escheated  to  this  State. 

5.  Investment  of  Escheated  Moneys. — The  State  board  of  control 
must  invest  such  moneys  in  the  same  manner  that  the  State  school  land 
fund  is  invested  as  provided  by  law\  But  any  claimant  shall  be  en- 
titled to  recover  as  herein  provided  only  the  principal  so  paid  into  the 
State  treasury. 

§  138.  Penalty  for  Failure  to  Report.— If  any  bank  shall  fail  to  make 
any  report  required  by  the  provisions  of  section  130  or  130a  of  this  act, 
within  ten  days  from  the  day  designated  for  the  making  thereof  by  the 
superintendent  of  banks,  or  to  include  therein  any  matter  required  by 
the  provisions  of  either  of  said  sections,  it  shall  forfeit  to  the  people 


264  HILLYER^S  LEGAL   MANUAL. 

of  the  State  the  sum  of  one  hundred  dollars  for  each  day  that  any  such 
report  shall  be  so  delayed  or  withheld  by  the  failure  or  neglect  of  such 
bank. 

On  Failure  to  Report,  Superintendent  to  Exajnine. — In  the  event  of 
the  failure  of  any  such  bank  to  make  any  such  report  required  from 
it.  the  superintendent  of  banks  may,  in  his  discretion,  immediately 
cause  the  books,  papers  and  affairs  of  such  bank  to  be  examined  at  the 
expense  of  such  bank. 

§  139.  Examinations  by  Directors. — It  shall  be  the  duty  of  the 
board  of  directors  of  every  bank  to  examine  fully  into  the  books,  papers 
and  affairs  of  the  bank  of  which  they  are  directors,  and  particularly 
into  the  loans  and  discounts  thereof,  with  a  special  view  to  ascertain- 
ing the  value  and  security  thereof,  and  of  the  collateral  securit}^,  if  any 
given,  in  connection  therewith,  and  into  such  other  matters  as  the 
superintendent  of  banks  may  require;  such  examination  to  be  made 
at  least  once  a  year,  but  no  such  subsequent  yearly  examinations  shall 
be  made  within  three  months  of  the  next  preceding  examination.  Such 
directors  shall  have  power  to  employ  such  assistance  in  making  such 
examinations  as  they  may  deem  necessary. 

Report  by  Board  of  Directors. — ^Within  ten  days  after  the  completion 
of  such  examination,  a  report  in  writing  thereof,  sworn  to  by  the  di- 
rectors making  the  same,  shall  be  made  by  the  board  of  directors  of 
such  bank,  and  placed  on  file  with  the  records  of  said  bank,  and  shall 
be  subject  to  examination  by  the  superintendent  of  banks. 

Contents  of  Report. — Such  report  shall  particularly  contain  a  state- 
ment of  the  assets  and  liabilities  of  the  bank  examined,  as  shown  by 
its  books,  together  with  any  deductions  from  the  assets,  or  additions 
to  liabilities,  which  such  directors  or  committee,  after  such  examina- 
tion, may  determine  to  make.  It  shall  also  contain  a  statement,  in  de- 
tail, of  loans,  if  any,  which  in  their  opinion  are  worthless  or  doubtful, 
together  with  their  reasons  for  so  regarding  them ;  also  a  statement  of 
loans  made  on  collateral  security,  which  in  their  opinion  are  insuffi- 
ciently secured,  giving  in  each  case  the  amount  of  the  loan,  the  name 
and  market  value  of  the  collateral,  if  it  has  any  market  value,  and,  if 
not,  a  statement  of  that  fact,  and  its  actual  value  as  nearly  as  possible. 
Such  report  shall  also  contain  a  statement  of  overdrafts,  of  the  names 
and  amounts  of  such  as  they  consider  worthless  or  doubtful,  and  a  full 
statement  of  such  other  matters  as  affect  the  solvency  and  soundness  of 
the  bank. 

Extra  Examination. — If  the  directors  of  such  bank  shall  fail  to  make 
such  examination  or  fail  to  cause  it  to  be  made,  or  shall  fail  to  file  such 
report  of  such  examination  in  the  manner  and  within  the  time  specified, 
the  superintendent  of  banks  shall  have  authority  to  make  or  cause  to  be 
made  an  extra  examination  of  such  bank,  at  the  expense  of  such  bank. 

§  140.  Report  to  Governor. — The  superintendent  of  banks  shall  re- 
port during  the  month  of  October  of  each  year,  to  the  Governor,  for  sub- 
mission to  the  next  ensuing  session  of  the  legislature : 

1.  Summary. — A  summary  of  the  state  and  condition  of  every  bank 
required  to  report  to  him,  and  from  which  reports  have  been  received 
the  preceding  year,  with  an  abstract  of  the  whole  amount  of  capital  re- 


CALIFORNIA   BANK   ACT.  265 

turned  by  them,  the  whole  amount  of  their  debts  and  liabilities,  and  th^. 
total  amount  of  means  and  resources,  specifying  the  amount  of  specie 
held  by  them  at  the  time  of  the  last  report  to  him,  and  such  other  in- 
formation in  relation  to  such  banks  as,  in  his  judgment,  may  be  useful. 

2.  Banks  Authorized. — A  statement  of  all  banks  authorized  by  him 
to  do  business  during  the  previous  year,  with  their  names  and  locations 
and  dates  of  incorporation,  and  particularly  designating  such  as  have 
commenced  business  during  the  year. 

3.  Banks  Closed. — A  statement  of  the  banks  whose  business  has  been 
closed  during  the  year. 

4.  Amendments  to  Banking  Law. — Any  amendments  to  the  banking 
law,  w^hich,  in  his  judgment,  may  be  desirable. 

5.  Persons  Employed — Receipts  and  Expenses. — The  names  and 
compensation  of  all  persons  employed  by  him,  and  the  whole  amount  of 
the  receipts  and  expenses  of  the  department  during  the  year. 

6.  Banks  in  Liquidation. — The  names  of  banks  placed  in  his  hands 
in  processs  of  liquidation,  and  the  amount  of  dividends  paid  thereon. 

One  Thousand  Copies  Printed. — Such  report,  and  the  usual  number 
of  copies  for  the  use  of  the  legislature,  shall  be  printed  and  in  readi- 
ness for  distribution  by  the  State  Printer,  and  one  thousand  copies  shall 
be  printed  for  the  use  of  the  department,  the  expenses  of  which  shall 
be  charged  among  the  general  expenses  of  the  department. 

§  141.  1.  Bulletin  Board. — The  superintendent  of  banks  shall  keep 
in  his  office,  in  a  place  accessible  to  the  general  public,  a  bulletin  board 
upon  which  he  shall  cause  to  be  posted  at  noon  on  Friday  of  each  week 
a  detailed  statement,  signed  by  him  or,  in  case  of  his  absence  from  San 
Francisco  or  inability  to  act,  by  the  deputy  superintendent  in  charge, 
giving  the  following  items  of  general  information  with  regard  to  the 
work  of  the  department  since  the  preceding  statement : 

(a)  Applications. — The  name  of  every  bank  that  has  filed  in  the 
banking  department  an  application  for  authorization  to  commence 
business,  its  location  and  the  date  of  filing  of  such  application. 

(b)  Authorizations. — The  name  and  location  of  every  bank  au- 
thorized by  the  superintendent  of  banks  to  commence  business,  its 
capital,  surplus,  and  the  date  of  authorization. 

(c)  Refusals. — The  name  of  every  bank  to  which  a  certificate  of  au- 
thorization has  been  refused  by  the  superintendent  of  banks,  and  the 
date  of  notice  of  refusal. 

(d)  Employees. — The  name  and  residence  of  every  person  appointed 
by  the  superintendent  of  banks  as  a  deputy,  examiner  or  employee 
in  the  banking  department,  the  title  of  the  office  to  which  appointed, 
the  compensation  paid,  and  the  date  of  appointment. 

(e)  Calls. — The  date  on  which  a  call  for  a  report  by  banks  w^as  is- 
sued by  the  superintendent  of  banks,  and  the  day  designated  as  the 
day  with  reference  to  which  such  report  should  be  made. 

(f)  Stockholders'  Meetings. — The  name  and  location  of  every  bank 
whose  creditors  or  depositors  have  been  paid  in  full  by  the  superin- 
tendent of  banks  and  a  meeting  of  whose  stockholders  shall  have  been 
called,  together  with  date  of  notice  of  meeting  and  date  of  meeting. 


266 

(g)  Banks  Liquidated,  or  in  Liquidation. — The  name  and  location 
of  every  bank  subject  to  the  banking  law  whose  affairs  and  business 
shall  have  been  finally  liquidated,  or  in  course  of  liquidation. 

(h)  Changes  of  Name. — The  name  and  location  of  every  bank  which 
has  applied  for  approval  of  a  change  of  name,  and  the  name  proposed. 

2.  File. — Every  such  bulletin,  after  having  been  posted  as  aforesaid 
for  one  week,  shall  be  placed  on  a  file  for  such  statements,  to  be  kept 
in  the  office  of  the  superintendent  of  banks.  All  such  statements  shall 
be  public  documents,  and  at  all  reasonable  times  shall  be  open  to  public 
inspection  during  usual  banking  hours. 

§  142.  Report  Prima  Facie  Evidence.— Every  official  report  made  by 
the  superintendent  and  every  report  duly  verified  of  an  examination 
made,  shall  be  prima  facie  evidence  of  the  facts  therein  stated,  for  all 
purposes  in  any  action  or  proceedings  wherein  such  bank  is  a  party. 

§  143.     [Repealed  1913.] 

§  144.  Penalties  and  Forfeitures. — ^Whenever  by  the  terms  of  this 
act  a  penalty  or  forfeiture  is  imposed,  the  same  shall  be  recovered  in  an 
action  brought  at  the  request  of  the  superintendent  of  banks  by  the  At- 
torney General,  in  the  name  of  the  people  of  the  State,  and  the  sum 
recovered  shall  be  paid  into  the  State  banking  fund  and  used  in  pay- 
ment of  claims  against  the  said  fund. 

§  145.  Bank  Act — Controlling  Effect  of. — The  powers,  privileges, 
duties  and  restrictions  conferred  and  imposed  upon  any  corporation  or 
individual  existing  and  doing  business  under  the  laws  of  this  State  are 
hereby  abridged,  enlarged  or  modified  as  each  particular  case  may  re- 
quire to  conform  to  the  provisions  of  this  act,  notwithstanding  anything 
to  the  contrary  in  their  respective  articles  of  incorporation  or  charters. 

Provisions  Apply  to  All  Banks  Except  Express  Exception  Made.^AU 
the  provisions  of  this  act  shall  apply  with  equal  force  and  effect  to  all 
corporations  which  are  now  doing  or  which  may  hereafter  do  a  banking 
business  in  this  State,  except  where  express  exception  or  exemption  may 
be  made  herein. 

Legality  of  Investments  Heretofore  Made. — The  legality  of  invest- 
ments heretofore  made,  or  title  to  property  heretofore  acquired  or  con- 
veyed through  transactions  heretofore  had  by  any  bank  pursuant  to  any 
provision  of  law  in  force,  when  such  investments  were  made  or  transac 
tions  had,  shall  not  be  affected  by  the  provisions  of  this  act,  except  that 
any  such  investments  made  prior  to  July  1,  1909,  when  not  complying 
with  the  provisions  hereof,  shall  be  changed  to  conform  hereto ;  but  such 
change  shall  be  made  gradually  and  in  such  manner  as  to  prevent  loss 
or  embarrassment  in  the  business  of  such  bank,  or  unnecessary  loss  or 
injury  to  the  borrowers  on  such  security. 

All  Investments  not  in  Conformity  must  be  Written  Off  Prior  to  July 
1,  1918. — Provided,  further,  that  in  any  event,  all  investments  and  se- 
curities and  excess  in  investments  made  prior  to  July  1,  1909,  which  are 
not  in  conformity  with  the  provisions  and  spirit  of  this  act  and  which 
have  been  acquired  and  are  now  held  by  any  bank,  must  be  written  off 
as  assets  of  such  bank  prior  to  July  1,  1918;  and  no  bank  holding  any 
such  investments  or  securities  acquired  prior  to  July  1,  1909,  shall, 


CALIFORNIA  BANK  ACT — NATIONAL  BANK  ACT.  267 

after  July  1,  1918,  be  permitted  to  pay  any  dividends  to  its  stocks 
holders  until  it  shall  have  written  off  all  such  nonconforming  invest- 
ments or  securities ;  and  provided,  further,  that  the  legality  of  any  in- 
vestments heretofore  lawfully  made,  pursuant  to  the  provisions  of  this 
act  as  it  existed  on  and  subsequent  to  July  1,  1909,  shall  not  be  affected 
by  the  provisions  of  this  section. 

§  146.     Acts  in  Conflict  Repealed. — All  acts,  or  parts  of  acts,  in  con- 
flict with  this  act  are  hereby  repealed. 

§  147.     In  Effect.— This  act  shall  take  effect  July  1, 1909. 


NATIONAL  BANK  ACT. 

(As  Amended  and  Supplemented.) 

CHAPTER  I. 

Bureau  of  the  Comptroller  of  the  Currency. 

1.  Bureau  of  the  Comptroller  of  the  Currency.— (§  324.)  There 
shall  be  in  the  Department  of  the  Treasury  a  Bureau  charged  with 
the  execution  of  all  laws  passed  by  Congress  relating  to  the  issue 
and  regulation  of  a  national  currency  secured  by  United  States 
bonds,  and,  under  the  general  supervision  of  the  Federal  Reserve 
Board,  of  all  Federal  reserve  notes,  the  chief  officer  of  which  bureau 
shall  be  called  the  Comptroller  of  the  Currency  and  shall  perform  his 
duties  under  the  general  directions  of  the  Secretary  of  the  Treasury. 

2.  Comptroller  of  the  Currency.— (§  325.)  The  Comptroller  of 
the  Currency  shall  be  appointed  by  the  President,  on  the  recom- 
mendation of  the  Secretary  of  the  Treasury,  by  and  with  the  advice 
and  consent  of  the  Senate,  and  shall  hold  his  office  for  the  term  of 
five  years,  unless  sooner  removed  b}^  the  President,  upon  reasons  to 
be  communicated  by  him  to  the  Senate ;  and  he  shall  be  entitled  to  a 
salary  of  five  thousand  dollars  a  year. 

3.  Qualification  of  Comptroller  of  the  Currency,  Amount  of  Bond. 
(§  326.)  The  Comptroller  of  the  Currency  shall,  within  fifteen  days 
from  the  time  of  notice  of  his  appointment,  take  and  subscribe  the 
oath  of  office;  and  he  shall  give  to  the  United  States  a  bond  in  the 
penalty  of  one  hundred  thousand  dollars,  with  not  less  than  two  re- 
sponsible sureties,  to  be  approved  by  the  Secretary  of  the  Treasury, 
conditioned  for  the  faithful  discharge  of  the  duties  of  his  office. 

4.  Deputy  Comptroller  of  the  Currency. — (§  327.)  There  shall  be 
in  the  Bureau  of  the  Comptroller  of  the  Currency  a  Deputy  Comp- 
troller of  the  Currency,  to  be  appointed  by  the  Secretary,  who  shall 
be  entitled  to  a  salary  of  two  thousand  five  hundred  dollars  a  year 
and  who  shall  possess  the  power  and  perform  the  duties  attached 
by  law  to  the  office  of  Comptroller  during  a  vacancy  in  the  office 
or  during  the  absence  or  inability  of  the  Comptroller.  The  Deputy 
Comptroller  shall  also  take  the  oath  of  office  prescribed  by  the  Con- 
stitution and  laws  of  the  United  States,  and  shall  give  a  like  bond 
in  the  penalty  of  fifty  thousand  dollars. 


268 

5.  Additional  Deputy  Comptrollers  of  the  Currency.    Act  May  22, 

1908 Deputy  Comptroller,  three  thousand  five  hundred  dollars ; 

Deputy  Comptroller,  three  thousand  dollars. 

6.  Clerks. — (§  328.)  The  Comptroller  of  the  Currency  shall  em- 
ploy, from  time  to  time,  the  necessary  clerks,  to  be  appointed  and 
classified  by  the  Secretary  of  the  Treasury,  to  discharge  such  duties 
as  the  Comptroller  shall  direct. 

7.  Interest  in  National  Banks  Prohibited. — (§  329.)  It  shall  not 
be  lawful  for  the  Comptroller  or  the  Deputy  Comptroller  of  the  Cur- 
rency, either  directly  or  indirectly,  to  be  interested  in  any  associa- 
tion issuing  national  currency  under  the  laws  of  the  United  States. 

8.  Seal  of  Comptroller  of  the  Currency. — (§  330.)  [As  amended 
1875.]  The  seal  devised  by  the  Comptroller  of  the  Currency  for  his 
office,  and  approved  by  the  Secretary  of  the  Treasury,  shall  continue 
to  be  the  seal  of  office  of  the  Comptroller,  and  may  be  renewed  when 
necessary.  A  description  of  the  seal,  with  an  impression  thereof, 
and  a  certificate  of  approval  by  the  Secretary  of  the  Treasury,  shall 
be  filed  in  the  office  of  the  Secretary  of  State. 

9.  Rooms,  Vaults,  and  Furniture  for  Currency  Bureau. — (§  331.) 
There  shall  be  assigned,  from  time  to  time,  to  the  Comptroller  of  the 
Currency,  by  the  Secretary  of  the  Treasury,  suitable  rooms  in  the 
Treasury  building  for  conducting  the  business  of  the  Currency 
Bureau,  containing  safe  and  secure  fireproof  vaults,  in  which  the 
Comptroller  shall  deposit  and  safely  keep  all  the  plates  not  necessarily 
in  the  possession  of  engravers  or  printers,  and  other  valuable  things 
belonging  to  his  department;  and  the  Comptroller  shall  from  time  to 
time  furnish  the  necessary  furniture,  stationery,  fuel,  lights,  and  other 
proper  conveniences  for  the  transaction  of  the  business  of  his  office. 

10.  (§  332.) 

11.  Report  of  Comptroller.— (§  333.)  [As  amended  1875.]  The 
Comptroller  of  the  Currency  shall  make  an  annual  report  to  Congress, 
at  the   commencement   of   its  session,    exhibiting — 

First.  A  summary  of  the  state  and  condition  of  every  association 
from  which  reports  have  been  received  the  preceding  year,  at  the 
several  dates  to  which  such  reports  refer,  with  an  abstract  of  the  whole 
amount  of  banking  capital  returned  by  them,  of  the  whole  amount  of 
their  debts  and  liabilities,  the  amount  of  circulating  notes  outstand- 
ing, and  the  total  amount  of  means  and  resources,  specifying  the 
amount  of  lawful  money  held  by  them  at  the  times  of  their  several 
returns,  and  such  other  information  in  relation  to  such  associations  as 
in  his  judgment  may  be  useful. 

Second.  A  statement  of  the  associations  whose  business  has  been 
closed  during  the  year,  with  the  amount  of  their  circulation  redeemed 
and  the  amount  outstanding. 

Third.  Any  amendment  to  the  laws  relative  to  banking  by  which 
the  system  may  be  improved  and  the  security  of  the  holders  of  its 
notes  and  other  creditors  may  be  increased. 

Fourth.  A  statement  exhibiting  under  appropriate  heads  the  re- 
sources and  liabilities  and  condition  of  the  banks,  banking  companies, 
and  savings  banks  organized  under  the  laws  of  the  several  States  and 


NATIONAL  BANK  ACT.  269 

Territories;  such  information  to  be  obtained  by  the  Comptroller  from^ 
the  reports  made  by  such  banks,  banking  companies,  and  savings  banks 
to  the  legislatures  or  officers  of  the  different  States  and.  Territories, 
and,  where  such  reports  cannot  be  obtained,  the  deficiency  to  be  sup- 
plied from  such  other  authentic  sources  as  may  be  available. 

Fifth.  The  names  and  compensation  of  the  clerks  employed  by  him, 
and  the  whole  amount  of  the  expenses  of  the  banking  department  dur- 
ing the  year. 

12.  Comptroller  to  Give  Complete  List  of  All  Employees  of  the 
Office,  Information  About  Failed  Banks,  Employees  Under  Re- 
ceivers, etc.  Act  April  28,  1902. — Provided,  That  for  the  fiscal 
year  of  nineteen  hundred  and  two  and  thereafter,  a  full  and  complete 
list  of  all  officers,  agents,  clerks,  and  other  employees  of  the  office  of 
the  Comptroller  of  the  Currency,  including  bank  examiners,  receivers 
and  attorneys  for  receivers,  and  clerks  employed  by  such  examiners 
and  receivers,  or  any  other  person  connected  with  the  work  of  said 
office  in  Washington  or  elsew^here,  w^hose  salary  or  compensation  is 
paid  from  the  Treasury  of  the  United  States  or  assessed  against  or 
collected  from  existing  or  failed  banks  under  their  supervision  or  con- 
trol, shall  be  transmitted  to  the  Secretary  of  the  Interior  in  accord- 
ance w^ith  the  provisions  of  an  act  of  Congress  approved  January 
twelfth,  eighteen  hundred  and  eighty-five,  relating  to  the  Official  Reg- 
ister: And  provided  further.  That  the  Comptroller  of  the  Currency  is 
hereby  directed  to  include  in  his  Annual  Report  to  the  Speaker  of  the 
House  of  Representatives,  expenses  incurred  during  each  year,  in 
liquidation  of   each  failed  national  bank  separately. 

13.  Number  of  Copies  of  Report  to  be  Printed.  Act  of  January  12, 
1895. —  (§  73.)  ....  There  shall  be  printed  of  the  annual  report  of 
the  Comptroller  of  the  Currency,  ten  thousand  copies ;  one  thousand 
for  the  Senate,  two  thousand  for  the  House,  and  seven  thousand  for 
distribution  by  the  Comptroller  of  the  Currency. 

14.  Three  Thousand  Additional  Copies  Authorized  to  be  Printed — 
Joint  Resolution  No.  25,  March  4,  1907.— That  section  73  of  an  act 
''Providing  for  the  public  printing  and  binding,  and  the  distribution 
of  public  documents,"  approved  January  12,  1895,  be,  and  the  same 
is  hereby,  so  amended  as  to  authorize  the  printing  annually  hereafter 
of  ten  thousand  copies  of  the  annual  report  of  the  Comptroller  of  the 
Currency,  for  distribution  by  the  Comptroller  of  the  Currency,  instead 
of  seven  thousand  copies  as  heretofore. 

CHAPTER  II. 

Organization  and  Powers. 

15.  The  National  Bank  Act.  Act  June  20,  1879.— (§  1.)  An  act 
entitled  ''An  act  to  provide  a  national  currency  secured  by  a  pledge 
of  United  States  bonds,  and  to  provide  for  the  circulation  and  redemp- 
tion thereof,"  approved  June  3,  1864,  shall  hereafter  be  known  as 
"the  national  bank  act." 

16.  Formation  of  National  Banking  Associations. — (§  5133.)  As- 
sociations for  carrying  on  the  business  of  banking  under  this  title 
may  be  formed  by  any  number  of  natural  persons,  not  less  in  any  case 


270  hillyer's  legal  manual. 

than  five.  They  shall  enter  into  articles  of  association,  which  shall 
specify  in  general  terms  the  object  for  which  the  association  is  formed, 
and  may  contain  any  other  provisions,  not  inconsistent  with  law,  which 
the  association  may  see  fit  to  adopt  for  the  regulation  of  its  business 
and  the  conduct  of  its  afl:airs.  These  articles  shall  be  signed  by  the 
persons  uniting  to  form  the  association,  and  a  copy  of  them  shall  be 
forwarded  to  the  Comptroller  of  the  Currency,  to  be  filed  and  pre- 
served in  his  office. 

17.  Requisites  of  Organization  Certificate. — (§  5134.)  The  per- 
sons uniting  to  form  such  an  association  shall,  under  their  hands, 
make  an  organization  certificate,  which  shall  specifically  state : 

First.  The  name  assumed  by  such  association;  which  name  shall 
be  subject  to  the  approval  of  the  Comptroller  of  the  Currency. 

Second.  The  place  where  its  operations  of  discount  and  deposit 
are  to  be  carried  on,  designating  the  State,  Territory,  or  district,  and 
the  particular  county  and  city,  town,  or  village. 

Third.  The  amount  of  capital  stock  and  the  number  of  shares  into 
which  the  same  is  to  be  divided. 

Fourth.  The  names  and  places  of  residence  of  the  shareholders 
and  the  number  of  shares  held  by  each  of  them. 

Fifth.  The  fact  that  the  certificate  is  made  to  enable  such  persons 
to  avail  themselves  of  the  advantages  of  this  title. 

18.  How  Certificate  shall  be  Acknov^ledged  and  Filed.— (§  5135.) 

The  organization  certificate  shall  be  acknowledged  before  a  judge  of 
some  court  of  record,  or  notary  public;  and  shall  be,  together  with 
the  acknowledgment  thereof,  authenticated  by  the  seal  of  such  court, 
or  notary,  transmitted  to  the  Comptroller  of  the  Currency,  who  shall 
record  and  carefully  preserve  the  same  in  his  office. 

19.  Corporate  Powers  of  Association. — (§  5136.)  Upon  duly  mak- 
ing and  filing  articles  of  association  and  an  organization  certificate, 
the  association  shall  become,  as  from  the  date  of  the  execution  of  its 
organization  certificate,  a  body  corporate,  and  as  such,  and  in  the 
name  designated  in  the  organization  certificate,  it  shall  have  power — 

First.     To  adopt  and  use  a  corporate  seal. 

Second.  To  have  succession  for  the  period  of  twenty  years  from 
its  organization,  unless  it  is  sooner  dissolved  according  to  the  pro- 
visions of  its  articles  of  association,  or  by  the  act  of  its  shareholders 
owning  two-thirds  of  its  stock,  or  unless  its  franchise  becomes  for- 
feited by  some  violation  of  law. 

Third.     To  make  contracts. 

Fourth.  To  sue  and  be  sued,  complain  and  defend,  in  any  court 
of  law  and  equity,  as  fully  as  natural  persons. 

Fifth.  To  elect  or  appoint  directors,  and  by  its  board  of  directors 
to  appoint  a  president,  vice-president,  cashier,  and  other  officers,  de- 
fine their  duties,  require  bonds  of  them  and  fix  the  penalty  thereof, 
dismiss  such  officers  or  any  of  them  at  pleasure,  and  appoint  others 
to  fill  their  places. 

Sixth.  To  prescribe,  by  its  board  of  directors,  by-laws  not  incon- 
sistent with  law,  regulating  the  manner  in  which  its  stock  shall  be 
transferred,  its  directors  elected  or  appointed,  its  officers  appointed, 


NATIONAL  BANK  ACT.  271 

its  property  transferred,  its  general  business  conducted,  and  th-e. 
privileges  granted  to  it  by  law  exercised  and  enjoyed. 

Seventh.  To  exercise  by  its  board  of  directors,  or  duly  author- 
ized officers  or  agents,  subject  to  law,  all  such  incidental  powers  as 
shall  be  necessary  to  carry  on  the  business  of  banking;  by  discount- 
ing and  negotiating  promissory  notes,  drafts,  bills  of  exchange,  and 
other  evidences  of  debt;  by  receiving  deposits;  by  buying  and  selling 
exchange,  coin,  and  bullion;  by  loaning  money  on  personal  security; 
and  by  obtaining,  issuing,  and  circulating  notes  according  to  the 
provisions  of  this  title. 

But  no  association  shall  transact  any  business  except  such  as  is 
incidental  and  necessarily  preliminary  to  its  organization,  until  it 
has  been  authorized  by  the  Comptroller  of  the  Currency  to  commence 
the  business  of  banking. 

20.  Increase  of  Capital  Stock.  Act  May  1,  1886.— (§  1.)  See 
par.  39. 

21.  May  Change  Name  and  Location,  How.  Act  May  1,  1886. — 
(§  2.)  Any  national  banking  association  may  change  its  name  or 
the  place  where  its  operations  of  discount  and  deposit  are  to  be  car- 
ried on,  to  an}^  other  place  within  the  same  State,  not  more  than 
thirty  miles  distant,  with  the  approval  of  the  Comptroller  of  the 
Currency,  by  the  vote  of  shareholders  owning  two-thirds  of  the  stock 
of  such  association.  A  duly  authenticated  notice  of  the  vote  and  of 
the  new  name  or  location  selected  shall  be  sent  to  the  office  of  the 
Comptroller  of  the  Currency ;  but  no  change  of  name  or  location  shall 
be  valid  until  the  Comptroller  shall  have  issued  his  certificate  of 
approval  of  the  same. 

22.  Debts  not  Affected  by  Change.  Act  May  1,  1886.— (§  3.) 
All  debts,  liabilities,  rights,  provisions,  and  powers  of  the  association 
under  its  old  name  shall  devolve  upon  and  inure  to  the  association 
under  its  new  name. 

23.  No  Release  from  Liabilities.  Act  May  1,  1886.— (§  4.)  Noth- 
ing in  this  act  contained  shall  be  so  construed  as  in  any  manner  to 
release  any  national  banking  association  under  its  old  name  or  at 
its  old  location  from  any  liability,  or  affect  any  action  or  proceeding 
in  law  in  which  said  association  may  be  or  become  a  party  or  inter- 
ested. 

24.  National  Banks  Deemed  Citizens  of  States  in  Which  Located. 
Act  August  13,  1888. — (§  4.)  All  national  banking  associations  es- 
tablished under  the  laws  of  the  United  States  shall,  for  the  purposes 
of  all  actions  by  or  against  them,  real,  personal,  or  mixed,  and  all 
suits  in  equity,  be  deemed  citizens  of  the  States  in  which  they  are 
respectively  located ;  and  in  such  cases  the  circuit  and  district  courts 
shall  not  have  jurisdiction  other  than  such  as  they  would  have  in 
cases  between  individual  citizens  of  the  same  State.  The  provisions  of 
this  section  shall  not  be  held  to  affect  the  jurisdiction  of  the  courts 
of  the  United  States  in  cases  commenced  by  the  United  States  or  by 
direction  of  any  officer  thereof,  or  cases  for  winding  up  the  affairs  of 
any  such  bank. 


272 

25.  Extension  of  Corporate  Existence.  Act  July  12,  1882. — (§  1.) 
That  any  national  banking-  association  organized  under  the  acts  of 
February  twenty -fifth,  eighteen  hundred  and  sixty-three,  June  third, 
eighteen  hundred  and  sixty-four,  and  February  fourteenth,  eighteen 
hundred  and  eighty,  or  under  sections  5133,  5134,  5135,  5136,  and 
5154  of  the  Revised  Statutes  of  the  United  States,  may,  at  any  time 
within  the  two  years  next  previous  to  the  date  of  the  expiration  of  its 
corporate  existence  under  present  law,  and  with  the  approval  of  the 
Comptroller  of  the  Currency,  to  be  granted,  as  hereinafter  provided, 
extend  its  period  of  succession  by  amending  its  articles  of  association 
for  a  term  of  not  more  than  twenty  years  from  the  expiration  of  the 
period  of  succession  named  in  said  articles  of  association,  and  shall 
have  succession  for  such  extended  period,  unless  sooner  dissolved  by 
the  act  of  shareholders  owning  two-thirds  of  its  stock,  or  unless  its. 
franchise  becomes  forfeited  by  some  violation  of  law,  or  unless  here- 
after modified  or  repealed. 

26.  Consent  of  Tv^o-thirds  Necessary.  Act  July  12,  1882.— 
(§2.)  That  such  amendment  of  said  articles  of  association  shall 
be  authorized  by  the  consent  in  writing  of  .shareholders  owning  not 
less  than  two-thirds  of  the  capital  stock  of  the  association;  and  the 
board  of  directors  shall  cause  such  consent  to  be  certified  under  the 
seal  of  the  association,  by  the  president  or  cashier,  to  the  Comptroller 
of  the  Currency,  accompanied  b}-  an  application  made  by  the  president 
or  cashier  for  the  approval  of  the  amended  articles  of  association  by 
the  Comptroller;  and  such  amended  articles  of  association  shall  not  be 
valid  until  the  Comptroller  shall  give  to  such  association  a  certificate 
under  his  hand  and  seal  that  the  association  has  complied  with  all  the 
provisions  required  to  be  complied  with,  and  is  authorized  to  have 
succession  for  the  extended  period  named  in  the  amended  articles  of 
association. 

27.  Special  Examination  of  Bank  and  Issue  of  Certificate  of  Ap- 
proval by  Comptroller.  Act  July  12,  1882.— (§  3.)  That  upon  the 
receipt  of  the  application  and  certificate  of  the  association  provided 
for  in  the  preceding  section,  the  Comptroller  of  the  Currency  shall 
cause  a  special  examination  to  be  made,  at  the  expense  of  the  associa- 
tion, to  determine  its  condition ;  and  if  after  such  examination  or 
otherwise,  it  appears  to  him  that  said  association  is  in  a  satisfactory 
condition,  he  shall  grant  his  certificate  of  approval  provided  for  in 
the  preceding  section,  or  if  it  appears  that  the  condition  of  said  asso- 
ciation is  not  satisfactory,  he  shall  withhold  such  certificate  of  ap- 
proval. 

28.  Status  not  Changed  by  Extension,  Jurisdiction  of  Suits  by  or 
Against  National  Banks.  Act  July  12,  1882.— (§  4.)  That  any  asso- 
ciation so  extending  the  period  of  its  succession  shall  continue  to 
enjoy  all  the  rights  and  privileges  and  immunities  granted  and  shall 
continue  to  be  subject  to  all  the  duties,  liabilities,  and  restrictions  im- 
posed by  the  Revised  Statutes  of  the  United  States  and  other  acts 
having  reference  to  national  banking  associations,  and  it  shall  con- 
tinue to  be  in  all  respects  the  identical  association  it  was  before  the 
extension   of   its   period  of   succession:    Provided,   however.    That   the 


NATIONx\L  BANK  ACT.  273 

jurisdiction  for  suits  hereafter  brought  by  or  against  any  association 
established  under  any  law  providing  for  national  banking  associations, 
except  suits  between  them  and  the  United  States  or  its  officers  and 
agents,  shall  be  the  same  as,  and  not  other  than,  the  jurisdiction  for 
suits  by  or  against  banks  not  organized  under  any  law  of  the  United 
States  which  do  or  might  do  banking  business  where  such  national 
banking  association  may  be  doing  business  when  such  suits  may  be 
begun.  And  all  laws  and  parts  of  laws  of  the  United  States  incon- 
sistent with  this  proviso  be,  and  the  same  are  hereby,  repealed. 

29.  Dissenting  Shareholders  may  Withdraw.  Act  July  12,  1882. 
(§  5.)  That  when  any  national  banking  association  has  amended  its 
articles  of  association  as  provided  in  this  act,  and  the  Comptroller 
has  granted  his  certificate  of  approval,  any  shareholder  not  assenting 
to  such  amendment  may  give  notice  in  writing  to  the  directors,  within 
thirty  days  from  the  date  of  the  certificate  of  approval,  of  his  desire 
to  withdraw  from  said  association,  in  which  case  he  shall  be  entitled 
to  receive  from  said  banking  association  the  value  of  the  shares  so 
held  by  him,  to  be  ascertained  by  an  appraisal  made  by  a  committee 
of  three  persons,  one  to  be  selected  by  such  shareholder,  one  by  the 
directors,  and  the  third  by  the  first  two;  and  in  case  the  value  so 
fixed  shall  not  be  satisfactory  to  any  such  shareholder,  he  may  appeal 
to  the  Comptroller  of  the  Currency,  who  shall  cause  a  reappraisal  to 
be  made,  which  shall  be  final  and  binding;  and  if  said  reappraisal 
shall  exceed  the  value  fixed  by  said  committee,  the  bank  shall  pay  the 
expenses  of  said  reappraisal,  and  otherwise  the  appellant  shall  pay 
said  expenses;  and  the  value  so  ascertained  and  determined  shall  be 
deemed  to  be  a  debt  due,  and  be  forthwith  paid,  to  said  shareholder, 
from  said  bank;  and  the  shares  so  surrendered  and  appraised  shall, 
after  due  notice,  be  sold  at  public  sale,  within  thirty  days  after  the 
final  appraisal  provided  in  this  section:  Provided,  That  in  the  organ- 
ization of  any  banking  asvsociation  intended  to  replace  any  existing 
banking  association,  and  retaining  the  name  thereof,  the  holders  of 
stock  in  the  expiring  association  shall  be  entitled  to  preference  in  the 
allotment  of  the  shares  of  the  new  association  in  proportion  to  the 
number  of  shares  held  by  them  respectively  in  the  expiring  associa- 
tion. 

30.  Redemption  of  Circulating  Notes  Issued  Prior  to  Extension. 
Act  July  12,  1882. — (§  6.)  That  the  circulating  notes  of  any  associa- 
tion so  extending  the  period  of  its  succession  which  shall  have  been 
issued  to  it  prior  to  such  extension  shall  be  redeemed  at  the  treasury 
of  the  United  States,  as  provided  in  section  3  of  the  act  of  June 
twentieth,  eighteen  hundred  and  seventy-four,  entitled  "An  act  fixing 
the  amount  of  United  States  notes,  providing  for  redistribution  of 
national  bank  currency,  and  for  other  purposes,"  and  such  notes 
when  redeemed  shall  be  forwarded  to  the  Comptroller  of  the  Cur- 
rency, and  destroyed,  as  now  provided  by  law;  and  at  the  end  of 
three  years  from  the  date  of  the  extension  of  the  corporate  ex- 
istence of  each  bank  the  association  so  extended  shall  deposit  lawful 
money  with  the  Treasurer  of  the  United  States  sufficient  to  redeem 
the  remainder  of  the   circulation  which  was   outstanding  at  the   date 

18 


274 

of  its  extension,  as  provided  in  sections  fifty-two  hundred  and  twenty- 
two,  fifty-two  hundred  and  twenty-four,  and  fifty-two  hundred  and 
twenty-five  of  the  Revised  Statutes;  and  any  gain  that  may  arise 
from  the  failure  to  present  such  circulating  notes  for  redemption 
shall  inure  to  the  benefit  of  the  United  States;  and  from  time  to  time, 
as  such  notes  are  redeemed  or  lawful  money  deposited  therefor  as 
provided  herein,  new  circulating  notes  shall  be  issued  as  provided  by 
this  act,  bearing  such  devices,  to  be  approved  by  the  Secretary  of  the 
Treasury,  as  shall  make  them  readily  distinguishable  from  the  cir- 
culating notes  heretofore  issued:  Provided,  however,  That  each  bank- 
ing association  which  shall  obtain  the  benefit  of  this  act  shall  reim- 
burse to  the  treasury  the  cost  of  preparing  the  plate  or  plates  for 
such  new  circulating  notes  as  shall  be  issued  to  it. 

31.  Dissolution  of  Banks  not  Extending  Period  of  Succession. 
Act  July  12,  1882. — (§  7.)  That  national  banking  associations  whose 
corporate  existence  has  expired  or  shall  hereafter  expire,  and  which 
do  not  avail  themselves  of  the  provisions  of  this  act,  shall  be  required 
to  comply  with  the  provisions  of  sections  fifty-two  hundred  and 
twenty-one  and  fifty-two  hundred  and  twenty-two  of  the  Revised  Stat- 
utes in  the  same  manner  as  if  the  shareholders  had  voted  to  go  into 
liquidation,  as  provided  in  section  fifty-two  hundred  and  twenty  of 
the  Revised  Statutes;  and  the  provisions  of  sections  fifty-two  hundred 
and  twenty-four  and  fifty-two  hundred  and  twenty-five  of  the  Revised 
statutes  shall  also  be  applicable  to  such  associations,  except  as  modified 
by  this  act;  and  the  franchise  of  such  associations  is  hereby  extended 
for  the  sole  purpose  of  liquidating  their  affairs  until  such  affairs  are 
finally   closed. 

32.  Re-extension  of  Corporate  Existence.  Act  of  April  12,  1902. 
That  the  Comptroller  of  the  Currency  is  hereby  authorized,  in  the 
manner  provided  by,  and  under  the  conditions  and  limitations  of,  the 
act  of  July  12,  1882,  to  extend  for  a  further  period  of  twenty  years 
the  charter  of  any  national  banking  association  extended  under  said 
act  which  shall  desire  to  continue  its  existence  after  the  expiration  of 
its  charter. 

33.  Power  to  Hold  Real  Property. — (§5137.)  A  national  banking 
association  may  purchase,  hold,  and  convey  real  estate  for  the  follow- 
ing purposes,  and  for  no  others: 

First.  Such  as  shall  be  necessary  for  its  immediate  accommodation 
in  the  transaction  of  its  business. 

Second.  Such  as  shall  be  mortgaged  to  it  in  good  faith  by  way  of 
security  for  debts  previously  contracted. 

Third.  Such  as  shall  be  conveyed  to  it  in  satisfaction  of  debts  pre- 
viously contracted  in  the  course  of  its  dealings. 

Fourth.  Such  as  it  shall  purchase  at  sales  under  judgments,  decrees, 
or  mortgages  held  by  the  association,  or  shall  purchase  to  secure  debts 
due  to  it. 

But  no  such  association  shall  hold  the  possession  of  any  real  estate 
under  mortgage,  or  the  title  and  possession  of  any  real  estate  pur- 
chased to  secure  any  debts  due  to  it,  for  a  longer  period  than  five  years. 


NATIONAL  BANK  ACT.  275 

34.  Requisite  Amount  of  Capital.— (§  5138.)  [As  amended  19(Xr] 
No  association  shall  be  organized  with  a  less  capital  than  one  hundred 
thousand  dollars,  except  that  banks  with  a  capital  of  not  less  than  fifty 
thousand  dollars  may,  with  the  approval  of  the  Secretary  of  the  Treas- 
ury, be  organized  in  any  place  the  population  of  which  does  not  exceed 
six  thousand  inhabitants,  and  except  that  banks  with  a  capital  of  not 
less  than  twenty-five  thousand  dollars  may,  with  the  sanction  of  the 
Secretary  of  the  Treasury,  be  organized  in  any  place  the  population 
of  which  does  not  exceed  three  thousand  inhabitants.  No  association 
shall  be  organized  in  a  city  the  population  of  which  exceeds  fifty  thou- 
sand persons  with  a  capital  of  less  than  two  hundred  thousand 
dollars. 

35.  Shares  of  Stock  and  Transfers.— (§  5139.)  The  capital  stock 
of  each  association  shall  be  divided  into  shares  of  one  hundred  dollars 
each,  and  be  deemed  personal  property,  and  transferable  on  the  books 
of  the  association  in  such  manner  as  may  be  prescribed  in  the  by-laws 
or  articles  of  association.  Every  person  becoming  a  shareholder  by 
such  transfer  shall,  in  proportion  to  his  shares,  succeed  to  all  the 
rights  and  liabilities  of  the  prior  holder  of  such  shares;  and  no  change 
shall  be  made  in  the  articles  of  association  by  which  the  rights,  reme- 
dies, or  security  of  the  existing  creditors  of  the  association  shall  be 
impaired. 

36.  How  Payment  of  the  Capital  Stock  must  be  Made  and  Certi- 
fied.— (§5140.)  At  least  fifty  per  centum  of  the  capital  stock  of 
every  association  shall  be  paid  in  before  it  shall  be  authorized  to  com- 
mence business;  and  the  remainder  of  the  capital  stock  of  such  asso- 
ciation shall  be  paid  in  installments  of  at  least  ten  per  centum  each, 
on  the  whole  amount  of  the  capital,  as  frequently  as  one  installment 
at  the  end  of  each  succeeding  month  from  the  time  it  shall  be  au- 
thorized by  the  Comptroller  of  the  Currency  to  commence  business; 
and  the  payment  of  each  installment  shall  be  certified  to  the  Comp- 
troller, under  oath,  by  the  president  or  cashier  of  the  association. 

37.  Proceedings  if  Shareholder  Fails  to  Pay  Installments. — 
(§  5141.)  Whenever  any  shareholder,  or  his  assignee,  fails  to  pay  any 
installment  on  the  stock  when  the  same  is  required  by  the  preceding 
section  to  be  paid,  the  directors  of  such  association  may  sell  the  stock 
of  such  delinquent  shareholder  at  public  auction,  having  given  three 
weeks'  previous  notice  thereof  in  a  new^spaper  published  and  of  gen- 
eral circulation  in  the  city  or  county  where  the  association  is  located, 
or  if  no  newspaper  is  published  in  said  city  or  county,  then  in  a  news- 
paper published  nearest  thereto,  to  any  person  w^ho  will  pay  the  highest 
price  therefor,  to  be  not  less  than  the  amount  then  due  thereon,  with 
the  expenses  of  advertisement  and  sale ;  and  the  excess,  if  any,  shall 
be  paid  to  the  delinquent  shareholder.  If  no  bidder  can  be  found  who 
will  pay  for  such  stock  the  amount  due  thereon  to  the  association,  and 
the  cost  of  advertisement  and  sale,  the  amount  previously  paid  shall 
be  forfeited  to  the  association,  and  such  stock  shall  be  sold  as  the 
directors  may  order,  within  six  months  from  the  time  of  such  forfeit- 
ure, and  if  not  sold  it  shall  be  canceled  and  deducted  from  the  capital 
stock  of  the  association.     If  any  such  cancellation  and  reduction  shall 


276  hillyer's  legal  manual. 

reduce  the  capital  of  the  association  below  the  minimum  of  capital 
required  by  law,  the  capital  stock  shall,  within  thirty  days  from  the 
date  of  such  cancellation,  be  increased  to  the  required  amount;  in  de- 
fault of  which  a  receiver  may  be  appointed,  according  to  the  provisions 
of  section  fifty-two  hundred  and  thirty-four,  to  close  up  the  business 
of  the  association. 

38.  National  Banks  may  Increase  Capital  Stock. — (§  5142.)  Any 
association  formed  under  this  title  may,  by  its  articles  of  association, 
provide  for  an  increase  of  its  capital  from  time  to  time,  as  may  be 
deemed  expedient,  subject  to  the  limitations  of  this  title.  But  the 
maximum  of  such  increase  to  be  provided  in  the  articles  of  association 
shall  be  determined  by  the  Comptroller  of  the  Currency;  and  no  in- 
crease of  capital  shall  be  valid  until  the  whole  amount  of  such  increase 
is  paid  in,  and  notice  thereof  has  been  transmitted  to  the  Comptroller 
of  the  Currency,  and  his  certificate  obtained  specifying  the  amount 
of  such  increase  of  capital  stock,  with  his  approval  thereof,  and  that 
it  has  been  duly  paid  in  a^  part  of  the  capital  of  such  association. 

39.  Increase  of  Capital  Stock.  Act  May  1,  1886.— (§  1.)  That 
any  national  banking  association  may,  with  the  approval  of  the  Comp- 
troller of  the  Currency,  by  the  vote  of  shareholders  owning  two-thirds 
of  the  stock  of  such  association,  increase  its  capital  stock,  in  accordance 
with  existing  laws,  to  any  sum  approved  by  the  said  Comptroller,  not- 
withstanding the  limit  fixed  in  its  original  articles  of  association  and 
determined  by  said  Comptroller;  and  no  increase  of  the  capital  stock 
of  any  national  banking  association  either  within  or  beyond  the  limit 
fixed  in  its  original  articles  of  association  shall  be  made  except  in  the 
manner   herein   provided. 

40.  Reduction  of  Capital  Stock. —  (§5143.)  Any  association 
formed  under  this  title  maiy,  by  the  vote  of  shareholders  owning  two- 
thirds  of  its  capital  stock,  reduce  its  capital  to  any  sum  not  below  the 
amount  required  by  this  title  to  authorize  the  formation  of  associa- 
tions; but  no  such  reduction  shall  be  allowable  which  will  reduce 
the  capital  of  the  association  below  the  amount  required  for  its  out- 
standing circulation,  nor  shall  any  such  reduction  be  made  until  the 
amount  of  the  proposed  reduction  has  been  reported  to  the  Comp- 
troller of  the  Currency  and  such  reduction  has  been  approved  by  the 
said  Comptroller  of  the  Currency  and  by  the  Federal  Reserve  Board, 
or  by  the  organization  committee  pending  the  organization  of  the 
Federal  Reserve  Board. 

41.  Right  of  Shareholders  to  Vote — Proxies  Authorized. — (§  5144.) 
In  all  elections  of  directors,  and  in  deciding  all  questions  at  meetings 
of  shareholders,  each  shareholder  shall  be  entitled  to  one  vote  on 
each  share  of  stock  held  by.  him.  Shareholders  may  vote  by  proxies 
duly  authorized  in  writing;  but  no  officer,  clerk,  teller,  or  bookkeeper 
of  such  association  shall  act  as  proxy;  and  no  shareholder  whose  lia- 
bility is  past  due  and  unpaid  shall  be  allowed  to  vote. 

42.  Election  of  Directors.— (§  5115.)  The  affairs  of  each  associa- 
tion shall  be  managed  by  not  less  than  five  directors,  who  shall  be 
elected  by  the  shareholders  at  a  meeting  to  be  held  at  any  time 
before  the  association  is  authorized  by  the  Comptroller  of  the  Cur- 


NATIONAL  BANK  ACT. 


277 


rency  to  commence  the  business  of  banking ;  and  afterward  at  meet- 
ings to  be  held  on  such  day  in  January  of  each  year  as  is  specified 
therefor  in  the  articles  of  association.  The  directors  shall  hold  office 
for  one  year,  and  until  their  successors  are  elected  and  have  qualified. 

43.  Requisite  Qualification  of  Directors. — (§  5146.)  [As  amended 
1905.]  Every  director  must,  during  his  whole  term  of  service,  be 
a  citizen  of  the  United  States,  and  at  least  three-fourths  of  the  di- 
rectors must  have  resided  in  the  State,  Territory,  or  District  in  which 
the  association  is  located  for  at  least  one  year  immediately  preced- 
ing their  election  and  must  be  residents  therein  during  their  contin- 
uance in  office.  Every  director  must  own  in  his  own  right  at  least 
ten  shares  of  the  capital  stock  of  the  association  of  which  he  is  a 
director,  unless  the  capital  of  the  bank  shall  not  exceed  twenty-five 
thousand  dollars,  in  Avhich  case  he  must  own  in  his  own  right  at 
least  five  shares  of  such  capital  stock.  Any  director  who  ceases 
to  be  the  owner  of  the  required  number  of  shares  of  the  stock,  or 
who  becomes  in  any  other  manner  disqualified,  shall  thereby  vacate 
his  place. 

44.  Oath  Required  from  Directors. —  (§5147.)  Each  director, 
when  appointed  or  elected,  shall  take  an  oath  that  he  will,  so  far  as 
the  duty  devolves  on  him,  diligently  and  honestly  administer  the 
affairs  of  such  association,  and  will  not  knowingly  violate,  or  will- 
ingly permit  to  be  violated,  any  of  the  provisions  of  this  title,  and 
that  he  is  the  owner  in  good  faith,  and  in  his  own  right,  of  the  num- 
ber of  shares  of  stock  required  by  this  title,  subscribed  by  him,  or 
standing  in  his  name  on  the  books  of  the  association,  and  that  the 
same  is  not  hypothecated,  or  in  any  way  pledged,  as  security  for 
any  loan  or  debt.  Such  oath,  subscribed  by  the  direetor  making  it,  and 
certified  by  the  officer  before  whom  it  is  taken,  shall  be  immediately 
transmitted  to  the  Comptroller  of  the  Currency,  and  shall  be  filed 
and  preserved  in  his  office. 

45.  Filling  Vacancies. — (§  5148.)  Any  vacancy  in  the  board  shall 
be  filled  by  appointment  by  the  remaining  directors,  and  any  director 
so  appointed  shall  hold  his  place  until  the  next  election. 

46.  Proceedings  Where  No  Election  is  Held  on  the  Proper  Day. — 
(§  5149.)  If,  from  any  cause,  an  election  of  directors  is  not  made  at 
the  time  appointed,  the  association  shall  not  for  that  cause  be  dis- 
solved, but  an  election  may  be  held  on  any  subsequent  day,  thirty 
days'  notice  thereof  in  all  cases  having  been  given  in  a  newspaper 
published  in  the  city,  town,  or  county  in  which  the  association  is 
located;  and  if  no  newspaper  is  published  in  such  city,  town,  or 
county,  such  notice  shall  be  published  in  a  newspaper  published 
nearest  thereto.  If  the  articles  of  association  do  not  fix  the  day  on 
which  the  election  shall  be  held,  or  if  no  election  is  held  on  the  day 
fixed,  the  day  for  the  election  shall  be  designated  by  the  board  of 
directors  in  their  by-laws,  or  otherwise;  or  if  the  directors  fail  to 
fix  the  day,  shareholders  representing  two-thirds  of  the  shares  may 
do  so. 

47.  Election  of  President  of  the  Board.— (§  5150.)  One  of  the 
directors,  to  be  chosen  by  the  board,  shall  be  the  president  of  the 
board. 


278  hillyer's  legal  manual. 

48.  Individual  Liability  of  Shareholders. — (§  5151.)  The  share- 
holders of  every  national  banking  association  shall  be  held  individ- 
ually responsible,  equally  and  ratably,  and  not  one  for  another,  for 
all  contracts,  debts,  and  engagements  of  such  association,  to  the  ex- 
tent of  the  amount  of  their  stock  therein,  at  the  par  value  thereof, 
in  addition  to  the  amount  invested  in  such  shares;  except  that  share- 
holders of  any  banking  association  now  existing  under  State  laws, 
having  not  less  than  five  millions  of  dollars  of  capital  actually  paid 
in,  and  a  surplus  of  twenty  per  centum  on  hand,  both  to  be  deter- 
mined by  the  Comptroller  of  the  Currency,  shall  be  liable  only  to  the 
amount  invested  in  their  shares;  and  such  surplus  of  twenty  per 
centum  shall  be  kept  undiminished,  and  be  in  addition  to  the  surplus 
provided  for  in  this  title;  and  if  at  any  time  there  is  a  deficiency 
in  such  surplus  of  twenty  per  centum,  such  association  shall  not  pay 
any  dividends  to  its  shareholders  until  the  deficiency  is  made  good; 
and  in  case  of  such  deficiency,  the  Comptroller  of  the  Currency  may 
compel  the  association  to  close  its  business  and  wind  up  its  affairs 
under  the  provisions  of  chapter  4  of  this  Title. 

49.  Executors,  Trustees,  etc.,  not  Personally  Liable. — (§  5152.) 
Persons  holding  stock  as  executors,  administrators,  guardians,  or 
trustees  shall  not  be  personally  subject  to  any  liabilities  as  stock- 
holders ;  but  the  estates  and  funds  in  their  hands  shall  be  liable  in  like 
manner  and  to  the  same  extent  as  the  testator,  intestate,  ward,  or 
person  interested  in  such  trust  funds  would  be,  if  living  and  com- 
petent to  act  and  hold  the  stock  in  his  own  name. 

50.  National  Banking  Associations  to  be  Depositaries  of  Public 
Moneys. — (§  5153.)  [As  amended  1907.]  All  national  banking  asso- 
ciations, designated  for  that  purpose  by  the  Secretary  of  the  Treas- 
ury, shall  be  depositaries  of  public  money,  under  such  regulations  as 
may  be  prescribed  by  the  Secretary ;  and  they  may  also  be  employed  an 
financial  agents  of  the  government ;  and  they  shall  perform  all  such  rea- 
sonable duties,  as  depositaries  of  public  money  and  financial  agents  of 
the  government,  as  may  be  required  of  them.  The  Secretary  of  the 
Treasury  shall  require  the  associations  thus  designated  to  give  satisfac- 
tory security,  by  the  deposit  of  United  States  bonds  and  otherwise, 
for  the  safekeeping  and  prompt  payment  of  the  public  money  deposited 
with  them,  and  for  the  faithful  performance  of  their  duties  as  financial 
agents  of  the  government:  Provided,  That  the  Secretary  shall,  on  or 
before  the  first  of  January  of  each  year,  make  a  public  statement  of  the 
securities  required  during  that  year  for  such  deposits.  And  every  asso- 
ciation so  designated  as  receiver  or  depositary  of  the  public  money  shall 
take  and  receive  at  par  all  of  the  national  currency  bills,  by  whatever 
association  issued,  which  have  been  paid  into  the  government  for  internal 
revenue,  or  for  loans  or  stocks:  Provided,  That  the  Secretary  of  the 
Treasury  shall  distribute  the  deposits  herein  provided  for,  as  far  as  prac- 
ticable, equitably  between  the  different  States  and  sections. 

51.  Interest  on  Public  Deposits.  Act  May  30,  1908.— (§  15.) 
That  all  national  banking  associations  designated  as  regular  depositaries 
of  public  money  shall  pay  upon  all  special  and  additional  deposits  made 
by  the  Secretarj^  of  the  Treasury  in  such  depositaries,  and  all  such  as- 


NATIONAL  BANK  ACT.  279 

soeiations  designated  as  temporary  depositaries  of  public  money  shall 
pay  upon  all  sums  of  public  money  deposited  in  such  associations  interest 
at  such  rate  as  the  Secretary  of  the  Treasury  may  prescribe,  not  less, 
however,  than  one  per  centum  per  annum  upon  the  average  monthly 
amount  of  such  deposits :  Provided,  however,  That  nothing  contained  in 
this  act  shall  be  construed  to  change  or  modify  the  obligation  of  any 
association  or  any  of  its  officers  for  the  safekeeping  of  public  money: 
Provided,  further,  That  the  rate  of  interest  charged  upon  such  deposits 
shall  be  equal  and  uniform  throughout  the  United  States. 

52.  Conversion  of  State  Banks  into  National  Banking  Associations. 
(§  5154.)  Any  bank  incorporated  by  special  law  of  any  State  of  the 
United  States  or  organized  under  the  general  laws  of  any  State  or  of 
the  United  States  and  having  an  unimpaired  capital  sufficient  to  entitle 
it  to  become  a  national  banking  association  under  the  provisions  of  the 
existing  laws  may,  by  the  vote  of  the  shareholders  owning  not  less 
than  fifty-one  per  centum  of  the  capital  stock  of  such  bank  or  banking 
association,  with  the  approval  of  the  Comptroller  of  the  Currency  be 
converted  into  a  national  banking  association,  with  any  name  approved 
by  the  Comptroller  of  the  Currency: 

Provided,  however,  That  said  conversion  shall  not  be  in  contraven- 
tion of  the  State  law.  In  such  case  the  articles  of  association  and 
organization  certificate  may  be  executed  by  a  majority  of  the  directors 
of  the  bank  or  banking  institution,  and  the  certificate  shall  declare 
that  the  owners  of  fifty-one  per  centum  of  the  capital  stock  have 
authorized  the  directors  to  make  such  certificate  and  to  change  or 
convert  the  bank  or  banking  institution  into  a  national  association.  A 
majority  of  the  directors,  after  executing  the  articles  of  association 
and  the  organization  certificate,  shall  have  power  to  execute  all  other 
papers  and  to  do  whatever  may  be  required  to  make  its  organization 
perfect  and  complete  as  a  national  association.  The  shares  of  any  such 
bank  may  continue  to  be  for  the  same  amount  each  as  they  were 
before  the  conversion,  and  the  directors  may  continue  to  be  directors 
of  the  association  until  others,  are  elected  or  appointed  in  accordance 
with  the  provisions  of  the  statutes  of  the  United  States.  When  the 
Comptroller  has  given  to  such  bank  or  banking  association  a  certificate 
that  the  provisions  of  this  act  have  been  complied  with,  such  bank  or 
banking  association,  and  all  its  stockholders,  officers  and  employees, 
shall  have  the  same  powers  and  privileges,  and  shall  be  subject  to  the 
same  duties,  liabilities,  and  regulations,  in  all  respects,  as  shall  have 
been  prescribed  by  the  Federal  Reserve  Act  and  by  the  national  bank- 
ing act  for  associations  originally  organized  as  national  banking 
associations. 

53.  State  Banks  Having  Branches. —  (§  5155.)  It  shall  be  lawful 
for  any  bank  or  banking  association  organized  under  State  laws,  and 
having  branches,  the  capital  being  joint  and  assigned  to  and  used  by  the 
mother-bank  and  branches  in  definite  proportions,  to  become  a  national 
banking  association  in  conformity  with  existing  laws,  and  to  retain  and 
keep  in  operation  its  branches,  or  such  one  or  more  of  them  as  it  may 
elect  to  retain;  the  amount  of  the  circulation  redeemable  at  the  mother- 
bank,  and  each  branch,  to  be  regulated  by  the  amount  of  capital  assigned 
to  and  used  by  each. 


280  hillyer's  legal  manual. 

54.  Reservation  of  Rights  of  Associations  Organized  Under  Act 
of  1863. —  (§  5156.)  Nothing?  in  this  title  shall  affect  any  appoint- 
ments made,  acts  done,  or  proceedings  had  or  commenced  prior  to  the 
third  day  of  June,  eighteen  hundred  and  sixty-four,  in  or  toward  the 
organization  of  any  national  banking  association  under  the  act  of  Feb- 
ruary twenty-five,  eighteen  hundred  and  sixty-three;  but  all  associations 
which  on  the  third  day  of  June,  eighteen  hundred  and  sixty-four,  were 
organized  or  commenced  to  be  organized  under  that  act  shall  enjoy  all 
the  rights  and  privileges  granted,  and  be  subject  to  all  the  duties,  lia- 
bilities, and  restrictions  imposed  by  this  title,  notwithstanding  all  the 
steps  prescribed  by  this  title  for  the  organization  of  associations  were 
not  pursued,  if  such  associations  duly  organized  under  that  act. 

CHAPTER  III. 

Obtaining  and  Issuing  Circulating  Notes. 

55.  What  Associations  are  Governed  by  Chapters  Two,  Three,  and 
Four. — (§  5157.)  The  provisions  of  chapters  two,  three,  and  four  of 
this  title,  which  are  expressed  without  restrictive  words,  as  applying  to 
** national  banking  associations,"  or  to  ''associations,"  apply  to  all  as- 
sociations organized  to  carry  on  the  business  of  banking  under  any  act 
of  Congress. 

56.  Registered  Bonds  Intended  by  the  Term  "United  States 
Bonds.^'--(§  5158.)  The  term  "United  States  bonds,"  as  used  through- 
out this  chapter,  shall  be  construed  to  mean  registered  bonds  of  the 
United  States. 

57.  Deposit  of  Bonds  Required  Before  Issue  of  Circulating  Notes. — 
(§  5159.)  Every  association,  after  having  complied  with  the  provisions 
of  this  title,  preliminary  to  the  commencement  of  the  banking  business, 
and  before  it  shall  be  authorized  to  commence  banking  business  under 
this  title,  shall  transfer  and  deliver  to  the  Treasurer  of  the  United  States 
any  United  States  registered  bonds,  bearing  interest,  [to  an  amount 
not  less  than  thirty  thousand  dollars  and  not  less  than  one-third  of  the 
capital  stock  paid  in.]  Such  bonds  shall  be  received  by  the  Treasurer 
upon  deposit  and  shall  be  by  him  safely  kept  in  his  office,  until  they 
shall  be  otherwise  disposed  of,  in  pursuance  of  the  provisions  of  this  title. 

NOTE. — §  17.  So  much  of  the  provisions  of  section  fifty-one  hun- 
dred and  fifty-nine  of  the  Revised  Statutes  of  the  United  States,  and 
section  four  of  the  act  of  June  twentieth,  eighteen  hundred  and 
seventy-four,  and  section  eight  of  the  act  of  July  twelfth,  eighteen 
hundred  and  eighty-two,  and  of  any  other  provisions  of  existing 
statutes  as  require  that  before  any  national  banking  association  shall 
be  authorized  to  commence  banking  business  it  shall  transfer  and 
deliver  to  the  Treasurer  of  the  United  States  a  stated  amount  of  United 
States  registered  bonds  is  hereby  repealed.     (Act  of  Dec.  23,  1913.) 

58.  Panama  Canal  Bonds  Have  All  Rights  and  Privileges  Accorded 
to  Other  Two  Per  Cent  Bonds  of  the  United  States.  Act  December 
21,  1905. — That  the  tw^o  per  cent  bonds  of  the  United  States  au- 
thorized by  section  eight  of  the  act  entitled  "An  act  to  provide  for  the 
construction  of  a  canal  connecting  the  waters  of  the  Atlantic  and  Pacific 


NATIONAL  BANK  ACT.  281 

oceans,"  approved  June  twenty-eight,  nineteen  hundred  and  two,  shall 
have  all  the  rights  and  privileges  accorded  by  law  to  other  two  per 
cent,  bonds  of  the  United  States,  and  every  national  banking  associa- 
tion having  on  deposit,  as  provided  b}^  law,  such  bonds  issued  under  the 
provisions  of  said  section  eight  of  said  act  approved  June  twenty-eight, 
nineteen  hundred  and  two,  to  secure  its  circulating  notes,  shall  pay  to  the 
Treasurer  of  the  United  States,  in  the  months  of  January  and  July,  a 
tax  of  one-fourth  of  one  per  cent  each  half  year  upon  the  average 
amount  of  such  of  its  notes  in  circulation  as  are  based  upon  the  deposit 
of  said  two  per  cent  bonds ;  and  such  taxes  shall  be  in  lieu  of  existing 
taxes  on  its  notes  in  circulation  imposed  by  section  fifty-two  hundred 
and  fourteen  of  the  Revised  Statutes. 

59.  Increase  or  Reduction  of  Deposit  to  Correspond  With  Capital. — 
(§  5160.)  The  deposit  of  bonds  made  by  each  assocation  shall  be  in- 
creased as  its  capital  may  be  paid  up  or  increased,  so  that  every  associa- 
tion shall  at  all  times  have  on  deposit  with  the  Treasurer  registered 
United  States  bonds  to  the  amount  [of  at  least  one-third  of  its  capital 
stock  actually  paid  in.]  And  any  association  that  may  desire  to  reduce 
its  capital,  or  close  up  its  business  and  dissolve  its  organization,  may 
take  up  its  bonds  upon  returning  to  the  Comptroller  its  circulating  notes 
in  the  proportion  hereinafter  required,  or  may  take  up  any  excess  of 
bonds  beyond  [one-third  of  its  capital  stock],  and  upon  which  no  cir- 
culating notes  have  been  delivered. 

60.  Exchange  of  Coupon  for  Registered  Bonds.— (§  5161.)  To 
facilitate  a  compliance  with  the  two  preceding  sections,  the  Secretary  of 
the  Treasury  is  authorized  to  receive  from  any  association,  and  cancel, 
any  United  States  coupon  bonds,  and  to  issue  in  lieu  thereof  registered 
bonds  of  like  amount,  bearing  a  like  rate  of  interest,  and  having  the 
same  time  to  run. 

61.  Manner  of  Making  Transfers  of  Bonds.— (§  5162.)  All  trans- 
fers of  United  States  bonds,  made  by  any  association  under  the  provi- 
sions of  this  title,  shall  be  made  to  the  Treasurer  of  the  United  States 
in  trust  for  the  association,  with  a  memorandum  written  or  printed  on 
each  bond,  and  signed  by  the  cashier,  or  some  other  officer  of  the  asso- 
ciation making  the  deposit.  A  receipt  shall  be  given  to  the  association, 
by  the  Comptroller  of  the  Currency,  or  by  a  clerk  appointed  by  him 
for  that  purpose,  stating  that  the  bond  is  held  in  trust  for  the  associa- 
tion on  whose  behalf  the  transfer  is  made,  and  as  security  for  the  re- 
demption and  payment  of  any  circulating  notes  that  have  been  or  may 
be  delivered  to  such  association.  No  assignment  or  transfer  of  any 
such  bond  by  the  Treasurer  shall  be  deemed  valid  unless  countersigned 
by  the  Comptroller  of  the  Currency. 

62.  Registry  of  Transfers.— (§  5163.)  The  Comptroller  of  the  Cur- 
rency shall  keep  in  his  office  a  book  in  which  he  shall  cause  to  be  en- 
tered, immediately  upon  countersigning  it,  every  transfer  or  assign- 
ment by  the  Treasurer,  of  any  bonds  belonging  to  a  national  banking 
association,  presented  for  his  signature.  He  shall  state  in  such  entry 
the  name  of  the  association  from  whose  accounts  the  transfer  is  made, 
the  name  of  the  party  to  whom  it  is  made,  and  the  par  value  of  the 
bonds  transferred. 


282 

63.  Notice  of  Transfer  to  be  Given  to  Association  Interested. — 
(§  5164.)  The  Comptroller  of  the  Currency  shall,  immediately  upon 
countersigning  and  entering  any  transfer  or  assignment  by  the  Treas- 
urer, of  any  bonds  belonging  to  a  national  banking  association,  advise 
by  mail  the  association  from  whose  accounts  the  transfer  is  made,  of 
the  kind  and  numerical  designation  of  the  bonds,  and  the  amount 
thereof  so  transferred. 

64.  Examination  of  Registry  and  Bonds. — (§5165.)  The  Comp- 
troller of  the  Currency  shall  have  at  all  times,  during  office  hours, 
access  to  the  books  of  the  Treasurer  of  the  United  States  for  the  pur- 
pose of  ascertaining  the  correctness  of  any  transfer  or  assignment  of 
the  bonds  deposited  by  an  association,  presented  to  the  Comptroller 
to  countersign;  and  the  Treasurer  shall  have  the  like  access  to  the  book 
mentioned  in  section  fifty-one  hundred  and  sixty-three,  during  office 
hours,,  to  ascertain  the  correctness  of  the  entries  in  the  same ;  and  the 
Comptroller  shall  also  at  all  times  have  access  to  the  bonds  on  deposit 
with  the  Treasurer  to  ascertain  their  amount  and  condition. 

65.  Annual  Examination  of  Bonds  by  Association. — (§  5166.) 
Every  association  having  bonds  deposited  in  the  office  of  the  Treasurer 
of  the  United  States  shall,  once  or  oftener  in  each  fiscal  year,  examine 
and  compare  the  bonds  pledged  by  the  association  with  the  books  of 
the  Comptroller  of  the  Currency  and  with  the  accounts  of  the  associa- 
tion, and,  if  they  are  found  correct,  to  execute  to  the  Treasurer  a  cer- 
tificate setting  forth  the  different  kinds  and  the  amounts  thereof,  and 
that  the  same  are  in  the  possession  and  custody  of  the  Treasurer  at 
the  date  of  the  certificate.  Such  examination  shall  be  made  at  such 
time  or  times,  during  the  ordinary  business  hours,  as  the  Treasurer 
and  the  Comptroller,  respectively,  may  select,  and  may  be  made  by 
an  officer  or  agent  of  such  association,  duly  appointed  in  writing  for 
that  purpose ;  and  his  certificate  before  mentioned  shall  be  of  like  force 
and  validity  as  if  executed  by  the  president  or  cashier.  A  duplicate 
of  such  certificate,  signed  by  the  Treasurer,  shall  be  retained  by  the 
association. 

66.  General  Provisions  Respecting  Bonds. — (§  5167.)  The  bonds 
transferred  to  and  deposited  with  the  Treasurer  of  the  United  States, 
by  any  association,  for  the  security  of  its  circulating  notes,  shall  be  held 
exclusively  for  that  purpose,  until  such  notes  are  redeemed,  except  as 
provided  in  this  title.  The  Comptroller  of  the  Currency  shall  give  to 
any  such  association  powers  of  attorney  to  receive  and  appropriate  to  its 
own  use  the  interest  on  the  bonds  which  it  has  so  transferred  to  the 
Treasurer;  but  such  powers  shall  become  inoperative  whenever  such 
association  fails  to  redeem  its  circulating  notes.  "Whenever  the  market 
or  cash  value  of  any  bonds  thus  deposited  with  the  Treasurer  is  re- 
duced below  the  amount  of  the  circulation  issued  for  the  same,  the 
Comptroller  may  demand  and  receive  the  amount  of  such  depreciation 
in  other  United  States  bonds  at  cash  value,  or  in  money,  from  the  asso- 
ciatioin,  to  be  deposited  with  the  Treasurer  as  long  as  such  depreciation 
continues.  And  the  Comptroller,  upon  the  terms  prescribed  by  the 
Secretary  of  the  Treasury,  may  permit  an  exchange  to  be  made  of  any 
of  the  bonds  deposited  with  the  Treasurer  by  any  association  for  other 


NATIONAL  BANK  ACT.  283 

bonds  of  the  United  States  authorized  to  be  received  as  security  for 
circulating  notes,  if  he  is  of  opinion  that  such  an  exchange  can  be  made 
without  prejudice  to  the  United  States;  and  he  may  direct  the  return 
of  any  bonds  to  the  association  which  transferred  the  same,  in  sums  of 
not  less  than  one  thousand  dollars,  upon  the  surrender  to  him  and  the 
cancellation  of  a  proportionate  amount  of  such  circulating  notes:  Pro- 
vided, That  the  remaining  bonds  which  shall  have  been  transferred  by 
the  association  offering  to  surrender  circulating  notes  are  equal  to  the 
amount  required  for  the  circulating  notes  not  surrendered  by  such  asso- 
ciation, and  that  the  amount  of  bonds  in  the  hands  of  the  Treasurer  is 
not  diminished  below  the  amount  required  to  be  kept  on  deposit  with 
him,  and  that  there  has  be^n  no  failure  by  the  association  to  redeem 
its  circulating  notes,  nor  any  other  violation  by  it  of  the  provisions  of 
this  title,  and  that  the  market  or  cash  value  of  the  remaining  bonds  is 
not  below  the  amount  required  for  the  circulation  issued  for  the  same. 

67.  Withdrawal  of  Circulating  Notes  on  Deposit  of  Lawful  Money 
and  Withdrawal  of  Bonds.  Act  June  20,  1874.— (§  4.)  That  any 
association  organized  under  this  act,  or  any  of  the  acts  of  which  this  is 
an  amendment,  desiring  to  withdraw  its  circulating  notes,  in  whole  or 
in  part,  may,  upon  the  deposit  of  lawful  money  with  the  Treasurer  of 
the  United  States  in  sums  of  not  less  than  nine  thousand  dollars,  take 
up  the  bonds  which  said  association  has  oin  deposit  with  the  Treasurer 
for  the  security  of  such  circulating  notes ;  which  bonds  shall  be  assigned 
to  the  bank  in  the  manner  specified  in  the  nineteenth  section  of  the  Na- 
tional Bank  Act,  and  the  outstanding  notes  of  said  association,  to  an 
amount  equal  to  the  legal-tender  notes  deposited,  shall  be  redeemed  at 
the  Treasury  of  the  United  States,  and  destroyed  as  now  provided  by 
law:  Provided,  That  the  amount  of  the  bonds  on  deposit  for  circulation 
shall  not  be  reduced  below  fifty  thousand  dollars. 

68.  Amount  of  Bonds  Required  to  be  on  Deposit — Reduction  of 
Amount  or  Retirement  in  Full  of  Circulating  Notes.  Act  July  12,< 
1882. — (§  8.)  That  national  banks  now  organized  or  hereafter  organ- 
ized, having  a  capital  of  one  hundred  and  fifty  thousand  dollars,  or  less, 
shall  not  be  required  to  keep  on  deposit  or  deposit  with  the  Treasurer  of 
the  United  States,  United  States  bonds  in  excess  of  one-fourth  of  their 
capital  stock  as  security  for  their  circulating  notes ;  but  such  banks  shall 
keep  on  deposit  or  deposit  with  the  Treasurer  of  the  United  States  the 
amount  of  bonds  as  herein  required.  And  such  of  those  banks  having 
on  deposit  bonds  in  excess  of  that  amount  are  authorized  to  reduce  their 
circulation  by  the  deposit  of  lawful  money  as  provided  by  law ;  [pro- 
vided, that  the  amount  of  such  circulating  notes  shall  not  in  any  case 
exceed  ninety  per  centum  of  the  par  value  of  the  bonds  deposited  as 
herein  provided:]  Provided  further,  That  the  national  banks  which  shall 
hereafter  make  deposits  of  lawful  money  for  the  retirement  in  full  of 
their  circulation  shall  at  the  time  of  their  deposit  be  assessed  for  the  cost 
of  transporting  and  redeeming  their  notes  then  outstanding,  a  sum  equal 
to  the  average  cost  of  the  redemption  of  national  bank  notes  during  the 
preceding  year,  and  shall  thereupon  pay  such  assessment.  And  all  na- 
tional banks  which  have  heretofore  made  or  shall  hereafter  make  de- 
posits of  lawful  money  for  the  reduction  of  their  circulation  shall  be 


284i  hillyer's  legal  manual. 

assessed  and  shall  pay  an  assessment  in  the  manner  specified  in  section 
3  of  the  act  approved  June  20,  1874,  for  the  cost  of  transporting  and 
redeeming  their  notes  redeemed  from  such  deposits  subsequently  to  June 
80,  1881. 

()9.  Withdrawal  of  Circulating  Notes  on  Deposit  of  Lawful  Money, 
and  Withdrawal  of  Bonds — Not  More  Than  Nine  Millions  to  be  De- 
posited During  Any  Calendar  Month — Withdrawal  of  Additional  Cir- 
culation on  Deposit  of  Lawful  Money  or  National  Bank  Notes.  Act 
May  30,  1908.— (§  10.)  That  section  9  of  the  act  approved  eTuly 
twelfth,  eighteen  hundred  and  eighty-two,  as  amended  by  the  act  ap- 
proved March  fourth,  nineteen  hundred  and  seven,  be  further  amended 
to  read  as  follows:  • 

"§  9.  That  any  national  banking  association  desiring  to  withdraw 
its  circulating  notes,  secured  by  deposit  of  United  States  bonds  in  the 
manner  provided  in  section  4  of  the  act  approved  June  twentieth, 
eighteen  hundred  and  seventy-four,  is  hereby  authorized  for  that 
purpose  to  deposit  lawful  money  with  the  Treasurer  of  the  United 
States  and,  with  the  consent  of  the  Comptroller  of  the  Ctirrency  and 
the  approval  of  the  Secretary  of  the  Treasury,  to  withdraw  a  propor- 
tionate amount  of  bonds  held  as  security  for  its  circulating  notes  in 
the  order  of  such  deposits :  Provided,  That  not  more  than  nine  millions 
of  dollars  of  lawful  money  shall  be  so  deposited  during  any  calendar 
month  for  this  purp6se. 

"Any  national  banking  association  desiring  to  withdraw  any  of 
its  circulating  notes,  secured  by  the  deposit  of  securities  other  than 
bonds  of  the  United  States,  may  make  such  withdrawal  at  any  time 
in  like  manner  and  effect  by  the  deposit  of  lawful  money  or  national 
bank  notes  with  the  Treasurer  of  the  United  States,  and  upon  such 
deposit  a  proportionate  share  of  the  securities  so  deposited  may  be 
withdrawn:  Provided,  That  the  deposits  under  this  section  to  retire 
notes  secured  by  the  deposit  of  securities  other  than  bonds  of  the 
United  States  shall  not  be  covered  into  the  Treasury,  as  required  by 
section  6  of  an  act  entitled  'An  act  directing  the  purchase  of  silver 
bullion  and  the  issue  of  Treasury  notes  thereon,  and  for  other  pur-, 
poses,'  approved  July  fourteenth,  eighteen  hundred  and  ninety,  but 
shall  be  retained  in  the  Treasury  for  the  purpose  of  redeeming  the 
notes  of  the  bank  making  such  deposit." 

70.  Comptroller  to  Determine  if  Association  can  Commence  Busi- 
ness.— (§  5168.)  Whenever  a  certificate  is  transmitted  to  the  Comp- 
troller of  the  Currency,  as  provided  in  this  title,  and  the  association 
transmitting  the  same  notifies  the  Comptroller  that  at  least  fifty  per 
centum  of  its  capital  stock  has  been  duly  paid  in,  and  that  such  asso- 
ciation has  complied  with  all  the  provisions  of  this  title  required  to 
be  complied  with  before  an  association  shall  be  authorized  to  commence 
the  business  of  banking,  the  Comptroller  shall  examine  into  the  condi- 
tion of  such  association,  ascertain  especially  the  amount  of  money  paid 
in  on  account  of  its  capital,  the  name  and  place  of  residence  of  each  of 
its  directors,  and  the  amount  of  the  capital  stock  of  which  each  is  the 
owner  in  good  faith,  and  generally  whether  such  association  has  com- 
plied with  all  the  provisions  of  this  title  required  to  entitle  it  to  en- 


NATIONAL  BANK  ACT.  285 

gage  in  the  business  of  banking;  and  shall  cause  to  be  made  and 
attested  by  the  oaths  of  a  majority  of  the  directors,  and  by  the  presi- 
dent or  cashier  of  the  association,  a  statement  of  all  the  facts  neces- 
sary to  enable  the  Comptroller  to  determine  whether  the  association 
is  lawfully  entitled  to  commence  the  business  of  banking. 

71.  Certificate  of  Authority  to  Commence  Banking  to  be  Issued. — 
(§  5169.)  If,  upon  a  careful  examination  of  the  facts  so  reported,  and 
of  any  other  facts  which  may  come  to  the  knowledge  of  the  Comp- 
troller, whether  by  means  of  a  special  commission  appointed  by  him 
for  the  purpose  of  inquiring  into  the  condition  of  such  association,  or 
otherwise,  it  appears  that  such  association  is  lawfully  entitled  to  com- 
mence the  business  of  banking,  the  Comptroller  shall  give  to  such 
association  a  certificate,  under  his  hand  and  official  seal,  that  such 
association  has  complied  with  all  the  provisions  required  to  be  com- 
plied with  before  commencing  the  business  of  banking,  and  that  such 
association  is  authorized  to  commence  such  business.  But  the  Comp- 
troller may  withhold  from  an  association  his  certificate  authorizing 
the  commencement  of  business,  whenever  he  has  reason  to  suppose  that 
the  shareholders  have  formed  the  same  for  any  other  than  the  legit- 
imate objects  contemplated  by  this  title. 

72.  Publication  of  Certificate.— (§  5170.)  The  association  shall 
cause  the  certificate  issued  under  the  preceding  section  to  be  published 
in  some  newspaper  printed  in  the  city  or  county  where  the  association 
is  located,  for  at  least  sixty  days  next  after  the  issuing  thereof;  or, 
if  no  newspaper  is  published  in  such  city  or  county,  then  in  the  news- 
paper published  nearest  thereto. 

73.  (§  5171.)     See  par.  74. 

74.  Delivery  of  Circulating  Notes.  Act  of  March  14, 1900.— (§  12.) 
That  upon  the  deposit  with  the  Treasurer  of  the  United  States,  by  any 
national  banking  association,  of  any  bonds  of  the  United  States  in  the 
manner  provided  by  existing  law,  such  association  shall  be  entitled  to 
receive  from  the  Comptroller  of  the  Currency  circulating  notes  in  blank, 
registered  and  countersigned  as  provided  by  law,  equal  in  amount  to  the 
par  value  of  the  bonds  so  deposited ;  and  any  national  banking  associa- 
tions now  having  bonds  on  deposit  for  the  security  of  circulating  notes, 
and  upon  which  an  amount  of  circulating  notes  has  been  issued  less  than 
the  par  value  of  the  bonds,  shall  be  entitled,  upon  due  application  to 
the  Comptroller  of  the  Currency,  to  receive  additional  circulating  notes 
in  blank  to  an  amount  which  will  increase  the  circulating  notes  held  by 
such  association  to  the  par  value  of  the  bonds  deposited,  such  addi- 
tional notes  to  be  held  and  treated  in  the  same  way  as  circulating  notes 
of  national  banking  associations  heretofore  issued,  and  subject  to  all 
the  provisions  of  law  affecting  such  notes :  Provided,  That  nothing  herein 
contained  shall  be  construed  to  modify  or  repeal  the  provisions  of  sec- 
tion 5167  of  the  Revised  Statutes  of  the  United  States,  authorizing  the 
Comptroller  of  the  Currency  to  require  additional  deposits  of  bonds  or 
of  lawful  money  in  case  the  market  value  of  the  bonds  held  to  secure 
the  circulating  notes  shall  fall  below  the  par  value  of  the  circulating 
notes  outstanding  for  which  such  bonds  may  be  deposited  as  security: 
And  provided  further,  That  the  circulating  notes  furnished  to  national 


286 

banking  associations  under  the  provisions  of  this  act  shall  be  of  the 
denominations  prescribed  by  law,  except  that  no  national  banking  asso- 
ciation shall,  after  the  passage  of  this  act,  be  entitled  to  receive  from 
the  Comptroller  of  the  Currency,  or  to  issue  or  reissue  or  place  in  circu- 
lation, more  than  one-third  in  amount  of  its  circulating  notes  of  the 
denomination  of  five  dollars:   And  provided   further.   That  the   total 
amount  of  such  notes  issued  to  any  such  association  may  equal  at  any 
time  but  shall  not  exceed  the  amount  at  such  time  of  its  capital  stock 
actually  paid  in:  And  provided  further,  That  under  regulations  to  be 
prescribed  by  the  Secretary  of  the  Treasury  any  national  banking  asso- 
ciation may  substitute  the  two  per  centum  bonds  issued  under  the  pro- 
visions of  this  act  for  any  of  the  bonds  deposited  with  the  Treasurer  to 
secure  circulation  or  to  secure  deposits  of  public  money ;  and  so  much  of 
an  act  entitled  *'An  act  to  enable  national  banking  associations  to  ex- 
tend their  corporate  existence,  and  for  other  purposes,"  approved  July 
twelfth,  eighteen  hundred  and  eighty-two,  as  prohibits  any  national  bank 
w^hich  makes  any  deposit  of  lawful  money  in  order  to  withdraw  its  circu- 
lating notes  from  receiving  any  increase  of  its  circulation  for  the  period 
of  six  months  from  the  time  it  made  such  deposit  of  lawful  money  for 
the  purpose  aforesaid,  is  hereby  repealed,  and  all  other  acts  or  parts  of 
acts  inconsistent  with  the  provisions  of  this  section  are  hereby  repealed. 
75.    Printing  Denominations  and  Form  of  the  Circulating  Notes. — 
(§  5172.)      [As  amended  May  30,  1908.]     In  order  to  furnish  suitable 
notes  for  circulation,  the  Comptroller  of  the  Currency  shall,  under  the 
direction  of  the  Secretary  of  the  Treasury,  cause  plates  and  dies  to  be 
engraved,  in  the  best  manner  to  guard  against  counterfeiting  and  fraud- 
ulent alterations,  and  shall  have  printed  therefrom,  and  numbered,  such 
quantity  of  circulating  notes,  in  blank,  of  the  denominations  of  five  dol- 
lars, ten  dollars,  twenty  dollars,  fifty  dollars,  one  hundred  dollars,  five 
hundred  dollars,  one  thousand  dollars,  and  ten  thousand  dollars,  as  may 
be  required  to  supply  the  associations  entitled  to  receive  the  same. 
Such  notes  shall  state  upon  their  face  that  they  are  secured  by  United 
States  bonds  or  other  securities,  certified  by  the  written  or  engraved 
signatures  of  the  Treasurer  and  Register  and  by  the  imprint  of  the  seal 
of  the  Treasury.    They  shall  also  express  upon  their  face  the  promise  of 
the  association  receiving  the  same  to  pay  on  demand,  attested  by  the 
signature  of  the  president  or  vice-president  and  cashier.    The  Comptrol- 
ler of  the  Currency,  acting  under  the  direction  of  the  Secretary  of  the 
Treasurj^  shall  as  soon  as  practicable  cause  to  be  prepared  circulating 
notes  in  blank,  registered  and  countersigned,  as  provided  by  law,  to  an 
amount  equal  to  fifty  per  centum  of  the  capital  stock  of  each  national 
banking  association ;  such  notes  to  be  deposited  in  the  treasury  or  in  the 
subtreasury  of  the  United  States  nearest  the  place  of  business  of  each 
association,  and  to  be  held  for  such  association,  subject  to  the  order  of 
the  Comptroller  of  the  Currency,  for  their  delivery  as  provided  by  law : 
Provided,  That  the  Comptroller  of  the  Currency  may  issue  national  bank 
notes  of  the  present  form  until  plates  can  be  prepared  and  circulating 
notes  issued  as  above  provided:  Provided,  however.  That  in  no  event 
shall  bank  notes  of  the  present  form  be  issued  to  any  bank  as  additional 
circulation  provided  for  by  this  act." 


NATIONAL  BANK  ACT.  287 

76.  Charter  Number  to  be  Printed  on  Notes.    Act  June  20,  1874. — 

(§  5.)  That  the  Comptroller  of  the  Currency  shall,  under  such  rules 
and  regulations  as  the  Secretary  of  the  Treasury  may  prescribe,  cause 
the  charter  numbers  of  the  association  to  be  printed  upon  all  national 
bank  notes  which  may  be  hereafter  issued  by  him. 

77.  Distinctive  Paper  for  Printing  Notes.  Act  March  3,  1875. — 
(§  1.)  .  .  .  .  That  the  national  bank  notes  shall  be  printed  under 
the  direction  of  the  Secretary  of  the  Treasury,  and  upon  the  distinctive 
or  special  paper  which  has  been,  or  may  hereafter  be,  adopted  by  him 
for  printing  United  States  notes. 

78.  Plates  and  Dies  to  be  Under  the  Control  of  the  Comptroller. — 
(§  5173.)  The  plates  and  special  dies  to  be  procured  by  the  Comp- 
troller of  the  Currency  for  the  printing  of  such  circulating  notes  shall 
remain  under  his  control  and  direction,  and  the  expenses  necessarily 
incurred  in  executing  the  laws  respecting  the  procuring  of  such  notes, 
and  all  other  expenses  of  the  Bureau  of  the  Currency,  shall  be  paid  out 
of  the  proceeds  of  the  taxes  or  duties  assessed  and  collected  on  the  circu- 
lation of  national  banking  associations  under  this  title. 

79.  Examination  of  Plates  and  Dies.— .(§  5174.)  [As  amended  1877.] 
The  Comptroller  of  the  Currency  shall  cause  to  be  examined,  each  year, 
the  plates,  dies,  bedpieces,  and  other  material  from  which  the  national 
bank  circulation  is  printed,  in  whole  or  in  part,  and  file  in  his  office 
annually  a  correct  list  of  the  same.  Such  material  as  shall  have  been 
used  in  the  printing  of  the  notes  of  associations  which  are  in  liquidation, 
or  have  closed  business,  shall  be  destroyed,  under  such  regulations  as 
shall  be  prescribed  by  the  Comptroller  of  the  Currency  and  approved  by 
the  Secretary  of  the  Treasury.  The  expenses  of  any  such  examination 
or  destruction  shall  be  paid  out  of  any  appropriation  made  by  Congress 
for  the  special  examination  of  national  banks  and  bank  note  plates. 

80.  Limit  to  Issue  of  Notes  Under  Five  Dollars.— (§  5175.)  Not 
more  than  one-sixth  part  of  the  notes  furnished  to  any  association  shall 
be  of  a  less  denomination  than  five  dollars.  After  specie  payments  are 
resumed  no  association  shall  be  furnished  with  notes  of  a  less  denomina- 
tion than  five  dollars. 

81.  (§  5176.)     Repealed. 

82.  (§  5177.)     Repealed. 

83.  Aggregate  Amount  of  Circulating  Notes  not  Limited.  Act  of 
January  14,  1875.— (§  3.)  That  section  5177  of  the  Revised  Statutes 
of  the  United  States,  limiting  the  aggregate  amount  of  circulating  notes 
of  national  banking  associations,  be  and  is  hereby  repealed;  and  each 
existing  banking  association  may  increase  its  circulating  notes  in  accord- 
ance with  existing  law  without  respect  to  said  aggregate  limit ;  and  new 
banking  associations  may  be  organized  in  accordance  with  existing  law 
without  respect  to  said  aggregate  limit;  and  the  provisions  of  law  for 
the  withdrawal  and  redistribution  of  national  bank  currency  among  the 
several  States  and  Territories  are  hereby  repealed. 

84.  (§  5178.)     Superseded. 

85.  (§  5179.)     Superseded. 

86.  (§  5180.)     Superseded. 

87.  (§  5181.)     Superseded. 


288 

88.  For  What  Demands  National  Bank  Notes  may  be  Received. — 

(§  5182.)  After  any  association  receivino:  circulating  notes  under  this 
title  has  caused  its  promise  to  pay  such  notes  on  demand  to  be  signed 
by  the  president  or  vice-president  and  cashier  thereof,  in  such  manner 
as  to  make  them  obligatory  promissorj^  notes,  payable  on  demand,  at 
its  place  of  business,  such  association  may  issue  and  circulate  the  same 
as  money.  And  the  same  shall  be  received  at  par  in  all  parts  of  the 
United  States  in  payment  of  taxes,  excises,  public  lands,  and  all  other 
dues  to  the  United  States,  except  duties  on  imports;  and  also  for  all 
salaries  and  other  debts  and  demands  owing  by  the  United  States  to 
individuals,  corporations,  and  associations  within  the  United  States,  ex- 
cept interest  on  the  public  debt,  and  in  redemption  of  the  national  cur- 
rency. 

89.  Issue  of  Post  Notes,  etc.,  Prohibited.— (§  5183.)  [As  amended 
187'5.]  No  national  banking  association  shall  issue  post  notes  or  any 
other  notes  to  circulate  as  money  than  such  as  are  authorized  by  the  pro- 
visions of  this  title. 

90.  Destroying  and  Replacing  Worn-out  and  Mutilated  Notes. — 
(§  5184.)  It  shall  be  the  duty  of  the  Comptroller  of  the  Currency  to 
receive  worn-out  or  mutilated  circulating  notes  issued  by  any  banking 
association,  and  also,  on  due  proof  of  the  destruction  of  any  such  circu- 
lating notes,  to  deliver  in  place  thereof  to  the  association  other  blank 
circulating  notes  to  an  equal  amount.  Such  worn-out  or  mutilated  notes, 
after  a  memorandum  has  been  entered  in  the  proper  books,  in  accord- 
ance with  such  regulations  as  may  be  established  by  the  Comptroller, 
as  well  as  all  circulating  notes  which  shall  have  been  paid  or  surrendered 
to  be  canceled  [shall  be  burned  to  ashes]  in  presence  of  four  persons, 
one  to  be  appointed  by  the  Secretar}^  of  the  Treasury,  one  by  the  Comp- 
troller of  the  Currency,  one  by  the  Treasurer  of  the  United  States,  and 
one  by  the  association,  under  such  regulations  as  the  Secretary  of  the 
Treasury  may  prescribe.  A  certificate  of  [such  burning] ,  signed  by  the 
parties  so  appointed,  shall  be  made  in  the  books  of  the  Comptroller,  and 
a  duplicate  thereof  forwarded  to  the  association  whose  notes  are  thus 
canceled. 

91.  Maceration  of  National  Bank  Notes.    Act  June  23,  1874 

For  the  maceration  of  national  bank  notes  .  .  .  . ;  and  that  all  such 
issues  hereafter  destroyed  may  be  destroyed  by  maceration  instead 
of  burning  to  ashes,  as  now  provided  by  law;  and  that  so  much  of  sec- 
tions 24  and  43  of  the  National  Currency  Act  as  requires  national  bank 
notes  to  be  burned  to  ashes  is  hereby  repealed ;  that  the  pulp  from  such 
macerated  issue  shall  be  disposed  of  only  under  the  direction  of  the 
Secretary  of  the  Treasury. 

92.  Organization  of  Associations  to  Issue  Gold  Notes.— (§  5185.) 
[As  amended  1875.]  Associations  may  be  organized  in  the  manner  pre- 
scribed by  this  title  for  the  purpose  of  issuing  notes  payable  in  gold; 
and  upon  the  deposit  of  any  United  States  bonds  bearing  interest  pay- 
able in  gold  with  the  Treasurer  of  the  United  States,  in  the  manner 
prescribed  for  other  associations,  it  shall  be  lawful  for  the  Comptroller 
of  the  Currency  to  issue  to  the  association  making  the  deposit  circulat- 
ing notes  of  different  denominations,  but  none  of  them  of  less  than  five 


NATIONAL  BANK  ACT.  289 

dollars,  and  not  exceeding  in  amount  eighty  per  centum  of  the  par  value 
of  the  bonds  deposited,  which  shall  express  the  promise  of  the  associa- 
tion to  pay  them,  upon  presentation  at  the  office  at  which  they  are  issued, 
in  gold  coin  of  the  United  States,  and  shall  be  so  redeemable. 

93.  Reserve  Requirements  for  Gold  Banks. —  (§  5186.)  Every  asso- 
ciation organized  under  the  preceding  section  shall  at  all  times  keep  on 
hand  not  less  than  twenty-five  per  centum  of  its  outstanding  circulation, 
in  gold  or  silver  coin  of  the  United  States;  and  shall  receive  at  par  in 
the  payment  of  debts  the  gold  notes  of  every  other  such  association 
which  at  the  time  of  such  payment  is  redeeming  its  circulating  notes  in 
gold  coin  of  the  United  States,  and  shall  be  subject  to  all  the  provisions 
of  this  title :  Provided,  That,  in  applying  the  same  to  associations  organ- 
ized for  issuing  gold  notes,  the  terms  "lawful  money"  and  "lawful 
money  of  the  United  States"  shall  be  construed  to  mean  gold  or  silver 
coin  of  the  United  States,  and  the  circulation  of  such  association  shall 
not  be  within  the  limitation  of  circulation  mentioned  in  this  title. 

94.  Conversion  of  National  Gold  Banks  into  Currency  Banks.  Act 
February  14,  1880. — That  any  national  gold-  bank  organized  under  the 
provisions  of  the  laws  of  the  United  States,  may,  in  the  manner  and  sub- 
ject to  the  provisions  prescribed  by  section  5154  of  the  Revised  Statutes 
of  the  United  States,  for  the  conversion  of  banks  incorporated  under 
the  laws  of  any  State,  cease  to  be  a  gold  bank,  and  become  such  an  asso- 
ciation as  is  authorized  by  section  5133,  for  carrying  on  the  business  of 
banking,  and  shall  have  the  same  powers  and  privileges,  and  shall  be 
subject  to  the  same  duties,  responsibilities,  and  rules,  in  all  respects,  as 
are  by  law  prescribed  for  such  associations:  Provided,  That  all  certifi- 
cates of  organization  w^hich  shall  be  issued  under  this  act  shall  bear  the 
date  of  the  original  organization  of  each  bank  respectively  as  a  gold  bank. 

95.  Penalty  for  Issuing  Circulating  Notes  to  Unauthorized  Associa- 
tions.—  (§  5187.)  No  officer  acting  under  the  provisions  of  this  title 
shall  countersign  or  deliver  to  any  association,  or  to  any  other  company 
or  person,  any  circulating  notes  contemplated  by  this  title,  except  in 
accordance  with  the  true  intent  and  meaning  of  its  provisions.  Every 
officer  who  violates  this  section  shall  be  deemed  guilty  of  a  high  misde- 
meanor, and  shall  be  fined  not  more  than  double  the  amount  so  counter- 
signed and  delivered,  and  imprisoned  not  less  than  one  year  and  not  more 
than  fifteen  years. 

96.  Penalty  for  Imitating  Bank  Circulation — Use  of  Same  for  Ad- 
vertising Purposes. — (§  5188.)  It  shall  not  be  lawful  to  design,  en- 
grave, print,  or  in  any  manner  make  or  execute,  or  to  utter,  issue, 
distribute,  circulate,  or  use,  any  business  or  professional  card,  notice, 
placard,  circular,  hand-bill,  or  advertisement,  in  the  likeness  or  sim- 
ilitude of  any  circulating  note  or  other  obligation  or  security  of  any 
banking  association  organized  or  acting  under  the  laws  of  the  United 
States  which  has  been  or  may  be  issued  under  this  title,  or  any  Act 
of  Congress,  or  to  write,  print,  or  otherwise  impress  upon  any  such 
note,  obligation,  or  security  any  business  or  professional  card,  notice, 
or  advertisement,  or  any  notice  or  advertisement  of  any  matter  or 
thing  whatever.     Every  person  who  violates  this  section  shall  be  liable 

19 


290  HILLYER^S  LEGAL  MANUAL. 

to  a  penalty  of  one  hundred  dollars,  recoverable  one-half  to  the  use  of 
the  informer. 

97.  Penalty  for  Mutilating  Circulation. — (§  5189.)  Every  person 
who  mutilates,  cuts,  defaces,  disfigures,  or  perforates  with  holes,  or 
unites  or  cements  together,  or  does  any  other  thing  to  any  bank  bill, 
draft,  note,  or  other  evidence  of  debt,  issued  by  any  national  banking 
association,  or  who  causes  or  procures  the  same  to  be  done,  with  intent 
to  render  such  bank  bill,  draft,  note,  or  other  evidence  of  debt  unfit 
to  be  reissued  by  said  association,  shall  be  liable  to  a  penalty  of  fifty 
dollars,  recoverable  by  the  association. 

ACT  MAY  30,  1908,  AUTHORIZING  NATIONAL  CURRENCY  ASSO- 
CIATIONS, THE  ISSUE  OF  ADDITIONAL  NATIONAL  BANK 
CIRCULATION,  AND  CREATING  A  NATIONAL  MONETARY 
COMMISSION. 

98.  Formation  of  National  Currency  Associations — What  Banks 
Eligible — Manner  of  Forming — Association  to  be  Body  Corporate  and 
Exercise  Powers  as  Such — But  One  Association  in  Any  City — ^Members 
of  Association  to  be  Taken  as  Nearly  as  Convenient  from  State,  Part 
of  State,  or  Contiguous  Parts  of  One  or  More  States — Officers,  How 
Selected — Powers  of  Officers  and  Executive  Committee — By-laws  to 
be  Approved  by  the  Secretary  of  the  Treasury. — Be  it  enacted  by  the 
Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled.  That  national  banking  associations,  each  hav- 
ing an  unimpaired  capital  and  a  surplus  of  not  less  than  twenty  per 
centum,  not  less  than  ten  in  number,  having  an  aggregate  capital  and 
surplus  of  at  least  five  millions  of  dollars,  ma}^  form  voluntary  asso- 
ciations to  be  designated  as  national  currency  associations.  The  banks 
uniting  to  form  such  association  shall,  by  their  presidents  or  vice- 
presidents,  acting  under  authority  from  the  board  of  directors,  make 
and  file  with  the  Secretary  of  the  Treasury  a  certificate  setting  forth 
the  names  of  the  banks  composing  the  association,  the  principal  place 
of  business  of  the  association,  and  the  name  of  the  association,  which 
name  shall  be  subject  to  the  approval  of  the  Secretary  of  the  Treasury. 
Upon  the  filing  of  such  certificate  the  associated  banks  therein  named 
shall  become  a  body  corporate,  and  b}^  the  name  so  designated  and 
approved  may  sue  and  be  sued  and  exercise  the  powers  of  a  body 
corporate  for  the  purposes  hereinafter  mentioned :  Provided,  That  not 
more  than  one  such  national  currency  association  shall  be  formed  in 
any  city :  Provided  further.  That  the  several  members  of  such  national 
currency  association  shall  be  taken,  as  nearly  as  conveniently  may  be, 
from  a  territory  composed  of  a  State  or  part  of  a  State,  or  contiguous 
parts  of  one  or  more  States :  And  provided  further,  That  any  national 
bank  in  such  city  or  territory,  having  the  qualifications  herein  pre- 
scribed for  membership  in  such  national  currency  association,  shall, 
upon  its  application  to  and  upon  the  approval  of  the  Secretary  of  the 
Treasury,  be  admitted  to  membership  in  a  national  currency  associa- 
tion for  that  city  or  territory,  and  upon  such  admission  shall  be  deemed 
and  held  a  part  of  the  body  corporate,  and  as  such  entitled  to  all  the 
rights  and  privileges  and  subject  to  all  the  liabilities  of  an  original 


NATIONAL  BANK  ACT.  291 

member:  And  provided  further,  That  each  national  currency  associa- 
tion shall  be  composed  exclusively  of  banks  not  members  of  any  other 
national  currency  association. 

The  dissolution,  voluntary  or  otherwise,  of  any  bank  in  such  asso- 
ciation shall  not  affect  the  corporate  existence  of  the  association  un- 
less there  shall  then  remain  less  than  the  minimum  number  of  ten 
banks:  Provided,  however.  That  the  reduction  of  the  number  of  said 
banks  below  the  minimum  of  ten  shall  not  affect  the  existence  of  the 
corporation  with  respect  to  the  assertion  of  all  rights  in  favor  of  or 
against  such  association.  The  affairs  of  the  association  shall  be  man- 
aged by  a  board  consisting  of  one  representative  from  each  bank. 
By-laws  for  the  government  of  the  association  shall  be  made  by  the 
board,  subject  to  the  approval  of  the  Secretary  of  the  Treasury.  A 
president,  vice-president,  secretary,  treasurer,  and  an  executive  com- 
mittee of  not  less  than  five  members,  shall  be  elected  by  the  board. 
The  powers  of  such  board,  except  in  the  election  of  officers  and  making 
of  by-laws,  may  be  exercised  through  its  ex-ecutive  committee. 

99.  Conditions  Under  Which  Banks  Belonging  to  National  Cur- 
rency Associations  may  Take  Out  Additional  Circulation — Amount 
Limited  to  Seventy-five  Per  Cent  of  the  Cash  Value  of  the  Securities 
and  Commercial  Paper  Deposited — Issue  of  Additional  Circulation  on 
Deposit  of  State,  City,  Town,  County,  or  Municipal  Bonds  Authorized 
to  Extent  of  Ninety  Per  Cent  of  Their  Market  Value— The  Banks 
and  Assets  of  All  Banks  Members  of  Said  Association  Jointly  and 
Severally  Liable  to  the  United  States  for  the  Redemption  of  Such 
Additional  Circulation — Lien  of  United  States  Under  Section  5230, 
Revised  Statutes,  Extended  to  Cover  Assets  of  All  Banks  Belonging 
to  the  Association — Requirement  of  Additional  Securities — When  Asso- 
ciation may  Sell  Securities  Deposited  With  It. — The  national  currency 
association  herein  provided  for  shall  have  and  exercise  any  and  all 
powers  necessary  to  carry  out  the  purposes  of  this  section,  namely,  to 
render  available,  under  the  direction  and  control  of  the  Secretary  of 
the  Treasury,  as  a  basis  for  additional  circulation  any  securities,  in- 
cluding commercial  paper,  held  by  a  national  banking  association. 
For  the  purpose  of  obtaining  such  additional  circulation,  any  bank 
belonging  to  any  national  currency  association,  having  circulating 
notes  outstanding  secured  by  the  deposit  of  bonds  of  the  United  States 
to  an  amount  not  less  than  forty  per  centum  of  its  capital  stock,  and 
which  has  its  capital  unimpaired  and  a  surplus  of  not  less  than  twenty 
per  centum,  may  deposit  with  and  transfer  to  the  association,  in  trust 
for  the  United  States,  for  the  purpose  hereinafter  provided,  such  of 
the  securities  above  mentioned  as  may  be  satisfactory  to  the  board  of 
the  association.  The  officers  of  the  association  may  thereupon,  in 
behalf  of  such  bank  make  application  to  the  Comptroller  of  the  Cur- 
rency for  an  issue  of  additional  circulating  notes  to  an  amount  not 
exceeding  seventy-five  per  centum  of  the  cash  value  of  the  securities 
or  commercial  paper  so  deposited.  The  Comptroller  of  the  Currency 
shall  immediately  transmit  such  application  to  the  Secretary  of  the 
Treasury  with  such  recommendation  as  he  thinks  proper,  and  if,  in 
the  judgment  of  the  Secretary  of  the  Treasury,  business  conditions 
in  the  locality  demand  additional  circulation,  and  if  he  be  satisfied 


292  hillyer's  legal  manual. 

with  the  character  and  value  of  the  securities  proposed  and  that  a  lien 
in  favor  of  the  United  States  on  the  securities  so  deposited  and  on 
the  assets  of  the  banks  composing  the  association  will  be  amply  suffi- 
cient for  the  protection  of  the  United  States,  he  may  direct  an  issue 
of  additional  circulating  notes  to  the  association,  on  behalf  of  such 
bank,  to  an  amount  in  his  discretion,  not,  however,  exceeding  seventy- 
five  per  centum  of  the  cash  value  of  the  securities  so  deposited:  Pro- 
vided, That  upon  the  deposit  of  any  of  the  State,  city,  town,  county, 
or  other  municipal  bonds,  of  a  character  described  in  section  3  of  this 
act,  circulating  notes  may  be  issued  to  the  extent  of  not  exceeding 
ninety  per  centum  of  the  market  value  of  such  bonds  so  deposited: 
And  provided  further,  That  no  national  banking  association  shall  be 
authorized  in  any  event  to  issue  circulating  notes  based  on  commercial 
paper  in  excess  of  thirty  per  centum  of  its  unimpaired  capital  and 
surplus.  The  term  "commercial  paper"  shall  be  held  to  include  onl}^ 
notes  representing  actual  commercial  transactions,  which  when  ac- 
cepted by  the  association  shall  bear  the  names  of  at  least  two  respon- 
sible parties  and  have  not  exceeding  four  months  to  run. 

The  banks  and  the  assets  of  all  banks  belonging  to  the  association 
shall  be  jointly  and  severally  liable  to  the  United  States  for  the  re- 
demption of  such  additional  circulation;  and  to  secure  such  liability 
the  lien  created  by  section  5230  of  the  Revised  Statutes  shall  extend 
to  and  cover  the  assets  of  all  banks  belonging  to  the  association,  and 
to  the  securities  deposited  by  the  banks  with  the  association  pursuant 
to  the  provisions  of  this  act;  but  as  between  the  several  banks  com- 
posing such  association  each  bank  shall  be  liable  only  in  the  propor- 
tion that  its  capital  and  surplus  bears  to  the  aggregate  capital  and 
surplus  of  all  such  banks.  The  association  may,  at  any  time,  require 
of  any  of  its  constituent  banks  a  deposit  of  additional  securities  or 
commercial  paper,  or  an  exchange  of  the  securities  already  on  deposit, 
to  secure  such  additional  circulation;  and  in  case  of  the  failure  of 
such  bank  to  make  such  deposit  or  exchange  the  association  may,  after 
ten  days'  notice  to  the  bank,  sell  the  securities  and  paper  already  in 
its  hands  at  public  sale,  and  deposit  the  proceeds  with  the  Treasurer 
of  the  United  States  as  a  fund  for  the  redemption  of  such  additional 
circulation.  If  such  fund  be  insufficient  for  that  purpose  the  associa- 
tion may  recover  from  the  bank  the  amount  of  the  deficiency  by  suit 
in  the  circuit  court  of  the  United  States,  and  shall  have  the  benefit  of 
the  lien  hereinbefore  provided  for  in  favor  of  the  United  States  upon 
the  assets  of  such  bank.  The  association  or  the  Secretary  of  the  Treas- 
ury may  permit  or  require  the  withdrawal  of  any  such  securities  or 
commercial  paper  and  the  substitution  of  other  securities  or  commer- 
cial paper  of  equal  value  therefor. 

100.  Redemption  Fund  Below  Requirement — Duty  of  Treasurer  of 
United  States. — (§  2.)  That  whenever  any  bank  belonging  to  a  na- 
tional currency  association  shall  fail  to  preserve  or  make  good  its 
redemption  fund  in  the  Treasury  of  the  United  States,  required  by 
section  3  of  the  act  of  June  twentieth,  eighteen  hundred  and  seventy- 
four,  chapter  three  hundred  and  forty-three,  and  the  provisions  of  this 
act,  the  Treasurer  of  the  United  States  shall  notify  such  national  cur- 
rency association  to  make  good  such  redemption  fund,  and  upon  the 


NATIONAL  BANK  ACT.  293 

failure  of  such  national  currency  association  to  make  good  such  fund, 
the  Treasurer  of  the  United  States  may,  in  his  discretion,  apply  so 
much  of  the  redemption  fund  belonging  to  the  other  banks  composing 
such  national  currency  association  as  may  be  necessary  for  that  pur- 
pose; and  such  national  currency  association  may,  after  five  days' 
notice  to  such  bank,  proceed  to  sell  at  public  sale  the  securities  de- 
posited by  such  bank  with  the  association  pursuant  to  the  provisions 
of  section  1  of  this  act,  and  deposit  the  proceeds  with  the  Treasurer 
of  the  United  States  as  a  fimd  for  the  redemption  of  the  additional 
circulation  taken  out  by  such  bank  under  this  act. 

101.  What  National  Banks  may  Apply  for  Authority  to  Issue  Addi- 
tional Circulation  on  Bonds  Other  Than  United  States  Bonds — What 
Bonds  will  be  Accepted  for  Such  Additional  Circulation. — (§  3.)  That 
any  national  banking  association  which  has  circulating  notes  outstand- 
ing, secured  by  the  deposit  of  United  States  bonds  to  an  amount  of 
not  less  than  forty  per  centum  of  its  capital  stock,  and  which  has  a 
surplus  of  not  less  than  twenty  per  centum,  may  make  application  to 
the  Comptroller  of  the  Currency  for  authority  to  issue  additional  cir- 
culating notes  to  be  secured  by  the  deposit  of  bonds  other  than  bonds 
of  the  United  States.  The  Comptroller  of  the  Currency  shall  trans- 
mit immediately  the  application,  with  his  recommendation,  to  the 
secretary  of  the  Treasury,  who  shall,  if  in  his  judgment  business  condi- 
tions in  the  locality  demand  additional  circulation,  approve  the  same, 
and  shall  determine  the  time  of  issue  and  fix  the  amount,  within  the 
limitations  herein  imposed,  of  the  additional  circulating  notes  to  be 
issued.  Whenever  after  receiving  notice  of  such  approval  any  such 
association  shall  deposit  with  the  Treasurer  or  any  assistant  treasurer 
of  the  United  States  such  of  the  bonds  described  in  this  section  as  shall 
be  approved  in  character  and  amount  by  the  Treasurer  of  the  United 
States  and  the  Secretary  of  the  Treasury,  it  shall  be  entitled  to  re- 
ceive, upon  the  order  of  the  Comptroller  of  the  Currency,  circulating 
notes  in  blank,  registered  and  countersigned  as  provided  by  law,  not 
exceeding  in  amount  ninety  per  centum  of  the  market  value,  but  not 
in  excess  of  the  par  value  of  any  bonds  so  deposited,  such  market  value 
to  be  ascertained  and  determined  under  the  direction  of  the  Secretary 
of  the  Treasury. 

The  Treasurer  of  the  United  States,  with  the  approval  of  the  Secre- 
tary of  the  Treasury,  shall  accept  as  security  for  the  additional  circu- 
lating notes  provided  for  in  this  section,  bonds  or  other  interest-bearing 
obligations  of  any  State  of  the  United  States,  or  any  legally  author- 
ized bonds  issued  by  any  city,  town,  county,  or  other  legally  consti-  . 
tuted  municipality  or  district  in  the  United  States  which  has  been  in 
existence  for  a  period  of  ten  years,  and  which  for  a  period  of  ten  years 
previous  to  such  deposit  has  not  defaulted  in  the  payment  of  any  part 
of  either  principal  or  interest  of  any  funded  debt  authorized  to  be 
contracted  by  it,  and  whose  net  funded  indebtedness  does  not  exceed 
ten  per  centum  of  the  valuation  of  its  taxable  property,  to  be  ascer- 
tained by  the  last  preceding  valuation  of  property  for  the  assessment 
of  taxes.  The  Treasurer  of  the  United  States,  with  the  approval  of 
the  Secretary  of  the  Treasury,  shall  accept,  for  the  purposes  of  this 
section,  securities  herein  enumerated  in  such  proportions  as  he  may 


294  HILLYER^S  LEGAL   MANUAL. 

from  time  to  time  determine,  and  he  may  with  such  approval  at  any 
time  require  the  deposit  of  additional  securities,  or  require  any  asso- 
ciation to  ehano:e  the  character  of  the  securities  already  on  deposit. 

102.  Legal  Title  of  Bonds  Deposited  to  Secure  Additional  Circu- 
lation— Assignment  of  Bonds  by  Treasurer  to  be  Countersigned  by  the 
Comptroller  of  the  Currency. — (§  4.)  That  the  legal  title  of  all  bonds, 
whether  coupon  or  registered,  deposited  to  secure  circulating  notes 
issued  in  accordance  with  the  terms  of  section  3  of  this  act  shall  be 
transferred  to  the  Treasurer  of  the  United  States  in  trust  for  the  asso- 
ciation depositing  them,  under  regulations  to  be  prescribed  by  the 
Secretary  of  the  Treasury.  A  receipt  shall  be  given  to  the  association 
by  the  Treasurer  or  any  assistant  treasurer  of  the  United  States,  stat- 
ing that  such  bond  is  held  in  trust  for  the  association  on  whose  behalf 
the  transfer  is  made,  and  as  security  for  the  redemption  and  payment 
of  any  circulating  notes  that  have  been  or  may  be  delivered  to  such 
association.  No  assignment  or  transfer  of  any  such  bond  by  the  Treas- 
urer shall  be  deemed  valid  unless  countersigned  by  the  Comptroller 
of  the  Currency.  The  provisions  of  sections  5163,  5164,  5165,  5166, 
5167  and  sections  5224  to  5232,  inclusive,  of  the  Revised  Statutes  re- 
specting United  States  bonds  deposited  to  secure  circulating  notes 
shall,  except  as  herein  modified,  be  applicable  to  all  bonds  deposited 
under  the  terms  of  section  3  of  this  act. 

103.  Additional  Circulation,  How  Treated — Limit  to  Amount  of 
Circulation  Issued  to  Each  Bank — Limit  to  Total  Amount  Outstanding 
Under  This  Act. — (§5.)  That  the  additional  circulating  notes  issued 
under  this  act  shall  be  used,  held,  and  treated  in  the  same  way  as  cir- 
culating notes  of  national  banking  associations  heretofore  issued  and  se- 
cured by  a  deposit  of  United  States  bonds,  and  shall  be  subject  to  all  the 
provisions  of  law  affecting  such  notes  except  as  herein  expressly  modi- 
fied: Provided,  That  the  total  amount  of  circulating  notes  outstanding 
of  any  national  banking  association,  including  notes  secured  by  United 
States  bonds  as  now  provided  by  law,  and  notes  secured  otherwise  than 
by  deposit  of  such  bonds,  shall  not  at  any  time  exceed  the  amount  of  its 
unimpaired  capital  and  surplus :  And  provided  further,  That  there  shall 
not  be  outstanding  at  any  time  circulating  notes  issued  under  the  pro- 
visions of  this  act  to  an  amount  of  more  than  five  hundred  millions  of 
dollars. 

104.  Amount  of  Redemption  Fund. — (§  6.)  That  whenever  and  so 
long  as  any  national  banking  association  has  outstanding  any  of  the 
additional  circulating  notes  authorized  to  be  issued  by  the  provisions  of 
this  act  it  shall  keep  on  deposit  in  the  Treasury  of  the  United  States, 
in  addition  to  the  redemption  fund  required  by  section  three  of  the  act 
of  June  twentieth,  eighteen  hundred  and  seventy-four,  an  additional 
sum  equal  to  five  per  centum  of  such  additional  circulation  at  any  time 
outstanding,  such  additional  five  per  centum  to  be  treated,  held,  and  used 
in  all  respects  in  the  same  manner  as  the  original  redemption  fund  pro- 
vided for  by  said  section  three  of  the  Act  of  June  twentieth,  eighteen 
hundred  and  seventy-four. 

105.  Equitable  Distribution  of  Notes. — (§7.)  In  order  that  the 
distribution  of  notes  to  be  issued  under  the  provisions  of  this  act  shall  be 


NATIONAL  BANK  ACT.  295 

made  as  equitable  as  practicable  between  the  various  sections  of  the 
counT:ry,  the  Secretary  of  the  Treasury  shall  not  approve  applications 
from  associations  in  any  State  in  excess  of  the  amount  to  which  such 
State  would  be  entitled  of  the  additional  notes  herein  authorized  on  the 
basis  of  the  proportion  which  the  unimpaired  capital  and  surplus  of 
the  national  banking  associations  in  such  State  bears  to  the  total  amount 
of  unimpaired  capital  and  surplus  of  the  national  banking  associations 
of  the  United  States :  Provided,  however,  That  in  case  the  applications 
from  associations  in  any  State  shall  not  be  equal  to  the  amount  which 
the  associations  of  such  State  would  be  entitled  to  under  this  method 
of  distribution,  the  Secretary  of  the  Treasury  may,  in  his  discretion, 
to  meet  an  emergency,  assign  the  amount  not  thus  applied  for  to  any 
applying  association  or  associations  in  States  in  the  same  section  of  the 
country. 

106.  Secretary  of  the  Treasiuy  to  Furnish  Information  as  to  the 
Value  and  Character  of  Securities. — (§8.)"  That  it  shall  be  the  duty 
of  the  Secretary  of  the  Treasury  to  obtain  information  with  reference 
to  the  value  and  character  of  the  securities  authorized  to  be  accepted 
under  the  provisions  of  this  act,  and  he  shall  from  time  to  time  furnish 
information  to  national  banking  associations  as  to  such  securities  as 
would  be  acceptable  under  the  provisions  of  this  act. 

107.  (§     9.)     See  par.  156. 

108.  (§  10.)     See  par.  66. 

109.  (§  11.)     See  par.  75. 

110.  Circulating  Notes  to  be  Redeemed  in  Lawful  Money  of  the 
United  States. —  (§  12.)  That  circulating  notes  of  national  banking 
associations,  when  presented  to  the  Treasury  for  redemption,  as  pro- 
vided in  section  three  of  the  act  approved  June  twentieth,  eighteen  hun- 
dred and  seventy-four,  shall  be  redeemed  in  lawful  money  of  the  United 
States. 

111.  All  Acts  of  the  Comptroller  of  the  Currency  and  Treasi^rer  of 
the  United  States  Under  This  Act  to  be  Approved  by  the  Secretary  of 
the  Treasury. —  (S  13.)  That  all  acts  and  orders  of  the  Comptroller  of 
the  Currencv  and  the  Treasurer  of  the  United  States  authorized  bv 
this  act  shall  have  the  approval  of  the  Secretary  of  the  Treasury  who 
shall  have  power,  also,  to  make  any  such  rules  and  regulations  and  ex- 
ercise such  control  over  the  organization  and  management  of  national 
currency  associations  as  may  be  necessary  to  carry  out  the  purposes  of 
this  act. 

112.  (§  14.)     See  par.  120. 

113.  (§  15.)     See  par.  51. 

114.  Expenses  of  Act. — (§  16.)  That  a  sum  sufficient  to  carry  out 
the  purposes  of  the  preceding  sections  of  this  act  is  hereby  appropriated 
out  of  any  money  in  the  Treasury  not  otherwise  appropriated. 

115.  Appointment  of  Monetary  Commission. — (§  17.)  That  a  com- 
mission is  hereby  created,  to  be  called  the  ''National  Monetary  Commis- 
sion," to  be  composed  of  nine  members  of  the  Senate,  to  be  appointed 
by  the  presiding  officer  thereof,  and  nine  members  of  the  House  of  Repre- 
sentatives, to  be  appointed  by  the  speaker  thereof;  and  any  vacancy  on 


296 

the  commission  shall  be  filled  in  the  same  manner  as  the  original  appoint- 
ment. 

116.  Powers  of  Commission — Commission  to  Report  to  Congress. — 

(§  18.)  That  it  shall  be  the  duty  of  this  Commission  to  inquire  into 
and  report  to  Congress  at  the  earliest  date  practicable,  what  changes 
are  necessary  or  desirable  in  the  monetary  system  of  the  United  States 
or  in  the  laws  relating  to  banking  and  currency,  and  for  this  purpose 
they  are  authorized  to  sit  during  the  sessions  of  recess  of  Congress,  at 
such  times  and  places  as  they  may  deem  desirable,  to  send  for  persons 
and  papers,  to  administer  oaths,  to  summon  and  compel  the  attendance 
of  witnesses,  and  to  employ  a  disbursing  officer  and  such  secretaries, 
experts,  stenographers,  messengers,  and  other  assistants  as  shall  be  neces- 
sary to  carry  out  the  purposes  for  which  said  commission  was  created. 
The  commission  shall  have  the  power,  through  subcommittee  or  otherwise, 
to  examine  witnesses  and  to  make  such  investigations  and  examinations, 
in  this  or  other  countries,  of  the  subjects  committed  to  their  charge  as 
they  shall  deem  necessary. 

117.  Expenses  of  Commission. — (§  19.)  That  a  sum  sufficient  to 
carry  out  the  purposes  of  sections  seventeen  and  eighteen  of  this  act,  and 
to  pay  the  necessary  expenses  of  the  commission  and  its  members,  is 
hereby  appropriated,  out  of  any  money  in  the  Treasury  not  otherwise 
appropriated.  Said  appropriation  shall  be  immediately  available  and 
shall  be  paid  out  on  the  audit  and  order  of  the  chairman  or  acting  chair- 
man of  said  commission,  which  audit  and  order  shall  be  conclusive  and 
binding  upon  all  departments  as  to  the  correctness  "of  the  accounts  of 
such  commission. 

118.  When  Act  Expires  by  Limitation.— (§  20.)  That  this  act  shall 
expire  by  limitation  on  the  thirtieth  day  of  June,  nineteen  hundred  and 
fourteen. 

CHAPTER  IV. 
Regulation  of  the  Banking  Business. 

119.  Place  of  Business. — (§  5190.)  The  usual  business  of  each  na- 
tional banking  association  shall  be  transacted  at  an  office  or  banking 
house  located  in  the  place  specified  in  its  organization  certificate. 

120.  Reserve  Cities  and  Reserve  Requirements. — (§  5191.)  Every 
national  banking  association  in  either  of  the  following  cities:  Albany, 
Baltimore,  Boston,  Cincinnati,  Chicago,  Cleveland,  Detroit,  Louisville, 
Milwaukee,  New  Orleans,  New  York,  Philadelphia,  Pittsburg,  St.  Louis, 
San  Francisco,  and  Washington,  shall  at  all  times  have  on  hand,  in 
lawful  money  of  the  United  States,  an  amount  equal  to  at  least  twenty- 
five  per  centum  of  the  aggregate  amount  of  [its  notes  in  circulation  and] 
its  deposits ;  and  every  other  association  shall  at  all  times  have  on  hand, 
in  lawful  money  of  the  United  States,  an  amount  equal  to  at  least  fifteen 
per  centum  of  the  aggregate  amount  [of  its  notes  in  circulation  and] 
of  its  deposits.  Whenever  the  lawful  money  of  any  association  in  any 
of  the  cities  named  shall  be  below  the  amount  of  twenty -five  per  centum 
of  its  [circulation  and]  deposits,  and  whenever  the  lawful  money  of 
any  other  association  shall  be  below  fifteen  per  centum  of'  its 
[circulation    and]    deposits,    such    association    shall    not    increase    its 


NATIONAL  BANK  ACT.  297 

liabilities  by  making  any  new  loans  or  discounts  otherwise  than  by  dis- 
counting^ or  purchasing  bills  of  exchange  payable  at  sight,  nor  make  any 
dividends  of  its  profits  until  the  required  proportion,  between  the  aggre- 
gate amount  of  its  [outstanding  notes  of  circulation  and]  deposits  and 
its  lawful  money  of  the  United  Statas,  has  been  restored.  And  the 
Comptroller  of  the  Currency  may  notify  any  association,  whose  lawfiil 
money  reserve  shall  be  below  the  amount  above  required  to  be  kept  on 
hand,  to  make  good  such  reserve;  and  if  such  association  shall  fail  for 
thirty  days  thereafter  so  to  make  good  its  reserve  of  lawful  money,  the 
Comptroller  may,  with  the  concurrence  of  the  Secretary  of  the  Treas- 
ury, appoint  a  receiver  to  wind  up  the  business  of  the  association,  as 
provided  in  section  fifty-two  hundred  and  thirty-four. 

121.  What  may  be  Counted  as  Reserve.— (§  5191.)  Three-fifths  of 
the  reserve  of  fifteen  per  centum  required  by  the  preceding  section  to  be 
kept,  may  consist  of  balances  due  to  an  association,  available  for  the  re- 
demption of  its  circulating  notes,  from  associations  approved  by  the 
Comptroller  of  the  Currency,  organized  under  the  act  of  June  three, 
eighteen  hundred  and  sixty-four,  or  under  this  title,  and  doing  business 
in  the  cities  of  Albany,  Baltimore,  Boston,  Charleston,  Chicago,  Cin- 
cinnati, Cleveland,  Detroit,  Louisville,  Milwaukee,  New  Orleans,  New 
York,  Philadelphia,  Pittsburg,  Richmond,  Saint  Louis,  San  Francisco, 
and  Washington.  Clearing-house  certificates,  representing  specie  or  law- 
ful money  specially  deposited  for  the  purpose,  of  any  clearing-house  as- 
sociation, shall  also  be  deemed  to  be  lawful  money  in  the  possession  of 
any  association  belonging  to  such  clearing-house,  holding  and  owning 
such  certificate,  within  the  preceding  section. 

122.  Lawful  Money  Reserve  to  be  Determined  by  Deposits.  Act 
June  20,  1874.— (§  2.)  That  section  thirty-one  of  "the  national  bank 
act"  be  so  amended  that  the  several  associations  therein  provided  for 
shall  not  hereafter  be  required  to  keep  on  hand  any  amount  of  money 
whatever,  by  reason  of  the  amount  of  their  respective  circulations;  but 
the  moneys  required  by  said  section  to  be  kept  at  all  times  on  hand  shall 
be  determined  by  the  amount  of  deposits  in  all  respects,  as  provided  for 
in  the  said  section. 

NOTE. — §  20.  So  much  of  sections  two  and  three  of  the  act  of  June 
twentieth,  eighteen  hundred  and  seventy-four,  entitled  ''An  act  fixing 
the  amount  of  United  States  notes,  providing  for  a  redistribution  of 
the  national  bank  currency,  and  for  other  purposes,"  as  provides  that 
the  fund  deposited  by  any  national  banking  association  with  the  Treas- 
urer of  the  United  States  for  the  redemption  of  its  notes  shall  be 
counted  as  a  part  of  its  lawful  reserve  as  provided  in  the  act  aforesaid, 
is  hereby  repealed.  And  from  and  after  the  passage  of  this  act  such 
fund  of  five  per  centum  shall  in  no  case  be  counted  by  any  national 
banking  association  as  a  part  of  its  lawful  reserve.  (Act  of  Dec.  23, 
1913.) 

123.  No  Reserve  Need  be  Held  Against  Deposits  of  Public  Money. 
Act  May  30,  1908.~(§  14.)  That  the  provisions  of  section  fifty-one 
hundred  and  ninety-one  of  the  Revised  Statutes,  with  reference  to  the 
reserves  of  national  banking  associations,  shall  not  apply  to  deposits  of 
public  moneys  by  the  United  States  in  designated  depositaries. 


298  hillyer's  legal  manual. 

124.  Provisions  for  Redeeming  Circulation — Five  Per  Cent — Re- 
demption Fund.  Act  June  20,  1874. — (§  3.)  That  every  association 
organized,  or  to  be  organized,  under  the  provisions  of  the  said  act,  and 
of  the  several  acts  amendatory  thereof,  shall  at  all  times  keep  and  have 
on  deposit  in  the  Treasury  of  the  United  States,  in  lawful  money  of  the 
United  States,  a  sum  equal  to  five  per  centum  of  its  circulation,  to  be 
held  and  used  for  the  redemption  of  such  circulation ;  which  sum  shall 
be  counted  as  a  part  of  its  lawful  reserve,  as  provided  in  section  two  of 
this  act;  and  when  the  circulating  notes  of  any  such  associations,  as- 
sorted or  unassorted,  shall  be  presented  for  redemption,  in  sums  of  one 
thousand  dollars,  or  any  multiple  thereof,  to  the  Treasurer  of  the  United 
States,  the  same  shall  be  redeemed  in  [United  States  notes] .  All  notes 
so  redeemed  shall  be  charged  by  the  Treasurer  of  the  United  States 
to  the  respective  associations  issuing  the  same,  and  he  shall  notify  them 
severally,  on  the  first  day  of  each  month,  or  oftener,  at  his  discretion, 
of  the  amount  of  such  redemptions ;  and  whenever  such  redemptions  for 
any  association  shall  amount  to  the  sum  of  five  hundred  dollars,  such 
association  so  notified  shall  forthwith  deposit  with  the  Treasurer  of  the 
Umited  States  a  sum  in  United  States  notes  equal  to  the  amount  of  its 
circulating  notes  so  redeemed.  And  all  notes  of  national  banks,  worn, 
defaced,  mutilated,  or  otherwise  unfit  for  circulation,  shall,  when  re- 
ceived by  any  assistant  treasurer,  or  at  any  designated  depository  of  the 
United  States,  be  forwarded  to  the  Treasurer  of  the  United  States  for 
redemption  as  provided  herein.  And  when  such  redemptions  have  been 
so  reimbursed,  the  circulating  notes  so  redeemed  shall  be  forwarded  to 
the  respective  associations  by  which  they  were  issued ;  but  if  any  of  such 
notes  are  worn,  mutilated,  defaced,  or  rendered  otherwise  unfit  for  use, 
they  shall  be  forwarded  to  the  Comptroller  of  the  Currency  and  de- 
stroyed and  replaced  as  now  provided  by  law :  Provided,  That  each  of 
said  associations  shall  reimburse  to  the  Treasury  the  charges  for  trans- 
portation and  the  costs  for  assorting  such  notes;  and  the  associations 
hereafter  organized  shall  also  severally  reimburse  to  the  Treasury  the 
cost  of  engraving  such  plates  as  shall  be  ordered  by  each  association  re- 
spectively; and  the  amount  assessed  upon  each  association  shall  be  in 
proportion  to  the  circulation  redeemed,  and  be  charged  to  the  fund  on 
deposit  with  the  Treasurer:  And  provided  further,  That  so  much  of 
section  thirty-two  of  said  national  bank  act  requiring  or  permitting  the 
redemption  of  its  circulating  notes  elsew^here  than  at  its  own  counter, 
except  as  provided  for  in  this  section,  is  hereby  repealed.  (See  note 
to  122.) 

125.  Clerical  Force  for  Redemption  of  Circulating  Notes.  Act 
March  3,  1875. — That  to  carry  into  effect  the  provisions  of  section  three 
of  the  act  entitled  "An  act  fixing  the  amount  of  United  States  notes, 
providing  for  a  redistribution  of  the  national  bank  currency,  and  for 
other  purposes,"  approved  June  twentieth,  eighteen  hundred  and 
seventy-four,  the  Secretary  of  the  Treasury  is  authorized  to  appoint  the 
following  force,  to  be  employed  under  his  direction,  namely:  In  the 
OfBce  of  the  Treasurer:  ....  In  the  Office  of  the  Comptroller  of  the 

Currency And  at  the  end  of  each  month,  the  Secretary  of  the 

Treasury  shall  reimburse  the  Treasury  to  the  full  amount  paid  out  under 


NATIONAL  BANK  ACT.  299 

the  provisions  of  this  section  by  transfer  of  said  amount  from  the  deposit 
of  the  national  banking  association  with  the  Treasury  of  the  United 
States;  and  at  the  end  of  each  fiscal  year  he  shall  transfer  from  said 
deposit  to  the  Treasury  of  the  United  States  such  sum  as  may  have  been 
actually  expended  under  his  direction  for  stationery,  rent,  fuel,  light, 
and  other  necessary  incidental  expenses  which  have  been  incurred  in 
carrying  into  effect  the  provisions  of  the  said  section  of  the  above-named 
act. 

126.  Additional  Reserve  Cities.  Act  of  March  3,  1903,  Amending 
Act  of  March  3,  1887.— (§  1.)  That  whenever  three-fourths  in  nam- 
ber  of  the  national  banfe  located  in  any  city  of  the  United  States  having 
a  population  of  twenty-five  thousand  people  shall  make  application  to 
the  Comptroller  of  the  Currency,  in  writing,  asking  that  the  name  of  the 
city  in  which  such  banks  are  located  shall  be  added  to  the  cities  named 
in  sections  fifty-one  hundred  and  ninety-one  and  fifty-one  hundred  and 
ninety-two  of  the  Revised  Statutes,  the  Comptroller  shall  have  authority 
to  grant  such  request,  and  every  bank  located  in  such  city  shall  at  all 
times  thereafter  have  on  hand,  in  lawful  money  of  the  United  States, 
an  amount  equal  to  at  least  twenty-five  per  centum  of  its  deposits,  as 
provided  in  sections  fifty-one  hundred  and  ninety-one  and  fifty-one  hun- 
dred and  ninety-five  of  the  Revised  Statutes. 

127.  Disposition  of  Redemption  Account.  Act  July  14,  1890. 
(§  6.)  That  upon  the  passage  of  this  act  the  balances  standing  with 
the  Treasurer  of  the  United  States  to  the  respective  credits  of  national 
banks  for  deposits  made  to  redeem  the  circulating  notes  of  such  banks, 
and  all  deposits  thereafter  received  for  like  purpose,  shall  be  covered 
into  the  Treasury  as  a  miscellaneous  receipt,  and  the  Treasurer  of  the 
United  States  shall  redeem  from  the  general  cash  in  the  Treasury  the 
circulating  notes  of  said  banks  which  may  come  into  his  possession  sub- 
ject to  redemption;  and  upon  the  certificate  of  the  Comptroller  of  the 
Currency  that  such  notes  have  been  received  by  him  and  that  they  have 
been  destroyed  and  that  no  new  notes  will  be  issued  in  their  place,  reim- 
bursement of  their  amount  shall  be  made  to  the  Treasurer,  under  such 
regulations  as  the  Secretary  of  the  Treasury  may  prescribe,  from  an 
appropriation  hereby  created,  to  be  known  as  "national  bank  notes; 
redemption  account,"  but  the  provisions  of  this  act  shall  not  apply 
to  the  deposits  received  under  section  three  of  the  act  of  June  twentieth, 
eighteen  himdred  and  seventy-four,  requiring  every  national  bank  to 
keep  in  lawful  money  with  the  Treasurer  of  the  United  States  a  sum 
equal  to  five  per  centum  of  its  circulation,  to  be  held  and  used  for  the 
redemption  of  its  circulating  notes;  and  the  balance  remaining  of  the 
deposits  so  covered  shall,  at  the  close  of  each  month,  be  reported  on  the 
monthly  public  debt  statement  as  debt  of  the  United  States  bearing  no 
interest. 

128.  Redemption  of  Lost  or  Stolen  Notes,  and  of  Notes  not  Prop- 
erly Signed.  Act  July  28,  1892.— That  the  provisions  of  the  Revised 
Statutes  of  the  United  States,  providing  for  the  redemption  of  national 
bank  notes,  shall  apply  to  all  national  bank  notes  that  have  been  or 
may  be  issued  to,  or  received  by,  any  national  bank,  notwithstanding 
such  notes  may  have  been  lost  by  or  stolen  from  the  bank  and  put  in 


300  hillyer's  legal  manual. 

circulation  without  the  signature  or  upon  the  forged  signature  of  the 
president  or  vice-president  and  cashier. 

129.  (§  5193.)     Repealed. 

130.  (§  5194.)     Superseded. 

131.  Place  for  Redemption  of  Circulating  Notes  to  be  Designated. — 
(§  5195.)  Each  a.^sociatiou  oryaiiized  in  any  of  the  cities  named  in  sec- 
tion fifty-one  hundred  and  ninety-one  shall  select,  subject  to  the  ap- 
proval of  the  Comptroller  of  the  Currency,  an  association  in  the  city 
of  New  York,  [at  which  it  will  redeem  its  circulating  notes  at  par;] 
and  may  keep  one-half  of  its  lawful  money  reserve  in  cash  deposits  in 
the  city  of  New  York.  [But  the  foregoing  provision  shall  not  apply  to 
associations  organized  and  located  in  the  city  of  San  Francisco  for  the 
purpose  of  issuing  notes  payable  in  gold.  Each  association  not  or- 
ganized within  the  cities  named  shall  select,  subject  to  the  approval  of 
the  Comptroller,  an  association  in  either  of  the  cities  named,  at  which 
it  will  redeem  its  circulating  notes  at  par.]  The  Comptroller  shall  give 
public  notice  of  the  names  of  the  associations  selected  [at  which  re- 
demptions are  to  be  made  by  the  respective  associations],  and  of  any 
change  that  may  be  made  of  the  association  [at  which  the  notes  of 
any  association  are  redeemed.  Whenever  any  association  fails  either 
to  make  the  selection  or  to  redeem  its  notes  as  aforesaid,  the  Comp- 
troller of  the  Currency  may  upon  receiving  satisfactory  evidence 
thereof  appoint  a  receiver,  in  the  manner  provided  for  in  section 
fifty-two  hundred  and  thirty-four,  to  wind  up  its  affairs.]  But  this 
section  shall  not  relieve  any  association  from  its  liability  to  redeem 
its  circulating  notes  at  its  own  counter,  at  par,  in  lawful  money  on 
demand. 

132.  National  Banks  not  Required  or  Permitted  to  Redeem  Their 
Circulating  Notes  Elsewhere  Than  at  Their  Own  Counters.  Act  June 
20,  1874. —  (§  3.)  .  .  .  .  And  provided,  further,  That  so  much  of  sec- 
tion thirty-two  (section  5195,  Revised  Statutes)  of  said  national  bank 
act  requiring  or  permitting  the  redemption  of  its  circulating  notes  else- 
where than  at  its  own  counter,  except  as  provided  for  in  this  section, 
is  hereby  repealed. 

133.  Additional  Central  Reserve  Cities.  Act  March  3,  1887.— 
(§2.)  That  whenever  three-fourths  in  number  of  the  national  banks 
located  in  any  city  of  the  United  States  having  a  population  of  two 
hundred  thousand  people  shall  make  application  to  the  Comptroller  of 
the  Currency,  in  writing,  asking  that  such  city  may  be  a  central  reserve 
city,  like  the  city  of  New  York,  in  which  one-half  of  the  lawful  money 
reserve  of  the  national  banks  located  in  other  reserve  cities  may  be  de- 
posited, as  provided  in  section  fifty-one  hundred  and  ninety-five  of  the 
Revised  Statutes,  the  Comptroller  shall  have  authority,  with  the  approval 
of  the  Secretary  of  the  Treasury,  to  grant  such  request,  and  every  bank 
located  in  such  city  shall  at  all  times  thereafter  have  on  hand,  in  lawful 
money  of  the  United  States,  twenty-five  per  centum  of  its  deposits,  as 
provided  in  section  fifty-one  hundred  and  ninety-one  of  the  Revised 
Statutes. 

134.  National  Banks  to  Take  Notes  of  Other  National  Banks  at 
Par. —  (§  5196.)     Every  national  banking  association  formed  or  exist- 


NATIONAL  BANK  ACT,  301 

ing  under  this  title,  shall  take  and  receive  at  par,  for  any  debt  or  lia- 
bility to  it,  any  and  all  notes  or  bills  issued  by  any  lawfully  organized 
national  banking  association.  But  this  provision  shall  not  apply  to  any 
association  organized  for  the  purpose  of  issuing  notes  payable  in  gold. 

135.  Limitation  upon  Rate  of  Interest  Which  may  be  Taken. — 
(§  5197.)  Any  association  may  take,  receive,  reserve,  and  charge  on 
any  loan  or  discount  made,  or  upon  any  note,  bill  of  exchange,  or  other 
evidences  of  debt,  interest  at  the  rate  allowed  by  the  laws  of  the  State, 
Territory,  or  District  where  the  bank  is  located,  and  no  more,  except  that 
where  by  the  law  of  any  State  a  different  rate  is  limited  for  banks  of 
issue  organized  under  State  laws,  the  rate  so  limited  shall  be  allowed 
for  associations  organized  or  existing  in  any  such  State  under  this  title. 
When  no  rate  is  fixed  by  the  laws  of  the  State,  or  Territory,  or  District, 
the  bank  may  take,  receive,  reserve  or  charge  a  rate  not  exceeding  seven 
per  centum,  and  such  interest  may  be  taken  in  advance,  reckoning  the 
days  for  which  the  note,  bill,  or  other  evidence  of  debt  has  to  run. 
And  the  purchase,  discount,  or  sale  of  a  bona  fide  bill  of  exchange,  pay- 
able at  another  place  than  the  place  of  such  purchase,  discount,  or  sale, 
at  not  more  than  the  current  rate  of  exchange  for  sight  drafts  in  addi- 
tion to  the  interest,  shall  not  be  considered  as  taking  or  receiving  a 
greater  rate  of  interest. 

136.  Penalty  for  Taking  Unlawful  Interests-Jurisdiction  of  Suits  by 
or  Against  National  Banks. — (§  5198.)  [As  amended  1875.]  The  tak- 
ing, receiving,  reserving,  or  charging  a  rate  of  interest  greater  than  is 
allow^ed  by  the  preceding  section,  when  knowingly  done,  shall  be  deemed 
a  forfeiture  of  the  entire  interest  which  the  note,  bill,  or  other  evidence 
of  debt  carries  with  it,  or  which  has  been  agreed  to  be  paid  thereon. 
In  case  the  greater  rate  of  interest  has  been  paid,  the  person  by  whom  it 
has  been  paid,  or  his  legal  representative,  may  recover  back,  in  an  action 
in  the  nature  of  an  action  of  debt,  the  amount  of  the  interest  thus 
paid  from  the  association  taking  or  receiving  the  same;  provided  such 
action  is  commenced  within  two  years  from  the  time  the  usurious  transac- 
tion occurred.  That  suits,  actions,  and  proceedings  against  any  asso- 
ciation under  this  title  may  be  had  in  any  circuit,  district,  or  territorial 
court  of  the  United  States  held  within  the  district  in  which  such  asso- 
ciation may  be  established,  or  in  any  State,  county,  or  municipal  court 
in  the  county  or  city  in  which  said  association  is  located  having  juris- 
diction in  similar  cases. 

137.  Dividends. — (§  5199.)  The  directors  of  any  association  may, 
semi-annually,  declare  a  dividend  of  so  much  of  the  net  profits  of  the 
association  as  they  shall  judge  expedient;  but  each  association  shall,  be- 
fore the  declaration  of  a  dividend,  carry  one-tenth  part  of  its  net  profits 
of  the  preceding  half  year  to  its  surplus  fund  until  the  same  shall  amount 
to  twenty  per  centum  of  its  capital  stock. 

138.  Limitation  of  Liabilities  Which  may  be  Incurred  by  Any  One 
Person,  Company,  etc. — (§5200.)  [As  amended  1906.]  The  total  lia- 
bilities to  any  association,  of  anj^  person,  or  of  any  company,  corpora- 
tion, or  firm  for  money  borrowed,  including  in  the  liabilities  of  a  com- 
pany or  firm  the  liabilities  of  the  several  members  thereof,  shall  at  no 
time  exceed  one-tenth  part  of  the  amount  of  the  capital  stock  of  such 


302 

associations,  actually  paid  in  and  unimpaired,  and  one-tenth  part  of  its 
unimpaired  surplus  fund:  Provided,  however,  That  the  total  of  such 
liabilities  shall  in  no  event  exceed  thirty  per  centum  of  the  capital  stock 
of  the  association.  But  the  discount  of  bills  of  exchange  drawn  in  good 
faith  against  actually  existing  values,  and  the  discount  of  commercial 
or  business  paper  actually  owned  by  the  person  negotiating  the  same 
shall  not  be  considered  as  money  borrowed. 

139.  Associations  must  not  Loan  on  or  Purchase  Their  Own  Stock. 
(§  5201.)  No  association  shall  make  any  loan  or  discount  on  the  se- 
curity of  the  shares  of  its  own  capital  stock,  nor  be  the  purchaser  or 
holder  of  any  such  shares,  unless  such  security  or  purchase  shall  be 
necessary  to  prevent  loss  upon  a  debt  previously  contracted  in  good  faith ; 
and  stock  so  purchased  or  acquired  shall,  within  six  months  from  the 
time  of  its  purchase,  be  sold  or  disposed  of  at  public  or  private  sale; 
or,  in  default  thereof,  a  receiver  may  be  appointed  to  close  up  the  busi- 
ness of  the  association,  according  to  section  fifty-two  hundred  and 
thirty-four. 

140.  Restriction  on  Bank's  Indebtedness. — (§  5202.)  No  national 
banking  association  shall  at  any  time  be  indebted,  or  in  any  way  liable, 
to  an  amount  exceeding  the  amount  of  its  capital  stock  at  such  time 
actually  paid  in  and  remaining  undiminished  by  losses  or  otherwise, 
except  on  account  of  demands  of  the  nature  following : 

First.     Notes  of  circulation. 

Second.     Moneys  deposited  with  or  collected  by  the  association. 

Third.  Bills  of  exchange  or  drafts  drawn  against  money  actually  on 
deposit  to  the  credit  of  the  association,  or  due  thereto. 

Fourth.  Liabilities  to  the  stockholders  of  the  association  for  divi- 
dends and  reserve  profits. 

Fifth.  Liabilities  incurred  under  the  provisions  of  the  Federal 
Reserve  Act. 

The  rediscount  by  any  Federal  reserve  bank  of  any  bills  receivable 
and  of  domestic  and  foreign  bills  of  exchange,  and  of  acceptances 
authorized  by  this  act,  shall  be  subject  to  such  restrictions,  limitations, 
and  regulations  as  may  be  imposed  by  the  Federal  Reserve  Board. 

141.  Restriction  upon  Use  of  Circulating  Notes. — (§  5203.)  No  as- 
sociation shall,  either  directly  or  indirectly,  pledge  or  hypothecate  any 
of  its  notes  or  circulation,  for  the  purpose  of  procuring  money  to  be  paid 
in  on  its  capital  stock,  or  to  be  used  in  its  banking  operations,  or  other- 
wise; nor  shall  any  association  use  its  circulating  notes,  or  any  part 
thereof,  in  any  manner  or  form,  to  create  or  increase  its  capital  stock. 

142.  Prohibition  upon  Withdrawal  of  Capital— Unearned  Divi- 
dends Prohibited. — (§  5204.)  No  association,  or  any  member  thereof, 
shall,  during  the  time  it  shall  continue  its  banking  operations,  withdraw, 
or  permit  to  be  withdrawn,  either  in  the  form  of  dividends  or  otherwise, 
any  portion  of  its  capital.  If  losses  have  at  any  time  been  sustained  by 
any  such  association,  equal  to  or  exceeding  its  undivided  profits  then  on 
hand,  no  dividend  shall  be  made ;  and  no  dividend  shall  ever  be  made 
by  any  association,  while  it  continues  its  banking  operations,  to  an 
amount  greater  than  its  net  profits  then  on  hand,  deducting  therefrom 


NATIONAL  BANK  ACT,  303 

its  losses  and  bad  debts.  All  debts  due  to  any  association,  on  which 
interest  is  past  due  and  unpaid  for  a  period  of  six  months,  unless  the 
same  are  well  secured,  and  in  process  of  collection,  shall  be  considered 
bad  debts  within  the  meaning  of  this  section.  But  nothing  in  this  sec- 
tion shall  prevent  the  reduction  of  the  capital  stock  of  the  association 
under  section  5143. 

143.  Assessment  for  Failure  to  Pay  Up  Capital  Stock  or  for  Impair- 
ment of  Capital. — (§  5205.)  [As  amended  1876.]  Every  association 
which  shall  have  failed  to  pay  up  its  capital  stock,  as  required  by  law, 
and  every  association  whose  capital  stock  shall  have  become  impaired 
by  losses  or  otherwise,  shall,  within  three  months  after  receiving  notice 
thereof  from  the  Comptroller  of  the  Currency,  pay  the  deficiency  in  the 
capital  stock,  by  assessment  upon  the  shareholders  pro  rata  for  the 
amount  of  capital  stock  held  by  each ;  and"  the  Treasurer  of  the  United 
States  shall  withhold  the  interest  upon  all  bonds  held  by  him  in  trust 
for  any  such  association,  upon  notification  from  the  Comptroller  of  the 
Currency,  until  otherwise  notified  by  him.  If  any  such  association  shall 
fail  to  pay  up  its  capital  stock,  and  shall  refuse  to  go  into  liquidation, 
as  provided  by  law,  for  three  months  after  receiving  notice  from  the 
Comptroller,  a  receiver  may  be  appointed  to  close  up  the  business  of 
the  association,  according  to  the  provisions  of  section  5234:  And  pro- 
vided, That  if  any  shareholder  or  shareholders  of  such  bank  shall  neglect 
or  refuse,  after  three  months'  notice,  to  pay  the  association,  as  provided 
in  this  section,  it  shall  be  the  duty  of  the  board  of  directors  to  cause  a 
sufficient  amount  of  the  capital  stock  of  such  shareholder  or  shareholders 
to  be  sold  at  public  auction  (after  thirty  days'  notice  shall  be  given  by 
posting  such  notice  of  sale  in  the  office  of  the  bank,  and  by  publishing 
such  notice  in  a  newspaper  of  the  city  or  town  in  which  the  bank  is 
located,  or  in  a  newspaper  published  nearest  thereto)  to  make  good  the 
deficiency,  and  the  balance,  if  any,  shall  be  returned  to  such  delinquent 
shareholder  or  shareholders. 

144.  Prohibition  Aguinst  Uncurrent  Notes. — (§  5206.)  No  associa- 
tion shall  at  any  time  pay  out  on  loans  or  discounts,  or  in  purchasing 
drafts  or  bills  of  exchange,  or  in  payment  of  deposits,  or  in  any  other 
mode  pay  or  put  in  circulation,  the  notes  of  any  bank  or  banking  associa- 
tion which  are  not,  at  any  such  time,  receivable,  at  par,  on  deposit,  and 
in  payment  of  debts  by  the  association  so  paying  out  or  circulating  such 
notes;  nor  shall  any  association  knowingly  pay  out  or  put  in  circulation 
any  notes  issued  by  any  bank  or  banking  association  which  at  the  time 
of  such  paying  out  or  putting  in  circulation  is  not  redeeming  its  circu- 
lating notes  in  lawful  money  of  the  United  States. 

145.  United  States  Notes  not  to  be  Held  as  Collateral.— (§  5207.) 
No  association  shall  hereafter  offer  or  receive  United  States  notes  or 
national  bank  notes  as  security  or  as  collateral  security  for  any  loan 
of  money,  or  for  a  consideration  agree  to  withhold  the  same  from  use, 
or  offer  or  receive  the  custody  or  promise  of  custody  of  such  notes  as 
security,  or  as  collateral  security,  or  consideration  for  any  loan  of  money. 
Any  association  offending  against  the  provisions  of  this  section  shall  be 


304  iiillyer's  legal  manual. 

deemed  pfiiilty  of  a  misdemeanor,  and  shall  be  fined  not  more  than  one 
thousand  doHars  and  a  furtlier  sum  equal  to  one-third  of  the  money  so 
loaned.  The  officer  or  officers  of  any  association  who  shall  make  any 
such  loan  shall  be  liable  for  a  further  sum  equal  to  one-quarter  of  the 
money  loaned;  and  any  fine  or  penalty  incurred  by  a  violation  of  this 
section  shall  be  recoverable  for  the  benefit  of  the  party  bringing  such 
suit. 

146.  Issue  of  Gold  Certificates.  Act  July  12,  1882.— (§  12.)  That 
the  Secretary  of  the  Treasury  is  authorized  and  directed  to  receive  de- 
posits of   gold   coin  ....  and   issue   certificates   therefor Said 

certificates  ....  when  held  by  any  national  banking  association,  shall 
be  counted  as  part  of  its  lawful  reserve;  and  no  national  banking  asso- 
ciation shall  be  a  member  of  any  clearing-house  in  which  such  certifi- 
cates shall  not  be  receivable  in  the  settlement  of  clearing-house  balances : 
....  And  the  provisions  of  section  5207  of  the  Revised  Statutes  shall 
be  applicable  to  the  certificates  herein  authorized  and  directed  to  be 
issued. 

147.  Penalty  for  Falsely  Certifying  Checks.— (§  5208.)  It  shall  be 
unlawful  for  any  officer,  clerk,  or  agent  of  any  national  banking  asso- 
ciation to  certify  any  check  drawn  upon  the  association  unless  the  per- 
son or  company  drawling  the  check  has  on  deposit  with  the  association, 
at  the  time  such  check  is  certified,  an  amount  of  money  equal  to  the 
amount  specified  in  such  check.  Any  check  so  certified  by  duly  author- 
ized officers  shall  be  a  good  and  valid  obligation  against  the  association; 
but  the  act  of  any  officer,  clerk,  or  agent  of  any  association,  in  violation 
of  this  section,  shall  subject  such  bank  to  the  liabilities  and  proceedings 
on  the  part  of  the  Comptroller  as  provided  for  in  section  5234. 

148.  Punishment  for  Falsely  Certifying  Checks.  Act  July  12, 
1882. —  (§  13.)  That  any  officer,  clerk,  or  agent  of  any  national  bank- 
ing association  w^ho  shall  willfully  violate  the  provisions  of  an  act  en- 
titled "An  act  in  reference  to  certifying  checks  by  national  banks, '^ 
approved  March  3,  eighteen  hundred  and  sixty-nine,  being  section  5208 
of  the  Revised  Statutes  of  the  United  States,  or  who  shall  resort  to  any 
device,  or  receive  any  fictitious  obligation,  direct  or  collateral,  in  order 
to  evade  the  provisions  thereof,  or  w^ho  shall  certify  checks  before  the 
amount  thereof  shall  have  been  regularly  entered  to  the  credit  of  the 
dealer  upon  the  books  of  the  banking  association,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall,  on  conviction  thereof  in  any  circuit  or 
district  court  of  the  United  States,  be  fined  not  more  than  five  thousand 
dollars,  or  shall  be  imprisoned  not  more  than  five  years,  or  both,  in  the 
discretion  of  the  court. 

149.  Penalty  for  Embezzlement,  Abstraction,  Willful  Misapplication, 
False  Entries,  etc.— (§  5209.)  Every  president,  director,  cashier, 
teller,  clerk,  or  agent  of  any  association,  who  embezzles,  abstracts,  or 
willfully  misapplies  any  of  the  moneys,  funds,  or  credits  of  the  associa- 
tion; or  who,  without  authority  from  the  directors,  issues  or  puts  in 


NATIONAL  BANK  ACT.  305 

circulation  any  of  the  notes  of  the  association ;  or  who,  without  such  au- 
thority, issues  or  puts  forth  any  certificate  of  deposit,  draws  any  order 
or  bill  of  exchange,  makes  any  acceptance,  assigns  any  note,  bond,  draft, 
bill  of  exchange,  mortgage,  judgment,  or  decree ;  or  who  makes  any  false 
entry  in  any  book,  report,  or  statement  of  the  association,  with  intent,  in 
either  case,  to  injure  or  defraud  the  asusociation  or  any  other  company, 
body  politic  or  corporate,  or  any  individual  person,  or  to  deceive  any 
officer  of  the  association,  or  any  agent  appointed  to  examine  the  affairs 
of  any  such  association ;  and  every  person  who  with  like  intent  aids  or 
abets  any  officer,  clerk,  or  agent  in  any  violation  of  this  section,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall  be  imprisoned  not  less 
than  five  years  nor  more  than  ten. 

150.  National  Banks  not  Permitted  to  Make  Contributions  in  Con- 
nection With  Election  to  Political  Office.  Act  January  26,  1907.— That 
it  shall  be  unlawful  for  any  national  bank,  or  any  corporation  organ- 
ized b}^  authority  of  any  laws  of  Congress,  to  make  a  money  contribution 
in  connection  with  any  election  to  any  political  office.  It  shall  also  be 
unlawful  for  any  corporation  whatever  to  make  a  money  contribution 
in  connection  with  any  election  at  which  Presidential  and  Vice-Presi- 
dential electors  or  a  Representative  in  Congress  is  to  be  voted  for.  or 
any  election  by  any  State  legislature  of  a  United  States  Senator.  Every 
corporation  which  shall  make  any  contribution  in  violation  of  the  fore- 
going provisions  shall  be  subject  to  a  fine  not  exceeding  five  thousand 
dollars,  and  every  officer  or  director  of  any  corporation  who  shall  con- 
sent to  any  contribution  by  the  corporation  in  violation  of  the  foregoing 
provisions  shall  upon  conviction  be  punished  by  a  fine  of  not  exceeding 
one  thousand  and  not  less  than  two  hundred  and  fifty  dollars,  or  by  im- 
prisonment for  a  term  of  not  more  than  one  year,  or  both  such  fine  and 
imprisonment  in  the  discretion  of  the  court. 

151.  List  of  Shareholders. — (§  5210.)  The  president  and  cashier  of 
every  national  banking  association  shall  cause  to  be  kept  at  all  times 
a  full  and  correct  list  of  the  names  and  residences  of  all  the  shareholders 
in  the  association,  and  the  number  of  shares  held  by  each,  in  the  office 
where  its  business  is  transacted.  Such  list  shall  be  subject  to  the  in- 
spection of  all  the  shareholders  and  creditors  of  the  association,  and  the 
officers  authorized  to  assess  taxes  under  State  authority,  during  business 
hours  of  each  day  in  which  business  may  be  legally  transacted.  A  copy 
of  such  list,  on  the  first  Monday  of  July  of  each  year,  verified  by  the 
oath  of  such  president  or  cashier,  shall  be  transmitted  to  the  Comptroller 
of  the  Currency. 

153.  Reports  to  Comptroller  of  the  Currency. — (§  5211.)  [As 
amended  1877.]  Every  association  shall  make  to  the  Comptroller  of  the 
Currency  not  less  than  five  reports  during  each  year,  according  to  the 
form  which  may  be  prescribed  by  him,  verified  by  the  oath  or  affirma- 
tion of  the  president  or  cashier  of  such  association,  and  attested  by  the 
signature  of  at  least  three  of  the  directors.  Each  such  report  shall  ex- 
hibit, in  detail  and  under  appropriate  heads,  the  resources  and  liabilities 
20 


306 

of  the  association  at  the  close  of  business  on  any  ipast  day  by  him  speci- 
fied; and  shall  be  transmitted  to  the  Comptroller  within  five  days  after 
the  receipt  of  a  request  or  requisition  therefor  from  him,  and  in  the 
same  form  in  whieh  it  is  made  to  the  Comptroller  shall  be  published  in 
a  newspaper  published  in  the  place  where  such  association  is  established, 
or  if  there  is  no  newspaper  in  the  place,  then  in  the  one  published 
nearest  thereto  in  the  same  county,  at  the  expense  of  the  association; 
and  such  proof  of  publication  shall  be  furnished  as  may  be  required  by 
the  Comptroller.  The  Comptroller  shall  also  have  power  to  call  for 
special  reports  from  any  particular  association  whenever  in  his  judg- 
ment the  same  are  necessary  in  order  to  a  full  and  complete  knowledge 
of  its  condition. 

153.  Verification  of  Reports.  Act  February  26,  1881.— That  the 
oath  or  affirmation  required  by  section  5211  of  the  Revised  Statutes, 
verifying  the  returns  made  by  national  banks  to  the  Comptroller  of  the 
Currency,  when  taken  before  a  notary  public  properly  authorized  and 
commissioned  by  the  State  in  which  such  notary  resides  and  the  bank 
is  located,  or  any  other  officer  having  an  official  seal,  authorized  in  such 
State  to  administer  oaths,  shall  be  a  sufficient  verification  as  contem- 
plated by  said  section  5211 :  Provided,  That  the  officer  administering  the 
oath  is  not  an  officer  of  the  bank. 

154.  Report  of  Dividends. — (§  5212.)  In  addition  to  the  reports 
required  by  the  preceding  section,  each  association  shall  report  to  the 
Comptroller  of  the  Currencj'-,  within  ten  days  after  declaring  any  divi- 
dend, the  amount  of  such  dividend,  and  the  amount  of  net  earnings 
in  excess  of  such  dividend.  Such  reports  shall  be  attested  by  the  oath 
of  the  president  or  cashier  of  the  association. 

155.  Penalty  for  Failure  to  Make  Reports. — (§  5213.)  Every  asso- 
ciation which  fails  to  make  and  transmit  any  report  required  under 
either  of  the  two  preceding  sections  shall  be  subject  to  a  penalty  of 
one  hundred  dollars  for  each  day  after  the  periods,  respectively, 
therein  mentioned,  that  it  delays  to  make  and  transmit  its  report. 
Whenever  any  association  delays  or  refuses  to  pay  the  penalty  herein 
imposed,  after  it  has  been  assessed  by  the  Comptroller  of  the  Currency, 
the  amount  thereof  may  be  retained  by  the  Treasurer  of  the  United 
States,  upon  the  order  of  the  Comptroller  of  the  Currency,  out  of  the 
interest,  as  it  may  become  due  to  the  association,  on  the  bonds  de- 
posited with  him  to  secure  circulation.  All  sums  of  money  collected 
for  penalties  under  this  section  shall  be  paid  into  the  Treasury  of  the 
United  States. 

156.  Taxes  Payable  to  the  United  States. — (§  5214.)  [As  amended 
May  30,  1908.]  National  banking  associations  having  on  deposit  bonds 
of  the  United  States,  bearing  interest  at  the  rate  of  tw^o  per  centum 
per  annum,  including  the  bonds  issued  for  the  construction  of  the 
Panama  Canal,  under  the  provisions  of  section  8  of  "An  act  to  pro- 
vide for  the  construction  of  a  canal  connecting  the  waters  of  the 


NATIONAL  BANK  ACT.  307 

Atlantic  and  Pacific  oceans,"  approved  June  twenty-eighth,  nineteen 
hundred  and  two,  to  secure  its  circulating  notes,  shall  pay  to  the  Treas- 
urer of  the  United  States,  in  the  months  of  January  and  July,  a  tax  of 
one-fourth  of  one  per  centum  each  half  year  upon  the  average  amount 
of  such  of  its  notes  in  circulation  as  are  based  upon  the  deposit  of 
such  bonds;  and  such  associations  having  on  deposit  bonds  of  the 
United  States  bearing  interest  at  a  rate  higher  than  two  per  centum 
per  annum  shall  pay  a  tax  of  one-half  of  one  per  centum  each  half  year 
upon  the  average  amount  of  such  of  its  notes  in  circulation  as  are 
based  upon  the  deposit  of  such  bonds.  National  banking  associations 
having  circulating  notes  secured  otherwise  than  by  bonds  of  the  United 
States  shall  pay  for  the  first  month  a  tax  at  the  rate  of  five  per  centum 
per  annum  upon  the  average  amount  of  such  of  their  notes  in  circula- 
tion as  are  based  upon  the  deposit  of  such  securities,  and  afterwards 
an  additional  tax  of  one  per  centum  per  annum  for  each  month  until 
a  tax  of  ten  per  centum  per  annum  is  reached,  and  thereafter  such  tax 
of  ten  per  centum  per  annum,  upon  the  average  amount  of  such  notes. 
Every  national  banking  association  having  outstanding  circulating 
notes  secured  by  a  deposit  of  other  securities  than  United  States  bonds 
shall  make  monthly  returns,  under  oath  of  its  president  or  cashier,  to 
the  Treasurer  of  the  United  States,  in  such  form  as  the  Treasurer  may 
prescribe,  of  the  average  monthly  amount  of  its  notes  so  secured  in 
circulation;  and  it  shall  be  the  duty  of  the  Comptroller  of  the  Cur- 
rency to  cause  such  reports  of  notes  in  circulation  to  be  verified  by 
examination  of  the  banks'  records.  The  taxes  received  on  circulating 
notes  secured  otherwise  than  by  bonds  of  the  United  States  shall  be 
paid  into  the  Division  of  Redemption  of  the  Treasury  and  credited  and 
added  to  the  reserve  fund  held  for  the  redemption  of  the  United  States 
and  other  notes. 

157.  Half-yearly  Return  of  Circulation  [Deposits  and  Capital  Stock] . 
(§  5215.)  In  order  to  enable  the  Treasurer  to  assess  the  duties  im- 
posed by  the  preceding  section,  each  association  shall,  within  ten  days 
from  the  first  days  of  January  and  July  of  each  year,  make  a  return, 
under  the  oath  of  its  president  or  cashier,  to  the  Treasurer  of  the 
United  States,  in  such  form  as  the  Treasurer  may  prescribe,  of  the 
average  amount  of  its  notes  in  circulation  [and  of  the  average  amount 
of  its  deposits,  and  of  the  average  amount  of  its  capital  stock,  beyond 
the  amount  invested  in  United  States  bonds]  for  the  six  months  next 
preceding  the  most  recent  first  day  of  January  or  July.  Every  asso- 
ciation which  fails  so  to  make  such  return  shall  be  liable  to  a  penalty 
of  two  hundred  dollars,  to  be  collected  either  out  of  the  interest  as  it 
may  become  due  such  association  on  the  bonds  deposited  with  the 
Treasurer,  or,  at  his  option  in  the  manner  in  which  penalties  are  to  be 
collected  of  other  corporations  under  the  laws  of  the  United  States. 

158.  Penalty  for  Failure  to  Make  Return.— (§  5216.)  Whenever 
any  association  fails  to  make  the  half-yearly  return  required  by  the 
preceding  section,  the  duties  to  be  paid  by  such  association  shall  be 


308  hillyer's  legal  manual. 

assessed  upon  the  amount  of  notes  delivered  to  such  association  by  the 
Comptroller  of  the  Currency  [and  upon  the  highest  amount  of  its  de- 
posits and  capital  stock,  to  be  ascertained  in  such  manner  as  the  Treas- 
urer may  deem  best]. 

159.  Enforcing  Tax  on  Circulation. — (§  5217.)  Whenever  an  asso- 
ciation fails  to  pay  the  duties  imposed  by  the  three  preceding  sec- 
tions, the  sums  due  may  be  collected  in  the  manner  provided  for  the 
collection  of  United  States  taxes  from  other  corporations ;  or  the  Treas- 
urer may  reserve  the  amount  out  of  the  interest,  as  it  may  become  due, 
on  the  bonds  deposited  with  him  by  such  defaulting  association. 

160.  Refunding  Excess  Tax. —  (§  5218.)  In  all  cases  where  an  as- 
sociation has  paid  or  ma}^  pay  in  excess  of  what  may  be  or  has  been 
found  due  from  it,  on  account  of  the  duty  required  to  be  paid  to  the 
Treasurer  of  the  United  States,  the  association  may  state  an  account 
therefor,  which,  on  being  certified  by  the  Treasurer  of  the  United 
States,  and  found  correct  by  the  First  Comptroller  of  the  Treasury, 
shall  be  refunded  in  the  ordinary  manner  by  warrant  on  the  Treasury. 

161.  No  Tax  to  be  Paid  by  Insolvent  Banks.  Act  March  1,  1879.— 
(§  22.)  That  whenever  and  after  any  bank  has  ceased  to  do  business 
by  reason  of  insolvency  or  bankruptcy,  no  tax  shall  be  assessed  or  col- 
lected, or  paid  into  the  Treasury  of  the  United  States,  on  account  of 
such  bank,  which  shall  diminish  the  assets  thereof  necessary  for  the 
full  payment  of  all  its  depositors;  and  such  tax  shall  be  abated  from 
such  national  banks  as  are  found  by  the  Comptroller  of  the  Currency 
to  be  insolvent. 

162.  State  Taxation.— (§  5219.)  Nothing  herein  shall  prevent  all 
the  shares  in  any  association  from  being  included  in  the  valuation  of 
the  personal  property  of  the  owner  or  holder  of  such  shares,  in  assess- 
ing taxes  imposed  by  authority  of  the  State  within  which  the  associa- 
tion is  located;  but  the  legislature  of  each  State  may  determine  and 
direct  the  manner  and  place  of  taxing  all  the  shares  of  national  bank- 
ing associations  located  within  the  State,  subject  only  to  the  two  re- 
strictions, that  the  taxation  shall  not  be  at  a  greater  rate  than  is 
assessed  upon  other  moneyed  capital  in  the  hands  of  individual  citizens 
of  such  State,  and  that  the  shares  of  any  national  banking  association 
owned  by  nonresidents  of  any  State  shall  be  taxed  in  the  city  or  town 
where  the  bank  is  located,  and  not  elsewhere.  Nothing  herein  shall 
be  construed  to  exempt  the  real  property  of  associations  from  either 
State,  county,  or  municipal  taxes,  to  the  same  extent,  according  to  its 
value,  as  other  real  property  is  taxed. 

CHAPTER  V. 

Dissolution  and  Receivership. 

163.  Two-thirds  Vote  Required  for  Liquidation. — (§  5220.)  Any 
association  may  go  into  liquidation  and  be  closed  by  the  vote  of  its 
shareholders  owning  two-thirds  of  its  stock. 


NATIONAL  BxVNK  ACT.  309 

164.  Notice  of  Voluntary  Liquidation. —  (§  5221.)  Whenever  a 
vote  is  taken  to  go  into  liquidation  it  shall  be  the  duty  of  the  board 
of  directors  to  cause  notice  of  this  fact  to  be  certified,  under  the  seal 
of  the  association,  by  its  president  or  cashier,  to  the  Comptroller  of 
the  Currency,  and  publication  thereof  to  be  made  for  a  period  of  two 
months  in  a  newspaper  published  in  the  city  of  New  York,  and  also  in 
a  newspaper  published  in  the  city  or  town  in  which  the  association  is 
located,  or  if  no  newspaper  is  there  published,  then  in  the  newspaper 
published  nearest  thereto,  that  the  association  is  closing  up  its  affairs, 
and  notifying  the  holders  of  its  notes  and  other  creditors  to  present 
the  notes  and  other  claims  against  the  association  for  payment. 

165.  Deposit  of  Lawful  Money  to  Redeem  Circulation. — (§  5222.) 
Within  six  months  from  the  date  of  the  vote  to  go  into  liquidation, 
the  association  shall  deposit  with  the  Treasurer  of  the  United  States, 
lawful  money  of  the  United  States  sufficient  to  redeem  all  its  outstand- 
ing circulation.  The  Treasurer  shall  execute  duplicate  receipts  for 
money  thus  deposited,  and  deliver  one  to  the  association  and  the  other 
to  the  Comptroller  of  the  Currency,  stating  the  amount  received  by 
him,  and  the  purpose  for  which  it  has  been  received;  and  the  money 
shall  be  paid  into  the  Treasury  of  the  United  States,  and  placed  to  the 
credit  of  such  association  upon  redemption  accoimt. 

166.  No  Deposit  Required  for  Consolidation. — (§  5223.)  An  asso- 
ciation which  is  in  good  faith  winding  up  its  business  for  the  purpose 
of  consolidating  with  another  association  shall  not  be  required  to  de- 
posit lawful  money  for  its  outstanding  circulation;  but  its  assets  and 
liabilities  shall  be  reported  by  the  association  with  which  it  is  in  process 
of  consolidation. 

167.  Reassignment  of  Bonds  and  Redemption  of  Notes  of  Liquidat- 
ing Banks. — (§  5224.)  [As  amended  1875.]  Whenever  a  sufficient  de- 
posit of  lawful  money  to  redeem  the  outstanding  circulation  of  an 
association  proposing  to  close  its  business  has  been  made,  the  bonds 
deposited  by  the  association  to  secure  payment  of  its  notes  shall  be  re- 
assigned to  it,  in  the  manner  prescribed  by  section  5162.  And  there- 
after the  association  and  its  shareholders  shall  stand  discharged  from 
all  liabilities  upon  the  circulating  notes,  and  those  notes  shall  be  re- 
deemed at  the  Treasury  of  the  United  States.  And  if  any  such  bank 
shall  fail  to  make  the  deposit  and  take  up  its  bonds  thirty  days  after 
the  expiration  of  the  time  specified,  the  Comptroller  of  the  Currency 
shall  have  power  to  sell  the  bonds  pledged  for  the  circulation  of  said 
bank,  at  public  auction  in  New  York  City,  and,  after  providing  for 
the  redemption  and  cancellation  of  said  circulation,  and  the  necessary 
expenses  of  the  sale,  to  pay  over  any  balance  remaining  to  the  bank 
or  its  legal  representatives. 

168.  Duty  of  Treasurer,  Assistant  Treasurers,  etc.,  to  Return  Notes 
of  Failed  or  Liquidating  Banks  to  Treasury  for  Redemption.  Act 
June  20,  1874.— (§  8.)     And  it  shall  be  the  duty  of  the  Treasurer,  as- 


310  HILLYER^S  LEGAL   MANUAL. 

sistant  treasurers,  designated  depositaries,  and  national  bank  deposi- 
taries of  the  United  States  to  assort  and  return  to  the  Treasury  for 
redemption  the  notes  of  such  national  banks  as  have  failed,  or  gone 
into  voluntary  liquidation  for  the  purpose  of  winding  up  their  affairs, 
and  of  such  as  shall  hereafter  so  fail  or  go  into  liquidation. 

1<)9.  Destruction  of  Redeemed  Notes. — (§  5225.)  [As  amended 
1877.]  Whenever  the  Treasurer  has  redeemed  any  of  the  notes  of  an 
association  which  has  commenced  to  close  its  affairs,  under  the  five  pre- 
ceding sections,  he  shall  cause  the  notes  to  be  mutilated  and  charged  to 
the  redemption  account  of  the  association;  and  all  notes  so  redeemed 
by  the  Treasurer  shall,  every  three  months,  be  certified  to  and  [burned] 
in  the  manner  prescribed  in  section  5184. 

170.  Protest  of  Bank  Circulation. — (§  5226.)  Whenever  any  na- 
tional banking  association  fails  to  redeem  in  the  lawful  money  of  the 
United  States  any  of  its  circulating  notes,  upon  demand  of  payment 
duly  made  during  the  usual  hours  of  business,  at  the  office  of  such  as- 
sociation, or  at  its  designated  place  of  redemption,  the  holder  may 
cause  the  same  to  be  protested,  in  one  package,  by  a  notary  public, 
unless  the  president  or  cashier  of  the  association  whose  notes  are  pre- 
sented for  payment  [or  the  president  or  cashier  of  the  association  at 
the  place  at  which  they  are  redeemable]  offers  to  waive  demand  and 
notice  of  the  protest,  and,  in  pursuance  of  such  offer,  makes,  signs,  and 
delivers  to  the  party  making  such  demand  an  admission  in  writing, 
stating  the  time  of  the  demand,  the  amount  demanded,  and  the  fact 
of  the  nonpayment  thereof.  The  notary  public,  on  making  such  pro- 
test, or  upon  receiving  such  admission,  shall  forthwith  forward  such 
admission  or  notice  of  protest  to  the  Comptroller  of  the  Currency,  re- 
taining a  copy  thereof.  If,  however,  satisfactory  proof  is  produced 
to  the  notary  public  that  the  payment  of  the  notes  demanded  is  re- 
strained by  order  of  any  court  of  competent  jurisdiction,  he  shall  not 
protest  the  same.  When  the  holder  of  any  notes  causes  more  than  one 
note  or  package  to  be  protested  on  the  same  day,  he  shall  not  receive 
pay  for  more  than  one  protest. 

171.  Bonds  Forfeited  if  Circulation  is  Dishonored — Examination 
by  Special  Agent. — (§  5227.)  On  receiving  notice  that  any  national 
banking  association  has  failed  to  redeem  any  of  its  circulating  notes, 
as  specified  in  the  preceding  section,  the  Comptroller  of  the  Currency, 
with  the  concurrence  of  the  Secretary  of  the  Treasury,  may  appoint 
a  special  agent,  of  whose  appointment  immediate  notice  shall  be  given 
to  such  association,  who  shall  immediately  proceed  to  ascertain  whether 
it  has  refused  to  pay  its  circulating  notes  in  the  lawful  money  of  the 
United  States,  when  demanded,  and  shall  report  to  the  Comptroller 
the  f«act  so  ascertained.  If,  from  such  protest,  and  the  report  so  made, 
the  Comptroller  is  satisfied  that  such  association  has  refused  to  pay 
its  circulating  notes  and  is  in  default,  he  shall,  within  thirty  days  after 
he  has  received  notice  of  such  failure,  declare  the  bonds  deposited  by 


NATIONAL  BANK  ACT.  311 

such  association  forfeited  to  the  United  States,  and  they  shall  there- 
upon be  so  forfeited. 

172.  Suspension  of  Business  After  Default. — (§  5228.)  [As  amended 
187'5.]  After  a  default  on  the  part  of  an  association  to  pay  any  of  its 
circulating  notes  has  been  ascertained  by  the  Comptroller,  and  notice 
thereof  has  been  given  by  him  to  the  association,  it  shall  not  be  lawful 
for  the  association  suffering  the  same  to  pay  out  any  of  its  notes,  dis- 
count any  notes  or  bills,  or  otherwise  prosecute  the  business  of  bank- 
ing, except  to  receive  and  safely  keep  money  belonging  to  it,  and  to 
deliver  special  deposits. 

173.  Notice  to  Present  Circulation  for  Redemption — Cancellation 
of  Bonds. — (§  5229.)  Immediately  upon  declaring  the  bonds  of  an  as- 
sociation forfeited  for  nonpayment  of  its  notes,  the  Comptroller  shall 
give  notice,  in  such  manner  as  the  Secretary  of  the  Treasury  shall,  by 
general  rules  or  otherwise,  direct,  to  the  holders  of  the  circulating 
notes  of  such  association,  to  present  them  for  payment  at  the  Treasury 
of  the  United  States ;  and  the  same  shall  be  paid  as  presented  in  lawful 
money  of  the  United  States;  whereupon  the  Comptroller  may,  in  his 
discretion,  cancel  an  amount  of  bonds  pledged  by  such  association  equal 
at  current  market  rates,  not  exceeding  par,  to  the  notes  paid. 

174.  Sale  of  Bonds  at  Auction — First  Lien  for  Redeeming  Circula- 
tion.— (§  5230.)  Whenever  the  Comptroller  has  become  satisfied,  by 
the  protest  or  the  waiver  and  admission  specified  in  section  5226,  or 
by  the  report  provided  for  in  section  5227,  that  any  association  has  re- 
fused to  pay  its  circulating  notes,  he  may,  instead  of  canceling  its 
bonds,  cause  so  much  of  them  as  may  be  necessary  to  redeem  its  out- 
standing notes  to  be  sold  at  public  auction  in  the  city  of  New  York, 
after  giving  thirty  days'  notice  of  such  sale  to  the  association.  For 
any  deficiency  in  the  proceeds  of  all  the  bonds  of  an  association,  when 
thus  sold,  to  reimburse  to  the  United  States  the  amount  expended  in 
paying  the  circulating  notes  of  the  association,  the  United  States  shall 
have  a  paramount  lien  upon  all  its  assets ;  and  such  deficiency  shall  be 
made  good  out  of  such  assets  in  preference  to  any  and  all  other  claims 
whatsoever,  except  the  necessary  costs  and  expenses  of  administering 
the  same. 

175.  Bonds  may  be  Sold  at  Private  Sale.— (§  5231.)  The  Comp- 
troller may,  if  he  deems  it  for  the  interest  of  the  United  States,  sell 
at  private  sale  any  of  the  bonds  of  an  association  shown  to  have  made 
default  in  paying  its  notes,  and  receive  therefor  either  money  or  the 
circulating  notes  of  the  association.  But  no  such  bonds  shall  be  sold 
by  private  sale  for  less  than  par,  nor  for  less  than  the  market  value 
thereof  at  the  time  of  sale ;  and  no  sales  of  any  such  bonds,  either  pub- 
lic or  private,  shall  be  complete  imtil  the  transfer  of  the  bonds  shall 
have  been  made  with  the  formalities  prescribed  by  sections  5162,  5163, 
and  5164. 


312 

176.  Disposal  of  Redeemed  Notes — Regulations  for  Redemption 
Records. — (§  5232.)  The  Secretary  of  the  Treasury  may,  from  time 
to  time,  make  such  regulations  respecting  the  disposition  to  be  made 
of  circulating  notes  after  presentation  at  the  Treasury  of  the  United 
States  for  payment,  and  respecting  the  perpetuation  of  the  evidence  of 
the  payment  thereof,  as  may  seem  to  him  proper. 

177.  Redeemed  Notes  to  be  Canceled.— (§  5233.)  All  notes  of  na- 
tional banking  associations  presented  at  the  Treasury  of  the  United 
States  for  payment  shall,  on  being  paid,  be  canceled. 

178.  Appointment  and  Duties  of  Receivers. — (§  5234.)  On  becom- 
ing satisfied,  as  specified  in  sections  5226  and  5227,  that  any  association 
has  refused  to  pay  its  circulating  notes  as  therein  mentioned,  and  is 
in  default,  the  Comptroller  of  the  Currency  may  forthwith  appoint  a 
receiver,  and  require  of  him  such  bond  and  security  as  he  deems  proper. 
Such  receiver,  under  the  direction  of  the  Comptroller,  shall  take  pos- 
session of  the  books,  records,  and  assets  of  every  description  of  such 
association,  collect  all  debts,  dues,  and  claims  belonging  to  it,  and,  upon 
the  order  of  a  court  of  record  of  competent  jurisdiction,  may  sell 
or  compound  all  bad  or  doubtful  debts,  and,  on  a  like  order,  may  sell 
all  the  real  and  personal  property  of  such  association,  on  such  terms 
as  the  court  shall  direct;  and  may,  if  necessary  to  pay  the  debts  of 
such  association,  enforce  the  individual  liability  of  the  stockholders. 
Such  receiver  shall  pay  over  all  money  so  made  to  the  Treasurer  of  the 
United  States,  subject  to  the  order  of  the  Comptroller,  and  also  make 
report  to  the  Comptroller  of  all  his  acts  and  proceedings. 

179.  Notice  to  Creditors  of  Insolvent  Banks  to  Present  Claims. — 
(§  5235.)  The  Comptroller  shall,  upon  appointing  a  receiver,  cause 
notice  to  be  given,  by  advertisement  in  such  newspapers  as  he  may 
direct,  for  three  consecutive  months,  calling  on  all  persons  who  may 
have  claims  against  such  association  to  present  the  same,  and  to  make 
legal  proof  thereof. 

180.  Dividends — ^Distribution  of  Assets  of  Insolvent  Banks. — 
(§  5236.)  From  time  to  time,  after  full  provision  has  been  first  made 
for  refunding  to  the  United  States  any  deficiency  in  redeeming  the 
notes  of  such  association,  the  Comptroller  shall  make  a  ratable  divi- 
dend of  the  money  so  paid  over  to  him  by  such  receiver  on  all  such 
claims  as  may  have  been  proved  to  his  satisfaction  or  adjudicated  in 
a  court  of  competent  jurisdiction,  and,  as  the  proceeds  of  the  assets 
of  such  association  are  paid  over  to  him,  shall  make  further  dividends 
on  all  claims  previously  proved  or  adjudicated ;  and  the  remainder  of 
the  proceeds,  if  any,  shall  be  paid  over  to  the  shareholders  of  such 
association,  or  their  legal  representatives,  in  proportion  to  the  stock 
by  them  respectively  held. 

181.  When  Bank  may  Enjoin  Further  Proceedings. — (§  5237.) 
Whenever  an  association  against  which  proceedings  have  been  insti- 
tuted, on  account  of  any  alleged  refusal  to  redeem  its  circulating  notes 


NATIONAL  BANK  ACT.  313 

as  aforesaid,  denies  having  failed  to  do  so,  it  may,  at  any  time  within 
ten  days  after  it  has  been  notified  of  the  appointment  of  an  agent,  as 
provided  in  section  5227,  apply  to  the  nearest  circuit,  or  district,  or 
territorial  court  of  the  United  States  to  enjoin  further  proceedings 
in  the  premises;  and  such  court,  after  citing  the  Comptroller  of  the 
Currency  to  show  cause  why  further  proceedings  should  not  be  en- 
joined, and  after  the  decision  of  the  court  or  finding  of  the  jury  that 
such  association  has  not  refused  to  redeem  its  circulating  notes,  when 
legally  presented,  in  the  lawful  money  of  the  United  States,  shall  make 
an  order  enjoining  the  Comptroller,  and  any  receiver  acting  under  his 
direction,  from  all  further  proceedings  on  account  of  such  alleged  re- 
fusal. 

182.  Fees  and  Expenses. — (§  5238.)  All  fees  for  protesting  the 
notes  issued  by  am'  national  banking  association  shall  be  paid  by  the 
person  procuring  the  protest  to  be  made,  and  such  association  shall  be 
liable  therefor ;  but  no  part  of  the  bonds  deposited  by  such  association 
shall  be  applied  to  the  payment  of  such  fees.  All  expenses  of  any 
preliminary  or  other  examinations  into  the  condition  of  any  associa- 
tion shall  be  paid  by  such  association.  All  expenses  of  any  receiver- 
ship shall  be  paid  out  of  the  assets  of  such  association  before 
distribution  of  the  proceeds  thereof. 

183.  When  Receiver  may  be  Appointed.  Act  June  30,  1876. — 
(§  1.)  That  whenever  any  national  banking  association  shall  be  dis- 
solved, and  its  rights,  privileges,  and  franchises  declared  forfeited,  as 
prescribed  in  section  5239  of  the  Revised  Statutes  of  the  United  States, 
or  whenever  any  creditor  of  any  national  banking  association  shall  have 
obtained  a  judgment  against  it  in  any  court  of  record,  and  made  ap- 
plication, accompanied  by  a  certificate  from  the  clerk  of  the  court  stat- 
ing that  such  judgment  has  been  rendered  and  has  remained  unpaid 
for  the  space  of  thirty  days,  or  whenever  the  'Comptroller  shall  become 
satisfied  of  the  insolvency  of  the  national  banking  association,  he  may, 
after  due  examination  of  its  affairs,  in  either  case,  appoint  a  receiver 
who  shall  proceed  to  close  up  such  association,  and  enforce  the  personal 
liability  of  the  shareholders,  as  provided  in  section  5234  of  said  stat- 
utes. 

184.  Creditor's  Bill  Against  Shareholders.  Act  June  30,  1876.— 
(§  2.)  That  when  any  national  banking  association  shall  have  gone 
into  liquidation  under  the  provisions  of  section  5220  of  said  statutes, 
the  individual  liabilit}^  of  the  shareholders  provided  for  by  section  5151 
of  said  statutes  may  be  enforced  by  any  creditor  of  such  association,  by 
bill  in  equity,  in  the  nature  of  a  creditor's  bill,  brought  by  such  cred- 
itor on  behalf  of  himself  and  of  all  other  creditors  of  the  association, 
against  the  shareholders  thereof,  in  any  court  of  the  United  States  hav- 
ing original  jurisdiction  in  equity  for  the  district  in  which  such  associa- 
tion may  have  been  located  or  established. 


314  hillyer's  legal  manual. 

185.  Appointment,  Qualification,  and  Duties  of  Shareholders'  Agent. 
Act  June  30,  1876,  as  Amended  1892,  1897.— (§  3.)  That  whenever 
any  association  shall  have  been  or  shall  be  placed  in  the  hands  of  a 
receiver,  as  provided  in  section  5234  and  other  sections  of  the  Revised 
Statutes  of  the  United  States,  and  when,  as  provided  in  section  5236 
thereof,  the  Comptroller  of  the  Currency  shall  have  paid  to  each  and 
every  creditor  of  such  association,  not  including  shareholders  who  are 
creditors  of  such  association,  whose  claim  or  claims  as  such  creditor  shall 
have  been  proved  or  allowed  as  therein  prescribed,  the  full  amount  of 
such  claims,  and  all  expenses  of  the  receivership,  and  the  redemption 
of  the  circulating  notes  of  such  association  shall  have  been  provided  for 
by  depositing  lawful  money  of  the  United  States  with  the  Treasurer 
of  the  United  States,  the  Comptroller  of  the  Currency  shall  call  a  meet- 
ing of  the  shareholders  of  such  association  by  giving  notice  thereof  for 
thirty  days  in  a  newspaper  published  in  the  town,  city  or  county  where 
the  business  of  such  association  was  carried  on,  or  if  no  newspaper  is 
there  published,  in  the  newspaper  published  nearest  thereto.  At  such 
meeting  the  shareholders  shall  determine  whether  the  receiver  shall  be 
continued  and  shall  wind  up  the  affairs  of  such  association,  or  whether 
an  agent  shall  be  elected  for  that  purpose,  and  in  so  determining  the 
said  shareholders  shall  vote  by  ballot,  in  person  or  by  proxy,  each  share 
of  stock  entitling  the  holder  to  one  vote,  and  the  majority  of  the  stock 
in  value  and  number  of  shares  shall  be  necessary  to  determine  whether 
the  said  receiver  shall  be  continued,  or  whether  an  agent  shall  be  elected. 
In  case  such  majority  shall  determine  that  the  said  receiver  shall  be 
continued,  the  said  receiver  shall  thereupon  proceed  with  the  execution 
of  his  trust,  and  shall  sell,  dispose  of,  or  otherwise  collect  the  assets  of 
the  said  association,  and  shall  possess  all  the  powers  and  authority,  and 
be  subject  to  all  the  duties  and  liabilities  originally  conferred  or  im- 
posed upon  him  by  his  appointment  as  such  receiver,  so  far  as  the  same 
remain  applicable.  In  case  the  said  meeting  shall,  by  the  vote  of  a 
majority  of  the  stock  in  value  and  number  of  shares,  determine  that  an 
agent  shall  be  elected,  the  said  meeting  shall  thereupon  proceed  to  elect 
an  agent,  voting  by  ballot,  in  person  or  by  proxy,  each  share  of  stock 
entitling  the  holder  to  one  vote,  and  the  person  who  shall  receive  votes 
representing  at  least  a  majority  of  stock  in  value  and  number  shall  be 
declared  the  agent  for  the  purposes  hereinafter  provided ;  and  whenever 
any  of  the  shareholders  of  the  association  shall,  after  the  election  of  such 
agent,  have  executed  and  filed  a  bond  to  the  satisfaction  of  the  Comp- 
troller of  the  Currency,  conditioned  for  the  payment  and  discharge  in 
full  of  each  and  every  claim  that  may  thereafter  be  proved  and  allowed 
by  and  before  a  competent  court,  and  for  the  faithful  performance  of 
all  and  singular  the  duties  of  such  trust,  the  Comptroller  and  the  re- 
ceiver shall  thereupon  transfer  and  deliver  to  such  agent  all  the  undi- 
vided or  uncollected  or  other  assets  of  such  association  then  remaining 
in  the  hands  or  subject  to  the  order  and  control  of  said  Comptroller 
and  said  receiver,  or  either  of  them;  and  for  this  purpose  said  Comp- 


NATIONAL  BANK  ACT.  315 

troller  and  said  receiver  are  hereby  severally  empowered  and  directed 
to  execute  any  deed,  assignment,  transfer,  or  other  instrument  in  writ- 
ing that  may  be  necessary  and  proper;  and  upon  the  execution  and 
delivery  of  such  instrument  to  the  said  agent  the  said  Comptroller  and 
the  said  receiver  shall  by  virtue  of  this  act  be  discharged  from  any  and 
all  liabilities  to  such  association  and  to  each  and  all  the  creditors  and 
shareholders  thereof. 

Upon  receiving  such  deed,  assignment,  transfer,  or  other  instrument, 
the  person  elected  such  agent  shall  hold,  control,  and  dispose  of  the 
assets  and  property  of  such  association  which  he  may  receive  under  the 
terms  hereof  for  the  benefit  of  the  shareholders  of  such  association,  and 
he  may,  in  his  own  name,  or  in  the  name  of  such  association,  sue  and 
be  sued  and  do  all  other  lawful  acts  and  things  necessary  to  finally 
settle  and  distribute  the  assets  and  property  in  his  hands,  and  may  sell, 
compromise,  or  compound  the  debts  due  to  such  association,  with  the  con- 
sent and  approval  of  the  circuit  or  district  court  of  the  United  States 
for  the  district  where  the  business  of  such  association  was  carried  on, 
and  shall  at  the  conclusion  of  his  trust  render  to  such  district  or  circuit 
court  a  full  account  of  all  his  proceedings,  receipts,  and  expenditures 
as  such  agent,  which  court  shall,  upon  due  notice,  settle  and  adjust  such 
accounts  and  discharge  said  agent  and  the  sureties  upon  said  bond. 
And  in  case  any  such  agent  so  elected  shall  refuse  to  serve,  or  die,  resign, 
or  be  removed,  any  shareholder  may  call  a  meeting  of  the  shareholders 
of  such  association  in  the  town,  city,  or  village  where  the  business  of  the 
said  association  was  carried  on,  by  giving  notice  thereof  for  thirty  days 
in  a  newspaper  published  in  said  town,  city,  or  village,  or  if  no  news- 
paper is  there  published,  in  the  newspaper  published  nearest  thereto, 
at  which  meeting  the  shareholders  shall  elect  an  agent,  voting  by  ballot, 
in  person  or  by  proxy,  each  share  of  stock  entitling  the  holder  to  one 
vote,  and  when  such  agent  shall  have  received  votes  representing  at 
least  a  majority  of  the  stock  in  value  and  number  of  shares,  and  shall 
have  executed  a  bond  to  the  shareholders  conditioned  for  the  faithful 
performance  of  his  duties,  in  the  penalty  fixed  by  the  shareholders  at 
said  meeting,  with  two  sureties,  to  be  approved  by  a  judge  of  a  court 
of  record,  and  file  said  bond  in  the  office  of  the  clerk  of  a  court  of  record 
in  the  county  where  the  business  of  said  association  was  carried  on,  he 
shall  have  all  the  rights,  powers,  and  duties  of  the  agent  first  elected  as 
hereinbefore  provided.  At  any  meeting  held  as  hereinbefore  provided 
administrators  or  executors  of  deceased  shareholders  may  act  and  sign 
as  the  decedent  might  have  done  if  living,  and  guardians  of  minors  and 
trustees  of  other  persons  may  so  act  and  sign  for  their  ward  or  wards 
or  cestui  que  trust.  The  proceeds  of  the  assets  or  property  of  any  such 
association  which  may  be  undistributed  at  the  time  of  such  meeting  or 
may  be  subsequently  received  shall  l)e  distributed  as  follows: 

''First.  To  pay  the  expenses  of  the  execution  of  the  trust  to  the  date 
of  such  payment. 

"Second.  To  repay  any  amount  or  amounts  which  have  been  paid 
in  by  any  shareholder  or  shareholders  of  such  association  upon  and  by 


316  hillyer's  legal  manual. 

reason  of  any  and  all  assessments  made  upon  the  stock  of  such  associa- 
tion by  the  order  of  the  Comptroller  of  the  Currency  in  accordance  with 
the  provisions  of  the  statutes  of  the  United  States;  and 

''Third.  The  balance  ratably  among  such  stockholders,  in  propor- 
tion to  the  number  of  shares  held  and  owned  by  each.  Such  distribu- 
tion shall  be  made  from  time  to  time  as  the  proceeds  shall  be  received 
and  as  shall  be  deemed  advisable  by  the  said  Comptroller  or  said  agent." 

186.  Receiver  may  Purchase  Property  to  Protect  His  Trust.  Act 
March  29,  1886. —  (§  1.)  That  whenever  the  receiver  of  any  national 
bank  duly  appointed  by  the  Comptroller  of  the  Currency,  and  who  shall 
have  duly  qualified  and  entered  upon  the  discharge  of  his  trust,  shall 
find  it  in  his  opinion  necessary,  in  order  to  fully  protect  and  benefit  his 
said  trust,  to  the  extent  of  any  and  all  equities  that  such  trust  may  have 
in  any  propertj^  real  or  personal,  by  reason  of  any  bond,  mortgage,  as- 
signment, or  other  proper  legal  claim  attaching  thereto,  and  which  said 
property  is  to  be  sold  under  any  execution,  decree  of  foreclosure,  or 
proper  order  of  any  court  of  jurisdiction,  he  may  certify  the  facts  in 
the  case,  together  with  his  opinion  as  to  the  value  of  the  property  to  be 
sold,  and  the  value  of  the  equity  his  said  trust  may  have  in  the  same, 
to  the  Comptroller  of  the  Currency,  together  with  a  request  for  the 
right  and  authority  to  use  and  employ  so  much  of  the  money  of  said 
trust  as  may  be  necessary  to  purchase  such  property  at  such  sale. 

187.  Approval  of  Request.  Act  March  29,  1886.— (§2.)  That 
such  request,  if  approved  by  the  Comptroller  of  the  Currency,  shall  be, 
together  with  the  certificate  of  facts  in  the  case,  and  his  recommendation 
as  to  the  amount  of  money  w^hich,  in  his  judgment,  should  be  so  used 
and  employed,  submitted  to  the  Secretary  of  the  Treasury,  and  if  the 
same  shall  likewise  be  approved  by  him,  the  request  shall  be  by  the 
Comptroller  of  the  Currency  allowed,  and  notice  thereof,  with  copies  of 
the  request,  certificate  of  facts  and  indorsement  of  approvals,  shall  be 
filed  with  the  Treasurer  of  the  United  States. 

188.  Payment.  Act  March  29,  1886.— (§  3.)  That  whenever  any 
such  request  shall  be  allowed  as  hereinbefore  provided,  the  said  Comp- 
troller of  the  Currency  shall  be,  and  is,  empowered  to  draw  upon  and 
from  such  funds  of  any  such  trust  as  may  be  deposited  with  the  Treas- 
urer of  the  United  States  for  the  benefit  of  the  bank  in  interest,  to  the 
amount  as  may  be  recommended  and  allowed  and  for  the  purpose  for 
w^hich  such  allowance  w^as  made :  Provided,  however.  That  all  payments 
to  be  made  for  or  on  account  of  the  purchase  of  any  such  property  and 
under  any  such  allowance  shall  be  made  by  the  Comptroller  of  the  Cur- 
rency direct,  with  the  approval  of  the  Secretary  of  the  Treasury,  for 
such  purpose  only  and  in  such  manner  as  he  may  determine  and  order. 

189.  Penalty  for  Violation  of  This  Title— Forfeiture  of  Charter- 
Individual  Liability  of  Directors. — (§5239.)  If  the  directors  of  any 
national  banking  association  shall  knowingly  violate,  or  knowingly  per- 
mit any  of  the  officers,  agents,  or  servants  of  the  association  to  violate 
any  of  the  provisions  of  this  title,  all  the  rights,  privileges,  and  fran- 


NATIONAL  BANK  ACT.  317 

chises  of  the  association  shall  be  thereby  forfeited.  Such  violation  shall, 
however,  be  determined  and  adjudged  by  a  proper  circuit,  district,  or 
territorial  court  of  the  United  States,  in  a  suit  brought  for  that  pur- 
pose by  the  Comptroller  of  the  Currency,  in  his  own  name,  before  the 
association  shall  be  declared  dissolved.  And  in  cases  of  such  violation 
every  director  w^ho  participated  in  or  assented  to  the  same  shall  be  held 
liable  in  his  personal  and  individual  capacity  for  all  damages  which  the 
association,  its  shareholders,  or  any  other  person  shall  have  sustained  in 
consequence  of  such  violation. 

190.  Appointment  of  Examiners  —  Compensation. — (§5240.)  [As 
amended  1875.]  The  Comptroller  of  the  Currency,  with  the  approval 
of  the  Secretary  of  the  Treasury,  shall,  appoint  examiners  who  shall 
examine  every  member  bank  at  least  twice  in  each  calendar  year  and 
oftener  if  considered  necessary :  Provided,  however,  That  the  Federal 
Reserve  Board  may  .authorize  examination  by  the  State  authorities  to 
be  accepted  in  the  case  of  State  banks  and  trust  companies  and  may 
at  any  time  direct  the  holding  of  a  special  examination  of  State  banks 
or  trust  companies  that  are  stockholders  in  any  Federal  reserve  bank. 
The  examiner  making  the  examination  of  any  national  bank,  or  of  any 
other  member  bank  shall  have  powder  to  make  a  thorough  examination 
of  all  the  affairs  of  the  bank  and  in  doing  so  he  shall  have  power  to 
administer  oaths  and  to  examine  any  of  the  officers  and  agents  thereof 
under  oath  and  shall  make  a  full  and  detailed  report  of  the  condition 
of  said  bank  to  the  Comptroller  of  the  Currency. 

191.  Limitation  of  Visitorial  Powers. — (§  5241.)  No  association 
shall  be  subject  to  any  visitorial  powers  other  than  such  as  are  authorized 
by  this  title,  or  are  vested  in  the  courts  of  justice. 

192.  Transfers,  When  Void  —  Illegal  Preference  of  Creditors. — 
(§  5242.)  All  transfers  of  the  notes,  bonds,  bills  of  exchange,  or  other 
evidences  of  debt  owing  to  any  national  banking  association,  or  of  de- 
posits to  its  credit ;  all  assignments  of  mortgages,  sureties  on  real  estate, 
or  of  judgments  or  decrees  in  its  favor;  all  deposits  of  money,  bullion, 
or  other  valuable  thing  for  its  use,  or  for  the  use  of  any  of  its  share- 
holders or  creditors ;  and  all  payments  of  money  to  either,  made  after 
the  commission  of  an  act  of  insolvency,  or  in  contemplation  thereof,  made 
with  a  view  to  prevent  the  application  of  its  assets  in  the  manner  pre- 
scribed by  this  chapter,  or  with  a  view  to  the  preference  of  one  creditor 
to  another,  except  in  payment  of  its  circulating  notes,  shall  be  utterly 
null  and  void;  and  no  attachment,  injunction  or  execution,  shall  be 
issued  against  such  association  or  its  property  before  final  judgment  in 
any  suit,  action,  or  proceeding,  in  any  State,  count}^  or  municipal  court. 

193.  Use  of  the  Title  ''National."— (§  5243.)  All  banks  not  or- 
ganized and  transacting  business  under  the  national  currency  law^s,  or 
under  this  title,  and  all  persons  or  corporations  doing  the  business  of 
bankers,  brokers,  or  savings  institutions,  except  savings  banks  authorized 
by  Congress  to  use  the  word  ''national"  as  a  part  of  their  corporate 
name,  are  prohibited  from  using  the  word  "national"  as  a  portion  of 


318 

the  name  or  title  of  such  bank,  corporation,  firm,  or  partnership;  and 
any  violation  of  this  prohibition  committed  after  the  third  day  of  Sep- 
tember, eighteen  hundred  and  seventy-three,  shall  subject  the  party 
chargeable  therewith  to  a  penalty  of  fifty  dollars  for  each  day  during 
which  it  is  permitted  or  repeated. 


CHAPTER  VI. 

Acts  of  a  General  Nature  and  Sections  of  the  Revised  Statutes,  not 
Included   in  the  National  Bank  Act,  Affecting  National  Banks. 

194.  All  Suits  Under  Banking  Law  in  Which  the  United  States  or 
Any  of  Its  Officers  or  Agents  are  Parties  to  be  Conducted  by  District 
Attorneys  Under  the  Supervision  of  the  Solicitor  of  the  Treasury. — 

(§  380.)  All  suits  and  proceedings  arising  out  of  the  provisions  of  law 
governing  national  banking  associations,  in  which  the  United  States  or 
any  of  its  officers  or  agents  shall  be  parties,  shall  be  conducted  by  the 
district  attorneys  of  the  several  districts  under  the  direction  and  super- 
vision of  the  Solicitor  of  the  Treasury. 

195.  Jurisdiction  of  Circuit  Courts  to  Enjoin  Comptroller. — 
(§  629.)  [As  amended  1875.]  The  circuit  courts  shall  have  original 
jurisdiction  of  all  suits  brought  by  any  banking  association  estab- 
lished in  the  district  for  which  the  court  is  held,  under  the  provisions 
of  title  ''The  National  Banks,"  to  enjoin  the  Comptroller  of  the  Cur- 
rency, or  any  receiver  acting  under  his  direction,  as  provided  by  said 
title. 

196.  Where  Such  Proceedings  must  be  Brought.— (§  736.)  All  pro- 
ceedings by  any  national  banking  association  to  enjoin  the  Comptroller 
of  the  Currency,  under  the  provisions  of  any  law  relating  to  national 
banking  associations,  shall  be  had  in  the  district  where  such  association 
is  located. 

197.  Sealed  Certificates  of  Comptroller  Competent  Evidence. — 
(§  884.)  Every  certificate,  assignment,  and  conveyance  executed  by  the 
Comptroller  of  the  Currency,  in  pursuance  of  law^,  and  sealed  with  his 
seal  of  office,  shall  be  received  in  evidence  in  all  places  and  courts; 
and  all  copies  of  papers  in  his  office,  certified  by  him  and  authenticated 
by  the  said  seal,  shall  in  all  cases  be  evidence  equally  with  the  originals. 
An  impression  of  such  seal  directly  on  the  paper  shall  be  as  valid  as  if 
made  on  wax  or  wafer. 

198.  Certified  Copy  of  Organization  Certificate  as  Evidence. — 
(§  885.)  Copies  of  the  organization  certificate  of  any  national  banking 
association,  duly  certified  by  the  Comptroller  of  the  Currency,  and  au- 
thenticated by  his  seal  of  office,  shall  be  evidence  in  all  courts  and 
places  within  the  jurisdiction  of  the  United  States  of  the  existence  of 
the  association,  and  of  every  matter  which  could  be  proved  by  the  pro- 
duction of  the  oris^inal  certificate. 


NATIONAL  BANK  ACT.  319 

TAX  ON  STATE  BANK  CIRCULATION. 

199.  Tax  on  Circulation.— (§  3408.)  There  shall  be  levied,  col- 
lected and  paid,  as  hereafter  provided. 

First 

Second 

Third.  A  tax  of  one-twelfth  of  one  per  centum  each  month  upon  the 
average  amount  of  circulation  issued  by  any  bank,  association,  corpora- 
tion, company,  or  persons,  including  as  circulation  all  certified  checks 
and  all  notes  and  other  obligations  calculated  or  intended  to  circulate 
or  to  be  used  as  money,  but  not  including  that  in  the  vault  of  the  bank, 
or  redeemed  and  on  deposit  for  said  bank;  and  an  additional  tax  of 
one-sixth  of  one  per  centum  each  month  upon  the  average  amount  of 
such  circulation,  issued  as  aforesaid,  beyond  the  amount  of  ninety  per 
centum  of  the  capital  of  any  such  bank,  association,  corporation,  com- 
pany, or  person. 

In  the  case  of  banks  with  branches,  the  tax  herein  provided  shall  be 
assessed  upon  the  circulation  of  each  branch  severally,  and  the  amount 
of  capital  of  each  branch  shall  be  considered  to  be  the  amount  allotted 
to  it. 

200.  Circulation  When  Exempted  from  Tax.— (§  3411.)  Whenever 
the  outstanding  circulation  of  any  bank,  association,  corporation,  com- 
pany, or  person  is  reduced  to  an  amount  not  exceeding  five  per  centum 
of  the  chartered  or  declared  capital  existing  at  the  time  the  same  was 
issued,  said  circulation  shall  be  free  from  taxation ;  and  whenever  any 
bank  which  has  ceased  to  issue  notes  for  circulation  deposits  in  the 
Treasury  of  the  United  States,  in  lawful  money,  the  amount  of  its  out- 
standing circulation,  to  be  redeemed  at  par,  under  such  regulations  as 
the  Secretary  of  the  Treasury  shall  prescribe,  it  shall  be  exempt  from 
any  tax  upon  such  circulation. 

201.  (§§  3412,  3413.) 

202.  Tax  on  Circulation  of  Banks  Other  Than  National  Banks.  Act 
February  8,  1875. — (§  19.)  That  every  person,  firm,  association,  other 
than  national  bank  associations,  and  every  corporation,  State  bank,  or 
State  banking  association  shall  pay  a  tax  of  ten  per  centum  on  the 
amount  of  their  own  notes  used  for  circulation  and  paid  out  by  them. 

203.  Tax  on  Notes  of  State  Banks,  Municipal  Corporations,  etc., 
Used  as  Circulation  and  Paid  Out  by  Banks.  Act  February  8,  1875. 
(§  20.)  That  every  such  person,  firm,  association,  corporation.  State 
bank,  or  State  i>anking  association,  and  also  every  national  banking 
association,  shall  pay  a  like  tax  of  ten  per  centum  on  the  amount  of 
notes  of  any  person,  firm,  association  other  than  a  national  banking 
association,  or  of  any  corporation.  State  bank,  or  State  banking  asso- 
ciation, or  of  any  town,  city,  or  municipal  corporation,  used  for  circu- 
lation and  paid  out  by  them. 

204.  Banks '  Returns — Pa3mient  of  Tax  Penalties.  Act  February  8, 
1875. —  (§  21.)  That  the  amount  of  such  circulating  notes,  and  of  the 
tax  due  thereon,  shall  be  returned,  and  the  tax  paid  at  the  same  time, 


320  hillyer's  legal  manual. 

and  in  the  same  manner,  and  with  like  penalties  for  failure  to  return 
and  pay  the  same,  as  provided  by  law  for  the  return  and  payment  of 
taxes  on  deposits,  capital,  and  circulation  imposed  by  the  existing  pro- 
visions of  internal  revenue  law. 

205.  Semi-annual  Return  by  Banks. — (§  3414.)  A  true  and  com- 
plete return  of  the  monthly  amount  of  circulation  [of  deposits,  and  of 
capital],  as  aforesaid,  and  of  the  monthly  amount  of  notes  of  persons, 
town,  city,  or  municipal  corporations.  State  banks,  or  State  banking 
associations  paid  out  as  aforesaid  for  the  previous  six  months,  shall  be 
made  and  rendered  in  duplicate  on  the  first  day  of  December  and  the 
first  day  of  June,  by  each  of  such  banks,  associations,  corporations, 
companies,  or  persons,  with  a  declaration  annexed  thereto,  under  the 
oath  of  such  person,  or  of  the  president  or  cashier  of  such  bank,  asso- 
ciation, corporation,  or  company,  in  such  form  and  manner  as  may  be 
prescribed  by  the  Commissioner  of  Internal  Revenue,  that  the  same 
contains  a  true  and  faithful  statement  of  the  amounts  subject  to  tax, 
as  aforesaid ;  and  one  copy  shall  be  transmitted  to  the  collector  of  the 
district  in  which  any  such  bank,  association,  corporation,  or  company 
is  situated,  or  in  which  such  person  has  his  place  of  business,  and  one 
copy  to  the  Commissioner  of  Internal  Revenue. 

206.  Failure  to  Make  Return — Commissioner  to  Estimate. — 
(§  3415.)  In  default  of  the  returns  provided  in  the  preceding  section, 
the  amount  of  circulation  [deposit,  capital],  and  notes  of  persons, 
town,  city,  and  municipal  corporations,  State  banks,  and  State  banking 
associations  paid  out,  as  aforesaid,  shall  be  estimated  by  the  Commis- 
sioner of  Internal  Revenue,  upon  the  best  information  he  can  obtain. 
And  for  any  refusal  or  neglect  to  make  return  and  payment  any  such 
bank,  association,  corporation,  company,  or  person  so  in  default  shall 
pay  a  penalty  of  two  hundred  dollars,  besides  the  additional  penalty 
and  forfeitures  provided  in  other  cases. 

207.  State  Banks  Converted  into  National  Banks — Returns,  How- 
Made. —  (§  3416.)  Whenever  any  State  bank  or  banking  association 
has  been  converted  into  a  national  banking  association,  and  such  na- 
tional banking  association  has  assumed  the  liabilities  of  such  State 
bank  or  banking  association,  including  the  redemption  of  its  bills,  by 
any  agreement  or  understanding  whatever  with  the  representatives  of 
such  State  bank  or  banking  association,  such  national  banking  associa- 
tion shall  be  held  to  make  the  required  return  and  payment  on  the 
circulation  outstanding,  so  long  as  such  circulation  shall  exceed  five 
per  centum  of  the  capital  before  such  conversion  of  such  State  bank 
or  banking  association. 

208.  Tax  Provisions  Restricted.— (§  3417.)  [As  amended  1875.] 
The  provisions  of  this  chapter  relating  to  the  tax  on  the  [deposits, 
capital  and]  circulation  of  banks  and  to  their  returns,  except  as  con- 
tained in  sections  3410,  3411,  3412,  3413,  and  3416,  and  such  parts  of 
sections  3414  and  3415  as  relate  to  the  tax  of  ten  per  centum  on  cer- 
tain notes,  shall  not  apply  to  associations  which  are  taxed  under  and 
by  virtue  of  title  ''National  Banks." 


NATIONAL  BANK  ACT.  321 

209.  Taxes  on  Insolvent  Banks.  Act  March  1,  1879.— (§  22.) 
That  whenever  and  after  any  bank  has  ceased  to  do  business  by  rea- 
son of  insolvency  or  bankruptcy,  no  tax  shall  be  assessed  or  collected, 
or  paid  into  the  Treasury  of  the  United  States,  on  account  of  such 
bank,  which  shall  diminish  the  assets  thereof  necessary  for  the  full 
payment  of  all  its  depositors;  and  such  tax  shall  be  abated  from  such 
national  banks  as  are  found  by  the  Comptroller  of  the  Currency  to  be 
insolvent;  and  the  Commissioner  of  Internal  Revenue,  when  the  facts 
shall  so  appear  to  him,  is  authorized  to  remit  so  much  of  said  tax 
against  insolvent  State  and  savings  banks  as  shall  be  found  to  affect 
the  claims  of  their  depositors. 

TAX  ON  UNITED  STATES  AND  NATIONAL  BANK  NOTES. 

210.  Obligations    of    United    States    Exempt    from    Taxation. — 

(§  3701.)  All  stocks,  bonds.  Treasury  notes,  and  other  obligations  of 
the  United  States  shall  be  exempt  from  taxation  by  or  under  State 
or  municipal  or  local  authority. 

211.  National  Bank  Notes  and  Notes  and  Certificates  of  the  United 
States  Circulating  as  Currency  Subject  to  State  Taxation.  Act 
August  13,  1894. — (§  1.)  That  circulating  notes  of  national  banking 
associations  and  United  States  legal  tender  notes  and  other  notes  and 
certificates  of  the  United  States,  payable  on  demand  and  circulating 
or  intended  to  circulate  as  currency,  and  gold,  silver,  or  other  coin 
shall  be  subject  to  taxation  as  money  on  hand  or  on  deposit  under  the 
laws  of  any  State  or  Territory :  Provided,  That  any  such  taxation  shall 
be  exercised  in  the  same  manner  and  at  the  same  rate  that  any  such 
State  or  Territory  shall  tax  money  or  currency  circulating  as  money 
within  its  jurisdiction. 

(§2.)  That  the  provisions  of  this  act  shall  not  be  deemed  or  held 
to  change  existing  laws  in  respect  of  the  taxation  of  national  banking 
associations. 

212.  Restrictions  on  Notes  Less  Than  One  Dollar.— (§  3583.)  No 
person  shall  make,  issue,  circulate,  or  pay  out  any  note,  check,  memo- 
randum, token,  or  other  obligation  for  a  less  sum  than  one  dollar,  in- 
tended to  circulate  as  money  or  to  be  received  or  used  in  lieu  of  lawful 
money  of  the  United  States;  and  every  person  so  offending  shall  be 
fined  not  more  than  five  hundred  dollars  or  imprisoned  not  more  than 
six  months,  or  both,  at  the  discretion  of  the  court. 

LEGAL  TENDER. 

213.  Foreign  Coins. — (§  3584.)  No  foreign  gold  or  silver  coins 
shall  be  a  legal  tender  in  payment  of  debts. 

214.  Gold  Coin  of  the  United  States.— (§  3585.)  The  gold  coins  of 
the  United  States  shall  be  a  legal  tender  in  all  payments  at  their 
nominal  value  when  not  below  the  standard  weight  and  limit  of  toler- 
ance provided  by  law  for  the  single  piece,  and  when  reduced  in  weight 

21 


322 

below  such  standard  and  tolerance,  shall  be  a  legal  tender  at  valuation 
in  proportion  to  their  actual  weight. 

215.  (§  3586.)     Superseded. 

216.  Authorizing  Coinage  of  Standard  Silver  Dollars  and  Making 
Them  Legal  Tender.  Act  of  February  28,  1878.— (§  1.)  That  there 
shall  be  coined  at  the  several  mints  of  the  United  States,  silver  dollars 
of  the  weight  of  4121/2  grains  Troy  of  standard  silver  ....  ;  which 
coins  together  with  all  silver  dollars  heretofore  coined  by  the  United 
States,  of  like  weight  and  fineness,  shall  be  a  legal  tender,  at  their 
nominal  value,  for  all  debts  and  dues,  public  and  private,  except  where 
otherwise  expressly  stipulated  in  the  contract. 

217.  Subsidiary  Silver  Coins.  Act  of  June  9,  1879.— (§  3.)  That 
the  present  silver  coins  of  the  United  States  of  smaller  denominations 
than  one  dollar  shall  hereafter  be  a  legal  tender  in  all  sums  not  ex- 
ceeding ten  dollars  in  full  payment  of  all  dues  public  and  private. 

218.  Minor  Coins.— (§  3587.)  The  minor  coins  of  the  United 
States  shall  be  a  legal  tender,  at  their  nominal  value,  for  any  amount 
not  exceeding  twenty-five  cents  in  any  one  payment. 

219.  United  States  Notes.— (§  3588.)  United  States  notes  shall  be 
lawful  money,  and  a  legal  tender  in  payment  of  all  debts,  public  and 
private,  within  the  United  States,  except  for  duties  on  imports  and 
interest  on  the  public  debt. 

220.  Demand  Treasury  Notes. —  (§  3589.)  Demand  Treasury  notes 
authorized  by  the  act  of  July  17,  1861,  chapter  5,  and  the  act  of 
February  12,  1862,  chapter  20,  shall  be  lawful  money  and  a  legal  tender 
in  like  manner  as  United  States  notes. 

221.  Interest-bearing  Notes. — (§  3590.)  Treasury  notes  issued 
under  the  authority  of  the  acts  of  March  3,  1863,  chapter  73,  and 
June  30,  1864,  chapter  172,  shall  be  legal  tender  to  the  same  extent  as 
United  States  notes,  for  their  face  value,  excluding  interest :  Provided, 
That  Treasury  notes  issued  under  the  act  last  named  shall  not  be  a 
legal  tender  in  payment  or  redemption  of  any  notes  issued  by  any 
bank,  banking  association,  or  banker,  calculated  and  intended  to  cir- 
culate as  money. 

222.  For  What  Demands  National  Bank  Notes  may  be  Received. — 
(§  5182.)     See  par.  88. 

223.  Gold  Certificates.  Act  July  12,  1882.— (§  12.)  That  the  Sec- 
retary of  the  Treasury  is  authorized  and  directed  to  receive  deposits 
of  gold  coin  with  the  Treasurer  or  assistant  treasurers  of  the  United 
States,  in  sums  of  not  less  than  twenty  dollars,  and  to  issue  certifi- 
cates therefor  in  denominations  of  not  less  than  twenty  dollars  each, 
corresponding  Avith  the  denominations  of  United  States  notes.  The 
coin  deposited  for  or  representing  the  certificates  of  deposit  shall  be 
retained  in  the  Treasury  for  the  payment  of  the  same  on  demand. 
Said  certificates  shall  be  receivable  for  customs,  taxes,  and  all  public 
dues,  and  when  so  received  may  be  reissued;  and  such  certificates,  as 
also  silver  certificates,  when  held  by  any  national  banking  association. 


NATIONAL  BANK  ACT.  323 

shall  be  counted  as  part  of  its  lawful  reserve;  and  no  national  banking 
association  shall  be  a  member  of  any  clearing-house  in  which  such  cer- 
tificates shall  not  be  receivable  in  the  settlement  of  clearing-house 
balances:  Provided,  That  the  Secretary  of  the  Treasury  shall  suspend 
the  issue  of  such  gold  certificates  whenever  the  amount  of  gold  coin 
and  gold  bullion  in  the  Treasury  reserved  for  the  redemption  of  United 
States  notes  falls  below  one  hundred  millions  of  dollars ;  and  the  pro- 
visions of  section  5207  of  the  Revised  Statutes  shall  be  applicable  to  the 
certificates  herein  authorized  and  directed  to  be  issued. 

GOVERNMENT  DEPOSITARIES. 

224.  Duty  of  Disbursing  Officers.— (§  3620.)  [As  amended  1877.1 
It  shall  be  the  duty  of  every  disbursing  officer  having  any  public  money 
intrusted  to  him  for  disbursement  to  deposit  the  same  with  the  Treas- 
urer or  some  one  of  the  assistant  treasurers  of  the  United  States,  and 
to  draw  for  the  same  only  as  it  may  be  required  for  payments  to  be 
made  by  him  in  pursuance  of  law,  and  draw  for  the  same  only  in  favor 
of  the  persons  to  whom  payment  is  made,  and  all  transfers  from  the 
Treasurer  of  the  United  States  to  a  disbursing  officer  shall  be  by  draft 
or  warrant  on  the  Treasury  or  an  assistant  treasurer  of  the  United 
States.  In  places,  however,  where  there  is  no  Treasurer  or  assistant 
treasurer,  the  Secretary  of  the  Treasury  may,  when  he  deems  it  essen- 
tial to  the  public  interest,  specially  authorize  in  writing  the  deposit 
of  such  public  money  in  any  other  public  depositary,  or,  in  writing, 
authorize  the  same  to  be  kept  in  any  other  manner  and  under  such 
rules  and  regulations  as  he  may  deem  most  safe  and  effectual  to  facili- 
tate the  payments  to  public  creditors. 

225.  Provisions  for  Deposits  by  Certain  Postmasters. — (§  3847.) 
Any  postmaster,  having  public  money  belonging  to  the  Government, 
at  an  office  within  a  county  where  there  are  no  designated  depositaries, 
treasurers  of  mints,  or  Treasurer  or  assistant  treasurers  of  the  United 
States  may  deposit  the  same,  at  his  own  risk  and  in  his  official  capa- 
city, in  any  national  bank  in  the  town,  city,  or  county  where  the  said 
postmaster  resides ;  but  no  authority  or  permission  is  or  shall  be  given 
for  the  demand  or  receipt  by  the  postmaster,  or  any  other  person,  of 
interest,  directly  or  indirectly,  on  any  deposit  made  as  herein  de- 
scribed; and  every  postmaster  who  makes  any  such  deposit  shall  re- 
port quarterly  to  the  Postmaster-General  the  name  of  the  bank  where 
such  deposits  have  been  made,  and  also  state  the  amount  which  may 
stand  at  the  time  to  his  credit. 

226.  Penalty  for  Misapplication  of  Money-order  Funds. — (§  4046.) 
Every  postmaster,  assistant,  clerk,  or  other  person  employed  in  or 
connected  with  the  business  or  operations  of  any  money-order  office 
who  converts  to  his  own  use,  in  any  way  whatever,  or  loans,  or  de- 
posits in  any  bank,  except  as  authorized  by  this  title,  or  exchanges  for 
other  funds,  any  portion  of  the  money-order  funds,  shall  be  deemed 
guilty  of  embezzlement,  and  any  such  person,  as  well  as  every  other 
person  advising  or  participating  therein,  shall,  for  every  such  offense, 


324  hillyer's  legal  manual. 

be  imprisoned  for  not  less  than  six  months  nor  more  than  ten  years, 
and  be  fined  in  a  sum  equal  to  the  amount  embezzled ;  and  any  failure 
to  pay  over  or  produce  any  money-order  funds  intrusted  to  such  person 
shall  be  taken  to  be  prima  facie  evidence  of  embezzlement ;  and  upon 
the  trial  of  any  indictment  against  any  person  for  such  embezzlement 
it  shall  be  prima  facie  evidence  of  a  balance  against  him  to  produce  a 
transcript  from  the  money-order  account  books  of  the  Sixth  Auditor. 
But  nothing  herein  contained  shall  be  construed  to  prohibit  any  post- 
master depositing,  under  the  direction  of  the  Postmaster-General,  in 
a  national  bank  designated  by  the  Secretary  of  the  Treasury  for  that 
purpose,  to  his  own  credit  as  postmaster,  any  money-order  or  other 
funds  in  his  charge,  nor  prevent  his  negotiating  drafts  or  other  evi- 
dences of  debt  through  such  bank,  or  through  United  States  disbursing 
officer,  or  otherwise,  when  instructed  or  required  to  do  so  by  the  Post- 
master-General for  the  purpose  of  remitting  surplus  money-order  funds 
from  one  postoffice  to  another ;  to  be  used  in  payment  of  money-orders. 
Disbursing  officers  of  the  United  States  shall  issue,  under  regulations 
to  be  prescribed  by  the  Secretary  of  the  Treasury,  duplicates  of  lost 
checks  drawn  by  them  in  favor  of  any  postmaster  on  account  of  money- 
order  or  other  public  funds  received  by  them  from  some  other  post- 
master. 

227.  National  Banking  Associations  to  be  Depositaries  of  Public 
Moneys.— (§  5153.)      [As  amended  1907.]     See  par.  50. 

228.  Penalty  for  Unauthorized  Deposit  of  Public  Money. — (§  5488.) 
Every  disbursing  officer  of  the  United  States  who  deposits  any  public 
money  intrusted  to  him  in  any  place  or  in  any  manner,  except  as  au- 
thorized by  law,  or  converts  to  his  own  use  in  any  way  whatever,  or 
loans  with  or  without  interest,  or  for  any  purpose  not  prescribed  by 
law  withdraws  from  the  Treasurer  or  any  assistant  treasurer,  or  any 
authorized  depositary,  or  for  any  purpose  not  prescribed  by  law  trans- 
fers or  applies  any  portion  of  the  public  money  intrusted  to  him,  is,  in 
every  such  act,  deemed  guilty  of  an  embezzlement  of  the  money  so 
deposited,  converted,  loaned,  withdrawn,  transferred,  or  applied;  and 
shall  be  punished  by  imprisonment  with  hard  labor  for  a  term  not  less 
than  one  year  nor  more  than  ten  years,  or  by  a  fine  of  not  more  than 
the  amount  embezzled  or  less  than  one  thousand  dollars,  or  by  both 
such  fine  and  imprisonment. 

229.  Penalty  for  Unauthorized  Receipt  or  Use  of  Public  Money. — 
(§  5497.)  [As  amended  1879.]  Every  banker,  broker,  or  other  person 
not  an  authorized  depositary  of  public  moneys,  who  knowingly  receives 
from  any  disbursing  officer,  or  collector  of  internal  revenue,  or  other 
agent  of  the  United  States,  any  public  money  on  deposit,  or  by  way 
of  loan  or  accommodation,  with  or  without  interest,  or  otherwise  than 
in  payment  of  a  debt  against  the  United  States,  or  who  uses,  transfers, 
converts,  appropriates,  or  applies  any  portion  of  the  public  money  for 
any  purpose  not  prescribed  by  law,  and  every  president,  cashier,  teller, 
director,  or  other  officer  of  any  bank  or  banking  association,  who  vio- 
lates any  of  the  provisions  of  this  section,  is  guilty  of  an  act  of  em- 


NATIONAL  BANK  ACT.  325 

bezzlement  of  the  public  money  so  deposited,  loaned,  transferred,  used, 
converted,  appropriated,  or  applied,  and  shall  be  punished  as  pre- 
scribed in  section  5488 

FORGERIES,  FRAUDS,  ETC. 

230.  Obligations  of  the  United  States  Defined.— (§  5413.)  [As 
amended  1875,  1877.]  The  words  "obligation  or  other  security  of  the 
United  States"  shall  be  held  to  mean  all  bonds,  certificates  of  indebted- 
ness, national  bank  currency,  coupons.  United  States  notes,  Treasury 
notes,  fractional  notes,  certificates  of  deposit,  bills,  checks,  or  drafts 
for  money  drawn  by  or  upon  authorized  officers  of  the  United  States, 
stamps  and  other  representatives  of  value,  of  whatever  denomination, 
which  have  been  or  may  be  issued  under  any  act  of  Congress. 

231.  Forging  or  Counterfeiting  United  States  Securities. — (§  5414.) 
Every  person  who,  with  intent  to  defraud,  falsely  makes,  forges,  coun- 
terfeits, or  alters  any  obligation  or  security  of  the  United  States  shall 
be  punished  by  a  fine  of  not  more  than  five  thousand  dollars  and  by 
imprisonment  at  hard  labor  not  more  than  fifteen  years. 

232.  Counterfeiting  National  Bank  Notes. — (§  5415.)  Every  per- 
son who  falsely  makes,  forges,  or  counterfeits,  or  causes  or  procures 
to  be  made,  forged,  or  counterfeited,  or  willingly  aids  or  assists  in 
falsely  making,  forging,  or  counterfeiting,  any  note  in  imitation  of, 
or  purporting  to  be  in  imitation  of,  the  circulating  notes  issued  by  any 
banking  association  now  or  hereafter  authorized  and  acting  under  the 
laws  of  the  United  States;  or  who  passes,  utters,  or  publishes,  or  at- 
tempts to  pass,  utter,  or  publish,  any  false,  forged,  or  counterfeited 
note  purporting  to  be  issued  by  any  such  association  doing  a  banking 
business,  knowing  the  same  to  be  falsely  made,  forged,  or  counterfeited, 
or  who  falsely  alters,  or  causes  or  procures  to  be  falsely  altered,  or 
willingly  aids  or  assists  in  falsely  altering  any  such  circulating  notes, 
or  passes,  utters,  or  publishes,  or  attempts  to  pass,  utter,  or  publish 
as  true,  any  falsely  altered  or  spurious  circulating  note  issue,  or  pur- 
porting to  have  been  issued,  by  any  such  banking  association,  knowing 
the  same  to  be  falsely  altered  or  spurious,  shall  be  imprisoned  at  hard 
labor  not  less  than  five  years  nor  more  than  fifteen  years,  and  fined 
not  more  than  one  thousand  dollars. 

233.  Using  Plates  to  Print  Notes  Without  Authority.— (§  5430.) 
Every  person  having  control,  custody,  or  possession  of  any  plate,  or 
any  part  thereof,  from  which  has  been  printed,  or  which  may  be  pre- 
pared by  direction  of  the  Secretary  of  the  Treasury  for  the  purpose 
of  printing,  any  obligation  or  other  security  of  the  United  States,  who 
uses  such  plate,  or  knowingly  suffers  the  same  to  be  used  for  the  pur- 
pose of  printing  any  such  or  similar  obligation,  or  other  security,  or 
any  part  thereof,  except  as  may  be  printed  for  the  use  of  the  United 
States  by  order  of  the  proper  officer  thereof ;  and  every  person  who  en- 
graves, or  causes  or  procures  to  be  engraved,  or  assists  in  engraving, 
any  plate  in  the  likeness  of  any  plate  designed  for  the  printing  of  such 


326  hillyer's  legal  manual. 

obligation  or  other  security,  or  who  sells  any  such  plate,  or  who  brings 
into  the  United  States  from  any  foreign  place  any  such  plate,  except 
under  the  direction  of  the  Secretary  of  the  Treasury  or  other  proper 
officer,  or  with  any  other  intent,  in  either  case,  than  that  such  plate 
be  used  for  the  printing  of  the  obligations  or  other  securities  of  the 
United  States;  or  who  has  in  his  control,  custody,  or  possession  any 
metallic  plate  engraved  after  the  similitude  of  any  plate  from  which 
any  such  obligation  or  other  security  has  been  printed,  with  intent  to 
use  such  plate,  or  suffer  the  same  to  be  used  in  forging  or  counterfeit- 
ing any  such  obligation  or  other  security,  or  any  part  thereof;  or  who 
has  in  his  possession  or  custody,  except  under  authority  from  the  Sec- 
retary of  the  Treasury  or  other  proper  officer,  any  obligation  or  other 
security,  engraved  and  printed  after  the  similitude  of  any  obligation 
or  other  security  issued  under  the  authority  of  the  United  States,  with 
intent  to  sell  or  otherwise  use  the  same ;  and  every  person  who  prints, 
photographs,  or  in  any  other  manner  makes  or  executes,  or  causes  to 
be  printed,  photographed,  made,  or  executed,  or  aids  in  printing,  photo- 
graphing, making,  or  executing  any  engraving,  photograph,  print,  or 
impression  in  the  likeness  of  any  such  obligation  or  other  security,  or 
any  part  thereof,  or  who  sells  any  such  engraving,  photograph,  print, 
or  impression,  except  to  the  United  States,  or  who  brings  into  the 
United  States  from  any  foreign  place  any  such  engraving,  photograph, 
print,  or  impression,  except  by  direction  of  some  proper  officer  of  the 
United  States,  or  who  has  or  retains  in  his  control  or  possession,  after 
a  distinctive  paper  has  been  adopted  by  the  Secretary  of  the  Treasury 
for  the  obligations  and  other  securities  of  the  United  States,  any  sim- 
ilar paper  adapted  to  the  making  of  any  such  obligation  or  other  secur- 
ity, except  under  the  authority  of  the  Secretary  of  the  Treasury  or 
some  other  proper  officer  of  the  United  States,  shall  be  punished  by  a 
fine  of  not  more  than  five  thousand  dollars,  or  by  imprisonment  at  hard 
labor  not  more  than  fifteen  years,  or  by  both. 

234.  Penalty  for  Passing  Counterfeit  Circulation. — (§  5431.) 
Every  person  who,  with  intent  to  defraud,  passes,  utters,  publishes,  or 
sells,  or  attempts  to  pass,  utter,  publish,  or  sell,  or  brings  into  the 
United  States  with  intent  to  pass,  publish,  utter,  or  sell,  or  keeps  in 
possession  or  conceals,  with  like  intent,  any  falsely  made,  forged,  coun- 
terfeited, or  altered  obligation,  or  other  security  of  the  United  States, 
shall  be  punished  by  a  fine  of  not  more  than  five  thousand  dollars  and 
by  imprisonment  at  hard  labor  not  more  than  fifteen  years. 

235.  Penalty  for  Taking  Unauthorized  Impression  of  Tools. — 
(§  5432.)  Every  person  who,  without  authority  from  the  United 
States,  takes,  procures,  or  makes,  upon  lead,  foil,  wax,  plaster,  paper, 
or  any  other  substance  or  material,  an  impression,  stamp,  or  imprint 
of,  from,  or  by  the  use  of,  any  bedplate,  bedpiece,  die,  roll,  plate,  seal, 
type,  or  other  tool,  implement,  instrument,  or  thing  used  or  fitted,  or 
intended  to  be  used,  in  printing,  stamping,  or  impressing,  or  in  making 
other  tools,  implements,  instruments,  or  things,  to  be  used,  or  fitted 
or  intended  to  be  used,  in  printing,  stamping,  or  impressing  any  kind 


NATIONAL  BANK  ACT.  327 

or  description  of  obligation  or  other  security  of  the  United  States,  now 
authorized  or  hereafter  to  be  authorized  by  the  United  States,  or  circu- 
lating note  or  evidence  of  debt  of  any  banking  association  under  the 
laws  thereof,  shall  be  punished  by  imprisonment  at  hard  labor  not  more 
than  ten  years,  or  by  a  fine  of  not  more  than  five  thousand  dollars,  or 
both. 

236.  Penalty  for  Having  Such  Impressions. — (§  5433.)  Every  per- 
son who,  with  intent  to  defraud,  has  in  his  possession,  keeping,  custody, 
or  control,  without  authority  from  the  United  States,  any  imprint, 
stamp,  or  impression,  taken  or  made  upon  any  substance  or  material 
whatsoever,  of  any  tool,  implement,  instrument,  or  thing  used,  or  fitted, 
or  intended  to  be  used  for  any  of  the  purposes  mentioned  in  the  preced- 
ing section;  or  who,  with  intent  to  defraud,  sells,  gives,  or  delivers 
any  such  imprint,  stamp,  or  impression  to  any  other  person,  shall  be 
punished  b}^  imprisonment  at  hard  labor  not  more  than  ten  years,  or 
by  a  fine  of  not  more  than  five  thousand  dollars. 

237.  Penalty  for  Dealing  in  Counterfeit  Circulation.— (§  5434.) 
Every  person  who  buys,  sells,  exchanges,  transfers,  receives,  or  delivers 
any  false,  forged,  counterfeited,  or  altered  obligation  or  other  security 
of  the  United  States,  or  circulating  note  of  any  banking  association 
organized  or  acting  under  the  laws  thereof,  which  has  been  or  may 
hereafter  be  issued  by  virtue  of  any  act  of  Congress,  with  the  intent 
that  the  same  be  passed,  published,  or  used  as  true  and  genuine,  shall 
be  imprisoned  at  hard  labor  not  more  than  ten  years,  or  fined  not  more 
than  five  thousand  dollars,  or  both. 

238.  Issuing  Circulation  of  Expired  Associations,  Penalty  Therefor. 
(§  5437.)  In  all  cases  where  the  charter  of  any  corporation  which 
has  been  or  may  be  created  by  act  of  Congress  has  expired  or  may 
hereafter  expire,  if  any  director,  officer,  or  agent  of  the  corporation, 
or  any  trustee  thereof,  or  any  agent  of  such  trustee,  or  any  person 
having  in  his  possession  or  under  his  control  the  property  of  the  cor- 
poration for  the  purpose  of  paying  or  redeeming  its  notes  and  obliga- 
tions, knowingly  issues,  reissues,  or  utters  as  money,  or  in  any  other 
way  knowingly  puts  in  circulation  any  bill,  note,  check,  draft,  or  other 
security  purporting  to  have  been  made  by  any  such  corporation  whose 
charter  has  expired,  or  by  any  officer  thereof,  or  purporting  to  have 
been  made  under  authority  derived  therefrom,  or  if  any  person  know- 
ingly aids  in  any  such  act,  he  shall  be  punished  by  a  fine  of  not  more 
than  ten  thousand  dollars,  or  by  imprisonment  not  less  than  one  year 
nor  more  than  five  years,  or  by  both  such  fine  and  imprisonment.  But 
nothing  herein  shall  be  construed  to  make  it  unlawful  for  any  person, 
not  being  such  director,  officer,  or  agent  of  the  corporation,  or  any 
trustee  thereof,  or  any  agent  of  such  trustee,  or  any  person  having  in 
his  possession  or  under  his  control  the  property  of  the  corporation  for 
the  purpose  hereinbefore  set  forth,  who  has  received  or  may  hereafter 
receive  such  bill,  note,  check,  draft,  or  other  security,  bona  fide  and  in 
the  ordinary  transactions  of  business  to  utter  as  money  and  otherwise 
circulate  the  same. 


328  hillyeb's  legal  manual. 

239.  Fraudulent  Notes  to  be  so  Marked  by  United  States  Officers 
and  Officers  of  National  Banks.  Act  June  30,  1876. — (§  5.)  That  all 
United  States  officers  charged  with  the  receipt  or  disbursement  of  pub- 
lic moneys,  and  all  officers  of  national  banks,  shall  stamp  or  write  in 
plain  letters  the  word  ''counterfeit,"  "altered,"  or  ''worthless,"  upon 
all  fraudulent  notes  issued  in  the  form  of  and  intended  to  circulate  as 
money  which  shall  be  presented  at  their  places  of  business;  and  if 
such  officer  shall  wrongfully  stamp  any  genuine  note  of  the  United 
States,  or  of  the  national  banks,  they  shall,  upon  presentation,  redeem 
such  notes  at  the  face  value  thereof. 

CURRENCY  ACT,  APPROVED  MARCH  14,  1900. 

240.  Gold  Dollar  Declared  to  be  Standard  Unit  of  Value.— Be  it 

enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  the  dollar  consisting 
of  twenty-five  and  eight-tenths  grains  of  gold  nine-tenths  fine,  as  estab- 
lished by  section  3511  of  the  Revised  Statutes  of  the  United  States, 
shall  be  the  standard  unit  of  value,  and  all  forms  of  money  issued  or 
coined  by  the  United  States  shall  be  maintained  at  a  parity  of  value 
with  this  standard,  and  it  shall  be  the  duty  of  the  Secretary  of  the 
Treasury  to  maintain  such  parity. 

241.  Secretary  of  Treasury  to  Set  Apart  and  Maintain  a  Gold  Re- 
serve of  One  Hundred  and  Fifty  Million  Dollars  in  Gold  Coin  and 
Bullion  for  the  Redemption  of  United  States  Notes  and  Notes  Issued 
Under  Act  of  July  14,  1890 — May  Sell  Bonds  to  Replenish  Reserve. — 
(§  2.)  That  United  States  notes,  and  Treasury  notes  issued  under  the 
act  of  July  fourteenth,  eighteen  hundred  and  ninety,  when  presented 
to  the  Treasury  for  redemption,  shall  be  redeemed  in  gold  coin  of  the 
standard  fixed  in  the  first  section  of  this  act,  and  in  order  to  secure 
the  prompt  and  certain  redemption  of  such  notes  as  herein  provided 
it  shall  be  the  duty  of  the  Secretary  of  the  Treasury  to  set  apart  in 
the  Treasury  a  reserve  fund  of  one  hundred  and  fifty  million  dollars 
in  gold  coin  and  bullion,  which  fund  shall  be  used  for  such  redemp- 
tion purposes  only,  and  w^henever  and  as  often  as  any  of  said  notes 
shall  be  redeemed  from  said  fund  it  shall  be  the  duty  of  the  Secretary 
of  the  Treasury  to  use  said  notes  so  redeemed  to  restore  and  main- 
tain such  reserve  fund  in  the  manner  following,  to  wit:  First,  by  ex- 
changing the  notes  so  redeemed  for  any  gold  coin  in  the  general  fund 
of  the  Treasury;  second,  by  accepting  deposits  of  gold  coin  at  the 
Treasury  or  at  any  subtreasury  in  exchange  for  the  United  States  notes 
so  redeemed;  third,  by  procuring  gold  coin  by  the  use  of  said  notes, 
in  accordance  with  the  provisions  of  section  3700  of  the  Revised  Stat- 
utes of  the  United  States.  If  the  Secretary  of  the  Treasury  is  unable 
to  restore  and  maintain  the  gold  coin  in  the  reserve  fund  by  the  fore- 
going methods,  and  the  amount  of  such  gold  coin  and  bullion  in  said 
fund  shall  at  any  time  fall  below  one  hundred  million  dollars,  then  it 
shall  be  his  duty  to  restore  the  same  to  the  maximum  sum  of  one  hun- 
dred and  fifty  million  dollars  by  borrowing  money  on  the  credit  of 


NATIONAL  BANK  ACT.  329 

the  United  States,  and  for  the  debt  thus  incurred  to  issue  and  sell 
coupon  or  registered  bonds  of  the  United  States,  in  such  form  as  he 
may  prescribe,  in  denominations  of  fifty  dollars  or  any  multiple  thereof,- 
bearing  interest  at  the  rate  of  not  exceeding  three  per  centum  per 
annum,  payable  quarterly,  such  bonds  to  be  payable  at  the  pleasure 
of  the  United  States  after  one  year  from  the  date  of  their  issue,  and 
to  be  payable,  principal  and  interest,  in  gold  coin  of  the  present  stand- 
ard value,  and  to  be  exempt  from  the  payment  of  all  taxes  or  duties 
of  the  United  States,  as  well  as  from  taxation  in  any  form  by  or  under 
State,  municipal,  or  local  authority;  and  the  gold  coin  received  from 
the  sale  of  said  bonds  shall  first  be  covered  into  the  general  fund  of 
the  Treasury  and  then  exchanged,  in  the  manner  hereinbefore  pro- 
vided, for  an  equal  amount  of  the  notes  redeemed  and  held  for  ex- 
change, and  the  Secretary  of  the  Treasury  may,  in  his  discretion,  use 
said  notes  in  exchange  for  gold,  or  to  purchase  or  redeem  any  bonds 
of  the  United  States,  or  for  any  other  lawful  purpose  the  public  inter- 
ests may  require,  except  that  they  shall  not  be  used  to  meet  deficiencies 
in  the  current  revenues.  That  United  States  notes  when  redeemed  in 
accordance  with  the  provisions  of  this  section  shall  be  reissued,  but 
shall  be  held  in  the  reserve  fund  until  exchanged  for  gold,  as  herein 
provided;  and  the  gold  coin  and  bullion  in  the  reserve  fund,  together 
with  the  redeemed  notes  held  for  use  as  provided  in  this  section,  shall 
at  no  time  exceed  the  maximum  sum  of  one  hundred  and  fifty  million 
dollars. 

242.  Silver  Dollar  to  Remain  Legal  Tender.— (§  3.)  That  nothing 
contained  in  this  act  shall  be  construed  to  affect  the  legal  tender  qual- 
ity as  now  provided  by  law  of  the  silver  dollar,  or  of  any  other  money 
coined  or  issued  by  the  United  States. 

243.  Divisions  of  Issue  and  Redemption  Established. — (§  4.)  That 
there  be  established  in  the  Treasurj^  Department,  as  a  part  of  the  office 
of  the  Treasurer  of  the  United  States,  divisions  to  be  designated  and 
known  as  the  division  of  issue  and  the  division  of  redemption,  to  which 
shall  be  assigned,  respectively,  under  such  regulations  as  the  Secretary 
of  the  Treasury  may  approve,  all  records  and  accounts  relating  to  the 
issue  and  redemption  of  United  States  notes,  gold  certificates,  silver 
certificates,  and  currency  certificates.  There  shall  be  transferred  from 
the  accounts  of  the  general  fund  of  the  Treasury  of  the  United  States, 
and  taken  up  on  the  books  of  said  divisions,  respectively,  accounts  re- 
lating to  the  reserve  fund  for  the  redemption  of  United  States  notes 
and  Treasury  notes,  the  gold  coin  held  against  outstanding  gold  cer- 
tificates, the  United  States  notes  held  against  outstanding  currency 
certificates,  and  the  silver  dollars  held  against  outstanding  silver  cer- 
tificates, and  each  of  the  funds  represented  by  these  accounts  shall  be 
used  for  the  redemption  of  the  notes  and  certificates  for  which  they 
are  respectively  pledged,  and  shall  be  used  for  no  other  purpose,  the 
same  being  held  as  trust  funds. 

244.  When  Silver  Dollars  are  Coined  from  Bullion  Purchased  Under 
Act  of  July  14,  1890,  an  Equal  Amount  of  Treasury  Notes  to  be  Can- 


330  hillyer's  legal  manual. 

celed  and  Silver  Certificates  Issued.^(§  5.)  That  it  shall  be  the  duty 
of  the  Secretary  of  the  Treasury,  as  fast  as  standard  silver  dollars 
are  coined  under  the  provisions  of  the  acts  of  July  fourteenth,  eighteen 
hundred  and  ninety,  and  June  thirteenth,  eighteen  hundred  and  ninety- 
eight,  from  bullion  purchased  under  the  act  of  July  fourteenth,  eigh- 
teen hundred  and  ninety,  to  retire  and  cancel  an  equal  amount  of 
Treasury  notes  whenever  received  into  the  Treasury,  either  by  ex- 
change in  accordance  with  the  provisions  of  this  act  or  in  the  ordinary 
course  of  business,  and  upon  the  cancellation  of  Treasury  notes  silver 
certificates  shall  be  issued  against  the  silver  dollars  so  coined. 

245.  Issue  of  Gold  Certificates— Issue  of  Gold  Certificates  Payable 
to  Order.— (§  6.)  [As  amended  by  acts  of  March  4,  1907,  and  March  2, 
1911.]  That  the  Secretary  of  the  Treasury  is  hereby  authorized  and 
directed  to  receive  deposits  of  gold  coin  with  the  Treasurer  or  any 
assistant  treasurer  of  the  United  States  in  sums  of  not  less  than  twenty 
dollars,  and  to  issue  gold  certificates  therefor  in  denominations  of  not 
less  than  ten  dollars,  and  the  coin  so  deposited  shall  be  retained  in  the 
Treasury  and  held  for  the  payment  of  such  certificates  on  demand,  and 
used  for  no  other  purpose.  Such  certificates  shall  be  receivable  for 
customs,  taxes,  and  all  public  dues,  and  when  so  received  may  be  re- 
issued, and  when  held  by  any  national  banking  association  may  be 
counted  as  a  part  of  its  lawful  reserve :  Provided,  That  whenever  and 
so  long  as  the  gold  coin  and  bullion  held  in  the  reserve  fund  in  the 
Treasury  for  the  redemption  of  United  States  notes  and  Treasury  notes 
shall  fall  and  remain  below  one  hundred  million  dollars  the  authority 
to  issue  certificates  as  herein  provided  shall  be  suspended:  And  pro- 
vided further.  That  whenever  and  so  long  as  the  aggregate  amount  of 
United  States  notes  and  silver  certificates  in  the  general  fund  of  the 
Treasury  shall  exceed  sixty  million  dollars  the  Secretary  of  the  Treas- 
ury may,  in  his  discretion,  suspend  the  issue  of  the  certificates  herein 
provided  for :  And  provided  further.  That  of  the  amount  of  such  out- 
standing certificates  one-fourth  at  least  shall  be  in  denominations  of 
fifty  dollars  or  less :  And  provided,  further.  That  the  Secretary  of  the 
Treasury  may,  in  his  discretion,  issue  such  certificates  in  denomina- 
tions of  ten  thousand  dollars,  payable  to  order:  And  provided  further. 
That  the  Secretary  of  the  Treasury  may,  in  his  discretion,  receive,  with 
the  assistant  treasurer  in  New  York  and  the  assistant  treasurer  in 
San  Francisco,  deposits  of  foreign  gold  coin  at  their  bullion  value  in 
amounts  of  not  less  than  one  thousand  dollars  in  value  and  issue  gold 
certificates  therefor  of  the  description  herein  authorized:  And  provided 
further.  That  the  Secretary  of  the  Treasury  may,  in  his  discretion,  re- 
ceive, with  the  Treasurer  or  any  assistant  treasurer  of  the  United 
States,  deposits  of  gold  bullion  bearing  the  stamp  of  the  coinage  mints 
of  the  United  States,  or  the  assay  office  in  New  York,  certifying  their 
weight,  fineness,  and  value,  in  amounts  of  not  less  than  one  thousand 
dollars  in  value,  and  issue  gold  certificates  therefor  of  the  description 
herein  authorized.  But  the  amount  of  gold  bullion  and  foreign  coin  so 
held  shall  not  at  any  time  exceed  one-third  of  the  total  amount  of  gold 


NATIONAL  BANK  ACT.  331 

certificates  at  such  time  outstanding..    And  section  5193  of  the  Revised 
Statutes  of  the  United  States  is  hereby  repealed. 

246.  Issue  of  Silver  Certificates. — (§  7.)  That  hereafter  silver  cer- 
tificates shall  be  issued  only  of  denominations  of  ten  dollars  and  under 
except  that  not  exceeding  in  the  aggregate  ten  per  centum  of  the  total 
volume  of  said  certificates,  in  the  discretion  of  the  Secretary  of  the 
Treasury,  may  be  issued  in  denominations  of  twenty  dollars,  fifty  dol- 
lars, and  one  hundred  dollars ;  and  silver  certificates  of  higher  denom- 
ination than  ten  dollars,  except  as  herein  provided,  shall,  whenever 
received  at  the  Treasury  or  redeemed,  be  retired  and  canceled,  and 
certificates  of  denominations  of  ten  dollars  or  less  shall  be  substituted 
therefor,  and  after  such  substitution,  in  whole  or  in  part,  a  like  volume 
of  United  States  notes  of  less  denomination  than  ten  dollars  shall  from 
time  to  time  be  retired  and  canceled,  and  notes  of  denominations  of  ten 
dollars  and  upward  shall  be  reissued  in  substitution  therefor,  with  like 
qualities  and  restrictions  as  those  retired  and  canceled. 

247.  Subsidiary  Silver  Coinage.— (§  8.)  That  the  Secretary  of 
the  Treasury  is  hereby  authorized  to  use,  at  his  discretion,  any  silver 
bullion  in  the  Treasury  of  the  United  States  purchased  under  the  act 
of  July  fourteenth,  eighteen  hundred  and  ninety,  for  coinage  into  such 
denominations  of  subsidiary  silver  coin  as  may  be  necessary  to  meet  the 
public  requirements  for  such  coin :  Provided,  That  the  amount  of  sub- 
sidiary silver  coin  outstanding  shall  not  at  any  time  exceed  in  the  aggre- 
gate one  hundred  millions  of  dollars.  Whenever  any  silver  bullion 
purchased  under  the  act  of  July  fourteenth,  eighteen  hundred  and 
ninety,  shall  be  used  in  the  coinage  of  subsidiary  silver  coin,  an  amount 
of  Treasury  notes  issued  under  said  act  equal  to  the  cost  of  the  bullion 
contained  in  such  coin  shall  be  canceled  and  not  reissued. 

248.  Recoinage  of  Uncurrent  Subsidiary  Silver  Coin. — (§  9.)  That 
the  Secretary  of  the  Treasury  is  hereby  authorized  and  directed  to  cause 
all  worn  and  uncurrent  subsidiary  silver  coin  of  the  United  States  now 
in  the  Treasury,  and  hereafter  received,  to  be  recoined,  and  to  reim- 
burse the  Treasurer  of  the  United  States  for  the  difference  between  the 
nominal  or  face  value  of  such  coin  and  the  amount  the  same  will  pro- 
duce in  new  coin  from  any  moneys  in  the  Treasury  not  otherwise  appro- 
priated. 

249.  (§  10.)     See  par.  34. 

250.  Refunding  of  United  States  Bonds.— (§  11.)  That  the  Secre- 
tary of  the  Treasury  is  hereby  authorized  to  receive  at  the  Treasury  any 
of  the  outstanding  bonds  of  the  United  States  bearing  interest  at  five 
per  centum  per  annum,  payable  February  first,  nineteen  hundred  and 
four,  and  any  bonds  of  the  United  States  bearing  interest  at  four  per 
centum  per  annum,  payable  July  first,  nineteen  hundred  and  seven,  and 
any  bonds  of  the  United  States  bearing  interest  at  three  per  centum  per 
annum,  payable  August  first,  nineteen  hundred  and  eight,  and  to  issue 
in  exchange  therefor  an  equal  amount  of  coupon  or  registered  bonds  of 
the  United  States  in  such  form  as  he  may  prescribe,  in  denominations  of 


332 

fifty  dollars  or  any  multiple  thereof,  bearing  interest  at  the  rate  of  two 
per  centum  per  annum,  payable  quarterly,  such  bonds  to  be  payable  at 
the  pleasure  of  the  United  States  after  thirty  years  from  the  date  of 
their  issue,  and  said  bonds  to  be  payable,  principal  and  interest,  in  gold 
coin  of  the  present  standard  value,  and  to  be  exempt  from  the  payment 
of  all  taxes  or  duties  of  the  United  States,  as  well  as  from  taxation  in 
any  form  by  or  under  State,  municipal,  or  local  authority:  Provided, 
That  such  outstanding  bonds  may  be  received  in  exchange  at  a  valuation 
not  greater  than  their  present  worth  to  yield  an  income  of  two  and 
one-quarter  per  centum  per  annum;  and  in  consideration  of  the  reduc- 
tion of  interest  effected,  the  Secretary  of  the  Treasury  is  authorized  to 
pay  to  the  holders  of  the  outstanding  bonds  surrendered  for  exchange, 
out  of  any  money  in  the  Treasury  not  otherwise  appropriated,  a  sum 
not  greater  than  the  difference  between  their  present  worth,  computed 
as  aforesaid,  and  their  par  value,  and  the  payments  to  be  made  here- 
under shall  be  held  to  be  payments  on  account  of  the  sinking  fund 
created  by  section  3694  of  the  Revised  Statutes :  And  provided  further. 
That  the  two  per  centum  bonds  to  be  issued  under  the  provisions  of  this 
act  shall  be  issued  at  not  less  than  par,  and  they  shall  be  numbered 
consecutively  in  the  order  of  their  issue,  and  when  payment  is  made  the 
last  numbers  issued  shall  be  first  paid,  and  this  order  shall  be  followed 
until  all  the  bonds  are  paid,  and  whenever  any  of  the  outstanding  bonds 
are  called  for  payment  interest  thereon  shall  cease  three  months  after 
such  call;  and  there  is  herebj^  appropriated  out  of  any  money  in  the 
Treasury  not  otherwise  appropriated,  to  effect  the  exchanges  of  bonds 
provided  for  in  this  act,  a  sum  not  exceeding  one-fifteenth  of  one  per 
centum  of  the  face  value  of  said  bonds,  to  pay  the  expense  of  preparing 
and  issuing  the  same  and  other  expenses  incident  thereto. 
•   251.     (§  12.)     See  par.  74. 

252.  (§  13.)     See  par.  156. 

253.  International  Bimetallism. — (§  14.)  That  the  provisions  of 
this  act  are  not  intended  to  preclude  the  accomplishment  of  interna- 
tional bimetallism  whenever  conditions  shall  make  it  expedient  and 
practicable  to  secure  the  same  by  concurrent  action  of  the  leading 
commercial  nations  of  the  world  and  at  a  ratio  which  shall  insure  per- 
manence of  relative  value  between  gold  and  silver. 

254.  (§1.)     Act  March  4,  1907.     See  par.  245. 

255.  Issue  of  Treasury  Notes. — (§  2.)  That  whenever  and  so  long 
as  the  outstanding  silver  certificates  of  the  denominations  of  one  dollar, 
two  dollars,  and  five  dollars,  issued  under  the  provisions  of  section  7 
of  an  act  entitled  ''An  act  to  defi.ne  and  fix  the  standard  of  value,  to 
maintain  the  parity  of  all  forms  of  money  issued  or  coined  by  the 
United  States,  to  refund  the  public  debt,  and  for  other  purposes," 
approved  March  fourteenth,  nineteen  hundred,  shall  be,  in  the  opinion 
of  the  Secretary  of  the  Treasury  insufficient  to  meet  the  public  demand 
therefor,  he  is  hereby  authorized  to  issue  United  States  notes  of  the 
denominations  of  one  dollar,  tw^o  dollars,  and  five  dollars,  and  upon 


NATIONAL  BANK  ACT.  333 

the  issue  of  United  States  notes  of  such  denominations  an  equal  amount 
of  United  States  notes  of  higher  denominations  shall  be  retired  and 
canceled:  Provided,  however,  That  the  aggregate  amount  of  United 
States  notes  at  any  time  outstanding  shall  remain  as  at  present  fixed 
by  law:  And  provided  further,  That  nothing  in  this  act  shall  be  con- 
strued as  affecting  the  right  of  any  national  bank  to  issue  one-third  in 
amount  of  its  circulating  notes  of  the  denomination  of  five  dollars,  as 
now  provided  by  law. 

256.  (§3.)     See  par.  50. 

257.  (§  4.)     See  par.  67. 

TARIFF  ACT  APPROVED  AUGUST  5,  1909. 

258.  Excise  Tax  on  Corporations. — (§38.)     (Superseded  by  income 
tax  law  of  1913.     See  p.  113,  ante  ) 

259.  Panama  Canal  Bonds^ — Additional  Issue  Authorized  at  Rate  of 
Interest  not  to  Exceed  Three  Per  Cent  Per  Annum.— (§  39.)  That 
the  Secretary  of  the  Treasury  is  hereby  authorized  to  borrow  on  the 
credit  of  the  United  States  from  time  to  time,  as  the  proceeds  may  be 
required  to  defray  expenditures  on  account  of  the  Panama  Canal  and  to 
reimburse  the  Treasury  for  such  expenditures  already  made  and  not 
covered  by  previous  issues  of  bonds,  the  sum  of  two  hundred  and  ninety 
million  five  hundred  and  sixty-nine  thousand  dollars  (which  sum  to- 
gether with  the  eighty-four  million  six  hundred  and  thirty-one  thou- 
sand nine  hundred  dollars  already  borrowed  upon  issues  of  two  per 
cent  bonds  under  section  eight  of  the  act  of  June  twenty-eight,  nine- 
teen hundred  and  two,  equals  the  estimate  of  the  Isthmian  Canal  Com- 
mission to  cover  the  entire  cost  of  the  canal  from  its  inception  to  its 
completion),  and  to  prepare  and  issue  therefor  a  coupon  or  registered 
bonds  of  the  United  States  in  such  form  as  he  may  prescribe,  and  in 
denominations  of  one  hundred  dollars,  five  hundred  dollars,  and  one 
thousand  dollars,  payable  fifty  years  from  the  date  of  issue,  and  bearing 
interest  payable  quarterly  in  gold  coin  at  a  rate  not  exceeding  three  per 
centum  per  annum;  and  the  bonds  herein  authorized  shall  be  exempt 
from  all  taxes  or  duties  of  the  United  States,  as  well  as  from  taxation 
in  any  form  by  or  under  State,  municipal,  or  local  authority ;  Provided, 
That  said  bonds  may  be  disposed  of  by  the  Secretary  of  the  Treasury 
at  not  less  than  par,  under  such  regulations  as  he  may  prescribe,  giving 
to  all  citizens  of  the  United  States  an  equal  opportunity  to  subscribe 
therefor,  but  no  commissions  shall  be  allowed  or  paid  thereon;  and  a  sum 
not  exceeding  one-tenth  of  one  per  centum  of  the  amount  of  the  bonds 
herein  authorized  is  hereby  appropriated,  out  of  any  money  in  the  Treas- 
ury not  otherwise  appropriated,  to  pay  the  expenses  of  preparing,  ad- 
vertising, and  issuing  the  same ;  and  the  authority  contained  in  section 
eight  of  the  act  of  June  twenty-eight,  nineteen  hundred  and  two,  for  the 
issue  of  bonds  bearing  interest  at  two  per  centum  per  annum,  is  hereby 
repealed. 


334  hillyer's  legal  manual. 

260.  Panama  Canal  Bonds  Issued  Under  Act  of  August  5,  1909,  not 
Receivable  as  Security  for  the  Issue  of  Circulating  Notes  to  National 
Banks. — Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  the  Secretary 
of  the  Treasury  be,  and  he  is  hereby,  authorized  to  insert  in  the  bonds 
to  be  issued  by  him  under  section  thirty-nine  of  an  act  entitled  "An  act 
to  provide  revenue,  equalize  duties,  and  encourage  the  industries  of  the 
United  States,  and  for  other  purposes, ' '  approved  August  fifth,  nineteen 
hundred  and  nine,  a  provision  that  such  bonds  shall  not  be  receivable 
by  the  Treasurer  of  the  United  States  as  security  for  the  issue  of  circu- 
lating notes  to  national  banks;  and  the  bonds  containing  such  provision 
shall  not  be  receivable  for  that  purpose. 

ACT  MARCH  2,  1911. 

261.  Certified  Checks  Drawn  on  National  and  State  Banks  Receiv- 
able for  Duties  on  Imports  and  Internal  Taxes. — Be  it  enacted  by  the 
Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled.  That  it  shall  be  lawful  for  collectors  of  customs 
and  of  internal  revenue  to  receive  for  duties  on  imports  and  internal 
taxes  certified  checks  drawn  on  national  and  State  banks,  and  trust 
companies  during  such  time  and  under  such  regulations  as  the  Secre- 
tary of  the  Treasury  may  prescribe.  No  person,  however,  who  may  be 
indebted  to  the  United  States  on  account  of  duties  on  imports  or  internal 
taxes  who  shall  have  tendered  a  certified  check  or  checks  as  provisional 
payment  for  such  duties  or  taxes,  in  accordance  with  the  terms  of  this 
act,  shall  be  released  from  the  obligation  to  make  ultimate  payment 
thereof  until  such  certified  check  so  received  has  been  duly  paid ;  and  if 
any  such  check  so  received  is  not  duly  paid  by  the  bank  on  which  it  is 
drawn  and  so  certifying,  the  United  States  shall,  in  addition  to  its  right 
to  exact  payment  from  the  party  originally  indebted  therefor,  have 
a  lien  for  the  amount  of  such  check  upon  all  the  assets  of  such  bank; 
and  such  amount  shall  be  paid  out  of  its  assets  in  preference  to  any  or 
all  other  claims  whatsoever  against  said  bank,  except  the  necessary  costs 
and  expenses  of  administration  and  the  reimbursement  of  the  United 
States  for  the  amount  expended  in  the  redemption  of  the  circulating 
notes  of  such  bank. 

§  2.  That  this  act  shall  be  effective  on  and  after  June  first,  nine- 
teen hundred  and  eleven. 


FEDERAL  RESERVE  ACT. 

Short  Title. — The  short  title  of  this  act  shall  be  the  ''Federal  Re- 
serve Act." 

"Bank"  Defined. — ^Wherever  the  word  "bank"  is  used  in  this  act, 
the  word  shall  be  held  to  include  State  bank,  banking  association,  and 
trust  company,  except  where  national  banks  or  federal  reserve  banks 
are  specifically  referred  to.  


FEDERAL  RESERVE  ACT.  335 

Definitions. — The  terms  ''national  bank"  and  ''national  banking 
association"  used  in  this  act  shall  be  held  to  be  synonymous  and  inter- 
changeable. The  term  "member  bank"  shall  be  held  to  mean  any 
national  bank,  State  bank,  or  bank  or  trust  company  which  has 
become  a  member  of  one  of  the  reserve  banks  created  by  this  act. 
The  term  "board"  shall  be  held  to  mean  Federal  Reserve  Board;  the 
term  "district"  shall  be  held  to  mean  federal  reserve  district ;  the 
term  "reserve  bank"  shall  be  held  to  mean  federal  reserve  bank. 

FEDERAL  RESERVE  DISTRICTS. 

§  2.  Federal  Reserve  Cities  and  Districts. — As  soon  as  practicable, 
the  Secretary  of  the  Treasury,  the  Secretary  of  Agriculture  and  the 
Comptroller  of  the  Currency,  acting  as  "The  Reserve  Bank  Organiza- 
tion Committee,"  shall  designate  not  less  than  eight  nor  more  than 
twelve  cities  to  be  known  as  federal  reserve  cities,  and  shall  divide 
the  continental  United  States,  excluding  Alaska,  into  districts,  each 
district  to  contain  only  one  of  such  federal  reserve  cities.  The  deter- 
mination of  said  organization  committee  shall  not  be  subject  to  review 
except  by  the  Federal  Reserve  Board  when  organized :  Provided,  That 
the  districts  shall  be  apportioned  with  due  regard  to  the  convenience 
and  customary  course  of  business  and  shall  not  necessarily  be  coter- 
minous with  any  State  or  States.  The  districts  thus  created  may  be 
readjusted  and  new  districts  may  from  time  to  time  be  created  by  the 
Federal  Reserve  Board,  not  to  exceed  twelve  in  all.  Such  districts 
shall  be  known  as  federal  reserve  districts  and  may  be  designated  by 
number.  A  majority  of  the  organization  committee  shall  constitute 
a  quorum  with  authority  to  act. 

Organization  Committee. — Said  organization  committee  shall  be 
authorized  to  employ  counsel  and  expert  aid,  to  take  testimony,  to 
send  for  persons  and  papers,  to  administer  oaths,  and  to  make  investi- 
gation as  may  be  deemed  necessary  by  the  said  committee  in  deter- 
mining the  reserve  districts  and  in  designating  the  cities  within  such 
districts  where  such  federal  reserve  banks  shall  be  severally  located. 

Federal  Reserve  Bank. — The  said  committee  shall  supervise  the 
organization  in  each  of  the  cities  designated  of  a  federal  reserve  bank, 
which  shall  include  in  its  title  the  name  of  the  city  in  which  it  is 
situated,  as  "Federal  Reserve  Bank  of  Chicago." 

Acceptance  of  the  Terms  and  Provisions. — ^Under  regulations  to  be 
prescribed  by  the  organization  committee,  every  national  banking  asso- 
ciation in  the  United  States  is  hereby  required,  and  every  eligible 
bank  in  the  United  States  and  every  trust  company  within  the  District 
of  Columbia,  is  hereby  authorized  to  signify  in  writing,  within  sixty 
days  after  the  passage  of  this  act,  its  acceptance  of  the  terms  and  pro- 
visions hereof.  When  the  organization  committee  shall  have  desig- 
nated the  cities  in  which  federal  reserve  banks  are  to  be  organized, 
and  fixed  the  geographical  limits  of  the  federal  reserve  districts,  every 
national  banking  association  within  that  district  shall  be  required 
within  thirty  days  after  notice  from  the  organization  committee,  to 


336  hillyer's  legal  manual. 

subscribe  to  the  capital  stock  of  such  federal  reserve  bank  in  a  sum 
equal  to  six  per  centum  of  the  paid-up  capital  stock  and  surplus  of 
such  bank,  one-sixth  of  the  subscription  to  be  payable  on  call  of  the 
organization  committee  or  of  the  Federal  Reserve  Board,  one-sixth 
within  three  months  and  one-sixth  within  six  months  thereafter,  and 
the  remainder  of  the  subscription,  or  any  part  thereof,  shall  be  sub- 
ject to  call  when  deemed  necessary  by  the  Federal  Reserve  Board,  said 
payments  to  be  in  gold  or  gold  certificates. 

Shareholders  Responsible. — The  shareholders  of  every  federal  reserve 
bank  shall  be  held  individually  responsible,  equally  and  ratably,  and 
not  one  for  another,  for  all  contracts,  debts,  and  engagements  of  such 
bank  to  the  extent  of  the  amount  of  their  subscriptions  to  such  stock 
at  the  par  value  thereof  in  addition  to  the  amount  subscribed,  whether 
such  subscriptions  have  been  paid  up  in  whole  or  in  part,  under  the 
provisions  of  this  act. 

Bank  Failing  to  Signify  Acceptance. — Any  national  bank  failing  to 
signify  its  acceptance  of  the  terms  of  this  act  within  the  sixty  days 
aforesaid,  shall  cease  to  act  as  a  reserve  agent,  upon  thirty  days' 
notice,  to  be  given  within  the  discretion  of  the  said  organization  com- 
mittee or  of  the  Federal  Reserve  Board. 

Noncompliance  With  or  Violation  of  Act. — Should  any  national 
banking  association  in  the  United  States  now  organized  fail  within  one 
year  after  the  passage  of  this  act  to  become  a  member  bank  or  fail 
to  comply  with  any  of  the  provisions  of  this  act  applicable  thereto,  all 
of  the  rights,  privileges,  and  franchises  of  such  association  granted  to 
it  under  the  national  bank  act,  or  under  the  provisions  of  this  act, 
shall  be  thereby  forfeited.  Any  noncompliance  with  or  violation  of 
this  act  shall,  how^ever,  be  determined  and  adjudged  by  any  court  of 
the  United  States  of  competent  jurisdiction  in  a  suit  brought  for  that 
purpose  in  the  district  or  territory  in  which  such  bank  is  located,  under 
direction  of  the  Federal  Reserve  Board,  by  the  Comptroller  of  the  Cur- 
rency in  his  own  name  before  the  association  shall  be  declared  dis- 
solved. In  cases  of  such  noncompliance  or  violation,  other  than  the 
failure  to  become  a  member  bank  under  the  provisions  of  this  act, 
every  director  who  participated  in  or  assented  to  the  same  shall  be 
held  liable  in  his  personal  or  individual  capacity  for  all  damages 
which  said  bank,  its  shareholders,  or  any  other  person  shall  have  sus- 
tained in  consequence  of  such  violation. 

Dissolution  shall  not  Impair  Remedy. — Such  dissolution  shall  not 
take  away  or  impair  any  remedy  against  such  corporation,  its  stock- 
holders or  officers,  for  any  liability  or  penalty  which  shall  have  been 
previously  incurred. 

Public  Subscription. — Should  the  subscriptions  by  banks  to  the  stock 
of  said  federal  reserve  banks  or  any  one  or  more  of  them  be,  in  the 
judgment  of  the  organization  conunittee,  insufficient  to  provide  the 
amount  of  capital  required  therefor,  then  and  in  that  event  the  said 
organization  committee  may,  under  conditions  and  regulations  to  be 
prescribed  by  it,  offer  to  public  subscription  at  par  such  an  amount 


FEDERAL  RESERVE  ACT.  337 

of  stock  in  said  federal  reserve  banks,  or  any  one  or  more  of  them, 
as  said  committee  shall  determine,  subject  to  the  same  conditions  as 
to  payment  and  stock  liability  as  provided  for  member  banks. 

Public  Stock. — No  individual,  copartnership,  or  corporation  other 
than  a  member  bank  of  its  district  shall  be  permitted  to  subscribe  for 
or  to  hold  at  any  time  more  than  $25,000  par  value  of  stock  in  any 
federal  reserve  bank.  Such  stock  shall  be  known  as  public  stock  and 
may  be  transferred  on  the  books  of  the  federal  reserve  bank  by  the 
chairman  of  the  board  of  directors  of  such  bank. 

United  States  Stock. — Should  the  total  subscriptions  by  banks  and 
the  public  to  the  stock  of  said  federal  reserve  banks,  or  any  one  or 
more  of  them,  be,  in  the  judgment  of  the  organization  committee, 
insufficient  to  provide  the  amount  of  capital  required  therefor,  then 
and  in  that  event  the  said  organization  committee  shall  allot  to  the 
United  States  such  an  amount  of  said  stock  as  said  committee  shall 
determine.  Said  United  States  stock  shall  be  paid  for  at  par  out  of 
any  money  in  the  Treasury  not  otherwise  appropriated,  and  shall  be 
held  by  the  Secretary  of  the  Treasury  and  disposed  of  for  the  benefit 
of  the  United  States  in  such  manner,  at  such  times,  and  at  such  price, 
not  less  than  par,  as  the  Secretary  of  the  Treasury  shall  determine. 

Voting  Power. — Stock  not  held  by  member  banks  shall  not  be  en- 
titled to  voting  power. 

Rules  and  Regulations. — The  Federal  Reserve  Board  is  hereby  em- 
powered to  adopt  and  promulgate  rules  and  regulations  governing  the 
transfers  of  said  stock. 

Subscribed  Capital. — No  federal  reserve  bank  shall  commence  busi- 
ness with  a  subscribed  capital  less  than  $4,000,000.  The  organization 
of  reserve  districts  and  federal  reserve  cities  shall  not  be  construed 
as  changing  the  present  status  of  reserve  cities  and  central  reserve 
cities,  except  in  so  far  as  this  act  changes  the  amount  of  reserves  that 
may  be  carried  with  approved  reserve  agents  located  therein.  The 
organization  committee  shall  have  power  to  appoint  such  assistants  and 
incur  such  expenses  in  carrying  out  the  provisions  of  this  act  as  it 
shall  deem  necessary,  and  such  expenses  shall  be  payable  by  the  Treas- 
urer of  the  United  States  upon  voucher  approved  by  the  Secretarj^  of 
the  Treasury,  and  the  sum  of  $100,000,  or  so  much  thereof  as  may  be 
necessary,  is  hereby  appropriated,  out  of  any  moneys  in  the  treasury 
not  otherwise  appropriated,  for  the  payment  of  such  expenses. 

BRANCH  OFFICES. 

§  3.  Branch  Banks. — Each  federal  reserve  bank  shall  establish 
branch  banks  within  the  federal  reserve  district  in  which  it  is  located 
and  may  do  so  in  the  district  of  any  federal  reserve  bank  which  may 
have  been  suspended.  Such  branches  shall  be  operated  by  a  board  of 
directors  under  rules  and  regulations  approved  by  the  Federal  Reserve 
Board. 

Directors  of  Branch  Banks. — Directors  of  branch  banks  shall  possess 
the  same  qualifications  as  directors  of  the  federal  reserve  banks.  Four 
22 


338 

of  said  directors  shall  be  selected  by  the  reserve  bank  and  three  by 
the  Federal  Reserve  Board,  and  they  shall  hold  office  during  the 
pleasure,  respectively,  of  the  parent  bank  and  the  Federal  Reserve 
Board. 

Manager. — The  reserve  bank  shall  designate  one  of  the  directors  as 
manager. 

§  4.  Certificate  Showing  Geographical  Limits  of  Districts. — When 
the  organization  committee  shall  have  established  federal  reserve  dis- 
tricts as  provided  in  section  2  of  this  act,  a  certificate  shall  be  filed 
with  the  Comptroller  of  the  Currency  showing  the  geographical  limits 
of  such  districts  and  the  federal  reserve  city  designated  in  each  of 
such  districts. 

Application  Blank. — The  Comptroller  of  the  Currency  shall  there- 
upon cause  to  be  forwarded  to  each  national  bank  located  in  each  dis- 
trict, and  to  such  other  banks  declared  to  be  eligible  by  the  organiza- 
tion committee  which  may  apply  therefor,  an  application  blank  in 
form  to  be  approved  by  the  organization  committee^  which  blank  shall 
contain  a  resolution  to  be  adopted  by  the  board  of  directors  of  each 
bank  executing  such  application,  authorizing  a  subscription  to  the 
capital  stock  of  the  federal  reserve  bank  organizing  in  that  district  in 
accordance  with  the  provisions  of  this  act. 

Organization  Certificate. — When  the  minimum  amount  of  capital 
stock  prescribed  by  this  act  for  the  organization  of  any  federal  reserve 
bank  shall  have  been  subscribed  and  allotted,  the  organization  com- 
mittee shall  designate  any  five  banks  of  those  whose  applications  have 
been  received,  to  execute  a  certificate  of  organization,  and  thereupon 
the  banks  so  designated  shall,  under  their  seals,  make  an  organiza- 
tion certificate  which  shall  specifically  state  the  name  of  such  federal 
reserve  bank,  the  territorial  extent  of  the  district  over  which  the 
operations  of  such  federal  reserve  bank  are  to  be  carried  on,  the  city 
and  State  in  which  said  bank  is  to  be  located,  the  amount  of  capital 
stock  and  the  number  of  shares  into  which  the  same  is  divided,  the 
name  and  place  of  doing  business  of  each  bank  executing  such  certifi- 
cate, and  of  all  banks  which  have  subscribed  to  the  capital  stock  of 
such  federal  reserve  bank  and  the  number  of  shares  subscribed  by 
each,  and  the  fact  that  the  certificate  is  made  to  enable  those  banks 
executing  same,  and  all  banks  which  have  subscribed  or  may  thereafter 
subscribe  to  the  capital  stock  of  such  federal  reserve  bank,  to  avail 
themselves  of  the  advantages  of  this  act. 

Organization  Certificate  shall  be  Acknowledged,  Authenticated  and 
Filed. — The  said  organization  certificate  shall  be  acknowledged  before 
a  judge  of  some  court  of  record  or  notary  public;  and  shall  be,  together 
with  the  acknowledgment  thereof,  authenticated  by  the  seal  of  such 
court,  or  notary,  transmitted  to  the  Comptroller  of  the  Currency,  who 
shall  file,  record  and  carefully  preserve  the  same  in  his  office. 

Powers. — Upon  the  filing  of  such  certificate  with  the  Comptroller  of 
the  Currency  as  aforesaid,  the  said  federal  reserve  bank  shall  become 


FEDERAL  RESERVE  ACT.  339 

a  body  corporate  and  as  such,  and   in   the   name  designated  in  such 
organization  certificate,  shall  have  power — 

Seal. — First.     To  adopt  and  use  a  corporate  seal. 

Succession. — Second.  To  have  succession  for  a  period  of  twenty 
years  from  its  organization  unless  it  is  sooner  dissolved  by  an  act  of 
Congress,  or  unless  its  franchise  becomes  forfeited  by  some  violation  of 
law. 

Contracts. — Third.     To  make  contracts. 

Suits. — Fourth.  To  sue  and  be  sued,  complain  and  defend,  in  any 
court  of  law  or  equity. 

Officers  and  Employees. — Fifth.  To  appoint  by  its  board  of  direct- 
ors, such  officers  and  employees  as  are  not  otherwise  provided  for  in 
this  act,  to  define  their  duties,  require  bonds  of  them  and  fix  the  penalty 
thereof,  and  to  dismiss  at  pleasure  such  officers  or  employees. 

By-Laws. — Sixth.  To  prescribe  by  its  board  of  directors,  by-laws 
not  inconsistent  with  law,  regulating  the  manner  in  which  its  general 
business  may  be  conducted,  and  the  privileges  granted  to  it  by  law 
may  be  exercised  and  enjoyed. 

Incidental  Powers. — Seventh.  To  exercise  by  its  board  of  directors, 
or  duly  authorized  officers  or  agents,  all  powers  specifically  granted  by 
the  provisions  of  this  act  and  such  incidental  powers  as  shall  be  neces- 
sary to  carry  on  the  business  of  banking  within  the  limitations  pre- 
scribed by  this  act. 

Circulating  Notes. — Eighth.  Upon  deposit  with  the  Treasurer  of  the 
United  States  of  any  bonds  of  the  United  States  in  the  manner  pro- 
vided by  existing  law  relating  to  national  banks,  to  receive  from  the 
Comptroller  of  the  Currency  circulating  notes  in  blank,  registered  and 
countersigned  as  provided  by  law,  equal  in  amount  to  the  par  value 
of  the  bonds  so  deposited,  such  notes  to  be  issued  under  the  same  con- 
ditions and  provisions  of  law  as  relate  to  the  issue  of  circulating  notes 
of  national  banks  secured  by  bonds  of  the  United  States  bearing  the 
circulating  privilege,  except  that  the  issue  of  such  notes  shall  not  be 
limited  to  the  capital  stock  of  such  federal  reserve  bank. 

No  Bank  shall  Transact  Business  Until  Authorized. — But  no  federal 
reserve  bank  shall  transact  any  business  except  such  as  is  incidental 
and  necessarily  preliminary  to  its  organization  until  it  has  been  author- 
ized by  the  Comptroller  of  the  Currency  to  commence  business  under 
the  provisions  of  this  act. 

Board  of  Directors. — ^Every  federal  reserve  bank  shall  be  conducted 
under  the  supervision  and  control  of  a  board  of  directors. 

Duties. — The  board  of  directors  shall  perform  the  duties  usually  ap- 
pertaining to  the  office  of  directors  of  banking  associations  and  all 
such  duties  as  are  prescribed  by  law. 

Discrimination. — Said  board  shall  administer  the  affairs  of  said  bank 
fairly  and  impartially  and  without  discrimination  in  favor  of  or 
against  any  member  bank  or  banks  and  shall,  subject  to  the  provisions 
of  law  and  the  orders  of  the  Federal  Reserve  Board,  extend  to  each 


3-40  hillyer's  legal  manual. 

member  bank  such  discounts,  advancements  and  accommodations  as 
may  be  safely  and  reasonably  made  with  due  regard  for  the  claims  and 
demands  of  other  member  banks. 

Members.- — Such  board  of  directors  shall  be  selected  as  hereinafter 
specified  and  shall  consist  of  nine  members,  holding  office  for  three 
years,  and  divided  into  three  classes,  designated  as  classes  A,  B,  and  C. 

Class  A. — Class  A  shall  consist  of  three  members,  who  shall  be  chosen 
by  and  be  representative  of  the  stockholding  banks. 

Class  B. — Class  B  shall  consist  of  three  members,  who  at  the  time  of 
their  election  shall  be  actively  engaged  in  their  district  in  commerce, 
agriculture  or  some  other  industrial  pursuit. 

Class  C. — Class  C  shall  consist  of  three  members  who  shall  be  desig- 
nated by  the  Federal  Reserve  Board.  When  the  necessary  subscrip- 
tions to  the  capital  stock  have  been  obtained  for  the  organization  of 
any  federal  reserve  bank,  the  Federal  Reserve  Board  shall  appoint  the 
class  C  directors  and  shall  designate  one  of  such  directors  as  chairman 
of  the  board  to  be  selected.  Pending  the  designation  of  such  chair- 
man, the  organization  committee  shall  exercise  the  powers  and  duties 
appertaining  to  the  office  of  chairman  in  the  organization  of  such 
federal  reserve  bank. 

No  Senator  or  Representative  shall  be  Member,  Officer  or  Director.— 
No  Senator  or  Representative  in  Congress  shall  be  a  member  of  the 
Federal  Reserve  Board  or  an  officer  or  a  director  of  a  federal  reserve 
bank. 

Directors  of  Class  B. — No  director  of  class  B  shall  be  an  officer, 
director,  or  employee  of  any  bank. 

Directors  of  Class  C, — No  director  of  class  C  shall  be  an  officer, 
director,  employee,  or  stockholder  of  any  bank. 

Directors  of  Class  A  and  Class  B,  How  Chosen. — Directors  of  class 
A  and  class  B  shall  be  chosen  in  the  following  manner: 

Member  Banks,  Groups  or  Divisions. — The  chairman  of  the  board 
of  directors  of  the  federal  reserve  bank  of  the  district  in  which  the 
bank  is  situated  or,  pending  the  appointment  of  such  chairman,  the 
organization  committee  shall  classify  the  member  banks  of  the  district 
into  three  general  groups  or  divisions.  Each  group  shall  contain  as 
nearly  as  may  be  one-third  of  the  aggregate  number  of  the  member 
banks  of  the  district  and  shall  consist,  as  nearly  as  may  be,  of  banks 
of  similar  capitalization.  The  groups  shall  be  designated  by  number 
by  the  chairman. 

District  Reserve  Elector. — At  a  regularly  called  meeting  of  the  board 
of  directors  of  each  member  bank  in  the  district  it  shall  elect  by  ballot 
a  district  reserve  elector  and  shall  certify  his  name  to  the  chairman 
of  the  board  of  directors  of  the  federal  reserve  bank  of  the  district. 
The  chairman  shall  make  lists  of  the  district  reserve  electors  thus 
named  by  banks  in  each  of  the  aforesaid  three  groups  and  shall  trans- 
mit one  list  to  each  elector  in  each  group. 

Candidates  for  Director. — Each  member  bank  shall  be  permitted  to 
nominate  to  the  chairman  one  candidate  for  director  of  class  A  and  one 


FEDERAL  RESERVE  ACT.  341 

candidate  for  director  of  class  B.  The  candidates  so  nominated  shall 
be  listed  by  the  chairman,  indicating  by  whom  nominated,  and  a  copy 
of  said  list  shall,  within  fifteen  days  after  its  completion,  be  furnished 
by  the  chairman  to  each  elector. 

Preferential  Ballot. — ^Every  elector  shall,  within  fifteen  days  after 
the  receipt  of  the  said  list,  certify  to  the  chairman  his  first,  second, 
and  other  choices  of  a  director  of  class  A  and  class  B,  respectively, 
upon  a  preferential  ballot,  on  a  form  furnished  by  the  chairman  of  the 
board  of  directors  of  the  federal  reserve  bank  of  the  district.  Each 
elector  shall  make  a  cross  opposite  the  name  of  the  first,  second,  and 
other  choices  for  a  director  of  class  A  and  for  a  director  of  class  B,  but 
shall  not  vote  more  than  one  choice  for  any  one  candidate. 

Election. — ^Any  candidate  having  a  majority  of  all  votes  cast  in  the 
column  of  first  choice  shall  be  declared  elected.  If  no  candidate  have 
a  majority  of  all  the  votes  in  the  first  column,  then  there  shall  be 
added  together  the  votes  cast  by  the  electors  for  such  candidates  in  the 
second  column  and  the  votes  cast  for  the  several  candidates  in  the 
first  column.  If  any  candidate  then  have  a  majority  of  the  electors 
voting,  by  adding  together  the  first  and  second  choices,  he  shall  be 
declared  elected.  If  no  candidate  have  a  majority  of  electors  voting 
when  the  first  and  second  choices  shall  have  been  added,  then  the  votes 
cast  in  the  third  column  for  other  choices  shall  be  added  together  in 
like  manner,  and  the  candidate  then  having  the  highest  number  of 
votes  shall  be  declared  elected.  An  immediate  report  of  election  shall 
be  declared. 

Class  C  Directors — "Federal  Reserve  Agent." — Class  0  directors 
shall  be  appointed  by  the  Federal  Reserve  Board.  They  shall  have 
been  for  at  least  two  years  residents  of  the  district  for  which  they  are 
appointed,  one  of  whom  shall  be  designated  by  said  board  as  chairman 
of  the  board  of  directors  of  the  federal  reserve  bank  and  as  ''federal 
reserve  agent."  He  shall  be  a  person  of  tested  banking  experience; 
and  in  addition  to  his  duties  as  chairman  of  the  board  of  directors  of 
the  federal  reserve  bank  he  shall  be  required  to  maintain  under  regula- 
tions to  be  established  by  the  Federal  Reserve  Board  a  local  office  of 
said  board  on  the  premises  of  the  federal  reserve  bank.  He  shall  make 
regular  reports  to  the  Federal  Reserve  Board,  and  shall  act  as  its 
official  representative  for  the  performance  of  the  functions  conferred 
upon  it  by  this  act.  He  shall  receive  an  annual  compensation  to  be 
fixed  by  the  Federal  Reserve  Board  and  paid  monthly  by  the  federal 
reserve  bank  to  which  he  is  designated.  One  of  the  directors  of  class 
C,  who  shall  be  a  person  of  tested  banking  experience,  shall  be  ap- 
pointed by  the  Federal  Reserve  Board  as  deputy  chairman  and  deputy 
federal  reserve  agent  to  exercise  the  powers  of  the  chairman  of  the 
board  and  federal  reserve  agent  in  case  of  absence  or  disability  of  his 
principal. 

Directors'  Allowance. — Directors  of  federal  reserve  banks  shall  re- 
ceive, in  addition  to  any  compensation  otherwise  provided,  a  reason- 
able allowance  for  necessary  expenses  in  attending  meetings  of  their 
respective  boards,  which  amount  shall  be  paid  by  the  respective  federal 


342  HILLYER^S  LEGAL   MANUAL. 

reserve  banks.  Any  compensation  that  may  be  provided  by  boards  of 
directors  of  federal  reserve  banks  for  directors,  officers  or  employees 
shall  be  subject  to  the  approval  of  the  Federal  Reserve  Board. 

Committee  may  Call  Meetings  of  Bank  Directors. — The  Reserve  Bank 
Organization  Committee  may,  in  organizing  federal  reserve  banks,  call 
such  meetings  of  bank  directors  in  the  several  districts  as  may  be 
necessary  to  carry  out  the  purposes  of  this  act,  and  may  exercise  the 
functions  herein  conferred  upon  the  chairman  of  the  board  of  directors 
of  each  federal  reserve  bank  pending  the  complete  organization  of  such 
bank. 

Term  of  Office. — At  the  first  meeting  of  the  full  board  of  directors 
of  each  federal  reserve  bank,  it  shall  be  the  duty  of  the  directors  of 
classes  A,  B  and  C,  respectively,  to  designate  one  of  the  members  of 
each  class  whose  term  of  office  shall  expire  in  one  year  from  the  first 
of  January  nearest  to  date  of  such  meeting,  one  whose  term  of  office 
shall  expire  at  the  end  of  two  years  from  said  date,  and  one  whose 
term  of  office  shall  expire  at  the  end  of  three  years  from  said  date. 
Thereafter  every  director  of  a  federal  reserve  bank  chosen  as  herein- 
before provided  shall  hold  office  for  a  term  of  three  years. 

Vacancies. — Vacancies  that  may  occur  in  the  several  classes  of 
directors  of  federal  reserve  banks  may  be  filled  in  the  manner  provided 
for  the  original  selection  of  such  directors,  such  appointees  to  hold 
office  for  the  unexpired  terms  of  their  predecessors. 

STOCK  ISSUES— INCREASE  AND  DECREASE  OF  CAPITAL. 

§  5.  Capital  Stock. — The  capital  stock  of  each  federal  reserve  bank 
shall  be  divided  into  shares  of  $100  each. 

Increase. — The  outstanding  capital  stock  shall  be  increased  from 
time  to  time  as  member  banks  increase  their  capital  stock  and  surplus 
or  as  additional  banks  become  members,  and  may  be  decreased  as  mem- 
ber banks  reduce  their  capital  stock  or  surplus  or  cease  to  be  members. 

Shares  of  Member  Banks. — Shares  of  the  capital  stock  of  federal 
reserve  banks  owned  by  member  banks  shall  not  be  transferred  or 
hypothecated.  When  a  member  bank  increases  its  capital  stock  or  sur- 
plus, it  shall  thereupon  subscribe  for  an  additional  amount  of  capital 
stock  of  the  federal  reserve  bank  of  its  district  equal  to  six  per  centum 
of  the  said  increase,  one-half  of  said  subscription  to  be  paid  in  the 
manner  hereinbefore  provided  for  original  subscription,  and  one-half 
subject  to  call  of  the  Federal  Reserve  Board.  A  bank  applying  for 
stock  in  a  federal  reserve  bank  at  any  time  after  the  organization 
thereof  must  subscribe  for  an  amount  of  the  capital  stock  of  the  federal 
reserve  bank  equal  to  six  per  centum  of  the  paid-up  capital  stock  and 
surplus  of  said  applicant  bank,  paying  therefor  its  par  value  plus  one- 
half  of  one  per  centum  a  month  from  the  period  of  the  last  dividend. 

When  Capital  Stock  Increased. — When  the  capital  stock  of  any 
federal  reserve  bank  shall  have  been  increased  either  on  account  of 
the  increase  of  capital  stock  of  member  banks  or  on  account  of  the 
increase  in  the  number  of  member  banks,  the  board  of  directors  shall 


FEDERAL  RESERVE  ACT.  343 

cause  to  be  executed  a  certificate  to  the  Comptroller  of  the  Currency 
showing  the  increase  in  capital  stock,  the  amount  paid  in,  and  by 
whom  paid. 

When  Capital  Stock  Reduced. — When  a  member  bank  reduces  its 
capital  stock  it  shall  surrender  a  proportionate  amount  of  its  holdings 
in  the  capital  of  said  federal  reserve  bank,  and  when  a  member  bank 
voluntarily  liquidates  it  shall  surrender  all  of  its  holdings  of  the  capital 
stock  of  said  federal  reserve  bank  and  be  released  from  its  stock  sub- 
scription not  previously  called. 

Cancellation  of  Shades. — In  either  case  the  shares  surrendered  shall 
be  canceled  and  the  member  bank  shall  receive  in  payment  therefor, 
under  regulations  to  be  prescribed  by  the  Federal  Reserve  Board,  a 
sum  equal  to  its  cash-paid  subscriptions  on  the  shares  surrendered  and 
one-half  of  one  per  centum  a  month  frotu  the  period  of  the  last  div- 
idend, not  to  exceed  the  book  value  thereof,  less  any  liability  of  such 
member  bank  to  the  federal  reserve  bank. 

§  6.  If  Member  Bank  Insolvent. — If  any  meftiber  bank  shall  be 
declared  insolvent  and  a  receiver  appointed  therefor,  the  stock  held  by 
it  in  said  federal  reserve  bank  shall  be  canceled,  without  impairment 
of  its  liability,  and  all  cash-paid  subscriptions  on  said  stock,  with  one- 
half  of  one  per  centum  per  month  from  the  period  of  last  dividend, 
not  to  exceed  the  book  value  thereof,  shall  be  first  applied  to  all  debts 
of  the  insolvent  member  bank  of  the  federal  reserve  bank,  and  the 
balance,  if  any,  shall  be  paid  to  the  receiver  of  the  insolvent  bank. 

Certificate  Showing  Reduction. — Whenever  the  capital  stock  of  a 
federal  reserve  bank  is  reduced,  either  on  account  of  a  reduction  in 
capital  stock  of  any  member  bank  or  of  the  liquidation  or  insolvency 
of  such  bank,  the  board  of  directors  shall  cause  to  be  executed  a  cer- 
tificate to  the  Comptroller  of  the  Currency  showing  such  reduction  of 
capital  stock  and  the  amount  repaid  to  such  bank. 

DIVISION  OF  EARNINGS. 

§  7.  Annual  Dividend. — After  all  necessary  expenses  of  a  federal 
reserve  bank  have  been  paid  or  provided  for,  the  stockholders  shall 
be  entitled  to  receive  an  annual  dividend  of  six  per  centum  on  the 
paid-in  capital  stock,  which  dividend  shall  be  cumulative. 

Franchise  Tax. — After  the  aforesaid  dividend  claims  have  been  fully 
met,  all  the  net  earnings  shall  be  paid  to  the  United  States  as  a  fran- 
chise tax,  except  that  one-half  of  such  net  earnings  shall  be  paid  into 
a  surplus  fund  until  it  shall  amount  to  forty  per  centum  of  the  paid-in 
capital  stock  of  such  bank. 

Net  Earnings  Derived  by  the  United  States. — The  net  earnings 
derived  by  the  United  States  from  federal  reserve  banks  shall,  in  the 
discretion  of  the  Secretary,  be  used  to  supplement  the  gold  reserve 
held  against  outstanding  United  States  notes,  or  shall  be  applied  to  the 
reduction  of  the  outstanding  bonded  indebtedness  of  the  United  States 
under  regulations  to  be  prescribed  by  the  Secretary  of  the  Treasury. 


344  hillyer's  legal  manual. 

Should  a  federal  reserve  bank  be  dissolved  or  go  into  liquidation,  any 
surplus  remaining,  after  the  payment  of  all  debts,  dividend  require- 
ments as  hereinbefore  provided,  and  the  par  value  of  the  stock,  shall 
be  paid  to  and  become  the  property  of  the  United  States  and  shall  be 
similarly  applied. 

Exemption  from  Taxation. — Federal  reserve  banks,  including  the 
capital  stock  and  surplus  therein,  and  the  income  derived  therefrom 
shall  be  exempt  from  federal,  State,  and  local  taxation,  except  taxes 
upon  real  estate. 

§  8.  Conversion  of  State  Banks.— Section  5154,  United  States  Re- 
vised Statutes,  is  hereby  amended  to  read  as  follows: 

Any  bank  incorporated  by  special  law  of  any  State  or  of  the  United 
States  or  organized  under  tlie  general  laws  of  any  State  or  of  the 
United  States  and  having  an  unimpaired  capital  sufficient  to  entitle 
it  to  become  a  national  banking  association  under  the  provisions  of  the 
existing  laws  may,  by  the  vote  of  the  shareholders  owning  not  less 
than  fifty-one  per  centum  of  the  capital  stock  of  such  bank  or  banking 
association,  with  the  approval  of  the  Comptroller  of  the  Currency  be 
converted  into  a  national  banking  association,  with  any  name  approved 
by  the  Comptroller  of  the  Currency :  Provided,  however,  That  said  con- 
version shall  not  be  in  contravention  of  the  State  law.  In  such  case 
the  articles  of  association  and  organization  certificate  may  be  executed 
by  a  majority  of  the  directors  of  the  bank  or  banking  institution,  and 
the  certificate  shall  declare  that  the  owners  of  fifty-one  per  centum  of 
the  capital  stock  have  authorized  the  directors  to  make  such  certificate 
and  to  change  or  convert  the  bank  or  banking  institution  into  a 
national  association.  A  majority  of  the  directors,  after  executing  the 
articles  of  association  and  the  organization  certificate,  shall  have  power 
to  execute  all  other  papers  and  to  do  whatever  may  be  required  to 
make  its  organization  perfect  and  complete  as  a  national  association. 
The  shares  of  any  such  bank  may  continue  to  be  for  the  same  amount 
each  as  they  were  before  the  conversion,  and  the  directors  may  con- 
tinue to  be  directors  of  the  association  until  others  are  elected  or  ap- 
pointed in  accordance  with  the  provisions  of  the  statutes  of  the  United 
States.  When  the  Comptroller  has  given  to  such  bank  or  banking 
association  a  certificate  that  the  provisions  of  this  act  have  been  com- 
plied with,  such  bank  or  banking  association,  and  all  its  stockholders, 
officers,  and  employees,  shall  have  the  same  powers  and  privileges,  and 
shall  be  subject  to  the  same  duties,  liabilities,  and  regulations,  in  all 
respects,  as  shall  have  been  prescribed  by  the  Federal  Reserve  Act  and 
by  the  national  banking  act  for  associations  originally  organized  as 
national  banking  associations. 

STATE  BANKS  AS  MEMBERS. 

§  9.    State  Bank  may  Subscribe  to  Stock  of  Federal  Reserve  Bank. 

Any  bank  incorporated  by  special  law  of  any  State,  or  organized  under 
the  general  laws  of  any  State  or  of  the  United  States,  may  make  appli- 
cation to  the  reserve  bank  organization  committee,  pending  organiza- 


FEDERAL  RESERVE  ACT.  345 

tion,  and  thereafter  to  the  Federal  Reserve  Board  for  the  right  to  sub- 
scribe to  the  stock  of  the  federal  reserve  bank  organized  or  to  be 
organized  within  the  federal  reserve  district  where  the  applicant  is 
located.  The  organization  committee  or  the  Federal  Reserve  Board, 
under  such  rules  and  regulations  as  it  may  prescribe,  subject  to  the 
provisions  of  this  section,  may  permit  the  applying  bank  to  become  a 
stockholder  in  the  federal  reserve  bank  of  the  district  in  which  the 
applying  bank  is  located.  Whenever  the  organization  committee  or 
the  Federal  Reserve  Board  shall  permit  the  applying  bank  to  become 
a  stockholder  in  the  federal  reserve  bank  of  the  district,  stock  shall 
be  issued  and  paid  for  under  the  rules  and  regulations  in  this  act  pro- 
vided for  national  banks  which  become  stockholders  in  federal  reserve 
banks. 

By-laws  for  Government  of  Applications  by  State  Banks. — The  organ- 
ization committee  or  the  Federal  Reserve  Board  shall  establish  by-laws 
for  the  general  government  of  its  conduct  in  acting  upon  applications 
made  by  the  State  banks  and  banking  associations  and  trust  companies 
for  stock  ownership  in  federal  reserve  banks.  Such  by-laws  shall 
require  applying  banks  not  organized  under  federal  law  to  comply 
with  the  reserve  and  capital  requirements  and  to  submit  to  the  ex- 
amination and  regulations  prescribed  by  the  organization  committee 
or  by  the  Federal  Reserve  Board. 

Capital  of  Applying  Bank. — No  applying  bank  shall  be  admitted  to 
membership  in  a  federal  reserve  bank  unless  it  possesses  a  paid-up 
unimpaired  capital  sufficient  to  entitle  it  to  become  a  national  banking 
association  in  the  place  where  it  is  situated,  under  the  provisions  of 
the  national  banking  act. 

Prohibitions,  Rules  and  Regulations. — Any  bank  becoming  a  mem- 
ber of  a  federal  reserve  bank  under  the  provisions  of  this  section  shall, 
in  addition  to  the  regulations  and  restrictions  hereinbefore  provided, 
be  required  to  conform  to  the  provisions  of  law  imposed  on  the  na- 
tional banks  respecting  the  limitation  of  liability  which  may  be  in- 
curred by  any  person,  firm,  or  corporation  to  such  banks,  the  prohibi- 
tion against  making  purchase  of  or  loans  on  stock  of  such  banks,  and 
the  withdrawal  or  impairment  of  capital,  or  the  payment  of  unearned 
dividends,  and  to  such  rules  and  regulations  as  the  Federal  Reserve 
Board  may,  in  pursuance  thereof,  prescribe. 

Officers,  Agents,  and  Employees. — Such  banks,  and  the  officers, 
agents,  and  employees  thereof,  shall  also  be  subject  to  the  provisions 
of  and  to  the  penalties  prescribed  by  sections  5198,  5200,  5201,  5208, 
and  5209,  of  the  Revised  Statutes. 

Reports. — The  member  banks  shall  also  be  required  to  make  reports 
of  the  conditions  and  of  the  payments  of  dividends  to  the  comptroller, 
as  provided  in  sections  5211  and  5212,  of  the  Revised  Statutes,  and  shall 
be  subject  to  the  penalties  prescribed  by  section  5213  for  the  failure 
to  make  such  report. 

Suspension  for  Noncompliance. — If  at  any  time  it  shall  appear  to 
the  Federal  Reserve  Board  that  a  member  bank  has  failed  to  comply 


346 

with  the  provisions  of  this  section  or  the  regulations  of  the  Federal 
Reserve  Board,  it  shall  be  within  the  power  of  the  said  board,  after 
hearing,  to  require  such  bank  to  surrender  its  stock  in  the  federal 
reserve  bank ;  upon  such  surrender  the  federal  reserve  bank  shall  pay 
the  cash-paid  subscriptions  to  the  said  stock  with  interest  at  the  rate 
of  one-half  of  one  per  centum  per  month,  computed  from  the  last 
dividend,  if  earned,  not  to  exceed  the  book  value  thereof,  less  any 
liability  to  said  federal  reserve  bank,  except  the  subscription  liability 
not  previously  called,  which  shall  be  canceled,  and  said  federal  reserve 
bank  shall,  upon  notice  from  the  Federal  Reserve  Board,  be  required 
to  suspend  said  bank  from  further  privileges  of  membership,  and 
shall  within  thirty  days  of  such  notice  cancel  and  retire  its  stock  and 
make  payment  therefor  in  the  manner  herein  provided.  The  Federal 
Reserve  Board  may  restore  membership  upon  due  proof  of  compliance 
with  the  conditions  imposed  by  this  section. 

FEDERAL  RESERVE  BOARD. 

§  10.  Federal  Reserve  Board  Members. — ^A  Federal  Reserve  Board 
is  hereby  created  which  shall  consist  of  seven  members,  including  the 
Secretary  of  the  Treasury  and  the  Comptroller  of  the  Currency,  who 
shall  be  members  ex  officio,  and  five  members  appointed  by  the  Presi- 
dent of  the  United  States,  by  and  with  the  advice  and  consent  of  the 
Senate. 

Five  Appointive  Members. — In  selecting  the  five  appointive  mem- 
bers of  the  Federal  Reserve  Board,  not  more  than  one  of  whom  shall 
be  selected  from  any  one  federal  reserve  district,  the  President  shall 
have  due  regard  to  a  fair  representation  of  the  different  commercial, 
industrial  and  geographical  divisions  of  the  country.  The  five  mem- 
bers of  the  Federal  Reserve  Board  appointed  by  the  President  and 
confirmed  as  aforesaid  shall  devote  their  entire  time  to  the  business  of 
the  Federal  Reserve  Board  and  shall  each  receive  an  annual  salary  of 
$12,000,  payable  monthly  together  with  actual  necessary  traveling 
expenses,  and  the  Comptroller  of  the  Currency,  as  ex-officio  member 
of  the  Federal  Reserve  Board,  shall,  in  addition  to  the  salary  now 
paid  him  as  Comptroller  of  the  Currency,  receive  the  sum  of  $7,000 
annually  for  his  services  as  a  member  of  said  board. 

Members  Ineligible  to  Office  in  Member  Bank. — The  members  of 
said  board,  the  Secretary  of  the  Treasury,  the  Assistant  Secretaries 
of  the  Treasury,  and  the  Comptroller  of  the  Currency  shall  be  ineligible 
during  the  time  they  are  in  office  and  for  two  years  thereafter  to 
hold  any  office,  position,  or  employment  in  any  member  bank. 

Qualifications. — Of  the  five  members  thus  appointed  by  the  President 
at  least  two  shall  be  persons  experienced  in  banking  or  finance.  One 
shall  be  designated  by  the  President  to  serve  for  two,  one  for  four, 
one  for  six,  one  for  eight,  and  one  for  ten  years,  and  thereafter  each 
member  so  appointed  shall  serve  for  a  term  of  ten  years  unless  sooner 
removed  for  cause  by  the  President. 

Governor  and  Vice-Govemor. — Of  the  five  persons  thus  appointed, 
one  shall  be  designated  by  the  President  as  governor  and  one  as  vice- 


FEDERAL  RESERVE  ACT.  347 

governor  of  the  Federal  Reserve  Board.  The  governor  of  the  Federal 
Reserve  Board,  subject  to  its  supervision,  shall  be  the  active  executive 
officer. 

Offices. — The  Secretary  of  the  Treasury  may  assign  offices  in  the 

Department  of  the  Treasury  for  the  use  of  the  Federal  Reserve  Board. 

Oath  of  Office. — Each  member  of  the  Federal  Reserve  Board  shall 

within  fifteen  days  after  notice  of  appointment  make  and  subscribe 

to  the  oath  of  office. 

Assessment. — The  Federal  Reserve  Board  shall  have  power  to  levy 
semi-annually  upon  the  federal  reserve  banks,  in  proportion  to  their 
capital  stock  and  surplus,  an  assessment  sufficient  to  pay  its  estimated 
expenses  and  the  salaries  of  its  members  and  employees  for  the  half 
year  succeeding  the  levying  of  such  assessment,  together  with  any 
deficit  carried  forward  from  the  preceding  half  year. 

First  Meeting  of  Reserve  Board. — The  first  meeting  of  the  Federal 
Reserve  Board  shall  be  held  in  Washington,  District  of  Columbia,  as 
soon  as  may  be  after  the  passage  of  this  act,  at  a  date  to  be  fixed  by 
the  Reserve  Bank  Organization  Committee. 

-  Chairman. — The  Secretary  of  the  Treasury  shall  be  ex-officio  chair- 
man of  the  Federal  Reserve  Board. 

No  Member  to  be  Officer  or  Director  of  Bank. — No  member  of  the 
Federal  Reserve  Board  shall  be  an  officer  or  director  of  any  bank, 
banking  institution,  trust  company,  or  federal  reserve  bank  nor  hold 
stock  in  any  bank,  banking  institution,  or  trust  company;  and  before 
entering  upon  his  duties  as  a  member  of  the  Federal  Reserve  Board 
he  shall  certify  under  oath  to  the  Secretary  of  the  Treasury  that  he 
has  complied  with  this  requirement. 

Vacancies. — Whenever  a  vacancy  shall  occur,  other  than  by  expira- 
tion of  term,  among  the  five  members  of  the  Federal  Reserve  Board 
appointed  by  the  President,  as  above  provided,  a  successor  shall  be 
appointed  by  the  President,  with  the  advice  and  consent  of  the  Sen- 
ate, to  fill  such  vacancy,  and  when  appointed  he  shall  hold  office  for 
the  unexpired  term  of  the  member  whose  place  he  is  selected  to  fill. 

The  President  shall  have  power  to  fill  all  vacancies  that  may  hap- 
pen on  the  Federal  Reserve  Board  during  the  recess  of  the  Senate,  by 
granting  commissions  which  shall  expire  thirty  days  after  the  next 
session  of  the  Senate  convenes. 

Powers  Vested  in  Secretary  of  the  Treasury. — Nothing  in  this  act 
contained  shall  be  construed  as  taking  away  any  powers  heretofore 
vested  by  law  in  the  Secretary  of  the  Treasury  which  relate  to  the  su- 
pervision, management,  and  control  of  the  Treasury  Department  and 
bureaus  under  such  department,  and  wherever  any  power  vested  by 
this  act  in  the  Federal  Reserve  Board  or  the  federal  reserve  agent 
appears  to  conflict  with  the  powers  of  the  Secretary  of  the  Treasury, 
such  powers  shall  be  exercised  subject  to  the  supervision  and  control 
of  the  Secretary. 

Annual  Report. — The  Federal  Reserve  Board  shall  annually  make 
a  full  report  of  its  operations  to  the  Speaker  of  the  House  of  Repre- 


348  hillyer's  legal  manual. 

sentatives,  who  shall  cause  the  same  to  be  printed  for  the  information 
of  the  Congress. 

Section  324  of  the  Revised  Statutes  of  the  United  States  shall  be 
amended  so  as  to  read  as  follows:  ''There  shall  be  in  the  Department 
of  the  Treasury  a  bureau  charged  with  the  execution  of  all  laws 
passed  by  Congress  relating  to  the  issue  and  regulation  of  national 
currency  secured  by  United  States  bonds  and,  under  the  general  su- 
pervision of  the  Federal  Reserve  Board,  of  all  federal  reserve  notes, 
the  chief  officer  of  which  bureau  shall  be  called  the  Comptroller  of 
the  Currency  and  shall  perform  his  duties  under  the  general  direc- 
tions of  the  Secretary  of  the  Treasury. 

§  11.  Powers. — The  Federal  Reserve  Board  shall  be  authorized  and 
empowered : 

(a)  Examinations. — To  examine  at  its  discretion  the  accounts,  books 
and  affairs  of  each  federal  reserve  bank  and  of  each  member  bank 
and  to  require  such  statements  and  reports  as  it  may  deem  necessary. 

Weekly  Statements. — The  said  board  shalL  publish  once  each  week  a 
statement  showing  the  condition  of  each  federal  reserve  bank  and  a 
consolidated  statement  for  all  federal  reserve  banks.  Such  state- 
ments shall  show  in  detail  the  assets  and  liabilities  of  the  federal 
reserve  banks,  single  and  combined,  and  shall  furnish  full  informa- 
tion regarding  the  character  of  the  money  held  as  reserve  and  the 
amount,  nature  and  maturities  of  the  paper  and  other  investments 
owned  or  held  by  federal  reserve  banks. 

(b)  Rediscount. — To  permit,  or,  on  the  affirmative  vote  of  at  least 
five  members  of  the  reserve  board  to  require  federal  reserve  banks  to 
rediscount  the  discounted  paper  of  other  federal  reserve  banks  at  rates 
of  interest  to  be  fixed  by  the  Federal  Reserve  Board. 

(c)  Suspension  of  Reserve  Requirements. — To  suspend  for  a  period 
not  exceeding  thirty  days,  and  from  time  to  time  to  renew  such  sus- 
pension for  periods  not  exceeding  fifteen  days,  any  reserve  require- 
ment specified  in  this  act:  Provided,  That  it  shall  establish  a  grad- 
uated tax  upon  the  amounts  by  which  the  reserve  requirements  of 
this  act  may  be  permitted  to  fall  below  the  level  hereinafter  specified : 

Graduated  Tax. — And  provided  further,  That  when  the  gold  reserve 
held  against  federal  reserve  notes  falls  below  forty  per  centum,  the 
Federal  Reserve  Board  shall  establish  a  graduated  tax  of  not  more 
than  one  per  centum  per  annum  upon  such  deficiency  until  the  re- 
serves fall  to  thirty-two  and  one-half  per  centum,  and  when  said 
reserve  falls  below  thirty-two  and  one-half  per  centum,  a  tax  at  the 
rate  increasingly  of  not  less  than  one  and  one-half  per  centum  per 
annum  upon  each  two  and  one-half  per  centum  or  fraction  thereof 
that  such  reserve  falls  below  thirty-two  and  one-half  per  centum. 
The  tax  shall  be  paid  by  the  reserve  bank,  but  the  reserve  bank  shall 
add  an  amount  equal  to  said  tax  to  the  rates  of  interest  and  discount 
fixed  by  the  Federal  Reserve  Board. 

(d)  Issue  and  Retirement  of  Federal  Reserve  Notes. — To  supervise 
and  regulate  through  the  bureau  under  the  charge  of  the  Comptroller 


FEDERAL  RESERVE  ACT.  349 

of  the  Currency  the  issue  and  retirement  of  federal  reserve  notes, 
and  to  prescribe  rules  and  regulations  under  which  such  notes  may 
be  delivered  by  the  comptroller  to  the  federal  reserve  agents  applying 
therefor. 

(e)  Reserve  and  Central  Reserve  Cities. — ^To  add  to  the  number  of 
cities  classified  as  reserve  and  central  reserve  cities  under  existing 
law  in  which  national  banking  associations  are  subject  to  the  reserve 
requirements  set  forth  in  section  20  of  this  act ;  or  to  reclassify  exist- 
ing reserve  and  central  reserve  cities  or  to  terminate  their  designation 
as  such. 

(f)  Suspension  of  Officer  or  Director  of  Federal  Reserve  Bank. — 
To  suspend  or  remove  any  officer  or  director  of  any  federal  reserve 
bank,  the  cause  of  such  removal  to  be  forthwith  communicated  in 
writing  by  the  Federal  Reserve  Board  to  the  removed  officer  or  direc- 
tor and  to  said  bank. 

(g)  Doubtful  or  Worthless  Assets. — To  require  the  writing  off  of 
doubtful  or  worthless  assets  upon  the  books  and  balance  sheets  of 
federal  reserve  banks. 

(h)  Suspension  of  Federal  Reserve  Bank. — To  suspend,  for  the  vio- 
lation of  any  of  the  provisions  of  this  act,  the  operations  of  any  federal 
reserve  bank,  to  take  possession  thereof,  administer  the  same  during 
the  period  of  suspension,  and,  when  deemed  advisable,  to  liquidate  or 
reorganize  such  bank. 

(i)  Safeguarding  of  Collateral,  Bonds,  Federal  Reserve  Notes. — To 
require  bonds  of  federal  reserve  agents,  to  make  regulations  for  the 
safeguarding  of  all  collateral,  bonds,  federal  reserve  notes,  monej^  or 
property  of  any  kind  deposited  in  the  hands  of  such  agents,  and  said 
board  shall  perform  the  duties,  functions,  or  services  specified  in  this 
act,  and  make  all  rules  and  regulations  necessary  to  enable  said  board 
effectively  to  perform  the  same. 

(j)  General  Supervision. — To  exercise  general  supervision  over  said 
federal  reserve  banks. 

(k)  Permit  to  Act  as  Trustee,  Executor,  Administrator. — To  grant 
by  special  permit  to  national  banks  applying  therefor,  when  not  in 
contravention  of  State  or  local  law,  the  right  to  act  as  trustee,  execu- 
tor, administrator,  or  registrar  of  stocks  and  bonds  under  such  rules 
and  regulations  as  the  said  board  may  prescribe. 

(1)  Attorneys,  Experts,  Assistants,  Clerks. — To  employ  such  attor- 
neys, experts,  assistants,  clerks,  or  other  employees  as  may  be  deemed 
necessary  to  conduct  the  business  of  the  board. 

Salaries  and  Fees. — All  salaries  and  fees  shall  be  fixed  in  advance 
by  said  board  and  shall  be  paid  in  the  same  manner  as  the  salaries 
of  the  members  of  said  board.  All  such  attorneys,  experts,  assistants, 
clerks,  and  other  employees  shall  be  appointed  without  regard  to  the 
provisions  of  the  act  of  January  16,  1883  (volume  22,  United  States 
Statutes  at  Large,  page  403),  and  amendments  thereto,  or  any  rule 
or  regulation  made   in  pursuance   thereof:   Provided,   That   nothing 


350  hillyer's  legal  manual. 

herein  shall  prevent  the  President  from  placing  said    employees  in 
the  classified  service. 

FEDERAL  ADVISORY  COUNCIL. 

§  12.  Members. — There  is  hereby  created  a  Federal  Advisory 
Council,  which  shall  consist  of  as  many  members  as  there  are  federal 
reserve  districts.  Each  federal  reserve  bank  by  its  board  of  directors 
shall  annually  select  from  its  own  federal  reserve  district  one  mem- 
ber of  said  council,  who  shall  receive  such  compensation  and  allow- 
ances as  may  be  fixed  by  his  board  of  directors  subject  to  the  approval 
of  the  Federal  Reserve  Board. 

Meetings. — The  meetings  of  said  advisory  council  shall  be  held  at 
Washington,  District  of  Columbia,  at  least  four  times  each  year,  and 
oftener  if  called  by  the  Federal  Reserve  Board.  The  council  may 
in  addition  to  the  meetings  above  provided  for  hold  such  other  meet- 
ings in  Washington,  District  of  Columbia,  or  elsewhere,  as  it  may 
deem  necessary,  may  select  its  own  officers  and  adopt  its  own  methods 
of  procedure,  and  a  majority  of  its  members  shall  constitute  a  quorum 
for  the  transaction  of  business. 

Vacancies. — Vacancies  in  the  council  shall  be  filled  by  the  respective 
reserve  banks,  and  members  selected  to  fill  vacancies,  shall  serve  for 
the  unexpired  term. 

Power. — The  Federal  Advisory  Council  shall  have  power,  by  itself 
or  through  its  officers,  (1)  to  confer  directly  with  the  Federal  Reserve 
Board  on  general  business  conditions;  (2)  to  make  oral  or  written 
representations  concerning  matters  within  the  jurisdiction  of  said 
board;  (3)  to  call  for  information  and  to  make  recommendations  in 
regard  to  discount  rates,  rediscount  business,  note  issues,  reserve  con- 
ditions in  the  various  districts,  the  purchase  and  sale  of  gold  or 
securities  by  reserve  banks,  open-market  operations  by  said  banks,  and 
the  general  affairs  of  the  reserve  banking  system. 

POWERS  OF  FEDERAL  RESERVE  BANKS. 

§  13.  Deposits. — Any  federal  reserve  bank  may  receive  from  any  of 
its  member  banks,  and  from  the  United  States,  deposits  of  current 
funds  in  lawful  money,  national  bank  notes,  federal  reserve  notes,  or 
checks  and  drafts  upon  solvent  member  banks,  payable  upon  present- 
ation ;  or,  solely  for  exchange  purposes,  may  receive  from  other  federal 
reserve  banks  deposits  of  current  funds  in  lawful  money,  national 
bank  notes,  or  checks  and  drafts  upon  solvent  member  or  other  federal 
reserve  banks,  payable  upon  presentation. 

Discount. — ^Upon  the  indorsement  of  any  of  its  member  banks,  w4th 
a  waiver  of  demand,  notice  and  protest  by  such  bank,  any  federal 
reserve  bank  may  discount  notes,  drafts,  and  bills  of  exchange  aris- 
ing out  of  actual  commercial  transactions;  that  is,  notes,  drafts,  and 
bills  of  exchange  issued  or  drawn  for  agricultural,  industrial,  or  com- 
mercial purposes,  or  the  proceeds  of  which  have  been  used,  or  are 


FEDERAL  RESERVE  ACT.  351 

to  be  used,  for  such  purposes,  the  Federal  Reserve  Board  to  have  the 
right  to  determine  or  define  the  character  of  the  paper  thus  eligible 
for  discount,  within  the  meaning  of  this  act.  Nothing  in  this  act 
contained  shall  be  construed  to  prohibit  such  notes,  drafts,  and  bills 
of  exchange,  secured  by  staple  agricultural  products,  or  other  goods, 
wares,  or  merchandise  from  being  eligible  for  such  discount;  but 
such  definition  shall  not  include  notes,  drafts,  or  bills  covering  merely 
investments  or  issued  or  drawn  for  the  purpose  of  carrying  or  trading 
in  stocks,  bonds,  or  other  investment  securities,  except  bonds  and 
notes  of  the  Government  of  the  United  States. 

Maturity. — Notes,  drafts,  and  bills  admitted  to  discount  under  the 
terms  of  this  paragraph  must  have  a  maturity  at  the  time  of  discount 
of  not  more  than  ninety  days:  Provided,  That  notes,  drafts,  and  bills 
drawn  or  issued  for  agricultural  purposes  or  based  on  livestock  and 
having  a  maturity  not  exceeding  six  months  may  be  discounted  in  an 
amount  to  be  limited  to  a  percentage  of  the  capital  of  the  federal 
reserve  bank,  to  be  ascertained  and  fixed  by  the  Federal  Reserve 
Board. 

Acceptances. — Any  federal  reserve  bank  may  discount  acceptances 
which  are  based  on  the  importation  or  exportation  of  goods  and  which 
have  a  maturity  at  time  of  discount  of  not  more  than  three  months, 
and  indorsed  by  at  least  one  member  bank.  The  amount  of  accept- 
ances so  discounted  shall  at  no  time  exceed  one-half  the  paid-up  capital 
stock  and  surplus  of  the  bank  for  which  the  rediscounts  are  made. 

Restriction.— The  aggregate  of  such  notes  and  bills  bearing  the 
signature  or  indorsement  of  any  one  person,  company,  firm,  or  cor- 
poration rediscounted  for  any  one  bank  shall  at  no  time  exceed  ten 
per  centum  of  the  unimpaired  capital  and  surplus  of  said  bank;  but 
this  restriction  shall  not  apply  to  the  discount  of  bills  of  exchange 
drawn  in  good  faith  against  actually  existing  values. 

Any  member  bank  may  accept  drafts  or  bills  of  exchange  drawn 
upon  it  and  growing  out  of  transactions  involving  the  importation  or 
exportation  of  goods  having  not  more  than  six  months  sight  to  run  • 
but  no  bank  shall  accept  such  bills  to  an  amount  equal  at  an.y  time 
in  the  aggregate  to  more  than  one-half  its  paid-up  capital  stock  and 
surplus. 

Limit  of  Indebtedness.— Section  5202  of  the  Revised  Statutes  of  the 
United  States  is  hereby  amended  so  as  to  read  as  follows :  No  national 
banking  association  shall  at  any  time  be  indebted,  or  in  any  way 
liable,  to  an  amount  exceeding  the  amount  of  its  capital  stock  at  such 
time  actually  paid  in  and  remaining  undiminished  by  losses  or  other- 
wise, except  on  account  of  demands  of  the  nature  following: 

First.     Notes  of  circulation. 

Second.     Moneys  deposited  with  or  collected  by  the  association. 

Third.  Bills  of  exchange  or  drafts  drawn  against  money  actually 
on  deposit  to  the  credit  of  the  association,  or  due  thereto. 

Fourth.  Liabilities  to  the  stockholders  of  the  association  for  divi- 
dends and  reserve  profits. 


352  hillyer's  legal  manual. 

Fifth.  Liabilities  incurred  under  the  provisions  of  the  Federal  Re- 
serve Act. 

Rediscount  Subject  to  Restrictions. — The  rediscount  by  any  federal 
reserve  bank  of  any  bills  receivable  and  of  domestic  and  foreign  bills 
of  exchange,  and  of  acceptances  authorized  by  this  act,  shall  be  subject 
to  such  restrictions,  limitations,  and  regulations  as  may  be  imposed  by 
the  Federal  Reserve  Board. 

OPEN-MARKET  OPERATIONS. 

§  14.  Cable  Transfers,  Bankers'  Acceptances  and  Bills  of  Ex- 
change.— Any  federal  reserve  bank  may,  under  rules  and  regulations 
prescribed  by  the  Federal  Reserve  Board,  purchase  and  sell  in  the 
open  market,  at  home  or  abroad,  either  from  or  to  domestic  or  foreign 
banks,  firms,  corporations,  or  individuals,  cable  transfers  and  bankers' 
acceptances  and  bills  of  exchange  of  the  kinds  and  maturities  by  this 
act  made  eligible  for  rediscount,  with  or  without  the  indorsement  of 
a  member  bank. 

Powers. — Every  federal  reserve  bank  shall  have  power : 

(a)  To  deal  in  gold  coin  and  bullion  at  home  or  abroad,  to  make 
loans  thereon,  exchange  federal  reserve  notes  for  gold,  gold  coin,  or 
gold  certificates,  and  to  contract  for  loans  of  gold  coin  or  bullion,  giv- 
ing therefor,  when  necessary,  acceptable  security,  including  the  hy- 
pothecation of  United  States  bonds  or  other  securities  which  federal 
reserve  banks  are  authorized  to  hold; 

(b)  To  buy  and  sell,  at  home  or  abroad,  bonds  and  notes  of  the 
United  States,  and  bills,  notes,  revenue  bonds,  and  warrants  with  a 
maturity  from  date  of  purchase  of  not  exceeding  six  months,  issued 
in  anticipation  of  the  collection  of  taxes  or  in  anticipation  of  the 
receipt  of  assured  revenues  by  any  State,  county,  district,  political 
subdivision,  or  municipality  in  the  continental  United  States,  includ- 
ing irrigation,  drainage  and  reclamation  districts,  such  purchases  to 
be  made  in  accordance  with  rules  and  regulations  prescribed  by  the 
Federal  Reserve  Board; 

(c)  To  purchase  from  member  banks  and  to  sell,  with  or  without  its 
indorsement,  bills  of  exchange  arising  out  of  commercial  transactions, 
as  hereinbefore  defined; 

(d)  To  establish  from  time  to  time,  subject  to  review  and  deter- 
mination of  the  Federal  Reserve  Board,  rates  of  discount  to  be  charged 
by  the  federal  reserve  bank  for  each  class  of  paper,  which  shall  be 
fixed  with  a  view  of  accommodating  commerce  and  business ; 

(e)  To  establish  accounts  with  other  federal  reserve  banks  for  ex- 
change purposes  and,  with  the  consent  of  the  Federal  Reserve  Board, 
to  open  and  maintain  banking  accounts  in  foreign  countries,  appoint 
correspondents,  and  establish  agencies  in  such  countries  wheresoever 
it  may  deem  best  for  the  purpose  of  purchasing,  selling,  and  collecting 
bills  of  exchange,  and  to  buy  and  sell  with  or  without  its  indorsement, 
through  such  correspondents  or  agencies,  bills  of  exchange  arising  out 
of  actual  commercial  transactions  which  have  not  more  than  ninety 


FEDERAL  RESERVE  ACT.  353 

days  to  run  and  which  bear  the  signature  of  two  or  more  responsible 
parties. 

GOVERNMENT  DEPOSITS. 

§  15.  General  Fund  of  Treasury. — The  moneys  held  in  the  general 
fund  of  the  Treasury,  except  the  five  per  centum  fund  for  the  redemp- 
tion of  outstanding  national  bank  notes  and  the  funds  provided  in  this 
act  for  the  redemption  of  federal  reserve  notes  may,  upon  the  direction 
of  the  Secretary  of  the  Treasury,  be  deposited  in  federal  reserve  banks, 
which  banks,  when  required  by  the  Secretary  of  the  Treasury,  shall 
act  as  fiscal  agents  of  the  United  States ;  and  the  revenues  of  the  gov- 
ernment or  any  part  thereof  may  be  deposited  in  such  banks,  and  dis- 
bursements may  be  made  by  checks  drawn  against  such  deposits. 

No  Public  Funds  Deposited  in  Any  Bank  not  Belonging  to  the  Sys- 
tem.— No  public  funds  of  the  Philippine  Islands,  or  of  the  postal 
savings,  or  any  government  funds,  shall  be  deposited  in  the  continental 
United  States  in  any  bank  not  belonging  to  the  system  established 
by  this  act:  Provided,  however,  That  nothing  in  this  act  shall  be  con- 
strued to  deny  the  right  of  the  Secretary  of  the  Treasury  to  use  mem- 
ber banks  as  depositaries. 

NOTE  ISSUES. 

§  16.  Federal  Reserve  Notes. — Federal  reserve  notes,  to  be  issued 
at  the  discretion  of  the  Federal  Reserve  Board  for  the  purpose  of 
making  advances  to  federal  reserve  banks  through  the  federal  reserve 
agents  as  hereinafter  set  forth  and  for  no  other  purpose,  are  hereby 
authorized.  The  said  notes  shall  be  obligations  of  the  United  States 
and  shall  be  receivable  by  all  national  and  member  banks  and  federal 
reserve  banks  and  for  all  taxes,  customs,  and  other  public  dues.  They 
shall  be  redeemed  in  gold  on  demand  at  the  Treasury  Department  of 
the  United  States,  in  the  city  of  Washington,  District  of  Columbia,  or 
in  gold  or  lawful  money  at  any  federal  reserve  bank. 

Application. — Any  federal  reserve  bank  may  make  application  to  the 
local  federal  reserve  agent  for  such  amount  of  the  federal  reserve  notes 
hereinbefore  provided  for  as  it  may  require. 

Collateral. — Such  application  shall  be  accompanied  with  a  tender  to 
the  local  federal  reserve  agent  of  collateral  in  amount  equal  to  the 
sum  of  the  federal  reserve  notes  thus  applied  for  and  issued  pursuant 
to  such  application.  The  collateral  security  thus  offered  shall  he  notes 
and  bills,  accepted  for  rediscount  under  the  provisions  of  section  13 
of  this  act,  and  the  federal  reserve  agent  shall  each  day  notify  the 
Federal  Reserve  Board  of  all  issues  and  withdrawals  of  federal  reserve 
notes  to  and  by  the  federal  reserve  bank  to  which  he  is  accredited. 
The  said  Federal  Reserve  Board  may  at  any  time  call  upon  a  federal 
reserve  bank  for  additional  security  to  protect  the  federal  reserve 
notes  issued  to  it. 

Eeserves. — Every  federal  reserve  bank  shall  maintain  reserves  in 
gold  or  lawful  money  of  not  less  than  thirty-five  per  centum  against 
its  deposits  and  reserves  in  gold  of  not  less  than  forty  per  centum 
23 


354  HILLYER^S  LEGAL   MANUAL. 

against  its  federal  reserve  notes  in  actual  circulation,  and  not  offset  by- 
gold  or  lawful  money  deposited  with  the  federal  reserve  agent. 

Notes,  How  Paid  Out  and  Returned. — Notes  so  paid  out  shall  bear 
upon  their  faces  a  distinctive  letter  and  serial  number,  which  shall 
be  assigned  by  the  Federal  Reserve  Board  to  each  federal  reserve 
bank.  Whenever  federal  reserve  notes  issued  through  one  federal 
reserve  bank  shall  be  received  by  another  federal  reserve  bank  they 
shall  be  promptly  returned  for  credit  or  redemption  to  the  federal 
reserve  bank  through  which  they  were  originally  issued.  No  federal 
reserve  bank  shall  pay  out  notes  issued  through  another  under  penalty 
of  a  tax  of  ten  per  centum  upon  the  face  value  of  notes  so  paid  out. 

Notes  Presented  for  Redemption  at  the  Treasury. — Notes  presented 
for  redemption  at  the  Treasury  of  the  United  States  shall  be  paid  out 
of  the  redemption  fund  and  returned  to  the  federal  reserve  banks 
through  which  they  were  originally  issued,  and  thereupon  such  federal 
reserve  bank  shall,  upon  demand  of  the  Secretary  of  the  Treasury, 
reimburse  such  redemption  fund  in  lawful  money  or,  if  such  federal 
reserve  notes  have  been  redeemed  by  the  Treasurer  in  gold  or  gold 
certificates,  then  such  funds  shall  be  reimbursed  to  the  extent  deemed 
necessary  by  the  Secretary  of  the  Treasur}^  in  gold  or  gold  certificates, 
and  such  federal  reserve  bank  shall,  so  long  as  any  of  its  federal 
reserve  notes  remain  outstanding,  maintain  with  the  Treasurer  in  gold 
an  amount  sufficient  in  the  judgment  of  the  Secretary  to  provide  for 
all  redemptions  to  be  made  by  the  Treasurer.  Federal  reserve  notes 
received  by  the  Treasury,  otherwise  than  for  redemption,  may  be  ex- 
changed for  gold  out  of  the  redemption  fund  hereinafter  provided 
and  returned  to  the  reserve  bank  through  which  they  were  originally 
issued,  or  they  may  be  returned  to  such  bank  for  the  credit  of  the 
United  States.  Federal  reserve  notes  unfit  for  circulation  shall  be 
returned  by  the  federal  reserve  agents  to  the  Comptroller  of  the  Cur- 
rency for  cancellation  and  destruction. 

Deposit  in  Treasury  for  Redemption  of  Federal  Reserve  Notes.— 
The  Federal  Reserve  Board  shall  require  each  federal  reserve  bank 
to  maintain  on  deposit  in  the  Treasury  of  the  United  States  a  sum  in 
gold  sufficient  in  the  judgment  of  the  Secretary  of  the  Treasury  for 
the  redemption  of  the  federal  reserve  notes  issued  to  such  bank,  but 
in  no  event  less  than  five  per  centum;  but  such  deposit  of  gold  shall 
be  counted  and  included  as  part  of  the  forty  per  centum  reserve  here- 
inbefore required. 

Right  to  Grant  or  Reject  Application. — The  board  shall  have  the 
right,  acting  through  the  federal  reserve  agent,  to  grant  in  whole  or 
in  part  or  to  reject  entirely  the  application  of  any  federal  reserve  bank 
for  federal  reserve  notes;  but  to  the  extent  that  such  application  may 
be  granted  the  Federal  Reserve  Board  shall,  through  its  local  federal 
reserve  agent,  supply  federal  reserve  notes  to  the  bank  so  applying, 
and  such  bank  shall  be  charged  with  the  amount  of  such  notes  and 
shall  pay  such  rate  of  interest  on  said  amount  as  may  be  established 
by  the  Federal  Reserve  Board,  and  the  amount  of  such  federal  reserve 


FEDERAL  RESERVE  ACT.  355 

notes  so  issued  to  any  such  bank  shall,  upon  delivery,  toi^'cther  with 
such  notes  of  such  federal  reserve  bank  as  may  be  issued  under  section 
18  of  this  act  upon  security  of  United  States  two  per  centum  govern- 
ment bonds,  become  a  first  and  paramount  lien  on  all  the  assets  of  such 
bank. 

Federal  Reserve  Bank  may  Reduce  Liability. — Any  federal  reserve 
bank  may  at  any  time  reduce  its  liability  for  outstanding  federal 
reserve  notes  by  depositing,  with  the  federal  reserve  agent,  its  federal 
reserve  notes,  gold,  gold  certificates,  or  lawful  money  of  the  United 
States.  Federal  reserve  notes  so  deposited  shall  not  be  reissued,  ex- 
cept upon  compliance  with  the  conditions  of  an  original  issue. 

Redemption  of  Notes. — The  federal  reserve  agent  shall  hold  such  gold, 
gold  certificates,  or  lawful  money  available  exclusively  for  exchange 
for  the  outstanding  federal  reserve  notes  when  offered  by  the  reserve 
bank  of  which  he  is  a  director.  Upon  the  request  of  the  Secretary  of 
the  Treasury  the  Federal  Reserve  Board  shall  require  the  federal 
reserve  agent  to  transmit  so  much  of  said  gold  to  the  Treasury  of  the 
United  States  as  may  be  required  for  the  exclusive  purpose  of  the 
redemption  of  such  notes. 

Federal  Reserve  Bank  may  Substitute  Collateral. — Any  federal  re- 
serve bank  may  at  its  discretion  withdraw  collateral  deposited  with 
the  local  federal  reserve  agent  for  the  protection  of  its  federal  reserve 
notes  deposited  with  it  and  shall  at  the  same  time  substitute  therefor 
other  like  collateral  of  equal  amount  with  the  approval  of  the  federal 
reserve  agent  under  regulations  to  be  prescribed  by  the  Federal 
Reserve  Board. 

Notes  for  Circulation — Form  and  Tenor. — In  order  to  furnish  suit- 
able notes  for  circulation  as  federal  reserve  notes,  the  Comptroller  of 
the  Currency  shall,  under  the  direction  of  the  Secretary  of  the  Treas- 
ury, cause  plates  and  dies  to  be  engraved  in  the  best  manner  to  guard 
against  counterfeits  and  fraudulent  alterations,  and  shall  have  printed 
therefrom  and  numbered  such  quantities  of  such  notes  of  the  denomina- 
tions of  $5,  $10,  $20,  $50,  $100,  as  may  be  required  to  supply  the  federal 
reserve  banks.  Such  notes  shall  be  in  form  and  tenor  as  directed  by 
the  Secretary  of  the  Treasury  under  the  provisions  of  this  act  and  shall 
bear  the  distinctive  numbers  of  the  several  federal  reserve  banks 
through  which  they  are  issued. 

Notes  Held  for  Delivery. — When  such  notes  have  been  prepared, 
they  shall  be  deposited  in  the  Treasury,  or  in  the  subtreasury  or  mint 
of  the  United  States  nearest  the  place  of  business  of  each  federal 
reserve  bank  and  shall  be  held  for  the  use  of  such  bank  subject  to  the 
order  of  the  Comptroller  of  the  Currency  for  their  delivery,  as  pro- 
vided by  this  act. 

Expenses  Incidental  to  Issue  and  Retirement. — The  plates  and  dies 
to  be  procured  by  the  Comptroller  of  the  Currency  for  the  printing 
of  such  circulating  notes  shall  remain  under  his  control  and  direction, 
and  the  expenses  necessarily  incurred  in  executing  the  laws  relating 


356 

to  the  procuring  of  such  notes,  and  all  other  expenses  incidental  to 
their  issue  and  retirement,  shall  be  paid  by  the  federal  reserve  banks, 
and  the  Federal  Reserve  Board  shall  include  in  its  estimate  of  ex- 
penses levied  against  the  federal  reserve  banks  a  sufficient  amount  to 
cover  the  expenses  herein  provided  for. 

Examination  of  Plates,  Dies,  and  so  Forth. — The  examination  of 
plates,  dies,  bedpieces,  and  so  forth,  and  regulations  relating  to  such 
examination  of  plates,  dies,  and  so  forth,  of  national  bank  notes  pro- 
vided for  in  section  5174  Revised  Statutes,  is  hereby  extended  to 
include  notes  herein  provided  for. 

Appropriation. — Any  appropriation  heretofore  made  out  of  the  gen- 
eral funds  of  the  Treasury  for  engraving  plates  and  dies,  the  purchase 
of  distinctive  paper,  or  to  cover  any  other  expense  in  connection  with 
the  printing  of  national  bank  notes  or  notes  provided  for  by  the  act  of 
May  30,  1908,  and  any  distinctive  paper  that  may  be  on  hand  at  the 
time  of  the  passage  of  this  act  may  be  used  in  the  discretion  of  the 
Secretary  for  the  purposes  of  this  act,  and  should  the  appropriations 
heretofore  made  be  insufficient  to  meet  the  requirements  of  this  act  in 
addition  to  circulating  notes  provided  for  by  existing  law,  the  Secre- 
tary is  hereby  authorized  to  use  so  much  of  any  funds  in  the  Treasury 
not  otherwise  appropriated  for  the  purpose  of  furnishing  the  notes 
aforesaid:  Provided,  however,  That  nothing  in  this  section  contained 
shall  be  construed  as  exempting  national  banks  or  federal  reserve 
banks  from  their  liability  to  reimburse  the  United  States  for  any  ex- 
penses incurred  in  printing  and  issuing  circulating  notes. 

Deposit  from  Member  Banks  or  Federal  Reserve  Banks. — Every 
federal  reserve  bank  shall  receive  on  deposit  at  par  from  member 
banks  or  from  federal  reserve  banks  checks  and  drafts  drawn  upon 
any  of  its  depositors,  and  when  remitted  by  a  federal  reserve  bank, 
checks  and  drafts  drawn  by  any  depositor  in  any  other  federal  reserve 
bank  or  member  bank  upon  funds  to  the  credit  of  said  depositor  in 
said  reserve  bank  or  member  bank. 

Charges. — Nothing  herein  contained  shall  be  construed  as  prohibit- 
ing a  member  bank  from  charging  its  actual  expense  incurred  in  col- 
lecting and  remitting  funds,  or  for  exchange  sold  to  its  patrons.  The 
Federal  Reserve  Board  shall,  by  rule,  fix  the  charges  to  be  collected 
by  the  member  banks  from  its  patrons  whose  checks  are  cleared 
through  the  federal  reserve  bank  and  the  charge  which  may  be  im- 
posed for  the  service  of  clearing  or  collection  rendered  by  the  federal 
reserve  bank. 

Regulations  Governing  Transfer  of  Funds  and  Clearing-house. — 
The  Federal  Reserve  Board  shall  make  and  promulgate  from  time  to 
time  regulations  governing  the  transfer  of  funds  and  charges  therefor 
among  federal  reserve  banks  and  their  branches,  and  may  at  its  dis- 
cretion exercise  the  functions  of  a  clearing-house  for  such  federal 
reserve  banks,  or  may  designate  a  federal  reserve  bank  to  exercise 
such  functions,  and  may  also  require  each  such  bank  to  exercise  the 
functions  of  a  clearing-house  for  its  member  banks. 


FEDERAL  RESERVE  ACT.  357 

§  17.  Certain  Laws  Repealed. — So  much  of  the  provisions  of  sec- 
tion 5159  of  the  Revised  Statutes  of  the  United  States,  and  section  4 
of  the  act  of  June  20,  1874,  and  section  8  of  the  act  of  July  12,  1882, 
and  of  any  other  provisions  of  existing  statutes  as  require  that  before 
any  national  banking  associations  shall  be  authorized  to  commence 
banking  business  it  shall  transfer  and  deliver  to  the  Treasurer  of  the 
United  States  a  stated  amount  of  United  States  registered  bonds  is 
hereby  repealed. 

REFUNDING  BONDS. 

§  18.    Application  to  Sell  United  States  Bonds  Securing  Circulation. 

After  two  years  from  the  passage  of  this  act,  and  at  any  time  during 
a  period  of  twenty  years  thereafter,  any  member  bank  desiring  to 
retire  the  whole  or  any  part  of  its  circulating  notes,  may  file  with  the 
Treasurer  of  the  United  States  an  application  to  sell  for  its  account, 
at  par  and  accrued  interest.  United  States  bonds  securing  circulation 
to  be  retired. 

Quarterly  List  of  Applications — Board  may  Require  Reserve  Banks 
to  Purchase  Bonds. — The  Treasurer  shall,  at  the  end  of  each  quarterly 
period,  furnish  the  Federal  Reserve  Board  with  a  list  of  such  applica- 
tions, and  the  Federal  Reserve  Board  may,  in  its  discretion,  require 
the  federal  reserve  banks  to  purchase  such  bonds  from  the  banks 
whose  applications  have  been  filed  with  the  Treasurer  at  least  ten  days 
before  the  end  of  any  quarterly  period  at  which  the  Federal  Reserve 
Board  may  direct  the  purchase  to  be  made :  Provided,  That  federal 
reserve  banks  shall  not  be  permitted  to  purchase  an  amount  to  exceed 
$25,000,000  of  such  bonds  in  any  one  year,  and  which  amount  shall 
include  bonds  acquired  under  section  four  of  this  act  by  the  federal 
reserve  bank. 

Allotment. — Provided  further.  That  the  Federal  Reserve  Board  shall 
allot  to  each  federal  reserve  bank  such  proportion  of  such  bonds  as 
the  capital  and  surplus  of  such  bank  shall  bear  to  the  aggregate  capi- 
tal and  surplus  of  all  the  federal  reserve  banks. 

Manner  of  Purchase. — ^Upon  notice  from  the  Treasurer  of  the  amount 
of  bonds  so  sold  for  its  account,  each  member  bank  shall  duly  assign 
and  transfer,  in  writing,  such  bonds  to  the  federal  reserve  bank  pur- 
chasing the  same,  and  such  federal  reserve  bank  shall,  thereupon, 
deposit  lawful  money  with  the  Treasurer  of  the  United  States  for  the 
purchase  price  of  such  bonds,  and  the  Treasurer  shall  pay  to  the  mem- 
ber bank  selling  such  bonds  any  balance  due  after  deducting  a  suffi- 
cient sum  to  redeem  its  outstanding  notes  secured  by  such  bonds, 
which  notes  shall  be  canceled  and  permanently  retired  when  redeemed. 

Banks  Purchasing  Permitted  to  Take  Out  Notes. — The  federal  re- 
serve banks  purchasing  such  bonds  shall  be  permitted  to  take  out  an 
amount  of  circulating  notes  equal  to  the  par  value  of  such  bonds. 

Bank  to  Receive  Notes  Equal  to  Par  of  Bonds  Deposited. — 
Upon  the  deposit  with  the  Treasurer  of  the  United  States  of  bonds  so 
purchased",  or  any  bonds  with  the  circulating  privilege  acquired  under 


358 

section  four  of  this  act,  any  federal  reserve  bank  making  such  deposit 
in  the  manner  provided  by  existing  law,  shall  be  entitled  to  receive 
from  the  Comptroller  of  the  Currency  circulating  notes  in  blank,  regis- 
tered and  countersigned  as  provided  by  law,  equal  in  amount  to  the 
par  value  of  the  bonds  so  deposited.  Such  notes  shall  be  the  obliga- 
tions of  the  federal  reserve  bank  procuring  the  same,  and  shall  be  in 
form  prescribed  by  the  Secretary  of  the  Treasury,  and  to  the  same 
tenor  and  effect  as  national  bank  notes  now  provided  by  law.  They 
shall  be  issued  and  redeemed  under  the  same  terms  and  conditions  as 
national  bank  notes  except  that  they  shall  not  be  limited  to  the  amount 
of  the  capital  stock  of  the  federal  reserve  bank  issuing  them. 

One  Year  Grold  Notes  ajid  Thirty  Year  Three  per  Centum  Gold 
Bonds. — Upon  application  of  any  federal  reserve  bank,  approved  by 
the  Federal  Reserve  Board,  the  Secretary  of  the  Treasury  may  issue, 
in  exchange  for  United  States  two  per  centum  gold  bonds  bearing  the 
circulation  privilege,  but  against  which  no  circulation  is  outstanding, 
one  year  gold  notes  of  the  United  States  without  the  circulation 
privilege,  to  an  amount  not  to  exceed  one-half  of  the  two  per  centum 
bonds  so  tendered  for  exchange,  and  thirty  year  three  per  centum 
gold  bonds  without  the  circulation  privilege  for  the  remainder  of  the 
two  per  centum  bonds  so  tendered:  Provided,  That  at  the  time  of  such 
exchange  the  federal  reserve  bank  obtaining  such  one  year  gold  notes 
shall  enter  into  an  obligation  with  the  Secretary  of  the  Treasury  bind- 
ing itself  to  purchase  from  the  United  States  for  gold  at  the  maturity 
of  such  one  year  notes,  an  amount  equal  to  those  delivered  in  exchange 
for  such  bonds,  if  so  requested  by  the  Secretary,  and  at  each  maturity 
of  one  year  notes  so  purchased  by  such  federal  reserve  bank,  to  pur- 
chase from  the  United  States  such  an  amount  of  one  year  notes  as  the 
Secretary  may  tender  to  such  bank,  not  to  exceed  the  amount  issued 
to  such  bank  in  the  first  instance,  in  exchange  for  the  two  per  centum 
United  States  gold  bonds;  said  obligation  to  purchase  at  maturity  such 
notes  shall  continue  in  force  for  a  period  not  to  exceed  thirty  years. 

Treasury  Notes^ — Form. — For  the  purpose  of  making  the  exchange 
herein  provided  for,  the  Secretary  of  the  Treasury  is  authorized  to 
issue  at  par  Treasury  notes  in  coupon  or  registered  form  as  he  may 
prescribe  in  denominations  of  $100,  or  any  multiple  thereof,  bearing 
interest  at  the  rate  of  three  per  centum  per  annum,  payable  quarterly, 
such  Treasury  notes  to  be  payable  not  more  than  one  year  from  the 
date  of  their  issue  in  gold  coin  of  the  present  standard  value,  and  to  be 
exempt  as  to  principal  and  interest  from  the  payment  of  all  taxes  and 
duties  of  the  United  States  except  as  provided  by  this  act,  as  w^ell  as 
from  taxes  in  any  form  by  or  under  State,  municipal,  or  local 
authorities. 

United  States  Bonds — Tenor  and  Effect. — And  for  the  same  purpose, 
the  Secretary  is  authorized  and  empowered  to  issue  United  States  gold 
bonds  at  par,  bearing  three  per  centum  interest  payable  thirty  years 
from  date  of  issue,  such  bonds  to  be  of  the  same  general  tenor  and 
effect  and  to  be  issued  under  the  same  general  terms  and  conditions  as 


'     FEDERAL  RESERVE  ACT.  359 

the  United  States  three  per  centum    bonds    without    the  circulation 
privilege  now  issued  and  outstanding. 

Bonds  in  Exchange  for  One  Year  Gold  Notes. — Upon  application  of 
any  federal  reserve  bank,  approved  by  the  Federal  Reserve  Board,  the 
Secretary  may  issue  at  par  such  three  per  centum  bonds  in  exchange 
for  the  one  year  gold  notes  herein  provided  for. 

BANK  RESERVES. 

§  19.  Demand  Deposits. — Demand  deposits  within  the  meaning  of 
this  act  shall  comprise  all  deposits  payable  Avithin  thirty  days,  and 
time  deposits  shall  comprise  all  deposits  payable  after  thirty  days,  and 
all  savings  accounts  and  certificates  of  deposit  which  are  subject  to 
not  less  than  thirty  days'  notice  before  payment. 

Reserves. — When  the  Secretary  of  the  Treasury  shall  have  officially 
announced,  in  such  manner  as  he  may  elect,  the  establishment  of  a 
federal  reserve  bank  in  any  district,  every  subscribing  member  bank 
shall  establish  and  maintain  reserves  as  follows  : 

Bank  not  in  a  Reserve  or  Central  Reserve  City. — (a)  A  bank  not  in 
a  reserve  or  central  reserve  city  as  now  or  hereafter  defined  shall  hold 
and  maintain  reserves  equal  to  twelve  per  centum  of  the  aggregate 
amount  of  its  demand  deposits  and  five  per  centum  of  its  time  de- 
posits, as  follows : 

In  its  vaults  for  a  period  of  thirty-six  months  after  said  date  five- 
twelfths  thereof  and  permanently  thereafter  four-twelfths. 

In  the  federal  reserve  bank  of  its  district,  for  a  period  of  twelve 
months  after  said  date,  two-twelfths,  and  for  each  succeeding  six 
months  an  additional  one-twelfth,  until  five-twelfths  have  been  so 
deposited,  which  shall  be  the  amount  permanently  required. 

For  a  period  of  thirty-six  months  after  said  date  the  balance  of  the 
reserves  may  be  held  in  its  own  vaults,  or  in  the  federal  reserve  bank, 
or  in  national  banks  in  reserve  or  central  reserve  cities  as  now  defined 
by  law. 

After  said  thirty-six  months'  period  said  reserves,  other  than  those 
hereinbefore  required  to  be  held  in  the  vaults  of  the  member  bank 
and  in  the  federal  reserve  bank,  shall  be  held  in  the  vaults  of  the 
member  bank  or  in  the  federal  reserve  bank,  or  in  both,  at  the  option 
of  the  member  bank. 

Bank  in  a  Reserve  City. — (b)  A  bank  in  a  reserve  city,  as  now  or 
hereafter  defined,  shall  hold  and  maintain  reserves  equal  to  fifteen  per 
centum  of  the  aggregate  amount  of  its  demand  deposits  and  five  per 
centum  of  its  time  deposits,  as  follows : 

In  its  vaults  for  a  period  of  thirty-six  months  after  said  date  six- 
fifteenths  thereof,  and  permanently  thereafter  five-fifteenths. 

In  the  federal  reserve  bank  of  its  district  for  a  period  of  twelve 
months  after  the  date  aforesaid  at  least  three-fifteenths,  and  for  each 
succeeding  six  months  an  additional  one-fifteenth,  until  six-fifteenths 
have  been  so  deposited,  which  shall  be  the  amount  permanently 
required. 


360  hillyer's  legal  manual. 

For  a  period  of  thirty-six  months  after  said  date  the  balance  of  the 
reserves  may  be  held  in  its  own  vaults,  or  in  the  federal  reserve  bank, 
or  in  national  banks  in  reserve  or  central  reserve  cities  as  now  defined 
by  law. 

After  said  thirty-six  months'  period  all  of  said  reserves,  except  those 
hereinbefore  required  to  be  held  permanently  in  the  vaults  of  the 
member  bank  and  in  the  federal  reserve  bank,  shall  be  held  in  its 
vaults  or  in  the  federal  reserve  bank,  or  in  both,  at  the  option  of  the 
member  bank. 

Bank  in  a  Central  Reserve  City. — (c)  A  bank  in  a  central  reserve 
city,  as  now  or  hereafter  defined,  shall  hold  and  maintain  a  reserve 
equal  to  eighteen  per  centum  of  the  aggregate  amount  of  its  demand 
deposits  and  five  per  centum  of  its  time  deposits,  as  follows : 

In  its  vaults  six-eighteenths  thereof. 

In  the  federal  reserve  bank  seven-eighteenths. 

The  balance  of  said  reserves  shall  be  held  in  its  own  vaults  or  in  the 
federal  reserve  bank,  at  its  option. 

Federal  Reserve  Bank  may  Receive  as  Reserves  Eligible  Paper. — 
Any  federal  reserve  bank  may  receive  from  the  member  banks  as 
reserves,  not  exceeding  one-half  of  each  installment,  eligible  paper  as 
described  in  section  14  properly  indorsed  and  acceptable  to  the  said 
reserve  bank. 

Reserve  Deposits  Kept  in  State  Bank. — If  a  State  bank  or  trust 
company  is  required  hy  the  law  of  its  State  to  keep  its  reserves  either 
in  its  own  vaults  or  with  another  State  bank  or  trust  company,  such 
reserve  deposits  so  kept  in  such  State  bank  or  trust  company  shall  be 
construed,  within  the  meaning  of  this  section,  as  if  they  were  reserve 
deposits  in  a  national  bank  in  a  reserve  or  central  reserve  city  for  a 
period  of  three  years  after  the  Secretary  of  the  Treasury  shall  have 
officially  announced  the  establishment  of  a  federal  reserve  bank  in  the 
district  in  which  such  State  bank  or  trust  company  is  situate. 

Deposit  With  Nonmember  Bank. — Except  as  thus  provided,  no  mem- 
ber bank  shall  keep  on  deposit  with  any  nonmember  bank  a  sum  in 
excess  of  ten  per  centum  of  its  own  paid-up  capital  and  surplus.  No 
member  bank  shall  act  as  the  medium  or  agent  of  a  nonmember  bank 
in  applying  for  or  receiving  discounts  from  a  federal  reserve  bank 
under  the  provisions  of  this  act  except  by  permission  of  the  Federal 
Reserve  Board. 

Reserve  may  be  Checked  Against. — The  reserve  carried  by  a  mem- 
ber bank  with  a  federal  reserve  bank  may,  under  the  regulations  and 
subject  to  such  penalties  as  may  be  prescribed  by  the  Federal  Reserve 
Board,  be  checked  against  and  withdrawn  by  such  member  bank  for 
the  purpose  of  meeting  existing  liabilities. 

No  New  Loans  Until  Reserve  Restored. — Provided,  however,  That  no 
bank  shall  at  any  time  make  new  loans  or  shall  pay  any  dividends 
unless  and  until  the  total  reserve  required  by  law  is  fully  restored. 

Estimating  Reserves. — In  estimating  the  reserves  required  by  this 
act,  the  net  balance  of  amounts  due  to  and  from  other  banks  shall  be 


FEDERAL  RESERVE  ACT.  361 

taken  as  the  basis  for  ascertaining  the  deposits  against  which  reserves 
shall  be  determined.  Balances  in  reserve  banks  due  to  member  banks 
shall,  to  the  extent  herein  provided,  be  counted  as  reserves. 

Banks  in  Alaska  or  Outside  Continental  United  States. — National 
banks  located  in  Alaska  or  outside  the  continental  United  States  may 
remain  nonmember  banks,  and  shall  in  that  event  maintain  reserves 
and  comply  with  all  the  conditions  now  provided  by  law  regulating 
them;  or  said  banks,  except  in  the  Philippine  Islands,  may,  with  the 
consent  of  the  reserve  board,  become  member  banks  of  any  one  of 
the  reserve  districts,  and  shall,  in  that  event,  take  stock,  maintain 
reserves,  and  be  subject  to  all  the  other  provisions  of  this  act. 

§  20.  Act  of  June  20,  1874,  Repealed  in  Part. — So  much  of  sections 
2  and  3  of  the  act  of  June  20,  1874,  entitled  ''An  act  fixing  the  amount 
of  United  States  notes,  providing  for  a  redistribution  of  the  national 
bank  currency,  and  for  other  purposes,"  as  provides  that  the  fund 
deposited  by  any  national  banking  association  with  the  Treasurer  of 
the  United  States  for  the  redemption  of  its  notes  shall  be  counted  as 
a  part  of  its  lawful  reserve  as  provided  in  the  act  aforesaid,  is  hereby 
repealed.  And  from  and  after  the  passage  of  this  act  such  fund  of 
five  per  centum  shall  in  no  case  be  counted  by  any  national  banking 
association  as  a  part  of  its  lawful  reserve. 

BANK  EXAMINATIONS. 

§  21.  Examiners. — Section  5240,  United  States  Revised  Statutes, 
is  amended  to  read  as  follows : 

The  Comptroller  of  the  Currency,  with  the  approval  of  the  Secre- 
tary of  the  Treasury,  shall  appoint  examiners  who  shall  examine  every 
member  bank  at  least  twice  in  each  calendar  year  and  oftener  if  con- 
sidered necessary. 

Examination  by  State  Authorities. — Provided,  however.  That  the 
Federal  Reserve  Board  may  authorize  examination  by  the  State  au- 
thorities to  be  accepted  in  the  case  of  State  Banks  and  trust  com- 
panies and  may  at  any  time  direct  the  holding  of  a  special  examina- 
tion of  State  banks  or  trust  companies  that  are  stockholders  in  any 
federal  reserve  bank. 

Powers  and  Duties  of  Examiners. — The  examiner  making  the  ex- 
amination of  any  national  bank,  or  of  any  other  member  bank,  shall 
have  power  to  make  a  thorough  examination  of  all  the  affairs  of  the 
bank,  and  in  doing  so  he  shall  have  powder  to  administer  oaths  and  to 
examine  any  of  the  officers  and  agents  thereof  under  oath  and  shall 
make  a  full  and  detailed  report  of  the  cond-ition  of  said  bank  to  the 
Comptroller  of  the  Currency. 

Salaries  of  Bank  Examiners. — The  Federal  Reserve  Board,  upon  the 
recommendation  of  the  Comptroller  of  the  Currency,  shall  fix  the 
salaries  of  all  bank  examiners  and  make  report  thereof  to  Congress. 

Expense  of  Examinations. — The  expense  of  the  examinations  herein 
provided  for  shall  be  assessed  by  the  Comptroller  of  the  Currency  upon 


362  hillyer's  legal  manual. 

the  banks  examined  in  proportion  to  assets  or  resources  held  by  the 
banks  upon  the  dates  of  examination  of  the  various  banks. 

Special  Examination. — In  addition  to  the  examinations  made  and 
conducted  by  the  Comptroller  of  the  Currency,  every  federal  reserve 
bank  may,  with  the  approval  of  the  federal  reserve  agent  or  the 
Federal  Reserve  Board,  provide  for  special  examination  of  member 
banks  within  its  district.  The  expense  of  such  examinations  shall 
be  borne  by  the  bank  examined.  Such  examinations  shall  be  so  con- 
ducted as  to  inform  the  federal  reserve  bank  of  the  condition  of  its 
member  banks  and  of  the  lines  of  credit  which  are  being  extended 
by  them.  Every  federal  reserve  bank  shall  at  all  times  furnish  to 
the  Federal  Reserve  Board  such  information  as  may  be  demanded  con- 
cerning the  condition  of  any  member  bank  within  the  district  of  the 
said  federal  reserve  bank. 

No  Bank  Subject  to  Visitatorial  Powers. — No  bank  shall  be  subject 
to  any  visitatorial  powers  other  than  such  as  are  authorized  by  law, 
or  vested  in  the  courts  of  justice  or  such  as  shall  be  or  shall  have 
been  exercised  or  directed  by  Congress,  or  by  either  House  thereof 
or  by  any  committee  of  Congress  or  of  either  House  duly  authorized. 

Examination  of  Federal  Reserve  Bank. — The  Federal  Reserve  Board 
shall,  at  least  once  each  year,  order  an  examination  of  each  federal 
reserve  bank,  and  upon  joint  application  of  ten  member  banks  the 
Federal  Reserve  Board  shall  order  a  special  examination  and  report 
of  the  condition  of  any  federal  reserve  bank. 

§  22.  Loan  or  Gratuity  to  Bank  Examiner. — No  member  bank 
or  any  officer,  director,  or  employee  thereof  shall  hereafter  make 
any  loan  or  grant  any  gratuity  to  any  bank  examiner.  Any  bank 
officer,  director,  or  employee  violating  this  provision  shall  be  deemed 
guilty  of  a  misdemeanor  and  shall  be  imprisoned  not  exceeding  one 
year  or  fined  not  more  than  $5,000,  or  both ;  and  may  be  fined  a  fur- 
ther sum  equal  to  the  money  so  loaned  or  gratuity  given.  Any  ex- 
aminer accepting  a  loan  or  gratuity  from  any  bank  examined  by  him 
or  from  an  officer,  director,  or  employee  thereof  shall  be  deemed 
guilty  of  a  misdemeanor  and  shall  be  imprisoned  not  exceeding  one 
year  or  fined  not  more  than  $5,000,  or  both ;  and  may  be  fined  a  fur- 
ther sum  equal  to  the  money  so  loaned  or  gratuity  given;  and  shall 
forever  thereafter  be  disqualified  from  holding  office  as  a  national 
bank  examiner. 

No  Examiner  shall  Perform  Other  Service  for  Compensation. — No 
national  bank  examiner  shall  perform  any  other  service  for  compensa- 
tion while  holding  such  office  for  any  bank  or  officer, -director,  or  em- 
ployee thereof. 

Fee,  Commission,  Gift,  in  Connection  With  Transaction  of  Bank. — 
Other  than  the  usual  salary  or  director's  fee  paid  to  any  officer,  direc- 
tor, or  employee  of  a  member  bank  and  other  than  a  reasonable  fee 
paid  by  said  bank  to  such  officer,  director,  or  employee  for  services 
rendered  to  such  bank,  no  officer,  director,  employee,  or  attorney  of 


FEDERAL  RESERVE  ACT.  363 

a  member  bank  shall  be  a  beneficiary  of  or  receive,  directly  or  indi- 
rectly, any  fee,  commission,  gift,  or  other  consideration  for  or  in 
connection  v^^ith  any  transaction  or  business  of  the  bank. 

No  examiner,  public  or  private,  shall  disclose  the  names  of  borrowers 
or  the  collateral  for  loans  of  a  member  bank  to  other  than  the  proper 
officers  of  sucL  bank  without  first  having  obtained  the  express  per- 
mission in  writing  from  the  Comptroller  of  the  Currency,  or  from 
the  board  of  directors  of  such  bank,  except  when  ordered  to  do  so 
by  a  court  of  competent  jurisdiction,  or  by  direction  of  the  Congress 
of  the  United  States,  or  of  either  House  thereof,  or  any  committee 
of  Congress  or  of  either  House  duly  authorized.  Any  person  violat- 
ing any  provision  of  this  section  shall  be  punished  by  a  fine  of  not 
exceeding  $5,000  or  by  imprisonment  not  exceeding  one  year,  or  both. 

Except  as  provided  in  existing  laws,  this  provision  shall  not  take 
effect  until  sixty  days  after  the  passage  of  this  act. 

§  23.  Stockholders'  Liability. — The  stockholders  of  every  national 
banking  association  shall  be  held  individually  responsible  for  all  con- 
tracts, debts,  and  engagements  of  such  association,  each  to  the  amount 
of  his  stock  therein,  at  the  par  value  thereof  in  addition  to  the 
amount  invested  in  such  stock.  The  stockholders  in  any  national 
banking  association  who  shall  have  transferred  their  shares  or  reg- 
istered the  transfer  thereof  within  sixty  days  next  before  the  date 
of  the  failure  of  such  association  to  meet  its  obligations,  or  with  knowl- 
edge of  such  impending  failure,  shall  be  liable  to  the  same  extent  ag 
if  they  had  made  no  such  transfer,  to  the  extent  that  the  subsequent 
transferee  fails  to  meet  such  liability,  but  this  provision  shall  not  be 
construed  to  affect  in  any  way  any  recourse  which  such  shareholders 
might  otherwise  have  against  those  in  whose  names  such  shares  are 
registered  at  the  time  of  such  failure. 

LOANS  ON  FARM  LANDS. 

§  24.  Conditions. — Any  national  banking  association  not  situated 
in  a  central  reserve  city  may  make  loans  secured  by  improved  and 
unencumbered  farm  land,  situated  within  its  federal  reserve  district, 
but  no  such  loan  shall  be  made  for  a  longer  time  than  five  years,  nor 
for  an  amount  exceeding  fifty  per  centum  of  the  actual  value  of  the 
property  offered  as  security.  Any  such  bank  may  make  such  loans 
in  an  aggregate  sum  equal  to  twenty-five  per  centum  of  its  capital 
and  surplus  or  to  one-third  of  its  time  deposits  and  such  banks  may 
continue  hereafter  as  heretofore  to  receive  time  deposits  and  to  pay 
interest  on  the  same. 

Board  may  Add  to  List  of  Cities  in  Which  Banks  not  Permitted  to 
Make  Farm  Loans. — The  Federal  Reserve  Board  shall  have  power 
from  time  to  time  to  add  to  the  list  of  cities  in  which  national  banks 
shall  riot  be  permitted  to  make  loans  secured  upon  real  estate  in  the 
manner   described  in  this   section. 

§  25.    Application  to  Establish  Branches  in  Foreign  Countries. — 

Any  national  banking  association  possessing  a  capital  and  surplus  of 


364  hillyer's  legal  manual. 

$1,000,000  or  more  may  file  application  with  the  Federal  Reserve 
Board,  upon  such  conditions  and  under  such  regulations  as  may  be 
prescribed  by  the  said  board,  for  the  purpose  of  securing  authority 
to  establish  branches  in  foreign  countries  or  dependencies  of  the 
United  States  for  the  furtherance  of  the  foreign  commerce  of  the 
United  States,  and  to  act,  if  required  to  do  so,  as  fiscal  agents  of 
the  United  States.  Such  application  shall  specify,  in  addition  to  the 
name  and  capital  of  the  banking  association  filing  it,  the  place  or 
places  where  the  banking  operations  proposed  are  to  be  carried  on, 
and  the  amount^  of  capital  set  aside  for  the  conduct  of  its  foreign  busi- 
ness. The  Federal  Reserve  Board  shall  have  power  to  approve  or 
to  reject  such  application  if,  in  its  judgment,  the  amount  of  capital 
proposed  to  be  set  aside  for  the  conduct  of  foreign  business  is  in- 
adequate, or  if  for  other  reasons  the  granting  of  such  application  is 
deemed  inexpedient. 

Information  Concerning  the  Condition  of  Branches. — Every  national 
banking  association  which  shall  receive  authority  to  establish  foreign 
branches  shall  be  required  at  all  times  to  furnish  information  con- 
cerning the  condition  of  such  branches  to  the  Comptroller  of  the  Cur- 
rency upon  demand,  and  the  Federal  Reserve  Board  may  order  special 
examinations  of  the  said  foreign  branches  at  such  time  or  times  as  it 
may  deem  best. 

Accounts  of  Foreign  Branch. — Every  such  national  banking  associa- 
tion shall  conduct  the  accounts  of  each  foreign  branch  independently 
of  the  accounts  of  other  foreign  branches  established  by  it  and  of 
its  home  office,  and  shall  at  the  end  of  each  fiscal  period  transfer  to 
its  general  ledger  the  profit  or  loss  accruing  at  each  branch  as  a 
separate  item. 

§  26.  Parity  Provision. — All  provisions  of  law  inconsistent  with 
or  superseded  by  any  of  the  provisions  of  this  act  are  to  that  extent 
and  to  that  extent  only  hereby  repealed:  Provided,  Nothing  in  this 
act  contained  shall  be  construed  to  repeal  the  parity  provision  or  pro- 
visions contained  in  an  act  approved  March  14,  1900  entitled  "An  act 
to  define  and  fix  the  standard  of  value,  to  maintain  the  parity  of  all 
forms  of  money  issued  or  coined  by  the  United  States,  to  refund  the 
public  debt,  and  for  other  purposes,"  and  the  Secretary  of  the  Treas- 
ury may  for  the  purpose  of  maintaining  such  parity  and  to  strengthen 
the  gold  reserve,  borrow  gold  on  the  security  of  United  States  bonds 
authorized  by  section  2  of  the  act  last  referred  to  or  for  one-year  gold 
notes  bearing  interest  at  a  rate  of  not  to  exceed  three  per  centum 
per  annum,  or  sell  the  same  if  necessary  to  obtain  gold.  When  the 
funds  of  the  Treasury  on  hand  justify,  he  may  purchase  and  retire 
such  outstanding  bonds  and  notes. 

§  27.  National  Currency  Associations,  Additional  National  Bank 
Circulation,  and  National  Monetary  Commission. — The  provisions  of 
the  act  of  May  30,  1908,  authorizing  national  currency  associations, 
the  issue  of  additional  national  bank  circulation,  and  creating  a  Na- 
tional Monetary  Commission,  which  expires  by  limitation  under  the 


FEDERAL   RESERVE   ACT.  365 

terms  of  such  act  on  the  30th  clay  of  June  1914,  are  hereby  extended 
to  June  30,  1915,  and  sections  5153,  5172,  5191,  and  5214, "of  the  Re- 
vised Statutes  of  the  United  States,  which  were  amended  by  the  act 
of  May  30,  1908,  are  hereby  re-enacted  to  read  as  such  sections  read 
prior  to  May  30,  1908,  subject  to  such  amendments  or  modifications 
as  are  prescribed  in  this  act: 

Tax  Rates. — Provided,  however.  That  section  9  of  the  act  first 
referred  to  in  this  section  is  hereby  amended  so  as  to  change  the  tax 
rates  fixed  in  said  act  by  making  the  portion  applicable  thereto  read 
as  follows: 

National  banking  associations  having  circulating  notes  secured  other- 
wise than  by  bonds  of  the  United  States,  shall  pay  for  the  first  three 
months  a  tax  at  the  rate  of  three  per  centum  per  annum  upon  the 
average  amount  of  such  of  their  notes  in  circulation  as  are  based  upon 
the  deposit  of  such  securities,  and  afterward  an  additional  tax  rate 
of  one-half  of  one  per  centum  per  annum  for  each  month  until  a  tax 
of  six  per  centum  per  annum  is  reached,  and  thereafter  such  tax  of 
six  per  centum  per  annum  upon  the  average  amount  of  such  notes. 

§  28.  Reduction  of  Capital  Stock. — Section  5143  of  the  Revised 
Statutes  is  hereby  amended  and  re-enacted  to  read  as  follows:  Any 
association  formed  under  this  title  may,  by  the  vote  of  shareholders 
owning  two-thirds  of  its  capital  stock,  reduce  its  capital  to  any  sum 
not  below  the  amount  required  by  this  title  to  authorize  the  forma- 
tion of  associations;  but  no  such  reduction  shall  be  allowable  which 
will  reduce  the  capital  of  the  association  below  the  amount  required 
for  its  outstanding  circulation,  nor  shall  any  reduction  be  made  until 
the  amount  of  the  proposed  reduction  has  been  reported  to  the  Comp- 
troller of  the  Currency  and  such  reduction  has  been  approved  by  the 
said  Comptroller  of  the  Currency  and  by  the  Federal  Reserve  Board, 
or  by  the  organization  committee  pending  the  organization  of  the 
Federal  Reserve  Board. 

§  29.  If  Part  of  Act  Adjudged  Invalid. — If  any  clause,  sentence, 
paragraph,  or  part  of  this  act  shall  for  any  reason  be  adjudged  by  any 
court  of  competent  jurisdiction  to  be  invalid,  such  judgment  shall 
not  affect,  impair,  or  invalidate  the  remainder  of  this  act,  but  shall 
be  confined  in  its  operation  to  the  clause,  sentence,  paragraph,  or  part 
thereof  directly  involved  in  the  controversy  in  which  such  judgment 
shall  have  been  rendered. 

§  30.     Right  to  Amend,  Alter,  or  Repeal. — The  right  to  amend,  alter, 
or  repeal  this  act  is  hereby  expressly  reserved. 
Approved,  December  23,  1913. 


366  hillyer's  legal  manual. 

BANKS  IN  CALIFORNIA. 

Alameda — 90. 

98^ — Alameda  National. 
9^ — Alameda  Savings. 
100 — Citizens'  National. 
101 — Citizens'  Savings. 

Alhambra — 90. 

242 — Alhambra  Savings. 

241— First  National. 

244 — Alhambra  National  Bank. 

Alturas— 90. 

501 — First  National. 

Alvarado — 90. 

540 — Bank  of  Alameda  County. 

Anaheim — 90. 

370 — American  Savings. 

751 — Anaheim  National. 

368— First  National. 

369 — German  American. 

763 — Southern  County.  ' 

Anderson — 90. 

541 — Bank  of  Anderson. 

Angels  Camp — 90. 

542 — Calaveras  County  Bank. 

Antioch— 90. 

485 — ^Antioch  Bank  of  Savings. 
483— Bank  of  Antioch. 
484— First  National. 

Arbuckle— 90. 

543— Bank  of  Arbuckle. 

Areata — 90. 

544 — ^Bank  of  Areata. 

782 — Areata  Savings  Bank. 

793— First  National. 

Arlington — 90. 

545 — Citizens '. 

Arroyo  Grande — 90. 

546 — ^Bank  of  Arroyo  Grande. 

Artesia. 

547 — ^First  National. 

Atwater — 90. 

721 — Merced  Security  Savings. 


BANKS  IN   CALIFORNIA.  367 


Auburn — 90. 

391 — ^Auburn  Savings. 
390— First  National. 
389— Placer  County. 

Azusa — 90. 

454 — Azusa  Valley  Savings. 

453 — First  National. 

455 — United  States  National. 

Bakersfield— 90. 

619— First  Bank  of  Kern. 
139— First  National. 
141 — National  Bank  of  Bakersfield. 
138 — Producers'  Savings. 
140--Security  Trust. 

Banning — 90. 

548 — First  National. 

Beaumont — 90. 

549 — Bank  of  Beaumont. 

Benicia — 90. 

550— People's  Bank. 

Berkeley— 90. 

41 — Berkeley  Bank  of  Savings  and  Trust  Co. 

44 — Berkeley  National. 

42. — ^First  National. 

45 — Homestead  Savings. 

668— South  Berkeley. 
43 — ^University  Savings. 

687— West  Berkeley. 
Biggs— 90. 

551 — Sacramento  Valley. 
Bigpine — 90. 

552 — Inyo   County. 
Bishop — 90. 

471 — Inyo  County. 

472 — Owens  Valley. 
Black  Diamond — See  Pittsburg. 
Blythe— 90. 

554— Palo  Verde  Valley. 
Brawley— 90. 

509— First  National. 

508 — Imperial  Valley  Savings. 
Brea— 90. 

735— La  Habra  Valley. 
Brentwood — 90. 

781— Bank  of  Brentwood. 


368  hillyer's  legal  manual. 

Burbank— 90. 

720— Burbank  Savings. 

556— First  National. 

791 — Farmers  &  Merchants'  Bank. 
Burlingame — 90. 

557 — Bank  of  Burlingame. 
Butte  City— 90. 

558 — Sacramento  Valley. 
Byron— 90. 

559— Bank  of  Tracy. 

Calexico— 90. 

518 — Calexico  National. 

519— First  National. 
Calistoga — 90. 

560 — Oalistoga  National. 
Cambria — 90. 

561 — Bank  of  Cambria. 
Campbell— 90. 

562— Bank  of  Campbell. 
Carpenteria — 90. 

69S — Commercial  Savings. 
Cedarville— 90. 

563 — Surprise  Valley. 
Centerville- 90. 

564 — Bank  of  Centerville. 
Ceres- 90. 

565 — Bank  of  Ceres. 
Chico — 90. 

304— Bank  of  Chico. 

305 — Butte  County  National. 

306 — Butte  County  Savings. 

307— First  National. 
Chino— 90. 

757 — Chino  Savings. 

566— First  National. 
Chowchilla— 90. 

592— Bank  of  Chowchilla. 
Chula  Vista— 90. 

742— Chula  Vista  State. 

567— People's  State. 
Claremont — 90. 

764 — Claremont  National. 

568— First  National. 
Cloverdale— 90. 

569 — Bank  of  Cloverdale. 


BANKS  IN   CALIFORNIA.  369 


Clovis— 90. 

738— First  National. 

570— First  State. 
CoachellBr— 90. 

767— First  National. 
Coalinga^90. 

291— Bank  of  Ooalinga. 

292— First  National. 
Colfax— 90. 

571— Colfax  Bank. 
Colton— 90. 

300— Oolton  National. 

299— First  National. 
Colusa— 90. 

443 — ^Colusa  County. 

444 — First  Savings. 

704— First  National. 
Compton — 90. 

498 — Citizens '  Savings. 

499— First  National. 

789 — Farmers  &  Merchants'  Bank  of  Compton. 
Concord— 90. 

525— Bank  of  Concord. 

526— First  National. 

759— San  Ramon  Valley. 
Corcoran — 90. 

534 — First  National. 

535 — First  Savings. 
Coming^ — 90. 

572^ — Bank  of  Corning. 

755 — Tehama  County  Savings. 
Corona — 90. 

318— Citizens'  Bank. 

320 — Corona  National. 

319— First  National. 
Coronado— 90. 

573 — ^Bank  of  Commerce  and  Trust  Co. 
Covina— 90. 

434 — Covina  National. 

433 — Covina  Valley  Savings. 

432^First  National. 
Crescent  City— 90. 

482— Bank  of  Cfescent  City. 

481 — Del  Norte  County. 
Crockett— 90. 

574 — ^Bank  of  Pinole. 
24 


370  hillyer's  legal  manual. 

Crows  Landing — 90. 

536 — Bank  of  Newman. 
537— First  National. 

Cucamonga — 90. 

575 — ^First  National. 

Danville— 90. 

57G — San  Ramon  Valley. 
Davis— 90. 

577— Bank  of  Yolo. 

796— Bank  of  Davis. 

Delano — 90. 

578 — First  National. 

Denair — 90. 

726 — Commercial. 
Dinuba^-90. 

697 — Dinuba  Savings. 

494 — First  National. 

495 — United  States  National. 

Dixon — 90. 

514— Bank  of  Dixon. 

515 — ^First  National. 

724 — Northern  Solano  Savings. 
Dorris— 90. 

579— Butte  Valley  State. 
Dos  Palos— 90. 

707— Bank  of  Dos  Palos. 

580— Bank  of  Los  Banos. 

Downey — 90. 

418 — Bank  of  Downey. 

417 — ^Los  Nietos  Valley. 
Ducor— 90. 

768— First  National. 
Dunsmuir — 90. 

581— State  Bank  of  Dunsmnir. 

Durham— 90. 

771 — Commercial. 

Dutch  Flat— 90. 

5S2— W.  &  P.  Nicholls. 

Eagle  Rock— 90. 

— Eagle  Rock. 
East  Auburn — See  Auburn. 
East  San  Diego— 90. 

773— East  San  Diego  State. 


BANKS  IN  CALIFORNIA.  371 


El  Cajon— 90. 

583^ — Cuyamaca  State. 
El  Centro— 90. 

436— El  Centro  National. 

435— First  National. 

744 — Security  Savings. 
Elk  Grove— 90. 

584— Bank  of  Elk  Grove. 
Elmhurst— 90. 

254 — Bank  of  San  Leandro. 
El  Monte— 90. 

585 — First  National. 

786— Southern  County. 
El  Segundo— 90. 

719— El  Segundo  State. 
Elsinore— 90. 

586 — Consolidated  Bank. 
Emeryville — 90. 

587--First  National. 
Escalon— 90. 

743— Escalon  State. 
Escondido — 90. 

460 — Escondido  National. 

462 — Escondido  Savings. 

461— First  National. 

463 — ^Home  Savings. 
Esparto — 90. 

783— Bank  of  Esparto. 
Etna  Mills— 90. 

588— Scott  Valley. 
Eureka— 90. 

14G— Bank  of  Eureka. 

147— First  National. 

145 — Home  Savings. 

143— Humboldt  County. 

144 — Savings  Bank  of  Humboldt  County. 
Exeter— 90. 

729— Citrus  Bank. 

589— First  National. 

Fair  Oaks— 90. 

590— Fair  Oaks  Bank. 
Fallbrook— 90. 

591 — Citizens '  Commercial. 
Femdale— 90. 

504 — Femdale. 

505 — Russ  Williams  Banking  Go. 


372  HILLYER^S  LEGAL  MANUAL. 

Fillmore— 90. 

592— Fillmore  State. 
799 — Farmers  &  Merchants  \ 
Folsom— 90. 

593— Bank  of  Folsom. 
Forestville— 90 

594 — Analy  Savings. 
Fort  Bidwell. 

595— Bank  of  Fort  Bidwell. 
Fort  Bragg— 90. 

381— First  Bank  of  Savings. 
380— First  National. 
734 — ^Fort  Bragg  Commercial. 
Fort  Jones— 90. 

539— Mt.  Shasta  Banking  Co. 
538— Scott  Valley  Bank. 
Fortuna^90. 

596 — Bank  of  Fortuna. 
Fowler— 90. 

597— First  National. 
775— Fowler  National. 
Fresno — 90. 

89 — Bank  of  Central  California. 
87 — Farmers'  National. 
88— First  National. 
90 — Fresno  National. 
94— Fresno  Savings. 
95 — Industrial. 
91 — People's  Savings. 
92 — Union  National. 
Fruitvale— See  Oakland. 
Fullerton— 90. 

430 — Farmers  and  Mechants'  National. 
429— First  National. 
431 — Fullerton  Savings. 

Gait— 90. 

736— Bank  of  Gait. 
Gardena — 90. 

761 — Citizens'  State  Savings. 

598— Gardena  Bank  &  Trust  Co. 
Garden  Grove — 90. 

599 — Bank  of  Garden  Grove. 
Geyservllle — 90. 

600 — Bank   of  Geyserville. 


BANKS  IN  CALIFORNIA.  373 


Gilroy— 90. 

378— Bank  of  Gilroy. 

722— First  National. 

379 — Gilroy  Savings  &  Loan. 
Glendale— 90. 

359— Bank  of  Glendale. 

358— First  National. 

794— Glendale  Savings. 
Glendora— 90. 

441 — First  National. 

442 — ^First  Savings. 

440 — Glendora  Bank. 
Gonzales — 90. 

601 — Bank  of  Gonzales. 
Grass  Valley— 90. 

276— Citizens'. 

277— Nevada  County. 
Greenville— 90. 

716— Indian  Valley. 
Gridley— 90. 

493— Gridley  State. 

492— Rideout. 
Grimes — 90. 

— Colusa  County  Bank. 
Guadaloupe — 90. 

602 — Bank  of  Santa  Maria. 
Guerneville — 90. 

603 — Bank  of  Guerneville. 
Gustine— 90. 

604 — Bank  of  Los  Banos. 
— Bank  of  Gustine. 

Halfmoon  Bay— 90. 

605 — Bank  of  Halfmoon  Bay. 
Hanford— 90. 

259 — Farmers  &  Merchants'  National. 

261- First  National. 

263— Hanford   National. 

260 — Hanford  Savings. 

264 — People's  Savings. 

262— The  Old  Bank. 
Hardwick— 90. 

787— First  National. 
Hayward — 90. 

355 — Bank  of  Hayward. 

356 — ^Farmers  &  Merchants'. 


374  hillyer's  legal  manual. 

694— First  National. 

357 — Hayward  Bank  of  Savings. 
Healdsburg— 90. 

730 — Farmers  &  Merchants'  Savings. 

415 — ^First  National. 

416 — Healdsburg  National. 

752 — Healdsburg  Savings. 
Hemet— 90. 

490— Bank  of  Hemet. 

491 — ^Farmers  &  Merchants'. 
Hermosa  Beach — 90. 

780— First  Bank  of  Hermosa  Beach. 
Highgrove — 90. 

606 — Bank  of  Highgrove. 
Highland— 90. 

607— First  Bank  of  Highland. 
HoUister— 90. 

392— Bank   of   Hollister. 

395 — First  National. 

394 — Hollister  Savings. 

393 — Savings  &  Loan  Bank  of  San  Benito  County. 
Hollywood— 90. 

250 — Citizens '  Savings. 

248— First  National. 

247 — Hollywood  National. 

249 — Hollywood  Savings. 
Holtville— 90. 

523— First  National. 

524— Holtville  Bank. 
Hopland— 90. 

608— Bank  of  Hopland. 
Hueneme — 90. 

609 — Bank  of  Hueneme. 
Hughson— 90. 

610 — Bank  of  Hughson. 
Huntington  Beach — 90. 

516^ — ^First  National. 

517 — Savings  Bank  of  Huntington  Beach. 
Huntington  Park — 90. 

611 — Bank  of  Huntington  Park. 
Hynes— 90. 

612— First  National. 

Imperial — 90. 

465^ — Farmers    &  Merchants'. 
464— First  National. 


BANKS  IN  CALIFORNIA.  375 


Independence — 90. 

613— Owens  Valley. 
Inglewood — 90. 

448 — Citizens '  Savings. 

447— First  National. 
lone— 90. 

614 — Sacramento  Valley  Bank  &  Trust  Co. 
Irvington — 90. 

615 — Bank  of  Alameda  County. 

Jackson — 90. 

616 — Bank  of  Amador  County. 
Jamestown — 90. 

765^ — First  Bank  of  Jamestown. 

749 — ^Union  National. 

Kennet— 90. 

718 — First  Savings  Bank  of  Shasta  County. 
Kerman — 90. 

618— First  National. 
Kern — See  Bakersfield. 
King  City— 90. 

620— Monterey  County. 
Kingsburg — 90. 

532— First  National. 

533 — Kingsburg  Bank. 

La  Jolla^90. 

621 — Southern  Trust  &  Savings  Bank. 
Lakeport — 90. 

511 — Bank  of  Lake. 

510 — Farmers'  Savings. 
La  Mesa — 90. 

622— Bank  of  La  Mesa. 
Lancaster — 90. 

756— Bank  of  Lancaster. 

762 — Farmers  &  Merchants'. 
Lankershim — 90. 

623 — Bank  of  Lankershim. 
Laton — 90. 

624— First  National. 
Le  Grand— 90. 

792— Le  Grand  Bank. 
Lemoore — 90. 

488 — Bank  of  Lemoore. 

489— First  National. 


376  HILLYER^S  LEGAL  MANUAL. 

Lincoln — 90. 

625— Bank  of  Lincoln. 
Lindsay — 90. 

423— First  National. 

424 — Lindsay  National. 

425 — ^Lindsay  Savings. 
Live  Oak— 90. 

727— Rideout. 
Livermore — 90. 

412 — Farmers  &  Merchants'  National. 

411 — ^First  National. 

409 — ^Livermore   Savings. 

410 — ^Livermore  Valley  Savings. 
Lockeford— 90. 

626 — Union  Safe  Deposit  Bank. 
Lodi— 90. 

360— Bank  of  Lodi. 

362 — ^Central  Savings. 

361— First  National. 
Loleta— 90. 

627— Bank  of  Loleta. 
Lompoc — 90. 

449 — Bank  of  Lompoc. 

450 — Farmers    &  Merchants'  Savings. 

451 — Lompoc  Valley. 

452 — ^Lompoc  Valley  Savings. 
Long  Beach — 90. 

118— City  National. 

117 — Exchange  National. 

119 — Farmers  &  Merchants'. 

113— First  National. 

115 — Long  Beach  Savings  Bank  &  Trust  Co. 

112 — National  Bank  of  Long  Beach. 
Loomis — 90. 

784 — Bank  of  Loomis. 
Lordsburg — 90. 

496— First  National. 

49'7 — State  Bank  of  Pomona. 
Los  Angeles^ — 16. 

66— Bank  of  Italy. 

56 — California  Savings. 

10 — Central  National. 

11 — Citizens'  National. 

14 — Citizens'  Trust  &  Savings. 

68 — City  and  County. 


BANKS  IN  CALIFORNIA.  377 

17 — Commercial  National. 
53— Eagle  Rock. 

1 — Farmers  &  Merchants'  National. 
58^ — ^Federal  Bank. 

3 — ^First  National. 
52 — German-American  Trust  &  Savings. 
63 — Globe  Savings. 

65 — Hellman  Commercial  Trust  &  Savings. 
71— Highland  Park. 
60 — Home  Savings. 

61 — International  Savings  &  Exchange. 
70 — Los  Angeles  Hibernian  Savings. 
73— Los  Angeles  Title  &  Trust  Co. 
54 — Los  Angeles  Trust  &  Savings. 

5 — Merchants'  National. 

9 — National  Bank  of  California. 
—Oil  &  Metal  Bank  &  Trust  Co. 
51 — Security  Trust  &  Savings. 

— Southern  Trust  Co. 
72— Title  Guarantee  &  Trust  Co. 
-    74— Title  Insurance  &  Trust  Co. 
67— Traders'  Bank. 
18 — United  States  National. 
75 — Yokohama  Specie  Bank,  Ltd. 
Los  Banos — 90. 

521 — Bank  of  Los  Banos. 
522— First  National. 
Los  Gatos— 90. 

628 — Bank  of  Los  Gatos. 
710— First  National.    . 
Loyalton — 90. 

629— Sierra  Valley. 

Madera — 90. 

382^ — Commercial  National. 

383— First  National. 

731 — Madera  Savings. 
Mantecar— 90. 

712— First  State. 
Maricopa — 90. 

340 — Bank  of  Maricopa. 

341— First  National. 
Martinez — 90. 

407— Bank  of  Martinez. 

408 — First  National  Bank  of  Contra  Costa  County. 
Marysville — 90. 

231— Decker  Jewett  &  Co.  Bank. 


378  hillyer's  legal  manual. 

233 — Northern  California  Bank  of  Savings. 

232— Rideout. 
Maxwell— 90. 

706 — Colusa  County. 
Mayfield— 90. 

630— Mayfield  Bank  &  Trust  Co. 
McCloud— 90. 

631— McCloud  National. 
McFarland— 90. 

795 — First  National. 
Melrose — 90. 

632— Bank  of  Fruitvale. 
Mendocino — 90. 

633 — Mendocino  Bank  of  Commerce. 
Merced— 90. 

337 — Commercial  Savings. 

779 — Farmers  &  Merchants'  National. 

338— First  National. 

336 — Merced  Security  Savings. 
Mill  Valley— 90. 

63-4^Bank  of  Mill  Valley. 
Milpitas— 90. 

701 — Bank  of  Milpitas. 
Modesto— 90. 

296 — Farmers  &  Merchants'. 

294— First  National. 

293— Modesto. 

297--Modesto   Savings. 

298 — Security  Savings  Bank  of  Stanislaus  County. 

295 — Union  Savings. 
Moneta^90. 

635 — Moneta  Commercial  and  Savings. 
Monrovia— 90. 

315 — American  National. 

312— First  National. 

314 — Granite  Savings. 

313 — Monrovia  Savings. 
Montague^-90. 

636 — Montague  Banking  Co. 
Montebello— 90. 

747— Montebello  State. 

Monterey — 90. 

267— Bank  of  Monterey. 
258— First  National. 


BANKS  IN  CALIFORNIA.  379 


700 — Monterey  Savings. 

— Monterey  County  Bank. 
Morgan  Hill— 90. 

637— Bank  of  Morgan  Hill. 
Mountain  View — 90. 

638 — Farmers    &  Merchants'  State. 

778— First  National. 

Napa— 90. 

226— Bank  of  Napa. 

228— First  National. 

225— Jas.  H.  Goodman  &  Co.  Bank. 

227 — Napa  Savings. 
National  City— 90. 

753— National  City  State. 

639— People's  National. 
Needles— 90. 

323— Bank  of  Needles. 

324 — Monaghan  &  Murphy  Bank. 

Nevada  City— 90. 

366— Citizens'. 

367— Nevada  County. 
Newcastle — 90. 

640 — Bank  of  Newcastle. 
Newman — 90. 

506 — Bank  of  Newman. 

507 — First  National. 
Newport  Beach — 90. 

641 — State  Bank  of  Newport. 
Niles— 90. 

642— Niles  State. 
Nordhoff— 90. 

643— Ojai  State. 
Norwalk— 90. 

644— Bank  of  Norwalk. 

Novato— 90. 

798— Novato  Bank. 

Oakdale— 90. 

750 — Commercial  State. 
486— First  National. 
487 — Stanislaus  County  Savings. 
Oakland— 90. 

14 — Bank  of  Commerce. 
12— Bank  of  Fruitvale. 
— Bank  of  Germany. 
— Bank  of  San  Leandro. 


380  hillyer's  legal  manual. 

4 — Central  National. 
9 — Central  Savings. 
11 — Citizens'  Bank  of  Fruitvale. 
5 — Farmers*  &  Merchants'  Savings. 
3 — ^First  National. 
15— First  Trust  &  Savings. 
18 — Fugazi  Banca  Popolare  Operaria  Ital 
8^ — Harbor. 

1 — Oakland  Bank  of  Savings. 
7— Security  Bank  &  Trust  Co. 
6 — State  Savings. 
17 — Twenty-third  Avenue. 

2 — Union  Savings. 
10— West  Oakland  Bank. 
Oak  Park— 90. 

645— Citizens'  Bank. 
Ocean  Park— 90. 

335— First  National. 

334 — Merchants'  Commercial  &  Savings. 
333— Ocean  Park. 
Oceanside — 90. 

527— Bank  of  Oceanside. 
527— First  National. 
Ontario— 90. 

289— Euclid  Savings. 
288— First  National. 
290 — Ontario  National. 
Orange — 90. 

351 — ^First  National. 
349 — National  Bank  of  Orange. 
350 — Orange  Savings  Bank. 
352^ — Security  Savings. 
Orland— 90. 

512— Bank  of  Orland. 
513 — Orland  Savings. 
788— First  National. 
Orosi— 90. 

646 — National  Bank  of  Orosi. 
Oroville— 90. 

303 — Bank  of  Oroville,  Savings. 
769— Bank  of  Hideout  Smith  &  Co. 
302— First  National. 
301 — Rideout   Smith   National. 
Oxnard — 90. 

372— Bank  of  A.  Levy,  Inc. 
373 — Oxnard  Savings. 
371— First  National. 


BANKS  IN  CALIFORNIA.  381 


Pacific  Grave— 90. 

387— Bank  of  E.  Cooke  Smith. 
388— Bank  of  Pacific  Grove. 
Palms— 90. 

732— Citizens 'State. 
Palo  Alto— 90. 

278— Bank  of  Palo  Alto. 
279— First  National. 
Parlier— 90. 

713— First  National. 
Pasadena— 90. 

75 — Citizens'  Savings. 
70 — Crown  City  National. 
69— Crown  City  Savings  &  Trust  Co. 
63— First  National. 
71 — National  Bank  of  Commerce. 
64 — Pasadena  National. 
67 — Pasadena  Savings  &  Trust  Co. 
74 — Security  National. 
72 — State  Bank  of  Pasadena. 
73^ — Union  National. 
66 — Union  Trust  and  Savings. 
Paso  Robles— 90. 

456— Citizens'. 
457— First  National. 
Patterson — 90. 

696 — Bank  of  Patterson. 
Perns— 90. 

647— Bank  of  Perris. 
Petaluma — 90. 

221 — California  Savings. 
220 — Petaluma  National. 
219 — Petaluma  Savings. 
222 — Petaluma  Swiss-American. 
218 — Sonoma  County  National. 
Pinole— 90. 

648— Bank  of  Pinole. 
Pittsburg— 90. 

553 — Contra  Costa  County. 
Placentia — 90. 

702— Placentia  National. 
Placerville— 90. 

422-aa — Mierson  Banking  Co. 
Planada— 90. 

723— Bank  of  Planada. 


382  HILLYER^S  LEGAL  MANUAL. 

Pleasanton — 90. 

466 — Bank  of  Pleasanton. 

467— First  National  Bank. 

790 — Amador  Valley  Savings. 
Point  Arena — 90. 

649^ — Bank  of  Point  Arena. 
Point  Reyes— 90. 

650 — Bank  of  Tomales. 
Pomona — 90. 

178 — American  National. 

177— First  National. 

179— Savings  Bank  &  Trust  Co. 

180 — State  Bank  of  Pomona. 

Porters  ville — 90. 

365— First  National. 
364— Pioneer. 

Princeton — 90. 

737 — Bank  of  Princeton. 

Puente — 90. 

651 — First  National. 

Quincy — 90. 

652 — Plumas  County. 

Ramona — 90. 

698 — State  Bank  of  Ramona. 
Red  Bluff— 90. 

321— Bank  of  Tehama  County. 

711_Red  Bluff  National. 

Redding— 90. 

717 — First  Savings  Bank  of  Shasta  County. 
316 — Northern  California  National. 
703 — Redding  National. 
317 — Redding  Savings. 

Redlands — 90. 

174 — Citizens'  National. 

171 — First  National. 

170 — Redlands  National. 

177 — Savings  Bank  of  Redlands. 

173 — ^Union  Savings. 

Redondo  Beach — 90. 

346_Farmers'  &  Merchants'  National. 
347 — First  National. 
348 — Redondo  Savings. 


BANKS  IN   CALIFORNIA.  383 


Redwood  City— 90. 

374 — First  National  of  San  Mateo  County. 

377 — Redwood  City  Commercial. 

375 — San  Mateo  County  Savings. 

376— Savings  &  Trust  Co.  of  San  Mateo  Co. 
Reedley— 90. 

419— First  National. 

420— Reedley  National. 
Rialto— 90. 

653— First  National. 
Richmond— 90. 

202— Bank  of  Richmond. 

204— First  National. 

203-— Mechanics'. 

205 — Richmond  Savings. 
Rio  Vista— 90. 

654— Bank  of  Rio  Vista. 
Ripon— 90. 

655 — Bank  of  Ripon, 
Rivera— 90. 

656 — Rivera  State. 
Riverdale— 90. 

709— First  National. 
Riverside— 90. 

— Citizens '  Bank  of  Arlington. 

124 — Citizens '  National. 

122— First  National. 

125 — National  Bank  of  Riverside. 

123 — Riverside  Savings  Bank  &  Trust  Co. 

126 — Security  Savings. 
Roseville— 90. 

657 — Roseville  Banking  &  Trust  Co. 

Sacramento — 90. 

33 — California  National. 

39 — California  Savings. 

35 — Capital  Banking  &  Trust  Co. 

38 — Capital  National. 

— Citizens '  Bank  of  Oak  Park. 
34 — ^Farmers    &  Merchants'  Savings. 
3'6— Fort  Sutter  National. 
30— National  Bank  of  D.  0.  Mills  &  Co. 
40^ — Nippon  Bank. 
32' — People's  Savings. 
31 — Sacramento. 
37 — Sacramento  Valley  Bank  &  Trust  Co. 


384  hillyer's  legal  manual. 

Salinas— 90. 

310— First  National. 
30O — Monterey  County. 
308— Salinas  City. 
311 — Salinas  Valley  Savings. 
San  Anselmo — 90. 

658 — First  Bank  of  San  Anselmo. 
San  Bernardino — 90. 

132— California  State. 
219 — Farmers'  Exchange  National. 
133 — San  Bernardino  County  Savings. 
130 — San    Bernardino  National. 
131 — Savings  Bank  of  San  Bernardino. 
San  Diego— 90. 

55 — American  National. 

50 — Bank  of  Commerce  &  Trust  Co. 

54 — Blockman  Commercial  Savings. 

56 — Citizens '  Savings. 

49 — First  National. 

59 — Marine  National. 

53 — Merchants'  National. 

52 — San  Diego  Savings. 

57 — Southern  Trust  &  Savings. 

60 — United  States  National. 

58 — University  Avenue. 

San  Dimas— 90. 

659— First  National. 
699 — San  Dimas  Savings. 
San  Fernando — 90. 

660— Fixst  National. 
758 — San  Fernando  National. 
San  Francisco — 11. 

24 — American  National. 
17 — Anglo  &  London  Paris  National. 
73— Anglo-California  Trust  Co. 
3 — Bank  of  British  North  America. 
1 — Bank  of  California,  National  Association. 
35— Bank  of  Italy. 
76 — Bank  of  Daniel  Meyer,  Inc. 
27 — ^^Canadian  Bank  of  Commerce. 
72 — Canton. 

62 — Columbus  Savings  &  Loan  Society. 
21 — Crocker  National. 
7 — Donohoe-Kelly  Banking  Co. 
71— First  Federal  Trust  Co. 
8 — First  National. 
65 — French-American  Bank  of  Savings. 


BANKS   IN    CALIFORNIA,  385 

69 — Fugazi  Banca  Popolare  Operaria  Italiana. 

55 — German  Savings  &  Loan  Society. 

53 — Hibernia  Savings  &  Loan  Society. 

54 — Hongkong  &  Shanghai  Banking  Corporation. 

56 — Humboldt  Savings. 

30 — International  Banking  Corporation. 

31 — Italian- American. 

60 — Marine  Trust  and  Savings. 

26 — Mercantile  National. 

64 — Mercantile  Trust  Co.  of  San  Francisco. 

34 — Merchants'  National. 

66 — Mission. 

70 — Mission  Savings.' 

59 — Mutual  Savings. 

68 — Portuguese-American. 

52 — Savings  Union  Bank  &  Trust  Co. 

57 — Security  Savings. 

67 — Seaboard  National. 

61— Union  Trust  Co. 

16 — Wells-Fargo  Nevada  National. 

74 — Western  Metropolis  Savings. 

58~-Yokohama  Specie  Bank,  Ltd. 
Sanger — 90. 

740 — Commercial. 
661— First  National. 
San  Jacinto — 90. 

662— First  National. 
695 — First  Savings. 
San  Jose — 90. 

77 — Bank  of  San  Jose. 

83— Bank  of  Italy. 

78— First  National. 

82— Garden  City  Bank  &  Trust  Co. 

79 — San  Jose  Safe  Deposit  Bank. 

80 — Security  Savings. 

81 — Security  State. 
San  Leandro — 90. 

325 — Bank  of  San  Leandro. 
327— First  National. 
705 — San  Leandro  State. 
San  Luis  Obispo — 90. 

237— Andrews  Banking  Co. 
236 — Commercial. 
238— Union  National. 
San  Mateo— 90. 

284— Bank  of  Italy. 

285 — National  Bank  of  San  Mateo. 

25 


386  hillyer's  legal  manual. 

San.  Miguel— 90. 

770— Citizens'. 
San  Pedro— 90. 

207— Bank  of  San  Pedro. 

210 — Citizens'  Savings. 

208— First  National. 

211 — Harbor  City  Savings. 

209— State  Bank  of  San  Pedro. 
San  Rafael— 90. 

215— Bank  of  San  Rafael. 

214 — Marin  County  National. 

216 — Marin  County  Savings. 

Santa  Ana — 90. 

188 — California  National. 
186 — ^Farmers    &  Merchants'  National. 
183— First  National. 
187 — ^Home  Savings. 

184 — Orange  County  Savings  &  Trust  Co. 
185 — Santa  Ana  Savings. 
Santa  Barbara — 90. 
159— Central. 
157 — Commercial. 
155 — First  National. 
156— Santa  Barbara  County  National. 
158 — Santa  Barbara  Savings  &  Loan. 

Santa  Clara — 90. 

287 — Mission. 

286— Santa  Clara  Valley. 

Santa  Cniz— 90. 

165— City  Savings. 

164 — First  National. 

167— People's. 

166 — People's  Savings. 

162— Santa  Cruz  Bank  of  Savings  &  Loans. 

163 — Santa  Cruz  County  National. 

Santa  Maria — 90. 

396 — Bank  of  Santa  Maria. 
398— First  National. 
397 — ^Valley  Savings. 

Santa  Monica— 90. 

191— Bank  of  Santa  Monica. 
192— Merchants'  National. 

—Merchants'  Commercial  &  Savings  Bank  of  Ocean  ParK. 

Santa  Paula— 90. 

400 — Farmers    &  Merchants'. 
399— First  National. 
401— Santa  Paula  Savings. 


BANKS  IN  CALIFORNIA.  387 


Santa  Rosa — 90. 

198^ — Exchange. 

195 — Santa  Rosa. 

197 — Santa  Rosa  National. 

196 — Savings  Bank  of  Santa  Rosa. 

199 — Union  Trust  Savings. 

Saratoga — 90. 

— Saratoga  State  Bank. 

Saticoy— 90. 

715 — Farmers    &  Merchants'. 
Sausalito — 90. 

663 — Bank  of  Sausalito. 
Sawtelle— 90. 

402 — Bank  of  Santa  Monica. 

403— Citizens'  State. 
Scotia— 90. 

664r— First  National. 

Sebastopol- 90. 

468 — Analy  Savings. 

469— First  National. 

470 — Sebastopol  Savings. 
Selma— 90. 

774 — Farmers '  Savings. 

426— First  National. 

427 — Selma  National. 

428 — Selma  Savings. 
Sherman — 90. 

665 — Bank  of  Sherman. 
Sierra  Madre — 90. 

666 — First  National. 
Soledad— 90. 

746— Salinas  City. 
Solbang— 90. 

772— Santa  Ynez  Valley. 
Sonoma — 90. 

754— First  National. 

667 — Sonoma  Valley. 
Sonora — 90. 

414 — First  National. 

413 — Tuolumne  County. 
South  Berkeley — See  Berkeley. 
South  Pasadena — 90. 

266— First  National. 

265 — South  Pasadena  Savings. 


388  hillyer's  legal  manual. 

South  San  Francisco — 90. 

669 — Bank  of  South  San  Francisco. 

Springville — 90. 

785 — Pioneer  Bank. 

St.  Helena— 90. 

437— Bank  of  St.  Helena. 

438 — Carver  National. 

439— Savings  Bank  of  St.  Helena. 

Stirling  City— 90. 

671— Stirling  City  Bank. 

Stockton — 90. 

109 — Commercial  &  Savings. 

107 — ^Farmers  &  Merchants'. 

105— First  National. 

104 — San  Joaquin  Valley. 

106 — Stockton  Savings. 

103^ — Stockton  Savings  and  Loan  Society. 

108 — ^Union  Safe  Deposit. 

Strathmore — 90. 

— Pioneer  Bank. 

Suisun— 90. 

529— Bank  of  Suisun. 

531 — Solano  County  Savings. 

530— First  National. 

Sunnyvale — 90. 

672— Bank  of  Sunnyvale. 

Susanville — 90. 

673 — ^Bank  of  Lassen  County. 
739 — ^Lassen  Industrial. 

Sutter  Creek— 90. 

674 — Bank  of  Amador  County. 

Taft— 90. 

708— First  National. 

Tehachapi — 90. 

676— Bank  of  Tehachapi. 

Temecula^90. 

803— Citizens'  Bank. 

Terra  Bella— 90. 

677— First  National. 

Tomales — 90. 

678— Bank   of  Tomales. 

Torrance — 90. 

800— First  National. 


feANKS   IN   CALIFORNIA.  3^9 


Tracy— 90. 

468— Bank  of  Tracy. 

469— West  Side. 
Trapico— 90. 

679--First  National. 
Tulare— 90. 

354 — First  National. 

3'53— National  Bank  of  Tulare. 
— Savings  Bank  of  Tulare. 

Turlock— 90. 

445 — Commercial. 

446— People's  State. 
Tustin— 90. 

725— First  National. 

Ukiah— 90. 

404— Bank  of  Ukiah. 

405^ — Commercial. 

406 — Savings  Bank  of  Mendocino  County. 

Upland— 90. 

386 — Citizens'  Savings. 
384 — Commercial   National. 
385— First  National. 

Vacaville— 90. 

473— Bank  of  Vacaville. 

474 — First  National. 

475 — ^Vacaville  Savings. 
Vallejo— 90. 

151 — First  National. 

152 — First  Savings. 

150 — ^Vallejo  Commercial. 
Valley  Ford— 90. 

680 — Dairyman's  Bank. 
Van  Nuys— 90. 

728— First  National. 
Venice — 90. 

733— First  National. 

766— Ocean  Park. 

681 — ^Venice  Savings. 
Ventura — 90. 

344 — First  National. 

345 — Home  Savings. 

342 — National  Bank  of  Ventura. 

343^ — Ventura  Savings. 
Visalia— 90. 

271— Citizens'. 


390  hillyer's  legal  manual. 

269— First  National. 
267— National  Bank  of  Visalia. 
270 — Producers '  Savings. 
268 — Visalia  Savings. 

Walnut  Creek— 90. 

760— First  National. 
682— San  Ramon  Valley. 

Walnut  Grove— 90. 

683— Bank  of  Alex  Brown. 

Wasco— 90. 

745— Bank  of  Wasco. 
Watsonville— 90. 

280— Bank  of  Watsonville. 

282— Pajaro  Valley  National. 

281 — Pajaro  Valley  Savings. 

283 — Watsonville  Savings. 

Watts— 90. 

684— Los  Nietos  Valley. 

Weaverville — 90. 

685— Trinity  County. 
Weed— 90. 

686— First  National. 
West  Berkeley — See  Berkeley. 
Wheatland— 90. 

688— Farmers'. 
Whittier— 90. 

272— First  National. 

275 — Home  Savings. 

273— Whittier  National. 

274 — Whittier  Savings. 
Williams— 90. 

689— Bank  of  Williams. 
Willits— 90. 

690— Bank  of  Willits. 
Willow— 90. 

476— Bank  of  Willow. 

477 — First  National. 

478 — Glenn  County  Savings. 
Wilmington— 90. 

691— First  National. 
Winters— 90. 

503— Citizens'. 

502— First  National. 

714 — Savings  Bank  of  Winters. 


BANKS — CIVIL    SERVICE.  391 


Woodlake— 90. 

777 — First  National. 
Woodland— 90. 

328— Bank  of  Woodland. 
330— Bank  of  Yolo. 
332— First  National. 
331 — Home  Savings. 
329 — ^Yolo  County  Savings. 

Yreka— 90. 

480 — ^First  Savings  Bank  of  Siskiyou  County. 

479 — Siskiyou  County  Bank. 
Yuba  City— 90. 

692— First  National. 

748 — Savings  Bank  of  Sutter  County. 


CIVIL  SERVICE. 

(Constitutional  Provision.) 

When  the  term  of  any  officer  or  commissioner  is  not  provided  for 
in  this  constitution,  the  term  of  such  officer  or  commissioner  may  be 
declared  by  law;  and,  if  not  so  declared,  such  officer  or  commissioner 
during  the  pleasure  of  the  authority  making  the  appointment;  but  in 
no  case  shall  such  term  exceed  four  years;  provided,  however,  that  in 
the  case  of  any  officer  or  employee  of  any  municipality  governed  under 
a  legally  adopted  charter,  the  provisions  of  such  charter  with  refer- 
ence to  the  tenure  of  office  or  the  dismissal  from  office  of  any  such 
officer  or  employee  shall  control;  and  provided  further,  that  the  term 
of  office  of  any  person  heretofore  or  hereafter  appointed  to  hold  office 
or  employment  during  good  behavior  under  civil  service  laws  of  the 
State  or  of  any  political  division  thereof  shall  not  be  limited  by  this 
section,     (Article  XX,  section  16.     Adopted  October  10,  1911.) 

CIVIL  SERVICE  ACT. 

[Approved  June  16,  1913.     In  effect  August  10,  1913.] 

§  1.  "Commission." — First.  The  term  "commission"  as  used  in 
this  act  means  the  "state  civil  service  commission"  herein  created,  and 
the  term  "commissioner"  as  used  in  this  act  means  one  of  the  three 
members  of  that  commission,  all  unless  such  terms  are  plainly  used 
with  some  other  meaning. 

"Position." — Second.  The  terms  "position"  and  "positions"  as 
used  in  this  act  include  all  offices  and  employments  under  State  author- 
ity, whether  there  be  any  salary  or  other  compensation  or  emolument 
connected  therewith,  except  offices  held  by  elective  officers  as  such  and 
also  except  the  militia  and  all  offices  and  employments  as  now  or  here- 


392  hillyer's  legal  manual. 

after  provided  by  virtue  of  or  under  article  8  of  the  constitution  of 
the  State,  and  except  cqunty  and  township  offices  and  employments. 

"Appointing  Power." — Third.  The  term  "appointing  power"  as 
used  in  this  act  includes  all  persons  whether  acting  singly  or  in  con- 
junction with  others  in  any  way  whatsoever,  either  by  nomination  or 
confirmation  or  as  a  board  or  commission  or  otherwise,  in  selecting 
anyone  to  hold  any  position  as  that  term  is  so  used  in  this  act. 

"Appointment." — ^Fourth.  The  term  "appointment"  as  used  in  this 
act  includes  all  means  of  selecting  and  employing  anyone  to  hold  any 
position  as  that  term  is  so  used  in  this  act. 

§  2.  Civil  Service  Commission  Created. — There  is  hereby  created  a 
commission  known  as  the  "State  civil  service  commission"  which  shall 
consist  of  three  commissioners  but  which  may  continue  to  act  after 
being  fully  eonstituted  if  there  is  not  more  than  one  vacancy  in  such 
commission.  The  commission  shall  be  first  constituted  by  three  com- 
missioners appointed  for  terms  ending  July  1,  1914,  July  1,  1916,  and 
July  1,  1917,  respectively,  and  the  succeeding  terms  shall  each  be  for 
a  period  of  four  years.  The  governor  shall  appoint  all  commissioners 
including  those  who  fill  unexpired  terms.  Any  commissioner  may  be 
removed  by  concurrent  resolution  of  both  houses  of  the  legislature 
adopted  by  a  two-thirds  vote  of  each  house. 

Salary. — The  commissioners  shall  each  receive  a  salary  of  three  thou- 
sand dollars  per  annum,  which  shall  be  paid  at  the  same  time  and  in 
the  same  manner  as  the  salaries  of  State  officers  are  paid,  and  the 
commissioners  shall  also  be  paid  necessary  traveling  expenses  incurred 
in  the  performance  of  their  duties.  The  total  and  items  of  all  ex- 
penditures and  obligations  made,  authorized  and  incurred  by  the  com- 
mission shall  not  exceed  the  sums  appropriated  therefor  by  law. 

§  3.  Employees. — The  commission  shall  employ  a  chief  examiner 
and  secretary,  which  offices  may  be  combined,  and  such  other  employees 
as  it  may  deem  necessary  or  proper  to  carry  out  the  purposes  of  this 
act.  Their  compensation  shall  be  fixed  by  the  commission,  and  they 
may  be  paid  necessary  traveling  expenses  incurred  in  the  discharge  of 
their  duties.  The  duties  of  the  chief  examiner,  secretary  and  other 
employees  shall  be  prescribed  by  the  commission,  subject  to  the  provi- 
sions of  this  act.  It  shall  be  the  duty  of  the  secretary  to  keep  the 
minutes  of  the  meetings  of  the  commission  and  perform  such  other  ser- 
vices as  may  be  assigned  him  by  the  commission.  The  commission  may 
select  suitable  persons  to  assist  in  examinations  under  its  direction. 
The  compensation  of  such  assistants  shall  not  exceed  five  dollars  per 
day,  except  in  the  case  of  special  and  expert  examiners  employed  in  the 
preparation  of  questions  and  rating  of  candidates;  and  when  the  per- 
sons so  selected  are  in  the  official  service  of  the  State  it  shall  be 
deemed  a  part  of  their  official  duty  to  serve  as  such  assistants  without 
additional  compensation. 

§  4.  Headquarters. — The  commission  is  authorized  to  secure  in  the 
city  of  Sacramento  suitable  and  convenient  rooms  and  accommodations 


CIVIL   SERVICE   ACT.  3^3 

and  cause  the  same  to  be  furnished,  heated  and  lig^hted,  for  carrying  on 
the  work  of  the  commission  and  the  commission  may  order  the  neces- 
sary stationery,  postage  stamps,  and  official  seal  and  other  articles  to 
be  supplied  and  the  necessary  printing  to  be  done  for  its  official  use. 

§  5.     Duties. — The  commission  shall: 

Classify  and  Grade  Positions. — First.  Classify  positions  to  be  held 
under  State  authority  in  accordance  with  the  provisions  of  this  act  and 
in  accordance  with  the  duties  attached  to  such  positions.  The  commis- 
sion shall  grade  all  positions  within  each  class  with  respect  to  salaries, 
to  the  end  that  like  salaries  shall  be  paid  for  like  duties.  Such  classes 
and  grades  may  from  time  to  time  be  amended,  added  to,  consolidated 
or  abolished  by  the  commission,  but  persons  holding  positions  under 
the  original  classification  or  grade  shall  not  be  affected  thereby. 

Hold  Examinations. — Second.  Hold  examinations  to  determine  the 
merit,  efficiency  and  fitness  of  applicants,  for  positions,  and  prepare 
properly  classified  eligible  lists  from  applicants  so  examined.  All  ques- 
tions for  examinations  shall  be  prepared  under  the  supervision  of  the 
commission  or  chief  examiner  and  delivered  to  the  examining  board  or 
to  the  candidates  by  one  of  the  commissioners  or  chief  examiner  or  by 
an  examiner  specially  designated  to  perform  such  service. 

Enforce  Act. — Third.  Enforce  the  provisions  of  this  act  and  pre- 
scribe, and  enforce  suitable  rules  and  regulations  for  carrying  the  same 
into  eft'ect  and  from  time  to  time  amend  and  repeal  the  same. 

Minutes. — Fourth.  Keep  minutes  of  its  own  proceedings,  and  records 
of  its  examinations  and  other  official  actions. 

Efficiency  Records. — Fifth.  Records  of  individual  efficiency  of  hold- 
ers of  positions  in  performing  their  duties  shall  be  established  in  all 
offices  and  places  of  employment  affected  by  this  act.  Such  records 
shall  be  made  by  the  appointing  power,  unless  otherwise  directed  by 
the  commission,  and  under  and  in  accordance  with  such  rules  and  regu- 
lations as  the  commission  may  prescribe,  and  a  copy  of  such  records 
shall  be  filed  with  the  commission.  The  commission  shall  investigate 
all  such  efficiency  records  and  may  make  its  own  records,  and  shall  rate 
upon  such  records  the  item  of  "ascertained  merit"  in  examinations  for 
promotion.  The  commission  shall  establish  and  enforce  rules  and 
regulations  under  which  records  of  unsatisfactory  service  may  lead  to 
reduction  in  grade  and  compensation  of  the  person  holding  the  position 
concerned,  and  shall  further  provide  for  the  manner  in  which  persons 
falling  below  the  standards  of  efficiency  fixed  by  its  rules  and  regula- 
tions may  be  removed  from  their  positions  by  the  commission  proceed- 
ing substantially  as  provided  in  this  act  and  with  the  same  effect  as  in 
case  of  removals  by  the  appointing  power. 

Make  Investigations. — Sixth.  Make  investigations  concerning  and 
report  upon  all  matters  touching  the  enforcement  and  effect  of  the  pro- 
visions of  this  act  and  the  rules  and  regulations  prescribed  thereunder; 
inspect  all  State  institutions,  offices,  places  of  employment  and  services 
affected  by  this  act,  and  ascertain  whether  this  act  and  all  such  rules 


394  HILLYER^S  LEGAL   MANUAL. 

and  regulations  are  obeyed.  Such  investigation  may  be  made  by  any 
commissioner,  or  chief  examiner,  or  by  any  other  authorized  agent  of 
the  commission.  In  the  course  of  such  investigation  any  commissioner, 
or  chief  examiner  or  such  other  authorized  agent  of  the  commission,  or 
the  secretary  of  the  commission,  shall  have  power  to  administer  oaths, 
subpoena  and  require  the  attendance  in  this  State  of  witnesses  and  the 
production  thereby  of  books,  papers,  documents  and  accounts  appertain- 
ing to  the  investigation  but  not  requiring  the  attendance  of  witnesses 
either  with  or  without  books,  papers,  documents  or  accounts  unless  re- 
siding within  the  same  county  or  within  thirty  miles  of  the  place  of 
attendance. 

Rules  Governing  Hearings. — Seventh.  All  hearings  and  investiga- 
tions before  the  commission,  or  any  commissioner,  or  the  chief  examiner 
or  such  other  authorized  agent  of  the  commission  shall  be  governed  by 
this  act  and  by  rules  of  practice  and  procedure  to  be  adopted  by  the 
commission,  and  in  the  conduct  thereof  neither  the  commission,  nor  any 
commissioner,  nor  the  chief  examiner  nor  such  other  authorized  agent 
of  the  commission  shall  be  bound  by  the  technical  rules  of  evidence. 
No  informality  in  any  proceeding  or  in  the  manner  of  taking  testimony 
before  the  commission  or  any  commissioner,  or  the  chief  examiner  or 
such  other  authorized  agent  of  the  commission  shall  invalidate  any 
order,  decision,  rule  or  regulation  made,  approved  or  confirmed  by  the 
commission. 

Superior  Court  may  Compel  Witnesses  to  Attend. — The  superior  court 
in  and  for  the  county,  or  city  and  county,  in  which  any  inquiry,  inves- 
tigation, hearing  or  proceeding  may  be  held  by  the  commission,  or  any 
commissioner,  or  the  chief  examiner  or  such  other  authorized  agent  of 
the  commission  shall  have  the  power  to  compel  the  attendance  of  wit- 
nesses, the  giving  of  testimony  and  the  production  of  books,  papers, 
documents  and  accounts,  as  required  by  any  subpoena  issued  by  the 
commission,  or  any  commissioner,  or  such  other  authorized  agent  of 
the  commission  or  the  secretary.  The  commission,  or  the  commissioner, 
or  the  chief  examiner  or  such  other  authorized  agent  of  the  commission 
before  whom  the  testimony  is  to  be  given  or  produced,  in  case  of  the 
l*efusal  of  any  witness  to  attend  or  testify  or  produce  any  papers  re- 
quired by  such  subpoena,  may  report  to  the  superior  court  in  and  for 
the  county,  or  city  and  county,  in  which  the  proceeding  is  pending,  by 
petition,  setting  forth  that  due  notice  has  been  given  of  the  time  and 
place  of  attendance  of  said  witness,  or  the  production  of  such  books, 
papers,  documents  or  accounts,  and  that  the  witness  has  been  summoned 
in  the  manner  prescribed  in  this  act,  and  that  the  witness  has  failed  and 
refused  to  attend  or  produce  such  books  or  papers  or  documents  or  ac- 
counts required  by  the  subpoena,  before  the  commission,  or  the  com- 
missioner, or  the  chief  examiner,  or  such  other  authorized  agent  of  the 
commission,  in  the  matter  named  in  the  notice  and  subpoena,  or  has 
refused  to  answer  questions  propounded  to  him  in  the  course  of  such 
proceeding,  and  ask  an  order  of  said  court,  compelling  the  witness  to 
attend  and  testify  or  produce  such  books  or  papers  or  documents  or 


CIVIL   SERVICE   ACT.  395 

accounts  before  the  commission,  or  any  commissioner,  or  the  chief 
examiner  or  such  other  authorized  agent  of  the  commission.  The  court, 
upon  the  petition  of  the  commission,  or  any  commissioner,  or  the  chief 
examiner  or  such  other  authorized  agent  of  the  commission,  shall  enter 
an  order  directing  the  witness  to  appear  before  the  court  at  a  time 
and  place  to  be  fixed  by  the  court  in  such  order,  the  time  to  be  not 
more  than  ten  days  from  the  date  of  the  order,  and  then  and  there 
show  cause  why  he  has  not  attended  and  testified  or  produced  said 
papers  before  the  commission,  or  such  commissioner,  or  the  chief  exam- 
iner or  such  other  authorized  agent  of  the  commission. 

Order  Directing  Witness  to  Appear. — A  copy  of  said  order  shall  be 
served  upon  said  witness.  If  it  shall  appear  to  the  court  that  said 
subpoena  was  regularly  issued  by  the  commission,  or  any  commissioner, 
or  the  chief  examiner  or  other  authorized  agent  of  the  commission  or 
the  secretary,  the  court  shall  thereupon  enter  an  order  that  said  witness 
appear  before  the  commission,  or  such  commissioner,  or  the  chief  ex- 
aminer or  any  other  authorized  agent  of  the  commission  at  the  time 
and  place  fixed  in  said  order,  and  testify  or  produce  the  required  books, 
papers,  documents,  and  accounts,  and  upon  failure  to  obey  said  order, 
said  witness  shall  be  dealt  with  as  for  contempt  of  court.  The  remedy 
provided  in  this  section  is  cumulative,  and  shall  not  be  construed  to 
impair  or  interfere  with  the  power  of  the  commission,  or  a  commis- 
sioner, or  the  chief  examiner,  or  any  such  other  authorized  agent  of  the 
commission  to  enforce  the  attendance  of  witnesses  and  the  production 
of  books,  papers,  documents  and  accounts. 

Depositions. — The  commission,  or  any  commissioner,  or  the  chief 
examiner  or  such  other  authorized  agent  of  the  commission  may,  in  any 
investigation  or  hearing  before  the  commission,  or  any  commissioner,  or 
the  chief  examiner  or  such  other  authorized  agent  of  the  commission, 
cause  the  deposition  of  witnesses  residing  within  or  without  the  State 
to  be  taken  in  the  manner  prescribed  by  law  for  like  depositions  in  civil 
actions  in  the  superior  courts  of  this  State  and  to  that  end  may  compel 
the  attendance  of  witnesses  and  the  production  of  books,  papers,  docu- 
ments and  accounts. 

Witness  not  Excused  from  Testifying. — No  person  shall  be  excused 
from  testifying  or  from  producing  any  book,  paper,  document  or 
account  in  any  investigation  or  inquiry  by  or  hearing  before  the  com- 
mission, or  any  commissioner,  or  the  chief  examiner  or  such  other 
authorized  agent  of  the  commission,  when  ordered  to  do  so,  upon  the 
ground  that  the  testimony  or  evidence,  book,  paper,  document  or 
account  required  of  him  may  tend  to  incriminate  him  or  subject  him  to 
penalty  or  forfeiture,  but  no  person  shall  be  prosecuted,  punished  or 
subjected  to  any  penalty  or  forfeiture  for  or  on  account  of  any  act, 
transaction,  matter  or  thing  concerning  which  he  shall,  under  oath,  have 
testified  or  produced  documentary  evidence;  provided,  that  no  person 
so  testifying  shall  be  exempt  from  prosecution  or  punishment  for  any 
perjury  committed  by  him  in  his  testimony.     Nothing  herein  contained 


396 

shall  be  construed  as  in  any  manner  giving  to  any  person  immunity  of 
any  kind  otherwise  than  herein  expressly  provided. 

Biennial  Report. — Eighth.  Make  a  biennial  report  to  the  governor 
for  transmission  to  the  legislature,  showing  the  action  of  the  commis- 
sion, including  all  the  rules  and  regulations  adopted  by  it  during  such 
period  and  those  that  are  in  force  at  the  time  of  making  such  report, 
information  as  to  exempted  positions  as  required  by  this  act  and  the 
effects  of  this  act  and  of  all  proceedings  under  it  and  any  suggestions 
the  commission  or  any  commissioner  may  deem  practical  for  the  more 
effectual  accomplishment  of  the  purposes  of  this  act. 

Meetings. — Ninth.  Meet  at  Sacramento  as  often  as  the  needs  of  the 
public  service  may  require,  and  at  such  other  places  as  the  commission 
may  designate.  A  majority  of  the  members  of  the  commission  shall 
constitute  a  quorum. 

§  6.  Duty  of  State  Officers  to  Aid  in  Carrying  Act  into  Effect. — It 
shall  be  the  duty  of  all  persons  subject  to  the  authority  of  the  State 
in  that  behalf  (including  all  State  officers  and  employees  and  all  State 
institutions  of  every  kind  and  character)  to  aid  in  all  proper  ways  in 
carrying  into  effect  the  provisions  of  this  act  and  the  rules  and  regu- 
lations prescribed  from  time  to  time  thereunder  and  especially,  at  the 
request  of  the  commission,  to  allow  the  commission  the  reasonable  use 
of  public  buildings  and  to  heat  and  light  the  same  for  the  purposes  of 
making  examinations  of  applicants  and  investigations  as  provided  by 
this  act.  Everyone  subject  to  the  authority  of  the  State  in  that  behalf 
shall  afford  to  the  commission  and  its  members  and  employees  all  rea- 
sonable facilities  and  give  inspection  of  all  books,  papers,  documents 
and  accounts  applying  or  in  any  way  appertaining  to  any  and  all  offices 
subject  to  the  authority  of  the  State  in  that  behalf,  and  shall  also  pro- 
duce said  books,  papers,  documents  and  accounts,  and  shall  attend  and 
testify  when  required  to  do  so  by  the  commission  or  any  commissioner, 
or  the  chief  examiner,  or  the  secretary  or  any  other  authorized  agent 
of  the  commission.  The  attorney  general  shall  advise  and  assist  the 
commission  and  the  district  attorneys  of  the  counties  shall  prosecute  vio- 
lations of  this  act.     The  commission  may  employ  special  counsel. 

§  7.  Appointments  to  be  Under  Act. — The  appointing  power  in  all 
cases  not  excepted  or  exempted  under  the  provisions  of  this  act,  or  by 
virtue  of  the  provisions  of  the  constitution  of  the  State,  shall  fill  posi- 
tions by  appointment,  including  cases  of  transfers,  reinstatements,  pro- 
motions and  reductions,  in  strict  accordance  with  the  provisions  of 
this  act  and  the  rules  and  regulations  prescribed  from  time  to  time 
hereunder,  and  not  otherwise. 

Positions  Excepted. — Except  only  and  to  the  extent  that  the  ap- 
pointing power  otherwise  requests  as  hereinafter  provided,  the  posi- 
tions held  in  the  following  specified  classes  are  excepted  from  such 
method  of  appointment : 


CIVIL    SERVICE   ACT.  397 

First — Appointees  of  the  legislature  and  one  person  holding  a  posi- 
tion having  a  confidential  relation,  Avhether  as  secretary  or  clerk  or 
stenographer  to  each  such  appointee. 

Second — Appointees  of  the  governor  and  one  person  holding  a  posi- 
tion having  a  confidential  relation  vrhether  as  secretary  or  clerk  or 
stenographer  to  each  such  appointee. 

Third — The  chief  deputy  of  and  also  one  person  holding  a  position 
having  a  confidential  relation  whether  as  secretary  or  clerk  or  stenog- 
rapher to  an  elective  office. 

Fourth — The  secretary  or  executive  officer,  or  both,  and  also  the 
attorney  and  one  stenographer  of  any  board  or  commission  appointed 
by  the  legislature  or  governor  or  elected  by  the  electors,  and  all  sten- 
ographers in  the  superior  and  appellate  courts. 

Fifth — The  assistant  and  deputies  of  the  attorney  general  and  all 
special  attorneys  for  boards  and  officers. 

Sixth — The  members  of  the  appointing  board  of  and  any  chief  in  any 
legislative  reference  or  counsel  bureau  and  one  person  holding  a  confi- 
dential relation  to  each  such  chief. 

Seventh — One  warden  for  each  of  the  State  prisons. 

Eighth — One  superintendent  for  each  of  the  State  reformatories, 
State  hospitals  or  other  State  charitable  or  correctional  institutions; 
also  the  parole  officers  for  the  State  prisons,  Preston  School  of  Industry 
and  Whittier  State  School. 

Ninth — Persons  employed  by  the  University  of  California  and  the 
State  normal  schools,  and  the  teaching  force  of  the  elementary,  sec- 
ondary, trades  and  technical  schools. 

Tenth — Persons  engaged  in  work  done  by  co-operation  between  the 
State  and  federal  governments. 

Eleventh — The  State  librarian,  the  chief  deputy  or  assistant  State 
librarian  and  also  one  person  holding  a  position  having  a  confidential 
relation  to  the  State  librarian,  and  appointees  under  provisions  for 
court,  law,  teachers,  school  and  county  libraries. 

Twelfth — The  secretary,  chief  accountant  and  children's  agents  of 
the  State  board  of  control. 

Thirteenth — The  employees  of  the  State  railroad  commission. 

Fourteenth — Superintendents,  chiefs,  and  heads  of  departments. 

All  provided  that  at  any  time  any  vacancy  in  any  position  in  any  of 
the  above  specified  fourteen  excepted  classes  may  be  filled  by  the  ap- 
pointing power  in  the  manner  provided  by  this  act,  in  which  case  the 
person  appointed  shall  hold,  during  the  tenure  of  office  of  said  appoint- 
ing power,  such  position  under  the  tenure  of  good  behavior  and  subject 
to  the  provisions  of  this  act  as  if  that  position  had  not  been  so  ex- 
cepted, but  upon  such  appointee  ceasing  to  hold  such  position  that 
position  shall  be  open  as  in  such  excepted  class.  Upon  such  appointee 
ceasing  to  hold  such  office  by  reason  of  the  termination  of  the  tenure 
of  office  of  said  appointing  power,  said  appointee  shall  be  restored  to 
place  upon  the  eligible  lists  in  accordance  with  such  rules  and  regula- 
tions as  the  commission  may  prescribe  in  that  behalf. 


398  iiillyer's  legal  manual. 

Declaring  Positions  Exempt. — Any  position  subject  to  the  provisions 
of  this  act  may  be  declared  exempted  by  resolution  passed  by  concur- 
rence of  the  three  commissioners.  Such  resolution  shall  state  sepa- 
rately the  reasons  for  each  exemption.  Not  more  than  one  appointment 
shall  be  made  to  or  under  any  position,  covered  by  such  resolution 
unless  permission  to  appoint  a  different  number  is  given  therein. 
Any  exception  thus  made  may  be  terminated  at  any  time  by  resolution 
of  the  commission.  Appointments  to  exempted  positions  shall  be  re- 
ported immediately  to  the  commission.  The  names  of  each  exempted 
position  and  the  names  of  the  incumbent  and  the  reason  for  each  ex- 
emption shall  be  stated  in  the  biennial  reports  of  the  commission. 

§  8.  Rules  for  Classification  of  Positions. — Within  three  months 
after  the  commission  is  constituted,  it  shall  make  rules  for  the  classifi- 
cation of  positions  to  be  held  under  State  authority  to  be  provided  by 
this  act,  and,  subject  to  the  provisions  of  this  act;  such  rules  shall 
govern  appointments,  transfers,  reinstatements,  promotions,  reductions 
and  removals,  and  examination  of  applicants,  and  the  commission  may 
amend  such  rules  from  time  to  time.  Such  rules  shall  be  printed  for 
public  distribution. 

§  9.  Method  of  Making  Appointments. — Subject  to  the  special  pro- 
visions in  this  act  as  to  laborers,  appointments  shall  be  made  to  all 
positions  that  are  not  filled  by  promotion,  reinstatement,  transfer  or 
reduction,  under  the  provisions  of  this  act  and  the  rules  in  pursuance 
thereof,  by  the  appointing  power:  Said  appointing  power  shall  notify 
the  commission  of  any  vacancy  to  be  filled,  stating  the  duties  of  the 
position.  The  commission  shall  then  certify  to  the  appointing  power 
the  names  and  addresses  of  the  three  persons  standing  highest  on  the 
eligible  list  for  the  class  or  grade  to  which  the  position  belongs;  but 
in  case  there  be  less  than  three  on  such  eligible  list,  the  commission 
shall  certify  the  number  thereon;  and  the  appointing  power  shall  fill 
the  position  by  the  appointment  of  one  of  the  persons  certified  by  the 
commission  therefor.  The  term  of  eligibility  shall  be  fixed  for  each 
eligible  list  at  not  less  than  one  year.  Appointments  shall  be  made 
from  the  eligible  list  most  nearly  appropriate  for  the  position  to  be 
filled,  and  a  new  list  shall  be  created  for  a  stated  position  or  a  group 
of  positions  only  when  there  is  no  appropriate  list  existing  from  which 
appointment  may  be  made.  No  person  shall  be  appointed  under  any 
title  not  appropriate  to  the  duties  to  be  performed,  and  no  person  shall 
be  assigned  to  perform  the  duties  of  any  other  position  than  that  which 
he  legally  holds,  except  by  consent  of  the  commission. 

Appointments  for  Probationary  Period. — ^All  appointments  shall  be 
for  a  probationary  period  to  be  fixed  by  the  commission  but  not  to 
exceed  six  months.  Unless  such  appointee  shall  have  been  dismissed 
within  such  probationary  period  by  the  appointing  power,  for  reasons 
stated  in  writing  and  filed  with  the  commission,  his  appointment  shall 
become  permanent  subject  to  the  provisions  of  this  act  as  to  removals, 
suspensions  and  changes.     Discharged  probationers  may  by  unanimous 


CIVIL    SERVICE   ACT.  399 

vote  of  the  commission  be  restored  to  the  list  of  eligibles  for  certifica- 
tion  to  any  position  within  their  class  other  than  the  one  from  which 
they  were  rejected. 

§  10.  Character  of  Examinations. — The  examinations  shall  be  prac- 
tical in  their  character,  and  shall  relate  to  those  matters  which  will 
fairly  test  the  relative  capacity  and  fitness  of  the  persons  examined  to 
discharo:e  the  duties  of  the  positions  they  seek.  Applicants  for  posi- 
tions in  the  mechanical  trades  and  occupations  may,  in  the  discretion 
of  the  commission,  be  rated  solely  on  experience  and  physical  qualifi- 
eations  which  may  be  determined  by  such  evidence  and  in  such  manner 
as  the  commission  may  direct;  and  such  applicants  may  be  submitted 
to  such  further  tests  as  the  commission  may  require. 

Preliminary  Requirements. — The  commission  shall  prepare  lists  of 
preliminary  requirements  and  subjects  of  examinations  for  the  several 
positions,  and  shall  publish  its  rules  and  regulations  and  such  informa- 
tion and  advertise  such  examinations  in  such  manner  as  the  nature  of 
the  examination  may  require.  The  commission,  except  as  may  be 
otherwise  provided  in  the  case  of  laborers,  shall  require  an  applicant 
to  file  in  its  office,  in  accordance  with  its  rules  and  regulations,  a  rea- 
sonable length  of  time  before  the  date  of  examination,  a  formal 
application  filled  out  in  his  own  handwriting. 

Application  Blanks.— Blank  forms  of  such  applications  shall  be  fur- 
nished by  said  commission  without  charge  to  all  persons  requesting  the 
same.  The  commission  may  require  in  connection  with  applications, 
including  laborers,  such  certificates  of  citizens,  physicians,  public 
officers  or  others  having  knowledge  of  the  applicant,  as  the  good  of 
the  service  may  require. 

May  Refuse  to  Examine. — The  commission  may  refuse  to  examine,  or 
after  examination  to  certify  as  eligible,  anyone  who  is  found  to  lack 
any  of  the  established  preliminary  requirements  for  the  examination  or 
position  for  which  he  applies;  or  who  is  physically  so  disabled  as  to 
be  rendered  unfit  to  perform  the  duties  of  the  position  to  which  he 
seeks  appointment,  or  who  is  addicted  to  the  habitual  use  of  intoxi- 
cating beverages  to  excess;  or  who  has  been  guilty  of  a  crime  or  of 
infamous  or  notoriously  disgraceful  conduct ;  or  who  has  been  dis- 
missed from  the  public  service  for  delinquency  or  misconduct;  or  who 
has  intentionally  made  a  false  statement  of  any  material  facts,  or  prac- 
ticed, or  attempted  to  practice,  any  deception  or  fraud  in  his 
application,  in  his  examination,  or  in  securing  his  eligibility.  Any 
person  appointed  to  a  position  under  the  provisions  of  this  act  who 
has  secured  his  place  on  the  eligible  list  through  fraud  shall  be  removed 
by  the  commission  from  his  position  and  shall  not  thereafter  be  eligible 
for  examination  for  any  position  under  the  provisions  of  this  act  except 
by  unanimous  permission  of  the  commission. 

May  Require  Bond. — When  the  position  to  be  filled  involves  fiduciary 
responsibility,  the  appointing  power  may  require  the  appointee  to  fur- 


400 

iiish  a  reasonable  bond  or  other  security,  and  shall  notify  the  commis- 
sion of  the  amount  and  necessary  details  thereof. 

§  11.  Temporary  Appointments. — When  there  is  no  eligible  list 
from  which  a  position  ma.y  be  filled,  the  appointing  power  may,  with 
the  consent  of  the  commission,  fill  such  position  by  temporary  appoint- 
ment, and  such  temporary  appointment  shall  not  continue  for  a  longer 
period  than  three  months,  nor  shall  successive  temporary  appointments 
be  made  to  the  same  position  under  this  section  without  the  previous 
consent  of  the  commission,  and  in  no  case  shall  any  person  hold  a  posi- 
tion under  such  successive  temporary  appointments  for  a  longer  period 
than  six  months  without  the  unanimous  consent  of  the  commission. 

§  12.  Emergency  Appointments. — The  commission  shall  establish 
rules  and  regulations  under  which  emergency  appointments  may  be 
made  when  those  on  the  eligible  lists  are  not  immediately  available, 
and  for  the  time  for  which  such  emergency  appointments  shall  be  valid ; 
and  may  fix  a  different  time  for  different  counties  or  cities  and  coun- 
ties of  the  State. 

§  13.  Promotions. — Vacancies  in  positions  shall  be  filled,  so  far  as 
practicable  by  promotion  from  among  persons  holding  positions  in  a 
lower  grade  of  the  department,  office  or  institution  in  which  the 
vacancy  exists.  Promotions  shall  be  based  upon  merit  and  competition 
and  upon  the  superior  qualifications  of  the  person  promoted  as  shown 
by  his  records  of  efficiency.  For  the  purposes  of  this  section  an  in- 
crease in  the  salary  or  other  compensation  of  any  person  holding  an 
office  or  position  within  the  scope  of  the  rules  and  regulations  in  force 
hereunder  beyond  the  limit  fixed  for  the  grade  in  which  such  office  and 
position  is  classified,  shall  be  deemed  a  promotion.  The  commissions 
may  authorize  the  transfer  of  any  person  legally  holding  a  position  to 
a  similar  position  in  the  same  class  or  grade,  and  may  provide  for  the 
reinstatement  within  one  year  of  persons  separated  from  positions 
without  fault  or  delinquency  on  their  part,  if  within  that  time  there 
is  need  for  their  services.  No  promotion,  transfer  or  reinstate- 
ment shall  be  made  from  a  position  in  one  class  to  a  position  in  another 
class,  nor  shall  a  person  be  transferred  to  or  reinstated  in  a  position 
for  original  entrance  to  which  there  is  required  by  this  act  or  the  rules 
and  regulations  thereunder  an  examination  involving  essential  tests  or 
qualifications  different  from  or  higher  than  those  required  for  original 
entrance  to  the  position  held  by  such  person. 

§  14.  Tenure  of  Office. — The  tenure  of  everyone  holding  a  position 
under  the  provisions  of  this  act  shall  be  during  good  behavior,  but  any 
such  person  may  be  removed  for  any  of  the  following  causes: 

(a)  Incompetency,  or  inefficiency. 

(b)  Dishonesty,  intemperance,  immoral  conduct,  insubordination, 
discourteous  treatment  of  the  public  or  of  fellow  employees,  a  viola- 
tion of  the  provisions  of  this  act  or  of  the  rules  and  regulations  of  the 
commission  or  any  other  failure  of  good  behavior.  The  appointing 
power  that  could  fill  such  positions  under  the  provisions  of  this  act  if 


CIVIL   SERVICE   ACT.  401 

vacant  or  the  commission  may  remove,  as  hereinafter  provided,  for 
such  cause. 

Written  Charges — Public  Hearing. — The  appointing  power  in  so  pro- 
ceeding must  furnish  to  the  person  holding  such  position  written  charges 
setting  forth  such  ground  fior  removal  and  file  copy  with  the  commission 
and  allow  the  accused  a  reasonable  time  and  opportunity  to  file  with  the 
commission  and  furnish  to  said  appointing  power  written  answer  and 
explanation  and  thereafter  said  appointing  power  shall  publicly  hear 
and  determine  such  charges  after  reasonable  notice  to  the  accused  and 
the  commission  of  the  time  and  place  of  said  hearing  and  affording  the 
accused  an  opportunity  at  such  hearing  to  present  whatever  competent 
evidence  the  accused  may  desire  in  defense.  In  case  of  charges  pre- 
sented by  or  to  the  commission,  it  shall  proceed  in  like  manner. 

Judgment  not  Subject  to  Review. — A  judgment  of  removal,  in  writ- 
ing, setting  forth  the  findings  of  said  appointing  power  after  such  hear- 
ing and  filed  with  the  commission,  shall  be  final  and  effect  such  re- 
moval and  shall  not  be  subject  to  review  by  any  other  tribunal,  except 
that  in  case  of  proceedings  against  the  same  person  before  both  the 
appointing  power  and  the  commission  the  judgment  against  the 
accused  by  either  the  appointing  power  or  the  commission  shall  con- 
trol a  judgment  by  the  other  in  favor  of  the  accused. 

Suspension. — Such  appointing  power  may  from  time  to  time  peremp- 
torily suspend,  with  loss  of  salary  or  other  compensation  during  such 
suspension,  such  person  for  such  cause,  and  without  trial,  but  only 
upon  written  charges  so  furnished  to  such  person  and  filed  with  the 
commission  and  with  the  privilege  to  such  person  to  so  furnish  to  the 
appointing  power  and  file  with  the  commission  written  answer  and  ex- 
planation, but  such  suspension  or  total  suspensions  by  that  appointing 
powder  of  that  person  shall  not  exceed  thirty  days.  Either  the  appoint- 
ing power  or  the  commission  may  transfer  charges  to  the  other  for 
action  or  investigation. 

§  15.  Emplojnnent  of  Laborers. — The  commission  shall  provide  by 
rule  for  the  employment  of  laborers  in  the  labor  class  in  the  order  of 
priority  of  application  for  employment.  There  shall  be  separate  lists 
of  applicants  for  different  kinds  of  labor,  and  the  commission  may 
provide  separate  labor  registration  lists  for  departments,  institutions, 
districts  or  localities.  The  commission  may  require  an  applicant  for 
registration  to  pass  such  examination  as  they  may  deem  proper  with 
respect  to  his  age,  residence,  physical  condition,  ability  to  labor,  skill, 
capacity  and  experience.  The  commission  shall  establish  such  time  as 
it  may  deem  expedient  for  the  duration  of  eligible  lists  in  the  labor 
class. 

§  16.     Reports  of  Appointees,   etc. — It  shall  be  the  duty  of  each 

appointing  power  to  report  to  the   commission  forthwith  upon   each 

appointment  the  name  of  the  appointee,  the  title  or  character  of  the 

position,  the  date  of  the  commencement  of  such  service,  and  the  salary 

26 


402  hillyer's  legal  manual. 

or  compensation  therefor,  and  to  report  from  time  to  time,  and  upon 
the  date  of  official  action  in,  or  knowledge  of  each  case,  any  separation 
of  the  person  from  the  position,  or  other  changes,  and  such  other  in- 
formation as  the  commission  may  require  in  order  to  keep  the  roster 
hereinafter  mentioned. 

Official  Roster. — The  commission  shall  keep  in  its  office  an  official 
roster  of  all  persons  holding  positions  under  the  provisions  of  this  act 
and  shall  enter  thereon  the  name  of  each  and  every  person  who  has 
been  appointed  to,  promoted,  reduced,  transformed,  reinstated  or  re- 
moved from  or  left  any  position  and  require  such  evidence  as  it  may 
deem  satisfactory  as  to  whether  such  person  was  appointed  to,  pro- 
moted, reduced,  transferred,  reinstated  or  removed  from  such  position 
in  accordance  with  the  provisions  of  this  act  and  the  rules  and  regu- 
lations of  the  commission  thereunder  and  as  to  when  and  why  and  how 
such  person  was  otherwise  separated  from  such  position.  The  official 
roster  shall  show  opposite,  or  in  connection  with,  each  name,  the  date 
of  appointment,  promotion,  reduction,  transfer  or  reinstatement,  the 
compensation  of  the  position,  the  date  of  commencement  of  service  and 
change  in  or  separation  from  position  and  when  and  why  and  how 
there  was  such  change  or  separation. 

Names  of  Persons  now  Holding  Positions  to  be  Certified  to  Commis- 
sion.— The  names  of  all  persons  holding  positions  at  the  time  of  the 
taking  effect  of  this  act  wiiich  if  vacant  would  be  filled  under  the  pro- 
visions of  this  act  shall  be  certified  to  the  commission  by  the  appointing 
power  that  could  then  so  fill  such  position  if  vacant,  and  such  names 
shall  be  entered  in  said  roster,  and  thereupon  shall  be  deemed  ap- 
pointed under  the  provisions  of  this  act  and  persons  then  holding  such 
positions  who  have  served  in  such  positions  a  less  period  than  one  year 
and  more  than  sixty  days  from  the  date  of  the  classification  of  such 
positions  as  required  by  this  act  shall  be  deemed  to  be  serving  the  pro- 
bationary period,  and  persons  who  have  served  in  such  positions  for 
less  than  such  sixty  days  shall  be  deemed  temporary  appointees. 

§  17.  Commission  to  Certify  to  Pay-rolls  Before  Controller  Issues 
Warrant. — It  shall  be  unlawful  for  the  controller  or  other  fiscal  officer 
of  the  State  to  draw,  sign,  issue,  or  authorize  the  drawing,  signing,  or 
issuing  of  any  warrant  on  the  treasurer  or  other  disbursing  officer  of 
the  State  for  the  payment  of,  or  for  the  treasurer  or  other  disbursing 
officer  to  pay  any  salary  or  compensation  to  anyone  holding  any  posi- 
tion under  the  provisions  of  this  act  unless  the  estimate,  pay-roll  or 
account  for  such  salary  or  compensation,  containing  the  name  of  the 
person  to  be  paid,  shall  bear  the  certificate  of  the  commission  that  the 
persons  named  in  such  estimate,  pay-roll  or  account  are  holding  posi- 
tions as  provided  by  this  act  and  the  rules  and  regulations  prescribed 
thereunder.  Any  sums  paid  contrary  to  the  provisions  of  this  section 
may  be  recovered  from  anyone  making  such  appointment  in  violation 
of  the  provisions  of  this  act  and  of  the  rules  and  regulations  prescribed 
thereunder  or  from  any  officer  signing,  or  countersigning,  or  authoriz- 


CIVIL   SERVICE   ACT.  4:03 

ing  the  signing  or  countersigning  of  any  warrant  for  the  payment  of 
the  same,  and  from  the  sureties  on  his  official  bond  in  an  action  in 
any  court  of  competent  jurisdiction  of  this  State  maintained  by  a  citi- 
zen resident  therein,  who  is  assessed  for  and  is  liable  to  pay,  or  within 
one  year  before  the  commencement  of  such  action  has  paid,  a  tax 
therein.  All  moneys  recovered  in  any  action  brought  under  the  pro- 
visions of  this  section  must,  when  collected,  be  paid  into  the  treasury 
of  the  State,  except  that  the  plaintiff  in  any  such  action  shall  be  enti- 
tled to  receive  for  his  own  use  the  taxable  costs  of  such  action. 

§  18.  Penalty  for  False  Marking,  Grading,  etc.,  of  Persons  Exam- 
ined.— Any  commissioner  or  examiner,  or  any  person  who  shall  will- 
fully by  himself  or  in  co-operation  with  one  or  more  persons,  defeat, 
deceive  or  obstruct  any  person  in  respect  to  his  or  her  right  of  exam- 
ination or  registration,  according  to  any  rules  or  regulations  prescribed 
pursuant  to  the  provisions  of  this  act,  or  w^ho  shall  willfully  and 
falsely  mark,  grade,  estimate,  or  report  upon  the  examination  or  proper 
standing  of  any  person  examined,  registered,  or  certified,  pursuant 
to  the  provisions  of  this  act,  or  aid  in  so  doing,  or  who  shall  willfully 
make  any  false  representation  concerning  the  same,  or  concerning  the 
person  examined,  or  who  shall  willfully  furnish  to  any  person  any 
special  or  secret  information  for  the  purpose  of  either  improving  or 
injuring  the  prospects  or  chances  of  any  person  so  examined,  regis- 
tered, or  certified,  or  to  be  examined,  registered,  or  certified,  or  who 
shall  personate  any  other  person,  or  permit  or  aid  in  any  manner  any 
other  person  to  personate  him,  in  connection  wuth  any  examination  or 
registration  or  application  or  request  to  be  examined  or  registered, 
shall  be  deemed  guilty  of  misdemeanor. 

§  19.  Soliciting  from  Persons  on  Eligible  List  Prohibited. — No  offi- 
cer, agent,  clerk,  or  employee  under  the  government  of  the  State  shall, 
directly  or  indirectly,  solicit  or  receive,  or  be  in  any  manner  concerned 
in  soliciting  or  receiving,  any  assessment,  subscription,  contribution  or 
political  service,  whether  voluntary  or  involuntary,  for  any  political 
purpose  whatever,  from  anyone  on  the  eligible  lists  or  holding  any 
position  under  the  provisions  of  this  act. 

Political  Assessment,  Subscription  or  Contribution. — Every  officer, 
agent,  clerk  or  employee  under  the  government  of  the  State  who  may 
have  charge  or  control  in  any  building,  office,  or  room  occupied  for  any 
purpose  of  said  government  is  hereby  authorized  to  prohibit  the  entry 
of  any  person,  and  he  shall  not  permit  any  person  to  enter  the  same, 
for  the  purpose  of  therein  making,  collecting,  receiving  or  giving  notice 
of  any  political  assessment,  subscription  or  contribution,  and  no  person 
shall  enter,  or  remain  in  any  said  building,  office  or  room,  or  send  or 
direct  any  letter  or  other  notice  thereto,  for  the  purpose  of  giving 
notice  of,  demanding,  or  colleeting  a  political  assessment,  subscription 
or  contribution,  nor  shall  any  person  therein  give  notice  of,  demand,  col- 
lect or  receive,  any  such  assessment,  subscription  or  contribution  con- 
trary to  the  provisions  of  this  section. 


404  HILLYER'S  LEGAL   MANUAL. 

§  20.  Promise  of  Advancement  for  Political  Influence  Prohibited. — 
No  one,  while  holding  any  public  office,  or  in  nomination  for,  or  while 
seeking  a  nomination  or  appointment  for,  any  public  office,  shall  use 
or  promise  to  use,  whether  directly  or  indirectly,  any  official  authority 
or  influence  (whether  then  possessed  or  merely  anticipated)  in  the  way 
of  conferring  upon  any  person,  or  in  order  to  secure  or  aid  any  person 
in  securing  any  position  under  the  provisions  of  this  act,  either  in 
nomination,  confirmation,  promotion,  or  increase  in  salary,  or  as  to 
any  change  in  any  such  position,  upon  a  consideration  or  condition 
that  the  vote  or  political  influence  or  action  of  the  last-named  person, 
or  any  other,  shall  be  given  or  used  in  behalf  of  any  candidate,  officer, 
or  party,  or  upon  any  other  corrupt  condition  or  consideration.  And 
no  one,  being  a  public  officer,  or  in  nomination  for,  or  while  seeking 
nomination  or  appointment  for  any  public  office  or  having  or  claiming 
to  have  any  authority  or  influence  (whether  then  possessed  or  merely 
anticipated)  for  the  securing  or  holding  of  or  as  to  affecting  any  posi- 
tion under  the  provisions  of  this  act,  shall  use,  or  promise  or  threaten 
to  use,  any  such  authority  or  influence,  directly  or  indirectly,  in  order 
to  coerce  or  persuade  the  vote  or  political  action  of  any  person  on  the 
eligible  lists  or  holding  any  position  under  the  provisions  of  this  act 

§  21.    No  Salary  to  Persons  Appointed  in  Violation  of  Act. — No 

salary,  compensation  or  other  emolument  shall  be  paid  to  anyone 
appointed  to  or  retained  in  any  position  in  violation  of  this  act.  Any 
officer  approving  or  paying  such  salary  shall  be  liable  for  such  sum 
on  his  official  bond.  Whenever  the  commission  shall  notify  the  audit- 
ing officer  that  any  position  has  been  filled  in  violation  of  this  act  or 
any  of  the  rules  and  regulations  thereunder,  no  demand  for  the  salary 
or  compensation  or  other  emolument  of  such  position  shall  be  approved 
or  paid  except  upon  the  order  of  a  court  of  competent  jurisdiction. 

§  22.  Appointing  Power  must  Pay  Persons  Accepting  Appointment 
in  Good  Faith. — ^Any  person  acting  in  good  faith  in  accepting  appoint- 
ment or  employment  contrary  to  the  provisions  of  this  act  or  of  the 
rules  and  regulations  prescribed  thereunder,  shall  be  paid  by  the 
appointing  power  the  compensation  promised  by  or  on  behalf  of  the 
appointing  power  or  in  case  no  compensation  is  so  promised  then  the 
actual  value  of  any  service  rendered,  and  the  expense  incurred  in  good 
faith  under  such  attempted  appointment  or  employment,  and  shall 
have  a  cause  of  action  against  the  appointing  power  for  such  sum  or 
sums  and  for  the  costs  of  action.  No  public  officer  shall  be  reimbursed 
by  the  State  or  any  of  its  instrumentalities  for  any  sum  so  paid  or 
recovered  in  such  action. 

§  23.  Political  and  Religious  Recommendation. — No  recommenda- 
tion or  question  or  inquiry  under  the  authority  of  this  act  shall  relate 
to  the  political  or  religious  opinions  or  affiliations  of  any  person,  and 
no  appointment  or  change  in  or  removal  from  any  position  under  the 
provisions  of  this  act  shall  be  in  any  manner  affected  or  influenced  by 
such  opinions  or  affiliations. 


CIVIL    SERVICE   ACT   AND   RULES.  405 

§  24.  Witness  Fees. — Witnesses  and  officers  to  subpoena  and 
secure  the  attendance  of  witnesses  before  the  commission,  or  any  com- 
missioner, or  the  chief  examiner  or  other  authorized  agent  of  the 
commission,  shall  be  entitled  to  the  same  fees  as  are  allowed  witnesses 
in  civil  cases  in  courts  of  record.  Such  fees  need  not  be  prepaid,  but 
the  controller  shall  draw  his  warrant  for  the  payment  of  the  amount 
thereof  when  the  same  shall  have  been  certified  to  by  the  commission 
and  duly  proved  by  affidavit  or  otherwise  to  the  satisfaction  of  the 
controller. 

§  25.  Penalty. — Any  person  willfully  violating  any  of  the  provi- 
sions of  this  act  shall  be  guilty  of  a  misdemeanor. 

§  26.  Repealing  Clause. — All  acts  and  parts  of  acts  inconsistent 
with  this  act  are  hereby  repealed  in  so  far  as  they  are  inconsistent  with 
the  provisions  of  this  act. 

§  27.  Appropriation. — There  is  hereby  appropriated  the  sum  of 
fifty  thousand  dollars  for  carrying  into  effect  the  provisions  of  this 
act,  and  for  defraying  the  expenses  of  the  commission  during  the  bien- 
nial term  of  1913-1914. 


GENERAL  RULES  OF  THE  STATE  CIVIL  SERVICE 

COMMISSION. 

RULE  1.     APPLICANTS. 

§  1.  Qualifications. — Applicants  must  be  citizens  of  the  United 
States,  actual  residents  of  California  and  at  least  twenty-one  years  of 
age,  except  in  the  case  of  messengers,  who  must  be  at  least  sixteen  years 
of  age,  and  clerks  and  stenographers,  who  must  be  at  least  eighteen 
years  of  age. 

§  2.  Character  and  Fitness. — Every  applicant  must  be  of  good  char- 
acter, of  temperate  habits,  and  in  all  respects  physically  competent 
to  perform  the  duties  of  the  position  applied  for. 

RULE  2.     APPLICATIONS. 

§  1.  All  applications  must  be  made  upon  official  blanks  furnished 
by  the  Commission  and  filled  out  as  therein  directed.  Separate  appli- 
cations shall  be  made  for — 

(a)  Positions  as  laborers; 

(b)  Positions  in  the  trades  and  other  skilled  occupations ; 

(c)  Positions  requiring  clerical,  professional  or  scientific  qualifica- 
tions. 

§  2.  Applicants  to  Present  Credentials. — ^Wherever  written  exam- 
inations are  required,  each  applicant  whose  applications  have  been 
approved  shall  be  notified  through  the  post  office  of  the  time  and  place 
of  the  examination,  and  such  notice  shall  be  the  credential  of  the 
applicant  to  take  the  examination. 


406  hillyer's  legal  manual. 

§  3.  Labor  Applications. — ^Applicants  for  laborers*  positions  must 
not  be  over  sixty  years  of  age.  Laborers  shall  be  appointed  according 
to  priority  of  application,  but  all  such  applicants  shall  be  examined 
as  to  age,  residence,  physical  condition  and  experience,  and  must  be 
found  to  be  in  good  physical  condition  and  with  the  capacity  to  per- 
form hard  manual  labor. 

Separate  lists  of  applicants  shall  be  miade  for  laborers  for  Sacra- 
mento, San  Francisco,  and  Los  Angeles.  The  names  of  those  laborers 
on  the  list  for  Sacramento  shall  be  drafted  for  positions  nearest  Sacra- 
mento ;  names  of  those  laborers  on  the  list  for  San  Francisco  shall  be 
drafted  for  positions  nearest  San  Francisco;  and  the  names  of  those 
laborers  on  the  list  for  Los  Angeles  shall  be  drafted  for  positions 
nearest  Los  Angeles.  "When  any  of  these  lists  become  exhausted, 
names  can  be  certified  from  the  other  lists. 

All  applications  for  laborers'  positions  must  be  on  forms  furnished 
by  the  Commission  and  shall  take  precedence  according  to  their 
receipt  in  the  office  of  the  Commission  at  Sacramento ;  each  applica- 
tion being  given  a  serial  number  in  the  order  of  its  receipt  by  the 
Commission. 

RULE  3.  APPLICATIONS  NOT  TO  BE  RETURNED. 

Applications  and  accompanying  vouchers  not  returned  for  correc- 
tion shall  remain  on  file  in  the  office  of  the  Commission  and  in  no 
circumstance  will  be  returned  to  applicants. 

RULE  4.     EXAMINATIONS. 

§  1.  Examinations  to  be  Free. — All  examinations  shall  be  conducted 
under  the  supervision  of  the  Commission  without  any  cost  or  expense 
to  any  applicant,  except  for  a  medical  certificate  or  examination  when 
required. 

§  2.  Questions  Placed  Under  Seal  After  Approval. — All  examina- 
tion questions  shall  be  first  approved  by  the  Commission.  The  exam- 
ination questions  after  approval  shall  be  securely  sealed  with  the 
official  seal  of  the  Civil  Service  Commission.  The  seal  shall  not  be 
broken  until  the  beginning  of  the  examination  and  then  only  in  the 
presence  of  all  the  candidates  at  the  examination  and  the  authorized 
agent  of  the  Civil  Service  Commission. 

§  3.  Explanations. — ^All  necessary  explanations  will  be  made  to  the 
whole  class.  No  question  will  be  explained  to  any  individual  candi- 
date. Examiners  are  fobidden  to  explain  the  meaning  of,  or  to  make 
remarks  relating  to,  any  question  that  may  assist  in  its  solution. 

§  4.  Conversation  During  Examinations. — ^Communication  between 
candidates  during  examination  is  strictly  forbidden. 

§  5.  Leaving  the  Examination-room. — ^During  an  examination  no 
candidate  will  be  permitted  to  leave  the  room,  except  in  case  of  extreme 
necessity,  and  then  only  with  a  representative  of  the  Commission. 
A  luncheon  recess  may  be  allowed,  however,  at  the  direction  of  the 
Commission. 


CIVIL   SERVICE   RULES.  407 

§  6.  Limit  of  Time. — The  limit  of  time  prescribed  for  such  exam- 
ination will  be  stated  before  the  examination  and  shall  begin  to  run 
when  announcement  is  made  by  the  examiner  in  charge. 

§  7.  Helps. — Candidates  are  forbidden  to  receive  aid  from  a  fel- 
low candidate  or  to  use  helps  in  any  form.  Before  the  commencement 
of  an  examination  candidates  Avill  be  required  to  hand  to  the  examiner 
any  printed  or  written  matter  in  their  possession  that  might  serve  to 
aid  them  in  the  examination.  Evidence  of  copying  or  collusion  may 
result  in  the  cancellation  of  examination  papers  and  the  debarment  of 
the  candidate  from  future  examinations.  Copies  of  the  questions  in 
the  examination  may  not  be  made  or  taken  from  the  examination-room. 

§  8.  Rating  of  Examinations. — ^All  examinations  shall  be  rated  on 
a  scale  of  100,  and  the  relative  weights  of  the  different  subjects,  in- 
cluding experience,  shall  be  determined  by  the  Commission  at  the  time 
of  the  announcement  of  the  examination. 

§  9.  Rating  of  Examination  Papers. — Where  written  examinations 
are  required  they  shall  be  so  managed  that  no  examination  papers  will 
disclose  the  name  or  identity  of  any  applicant  until  all  the  examination 
papers  shall  have  been  marked. 

So  far  as  practicable,  questions  on  different  subjects  of  examination 
shall  be  answered  on  separate  sheets  and  all  the  answers  on  a  given 
subject  shall  be  rated  by  the  same  examiner.  Where  the  number  of 
examiners  will  permit,  the  answers  shall  be  redistributed  by  subjects 
for  review  by  other  examiners  after  being  rated  in  the  first  instance. 

Each  candidate  must  write  his  name  and  address  upon  a  declaration 
sheet  which  must  have  printed  upon  it  a  serial  number,  to  be  known 
as  his  examination  number. 

The  candidate  shall  mark  upon  each  examination  sheet  his  examina- 
tion number  only.  When  the  examination  papers  have  been  rated  the 
declaration  sheet  shall  be  unsealed  and  the  examination  papers  as- 
signed to  the  proper  name  of  the  person  who  wrote  them. 

§  10.  Identification  Marks. — Any  candidate  in  any  examination 
who  places  an  identification  mark  upon  his  examination  papers,  other 
than  his  serial  number,  may  be  deprived  of  all  benefits  under  such 
examination. 

The  following  are  marks  of  identification  within  the  meaning  of 
this  rule :  Name  or  address  of  the  candidate ;  any  assumed  or  fictitious 
name  or  address ;  any  initials,  lines  or  other  characters  that  might  in- 
dicate the  identity  of  the  candidate. 

§  11.  Marking  and  Grading  of  Papers — Relative  Weights,  and 
Method  of  Determining  Average  Percentage. — The  relative  weight  of 
each  subject  shall  be  fixed  and  announced  by  the  Commission  and  all 
examination  papers  shall  be  marked  and  graded  under  the  regulations 
of  the  Commission.  When  during  the  marking  and  grading  of  the 
papers  it  becomes  apparent  that  a  candidate,  whose  papers  have  been 
partially  marked,  would  receive  a  general  average  percentage  less  than 
the  minimum  percentage  for  eligibility  fixed  by  the  Commission,  or 
if  the  candidate  receives  less  than  the  minimum  percentage  required 
by  the  Commission  on  a  given  subject,  then  such  candidate  shall  be 


408  hillyer's  legal  manual. 

considered  as  having  failed  and  the  marking  of  his  papers  need  not 
be  completed. 

The  different  subjects  in  each  examination  are  given  relative  weights 
according  to  their  importance.  Those  weights  represent  the  value  of 
each  subject  in  the  whole  examination.  The  method  of  obtaining  the 
average  percentage  of  the  examination  is  as  follows:  Multiply  the 
rating  obtained  in  each  subject  by  the  relative  weight  of  that  subject, 
add  the  products,  and  divide  the  sum  of  the  products  by  the  sum  of 
the  relative  weights.  The  quotient  thus  obtained  will  be  the  average 
percentage  for  that  examination. 

§  12.  Minimum  Standing. — Candidates  shall  be  required  to  obtain 
a  general  average  of  not  less  than  70%  in  order  to  pass  an  examination. 

§  13.  Notice  of  Result  of  Examinations. — As  soon  as  the  marking 
and  grading  of  the  papers  shall  have  been  completed  and  the  eligible 
registers  established,  each  candidate  shall  be  notified  through  the  post- 
office  of  his  general  average  percentage  and  relative  standing  obtained 
upon  examination. 

Where  the  marking  of  the  examination  papers  has  not  been  com- 
pleted because  the  candidate  has  failed  in  any  given  subject,  he  shall 
be  notified  of  that  fact. 

RULE  5.     ELIGIBLE  REGISTERS. 

§  1.  Successful  candidates  shall  be  enrolled  upon  the  register  of 
eligibles  in  the  order  of  their  general  average  percentage  upon  ex- 
amination without  regard  to  priority  of  application  or  examination, 
except  that  two  or  more  candidates  receiving  the  same  percentage 
shall  be  enrolled  according  to  priority  of  application. 

§  2.  Successful  candidates  may  be  enrolled  upon  two  or  more 
eligible   registers   at   the   same   time. 

RULE  6.     CERTIFICATIONS. 

§  1.  Vacancies. — Whenever  a  vacancy  is  to  be  filled  the  appoint- 
ing power  shall  notify  the  Commission  of  that  fact,  stating  the  duties 
of  the  position. 

§  2.  Three  Names  to  be  Certified. — The  Commission  shall  then 
certify  to  the  appointing  power  the  names  and  addresses  of  three 
persons  who  stand  highest  on  the  eligible  list  for  the  class  or  grade  to 
which  the  position  belongs.  In  case  there  are  less  than  three  upon 
such  eligible  list,  the  Commission  shall  certify  the  number  thereof  and 
the  appointing  power  shall  fill  the  position  by  the  appointment  of  one 
of  the   persons   certified   by  the   Commission. 

If  an  appointing  power  have  at  the  same  time  more  than  one  vacancy 
in  the  same  class  and  grade  to  be  filled,  the  Commission  shall  certify 
in  the  manner  previously  set  forth  as  many  names  as  there  are  va- 
cancies and  two  names  in  addition  to  the  total  number  of  such  vacancies 
if  there  be  that  number  of  names  on  the  register. 

The  appointing  power  shall  fill  the  first  vacancy  by  the  selection  of 
one  of  the  highest  three  elig^ibles  so  certified.     The  second  and  any 


CIVIL   SERVICE   RULES.  409 

succeeding  vacancy  shall  be  filled,  in  like  manner  by  selection  in  turn 
from  the  highest  three  remaining  names. 

If,  in  any  case  indicated,  there  be  no  additional  name  or  names  on 
the  register,  or  if  the  number  of  names  which  can  be  certified  or  vrhich 
are  finally  available  for  appointment  be  less  than  the  number  specified 
in  this  rule  but  at  least  equal  to  the  number  of  vacancies  to  be  filled, 
then  the  required  selection  shall  be  made  from  the  names  certified  and 
available. 

§  3.  Next  in  Rank  After  Waiver. — Whenever  an  eligible  has  been 
certified  to  the  appointing  power,  and  such  eligible  waives  appoint- 
ment, the  Secretary  shall  forthwith  notify  the  appointing  power  of 
such  waiver  and  certify  the  next  highest  eligible,  whereupon  said  next 
highest  eligible  shall  have  the  same  standing  as  though  originally 
certified. 

§  4.  New  Positions. — Whenever  a  new  position  is  created,  the 
appointing  power  who  may  fill  such  position  shall  immediately  make 
requisition  upon  the  Civil  Service  Commission  for  an  eligible  to  fill 
the  position,  and  shall  at  the  same  time  furnish  the  Civil  Service  Com- 
mission with  a  detailed  statement  of  the  duties  attached  to  said  posi- 
tion. It  shall  then  be  the  duty  of  the  Civil  Service  Commission  to 
classify  said  position  and  to  certify  eligibles  in  accordance  with  the 
provisions  of  section  2  of  this  Rule. 

§  5.  Examination  Papers  to  be  Forwarded  With  Certification. — 
Upon  certifying  eligibles  to  any  appointing  power  to  fill  a  vacancy, 
the  examination  papers  of  the  eligibles  shall  be  transmitted  with  the 
notice  of  certification  if  required  by  the  appointing  power.  Within 
ten  days  thereafter  all  examination  papers  must  be  returned  to  the 
Commission  by  the  appointing  power. 

RULE  7.  FAILURE  TO  RESPOND. 

§  1.  Any  eligible  who  fails  to  respond  within  a  reasonable  time 
after  notice  has  been  sent  him  to  report  for  duty  will  be  stricken  from 
the  eligible  register,  unless,  within  thirty  days  from  the  date  of  the 
notice  sent  him,  he  presents  reasons  satisfactory  to  the  Commission 
for  his  failure  to  report. 

When  the  eligible  resides  in  the  city  from  which  the  notice  has  been 
sent,  three  days  shall  be  deemed  a  reasonable  time  in  which  to  respond. 
When  the  eligible  resides  in  some  other  city  or  county,  the  time  con- 
sumed in  transmission  of  the  letter  to  his  place  of  residence  and  return 
shall  be  added  to  the  three  days. 

§  2.  Any  eligible  who  fails  to  respond  within  a  reasonable  time 
after  any  notice  sent  him  by  the  Commission  requiring  an  answer  will 
be  stricken  from  the  eligible  register,  but  may  be  restored  if  at  any 
time  during  the  period  of  his  eligibility  he  presents  reasons  satisfac- 
tory to  the  Commission  for  his  failure  to  respond. 

RULE  8.     DECLINATION  AND  WAIVER  OF  CERTIFICATION. 

§  1.  An  eligible  may  at  any  time  have  his  name  temporarily  with- 
drawn from  the  eligible  register  upon  giving  reasons  in  writing  satis- 


410  HILLYER'S  LEGAL   MANUAL. 

factory  to  the  Commission,  and  may  be  restored  thereto  at  the  dis- 
cretion of  the  Commission  upon  making  application  in  writing  during 
the  period  of  his  eligibility. 

§  2.  An  eligible  may,  when  his  name  is  reached  for  appointment 
to  a  temporary  position,  waive  certification  without  losing  his  position 
upon  the  eligible  register.  A  temporary  position  is  one  that  will  last 
for  less  than  six  months. 

§  3.  Whenever  an  eligible  has  indicated  in  his  application  for  ap- 
pointment the  locality  or  institutions  in  which  he  will  accept  employ- 
ment, he  may  decline  certification  to  positions  in  other  localities  or 
institutions,  without  losing  his  position  upon  the  eligible  register. 

An  eligible  may  decline  appointment  after  certification  without  los- 
ing his  position  upon  the  eligible  register  for  any  reason  satisfactory 
to  the  Civil  Service  Commission. 

In  the  event  of  an  absolute  refusal  of  a  permanent  position  by  an 
eligible  for  reasons  that  are  not  satisfactory  to  the  Civil  Service  Com- 
mission, his  place  upon  the  eligible  register  shall  be  declared  vacant 
and  his  name  shall  be  removed  therefrom.  The  Commission  may  in 
its  discretion,  however,  restore  his  name  to  the  eligible  register  for 
the  remaining  period  of  his  eligibility  upon  his  written  application 
therefor. 

RULE  9.     APPOINTMENTS. 

§  1..  Probationer. — A  probationer  is  one  in  office  more  than  sixty 
days  previous  to  classification  by  the  Civil  Service  Commission,  Novem- 
ber 14,  1913,  and  also  less  than  a  year  previous  to  August  15,  1913i;  or 
one  who  having  been  certified  and  appointed  after  examination  has 
been  employed  less  than  six  months. 

The  probationary  period  for  any  appointment  is  hereby  fixed  at  six 
months. 

§  2.  Permanent  Appointments. — A  permanent  appointee  is  one  who 
was  in  office  August  15,  1913,  and  who  had  been  employed  for  more 
than  one  year  previous  to  that  date,  or  one  who,  having  been  a  pro- 
bationer, has  served  more  than  the  required  probationary  period  of 
six  months. 

§  3.  Temporary  Appointments. — A  temporary  appointee  is  one  who 
has  been  appointed  to  office  after  August  15,  1913,  without  examina- 
tion, and  with  the  previous  consent  of  the  Commission. 

Whenever  a  position  is  to  be  filled,  the  appointing  power  must  make 
application  in  writing  to  the  Civil  Service  Commission  to  fill  the  same 
by  the  certification  of  three  eligibles  in  accordance  with  section  12  of 
the  Civil  Service  Act. 

When  there  are  no  eligibles  from  Avhich  to  fill  the  position,  the 
Civil  Service  Commission  may  authorize  the  appointing  power 
to  fill  such  positions  by  temporary  appointment  at  least  not  exceeding 
ninety  days  from  the  date  of  appointment.  Until  such  permission  has 
been  given,  no  authority  exists  in  the  appointing  power  to  make  a 
temporary  appointment. 

Pending  the  holding  of  examinations  for  the  various  positions  in  the 
State  Civil  Service,  it  will  be  necessary  for  positions  to  be  filled  by 


CIVIL   SERVICE   RULES.  411 

temporary  appointment.  All  contemplated  appointments  for  at  least 
three  months  should  be  included  in  the  request  for  certification  of 
eligibles  to  the  appointing  power.  The  Civil  Service  Commission  v^^ill 
then  pass  on  the  applications  and  notify  the  appointing  power  in  writ- 
ing of  the  certification  of  eligibles,  or  of  its  permission  to  make  tem- 
porary appointments.  If  the  permission  is  granted,  then,  and  not  until 
then,  the  appointing  power  may  make  legal  appointments. 

Upon  making  the  appointment  it  will  be  incumbent  upon  the  appoint- 
ing power  to  notify  the  Commission,  naming  the  appointee,  the  title 
and  character  of  the  position,  the  date  of  commencement  of  service, 
and  salary  or  compensation  thereof,  as  required  by  section  16  of  the 
Civil  Service  Act. 

§  4.  Emergency  Appointments. — Emergency  appointments  are  those 
made  notwithstanding  there  may  be  an  eligible  list,  for  the  reason 
that  eligibles  are  not  immediately  available.  In  certain  departments 
of  the  State  men  are  employed  and  discharged  almost  daily,  but  they 
are  at  such  great  distance  from  the  heads  of  their  departments  that 
in  some  cases  word  cannot  be  got  either  to  or  from  them  for  several 
days.  In  order  to  prevent  the  stoppage  of  public  business  when  the 
necessity  of  making  short-time  appointments  exists,  permission  is 
hereby  granted  to  the  appointing  power  in  any  department  of  the 
State  Civil  Service  to  make  emergency  appointments  for  not  more 
than  fifteen  days.  The  name  of  the  appointee,  the  duties,  the  position, 
the  nature  of  the  emergency  and  the  further  data  required  by  section 
16,  of  the  Civil  Service  Act  must  be  mailed  to  the  State  Service  Com- 
mission. 

"Where  the  appointing  power  is  sufficiently  near  Sacramento  to  make 
application  for  a  temporary  appointment  w4th  the  previous  consent  of 
the  Commission,  a  resort  to  emergency  appointments  will  be  deemed 
an  abuse  of  the  privilege  of  this  rule. 

Emergency  appointments  may  not  be  continuous. 

RULE  10.     REPORT  OF  APPOINTMENT. 

Whenever  the  names  of  three  eligibles  have  been  certified  to  the  ap- 
pointing power  to  fill  a  vacancy,  it  shall  be  the  duty  of  the  appointing 
power  to  make  the  appointment  forthwith.  It  shall  also  be  the  duty 
of  the  appointing  power  to  make  immediate  report  to  the  Commission 
of  the  fact  of  appointment. 

RULE  11.     EFFICIENCY  RECORDS. 

In  all  offices  and  places  of  employment  subject  to  the  Civil  Service 
Act,  the  appointing  power  shall  make  records  of  the  individual  ef- 
fieney  of  holders  of  positions  in  performing  their  duties,  and  shall  file 
such  records  monthly  with  the  Civil  Service  Commission  on  or  before 
the  fifth  day  of  the  month  for  the  calendar  month  preceding. 
The  efficiency  records  shall  be  rated  upon: 

1st.  Quality — meaning  the  ability  of  an  employee  to  perform  the 
task  to  which  he  or  she  is  assigned,  and  the  degree  of  ex- 
cellence attained  in  its  performance. 


412  hillyer's  legal  manual. 

When  temperamental  qualities  determine  the  usefulness  of  em- 
plojsees,  as  in  the  case  of  teachers  in  a  reform  school,  or 
nurses  in  an  institution,  ''temperamental  aptitude"  shall  be 
rated  under  "quality." 

2d.     Quantity — meaning  amount  of  work  done. 

3d.     Discipline — including  treatment  of  the  public,  treatment  of  fel- 
low employees,  sobriety,  and  obedience  to  rules. 

4th.     Attendance — including  absence  and  punctuality. 

Quality,  quantity,  and  discipline  shall  be  rated  on  a  percentage 
basis. 

The  grading  shall  be  as  follows: 

For  excellent  or  exceptional  work   90 — 100 

For  good  or  thoroughly  satisfactory  work 80 —  90 

For  fair  or  not  wholly  satisfactory  work 70 —  80 

For  poor  or  unsatisfactory  work 70  and  below 

Eighty-five  (85%)  per  cent  is  arbitrarily  taken  by  the  Civil  Service 
Commission  as  the  marking  for  an  average  employee  doing  thoroughly 
satisfactory  work. 

^  The  records  for  attendance  shall  be  a  statement  of  the  number  of 
times  tardy,  the  number  of  days  or  parts  of  days  absent. 

Where  markings  above  90  or  below  70  are  reported,  an  explanation 
should  accompany,  stating  briefly  the  reason  therefor.  The  Civil  Ser- 
vice Commission  retains  the  right  to  investigate  such  ratings  before 
entering  it  upon  its  records. 

If  the  net  efficiency  of  any  employee  falls  below  70  for  any  one 
month,  the  Secretary  of  the  Commission  may  file  a  charge  for  ineffi- 
ciency against  such  employee  with  the  Civil  Service  Commission.  If 
such  charge  is  filed,  it  shall  be  the  duty  of  the  Civil  Service  Commis- 
sion to  try  the  said  employee  for  inefficiency.  If,  after  such  trial,  it 
shall  find  the  rating  to  be  just,  the  Civil  Service  Commission  shall 
enter  judgment,  removing  the  said  employee  from  the  Civil  Service 
of  the  State  of  California,  and  his  name  shall  be  stricken  from  the  list 
of  eligibles. 

In  case  the  net  efficiency  of  any  employee  shall  fall  below  80  con- 
tinuously for  three  months,  the  Commission  may  reduce  the  salary  or 
grade  of  such  employee. 

The  efficiency  records  of  any  office  or  department  shall  be  made  upon 
a  letter-size  form,  at  the  left  of  which  shall  be  a  column  for  the  names 
of  the  employees  in  the  said  office  or  department  arranged  alphabeti- 
cally. In  the  first  column  to  the  right  of  the  names  shall  be  written 
the  name  of  the  position;  in  the  second  column  the  salary  paid;  in 
the  third  column  shall  be  rated  the  attendance,  and  it  shall  be  in  a 
double  subcolumn,  in  the  first  subcolumn  of  which  shall  be  recorded 
the  number  of  times  tardy,  and  in  the  second  subcolumn  shall  be 
recorded  the  number  of  days  absent;  in  the  fourth  column  shall  be 
rated  discipline ;  in  the  fifth  column  shall  be  rated  quality  of  work ;  in 
the  sixth  column  shall  be  rated  the  quantity  of  work ;  and  three  and 
one-half  inch  columns  shall  be  left  at  the  extreme  right  for  the  use  of 
the  Civil  Service  Commission. 


CIVIL   SERVICE   RULES.  413 

The  appointing  power  shall  require  the  immediate  supervisor  of  the 
persons  whose  efficiency  records  are  being  made  up  to  certify  to  the 
appointing  power,  the  record  for  the  quantity  and  quality  of  work, 
discipline  and  attendance. 

From  the  record  thus  transmitted  to  the  appointing  power  or  its 
authorized  agent  by  the  said  immediate  supervisor,  the  appointing 
power  or  its  authorized  agent  shall  cause  to  be  made  the  entries  in 
the  efficiency  records  to  be  submitted  to  the  Civil  Service  Commission. 
A  copy  of  said  record  shall  be  kept  in  the  office  of  the  appointing  power. 

RULE  12.     LEAVE  OF  ABSENCE. 

Upon  application  to  the  Civil  Service  Commission,  a  civil  service  ap- 
pointee may  be  granted  a  leave  of  absence  for  a  period  of  more  than 
one  month  and  not  to  exceed  six  months  without  prejudice  to  his  status, 
provided  such  application  shall  have  first  been  approved  by  the  ap- 
pointing power  in  the  department  in  which  the  applicant  is  employed. 
The  appointing  power  may  grant  a  leave  of  absence  to  a  eivil  service 
employee  for  thirty  days  or  less  without  first  securing  the  approval 
of  the  Civil  Service  Commission. 

RULE  13.   ABSENCE  WITHOUT  LEAVE. 

§  1.  Absence  from  duty  without  leave  for  any  time  will  be  con- 
sidered good  cause  for  dismissal. 

§  2.  Absence  from  duty  without  leave  for  ten  consecutive  days 
shall  be  deemed  a  resignation  from  the  service  by  the  absentee,  and 
upon  the  report  of  such  absence  by  the  appointing  power  to  the  Civil 
Service  Commission  the  absentee  shall  be  removed  from  the  service  of 
the  State  and  the  fact  of  removal  shall  be  entered  in  the  official  roster ; 
provided,  that  if  at  any  time  within  thirty  days  the  person  so  absent- 
ing himself  shall  make  satisfactory  explanation  to  the  Civil  Service 
Commission  of  the  cause  of  his  absence,  he  shall  be  restored  to  his 
position. 

RULE  14.     REDUCTION  IN  FORCE. 

Whenever  for  lack  of  work,  or  funds,  or  for  purposes  of  retrench- 
ment, or  other  causes,  it  becomes  necessary  to  reduce  the  number  of 
employees  in  a  given  class,  the  employees  in  that  class  shall  be  laid 
off  according  to  their  records  of  efficiency  as  established  under  the 
Rules  and  Regulations  of  the  Civil  Service  Commission,  the  least  effi- 
cient to  be  laid  off  first. 

Any  employee  who  has  been  laid  off  and  has  received  not  less  than 
eighty  per  cent  on  his  efficiency  record  shall  be  restored  to  the  eligible 
register  according  to  his  original  examination;  or,  in  case  the  employee 
was  a  permanent  employee  or  a  probationer  on  November  14,  1913, 
then  his  eligibility  shall  be  rated  according  to  the  length  of  employ^ 
ment,  the  oldest  employees  in  point  of  service  being  rated  highest. 
The  period  of  eligibility,  in  all  cases,  shall  begin  to  run  from  the  date 
of  restoration  to  the  eligible  register. 

If  no  efficiency  records  have  been  required  at  the  time  of  the  reduc- 
tion in  force,  lay-offs  may  be  made  in  the  discretion  of  the  appointing 


414 

power,  provided  that  permanent  employees  shall  not  be  laid  off  while 
work  is  being  performed  by  probationers  or  temporary  employees  of 
a  character  for  which  the  permanent  employee  is  fitted. 

If  efficiency  records  have  been  required  and  the  employee  has  re- 
ceived less  than  eighty  per  cent  therein,  he  shall  not  be  restored  to 
the  eligibility  register. 

Preference  shall  always  be  given  to  the  oldest  employees  in  length 
of  service  in  recertification  after  lay-offs. 

RULE  15.     TRANSFER. 

Transfers,  as  provided  by  section  13  of  the  Civil  Service  Act,  may 
be  made  by  the  appointing  power  only  with  the.  previous  consent  of 
the  Civil  Service  Commission. 

Persons  holding  positions  in  the  service  of  the  State  on  August  15, 
1913,  who  are  under  the, protection  of  the  Civil  Service  Law,  may  be 
assigned  to  any  other  positions  which  they  are  capable  of  filling,  pro- 
vided such  transfer  shall  be  recommended  by  the  appointing  power  and 
approved  by  the  Civil  Service  Commission.  Eligibles  appointed  after 
examination  to  fill  a  position  in  a  given  class  may  not  be  transferred 
to  positions  in  another  class. 

RULE  16.     REINSTATEMENT. 

Any  person  may  within  one  year  be  reinstated  to  any  position  from 
which  he  has  been  separated  without  fault  or  delinquency  on  his  part 
upon  petition  to  and  favorable  action  by  the  Civil  Service  ComTaission. 

RULE  17.     PROMOTION. 

§  1.  Method  of  Promotion. — Vacancies  in  positions,  unless  filled  by 
reinstatement  or  transfer,  shall  be  filled  as  far  as  practicable  by  pro- 
motion from  among  persons  holding  positions  in  the  next  lower  grade 
of  the  department,  office  or  institution  in  which  the  vacancy  exists.  An 
increase  of  salary  beyond  the  grade  of  the  position  occupied  shall  be 
deemed  a  promotion. 

Promotion  shall  be  based  upon  merit  determined  by  competitive  ex- 
amination and  by  the  superior  qualifications  of  the  person  promoted, 
as  shown  by  his  record  of  efficiency.  Applicants  for  promotional  ex- 
amination shall  register  in  the  office  of  the  Commission  at  least  three 
days  before  the  date  fixed  for  the  examination. 

The  recommendation  of  the  appointing  power,  with  reasons  for  the 
recommendation,  shall  be  a  factor  in  all  promotional  examinations,  and 
shall  be  given  a  rating  to  be  determined  by  the  Commission  upon  the 
announcement  of  the  examination. 

Whenever  a  vacancy  is  to  be  filled  by  promotion,  and  the  number  of 
applicants  in  the  next  lower  grade  who  present  themselves  for  ex- 
amination are  so  few  that  in  the  judgment  of  the  Commission  the  good 
of  the  public  service  requires  that  such  promotion  shall  be  open  to  all 
employees  in  the  lower  grade  of  that  class,  it  shall  so  declare  and 
notify  all  employees  in  such  lower  grades  that  such  examination  will 


CIVIL   SERVICE   RULES.  415 

be  held  and  of  their  eligibility,  and  shall  proceed  to  hold  an  original 
competitive  examination  to  such  positions. 

RULE  18.     TRIALS  AND  DISMISSALS. 

§  1.  Charges  under  section  14  of  the  Civil  Service  Act  may  be 
made  by  the  appointing  power  or  its  representative,  the  Civil  Service 
Commission  or  its  representative,  or  any  citizens. 

Such  charges  shall  be  tried  either  by  the  appointing  pov^er  of  the 
Civil  Service  Commission,  and  shall  be  instituted  by  serving  upon  the 
defendant  a  written  complaint  setting  forth  the  grounds  for  removal 
with  such  particularity  as  shall  enable  the  defendant  to  understand 
clearly  the  charges  made  against  him,  and  filing  with  the  Civil  Ser- 
vice  Commission   a   copy  thereof. 

Within  ten  days  after  service  upon  him  of  the  complaint,  the  defend- 
ant shall  file  with  the  Commission  and  furnish  to  the  prosecutor  a 
written  answer  thereto. 

The  appointing  power,  in  case  the  charges  are  to  be  heard  by  it, 
shall  then  notify  the  defendant  and  the  Civil  Service  Commission  of 
the  time  and  place  of  hearing  of  said  charges,  and  in  case  the  Civil 
Service  Commission  shall  hear  said  charges,  it  shall  notify  the  defend- 
ant and  the  prosecutor  of  the  time  and  place  of  hearing  said  charges. 

The  time  of  hearing  shall  not  be  less  than  five  nor  more  than  ten 
days  from  the  service  upon  the  prosecutor  of  the  answer  of  the  de- 
fendant. 

The  defendant  at  such  hearing  shall  have  opportunity  to  present 
whatever  competent  evidence  he  may  desire  in  his  own  defense  and 
shall  have  the  right  to  be  represented  by  counsel.  Failure  to  file  an 
answer  within  the  time  allowed  shall  be  construed  as  an  admission 
of  the  truth  of  the  charges  by  the  defendant,  and  judgment  of  re- 
moval shall  be  entered  forthwith  and  filed  with  or  by  the  Commission. 

Either  the  appointing  power  or  the  Commission  may  transfer  charges 
to  the  other  for  action  or  investigation. 

§  2.  The  hearing  of  charges  may  be  by  the  Commission,  any  Com- 
missioner, chief  examiner  or  any  other  agent  of  the  Commission  as  it 
may  direct,  or  the  appointing  power. 

§  3.  Any  Civil  Service  appointee  dismissed  from  employment  after 
trial  shall  be  removed  forthwith  from  all  eligible  lists  and  shall  not  be 
eligible  for  examination  thereafter  without  the  consent  of  the  Com- 
mission. Any  eligible  or  appointee  convicted  of  a  felony  shall  be  dis- 
missed from  the  service  of  the  State  and  shall  have  his  name  stricken 
from  all  eligible  registers. 

RULE  19.     REGULAR  AND  SPECIAL  MEETINGS. 

Regular  meetings  shall  be  held  on  the  first  Tuesday  of  every  month 
in  the  office  of  the  Commission  at  the  State  Capitol,  Sacramento,  at 
9  o'clock  A.  M. 

Special  meetings  may  be  called  at  any  time  by  the  President  or  by  a 
a  majority  of  the  Commissioners,  provided  forty-eight  hours'  notice 


416 

of  such  special  meeting  be  given  to  all  members  of  the  Commission. 
A  notice  of  each  special  meeting  shall  state  the  business  for  which 
said  meeting  is  called,  but  any  other  business  may  be  transacted  at 
such  meeting.  Ordinary  parliamentary  rules  shall  govern  the  delib- 
erations of  the  Civil  Service  Commission. 

RULE  20.     PUBLIC  INSPECTION. 

All  the  books,  records,  answers  and  papers  pertaining  to  examina- 
tions or  other  proceeding  shall  be  open  to  the  inspection  of  any  citizen. 

RULE  21.     AMENDMENTS  TO  RULES. 

The  rules  of  the  Civil  Service  Commission  may  be  amended  at  any 
meeting. 


GENERAL  INSTRUCTIONS  FOR  THE    FORMATION 
OF  NEW  BUILDING  AND  LOAN  ASSOCIATIONS. 

Plan  of  Fomiation. — Associations  may  be  formed  on  either  of  the 
three  following  plans : — 

First. — Mutual  associations  in  the  old  form  with  withdrawable  stock, 
both  installment  and  full  paid. 

Second. — Mutual  associations  under  section  648a  of  the  Civil  Code 
with  withdrawable  membership  shares,  both  installment  and  full  paid, 
having  a  paid-up  or  ultimate  matured  installment  value  of  $100  or  $200 
per  share,  with  all  the  rights,  powers  and  privileges,  and  subject  to  all 
the  restrictions  and  liabilities  provided  for  shares  of  authorized  capital 
stock  of  similar  classes. 

Third. — Associations  with  a  guarantee  capital,  and  also  authorized  to 
issue  membership  shares  or  certificates,  both  installment  and  full  paid, 
as  provided  for  in  section  648a  of  the  Civil  Code. 

Articles  of  Incorporation. — The  ordinary  forms  of  articles  of  incor- 
poration may  be  used,  but  the  second,  sixth  and  seventh  subdivisions 
of  the  articles  must  be  practically  in  the  following  forms,  depending 
upon  the  plan  of  organization. 

Statement  of  Purposes. — The  purposes  for  which  formed,  irre- 
spective of  the  style  of  incorporation,  should  conform  to  the  follow- 
ing as  regards  the  "second*'  subdivision: 

''Second:  The  purposes  for  which  it  is  formed  are:  To  encourage 
industry,  frugality,  home-building  and  savings  among  its  sharehold- 
ers, members  and  others;  the  accumulation  of  savings;  the  loaning  to 
its  shareholders,  members  and  others  of  the  money  or  funds  so  accumu- 
lated, with  the  profits  and  earnings  thereon,  and  the  repayment  to 
each  of  his  savings  and  profits  whenever  they  have  accumulated  to 
the  full  par  value  of  the  shares  or  certificates,  or  at  any  time  when 
he  shall  desire  the  same  or  when  the  corporation  shall  desire  to  repay 
the  same,  in  the  manner  provided  by  law  or  as  may  be  provided  in  the 
by-laws;  and  it  is  also  formed  for  all  the  purposes  and  with  all  the 


BUILDING   AND   LOAN    ASSOCIATIONS.  417 

powers,  rights  and  privileges  specified  in  sections  633  to  648a,  in- 
clusive, of  Title  XVI,  Part  IV,  Division  I  of  the  Civil  Code  of  the 
State  of  California." 

Capital. — //  formed  with  a  gxmrantee  capital,  the  sixth  subdivision  is : 

''Sixth:  That  the  amount  of  the  capital  stock  of  said  corporation  is 

thousand  ( )  dollars,  and  the  number  of  shares  into  which 

it  is  divided  is (......),  of  the  par  value  of  one  hundred  (100) 

dollars  each,  all  of  which,  when  issued,  shall  be  set  apart  as  a  fixed, 
permanent  and  guarantee  capital." 

Mutual  Plan. — If  formed  on  the  mutual  plan  without  capital  stock 
of  any  kind,  then  the  sixth  subdivision  should  read  as  follows : 

' '  Sixth :  That  this  corporation  is  formed  without  capital  stock,  and 
the  working  capital  shall  be  accumulated  by  the  issue  of  membership 
shares,  units  or  certificates  having  a  paid-up  or  ultimate  matured  in- 
stallment value  of  $100  each,  and  entitled  to  all  the  rights,  powers  and 
privileges,  and  subject  to  all  the  restrictions  and  liabilities  provided  in 
Title  XVI,  Part  IV,  Division  I  of  the  Civil  Code,  for  shares  of  author- 
ized capital  stock  of  similar  classes." 

If  formed  in  this  manner  the  ''seventh"  subdivision  should  read 
in  part  as  follows : 
"Seventh:    That  the  number  of  said  membership  shares  which  have 

actually  been  subscribed  is    ,   and    that  the  ultimate  matured 

value  of  said  membership  shares  as  subscribed  is  dollars,  and 

the  following  are  the  names  of  the  persons  by  whom  the  same  have 
been  subscribed,  to  wit:" 

Name. — Before  preparing  the  articles  of  incorporation,  the  name 
selected  should  be  submitted  to  the  Secretary  of  State  with  the  re- 
quest that  he  advise  if  such  name  is  available.  The  words  "savings," 
"trust"  or  "trustee"  must  not  be  used  as  a  part  of  any  name  selected. 

Approval  of  Articles. — After  the  articles  of  incorporation  are  pre- 
pared and  before  being  executed  a  copy  must  be  submitted  to  this 
office  for  approval. 

Approval  of  By-laws. — After  the  articles  of  incorporation  have  been 
executed  and  filed  and  the  certificate  of  incorporation  received  from 
the  Secretary  of  State,  the  board  of  directors  named  should  proceed 
to  organize  for  business  and  arrange  for  the  adoption  of  a  code  of 
by-laws  for  the  government  of  the  association.  Such  by-laws,  after 
being  prepared,  must  be  submitted  to  this  office  for  approval  and  only 
such  that  are  approved  by  this  office  can  be  adopted. 

Application  for  License. — The  by-laws  being  adopted,  a  copy  of  the 
articles  of  incorporation  certified  by  the  secretary  as  being  correct, 
and  a  copy  of  the  by-laws  as  adopted,  certified  in  the  same  manner, 
must  accompany  the  application  to  this  office  for  a  license.  With 
that  application  there  must  be  filed  with  this  office  a  list  of  the  sub- 
scribers to  the  capital  stock  or  to  the  shares,  giving  the  names  and 
the  amount  subscribed  by  each. 
27 


418  hillyer's  legal  manual.     ' 

Paid-in  Capital. — ^If  formed  with  a  guarantee  capital,  the  amount  of 
such  capital  authorized  should  not  be  less  than  $10,000,  and  the 
amount  of  such  actually  paid  in  should  not  be  less  than  fifty  per  cent 
or  $5,000. 

Subscription  to  Mutual  Shares. — If  formed  on  the  mutual  plan, 
either  with  shares  of  capital  stock,  withdrawable,  or  with  membership 
shares,  the  amount  of  such  subscriptions  must  show  a  bona  fide  sub- 
scription of  not  less  than  five  hundred  installment  shares  with  a 
monthly  payment  thereon  of  not  less  than  fifty  cents,  thereby  insur- 
ing at  least  a  monthly  income  from  that  source  of  not  less  than  $250. 

Issuance  of  License — Fees. — These  conditions  being  complied  with 
and  being  found  satisfactory,  a  license  will  be  issued  for  the  current 
calendar  year,  the  minimum  payment  for  which  for  the  full  year  or 
for  ten  months  or  more  will  be  $10.  For  an  unexpired  portion  of  a 
year  less  than  ten  months,  the  payment  required  by  law  is  $1  per 
month  for  the  unexpired  portion,  payable  in  advance. 


INDUSTRIAL  ACCIDENTS— EMPLOYER'S 
LIABILITY. 

(Constitutional  Provision.) 

The  legislature  may  by  appropriate  legislation  create  and  enforce 
a  liability  on  the  part  of  all  employers  to  compensate  their  employees 
for  any  injury  incurred  by  the  said  employees  in  the  course  of  their 
employment  irrespective  of  the  fault  of  either  party.  The  legislature 
may  provide  for  the  settlement  of  any  disputes  arising  under  the  legis- 
lation contemplated  by  this  section,  by  arbitration,  or  by  an  industrial 
accident  board,  by  the  courts,  or  by  either  any  or  all  of  these  agencies, 
anything  in  this  constitution  to  the  contrary  notwithstanding.  (Arti- 
cle XX,  section  21.     Adopted  October  10,  1911.) 

WORKMEN'S    COMPENSATION    INSURANCE    AND 

SAFETY  ACT. 

§  1.  Act,  How  Cited. — This  act  shall  be  known,  and  may  be  cited,  as 
the  "workmen's  compensation,  insurance  and  safety  act,"  and  shall 
apply  to  the  subjects  mentioned  in  its  title. 

§  2.  Terms  Construed. — The  following  terms  as  used  in  this  act 
shall,  unless  a  different  meaning  is  plainly  required  by  the  context,  be 
construed  as  follows : 

(1)  Commission. — The  term  "commission"  means  the  industrial 
accident  commission  of  the  State  of  California. 

(2)  Commissioner. — The  term  "commissioner"  means  one  of  the 
members  of  the  commission. 

(3)  Compensation. — The  term  "compensation"  means  compensation 
under  this  act  and  includes  every  benefit  or  payment  conferred  by 


INDUSTRIAL   ACCIDENTS.  419 

sections  12  to  36,  inclusive,  of  this  act  upon  an  injured  employee,  or 
in  the  event  of  his  death,  upon  his  dependents,  without  regard  to  neg- 
ligence. 

(4)  Damages. — The  term  ''damages"  means  the  recovery  allowed  in 
an  action  at  law  as  contrasted  with  compensation  under  this  act. 

(5)  Person. — The  term  ''person"  includes  an  individual,  firm,  vol- 
untary association  or  a  corporation. 

(6)  Insurance  Carrier. — The  term  "insurance  carrier"  includes  the 
state  compensation  insurance  fund  herein  created  and  any  private 
company,  corporation  or  mutual  association  authorized  under  the  laws 
of  this  State  to  insure  employers  against  liability  for  compensation 
under  this  act. 

(7)  Compensation  Provisions. — The  phrase  "compensation  provi- 
sions of  this  act"  means  and  includes  sections  12  to  35,  inclusive,  of 
this  act. 

(8)  Safety  Provisions. — The  phrase  "safety  provisions  of  this  act" 
means  and  includes  sections  51  to  72,  inclusive,  of  this  act. 

(9)  Gender. — Whenever  in  this  act  the  singular  is  used  the  plural 
shall  be  included;  where  the  masculine  gender  is  used,  the  feminine 
and  neuter  shall  be  included. 

§  3.  Powers,  Duties  and  Functions  of  Commission — Term — Salary — 
Oath. — There  is  hereby  created  a  board  to  consist  of  three  members 
who  shall  be  appointed  by  the  governor  from  the  State  at  large  and 
which  shall  be  known  as  the  "industrial  accident  commission"  and 
shall  have  the  powers,  duties  and  functions  hereinafter  conferred. 
Within  thirty  days  prior  to  the  first  day  of  January,  1914,  the  gov- 
ernor shall  appoint  the  three  members  of  said  commission,  one  for 
the  term  of  two  years,  one  for  the  term  of  three  years  and  one  for  the 
term  of  four  years.  Thereafter,  the  term  of  office  of  each  commissioner 
shall  be  four  years.  Vacancies  shall  be  filled  by  appointment  in  the 
same  manner  for  the  unexpired  term.  Each  commissioner  shall  receive 
an  annual  salary  of  five  thousand  dollars.  Each  commissioner  shall 
before  entering  upon  the  duties  of  his  office,  take  and  subscribe  the 
constitutional  oath  of  office. 

§  4.  Chairman— Quorum — Act  of  Majority  Deemed  Act  of  Commis- 
sion,— The  commission  shall  organize  by  choosing  one  of  its  members 
as  chairman,  A  majority  of  the  commission  shall  constitute  a  quorum 
for  the  transaction  of  any  business,  for  the  performance  of  any  duty, 
or  for  the  exercise  of  any  power  or  authority  of  the  commission.  A 
vacancy  on  the  commission  shall  not  impair  the  right  of  the  remaining 
members  to  perform  all  the  duties  and  exercise  all  the  power  and 
authority  of  the  commission.  The  act  of  the  majority  of  the  commis- 
sion, w^hen  in  session  as  a  commission,  shall  be  deemed  to  be  the  act  of 
the  commission,  but  any  investigation,  inquiry  or  hearing,  which  the 
commission  has  power  to  undertake  or  to  hold,  may  be  undertaken  or 
held  by  or  before  any  member  thereof  or  any  referee  appointed  by  the 


420  hillyer's  legal  manual. 

commission  for  that  purpose,  and  every  finding,  order,  decision,  or 
award  made  by  any  commissioner  or  referee,  pursuant  to  such  inves- 
tigation, inquiry  or  hearing,  when  approved  and  confirmed  by  the 
commission  and  ordered  filed  in  its  office,  shall  be  deemed  to  be  the 
finding,  order,  decision  or  award  of  the  commission. 

§  5.  Seal. — The  commission  shall  have  a  seal,  bearing  the  following 
inscription:  ''Industrial  accident  commission  State  of  California,  seal." 
The  seal  shall  be  affixed  to  all  writs  and  authentications  of  copies  of 
records  and  to  such  other  instruments  as  the  commission  shall  direct. 
All  courts  shall  take  judicial  notice  of  said  seal. 

§  6.  Office  in  San  Francisco  and  Los  Angeles. — The  commission 
shall  keep  its  principal  office  in  the  city  and  county  of  San  Francisco, 
and  shall  also  keep  an  office  in  the  city  of  Los  Angeles,  and  shall 
provide  itself  with  suitable  rooms,  necessary  office  furniture,  stationery 
and  other  supplies.  For  the  purpose  of  holding  sessions  in  other 
places,  the  commission  shall  have  power  to  rent  temporary  quarters. 

§  7.     Powers. — The  commission  shall  have  full  power  and  authority: 

(1)  Attorney. — To  appoint  as  its  attorney  an  attorney  at  law  of  this 
State,  who  shall  hold  office  at  the  pleasure  of  the  commission.  It  shall 
be  the  right  and  the  duty  of  the  attorney  to  represent  and  appear 
for  the  people  of  the  State  of  California  and  the  commission  in  all 
actions  and  proceedings  involving  any  question  under  this  act  or  under 
any  order  or  act  of  the  commission  and,  if  directed  so  to  do  by  the 
commission,  to  intervene,  if  possible,  in  any  action  or  proceeding  in 
which  any  such  question  is  involved ;  to  commence,  prosecute  and  expe- 
dite the  final  determination  of  all  actions  or  proceedings,  civil  or 
criminal,  directed  or  authorized  by  the  commission;  to  advise  the 
commission  and  each  member  thereof,  when  so  requested,  in  regard  to 
all  matters  in  connection  with  the  jurisdiction,  powers  or  duties  of 
the  commission  and  members  thereof;  and  generally  to  perform  all 
duties  and  services  as  attorney  to  the  commission  which  may  be  re- 
quired of  him. 

(2)  Secretary. — To  appoint,  and  it  shall  appoint,  a  secretary,  who 
shall  hold  office  at  the  pleasure  of  the  commission.  It  shall  be  the 
duty  of  the  secretary  to  keep  a  full  and  true  record  of  all  the  pro- 
ceedings of  the  commission,  to  issue  all  necessary  processes,  writs, 
warrants  and  notices  which  the  commission  is  required  or  authorized 
to  issue,  and  generally  to  perform  such  other  duties  as  the  commission 
may  prescribe.  The  commission  may  also  appoint  such  assistant 
secretaries  as  may  be  necessary  and  such  assistant  secretaries  may 
perform  any  duty  of  the  secretary,  when  so  directed  by  the  commission. 

(3)  Manager    of    State    Compensation    Insurance    Fund — Bond. 

To  appoint  a  manager  of  the  state  compensation  insurance  fund  who 
shall  hold  office  at  the  pleasure  of  the  commission.  It  shall  be  the 
duty  of  such  manager  to  manage,  supervise  and  conduct,  subject  to 
the   general  direction  and  approval  of  the  commission,  the  business 


INDUSTRIAL   ACCIDENTS.  421 

and  af¥airs  of  the  state  compensation  insurance  fund  and  to  perform 
such  other  duties  as  the  commission  may  prescribe.  Before  entering 
on  the  duties  of  his  office,  he  must  give  an  official  bond  in  the  sum  of 
$50,000,  and  take  and  subscribe  to  an  official  oath.  Said  bond  must 
be  approved  by  the  commission,  by  written  indorsement  thereon,  and 
be  filed  in  the  office  of  the  secretary  of  state. 

(4)  Superintendent  of  Department  of  Safety. — To  appoint  a  super- 
intendent of  the  department  of  safety,  who  shall  hold  office  at  the 
pleasure  of  the  commission,  and  who  shall  perform  such  duties  as  the 
commission  shall  prescribe. 

(5)  Other  Employees. — To  employ  such  other  assistants,  officers, 
experts,  statisticians,  actuaries,  accountants,  inspectors,  referees  and 
other  employees,  as  it  may  deem  necessary  to  carry  out  the  provisions 
of  this  act,  or  to  perform  the  duties  and  exercise  the  powers  conferred 
by  law  upon  the  commission. 

§  8.  Salaries  and  Compensation — Expenses. — All  officers  and  em- 
ployees of  the  commission  shall  receive  such  compensation  for  their 
services  as  may  be  fixed  by  the  commission  and  shall  hold  office  at  the 
pleasure  of  the  commission  and  shall  perform  such  duties  as  are  im- 
posed on  them  by  law  or  by  the  commission.  The  salaries  of  the  mem- 
bers of  the  commission,  its  attorney,  secretary  and  assistant  secretary, 
as  fixed  by  law  or  the  commission,  shall  be  paid  in  the  same  manner 
as  are  the  salaries  of  other  State  officers.  The  salary  or  compensation 
of  every  other  person  holding  office  or  employment  under  the  commis- 
sion, as  fixed  by  law  or  by  the  commission,  shall  be  paid  monthly,  after 
being  approved  by  the  commission,  upon  claims  therefor  to  be  audited 
by  the  state  board  of  control.  All  expenses  incurred  by  the  commis- 
sion pursuant  to  the  provisions  of  this  act,  including  the  actual  and 
necessary  traveling  and  other  expenses  and  disbursements  of  the 
members  thereof,  its  officers  and  employees,  incurred  while  on  business 
of  the  commission,  either  within  or  without  the  state,  shall,  unless 
otherwise  provided  in  this  act,  be  paid  from  the  funds  appropriated 
for  the  use  of  the  commission,  after  being  approved  by  the  commis- 
sion, upon  claims  therefor  to  be  audited  by  the  board  of  control;  pro- 
vided, however,  that  no  such  expenses  incurred  outside  of  the  state 
shall  be  allowed  unless  prior  authorization  therefor  be  obtained  from 
the  board  of  control. 

§  9.  Apportionment  Between  Departments. — In  all  cases  in  which 
salaries,  expenses  or  outgoings  of  one  department  under  the  jurisdic- 
tion of  the  commission  are  expended  in  whole  or  in  part  on  behalf 
of  another  department  the  commission  may  apportion  the  same 
between  such  departments. 

§  10.  Blank  Forms— Minutes— Book  of  Awards.— The  commission 
shall  cause  to  be  printed  and  furnished  free  of  charge  to  any  employer 
or  employee,  or  other  person,  such  blank  forms  as  it  shall  deem 
requisite  to  facilitate  or  promote  the  efficient  administration  of  this 


422  hillyer's  legal  manual. 

act;  it  shall  provide  a  book  in  which  shall  be  entered  the  minutes  of  all 
its  proceedings,  a  book  in  which  shall  be  recorded  all  awards  made  by 
the  commission  and  such  other  books  or  records  as  it  shall  deem 
requisite  for  the  proper  and  efficient  administration  of  this  act ;  all 
such  records  to  be  kept  in  the  office  of  the  commission. 

§  11.  Further  Powers. — The  commission  shall  also  have  power  and 
authority : 

(1)  Fees. — To  charge  and  collect  the  following  fees:  for  copies  of 
papers  and  records  not  required  to  be  certified  or  otherwise  authenti- 
cated by  the  commission,  ten  cents  for  each  folio ;  for  certified  copies 
of  official  documents  and  orders  filed  in  its  office  or  of  the  evidence 
taken  on  proceedings  had,  fifteen  cents  for  each  folio, 

(2)  Reports  and  Pamphlets. — To  publish  and  distribute  in  its  dis- 
cretion from  time  to  time,  in  addition  to  its  annual  report  to  the  gov- 
ernor of  the  State,  such  further  reports  and  pamphlets  covering  its 
operations,  proceedings  and  matters  relative  to  its  work  as  it  ma}^ 
deem  advisable. 

(3)  Charges  for  Publications. — To  fix  and  collect  reasonable  charges 
for  publications  issued  under  its  authority. 

(4)  Disposition  of  Fees. — The  fees  charged  and  collected  under  this 
section  shall  be  paid  monthly  into  the  treasury  of  the  State  to  the 
credit  of  the  "industrial  accident  fund"  and  shall  be  accompanied 
by  a  detailed  statement  thereof. 

§  12.  Conditions  of  Compensation. — (a)  Liability  for  the  compen-. 
sation  provided  by  this  act,  in  lieu  of  any  other  liability  whatsoever, 
shall,  without  regard  to  negligence,  exist  against  an  employer  for  any 
personal  injury  sustained  by  his  employees  by  accident  arising  out  of 
and  in  the  course  of  the  employment  and  for  the  death  of  any  such 
employee  if  the  injury  shall  proximately  cause  death,  in  those  cases 
where  the  following  conditions  of  compensation  concur: 

(1)  Where,  at  the  time  of  the  accident,  both  the  employer  and  em- 
ployee are  subject  to  the  compensation  provisions  of  this  act. 

(2)  Where,  at  the  time  of  the  accident,  the  employee  is  performing 
service  growing  out  of  and  incidental  to  his  employment  and  is  acting 
within  the  course  of  his  employment  as  such. 

(3)  Where  the  injury  is  proximately  caused  by  accident,  either  with 
or  without  negligence,  and  is  not  so  caused  by  the  intoxication  or  the 
willful  misconduct  of  the  injured  employee. 

(b)  Right — Exclusive  When. — Where  such  conditions  of  compen- 
sation exist,  the  right  to  recover  such  compensation  pursuant  to 
the  provisions  of  this  act,  shall  be  the  exclusive  remedy  against  the 
employer  for  the  injury  or  death  except  that  when  the  injury  was 
caused  by  the  employer's  gross  negligence  or  willful  misconduct 
and  such  act  or  failure  to  act  causing  such  injury  was  the  personal 
act  or  failure  to  act  on  the  part  of  the  employer  himself,  or  if  the 
employer  be  a  partnership  on  the  part  of  one  of  the  partners,  or  if  a 


INDUSTRIAL   ACCIDENTS.  423 

corporation,  on  the  part  of  an  elective  officer  or  officers  thereof,  and 
such  act  or  failure  to  act  indicated  a  willful  disregard  of  the  life,  limb, 
or  bodily  safety  of  employees,  any  such  injured  employee  may,  at  his 
option,  either  claim  compensation  under  this  act  or  maintain  an  action 
at  law  for  damages. 

(c)  Where  Conditions  Do  not  Concur. — In  all  other  cases  where  the 
conditions  of  compensation  do  not  concur,  the  liability  of  the  em- 
ployer shall  he  the  same  as  if  this  act  had  not  been  passed. 

§  13.  Term  "Employer." — The  term  "employer"  as  used  in  sec- 
tions 12  to  35,  inclusive,  of  this  act  shall  be  construed  to  mean:  The 
state,  and  each  county,  city  and  county,  city,  school  district  and  all 
public  corporations  therein,  and  every  person,  firm,  voluntary  asso- 
ciation, and  private  corporation,  (including  any  public  service  corpo- 
ration) who  has  any  person  in  service  under  any  appointment  or 
contract  of  hire,  or  apprenticeship,  express  or  implied,  oral  or  writ- 
ten, and  the  legal  representatives  of  any  deceased  employer. 

§  14.  Term  *  *  Employee. ' ' — The  term  ' '  employee ' '  as  used  in  sections 
12  to  35,  inclusive,  of  this  act  shall  be  construed  to  mean :  every  person 
in  the  service  of  an  employer  as  defined  by  section  13  hereof  under  any 
appointment  or  contract  of  hire  or  apprenticeship,  express  or  implied, 
oral  and  written,  including  aliens  and  also  including  minors,  but  exclud- 
ing any  person  whose  employment  is  both  casual  and  not  in  the  usual 
course  of  the  trade,  business,  profession  or  occupation  of  his  employer, 
and  also  excluding  any  employee  engaged  in  farm,  dairy,  agricultural, 
viticultural  or  horticultural  labor,  in  stock  or  poultry  raising  or  in 
household  domestic  service. 

§  15.  Schedule  of  Compensation. — Where  liability  for  compensa- 
tion under  this  act  exists  such  compensation  shall  be  furnished  or  paid 
by  the  employer  and  be  as  provided  in  the  following  schedule : 

(a)  Treatment,  Supplies  and  Apparatus. — Such  medical,  surgical 
and  hospital  treatment,  including  nursing,  medicines,  medical  and 
surgical  supplies,  crutches  and  apparatus,  as  may  reasonably  be  re- 
quired at  the  time  of  the  injury  and  within  ninety  days  thereafter,  to 
cure  and  relieve  from  the  effect  of  the  injury,  the  same  to  be  provided 
by  the  employer,  and  in  case  of  his  neglect  or  refusal  seasonably  to 
do  so,  the  employer  to  be  liable  for  the  reasonable  expense  incurred  by 
or  on  behalf  of  the  employee  in  providing  the  same. 

(b)  Disability  Indemnity. — 1.  If  the  accident  causes  disability,  a 
disability  indemnity  which  shall  be  payable  for  one  week  in  advance 
as  wages  on  the  fifteenth  day  after  the  injured  employee  leaves  work 
as  a  result  of  the  injury,  and  thereafter  on  the  employer's  regular  pay- 
day, but  not  less  frequently  than  twnce  in  each  calendar  month,  unless 
otherwise  ordered  by  the  commission,  subject,  however,  to  the  follow- 
ing limitations: 

(1)  If  the  period  of  disability  does  not  last  longer  than  two  weeks 
from  the  day  the  employee  leaves  work  as  the  result  of  the  injury,  no 
disability  indemnity  whatever  shall  be  recoverable. 


424 

(2)  If  the  period  of  disability  lasts  lonti^er  than  two  weeks  from  the 
day  the  employee  leaves  work  as  the  result  of  the  injury,  no  disability 
indemnity  shall  be  recoverable  for  the  first  two  weeks  of  such  dis- 
ability. 

2.  Measure  of  Indemnity. — The  disability  indemnity  payable  shall 
be  as  follows: 

(1)  Temporary  Total  Disability. — If  the  accident  causes  temporary 
total  disability,  sixty-five  per  cent  of  the  average  weekly  earnings 
during  the  period  of  such  disability; 

(2)  Temporary  Partial  Disability. — If  the  accident  causes  tempo- 
rary partial  disability,  sixty-five  per  cent  of  the  weekly  loss  in  wages 
during  the  period  of  such  disability ; 

(3)  Temporary  Disability  at  Times  Total  and  at  Times  Partial.— 
If  the  temporary  disability  caused  by  the  accident  is  at  times  total 
and  at  times  partial,  the  weekly  disability  indemnity  during  the  periods 
of  each  such  total  or  partial  disability  shall  be  in  accordance  with 
paragraphs  (1)   and   (2)  of  this  subdivision  respectively; 

(4)  Aggregate  Indemnity  for  Temporary  Disability. — Paragraphs 
(1),  (2)  and  (3)  of  this  subdivision  shall  be  limited  as  follows:  aggre- 
gate disability  indemnity  for  a  single  injury  causing  temporary  dis- 
ability shall  not  exceed  three  times  the  average  annual  earnings  of  the 
employee,  nor  shall  the  aggregate  disability  period  for  such  tempor- 
ary disability  in  any  event  extend  beyond  two  hundred  forty  weeks 
from  the  date  of  the  accident. 

(5)  Permanent  Disability. — If  the  accident  causes  permanent  dis- 
ability, the  percentage  of  disability  to  total  disability  shall  be  deter- 
mined and  the  disability  indemnity  computed  and  allowed  as  follows: 
for  a  ten  per  cent  disability,  sixty-five  per  cent  of  the  average  weekly 
earnings  for  a  period  of  forty  weeks;  for  a  twenty  per  cent  disability, 
sixty-five  per  cent  of  the  average  weekly  earnings  for  a  period  of 
eighty  weeks;  for  a  thirty  per  cent  disability,  sixty-five  per  cent  of 
the  average  weekly  earnings  for  a  period  of  one  hundred  twenty 
weeks ;  for  a  forty  per  cent  disability,  sixty-five  per  cent  of  the  aver- 
age weekly  earnings  for  a  period  of  one  hundred  sixty  weeks;  for 
a  fifty  per  cent  disability,  sixty-five  per  cent  of  the  average  weekly 
earnings  for  a  period  of  two  hundred  weeks;  for  a  sixty  per  cent 
disability,  sixty-five  per  cent  of  the  average  weekly  earnings  for  a 
period  of  two  hundred  forty  weeks;  for  a  seventy  per  cent  disability, 
sixty-five  per  cent  of  the  average  weekly  earnings  for  a  period  of  two 
hundred  forty  weeks,  and  thereafter  ten  per  cent  of  such  weekly 
earnings  during  the  remainder  of  life ;  for  an  eighty  per  cent  dis- 
ability, sixty-five  per  cent  of  the  average  weekly  earnings  for  a  period 
of  two  hundred  forty  weeks,  and  thereafter  twenty  per  cent  of  such 
weekly  earnings  during  the  remainder  of  life;  for  a  ninety  per  cent 
disability,  sixty-five  per  cent  of  the  average  weekly  earnings  for  a 
period  of  two  hundred  forty  weeks  and  thereafter  thirty  per  cent  of 
such  weekly  earnings  during  the  remainder  of  life ;  for  a  hundred  per 


INDUSTRIx\L    ACCIDENTS.  425 

cent  disability,  sixty-five  per  cent  of  the  average  weekly  earnings  for 
a  period  of  two  hundred  forty  weeks  and  thereafter  forty  per  cent 
of  such  weekly  earnings  during  the  remainder  of  life, 

(6)  Permanent  Disabilities  Intermediate  to  Foregoing  Schedule. — 
The  indemnity  for  permanent  disabilities  intermediate  to  those  fixed 
by  the  foregoing  schedule  shall  be  computed  and  allowed  as  follows: 
if  under  seventy  per  cent,  sixty-five  per  cent  of  the  average  weekly 
earnings  for  four  weeks  for  each  one  per  cent  of  disability ;  if  seventy 
per  cent  or  over,  sixty-five  per  cent  of  the  average  weekly  earnings 
for  two  hundred  forty  weeks  and  thereafter  one  per  cent  of  such 
weekly  earnings  for  each  one  per  cent  of  disability  in  excess  of  sixty 
per  cent  to  be  paid  during  the  remainder  of  life. 

(7)  Nature  of  Injury — Disfigurement — Occupation  and  Age. — In 
determining  the  percentages  of  permanent  disability,  account  shall  be 
taken  of  the  nature  of  the  physical  injury  or  disfigurement,  the  occu- 
pation of  the  injured  employee  and  his  age  at  the  time  of  such  injury. 

(8)  Total  Incapacity  Due  to  Illness  Resulting  from  Injury. — Noth- 
ing contained  in  the  foregoing  schedule  of  permanent  disability 
indemnity  shall  be  held  to  limit  the  amount  of  compensation  recover- 
able for  any  such  permanent  injury  during  any  period  of  total  inca- 
pacity due  to  illness  resulting  from  that  injury,  but  any  sum  so 
received  shall  be  deducted  from  the  compensation  payable  in  accord- 
ance with  the  said  schedule. 

(9)  Permanent  Disabilities  Conclusively  Presumed  to  be  Total. — 
The  following  permanent  disabilities  shall  be  conclusively  presumed 
to  be  total  in  character:  Loss  of  both  eyes  or  the  sight  thereof;  loss 
of  both  hands  or  the  use  thereof ;  an  injury  resulting  in  a  practically 
total  paralysis;  an  injury  to  the  brain  resulting  in  incurable  imbecil- 
ity or  insanity.  In  all  other  cases,  permanent  total  disability  shall  be 
determined  in  accordance  with  the  fact. 

3.  Death  of  Employee  not  to  Affect  Accrued  and  Unpaid  Compensa- 
tion.— The  death  of  the  injured  employee  shall  not  affect  the  liability 
of  the  employer  under  subsections  (a)  and  (b)  of  this  section,  so  far 
as  such  liability  has  accrued  and  become  payable  at  the  date  of  the 
death,  and  any  accrued  and  unpaid  compensation  shall  be  paid  to  the 
dependents,  if  any,  without  administration,  or  if  there  are  no  depend- 
ents, to  the  personal  representatives  of  the  deceased  employee  or  other 
person  entitled  thereto,  but  such  death  shall  be  deemed  to  be  the 
termination  of  the  disability. 

(c)  Death  Benefit. — If  the  accident  causes  death,  either  with  or 
without  disability,  a  death  benefit  which  shall  be  payable  in  install- 
ments equal  to  sixty-five  per  cent  of  the  average  weekly  earnings  of 
the  deceased  employee,  upon  the  employer's  regular  pay-day,  but  not 
less  frequently  than  twice  in  each  calendar  month,  unless  otherwise 
ordered  by  the  commission,  which  death  benefit  shall  be  as  follows: 

(1)  Where  Deceased  Employee  Leaves  Persons  Wholly  Dependent. — 
In  case  the  deceased  employee  leaves  a  person  or  persons  wholly  depend- 


426  hillyer's  legal  manual. 

ent  upon  him  for  support,  the  death  benefit  shall  be  a  sum  sufficient, 
when  added  to  the  disability  indemnity  which,  at  the  time  of  death 
has  accrued  and  become  payable,  under  the  provisions  of  subsection 
(b)  hereof,  to  make  the  total  disability  indemnity  and  death  benefit 
equal  to  three  times  his  average  annual  earnings,  such  annual  earn- 
ings to  be  taken  at  not  less  than  three  hundred  and  thirty-three  dol- 
lars and  thirty-three  cents  nor  more  than  one  thousand  six  hundred 
and  sixty-six  dollars  and  sixty-six  cents. 

(2)  Where  Deceased  Employee  Leaves  No  Person  Wholly  Depend- 
ent but  Persons  Partially  Dependent. — In  case  the  deceased  employee 
leaves  no  person  wholly  dependent  upon  him  for  support,  but  one  or 
more  persons  partially  dependent  therefor,  the  death  benefit  shall  be 
such  percentage  of  three  times  such  average  annual  earnings  of  the 
employee  as  the  annual  amount  devoted  by  the  deceased  to  the  sup- 
port of  the  person  or  persons  so  partially  dependent  bears  to  such 
average  annual  earnings;  provided,  that  the  death  benefit  shall  not 
be  greater  than  a  sum  sufficient,  when  added  to  the  disability  indem- 
nity which,  at  the  time  of  the  death,  has  accrued  and  become  payable 
under  the  provisions  of  subsection  (b)  hereof  to  make  the  total  dis- 
ability indemnity  and  death  benefit  equal  to  three  times  his  average 
annual  earnings,  such  average  annual ,  earnings  to  be  taken  at  not  less 
than  three  hundred  and  thirty-three  dollars  and  thirty-three  cents  nor 
more  than  one  thousand  six  hundred  and  sixty-six  dollars  and  sixty- 
six  cents. 

(3)  Where  Deceased  Employee  Leaves  No  Person  Dependent. — If 
the  deceased  employee  leaves  no  person  dependent  upon  him  for  sup- 
port, the  death  benefit  shall  consist  of  the  reasonable  expense  of  his 
burial  not  exceeding  one  hundred  dollars  and  such  further  death  benefit 
as  may  be  provided  by  law. 

(d)  Payment  to  Discharge  Employer. — Payment  of  compensation! 
in  accordance  with  the  order  and  direction  of  the  commission  shall  dis- 
charge the  employer  from  all  claims  therefor. 

§  16.  Limitation  of  Proceedings. — (a)  Unless  compensation  is  paid 
or  an  agreement  for  its  payment  made  within  the  time  limited  in  this 
section  for  the  institution  of  proceedings  for  its  collection,  the  right 
to  institute  such  proceedings  shall  be  wholly  barred. 

(b)  The  periods  within  which  proceedings  for  the  collection  of  com- 
pensation may  be  commenced  as  follows: 

(1)  For  Collection  of  Disability  Indemnity. — ^Proceedings  for  the 
collection  of  the  benefit  provided  by  subsection  (a)  of  section  15  or 
for  the  collection  of  the  disability  indemnity  provided  by  subsection 
(b)  of  said  section  15  must  be  commenced  within  six  months  from  the 
date  of  the  accident,  except  as  otherwise  provided  in  this  act. 

(2)  For  Collection  of  Death  Benefit. — Proceedings  for  the  col- 
lection of  the  death  benefit  provided  by  subsection  (c)  of  said  sec- 
lion  15  must  be  commenced  within  one  year  from  the  date  of  death, 
and  in  any  event  within  two  hundred  forty  weeks  from  the  date  of 


INDUSTRIAL   ACCIDENTS.  427 

the  accident,  and  can  only  be  maintained  when  it  appears  that  death 
ensued  within  one  year  from  the  date  of  the  accident,  or  that  the 
accident  causing  death  also  caused  disability  which  continued  to  the 
date  of  the  death  and  for  which  a  disability  indemnity  was  paid,  or 
an  agreement  for  its  payment  made,  or  proceedings  for  its  collection 
commenced  within  the  time  limited  for  the  commencement  of  proceed- 
ings for  the  recovery  of  the  disability  indemnity. 

(e)  Time,  How  Extended. — The  payment  of  thb  disability  indemnity 
or  death  benefit,  or  any  part  thereof,  or  agreement  therefor,  shall  have 
the  effect  of  extending  the  period  within  which  proceedings  for  its 
collection  may  be  commenced,  six  months  from  the  date  of  the  agree- 
ment or  last  payment  of  such  disability  indemnity  or  death  benefit  or 
any  part  thereof. 

(d)  Minor  or  Incompetent  to  Act  by  Guardian  or  Trustee. — If  an 

injured  employee,  or  in  the  case  of  his  death,  one  or  more  of  his 
dependents,  shall  be  a  minor  or  incompetent  at  any  time  when  any 
right  or  privilege  accrues  to  such  person  under  the  provisions  of  this 
act,  a  general  guardian,  appointed  by  the  court  or  a  guardian 
ad  litem  or  trustee  appointed  by  the  commission  or  a  commissioner 
may,  on  behalf  of  any  such  person,  claim  and  exercise  any  such 
right  or  privilege  with  the  same  force  and  effect  as  if  no  such  disa- 
bility existed;  and  no  limitation  of  time  provided  by  this  act  shall 
run  against  any  such  minor  or  incompetent  unless  and  until  such 
guardian  or  trustee  is  appointed. 

(e)  Refusal  to  Submit  to  Treatment. — No  compensation  shall  be 
payable  in  respect  of  the  death  or  disability  of  an  employee  if  his  death 
is  caused,  or  if  and  so  far  as  his  disability  is  caused,  continued,  or 
aggravated,  by  an  unreasonable  refusal  to  submit  to  medical  treat- 
ment, or  to  any  surgical  treatment,  the  risk  of  which  ]s,  in  the  opinion 
of  the  commission,  inconsiderable  in  view  of  the  seriousness  of  the 
injury. 

(f)  Later  Injury. — The  fact  that  an  employee  has  suffered  a  previ- 
ous disability,  or  receives  compensation  therefor,  shall  not  preclude 
him  from  compensation  for  a  later  injury,  or  his  dependents  from 
compensation,  shall  not,  in  the  absence  of  any  agreement,  be  construed 
pensation  for  the  later  injury,  or  death  resulting  therefrom,  his  average 
annual  earnings  shall  be  fixed  at  such  sum  as  will  reasonably  represent 
his  annual  earning  capacity  at  the  time  of  the  later  injury. 

(g)  Payment  not  Admission  of  Liability  or  Waiver  of  Claim. — 
Any  payment,  allowance  or  benefit  received  by  the  injured  employee 
during  the  period  of  his  incapacity,  or  by  his  dependents  in  the  event 
of  his  death,  which  by  the  terms  of  this  act  was  not  then  due  and  pay- 
able or  when  there  is  any  dispute  or  question  concerning  the  right  to 
compensation  for  death  resulting  therefrom,  but  in  determining  com- 
to  be  an  admission  of  liability  for  compensation  on  the  part  of  the 
employer,  or  the  acceptance  thereof  as  a  waiver  of  any  right  or  claim 
which  the  employee  or  his  dependents  may  have  against  the  employer, 


428  hillyer's  legal  manual. 

but  any  sneh  payment,  allowance  or  benefit  may  be  taken  into  account 
by  the  commission  in  fixinpf  the  amount  of  the  compensation  to  be  paid. 

§  17.  (a)  Average  Weekly  Earnings  One  Fifty-second  of  Average 
Annual  Earnings. — The  average  weeklj^  earnings  referred  to  in  section 
15  hereof  shall  be  one  fifty-second  of  the  average  annual  earnings  of 
the  employee;  in  computing  such  earnings  his  average  annual  earnings 
shall  be  taken  at  not  less  than  three  hundred  and  thirty-three  dollars 
and  thirty-three  cents,  nor  at  more  than  one  thousand  six  hundred  and 
sixty-six  dollars  and  sixty-six  cents  and  between  said  limits  shall  be 
arrived  at  as  follows : 

(1)  If  Employee  has  Worked  in  Same  Employment. — If  the  injured 
employee  has  worked  in  the  same  employment,  whether  for  the  same 
employer  or  not,  during  substantially  the  whole  of  the  year  immedi- 
ately preceding  his  injury,  his  average  annual  earnings  shall  consist  of 
three  hundred  times  the  average  daily  earnings,  wage  or  salary  which 
he  earned  as  such  employee  during  the  days  when  so  employed. 

(2)  If  Employee  has  not  so  Worked  in  Such  Employment. — If  the 
injured  employee  has  not  so  worked  in  such  employment  during 
substantially  the  whole  of  such  immediately  preceding  year,  his  average 
annual  earnings  shall  consist  of  three  hundred  times  the  average  daily 
earnings,  wage  or  salary  which  an  employee  of  the  same  class,  working 
substantially  the  whole  of  such  immediately  preceding  year,  in  the  same 
or  a  similar  kind  of  employment,  in  the  same  or  a  neighboring  place, 
earned  during  the  days  w^hen  so  employed. 

(3)  Where  for  Any  Reason  Foregoing  Methods  cannot  be  Applied. — 
In  every  case  where  for  any  reason  the  foregoing  methods  of  arriving 
at  the  average  annual  earnings  of  the  injured  employee  cannot  reason- 
ably and  fairly  be  applied,  such  annual  earnings  shall  be  taken  at  such 
sum  as,  having  regard  to  the  previous  earnings  of  the  injured  employee, 
and  of  other  employees  of  the  same  or  most  similar  class  working  in  the 
same  or  most  similar  employment,  in  the  same  or  neighboring  locality, 
shall  reasonably  represent  the  average  annual  earning  capacity  of  the 
injured  employee  at  the  time  of  the  injury  in  the  kind  of  employment 
in  which  he  was  then  working,  or  in  any  employment  similar  thereto. 

(b)  Board,  Lodging,  Fuel — Special  Expenses. — In  determining  such 
average  weekly  earnings,  there  shall  be  included  the  market  value  of 
board,  lodging,  fuel  and  other  advantages  received  by  the  injured  em- 
ployee, as  part  of  his  remuneration  and  which  can  be  estimated  in 
money,  but  such  average  weekly  earnings  shall  not  include  any  sum 
which  the  employer  paid  to  the  injured  employee  to  cover  any  special 
expenses  entailed  on  him  by  the  nature  of  his  employment. 

(c)  Injured  Employee  a  Minor. — If  the  injured  employee  is  a  minor, 
and  his  incapacity,  whether  total  or  partial,  is  permanent,  his  average 
w^eekly  earnings  shall  be  deemed,  within  the  limits  fixed,  to  be  the 
weekly  sum,  that  under  ordinary  circumstances  he  would  probably  be 
able  to  earn,  after  attaining  the  age  of  twenty-one  years,  in  the  occupa- 


INDUSTRIAL   ACCIDENTS.  429 

tion  in  which  he  was  employed  at  the  time  of  the  injury,  if  he  had  not 
been  injured. 

§  18.  Weekly  Loss  in  Wages. — The  weekly  loss  in  wages  referred  to 
in  section  15  hereof  shall  consist  of  the  difference  between  the  average 
w^eekly  earnings  of  the  injured  employee,  computed  according  to  the 
provisions  of  said  section,  and  the  weekly  amount  which  the  injured 
employee,  in  the  exercise  of  reasonable  diligence,  will  probably  be  able 
to  earn  during  the  disability,  to  be  determined  in  view  of  the  nature 
and  extent  of  the  injury.  In  computing  such  probable  earnings  due  re- 
gard shall  be  had  to  the  ability  of  the  injured  employee  to  compete  in 
an  open  labor  market. 

§  19.  (a)  Conclusively  Presumed  Dependent. — The  following  shall 
be  conclusively  presumed  to  be  wholly  dependent  for  support  upon  a 
deceased  employee: 

(1)  Wife. — A  wife  upon  a  husband  with  whom  she  was  living  at  the 
time  of  his  death. 

(2)  Husband. — A  husband  upon  a  wife  upon  whose  earnings  he  is 
partiall}^  or  wholly  dependent  at  the  time  of  her  death. 

(3)  Child. — A  child  or  children  under  the  age  of  eighteen  years  (or 
over  said  age,  but  physically  or  mentally  incapacitated  from  earning), 
upon  the  parent  with  whom  he  or  they  are  living  at  the  time  of  the 
death  of  such  parent  or  for  whose  maintenance  such  parent  was  legally 
liable  at  the  time  of  his  death,  there  being  no  surviving  dependent 
parent. 

(b)  Other  Cases. — In  all  other  cases,  questions  of  entire  or  partial 
dependency  and  questions  as  to  who  constitute  dependents  and  the 
extent  of  their  dependency  shall  be  determined  in  accordance  with  the 
fact,  as  the  fact  may  be  at  the  time  of  the  death  of  the  employee. 

(c)  Relation. — No  person  shall  be  considered  a  dependent  of  any  de- 
ceased employee  unless  a  member  of  the  family  of  such  employee  or 
unless  such  person  bears  to  such  employee  the  relation  of  husband  or 
wife,  child,  adopted  child  or  stepchild,  father  or  mother,  father  in  law  or 
mother  in  law,  grandfather  or  grandmother,  brother  or  sister,  nephew 
or  niece. 

(d)  1.  Persons  Wholly  Dependent  Receive  Entire  Death  Benefit. — 
If  there  is  one  or  more  persons  wholly  dependent  for  support  upon  a 
deceased  employee,  such  person  or  persons  shall  receive  the  entire 
death  benefit,  and  any  person  or  persons  partially  dependent  shall  re- 
ceive no  part  thereof,  unless  otherwise  ordered  by  the  commission. 

2.  Death  Benefit  Divided  Among  Those  Wholly  Dependent. — If 
there  is  more  than  one  such  person  wholly  dependent  for  support  upon 
a  deceased  employee,  the  death  benefit  shall  be  divided  equally  among 
them,  unless  otherwise  ordered  by  the  commission. 

3.  Death  Benefit  Divided  Among  Persons  Partially  Depend- 
ent.— If  there  is  more  than  one  person  partially  dependent  for  support 


430  hillyer's  legal  manual. 

upon  a  deceased  employee,  and  no  person  wholly  dependent  for  support, 
the  amount  allowed  as  the  death  benefit  shall  be  divided  among  the 
persons  so  partially  dependent  in  proportion  to  the  relative  extent  of 
their  dependency,  unless  otherwise  ordered  by  the  commission. 

(e)  Trustee. — The  death  benefit  shall  be  paid  to  such  one  or  more  of 
the  dependents  of  the  deceased,  or  to  a  trustee  appointed  by  the  com- 
mission, or  a  commissioner,  for  the  benefit  of  the  person  or  persons 
entitled,  as  may  be  determined  by  the  commission,  and  the  commission 
may,  anything  in  this  act  contained  to  the  contrary  notwithstanding, 
apportion  such  benefits  among  the  dependents  in  proportion  to  their 
respective  needs  and  as  may  be  just  and  equitable,  and  may  order  pay- 
ment to  a  dependent  subsequent  in  right,  or  not  otherwise  entitled,  upon 
good  cause  being  shown  therefor.  The  person  to  whom  the  death  ben- 
efit is  paid  for  the  use  of  the  several  beneficiaries  shall  apply  the  same 
in  compliance  with  the  findings  and  directions  of  the  commission. 

§  20.  Notice  in  Writing  of  Accident. — No  claim  to  recover  com- 
pensation under  this  act  shall  be  maintained  unless  within  thirty 
days  after  the  occurrence  of  the  accident  which  is  claimed  to  have 
caused  the  injury  or  death,  notice  in  writing,  stating  the  name  and  the 
address  of  the  person  injured,  the  time  and  the  place  where  the  accident 
occurred,  and  the  nature  of  the  injury,  and  signed  by  the  person  injured 
or  someone  in  his  behalf,  or  in  case  of  his  death,  by  a  dependent  or 
someone  in  his  behalf  shall  be  served  upon  the  employer;  provided 
however,  that  actual  knowledge  of  such  accident  and  injury  on  the 
part  of  such  employer,  or  his  managing  agent  or  superintendent  in 
charge  of  the  work,  upon  which  the  injured  employee  was  engaged  at 
the  time  of  the  injury,  shall  be  equivalent  to  such  service;  and  pro- 
vided, further,  that  the  failure  to  give  any  such  notice,  or  any  defect 
or  inaccuracy  therein,  shall  not  be  a  bar  to  recovery  under  this  act  if 
it  is  found  as  a  fact  in  the  proceedings  for  the  collection  of  the  claim 
that  there  was  no  intention  to  mislead  or  prejudice  the  employer,  and 
that  he  was  not  in  fact  misled  or  prejudiced  thereby. 

§  21.  (a)  Examination  by  Physician. — Whenever  in  case  of  injury 
the  right  to  compensation  under  this  act  would  exist  in  favor  of  any 
employee,  he  shall,  upon  the  written  request  of  his  employer,  submit 
from  time  to  time  to  examination  by  a  practicing  physician,  who  shall 
be  provided  and  paid  for  by  the  employer,  and  shall  likewise  submit  to 
examination  from  time  to  time  by  any  physician  selected  by  the  com- 
mission or  any  member  or  referee  thereof. 

(b)  Order  for  Examination. — The  request  or  order  for  such  examina- 
tion shall  fix  a  time  and  place  therefor,  due  regard  being  had  to  the 
convenience  of  the  employee  and  his  physical  condition  and  ability  to 
attend  at  the  time  and  place  fixed.  The  employee  shall  be  entitled  to 
have  a  physician  provided  and  paid  for  by  himself  present  at  any  such 
examination.  So  long  as  the  employee,  after  such  written  request  of 
the  employer,  shall  fail  or  refuse  to  submit  to  such  examination  or  shall 


INDUSTRIAL   ACCIDENTS.  431 

in  any  way  obstruct  the  same,  his  right  to  begin  or  maintain  any  pro- 
ceeding for  the  collection  of  compensation  shall  be  suspended,  and  if 
he  shall  fail  or  refuse  to  submit  to  such  examination  after  direction  by 
the  commission,  or  any  member  or  referee  thereof,  or  shall  in  any  way 
obstruct  the  same,  his  right  to  the  weekly  indemnity  which  shall  accrue 
and  become  payable  during  the  period  of  such  failure,  refusal  or 
obstruction,  shall  be  barred.  Any  physician  who  shall  make  or  be  pres- 
ent at  any  such  examination  may  be  required  to  testify  as  to  the  re- 
sults thereof. 

§  22.  Time  ajid  Place  of  Hearing. — Upon  filing  with  the  commission 
by  any  party  in  interest  of  an  application  in  writing  stating  the  gen- 
eral nature  of  any  dispute  or  controversy  concerning  compensation,  or 
concerning  any  right  or  liability  arising  out  of,  or  incident  thereto, 
jurisdiction  over  which  is  vested  by  this  act  in  the  commission,  a  time 
and  place  shall  be  fixed  for  the  hearing  thereof,  which  shall  be  not 
less  than  ten  days  nor  more  than  forty  days  after  the  filing  of  such 
application.  The  person  filing  such  application  shall  be  known  as  the 
applicant  and  the  adverse  party  shall  be  known  as  the  defendant.  A 
copy  of  said  application,  together  with  a  notice  of  the  time  and  place 
of  hearing  thereof,  shall  forthwith  be  served  upon  all  adverse  parties 
and  may  be  served  either  as  a  summons  in  a  civil  action  or  in  the  same 
manner  as  any  other  notice  that  is  authorized  or  required  to  be  served 
under  the  provisions  of  this  act.  A  notice  of  the  time  and  place  of 
hearing  shall  also  be  served  upon  the  applicant. 

§  23.  Answer. — If  any  defendant  desires  to  disclaim  any  interest  in 
the  subject  matter  of  the  claim  in  controversy,  or  considers  that  the 
application  is  in  any  respect  inaccurate  or  incomplete,  or  desires  to 
bring  any  fact,  paper  or  document  to  the  attention  of  the  commission 
as  a  defense  to  the  claim,  or  otherwise,  he  must  within  five  days  after 
the  service  of  the  application  upon  him,  file  with  or  mail  to  the  com- 
mission his  answer  setting  forth  the  particulars  in  which  the  application 
is  inaccurate  or  incomplete,  and  the  facts  upon  which  he  intends  to  rely. 
A  copy  of  such  answer  must  be  forthwith  served  upon  all  adverse 
parties. 

§  24.  (a)  Pleadings — Hearing. — No  pleadings,  other  than  the  appli- 
cation and  answer  shall  be  required.  The  hearing  on  the  application 
may  be  adjourned  from  time  to  time  and  from  place  to  place  in  the 
discretion  of  the  commission.  Either  party  shall  have  the  right  to  be 
present  at  any  hearing,  in  person  or  by  attorney  or  by  any  other  agent, 
and  to  present  such  testimony  as  shall  be  pertinent  under  the  plead- 
ings, but  the  commission  may,  with  or  without  notice  to  either  party, 
cause  testimony  to  be  taken,  or  inspection  of  the  premises  where  the 
injury  occurred  to  be  made,  or  the  time-books  and  pay-roll  of  the  em- 
ployer to  Ve  examined  by  any  commissioner  or  any  referee  appointed 
by  the  commission,  and  may  from  time  to  time  direct  any  employee 
claiming  compensation  to  be  examined  by  a  regular  physician ;  the  tes- 


432  hillyer's  legal  manual. 

timony  so  taken  and  the  results  of  any  such  inspection  or  examination 
to  be  reported  to  the  commission  for  its  consideration. 

(b)  Stipulation. — The  parties  to  a  controversy  may  stipulate  the 
facts  relative  thereto  in  writing  and  file  such  stipulation  with  the  com- 
mission. The  commission  may  thereupon  make  its  findings  and  award 
based  upon  such  stipulation,  or  may  in  its  discretion,  set  the  matter 
down  for  hearing  and  take  such  further  testimony  or  make  such  fur- 
ther investigations  as  may  be  necessary  to  enable  it  to  completely  de- 
termine the  matter  in  controversy. 

§  25.  (a)  Findings  and  Award. — After  final  hearing  by  the  com- 
mission, it  shall,  w^ithin  thirty  days,  make  and  file  (1)  its  findings  upon 
all  facts  involved  in  the  controversy  and  (2)  its  award  which  shall  state 
its  determination  as  to  the  rights  of  the  parties. 

(b)  Award. — The  commission  in  its  award  may  fix  and  determine 
the  total  amount  of  compensation  to  be  paid  and  specify  the  manner 
of  payment,  or  may  fix  and  determine  the  weekly  disability  indemnity 
to  be  paid  and  order  payment  thereof  during  the  continuance  of  such 
disabilit3^ 

(c)  Nominal  Indemnity. — If,  in  any  proceeding  under  sections  12  to 
35,  inclusive,  of  this  act,  it  is  proved  that  an  accident  has  happened  for 
which  the  employer  would  be  liable  to  pay  compensation  if  disability 
had  resulted  therefrom,  but  it  is  not  proved  that  any  incapacity  had 
resulted,  the  commission  may,  instead  of  dismissing  the  application, 
award  a  nominal  disability  indemnity,  if  it  appears  that  disability  is 
likely  to  result  at  a  future  time. 

(d)  Order,  Decision  or  Award  Rescinding,  Altering  or  Amending 
Prior  Order,  Decision  or  Award. — The  commission  shall  have  continu- 
ing jurisdiction  over  ail  its  orders,  decisions  and  awards  made  and  en- 
tered under  the  provisions  of  sections  12  to  35,  inclusive,  of  this  act 
and  may  at  any  time,  upon  notice,  and  after  opportunity  to  be  heard 
is  given  to  the  parties  in  interest,  rescind,  alter  or  amend  any  such 
order,  decision  or  award  made  by  it  upon  good  cause  appearing  there- 
for; provided,  that  no  award  of  compensation  shall  be  rescinded, 
altered  or  amended  after  two  hundred  forty-five  weeks  from  the  date 
of  the  accident.  Any  order,  decision  or  award  rescinding,  altering  or 
amending  a  prior  order,  decision  or  award  shall  have  the  same  effect 
as  is  herein  provided  for  original  orders,  decisions  or  awards. 

§  26.  (a)  Judgment. — Any  party  affected  thereby  may  file  a  certi- 
fied copy  of  the  findings  and  award  of  the  commission  with  the  clerk 
of  the  superior  court  for  any  county,  or  city  and  county,  and  judgment 
must  be  entered  by  the  clerk  in  conformity  therewith  immediately 
upon  the  filing  of  such  findings  and  award. 

(b)  Judgment-roll. — The  certified  copy  of  the  findings  and  aw^ard  of 
the  commission  and  a  copy  of  the  judgment  shall  constitute  the  judg- 
ment-roll.    The  pleadings,  all  orders  of  the  commission,  its  original 


INDUSTRIAL    ACCIDENTS.  433 

findino^s  and  award,  and  all  other  papers  or  documents  filed  in  the 
cause  shall  remain  on  file  in  the  office  of  the  commission. 

(c)  Stay  af  Execution. — The  commission,  or  any  member  thereof, 
may  stay  the  execution  of  any  judgment  entered  upon  an  award  of  the 
commission,  upon  good  cause  appearing  therefor  and  upon  such  terms 
and  conditions  as  may  be.  imposed.  A  certified  copy  of  such  order 
shall  be  filed  with  the  clerk  entering  such  judgment. 

(d)  Satisfaction  of  Judgment. — Satisfaction  of  a  judgment  entered 
upon  the  award  of  the  commission  may  be  entered  in  the  manner  pro- 
vided by  law  fo-r  the  satisfaction  of  judgment.  When  a  judgment  is 
satisfied  in  fact,  otherwise  than  upon  an  execution,  the  commission 
may,  upon  motion  of  either  party  or  of  its  own  motion,  order  the  entry 
of  satisfaction  of  the  judgment  to  be  made,  and  upon  filing  a  certified 
copy  of  such  order  with  the  said  clerk,  he  shall  thereupon  enter  such 
satisfaction. 

§  27.  Review. — The  order,  findings,  decisions  or  awards  of  the 
commission  made  and  entered  under  sections  12  to  35,  inclusive,  of  this 
act  may  be  reviewed  by  the  courts  specified  in  sections  84  and  85  hereof 
and  within  the  time  and  in  the  manner  therein  specified  and  not 
otherwise. 

§  28.  Fees — Costs — Interest. — ^No  fees  shall  be  charged  by  the 
clerk  of  any  court  for  the  performance  of  any  official  service  required 
by  this  act,  except  for  the  docketing  of  awards  as  judgments  and  for 
certified  copies  of  transcripts  thereof.  In  all  proceedings  under  this 
act  before  the  commission,  costs  as  between  the  parties  shall  be  allowed 
or  not  in  the  discretion  of  the  commission,  and  the  commission  may  in 
its  discretion,  where  payments  of  compensation  have  been  unreason- 
ably delayed,  allow  the  beneficiary  thereof  interest  thereon,  at  not  to 
exceed  one  and  one-half  per  cent  per  month,  during  such  period  of 
delay. 

§  29.  (a)  Assignments. — No  claim  for  compensation  shall  be  assign- 
able before  payment,  but  this  provision  shall  not  affect  the  survival 
thereof,  nor  shall  any  claim  for  compensation,  or  compensation  awarded, 
adjudged  or  paid,  be  subject  to  be  taken  for  the  debts  of  the  party 
entitled  to  such  compensation,  except  as  hereinafter  provided. 

(b)  Lien. — The  commission  may  fix  and  determine  and  allow  as  a 
lien  against  any  amount  to  be  paid  as  compensation: 

(1)  Attorney's  Fee. — A  reasonable  attorney's  fee  for  legal  services 
pertaining  to  any  claim  for  compensation  or  application  filed  therefor 
and  the  reasonable  disbursements  in  connection  therewith. 

(2)  Expenses. — The  reasonable  expenses  incurred  b}^  or  on  behalf  of 
the  injured  employee  and  for  which  the  employer  is  liable  under  the 
provisions  of  subsection  (a)  of  section  15  hereof, 

(3)  Burial  Expenses. — The  reasonable  burial  expenses  of  the  de- 
ceased employee,  not  to  exceed  the  sum  of  one  hundred  dollars. 

28 


434 

(c)  Notice  to  Employer  of  Lien. — If  notice  in  writing  be  given  to 
the  employer  setting  forth  the  nature  and  extent  of  any  claim,  that  may 
be  allowed  as  a  lien,  the  said  claim  shall  be  a  lien  against  any  amount 
thereafter  to  be  paid  as  compensation,  subject  to  the  determination  of 
the  amount  and  approval  thereof  by  the  commission.  The  commission 
may,  in  its  discretion,  order  the  amount  of  such  claim  as  fixed  and 
allowed  by  it  paid  directly  to  the  person  entitled,  either  in  a  lump  sum 
or  in  installments. 

(d)  Reasonable  Amount. — No  claim  or  agreement  for  the  legal  ser- 
vices or  disbursements  mentioned  in  paragraph  (1)  of  subsection  (b) 
hereof,  or  for  the  expense  mentioned  in  paragraph  (2)  of  said  subsec- 
tion (b),  in  excess  of  a  reasonable  amount,  shall  be  valid  or  binding  in 
any  respect. 

(e)  Preference. — A  claim  for  compensation  for  the  injury  or  death  of 
any  employee,  or  any  award  or  judgment  entered  thereon,  shall  have 
the  same  preference  over  the  other  unsecured  debts  of  the  employer  as 
is  given  by  law  to  claims  for  wages.  Such  preference  shall  be  for  the 
entire  amount  of  compensation  to  be  paid,  but  this  section  shall  not 
impair  the  lien  of  any  previous  award. 

§  30.  Liability  of  Principals  and  Contractors — Other  Than  Immedi- 
ate Employer. — The  liability  of  principals  and  contractors  for  compen- 
sation under  this  act,  when  other  than  the  immediate  employer  of  the 
injured  employee,  shall  be  as  follows: 

(a)  Principal,  General  Contractor  and  Intermediate  Contractor 
Liable. — The  principal,  any  general  contractor  and  each  intermediate 
contractor  who  undertakes  to  do,  or  contracts  with  another  to  do,  or 
to  have  done,  any  work,  shall  be  liable  to  pay  to  any  employee  in- 
jured while  engaged  in  the  execution  of  such  work,  or  to  his  depend- 
ents in  the  event  of  his  death,  any  compensation  which  the  immediate 
employer  is  liable  to  pay. 

(b)  Separate  Application. — The  person  entitled  to  such  compensa- 
tion shall  have  the  right  to  recover  the  same  directly  from  his  immedi- 
ate employer,  and  in  addition  thereto  the  right  to  enforce  in  his  own 
name,  in  the  manner  provided  by  this  act,  the  liability  for  compensa- 
tion imposed  upon  other  persons  by  this  section,  either  by  making  such 
other  persons  parties  to  the  original  application  or  by  filing  a  separate 
application;  provided,  however,  that  payment  in  whole  or  in  part  of 
such  compensation  by  either  the  immediate  employer  or  other  person 
shall,  to  the  extent  of  such  payment,  be  a  bar  to  recovery  against  the 
other  by  any  person  entitled  to  such  compensation. 

(c)  Subrogation. — When  any  person,  other  than  the  immediate  em- 
ployer, shall  have  paid  any  compensation  for  which  he  would  not  have 
been  liable  independently  of  this  section,  he  shall,  unless  he  caused 
the  injury,  be  entitled  to  recover  the  full  amount  so  paid  from  the 
person  primarily  liable  therefor. 


INDUSTRIAL   ACCIDENTS.  435 

(d)  Limitations. — The  liability  imposed  by  this  section  upon  such 
principal,  general  contractor  and  intermediate  contractor  shall  be 
subject  to  the  following  limitations: 

(1)  Injury  on  Premises. — Such  liability  shall  exist  only  in  cases  where 
the  injury  occurred  on  or  in  or  about  the  premises  on  which  the  princi- 
pal, general  contractor  or  intermediate  contractor  has  undertaken  to  exe- 
cute any  w^ork,  or  when  such  premises  or  work  are  otherwise  under 
his  control  or  management. 

(2)  Compensation  Insurance. — Such  liability  shall  not  exist  in  the 
event  that  the  immediate  employer,  or  other  person  primarily  liable  for 
the  compensation  shall,  previous  to  the  happening  of  such  accident, 
have  taken  out,  and  maintained  in  full  force  and  effect,  compensation 
insurance  with  any  insurance  carrier,  covering  his  full  liability  for 
compensation  to  the  injured  person  or  his  dependents. 

(3)  Stay  of  Execution. — The  commission  may,  in  its  discretion, 
order  that  execution  against  the  principal,  general  contractor  and  any 
intermediate  contractor,  be  stayed  until  execution  against  the  imme- 
diate employer  shall  be  returned  unsatisfied. 

§  31.  Subrogation  of  Employer  to  Rights  of  Employee. — The  mak- 
ing of  a  lawful  claim  against  an  employer  for  compensation  under  this 
act  for  the  injury  or  death  of  his  employee  shall  operate  as  an  assign- 
ment to  the  employer  of  any  right  to  recover  damages  which  the 
injured  employee,  or  his  personal  representative,  or  other  person,  may 
have  against  any  other  party  for  such  injury  or  death,  and  such  em- 
ployer shall  be  subrogated  to  any  such  right  and  may  enforce  in  his 
own  name  the  legal  liability  of  such  other  party.  The  amount  of 
compensation  paid  by  the  employer,  or  the  amount  of  compensation 
to  which  the  injured  employee  or  his  dependents  is  entitled,  shall  not 
be  admissible  in  evidence  in  any  action  brought  to  recover  damages, 
but  any  amount  collected  by  the  employer,  under  the  provisions  of 
this  section,  in  excess  of  the  amount  paid  by  the  employer,  or  for 
which  he  is  liable,  shall  be  held  by  him  for  the  benefit  of  the  injured 
employee  or  other  person  entitled. 

§  32.  (a)  Contract  Exempting  Employer. — No  contract,  rule  or 
regulation  shall  exempt  the  employer  from  liability  for  the  compen- 
sation fixed  by  this  act,  but  nothing  in  this  act  contained  shall  be 
construed  as  impairing  the  right  of  the  parties  interested  to  settle, 
subject  to  the  provisions  herein  contained,  any  liability  which  may  be 
claimed  to  exist  under  this  act  on  account  of  such  injury  or  death, 
or  as  conferring  upon  the  dependents  of  any  injured  employee  any 
interest  which  such  employee  may  not  divert  by  such  settlement  or  for 
which  he,  or  his  estate,  shall,  in  the  event  of  such  settlement  by  him, 
be  accountable  to  such  dependents  or  any  of  them. 

(b)  Settlement  Agreement. — The  compensation  herein  provided  shall 
be  the  measure  of  the  responsibility  which  the  employer  has  assumed 
for  injuries  or  death  that  may  occur  to  employees  in  his  employment 


436  hillyer's  legal  manual. 

when  subject  to  the  provisions  of  this  act,  and  no  release  of  liability 
or  settlement  agreement  shall  be  valid  unless  it  provides  for  the  pay- 
ment of  full  compensation  in  accordance  with  the  provisions  of  this 
act  or  until  and  unless  it  shall  be  approved  by  the  commission. 

(c)  Award  Based  upon  Settlement  Agreement. — A  copy  of  any  such 
release  or  settlement  agreement  signed  by  both  parties  shall  forthwith 
be  filed  with  the  commission.  When  such  release  or  settlement  agree- 
ment is  filed  with  the  commission  and  approved  by  it,  the  commission 
may  of  its  own  motion,  or  on  the  application  of  either  party,  without 
notice,  enter  its  award  based  upon  such  release  or  settlement  agree- 
ment. 

(d)  Contents  of  Settlement  Agreement. — Every  such  release  or  set- 
tlement agreement  shall  be  in  writing,  duly  executed  and  attested  by 
two  disinterested  witnesses,  and  shall  specify  the  date  of  the  accident, 
the  average  weekly  wages  of  the  employee,  determined  according  to 
section  seventeen  hereof,  the  nature  of  the  disability,  whether  total  or 
partial,  permanent  or  temporary,  the  amount  paid  or  due  and  unpaid 
to  the  employee  up  to  the  date  of  the  release  or  agreement  or  death, 
as  the  case  may  be,  and,  if  any,  the  amount  of  the  payment  or  benefits 
then  or  thereafter  to  be  made,  and  the  length  of  time  that  such  pay- 
ment is  to  continue.  In  case  of  death  there  shall  also  be  stated  in 
such  release  or  settlement  agreement  the  date  of  death,  the  name  of 
the  widow,  if  any,  the  name  and  ages  of  all  children,  if  any,  and  the 
names  of  all  other  dependents,  if  any,  and  whether  such  dependents  be 
total  or  partial,  and  the  amount  paid  or  to  be  paid  as  a  death  benefit 
and  to  whom  such  payment  is  to  be  made. 

§  33.  (a)  Commutation. — At  the  time  of  making  its  award  or  at 
any  time  thereafter  the  commission  on  its  own  motion,  either  with  or 
without  notice,  or  upon  application  of  either  party  with  due  notice 
to  the  other,  may  in  its  discretion,  commute  the  compensation  payable 
under  this  act  to  a  lump  sum,  if  it  appears  that  such  commutation  is 
necessary  for  the  protection  of  the  person  entitled  thereto,  or  for  the 
best  interest  of  either  party,  or  that  it  will  avoid  undue  expense  or 
hardship  to  either  party,  or  that  the  employer  has  sold  or  otherwise 
disposed  of  the  greater  part  of  his  assets,  or  is  about  to  do  so,  or  that 
the  emploj^er  is  not  a  resident  of  this  state,  and  the  commission  may 
order  such  compensation  paid  forthwith  or  at  some  future  time. 

(b)  Amount  of  Commuted  Payment. — The  amount  of  the  commuted 
payment  shall  be  determined  in  accordance  with  the  following  provi- 
sions : 

(1)  Temporary  Disability. — If  the  accident  causes  temporary  disa- 
bility, the  commission  shall  estimate  the  probable  duration  thereof 
and  the  probable  amount  of  the  temporary  disability  indemnity  pay- 
able therefor  in  accordance  with  the  provisions  of  section  15  hereof 
and  shall  fix  the  lump  sum  payable  at  such  amount  so  determined. 


INDUSTRIAL    ACCIDENTS.  437 

(2)  Permanent  Disability  or  Death. — If  the  accident  causes  perma- 
nent disability  or  death,  the  commission  shall  fix  the  total  amount  of 
the  permanent  disability  indemnity  or  death  benefit  payable  therefor 
in  accordance  with  the  provisions  of  said  section  15  and  shall  estimate 
the  present  value  thereof,  assuming  interest  at  the  rate  of  six  per  cent 
per  annum,  disregarding  the  probability  of  the  beneficiary's  death  in 
all  cases  except  where  the  percentage  of  permanent  disability  is  such 
as  to  entitle  the  beneficiary  to  a  life  pension,  and  then  taking  into 
consideration  the  probability  of  the  beneficiary's  death  only  in  esti- 
mating the  present  value  of  such  life  pension. 

(c)  Lump  Sum  Deposit — Pajnnents  by  Trustee. — The  commission  in 
its  discretion  may  order  the  lump  sum  payment,  determined  as  herein- 
before provided,  paid  directly  to  the  injured  employee  or  to  his  de- 
pendents, or  deposited  with  any  savings  bank  or  trust  company  author- 
ized to  transact  business  in  this  State,  that  will  agree  to  accept  the  same 
as  a  deposit  bearing  interest  at  not  less  than  four  per  cent,  per  annum, 
or  the  commission  may  order  the  same  deposited  with  the  state  com- 
pensation insurance  fund.  Any  such  amount  so  deposited,  together 
wdth  all  interest  thereon,  shall  thereafter  be  held  in  trust  for  the 
injured  employee,  or  in  the  event  of  his  death,  for  his  dependents,  who 
shall  have  no  further  recourse  against  the  employer.  Payments  from 
said  fund,  when  so  deposited,  shall  be  made  by  the  trustee  only  in  the 
same  amounts  and  at  the  same  times  as  fixed  by  the  order  of  the 
commission  and  until  said  fund  and  interest  thereon  shall  be  exhausted. 
In  the  appointment  of  the  trustee  preference  shall  be  given,  in  the 
discretion  of  the  commission,  to  the  choice  of  the  injured  employee  or 
his  dependents.  Upon  the  making  of  such  payment,  the  employer  shall 
present  to  the  commission  a  proper  receipt  evidencing  the  same,  exe- 
cuted either  by  the  injured  employee  or  his  dependents,  or  by  the  trus- 
tee, and  the  commission  shall  thereupon  issue  its  certificate  in  proper 
form  evidencing  the  same,  and  such  certificate,  upon  filing  with  the 
clerk  of  the  superior  court  in  which  any  judgment  upon  an  award  may 
have  been  entered,  shall  operate  as  a  satisfaction  of  said  award  arid  shall 
fully  discharge  the  employer  from  any  further  liability  on  account 
thereof. 

§  34.  (a)  Insurance  not  Affected. — Nothing  in  this  act  shall  affect 
the  organization  of  any  mutual  or  other  insurance  company,  or  any 
existing  contract  for  insurance  or  the  right  of  the  employer  to  insure 
in  mutual  or  other  companies,  in  whole  or  in  part,  against  liability  for 
the  compensation  provided  for  by  this  act;  or,  to  provide  by  mutual 
or  other  insurance,  or  by  arrangement  with  his  employees,  or  other- 
wise, for  the  payment  to  such  employees,  their  families,  dependents  or 
representatives,  of  sick,  accident  or  death  benefits,  in  addition  to  the 
compensation  provided  for  by  this  act. 

(b)  Liability  not  Reduced  by  Insurance. — Liability  for  compensation 
shall  not  be  reduced  or  affected  by  any  insurance,  contribution,  or 
other  benefit  whatsoever  due  to  or  received  by  the  person  entitled  to 


438  HILLYER'S  LEGAL   MANUAL. 

such  compensation,  except  as  otherwise  provided  by  this  act,  and  the 
person  so  entitled  shall,  irrespective  of  any  insurance  or  other  contract, 
except  as  otherwise  provided  in  this  act,  have  the  right  to  recover 
such  compensation  directly  from  the  employer,  and  in  addition  thereto, 
the  right  to  enforce  in  his  own  name,  in  the  manner  provided  in  this 
act,  either  by  making  the  insurance  carrier  a  party  to  the  original 
application  or  by  filing  a  separate  application,  the  liability  of  any  in- 
surance carrier,  which  may,  in  whole  or  in  part,  have  insured  against 
liability  for  such  compensation;  provided,  further,  that  payment  in 
whole  or  in  pari  of  such  compensation  by  either  the  employer  or  the 
insurance  company  shall,  to  the  extent  thereof,  be  a  bar  to  recovery 
against  the  other  of  the  amount  so  paid ;  and  provided,  further,  that  as 
between  the  employer  and  the  insurance  company,  payment  by  either 
directly  to  the  employee,  or  to  the  person  entitled  to  compensation,  shall 
be  subject  to  the  conditions  of  the  insurance  contract  between  them. 

(c)  Insurance  Policy. — Every  contract  insuring  against  liability  for 
compensation,  or  insurance  policy  evidencing  the  same,  must  contain  a 
clause  to  the  effect  that  the  insurance  carrier  shall  be  directly  and 
primarily  liable  to  the  employee  and,  in  the  event  of  his  death,  to  his 
dependents,  to  pay  the  compensation,  if  any,  for  which  the  employer 
is  liable ;  that,  as  between  the  employee  and  the  insurance  carrier,  the 
notice  to  or  knowledge  of  the  occurrence  of  the  injury  on  the  part  of 
the  employer  shall  be  deemed  notice  or  knowledge,  as  the  case  may  be, 
on  the  part  of  the  insurance  carrier ;  that  jurisdiction  of  the  employer 
shall,  for  the  purpose  of  this  act,  be  jurisdiction  of  the  insurance  car- 
rier and  that  the  insurance  carrier  shall  in  all  things  be  bound  by  and 
subject  to  the  orders,  findings,  decisions  or  awards  rendered  against 
the  employer  under  the  provisions  of  this  act. 

(d)  Lien  of  Employee. — Such  policy  must  also  provide  that  the  em- 
ployee shall  have  a  first  lien  upon  any  amount  which  shall  become 
ow4ng  on  account  of  such  policy  to  the  employer  from  the  insurance 
carrier  and  that  in  case  of  the  legal  incapacity  or  inability  of  the 
employer  to  receive  the  said  amount  and  pay  it  over  to  the  employee 
or  his  dependents,  the  said  insurance  carrier  may  and  shall  pay  the 
same  directly  to  the  said  employee  or  his  dependents,  thereby  discharg- 
ing to  the  extent  of  such  payment  the  obligations  of  the  employer  to 
the  employee,  and  such  policy  shall  not  contain  any  provisions  relieving 
the  insurance  carrier  from  payment  when  the  employer  becomes  in- 
solvent or  is  discharged  in  bankruptcy,  or  otherwise,  during  the  period 
that  the  policy  is  in  operation  or  the  compensation  remains  owing. 

(e)  1.  Assumption  of  Liability  by  Insurance  Carrier  and  Substitu- 
tion.— If  the  employer  shall  be  insured  against  liability  for  compensa- 
tion with  any  insurance  carrier,  and  if  after  the  happening  of  any 
accident  such  insurance  carrier  shall  serve  or  cause  to  be  served  upon 
any  person  claiming  compensation  against  such  employer  a  notice  that 
it  has  assumed  and  agreed  to  pay  the  compensation,  if  any,  for  which 
the  employer  is  liable,  and  shall  file  a  copy  of  such  notice  with  the 


INDUSTRIAL   ACCIDENTS.  439 

commission,  such  employer  shall  thereupon  be  relieved  from  liability 
for  compensation  to  such  claimant  and  the  insurance  carrier  shall, 
without  notice,  be  substituted  in  place  of  the  employer  in  any  proceed- 
ing theretofore  or  thereafter  instituted  by  such  person  to  recover  such 
compensation,  and  the  employer  shall  be  dismissed  therefrom.  Such 
proceeding  shall  not  abate  on  account  of  such  substitution  but  shall  be 
continued  against  such  insurance  carrier. 

2.  Notice  by  Employer  of  Liability  of  Insurance  Carrier. — If  at  the 
time  of  the  happening  of  an  accident  for  which  compensation  is 
claimed,  or  may  be  claimed,  the  employer  shall  be  insured  against  lia- 
bility for  the  full  amount  of  compensation  payable,  or  that  may  become 
payable,  the  employer  may  serve  or  cause  to  be  served  upon  any  person 
claiming  compensation  on  account  of  the  happening  of  such  accident 
and  upon  the  insurance  carrier  a  notice  that  the  insurance  carrier  has, 
in  its  policy  contract  or  otherwise,  assumed  and  agreed  to  pay  the 
compensation,  if  any,  for  which  the  employer  is  liable,  and  may  file 
a  copy  of  such  notice  with  the  commission.  If  it  shall  thereafter 
appear  to  the  satisfaction  of  the  commission  that  the  insurance  carrier 
has,  through  the  issuance  of  its  contract  of  insurance  or  otherwise, 
assumed  such  liability  for  compensation,  such  employer  shall  thereupon 
be  relieved  from  liability  for  compensation  to  such  claimant  and  the 
insurance  carrier  shall,  after  notice,  be  substituted  in  place  of  the 
employer  in  any  proceeding  theretofore  or  thereafter  instituted  by  such 
person  to  recover  such  compensation,  and  the  employer  shall  be  dis- 
missed therefrom.  Such  proceeding  shall  not  abate  on  account  of  such 
substitution,  but  shall  be  continued  against  such  insurance  carrier. 

(f)  Subrogation  of  Insurance  Carrier. — Where  any  employer  is  in- 
sured against  liability  for  compensation  with  any  insurance  carrier  and 
such  insurance  carrier  shall  have  paid  any  compensation  for  which  the 
employer  was  liable,  or  shall  have  assumed  the  liability  of  the  em- 
ployer therefor,  it  shall  be  subrogated  to  all  the  rights  and  duties  of 
the  employer  and  may  enforce  any  such  rights  in  its  own  name. 

§  35.  (a)  Limited  Compensation  Policy. — If  any  insurance  policy 
shall  be  issued  covering  liability  for  compensation,  which  policy  shall 
contain  any  limitation  as  to  the  compensation  payable,  such  limitation 
shall  be  printed  in  the  body  of  such  policy  in  bold-face  type  and  in 
addition  thereto  the  words  ''limited  compensation  policy"  shall  be 
printed  on  the  top  of  the  policy  in  bold-faced  type  not  less  than 
eighteen  point  in  size. 

(b)  Optional  Provisions. — No  insurance  carrier  shall  insure  against 
the  liability  of  the  employer  for  damages  recoverable  at  law  by  the 
injured  employee  under  the  optional  provisions  contained  in  section 
12  hereof,  and  any  insurance  carrier  liable  to  any  such  injured  em- 
ployee for  compensation  upon  the  payment  of  the  same  shall  have  the 
same  option  given  by  said  section  12  to  such  employee  and  shall  be 
fully  subrogated  to  his  rights,  and  may  enforce  such  liability  for  dam- 


440  hillyer's  legal  manual. 

ages  against  the  employer  in  its  own  name,  anything  in  the  insurance 
contract  to  the  contrary  notwithstanding. 

§  36.  State  Compensation  Insurance  Fund. — There  is  hereby  created 
and  established  a  fund  to  be  known  as  the  "state  compensation  insur- 
ance fund,"  to  be  administered  by  the  industrial  accident  commission 
of  the  State,  without  liability  on  the  part  of  the  State  beyond  the 
amount  of  said  fund,  for  the  purpose  of  insuring  employers  against 
liability  for  compensation  under  this  act  and  insuring  to  employees  and 
other  persons  the  compensation  fixed  by  this  act  for  employees  and 
their  dependents. 

§  37.  (a)  How  Constituted. — The  State  compensation  insurance 
fund  shall  be  a  revolving  fund  and  shall  consist  of  such  specific  appro- 
priations as  the  legislature  may  from  time  to  time  make  or  set  aside 
for  the  use  of  such  fund,  all  premiums  received  and  paid  into  the  said 
fund  for  compensation  insurance  issued,  all  property  and  securities 
acquired  by  and  through  the  use  of  moneys  belonging  to  said  fund 
and  all  interest  earned  upon  moneys  belonging  to  said  fund  and  depos-' 
ited  or  invested,  as  herein  provided. 

(b)  How  Applicable. — Said  fund  shall  be  applicable  to  the  payment 
of  losses  sustained  on  account  of  insurance  and  to  the  payment  of  the 
salaries  and  other  expenses  to  be  charged  against  said  fund  in  accord- 
ance with  the  provisions  contained  in  this  act. 

(c)  Intent  of  Legislature. — Said  fund  shall,  after  a  reasonable  time 
during  which  it  may  establish  a  business,  be  fairly  competitive  with 
other  insurance  carriers,  and  it  is  the  intent  of  the  legislature  that  said 
fund  shall  ultimately  become  neither  more  nor  less  than  self-supporting. 

§  38.  (a)  Jurisdiction  Over  Fund. — The  commission  is  hereby 
vested  with  full  powder,  authority  and  jurisdiction  over  the  State  com- 
pensation insurance  fund  and  may  do  and  perform  any  and  all  things 
whether  herein  specifically  designated,  or  in  addition  thereto,  which 
are  necessary  or  convenient  in  the  exercise  of  any  power,  authority  or 
jurisdiction  over  said  fund  in  the  administration  thereof,  or  in  con- 
nection with  the  insurance  business  to  be  carried  on  by  it  under  the 
provisions  of  this  act,  as  fully  and  completely  as  the  governing  body 
of  a  private  insurance  carrier  might  or  could  do. 

(b)  Powers  of  Commission  in  Connection  With  Fund. — The  commis- 
sion shall  have  full  power  and  authority,  and  it  shall  be  its  duty,  to 
fix  and  determine  the  rates  to  be  charged  by  the  State  compensation 
insurance  fund  for  compensation  insurance,  and  to  manage  and  con- 
duct all  business  and  affairs  in  relation  thereto,  all  of  which  business 
and  affairs  shall  be  conducted  in  the  name  of  the  State  compensation 
insurance  fund,  and  in  that  name,  without  any  other  name  or  title,  the 
commission  may : 

(1)  Suits. — Sue  and  be  sued  in  all  the  courts  of  the  state  in  all  actions 
arising  out  of  any  act,  deed,  matter  or  thing  made,  omitted,  entered 
into,  done,  or  suffered  in  connection  with  the  State  compensation  insur- 


INDUSTRIAL   ACCIDENTS.  441 

ance  fund,  the  administration,  management  or  conduct  of  the  business 
or  affairs  relating  thereto. 

(2)  Contracts. — Make  and  enter  into  contracts  of  insurance  as  herein 
provided,  and  such  other  contracts  or  obligations  relating  to  the  State 
compensation  insurance  fund  as  are  authorized  or  permitted  under  the 
provisions  of  this  act. 

(3)  Investments. — Invest  and  reinvest  the  moneys  belonging  to  said 
fund  as  hereinafter  provided. 

(4)  Business  and  Affairs. — Conduct  all  business  and  affairs,  relating 
to  the  State  compensation  insurance  fund,  whether  herein  specifically 
designated  or  in  addition  thereto. 

(c)  Delegation  of  Powers. — The  commission  may  delegate  to  the 
manager  of  the  State  compensation  insurance  fund,  or  to  any  other 
officer,  under  such  rules  and  regulations  and  subject  to  such  conditions 
as  it  may  from  time  to  time  prescribe,  any  of  the  powers,  functions  or 
duties,  conferred  or  imposed  on  the  commission  under  the  provisions 
of  this  act  in  connection  with  the  State  compensation  insurance  fund, 
the  administration,  management  and  conduct  of  the  business  and  affairs 
relating  thereto,  and  the  officer  or  officers  to  whom  such  delegation  is 
made  may  exercise  the  powers  and  functions  and  perform  the  duties 
delegated  with  the  same  force  and  effect  as  the  commission,  but  sub- 
ject to  its  approval. 

(d)  Commission  not  Personally  Liable. — The  commission  shall  not, 
nor  shall  any  commissioner,  officer  or  employee  thereof,  be  personally 
liable  in  his  private  capacity  for  or  on  account  of  any  act  performed 
or  contract  or  other  obligation  entered  into  or  undertaken  in  an  official 
capacity,  in  good  faith  and  without  intent  to  defraud,  in  connection 
with  the  administration,  management  or  conduct  of  the  State  compen- 
sation insurance  fund,  its  business  or  other  affairs  relating  thereto. 

§  39.  Powers  of  Manager. — In  conducting  the  business  and  affairs 
of  the  State  compensation  insurance  fund,  the  manager  of  the  said 
fund  or  other  officer  to  whom  such  power  and  authority  may  be  dele- 
gated by  the  commission,  as  provided  by  subsection  (c)  of  section  38 
hereof,  shall  have  full  power  and  authority: 

(1)  To  Enter  into  Contracts. — To  enter  into  contracts  of  insurance,  in- 
suring employers  against  liability  for  compensation  and  insuring  to  em- 
ployees and  other  persons  the  compensation  fixed  by  this  act. 

(2)  To  Sell  Annuities. — To  sell  annuities  covering  compensation 
benefits. 

(3)  To  Decline  to  Insure. — To  decline  to  insure  any  risk  in  which 
the  minimum  requirements  of  the  commission  with  regard  to  construc- 
tion, equipment  and  operation  are  not  observed,  or  which  is  beyond  the 
safe  carrying  of  the  State  compensation  insurance  fund,  but  shall  not 
have  power  or  authority,  except  as  otherwise  provided  in  this  subdi- 
vision, to  refuse  to  insure  any  compensation  risk  tendered  with  the 
premium  therefor. 


442 

(4)  To  Reinsure. — To  reinsure  any  risk  or  any  part  thereof. 

(5)  To  Inspect  and  Audit  Pay-rolls. — To  inspect  and  audit,  or  cause 
to  be  inspected  and  audited  the  pay-rolls  of  employers  applying  for  in- 
surance against  liability  for  compensation. 

(6)  To  Make  Rules  and  Regulations. — To  make  rules  and  regulations 
for  the  settlement  of  claims  against  said  fund  and  to  determine  to  whom 
and  through  whom  the  payments  of  compensation  are  to  be  made. 

(7)  To  Contract  for  Treatment. — To  contract  with  physicians,  sur- 
geons and  hospitals  for  medical  and  surgical  treatment  and  the  care 
and  nursing  of  injured  persons  entitled  to  benefits  from  said  fund. 

§  40.     (a)  Commission  to  Determine  Rates  With  Regard  to  Hazards. 

It  shall  be  the  duty  of  the  commission  to  fix  and  determine  the  rates  to 
be  charged  hy  the  State  compensation  insurance  fund  for  compensation 
insurance  coverage  as  herein  provided,  and  such  rates  shall  be  fixed 
with  due  regard  to  the  physical  hazards  of  each  industry,  occupation 
or  employment  and,  within  each  class,  so  far  as  practicable,  in  accord- 
ance Avith  the  elements  of  bodily  risk  or  safety  or  other  hazard  of  the 
plant  or  premises  or  work  of  each  insured  and  the  manner  in  which 
the  same  is  conducted,  together  with  a  reasonable  regard  for  the  acci- 
dent experience  and  history  of  each  such  insured,  and  the  means  and 
methods  of  caring  for  injured  persons,  but  such  rates  shall  take  no 
account  of  the  extent  to  which  the  employees  in  any  particular  estab- 
lishment have  or  have  not  persons  dependent  upon  them  for  support, 
(b)  Basis  of  Rates. — The  rates  so  made  shall  be  that  percentage  of 
the  pay-roll  of  any  employer  which,  in  the  long  run  and  on  the  average, 
shall  produce  a  sufficient  sum,  when  invested  at  three  and  one-half  per 
cent  interest : 

(1)  To  carry  all  claims  to  maturity;  that  is 'to  say  the  rates  shall 
be  based  upon  the  ''reserve"  and  not  upon  the  "assessment"  plan; 

(2)  To  meet  the  reasonable  expenses  of  conducting  the  business  of 
such  insurance ; 

(3)  To  produce  a  reasonable  surplus  to  cover  the  catastrophe  hazard. 

§  41.     Kinds   of   Contracts — Temporary   Cover — Cancellation. — The 

insurance  contracts  entered  into  between  the  State  compensation  insur- 
ance fund  and  persons  insuring  therewith  may  be  either  limited  or 
unlimited  and  issued  for  one  year  or,  in  the  form  of  stamps  or  tickets 
or  otherwise,  for  one  month  or  any  number  of  months  less  than  one 
year,  or  for  one  day  or  any  number  of  days  less  than  one  month,  or 
during  the  performance  of  any  particular  work,  job  or  contract;  pro- 
vided, that  the  rates  charged  shall  be  proportionately  greater  for  a 
shorter  than  for  a  longer  period  and  that  a  minimum  premium  charge 
shall  be  fixed  in  accordance  with  a  reasonable  rate  for  insuring  one 
person  for  one  day.  Nothing  in  this  act  shall  be  construed  to  prevent 
any  person  applying  for  compensation  insurance  from  being  covered 
temporarily  until  the  application  is  finally  acted  upon,  or  to  prevent 
the  insured  from  surrendering  any  policy  at  any  time  and  having  re- 
turned  to  him   the    difference   between   the   premium   paid   and   the 


INDUSTRIAL    ACCIDENTS.  443 

premium  at  the  customary  short  term  for  the  shorter  period  which 
such  policy  has  already  run.  The  State  compensation  insurance  fund 
may  at  any  time  cancel  any  policy,  after  due  notice,  upon  a  pro  rata 
basis  of  premium  repayment. 

§  42.  Policies  Including  Employers. — The  State  compensation  in- 
surance fund  may  issue  policies,  including  with  their  employees, 
employers  who  perform  labor  incidental  to  their  occupations,  and  in- 
cluding also  members  of  the  families  of  such  employers  engaged  in  the 
same  occupation,  such  policies  insuring  to  such  employers  and  working 
members  of  their  families  the  same  compensations  provided  for  their 
employees,  and  at  the  same  rates;  provided,  that  the  estimations  of 
their  wage  values,  respectively,  shall  be  reasonable  and  separately 
stated  in  and  added  to  the  valuation  of  their  pay-rolls  upon  which  their 
premium  is  computed.  Such  policies  may  likewise  be  sold  to  self- 
employing  persons  and  to  casual  employees,  who,  for  the  purpose  of 
such  insurance,  shall  be  deemed  to  be  employees  within  the  meaning  of 
sections  12  to  35,  inclusive,  of  this  act. 

§  43.  Treasurer  Custodian  of  Fund. — The  treasurer  of  the  State 
shall  be  custodian  of  all  moneys  and  securities  belonging  to  the  State 
compensation  insurance  fund,  except  as  otherwise  provided  in  this  act, 
and  shall  be  liable  on  his  official  bond  for  the  safekeeping  thereof.  All 
moneys  belonging  to  said  fund  collected  or  received  by  the  commission, 
or  the  manager  of  the  State  compensation  insurance  fund,  under  and  by 
virtue  of  the  provisions  of  this  act,  shall  be  delivered  to  the  treasurer 
of  the  State  or  may  be  deposited  to  his  credit  in  such  bank  or  banks 
throughout  the  State  as  he  may,  from  time  to  time,  designate,  and  such 
moneys  when  so  delivered  or  deposited  shall  be  credited  by  the  treas- 
urer to  the  said  fund  and  no  moneys  received  or  collected  on  account 
of  such  fund  shall  be  expended  or  paid  out  of  such  fund  without  first 
passing  into  the  State  treasury  and  being  drawn  therefrom  as  provided 
in  this  act.  In  like  manner  there  shall  be  delivered  to  the  treasurer 
all  securities  belonging  to  said  fund  which  shall  be  held  by  him  until 
otherwise  disposed  of  as  provided  in  this  act. 

§  44.  (a)  Monthly  Estimate  of  Current  Disbursements. — The  com- 
mission shall  submit  each  month  to  the  State  board  of  control  an  esti- 
mate of  the  amount  necessary  to  meet  the  current  disbursements  from 
the  State  compensation  insurance  fund  during  each  succeeding  calendar 
month  and,  when  such  estimate  shall  be  approved  by  the  State  board 
of  control,  the  controller  is  directed  to  draw  his  warrant  on  said  fund 
in  favor  of  said  commission  for  such  amount,  and  the  treasurer  is 
authorized  and  directed  to  pay  the  same. 

(b)  Monthly  Account. — At  the  end  of  each  calendar  month  the  com- 
mission shall  account  to  the  State  board  of  control  and  the  State  con- 
troller for  all  moneys  so  received,  furnishing  proper  vouchers  therefor. 

(c)  Semi-annual  Valuation. — During  the  months  of  January  and  of 
July  of  each  year  the  State  board  of  control  or  the  commission  shall 


444  hillyer's  legal  manual. 

cause  a  valuation  to  be  made  of  the  properties  and  securities  which 
have  been  acquired  and  which  are  held  for  said  fund,  and  shall  report 
the  results  of  the  same  to  the  state  controller,  whose  duty  it  shall  be 
to  keep  a  special  ledg:er  account  showing  all  of  the  assets  pertaining 
to  the  state  compensation  insurance  fund.  In  the  controller's  general 
ledger  this  fund  account  may  be  carried  merely  as  a  cash  account,  like 
other  accounts  of  funds  in  the  state  treasury,  and  therein  only  the 
actual  cash  coming  into  the  state  compensation  insurance  fund  shall 
be  credited  to  such  fund. 

§  45.  (a)  Investments. — The  commission  shall  cause  all  moneys  in 
the  state  compensation  insurance  fund,  in  excess  of  current  require- 
ments, to  be  invested  and  reinvested,  from  time  to  time,  in  the  securi- 
ties now  or  hereafter  authorized  by  law  for  the  investment  of  funds 
of  savings  banks. 

(b)  Estimate  of  Amount  Required  for  Investment. — The  commission 
shall,  from  time  to  time,  submit  to  the  state  board  of  control  an  esti- 
mate of  the  amount  required  by  it  for  investment,  which  estimate  shall 
be  accompanied  by  a  full  description  of  the  kind  and  character  of  the 
investments  to  be  made  and,  when  such  estimate  shall  be  approved  by 
the  state  board  of  control,  the  controller  is  directed  to  draw  his  war- 
rant on  the  state  compensation  insurance  fund  in  favor  of  the  commis- 
sion for  such  amount  and  the  treasurer  is  authorized  and  directed  to 
pay  the  same. 

(c)  Account. — At  the  end  of  each  calendar  month  the  commission 
shall  account  to  the  said  board  of  control  and  the  state  controller  for 
all  moneys  so  received,  furnishing  proper  vouchers  therefor. 

(d)  All  moneys  in  said  fund,  in  excess  of  current  requirements  and 
not  otherwise  invested,  may  be  deposited  by  the  state  treasurer  from 
time  to  time  in  the  banks  authorized  by  law  to  receive  deposits  of  pub- 
lic moneys  under  the  same  rules  and  regulations  that  govern  the  de- 
posit of  other,  public  funds  and  the  interest  accruing  thereon  shall  be 
credited  to  the  state  compensation  insurance  fund. 

§  46.  Public  Corporation  may  Insure. — Each  county,  city  and 
county,  city,  school  district  or  other  public  corporation,  within  the  state, 
may  insure  against  its  liability  for  compensation,  with  the  state  com- 
pensation insurance  fund  and  not  with  any  other  insurance  carrier 
unless  such  fund  shall  refuse  to  accept  the  risk  when  the  application 
for  insurance  is  made,  and  the  premium  therefor  shall  be  a  proper 
charge  against  the  general  fund  of  each  such  political  subdivision  of 
the  state. 

§  47.  Public  Officers  to  Transmit  Applications. — When  the  premium 
rates  for  insurance  in  the  state  compensation  insurance  fund  shall  have 
been  established  the  commission  shall  furnish  schedules  of  rates  and 
copies  of  the  forms  of  policy  to  the  commissioner  of  labor,  to  the  clerk 
and  to  the  treasurer  of  every  county,  city  and  county,  and  city  in  the 
state,  and  it  shall  be  the  duty  of  every  public  officer  to  whom  the  fore- 


INDUSTRIAL   ACCIDENTS.  445 

going  may  be  furnished  to  fill  out  and  transmit  to  the  manager  of  the 
state  compensation  insurance  fund  applications  for  compensation  insur- 
ance in  such  fund  and  to  receive  and  transmit  to  said  manager  all 
premiums  paid  on  account  of  any  policy  issued  or  applied  for. 

§  48.  Quarterly  Reports.^The  commission  shall  each  quarter  make 
to  the  governor  of  the-  state,  reports  of  the  business  done  by  the  state 
compensation  insurance  fund  during  the  previous  quarter,  and  a  state- 
ment of  the  fund's  resources  and  liabilities,  and  it  shall  be  the  duty 
of  the  state  board  of  control  to  audit  such  reports  and  to  cause  an  ab- 
stract thereof  to  be  published  one  or  more  times  in  at  least  two  news- 
papers of  general  circulation  in  the  state.  The  commission  shall  like- 
wise make  to  the  state  insurance  commissioner  all  reports  required  by 
law  to  be  made  by  other  insurance  carriers. 

§  49.  Misrepresenting  Pay-roll — Penalty. — Any  employer  who  shall 
willfully  misrepresent  the  amount  of  the  pay-roll  upon  which  his  pre- 
mium under  this  act  is  to  be  based  shall  be  liable  to  the  state  in  ten 
times  the  amount  of  the  difference  in  premium  paid  and  the  amount 
the  employer  should  have  paid  had  his  pay-roll  been  correctly  com- 
puted, and  the  liability  to  the  state  under  this  section  shall  be  enforced 
in  a  civil  action  in  the  name  of  the  state  compensation  insurance  fund 
and  any  amount  so  collected  shall  become  a  part  of  said  fund. 

§  50.  Misrepresenting  Pay-roll — Punishment. — Any  person  who 
willfullj^  misrepresents  any  fact  in  order  to  obtain  insurance  at  less 
than  the  proper  rate  for  such  insurance,  or  in  order  to  obtain  any  pay- 
ments out  of  such  fund,  shall  be  guilty  of  a  misdemeanor. 

§  51.  Terms  Construed. — The  following  terms,  as  used  in  sections  51 
to  72,  inclusive,  of  this  act,  shall,  unless  a  different  meaning  is  plainly 
required  by  the  context,  be  construed  as  follows : 

(1)  Place  of  Employment. — The  phrase  ''place  of  employment" 
shall  mean  and  include  every  place,  whether  indoors  or  out  or  under- 
ground, or  elsewhere,  and  the  premises  appurtenant  thereto,  where, 
either  temporarily  or  permanently,  any  industry,  trade,  work  or  busi- 
ness is  carried  on,  or  where  any  process  or  operation  directly  or  indi- 
rectly related  to  any  industry,  trade,  work  or  business,  is  carried  on, 
and  where  any  person  is  directly  or  indirectly  employed  by  another 
for  direct  or  indirect  gain  or  profit,  but  shall  not  include  any  place 
where  persons  are  employed  solely  in  farm,  dairy,  agricultural,  viticul- 
tural  or  horticultural  labor,  in  stock  or  poultry  raising  or  in  household 
domestic  service. 

(2)  Employment. — The  term  "employment"  shall  mean  and  in- 
clude any  trade,  work,  business,  occupation  or  process  of  manufacture, 
or  any  method  of  carrying  on  such  trade,  work,  business,  occupation  or 
process  of  manufacture  in  which  any  person  may  be  engaged,  except 
where  persons  are  employed  solely  in  farm,  dairy,  agricultural,  viticul- 
tural  or  horticultural  labor,  in  poultry  or  stock  raising  or  in  household 
domestic  services. 


446 

(3)  Employer. — The  term  '* employer"  shall  mean  and  include  every 
person,  lirm,  voluntary  association,  corporation,  officer,  agent,  manager, 
representative  or  other  person  having  control  or  custody  of  any  em- 
ployment, place  of  employment  or  of  any  employee. 

(4)  Employee. — The  term  ''employee"  shall  mean  and  include  every 
person  who  may  be  required  or  directed  by  any  employer,  in  consider- 
ation of  direct  or  indirect  gain  or  profit,  to  engage  in  any  employment, 
or  to  go  to  work  or  be  at  any  time  in  any  place  of  employment. 

(5)  Order. — The  term  ''order"  shall  mean  and  include  any  decision, 
rule,  regulation,  direction,  requirement  or  standard  of  the  commission 
or  any  other  determination  arrived  at  or  decision  made  by  such  com- 
mission under  the  safety  provisions  of  this  act. 

(6)  General  Order. — The  term  "general  order"  shall  mean  and  in- 
clude such  order  made,  under  the  safety  provisions  of  this  act,  as 
applies  generally  throughout  the  state  to  all  persons,  employments  or 
places  of  employment,  or  all  persons,  employments  or  places  of  employ- 
ment of  a  class  under  the  jurisdiction  of  the  commission.  All  other 
orders  of  the  commission  shall  be  considered  special  orders. 

(7)  Local  Order. — The  term  "local  order"  shall  mean  and  include 
any  ordinance,  order,  rule  or  determination  of  any  board  of  supervisors, 
city  council,  board  of  trustees  or  other  governing  body  of  any  county, 
city  and  county,  city  or  of  any  school  district  or  other  public  corpora- 
tion, or  an  order  or  direction  of  any  other  public  official  or  board  or 
department  upon  any  matter  over  which  the  industrial  accident  com- 
mission has  jurisdiction. 

(8)  Safe  and  Safety.— The  terms  "safe"  and  "safety"  as  applied  to 
an  employment  or  a  place  of  employment  shall  mean  such  freedom  from 
danger  to  the  life  or  safety  of  employees  as  the  nature  of  the  employ- 
ment will  reasonably  permit. 

(9)  Safety  Device  and  Safeguard. — The  terms  "safety  device"  and 
"safeguard"  shall  be  given  a  broad  interpretation  so  as  to  include  any 
practicable  method  of  mitigating  or  preventing  a  specific  danger. 

§  52.  Employer  to  Protect  Employees. — Every  employer  shall  fur- 
nish employment  which  shall  be  safe  for  the  employees  therein  and 
shall  furnish  a  place  of  employment  which  shall  be  safe  for  employees 
therein,  and  shall  furnish  and  use  such  safety  devices  and  safeguards, 
and  shall  adopt  and  use  such  practices,  means,  methods,  operations 
and  processes  as  are  reasonably  adequate  to  render  such  employment 
and  place  of  employment  safe,  and  shall  do  every  other  thing  reason- 
ably necessary  to  protect  the  life  and  safety  of  such  employees. 

§  53.  Employment  or  Place  of  Employment  to  be  Safe. — No  em- 
ployer shall  require,  permit  or  suffer  any  employee  to  go  or  be  in  any 
employment  or  place  of  employment  which  is  not  safe,  and  no  such 
employer  shall  fail  to  furnish,  provide  and  use  safety  devices  and  safe- 
guards or  fail  to  adopt  and  use  methods  and  processes  reasonably  ade- 
quate to  render  such  employment  and  place  of  employment  safe,  and 


INDUSTRIAL   ACCIDENTS.  447 

no  such  employer  shall  fail  or  neglect  to  do  every  other  thing  reason- 
ably necessary  to  protect  the  life  and  safety  of  such  employees/ and  no 
such  employer  shall  occupy  or  maintain  any  place  of  employment  that 
is  not  safe. 

§  54.  Construction  of  Place  of  Employment. — No  employer,  owner 
or  lessee  of  any  real  property  in  this  state  shall  construct  or  cause  to 
be  constructed  any  place  of  employment  that  is  not  safe. 

§  55.  Interference  With  Protective  Device  by  Employee. — No  em- 
ployee shall  remove,  displace,  damage,  destroy  or  carry  off  any  safety 
device  or  safeguard  furnished  and  provided  for  use  in  any  employment 
or  place  of  employment,  or  interfere  in  any  way  with  the  use  thereof 
by  any  other  person,  or  interfere  with  the  use  of  any  method  or  pro- 
cess adopted  for  the  protection  of  any  employee  in  such  employment, 
or  place  of  employment,  or  fail  or  neglect  to  do  every  other  thing 
reasonably  necessary  to  protect  the  life  and  safety  of  such  employees. 

§  56.  Supervision  by  Commission. — The  commission  is  vested  with 
full  power  and  jurisdiction  over,  and  shall  have  such  supervision  of, 
every  employment  and  place  of  employment  in  this  state  as  may  be 
necessary  adequately  to  enforce  and  administer  all  laws  and  all  law- 
ful orders  requiring  such  employment  and  place  of  employment  to  be 
safe,  and  requiring  the  protection  of  the  life  and  safety  of  every  em- 
ployee in  such  employment  or  place  of  employment. 

§  57.  Protective  Powers  of  Commission. — The  commission  shall 
have  power,  after  a  hearing  had  upon  its  own  motion  or  upon  com- 
plaint, by  general  or  special  orders,  rules  or  regulations,  or  otherwise : 

(1)  To  Prescribe  Methods  of  Protection. — To  declare  and  prescribe 
what  safety  devices,  safeguards  or  other  means  or  methods  of  protec- 
tion are  well  adapted  to  render  the  employees  of  every  employment 
and  place  of  employment  safe  as  required  by  law  or  lawful  order. 

(2)  To  Fix  Standards  of  Protection. — To  fix  such  reasonable  stand- 
ards and  to  prescribe,  modify  and  enforce  such  reasonable  orders  for 
the  adoption,  installation,  use,  maintenance  and  operation  of  safety 
devices,  safeguards  and  other  means  or  methods  of  protection,  to  be  as 
nearly  uniform  as  possible,  as  may  be  necessary  to  carry  out  all  laws 
and  lawful  orders  relative  to  the  protection  of  the  life  and  safety  of 
employees  in  employments  and  places  of  employment. 

(3)  To  Fix  Standards  for  Construction. — To  fix  and  order  such  rea- 
sonable standards  for  the  construction,  repair  and  maintenance  of 
places  of  employment  as  shall  render  them  safe. 

(4)  To  Require  Any  Other  Act. — To  require  the  performance  of  any 
other  act  which  the  protection  of  the  life  and  safety  of  employees  in 
employments  and  places  of  emploj^ment  may  demand. 

(5)  To  Prescribe  Form  of  Reports.— To  declare  and  prescribe  the 
general  form  of  industrial  accidents  reports,  the  accidents  to  be  re- 
ported and  the  information  to  be  furnished  in  connection  therewith, 


448  HILLYER^S  LEGAL   MANUAL. 

and  the  time  within  which  such  reports  shall  be  filed.  Nothing  in  this 
act  contained  shall  be  construed  to  prevent  the  commission  from  re- 
quiring supplemental  accident  reports. 

§  58.  Notice  of  Hearing  for  Purpose  of  Considering  General  Safety- 
Order. — Upon  the  fixing  of  a  time  and  place  for  the  holding  of  a  hearing 
for  the  purpose  of  considering  and  issuing  a  general  safety  order  or 
orders  as  authorized  by  section  57  hereof,  the  commission  shall  cause  a 
notice  of  such  hearing  to  be  published  in  one  or  more  daily  newspapers 
of  general  circulation  published  and  circulated  in  the  city  and  county  of 
San  Francisco,  and  also  in  one  or  more  daily  newspapers  of  general  cir- 
culation published  and  circulated  in  the  county  of  Los  Angeles,  such 
newspapers  to  be  designated  by  the  commission  for  that  purpose.  No 
defect  or  inaccuracy  in  such  notice  or  in  the  publication  thereof  shall 
invalidate  any  general  order  issued  by  the  commission  after  hearing 
had. 

§  59.  Order  to  Render  Employment  or  Place  of  Employment  Safe. 
"Whenever  the  commission,  after  a  hearing  had  upon  its  own  motion 
or  upon  complaint,  shall  find  that  any  employment  or  place  of  employ- 
ment is  not  safe  or  that  the  practices  or  means  or  methods  or  opera- 
tions or  processes  employed  or  used  in  connection  therewith  are  unsafe, 
or  do  not  afford  adequate  protection  to  the  life  and  safety  of  employees 
in  such  employments  and  places  of  employment,  the  commission  shall 
make  and  enter  and  serve  such  order  relative  thereto  as  may  be  neces- 
sary to  render  such  employment  or  place  of  employment  safe  and 
protect  the  life  and  safety  of  employees  in  such  employments  and 
places  of  employment  and  may  in  said  order  direct  that  such  addi- 
tions, repairs,  improvements  or  changes  be  made  and  such  safety  de- 
vices and  safeguards  be  furnished,  provided  and  used,  as  are  reason- 
ably required  to  render  such  employment  or  place  of  employment  safe, 
in  the  manner  and  within  the  time  specified  in  said  order. 

§  60.  Time  for  Compliance. — The  commission  may,  upon  applica- 
tion of  any  employer,  or  other  person  affected  thereby,  grant  such  time 
as  may  reasonably  be  necessary  for  compliance  with  any  order,  and 
any  person  affected  by  such  order  may  petition  the  commission  for  an 
extension  of  time,  which  the  commission  shall  grant  if  it  finds  such  an 
extension  of  time  necessary. 

§  61.  Summary  Investigation. — Whenever  the  commission  shall 
learn  or  have  reason  to  believe  that  any  employment  or  place  of  em- 
ployment is  not  safe  or  is  injurious  to  the  welfare  of  any  employee  it 
may,  of  its  own  motion,  or  upon  com^plaint,  summarily  investigate  the 
same,  with  or  without  notice  or  hearings,  and  after  a  hearing  upon 
such  notice  as  it  may  prescribe,  the  commission  may  enter  and  serve 
such  order  as  may  be  necessary  relative  thereto,  anything  in  this  act 
to  the  contrary  notwithstanding. 

§  62.  Compliance  With  Orders. — Every  employer,  employee  and 
other  person  shall  obey  and  comply  with  each  and  every  requirement 
of  every  order,  decision,  direction,  rule  or  regulation  made   or  pre- 


INDUSTRIAL   ACCIDENTS.  449 

scribed  by  the  commission  in  connection  with  the  matters  herein  speci- 
fied, or  in  any  way  relating  to  or  affecting  safety  of  employments  or 
places  of  employment,  or  to  protect  the  life  and  safety  of  employees 
in  such  employments  or  places  of  employment,  and  shall  do  everything 
necessary  or  proper  in  order  to  secure  compliance  with  and  observance 
of  every  such  order,  decision,  direction,  rule  or  regulation. 

§  63.  Review  by  Courts. — The  orders  of  the  commission,  general  or 
special,  its  rules  or  regulations,  findings  and  decisions,  made  and 
entered  under  the  safety  provisions  of  this  act,  may  be  reviewed  by 
the  courts  specified  in  sections  84  and  85  of  this  act  and  within  the 
time  and  in  the  manner  therein  specified  and  not  otherwise. 

§  64.    Standard  of  Safety  to  be  Construed  With  Local  Order. — 

Nothing  contained  in  this  act  shall  be  construed  to  deprive  the  board 
of  supervisors  of  any  county,  or  city  and  county,  the  board  of  trustees 
of  any  city,  or  any  other  public  corporation  or  board  or  department, 
of  any  power  or  jurisdiction  over  or  relative  to  any  place  of  employ- 
ment; provided,  that  whenever  the  commission  shall,  by  order,  fix  a 
standard  of  safety  for  employments  or  places  of  employment,  such 
order  shall,  upon  the  filing  by  the  commission  of  a  copy  thereof  with 
the  clerk  of  the  county,  city  and  county,  or  city  to  which  it  may 
apply,  establish  a  minimum  requirement  concerning  the  matters  cov- 
ered by  such  order  and  shall  be  construed  in  connection  with  any  local 
order  relative  to  the  same  matter  and  to  amend  or  modify  any  re- 
quirement in  such  local  order  not  up  to  the  standard  of  the  order  of 
the  commission. 

§  65.  Further  Powers. — The  commission  shall  have  further  power 
and  authority: 

(1)  Museums  of  Safety. — To  establish  and  maintain  museums  of 
safety  and  hygiene  in  which  shall  be  exhibited  safety  devices,  safe- 
guards and  other  means  and  methods  for  the  protection  of  the  life 
and  safety  of  employees,  and  to  publish  and  distribute  bulletins  on 
any  phase  of  this  general  subject. 

(2)  Lectures. — To  cause  lectures  to  be  delivered,  illustrated  by 
stereopticon  or  other  views,  diagrams  or  pictures,  for  the  information 
of  employers  and  their  employees  and  the  general  public  in  regard  to 
the  causes  and  prevention  of  industrial  accidents,  occupational  dis- 
eases and  related  subjects. 

(3)  Advisers. — To  appoint  advisers  who  shall,  without  compensa- 
tion assist  the  commission  in  establishing  standards  of  safety  and  the 
commission  may  adopt  and  incorporate  in  its  general  orders  such 
safety  recommendations  as  it  may  receive  from  such  advisers. 

§  66.  Rules  Conclusively  Presumed  Reasonable. — Everjr  order  of 
the  commission,  general  or  special,  its  rules  and  regulations,  findings 
and  decisions,  made  and  entered  under  the  safety  provisions  of  this 
act  shall  be  admissible  as  evidence  in  any  prosecution  for  the  violation 
of  any  of  the  said  provisions  and  shall,  in  every  such  prosecution,  be 
29 


450 

conclusively  presumed  to  be  reasonable  and  lawful  and  to  fix  a  reason- 
able and  proper  standard  and  requirement  of  safety,  unless,  prior  to 
the  institution  of  the  prosecution  for  such  violation  or  violations,  pro- 
ceedings for  a  rehearing  thereon  or  a  review  thereof  shall  have  been 
instituted  as  provided  in  sections  81  to  85,  inclusive,  of  this  act  and 
not  then  finally  determined. 

§  67.  Penalty  for  Violation  of  Safety  Provision — Burden  of  Proof. 
Every  employer,  employee  or  other  person  who,  either  individually  or 
acting  as  an  officer,  agent  or  employee  of  a  corporation  or  other  per- 
son, violates  any  safety  provision  contained  in  sections  52,  53,  54  or  55 
of  this  act,  or  any  part  of  any  such  provision,  or  who  shall  fail  or 
refuse  to  comply  with  any  such  provision  or  any  part  thereof,  or  who, 
directly  or  indirectly,  knowingly  induces  another  so  to  do  is  guilty 
of  a  misdemeanor.  In  any  prosecution  under  this  section  it  shall  be 
deemed  prima  facie  evidence  of  a  violation  of  any  such  safety  provi- 
sion, that  the  accused  has  failed  or  refused  to  comply  with  any  order, 
rule,  regulation  or  requirement  of  the  commission  relative  thereto  and 
the  burden  of  proof  shall  thereupon  rest  upon  the  accused  to  show 
that  he  has  complied  with  such  safety  provision. 

§  68.  Continuing  Violation. — Every  violation  of  the  provisions  con- 
tained in  section  52,  53,  54,  or  55,  of  this  act,  or  any  part  or  portion 
thereof,  by  any  person  or  corporation  is  a  separate  and  distinct  offense, 
and,  in  the  case  of  a  continuing  violation  thereof,  each  day's  continu- 
ance thereof  shall  constitute  a  separate  and  distinct  offense. 

§  69.  Accident  Prevention  Fund. — All  fines  imposed  and  collected 
under  prosecutions  for  violations  of  the  provisions  of  sections  51  to 
72  inclusive  of  this  act,  shall  be  paid  into  the  state  treasury  to  the 
credit  of  the  ''accident  prevention  fund,"  which  fund  is  hereby 
created. 

§  70.  Divulging  Confidential  Information. — It  shall  be  unlawful 
for  any  member  of  the  commission,  or  for  any  officer  or  employee  of 
the  commission,  to  divulge  to  any  person  not  connected  with  the  ad- 
ministration of  this  act  any  confidential  information  obtained  from 
any  person,  concerning  the  failure  of  any  other  person  to  keep  any 
place  of  employment  safe,  or  concerning  the  violation  of  any  order,  rule 
or  regulation  issued  by  the  commission.  Any  member  of  the  commis- 
sion or  any  officer  or  employee  of  the  commission  divulging  such  con- 
fidential information  shall  be  guilty  of  a  misdemeanor. 

§  71.  (a)  Report  of  Accident. — Every  employer  of  labor,  and  every 
insurance  carrier,  is  hereby  required  to  file  with  the  commission,  under 
such  rules  and  regulations  as  the  commission  may  from  time  to  time 
make,  a  full  and  complete  report  of  every  accident  to  an  employee 
arising  out  of  or  in  the  course  of  his  employment  and  resulting  in  loss 
of  life  or  injury  to  such  person.  Such  reports  shall  be  furnished  to 
the  commission  in  such  form  and  such  detail  as  the  commission  shall 
from  time  to  time  prescribe,  and  shall  make  specific  answers  to  all  ques- 
tions required  by  the  commission  under  its  rules  and  regulations.     Any 


INDUSTRIAL   ACCIDENTS.  451 

such  employer  or  insurance  carrier  who  shall  furnish  such  report  shall 
be  exempt  from  furnishing  any  similar  report  or  reports  authorized 
or  required  under  the  laws  of  this  state. 

(b)  Filling"  Blanks. — Every  employer  or  insurance  carrier  receiving 
from  the  commission  any  blanks  with  directions  to  fill  out  the  same 
shall  cause  the  same  to  be  properly  filled  out  so  as  to  answer  fully  and 
correctly  each  question  propounded  therein;  in  case  he  is  unable  to 
answer  any  such  questions  a  good  and  sufficient  reason  shall  be  given 
for  such  failure. 

(c)  Information  to  be  Secret. — No  information  furnished  to  the  com- 
mission by  an  employer  or  an  insurance  carrier  shall  be  open  to  public 
inspection  or  made  public  except  on  order  of  the  commission,  or  by 
the  commission  or  a  commissioner  in  the  course  of  a  hearing  or  pro- 
ceeding. Any  officer  or  employee  of  the  commission  who,  in  violation 
of  the  provisions  of  this  subsection,  divulges  any  information  shall  be 
guilty  of  a  misdemeanor. 

§  72.  (a)  Investigating  Cause  of  Accidents. — The  commission  shall 
investigate  the  cause  of  all  industrial  accidents  occurring  within  the 
state  in  any  employment  or  place  of  employment,  or  directly  or  indi- 
rectly arising  from  or  connected  with  the  maintenance  or  operation  of 
such  employment  or  place  of  employment,  resulting  in  personal  injury 
or  death  and  requiring,  in  the  judgment  of  the  commission,  such  in- 
vestigation; and  the  commission  shall  have  the  power  to  make  such 
orders  or  recommendations  with  respect  to  such  accidents  as  may  be 
just  and  reasonable,  provided  that  neither  the  order  nor  the  recom- 
mendation of  the  commission,  nor  any  accident  report  filed  with  the 
commission,  shall  be  admitted  as  evidence  in  any  action  for  damages 
or  any  proceeding  to  recover  compensation,  based  on  or  arising  out  of 
such  injury  or  death. 

(b)  Right  to  Enter  Place  of  Employment. — For  the  purpose  of  mak- 
ing any  investigation  which  the  commission  is  authorized  to  make 
under  the  provisions  of  this  section,  or  for  the  purpose  of  collecting 
statistics  or  examining  the  provisions  made  for  the  safety  of  employees, 
any  member  of  the  commission,  inspector  or  other  person  designated 
by  the  commission  for  that  purpose,  may  enter  any  place  of  employ- 
ment. 

(c)  Obstructing  Commission. — Any  employer,  insurance  carrier  or 
any  other  person  who  shall  violate  or  omit  to  comply  with  any  of  the 
provisions  of  this  section,  or  who  shall  in  any  way  obstruct  or  hamper 
the  commission,  any  commissioner  or  other  person  conducting  any 
investigation  authorized  to  be  undertaken  or  made  by  the  commission, 
shall  be  guilty  of  a  misdemeanor. 

§  73.  (a)  Jurisdiction. — All  proceedings  for  the  recovery  of  com- 
pensation, or  concerning  any  right  or  liability  arising  out  of  or  in- 
cidental thereto,  or  for  the  enforcement  against  the  employer  or  an 
insurance  carrier  of  any  liability  for  compensation  imposed  upon  him 
by  this  act  in  favor  of  the  injured  employee,  his  dependents  or  any 


452 

third  person,  or  for  the  determination  of  any  question  as  to  the  dis- 
tribution of  compensation  among  dependents  or  other  persons  or  for 
the  determination  of  any  question  as  to  who  are  dependents  of  any 
deceased  employee,  or  what  persons  are  entitled  to  any  benefit  under 
the  compensation  provisions  of  this  act,  or  for  obtaining  any  order 
which  by  this  act  the  commission  is  authorized  to  make,  shall  be  in- 
stituted before  the  commission,  and  not  elsewhere,  except  as  otherwise 
in  this  act  provided,  and  the  commission  is  hereby  vested  with  full 
power,  authority  and  jurisdiction  to  try  and  finally  determine  all 
such  matters,  subject  only  to  the  review  by  the  courts  in  this  act 
specified  and  in  the  manner  and  within  the  time  in  this  act  provided, 
(b)  Orders,  Rules,  Findings,  and  Awards — Presumed  Lawful. — All 
orders,  rules  and  regulations,  findings,  decisions  and  awards  of  the 
commission  in  conformity  with  law  shall  be  in  force  and  shall  be 
prima  facie  lawful;  and  all  such  orders,  rules  and  regulations,  find- 
ings, decisions  and  awards  shall  be  conclusively  presumed  to  be  reason- 
able and  lawful,  until  and  unless  they  are  modified  or  set  aside  by 
the  commission  or  upon  a  review  by  the  courts  in  this  act  specified 
and  within  the  time  and  in  the  manner  herein  specified. 

§  74.  (a)  Notice,  Order  or  Decision — How  Served. — Any  notice, 
order  or  decision  required  by  this  act  to  be  served  upon  any  person  or 
party  either  before,  during  or  after  the  institution  of  any  proceeding 
before  the  commission,  may  be  served  in  the  manner  provided  by 
chapter  V,  title  XIV  of  part  II  of  the  Code  of  Civil  Procedure  of  this 
state,  unless  otherwise  directed  by  the  commission  or  a  member  there- 
of, in  which  event  the  same  shall  be  served  in  accordance  with  the 
order  or  direction  of  said  commission  or  member  thereof. 

(b)  Power  to  Serve  Process. — The  secretary,  assistant  secretary 
and  the  inspectors  appointed  by  the  commission  shall  have  all  of  the 
powers  conferred  by  law  upon  peace  officers  to  carry  weapons,  make 
arrests  and  serve  warrants  and  other  process  in  any  county  or  city 
and  county  of  this  state. 

(c)  Service  on  Public  Corporation. — Any  such  notice,  order  or  de- 
cision affecting  the  state  or  any  city  and  county,  city,  school  district 
or  public  corporation  therein,  shall  be  served  upon  the  same  officer, 
officers,  person  or  persons,  upon  whom  the  service  of  similar  notices, 
orders  or  decisions  is  authorized  by  law. 

§  75.  Further  Powers. — The  commission  shall  have  full  power  and 
authority : 

(1)  Rules  of  Practice. — To  adopt  reasonable  and  proper  rules  of 
practice  and  procedure; 

(2)  Minors  and  Incompetent  Persons. — To  regulate  and  provide  the 
manner,  and  by  whom,  minors  and  incompetent  persons  shall  appear 
and  be  represented  before  it; 

(3)  Trustees  or  Guardians  ad  Litem. — To  appoint  a  trustee  or  guard- 
ian ad  litem  to  appear  for  and  represent  any  such  minor  or  incompetent 


INDUSTRIAL   ACCIDENTS.  453 

upon  such  terms  and  conditions  as  it  may  deem  proper;  and  such 
guardian  or  trustee  must  give  a  bond  in  the  same  form  and  of  the 
same  character  required  by  law  from  a  guardian  appointed  by  the 
courts  and  in  such  an  amount  as  the  commission  or  a  commissioner 
may  fix  and  determine,  such  bond  to  be  approved  by  the  commission 
or  a  commissioner,  and  such  guardian  or  trustee  shall  not  be  dis- 
charged from  liability  until  he  shall  have  filed  an  account  with  the 
commission  or  with  the  probate  court  and  such  account  shall  have 
been  approved.  The  trustee  or  guardian  shall  be  entitled  to  receive 
such  compensation  for  his  services  as  shall  be  fixed  and  allowed  by 
the  commission  or  by  the  probate  court; 

(4)  Joinder. — To  provide  for  the  joinder  in  the  same  proceeding 
of  all  persons  interested  therein,  whether  as  employer,  insurance 
carrier,  employee,  dependent,  creditor  or  otherwise ; 

(5)  Notices. — To  regulate  and  prescribe  the  kind  and  character  of 
notices,  where  not  otherwise  prescribed  by  this  act,  and  the  service 
thereof; 

(6)  Proofs  and  Evidence. — To  regulate  and  prescribe  the  nature 
and  extent  of  the  proofs  and  evidence. 

§  76.  (a)  Reference. — The  commission  may  by  order  entered  upon 
its  minutes,  upon  the  agreement  of  the  parties,  upon  the  application  of 
either,  or  of  its  own  motion,  and  either  with  or  without  notice,  direct 
and  order  a  reference  in  the  following  cases: 

(1)  To  Try  Issues  and  Report. — To  try  any  or  all  of  the  issues  in 
any  proceeding  before  it,  whether  of  fact  or  of  law,  and  to  report  a 
finding,  order,  decision  or  award  to  be  based  thereon. 

(2)  To  Ascertain  Fact  or  Make  Decision. — To  ascertain  a  fact 
necessary  to  enable  the  commission  to  determine  any  proceeding  before 
it  or  to  make  any  order,  decision  or  award  that  the  commission  is  au- 
thorized to  make  under  this  act,  or  that  is  necessary  for  the  information 
of  the  commission. 

(b)  Referees. — The  commission  may  appoint  one  or  more  referees 
in  any  proceeding,  as  it  may  deem  necessary  or  advisable,  and  may 
refer  separate  matters  arising  out  of  the  same  proceeding  to  different 
referees.  It  may  also,  in  its  discretion,  appoint  general  referees  who 
are  residents  of  the  county  or  city  and  county  for  which  they  are  ap- 
pointed and  who  shall  hold  office  during  the  pleasure  of  the  commis- 
sion. Any  referee  appointed  by  the  commission  shall  have  such 
powers,  jurisdiction  and  authority  as  is  granted  under  the  law,  by  the 
order  of  appointment  and  by  the  rules  of  the  commission  and  shall 
receive  such  salary  or  compensation  for  his  services  as  may  be  fixed 
by  the  commission. 

(c)  Objection. — Any  party  to  the  proceeding  may  object  to  the  ap- 
pointment of  any  person  as  referee  upon  any  one  or  more  of  the 
grounds  specified  in  section  641  of  the  Code  of  Civil  Procedure  and 
such  objection  must  be  heard  and  disposed  of  by  the  commission. 
Affidavits  may  be  read  and  witnesses  examined  as  to  such  objections. 


454  hillyer's  legal  manual. 

(d)  Oath. — Before  enterin»  upon  his  duties,  the  referee  must  be 
sworn  before  an  officer  authorized  to  administer  oaths,  faithfully 
and  fairly  to  hear  and  determine  the  allegations  and  evidence  of  the 
parties  in  relation  to  the  matters  in  the  reference,  and  to  make  just 
findings  and  report  according  to  his  understanding. 

(e)  Findings. — The  referee  must  report  his  findings  in  writing  to  the 
commission  within  twenty  days  after  the  testimony  is  closed.  Such 
report  shall  be  made  in  the  form  prescribed  by  the  commission  and  shall 
include  all  matters  required  to  be  included  in  the  order  of  reference 
or  by  the  rules  of  the  commission.  The  facts  found  and  conclusions 
of  law  must  be  separately  stated. 

(f)  Action  on  Report. — ^Upon  the  filing  of  the  report  of  the  referee, 
the  commission  may  confirm,  adopt,  modify  or  set  aside  the  same  or 
any  part  thereof  and  may,  either  w4th  or  without  further  proceedings, 
and  either  with  or  without  notice,  enter  its  order,  findings,  decision  or 
award  based  in  whole  or  in  part  upon  the  report  of  the  referee. 

§  77.  (a)  Rules  of  Evidence — Informality. — All  hearings  and  in- 
vestigations before  the  commission  or  any  member  thereof,  or  any 
referee  appointed  thereby,  shall  be  governed  by  this  act  and  by  the 
rules  of  practice  and  procedure  adopted  by  the  commission,  and  in 
the  conduct  thereof  neither  the  commission  nor  any  member  thereof 
nor  any  referee  appointed  thereby  shall  be  bound  by  the  technical 
rules  of  evidence.  No  informality  in  any  proceeding  or  in  the  manner 
of  taking  testimony  shall  invalidate  any  order,  decision,  award,  rule 
or  regulation  made,  approved  or  confirmed  by  the  commission. 

(b)  Depositions. — The  commission  or  any  member  thereof  or  any 
party  to  the  action  or*proceeding  may,  in  any  investigation  or  hearing 
before  the  commission,  cause  the  deposition  of  witnesses  residing 
within  or  without  the  state  to  be  taken  in  the  manner  prescribed  by 
law  for  like  depositions  in  civil  actions  in  the  superior  courts  of  this 
state,  and  to  that  end  may  compel  the  attendance  of  witnesses  and 
the  production  of  books,  documents,  papers  and  accounts. 

■  §  78.  Witnesses. — The  commission  and  each  member  thereof,  its  sec- 
retary and  referees,  shall  have  power  to  administer  oaths,  certify 
to  all  official  acts,  and  to  issue  subpoenas  for  the  attendance  of 
witnesses  and  the  production  of  papers,  books,  accounts,  documents 
and  testimony  in  any  inquiry,  investigation,  hearing  or  proceeding  in 
any  part  of  the  state.  Each  witness  who  shall  appear,  by  order  of  the 
commission  or  a  member  thereof,  or  a  referee  appointed  thereby, 
shall  be  entitled  to  receive,  if  demanded,  for  his  attendance  the  same 
fees  and  mileage  allowed  by  law  to  a  witness  in  civil  cases,  which 
amount  shall  be  paid  by  the  party  at  whose  request  such  witness  is 
subpoenaed,  unless  otherwise  ordered  by  the  commission.  When  any 
witness  who  has  not  been  required  to  attend  at  the  request  of  any  party 
is  subpoenaed  by  the  commission  his  fees  and  mileage  may  be  paid 
from  the  funds  appropriated  for  the  use  of  the  commission  in  the 
same  manner   as  other   expenses   of  the   commission   are   paid.     Any 


INDUSTRIAL   ACCIDENTS.  455 

witness  subpoenaed,  except  one  whose  fees  and  mileage  may  be  paid 
from  the  funds  of  the  commission,  may,  at  the  time  of  service,  demand 
the  fee  to  which  he  is  entitled  for  travel  to  and  from  the  place  at  which 
he  is  required  to  appear,  and  one  day's  attendance.  If  such  witness 
demands  such  fees  at  the  time  of  service,  and  they  are  not  at  that  time 
paid  or  tendered,  he  shall  not  be  required  to  attend  before  the  commis- 
sion, member  thereof,  or  referee  as  directed  in  the  subpoena.  All  fees 
or  mileage  to  which  any  witness  is  entitled  under  the  provisions  of  this 
section  may  be  collected  by  action  therefor  instituted  by  the  person  to 
whom  such  fees  are  payable. 

§  79.  Authority  of  Superior  Court — Contempt. — The  superior  court 
in  and  for  the  county,  or  city  and  county,  in  which  any  inquiry,  in- 
vestigation, hearing  or  proceeding  may  be  held  by  the  commission  or 
any  member  thereof  or  referee  appointed  thereby,  shall  have  the  power 
to  compel  the  attendance  of  witnesses,  the  giving  of  testimony  and  the 
production  of  papers,  including  books,  accounts  and  documents,  as  re- 
quired by  any  subpoena  issued  by  the  commission  or  member  thereof 
or  referee.  The  commission  or  the  member  thereof  or  the  referee, 
before  whom  the  testimony  is  to  be  given  or  produced,  in  case  of  the 
refusal  of  any  witness  to  attend  or  testify  or  produce  any  papers  re- 
quired by  such  subpoena,  may  report  to  the  superior  court  in  and  for 
the  county,  or  city  and  county,  in  which  the  proceeding  is  pending, 
by  petition,  setting  forth  that  due  notice  has  been  givren  of  the  time 
and  place  of  attendance  of  said  witness,  or  the  production  of  said 
papers,  and  that  the  witness  has  been  subpoenaed  in  the  manner 
prescribed  in  this  act,  and  that  the  witness  has  failed  and  refused  to 
attend  or  produce  the  papers  required  by  the  subpoena,  or  has  refused 
to  answer  questions  propounded  to  him  in  the  course  of  such  proceed- 
ing, and  ask  an  order  of  said  court,  compelling  the  witness  to  attend 
and  testify  or  produce  said  papers  before  the  commission.  The  court, 
upon  the  petition  of  the  commission  or  such  member  thereof  or  referee, 
shall  enter  an  order  directing  the  witness  to  appear  before  the  court  at 
a  time  and  place  to  be  fixed  by  the  court  in  such  order,  the  time  to  be 
not  more  than  ten  days  from  the  date  of  the  order,  and  then  and  there 
show  cause  why  he  had  not  attended  and  testified  or  produced  said 
papers  before  the  commission,  member  thereof  or  referee.  A  copy  of 
said  order  shall  be  served  upon  said  witness.  If  it  shall  appear  to  the 
court  that  said  subpoena  was  regularly  issued  by  the  commission  or 
member  thereof  or  referee,  the  court  shall  thereupon  enter  an  order 
that  said  witness  appear  before  the  commission  or  member  thereof  or 
referee  at  a  time  and  place  to  be  fixed  in  such  order,  and  testify  or 
produce  the  required  papers,  and  upon  failure  to  obey  said  order, 
said  witness  shall  be  dealt  with  as  for  contempt  of  court.  The  remedy 
provided  in  this  section  is  cumulative,  and  shall  not  be  construed  to 
impair  or  interfere  with  the  power  of  the  commission  or  a  member 
thereof  to  enforce  the  attendance  of  witnesses  and  the  production  of 
papers,  and  to  punish  for  contempt  in  the  same  manner  and  to  the 
same  extent  as  courts  of  record. 


456 

§  80.  (a)  Power,  Authority  and  Jurisdiction. — The  commission  is 
hereby  vested  with  full  power,  authority  and  jurisdiction  to  do  and 
perform  any  and  all  things,  whether  herein  specifically  designated,  or 
in  addition  thereto,  which  are  necessary  or  convenient  in  the  exercise 
of  any  power,  authority  or  jurisdiction  conferred  upon  it  under  this 
act. 

(b)  Power  to  Issue  Writs — Process. — The  commission  and  each 
member  thereof  shall  have  power  to  issue  writs  of  summons,  warrants^ 
of  attachment,  warrants  of  commitment  and  all  necessary  process  in 
proceedings  for  contempt,  in  like  manner  and  to  the  same  extent  as 
courts  of  record.  The  process  issued  by  the  commission  or  any  member 
thereof  shall  extend  to  all  parts  of  the  State  and  may  be  served  by  any 
persons  authorized  to  serve  process  of  courts  of  record,  or  by  any 
person  designated  for  that  purpose  by  the  commission  or  any  member 
thereof.  The  person  executing  any  such  process  shall  receive  such 
compensation  as  may  be  allowed  by  the  commission,  not  to  exceed  the 
fees  now  prescribed  by  law  for  similar  services,  and  such  fees  shall 
be  paid  in  the  same  manner  as  provided  herein  for  the  fees  of  witnesses. 

§  81.  (a)  Rehearing. — ^Any  party  or  person  aggrieved  directly  or 
indirectly  by  any  final  order,  decision,  award,  rule  or  regulation  of 
the  commission,  made  or  entered  under  any  provision  contained  in  this 
act,  may  apply  to  the  commission  for  a  rehearing  in  respect  to  any 
matters  determined  or  covered  by  such  final  order,  decision,  award, 
rule  or  regulation  and  specified  in  the  application  for  rehearing  within 
the  time  and  in  the  manner  hereinafter  specified,  and  not  otherwise. 

(b)  No  Action  in  Court  Unless  Application  Made. — No  cause  of 
action  arising  out  of  any  such  final  order,  decision  or  award  shall 
accrue  in  any  court  to  any  person  until  and  unless  such  person  shall 
have  made  application  for  such  rehearing,  and  such  application  shall 
have  been  granted  or  denied;  provided,  that  nothing  herein  contained 
shall  be  construed  to  prevent  the  enforcement  of  any  such  final  order, 
decision,  award,  rule  or  regulation  in  the  manner  provided  in  this  act. 

(c)  Application. — Such  application  shall  set  forth  specifically  and 
in  full  detail  the  grounds  upon  which  the  applicant  considers  said  final 
order,  decision,  award,  rule  or  regulation  is  unjust  or  unlawful,  and 
every  issue  to  be  considered  by  the  commission.  Such  application  must 
be  verified  upon  oath  in  the  same  manner  as  required  for  verified 
pleadings  in  the  courts  of  record  and  must  contain  a  general 
statement  of  any  evidence  or  other  matters  upon  which  the  applicant 
relies  in  support  thereof.  The  applicant  for  such  rehearing  shall  be 
deemed  to  have  finally  waived  all  objections,  irregularities  and  il- 
legalities concerning  the  matter  upon  which  such  rehearing  is  sought 
other  than  those  set  forth  in  the  application  for  such  rehearing. 

(d)  Answer. — ^A  copy  of  such  application  for  rehearing  shall  be 
served  forthwith  on  all  adverse  parties,  if  any,  and  any  such  adverse 
party  may  file  an  answer  thereto  within  ten  days  thereafter.  Such 
answer  must  likewise  be  verified.     If  there   are  no  adverse  parties, 


INDUSTRIAL   ACCIDENTS.  457 

such  application  may  be  heard  ex  parte  or  the  commission  may  re- 
quire the  application  for  rehearing  to  be  served  on  such  parties  as 
may  be  designated  by  it. 

(e)  Proceeding  on  Rehearing^. — Upon  filing  of  an  application  for  a 
rehearing,  if  the  issues  raised  thereby  have  theretofore  been  adequately 
considered  by  the  commission,  it  may  determine  the  same  by  confirm- 
ing without  hearing  its  previous  determination,  or  if  a  rehearing  is 
necessary  to  determine  the  issues  raised,  the  commission  shall  order 
a  rehearing  thereon  and  consider  and  determine  the  matter  or  matters 
raised  by  such  application.  Notice  of  the  time  and  place  of  such  re- 
hearing shall  be  given  to  the  applicant  and  the  adverse  parties,  if  any, 
and  to  such  other  persons  as  the  commission  may  order. 

(f)  Decision  After  Rehearing. — If  after  such  rehearing  and  a  con- 
sideration of  all  the  facts,  including  those  arising  since  the  making 
of  the  order,  decision  or  award  involved,  the  commission  shall  be  of 
the  opinion  that  the  original  order,  decision  or  award  or  any  part 
thereof,  is  in  any  respect  unjust  or  unwarranted,  or  should  be  changed, 
the  commission  may  abrogate,  change  or  modify  the  same.  An  order, 
decision  or  award  made  after  such  rehearing,  abrogating,  changing  or 
modifying  the  original  order,  decision  or  award  shall  have  the  same 
force  and  effect  as  an  original  order,  decision  or  award,  but  shall  not 
affect  any  right  or  the  enforcement  of  any  right  arising  from  or  by 
virtue  of  the  original  order,  decision  or  award,  unless  so  ordered  by 
the  commission.  An  application  for  a  rehearing  shall  be  deemed  to 
have  been  denied  by  the  commission  unless  it  shall  have  been  acted 
upon  within  thirty  days  from  the  date  of  filing;  provided,  however, 
that  the  commission  may  upon  good  cause  being  shown  therefor,  ex- 
tend the  time  within  which  it  may  act  upon  such  application  for  re- 
hearing for  not  exceeding  thirty  days. 

§  82.  (a)  Rehearing  of  Order  Awarding  or  Denying  Compensa- 
tion— Grounds. — ^At  any  time  within  twenty  days  after  the  service 
of  any  final  order  or  decision  of  the  commission  awarding  or  denying 
compensation,  or  arising  out  of  or  incidental  thereto,  any  party  or 
parties  aggrieved  thereby  may  apply  for  such  rehearing  upon  one  or 
more  of  the  following  grounds  and  upon  no  other  grounds: 

(1)  Excess  of  Powers. — That  the  commission  acted  without  or  in 
excess  of  its  powers. 

(2)  Fraud. — That  the  order,  decision  or  award  was  procured  by 
fraud. 

(3)  Insufficient  Evidence. — That  the  evidence  does  not  justify  the 
finding  of  fact. 

(4)  New  Evidence. — That  the  applicant  has  discovered  new  evi- 
dence, material  to  him,  and  which  he  could  not,  with  reasonable 
diligence  have  discovered  and  produced  at  the  hearing. 

(5)  Insufficiency  of  Findings. — That  the  findings  of  fact  do  not 
support  the  order,  decision  or  award. 


458  HILLYER^S  LEGAL  MANUAL. 

(b)  Right  of  Commission  to  Review. — Nothing  contained  in  this 
section  shall,  however,  be  construed  to  limit  the  right  of  the  commis- 
sion, at  any  time  within  two  hundred  forty-five  weeks  from  the  date 
of  its  award,  and  from  time  to  time,  after  due  notice  and  upon  the 
application  of  any  party  interested,  to  review,  diminish  or  increase, 
within  the  limits  provided  by  this  act,  any  compensation  awarded 
upon  the  grounds  that  the  disability  of  the  person  in  whose  favor  such 
award  was  made  has  either  increased  or  diminished  or  terminated. 

§  83.  (a)  Rehearing  of  Any  Other  Order — Grounds. — At  any  time 
within  twenty  days  after  the  service  of  any  other  final  order,  decision, 
rule  or  regulation  made  by  the  commission  under  the  provisions  of 
this  act,  any  party  or  parties,  person  or  persons  aggrieved  thereby 
or  otherwise  affected,  directly  or  indirectly,  may  apply  for  such  re- 
hearing upon  one  or  more  of  the  following  grounds  and  upon  no 
other  grounds : 

(1)  Excess. — That  the  commission  acted  without  or  in  excess  of 
its  powers. 

(2)  Fraud. — That  the  order  or  decision  was  procured  by  fraud. 

(3)  Unreasonableness. — That  the  order,  decision,  rule  or  regulation 
is  unreasonable. 

(b)  Right  of  Commission  to  Adopt  New  Standards. — Nothing  con- 
tained in  this  section  shall  be  construed  to  limit  the  right  of  the  commis- 
sion, at  any  time  and  from  time  to  time,  to  adopt  new  or  different  rules 
or  regulations  or  new  or  different  standards  of  safety,  or  to  abrogate, 
change  or  modify  any  existing  rule,  regulation,  or  standard,  or  any  part 
thereof,  or  to  deprive  the  commission  of  continuing  jurisdiction  over 
the  same  or  to  prevent  the  enforcement  in  the  manner  provided  by 
this  act,  of  any  rules,  regulations  or  standard  of  the  commission,  or 
any  part  thereof,  when  so  adopted,  or  changed,  or  modified. 

§  84.  (a)  Certiorari. — Within  thirty  days  after  the  application  for 
a  rehearing  is  denied,  or,  if  the  application  is  granted,  within  thirty 
days  after  the  rendition  of  the  decision  on  the  rehearing,  any  party 
affected  thereby  may  apply  to  the  Supreme  Court  of  this  State  or  to 
the  District  Court  of  Appeal  of  the  appellate  district  in  which  such 
person  resides,  for  a  writ  of  certiorari  or  review  (hereinafter  referred 
to  as  a  writ  of  review)  for  the  purpose  of  having  the  lawfulness  of 
the  original  order,  decision  or  aw^ard  or  the  order,  decision  or  award 
on  rehearing  inquired  into  and  determined. 

(b)  Return. — Such  writ  shall  be  made  returnable  not  later  than 
thirty  days  after  the  date  of  the  issuance  thereof,  and  shall  direct 
the  commission  to  certify  its  record  in  the  case  to  the  court.  On  the 
return  day  the  cause  shall  be  heard  in  the  court  unless  for  good  cause 
the  same  be  continued.  No  new  or  additional  evidence  may  be  intro- 
duced in  such  court  but  the  cause  shall  be  heard  on  the  record  to  the 
commission  as  certified  to  by  it.  The  review  shall  not  be  extended 
further  than  to  determine  whether  or  not: 


INDUSTRIAL   ACCIDENTS.  459 

(1)  Excess. — The  commission  acted  without  or  in  excess  of  its 
powers. 

(2)  Fraud. — The  order,  decision  or  award  was  procured  by  fraud. 

(3)  Unreasonableness. — The  order,  decision,  rule  or  regulation  is 
unreasonable. 

(4)  Whether  Findings  Support  Decision. — If  findings  of  fact  are 
made,  whether  or  not  such  findings  of  fact  support  the  order,  decision 
or  award  under  review. 

(c)  Findings  and  Conclusions  Conclusive. — The  findings  and  conclu- 
sions of  the  committee  on  questions  of  fact  shall  be  conclusive  and 
final  and  shall  not  be  subject  to  review ;  such  questions  of  fact  shall  in- 
clude ultimate  facts  and  the  findings  and  conclusions  of  the  commission. 
The  commission  and  each  party  to  the  action  or  proceeding  before  the 
commission  shall  have  the  right  to  appear  in  the  review  proceeding. 
Upon  the  hearing  the  court  shall  enter  judgment  either  affirming  or 
modifying  or  setting  aside  the  order,  decision  or  award. 

(d)  Proceedings  in  the  Courts — Jurisdiction  to  Review — Mandamus. 
The  provisions  of  the  Code  of  Civil  Procedure  of  this  State  relating  to 
writs  of  review  shall,  so  far  as  applicable  and  not  in  conflict  with  this 
act,  apply  to  proceedings  in  the  courts  under  the  provisions  of  this 
section.  No  court  of  this  State  (except  the  Supreme  Court  and  the 
District  Courts  of  Appeal  to  the  extent  herein  specified)  shall  have 
jurisdiction  to  review,  reverse,  correct  or  annul  any  order,  decision  or 
award  of  the  commission  or  to  suspend  or  delay  the  operation  or  exe- 
cution thereof,  or  to  restrain,  enjoin  or  interfere  with  the  commission 
in  the  performance  of  its  duties;  provided,  that  a  writ  of  mandamus 
shall  lie  from  the  Supreme  Court  or  the  District  Courts  of  Appeal  in  all 
proper  cases. 

§  85.  (a)  Effect  of  Filing  Application  for  Rehearing.— The  filing 
of  an  application  for  a  rehearing  shall  have  the  effect  of  suspending 
the  order,  decision,  award,  rule  or  regulation  affected,  in  so  far  as  the 
same  applies  to  the  parties  to  such  application,  unless  otherwise  ordered 
by  the  commission,  for  a  period  of  ten  days,  and  the  commission  may, 
in  its  discretion  and  upon  such  terms  and  conditions  as  it  may  by  order 
direct,  stay,  suspend  or  postpone  the  same  during  the  pendency  of  such 
rehearing. 

(b)  Stay  of  Proceedings  on  Review. — The  filing  of  an  application 
for,  or  the  pendency  of,  a  writ  of  review,  shall  not  of  itself  stay  or 
suspend  the  operation  of  the  order,  decision,  award,  rule  or  regula- 
tion of  the  commission  subject  to  review,  but  the  court  before  which 
such  application  is  filed  may,  in  its  discretion,  stay  or  suspend  in  whole 
or  in  part  the  operation  of  the  order,  decision,  award,  rule  or  regula- 
tion of  the  commission,  subject  to  review  upon  such  terms  and  condi- 
tions as  it  may  by  order  direct. 

§  86.  (a)  Rule  of  Construction. — Whenever  this  act,  or  any  part 
or  section  thereof,  is  interpreted  by  a  court,  it  shall  be  liberally  con- 
strued by  such  court. 


460  hillyer's  legal  manual. 

(b)  Constitutionality. — If  any  section,  subsection,  subdivision,  sen- 
tence, clause  or  phrase  of  this  act  is  for  any  reason  held  to  be  uncon- 
stitutional, such  decision  shall  not  affect  the  validity  of  the  remain- 
inor  portions  of  this  act.  The  legislature  hereby  declares  that  it  would 
have  passed  this  act,  and  each  section,  subsection,  subdivision,  sentence, 
clause  and  phrase  thereof,  irrespective  of  the  fact  that  any  one  or 
more  sections,  subsections,  subdivisions,  sentences,  clauses  or  phrases 
is  declared  unconstitutional. 

(c)  Employers  Engaged  in  Interstate  Commerce. — This  act  shall  not 
be  construed  to  apply  to  employers  or  employments  which,  according 
to  law,  are  so  engaged  in  interstate  commerce  as  not  to  be  subject  to 
the  legislative  power  of  the  State  or  to  employees  injured  while  they 
are  so  engaged,  except  in  so  far  as  this  act  may  be  permitted  to  apply 
under  the  provisions  of  the  constitution  of  the  United  States  or  the 
acts  of  Congress. 

§  87.  (a)  Election  to  Come  Under  This  Act. — Any  employer,  hav- 
ing in  his  employment  any  employee  not  included  within  the  term 
^'employee"  as  defined  by  section  14  of  this  act  or  not  entitled  to  com^ 
pensation  under  this  act,  and  any  such  employee,  may,  by  their  joint 
election,  elect  to  come  under  the  compensation  provisions  of  this  act 
in  the  manner  hereinafter  provided. 

(b)  Election  on  Part  of  Employer. — Such  election  on  the  part  of 
the  employer  shall  be  made  by  filing  with  the  commission  a  written 
statement  to  the  effect  that  he  accepts  the  compensation  provisions  of 
this  act,  which,  when  filed,  shall  operate,  within  the  meaning  of  sec- 
tion 12  of  this  act,  to  subject  him  to  the  compensation  provisions  of 
this  act,  and  of  all  acts  amendatory  thereof,  for  the  term  of  one  year 
from  the  date  of  filing,  and  thereafter  without  further  act  on  his  part, 
for  successive  terms  of  one  year  each,  unless  such  employer  shall,  at 
least  sixty  days  prior  to  the  expiration  of  such  first  or  any  succeeding 
year,  file  in  the  office  of  the  commission  a  notice  in  writing  that  he 
withdraws  his  election.  Such  acceptance  shall  not  be  held  to  include 
employees  whose  employment  is  both  casual  and  not  in  the  usual  course 
of  the  trade,  business,  profession  or  occupation  of  the  employer,  unless 
expressly  mentioned  therein. 

(c)  Employee  Deemed  to  have  Accepted. — Any  employee  in  the  ser- 
vice of  any  such  employer,  shall  be  deemed  to  have  accepted,  and  shall, 
within  the  meaning  of  section  12  of  this  act,  be  subject  to  the  com- 
pensation provisions  of  this  act,  and  of  any  act  amendatory  thereof, 
if,  at  the  time  of  the  accident  for  which  liability  is  claimed : 

(1)  The  employer  charged  with  such  liability  is  subject  to  the  com- 
pensation provisions  of  this  act,  whether  the  employee  has  actual 
notice  thereof  or  not ;  and 

(2)  Such  employee  shall  not,  at  the  time  of  entering  into  his  contract 
of  hire,  have  given  to  his  employer  notice  in  writing  that  he  elects  not 
to  be  subject  to  the  compensation  provisions  of  this  act;  or,  in  the 
event  that  such  contract  of  hire  was  made  in  advance  of  the  election 


INDUSTRIAL   ACCIDENTS — LAW   AND   RULES.  461 

by  the  employer,  such  employee  shall  have  given  to  his  employer  notice 
in  writing  that  he  elects  to  be  subject  to  such  provisions,  or  without 
giving  either  of  such  notices,  shall  have  remained  in  the  service  of 
such  employer  for  thirty  days  after  the  employer  has  filed  his  election. 

§  88.  Report  to  the  Governor. — The  commission  shall,  not  later 
than  the  first  day  of  December  of  each  calendar  year,  subsequent  to 
the  year  1913,  make  a  report  to  the  governor  of  the  State  covering  its 
entire  operations  and  proceedings  for  the  previous  fiscal  year,  with 
such  suggestions  or  recommendations  as  it  may  deem  of  value  for 
public  information.  Such  report  shall  be  printed  and  a  copy  thereof 
furnished  to  all  applicants  within  this  State. 

§  89.  Appropriation. — The  sum  of  one  hundred  eighty-seven  thou- 
sand four  hundred  seventy  dollars  is  hereby  appropriated  out  of  any 
money  in  the  State  treasury,  not  otherwise  appropriated,  to  be  used 
by  the  industrial  accident  commission  in  carrying  out  the  purposes  of 
this  act,  and  the  controller  is  hereby  directed  to  draw  his  warrant  on 
the  general  fund  from  time  to  time  in  favor  of  said  industrial  accident 
commission  for  the  amounts  expended  under  its  direction,  and  the 
treasurer  is  hereby  authorized  and  directed  to  pay  the  same. 

§  90.  Acts  Repealed. — All  acts  or  parts  of  acts  inconsistent  with 
this  act  are  hereby  repealed. 

§  91.  Not  Voted  Active. — The  compensation  provisions  of  this  act 
shall  not  apply  to  any  injury  sustained  prior  to  the  taking  effect 
thereof. 

§  92.  Act  in  Force  1914. — This  act  shall  take  effect  and  be  in  force 
on  and  after  the  first  day  of  January,  A.  D.  1914. 


RULES  OF  THE  INDUSTRIAL  ACCIDENT  BOARD 
OF  CALIFORNIA. 

The  following  rules  went  into  effect  under  the  provisions  of  chapter 
399,  Laws  1911,  and  will  probably  be  the  basis  of  new  rules  by  the 
new  commission  under  the  act  of  1913. 

Rule  I.  Preliminary.— Chapter  399,  Laws  1911,  may  be  cited  as  the 
"Employers'  Liability  Act,"  and  these  rules  as  the  "Industrial  Acci- 
dent Board  Rules."  All  words  and  phrases  used  in  these  rules  shall 
have  the  same  meaning  as  is  given  to  the  same  words  and  phrases  in 
sections  3  to  31  of  the  "Employers'  Liability  Act." 

Rule  n.  Office  of  Industrial  Accident  Board. — The  office  of  the  In- 
dustrial Accident  Board  is  hereby  established  at  room  907,  Royal 
Insurance  Building,  Pine  and  Sansome  streets,  San  Francisco.  Such 
office  shall  be  open  during  such  hours  as  are  fixed  by  law  for  the 
transaction  of  public  business.  The  board  may  from  time  to  time  hold 
public  sessions  in  such  other  places  in  the  State  as  convenience  may 
require. 


462  hillyer's  legal  manual. 

Rule  III.  Posting"  of  Notices. — Employers  shall  immediately  post, 
and  keep  posted,  all  notices  required  to  be  posted  by  the  Industrial 
Accident  Board,  in  conspicuous  places  in  their  offices  and  works,  where 
such  notices  are  most  likely  to  be  seen  and  read  by  their  employees. 

Rule  IV.  Reports. — Employers  anl  physicians  attending  injured 
employees  shall,  within  ten  days  after  the  happening  of  an  accident 
causing  a  loss  of  industrial  time  lasting  more  than  one  week,  make  a 
full  report  thereof  to  the  Industrial  Accident  Board.  In  any  case 
where  a  compromise  of  liability  for  accident  is  made  directly  by  the 
employer  and  employees,  a  full  report  of  such  compromise  shall  be 
immediately  made  by  the  employer  to  the  Industrial  Accident  Board. 

Rule  V.  Parties  to  Proceedings. — When  a  controversy  arises  con- 
cerning any  matter  over  which  the  Industrial  Accident  Board  has 
jurisdiction,  any  party  to  the  controversy  may  apply  to  the  board  for 
relief.  The  party  making  such  application  shall  be  known  as  the 
*' applicant."  All  other  persons  necessary  to  enable  the  board  effec- 
tively and  completely  to  adjudicate  upon  and  settle  all  questions 
involved,  shall  be  made  parties  (to  the  application  and  shall  be  known 
as  the  ''respondents." 

An  application  on  behalf  of  the  dependents  of  a  deceased  workman 
for  the  settlement  of  a  controversy  may  be  made  by  the  legal  personal 
representatives  (if  any)  of  the  deceased  workman  on  behalf  of  such 
dependents  or  by  the  dependents  themselves.  All  such  dependents 
shall  be  joined  in  the  application  either  as  applicants  or  respondents. 

An  application  for  the  settlement  of  a  controversy  respecting  medi- 
cal attendance  or  the  burial  expense  of  a  workman  who  leaves  no 
dependents  shall  be  made  by  the  legal  representatives  (if  any)  of  the 
deceased  workman.  If  there  are  no  such  personal  representatives,  the 
application  may  be  made  by  any  creditor  to  whom  any  such  expenses 
are  due,  and  all  other  such  creditors  known  as  the  applicant  must  be 
joined  as  respondents.  If  the  amount  awarded  is  not  sufficient  for  the 
payment  of  such  expenses  in  full,  it  shall  be  divided  in  proportion  to 
the  respective  amounts  found  to  be  due. 

Rule  VI.  Joinder  of  Parties. — ^AU  persons  may  be  joined  as  appli- 
cants in  whom  any  right  to  any  relief  in  respect  of  or  arising  out  of 
the  same  transaction  or  series  of  transactions  is  alleged  to  exist. 

All  persons  may  be  joined  as  respondents  against  whom  the  right 
to  any  relief  is  alleged  to  exist,  whether  jointly,  severally,  or  in  the 
alternative,  and  the  board  will  of  its  own  motion  order  that  any  addi- 
tional party  or  parties  be  joined,  when  it  deems  their  presence  neces- 
sary. 

Rule  VII.  Pleadings. — (1)  Application.  The  applicant  shall  file  a 
w^ritten  application  for  relief  Avith  the  Industrial  Accident  Board,  con- 
taining the  names  of  all  parties,  a  general  statement  of  the  claim  in 
controversy,  the  facts  relating  thereto,  and  of  the  relief  sought  to  be 
obtained.  The  board  will  thereupon  fix  a  time  and  place  for  the  hear- 
ing thereof,  which  shall  not  be  more  than  forty  (40)  days  after  such 


INDUSTRIAL   ACCIDENTS^RULES.  463 

filing  and  will  serve  a  copy  of  such  application,  together  with  the 
notice  of  hearing,  upon  each  adverse  party.  Either  party  shall  have 
the  right  to  be  present  at  any  hearing,  in  person  or  by  attorney  or  any 
other  agent,  and  present  such  testimony  as  shall  be  pertinent  to  the 
controversy. 

(2)  Answer.  When  any  respondent  desires  to  disclaim  any  inter- 
est in  the  subject  matter  of  the  claim  in  controversy,  or  considers  that 
the  application  is  in  any  respect  inaccurate  or  incomplete  or  desires 
to  bring  any  fact,  paper  or  document  to  the  attention  of  the  board  as 
a  defense  to  the  claim  or  otherwise,  he  must,  within  ten  days  after  the 
service  of  the  application,  file  with  or  mail  to  the  board  his  answer, 
setting  forth  the  particulars  in  which  the  application  is  inaccurate  or 
incomplete  and  the  facts  upon  which  he  intends  to  rely.  A  copy 
thereof  must  likewise  be  served  upon  each  party  to  the  proceedings. 
Any  material  allegation  contained  in  the  application  and  not  contro- 
verted in  the  answer  will  be  deemed  to  be  admitted. 

Rule  Vm.  Service  of  Pleadings. — Any  pleading  or  document  may 
be  served  either  by  delivering  to  and  leaving  with  the  person  to  be 
served,  a  copy  thereof,  or  by  mailing  to  such  person,  by  United  States 
registered  mail  a  copy  thereof  in  a  sealed  envelope,  with  the  postage 
thereon  fully  prepaid,  addressed  to  such  person  at  his  last  known  place 
of  business  or  residence. 

"Where  a  pleading  or  document  is  served  by  mail,  it  shall,  unless  the 
contrary  be  proved,  be  deemed  to  have  been  served,  at  the  time  when 
the  letter  containing  the  same  would  have  been  delivered  in  the  ordi- 
nary course  of  post.  Proof  of  such  mailing  shall  be  prima  facie  proof 
of  service. 

Rule  IX.  Awards. — An  award  may  be  rendered  in  favor  of  or 
against  any  one  or  more  of  the  applicants  or  respondents,  according  to 
their  respective  rights  and  liabilities.  In  every  award  the  compensa- 
tion to  be  paid  to  each  person  shall  be  set  forth  separately. 

Rule  X.  Examiner. — Whenever  convenience  may  require,  the  In- 
dustrial Accident  Board  will  appoint  an  examiner,  whose  duty  it  shall 
be  to  aid  the  board  in  making  settlements  between  employers  and 
employees,  conduct  investigations,  take  testimony,  and  to  make  report 
of  any  and  all  matters  relating  to  the  claim  in  controversy  to  the 
board.  The  board  may  at  any  time,  and  with  or  without  notice  to 
either  party,  cause  testimony  to  be  taken,  or  any  other  investigation  to 
be  made. 

Rule  XI.  Depositions. — Depositions  may  be  taken  before  any  notary 
public  or  other  officer  authorized  to  administer  oaths,  and,  when  so 
taken,  used  upon  any  hearing  where  the  convenience  of  the  witnesses 
requires.  Such  depositions  shall  be  taken  upon  notice  in  the  same 
manner  as  in  courts  of  records. 

Rule  XII.  Stenographic  Reporter. — Either  party  may,  upon  pay- 
ment of  the  costs  attendant  thereon,  require  that  the  testimony  pro- 


464  HILLYER'S  LEGAL   MANUAL. 

duced  at  any  hearing  be  taken  down  and  transcribed  by  a  shorthand 
reporter. 

Rule  XIII.  Amendments. — The  board,  or  any  member  thereof,  may 
at  any  time,  with  or  without  notice,  upon  good  cause  shown,  permit 
any  amendment  to  any  pleading  or  open  up  any  default. 

The  board  may  amend  or  modify  or  vacate  any  order  or  award  upon 
motion  of  either  party  or  upon  its  own  motion.  The  moving  party 
shall  serve  upon  all  other  parties  to  the  proceeding  a  notice  of  such 
motion  five  days  prior  to  the  time  when  the  same  is  to  be  heard,  unless 
otherwise  ordered  by  the  board  or  a  member  thereof. 

Rule  XrV.  Extension  of  Time. — The  board,  or  any  member  thereof, 
may,  either  w^th  or  without  notice,  grant  extensions  of  time  within 
which  to  comply  with  any  rule  upon  good  cause  shown,  and  may  like- 
wise grant  adjournments  of  hearings. 

Rule  XV.  Stipulations. — Parties  to  a  controversy  may  stipulate  the 
facts  in  writing,  and  the  board  may  thereupon  make  its  order  or  award 
based  upon  such  stipulation. 

Rule  XVI.  Exceptions. — At  any  hearing  had  before  the  board,  or 
before  any  examiner  appointed  by  it,  a  note  shall  be  made  of  any 
question  of  law  raised  or  exception  taken  and  of  the  facts  in  evidence 
in  relation  thereto. 

Rule  XVn.  Appeals. — ^Any  party  aggrieved  may,  within  thirty  (30) 
days  from  the  date  of  the  award,  file  with  the  Industrial  Accident 
Board  an  application,  in  writing,  for  a  review  of  such  award,  stating 
generally  the  grounds  upon  which  a  review  is  sought,  the  points  upon 
which  he  relies,  and  the  facts  in  evidence  relating  thereto.  A  copy 
of  such  application  shall  at  the  same  time  be  served  by  the  appellant 
upon  all  adverse  parties.  The  adverse  party  or  parties  may,  within  ten 
(10)  days  thereafter,  file  with  the  board  an  answer  to  such  application 
for  review,  stating  generally  his  objections,  his  points,  and  the  facts  in 
evidence  in  relation  thereto.  The  board  will  thereupon  prepare  and 
certify  a  transcript  of  the  testimony  taken  and  transmit  the  same,  to- 
gether with  all  documents  and  papers  on  file  in  the  matter,  to  the 
Superior  Court. 

It  is  hereby  ordered  that  the  foregoing  rules  be,  and  the  same  are, 
adopted  as  the  rules  governing  the  Industrial  Accident  Board,  and  for 
the  regulation  of  practice,  and  that  the  same  go  into  effect  forthwith. 

San  Francisco,  October  25,  1911. 


INSTRUCTIONS  AND  SCHEDULES. 

General  Notice. — The  Rules  and  Instructions,  Rates  and  Classifica- 
tions, given  herewith  take  effect  January  1,  1914.  In  every  manual 
there  must  be,  of  necessity,  opportunities  for  improper  classification, 
and  for  the  evasion  of  the  true  spirit  of  the  manual.  The  fund  must 
rely  upon  its  representatives  to  apply  the  manual  fairly  and  equitably 


INDUSTRIAL   ACCIDENTS — INSTRUCTIONS.  465 

to  the  conditions  encountered  in  the  solicitation  of  business.  An  effort 
to  assign  a  risk  to  some  manual  classification,  which  may  be  misin- 
terpreted to  cover  it,  is  improper,  and  will  not  be  approved  by  the  fund. 
Representatives  are  requested  to  seek  a  manual  classification  which 
most  fairly  and  adequately  represents  the  hazard  involved  in  the  risk. 
No  perversion  of  the  classification  or  evasion  of  the  requirements  of 
this  manual  will  be  permitted. 

General  Instructions. — Representatives  of  the  fund  should  read  very 
carefully  the  rules,  classifications,  and  rates  contained  in  this  manual. 
No  deviation  or  alteration  will  be  permitted,  except  as  they  are  promul- 
grated  officially  by  the  fund.  When  changes  in  this  manual  are  made, 
agents  will  be  notified  as  promptly  as  possible,  and  they  shall  there- 
upon enter  such  changes  herein,  and  be  governed  thereby. 

Representatives  must  be  especially  careful  to  see  that  every  portion 
of  the  application  or  proposal  for  insurance  is  correctly  prepared,  as 
this  is  the  basis  of  the  insurance  contract,  and  any  inaccuracy  or  uncer- 
tainty as  to  the  nature  of  the  risk  may  lead  to  serious  misunderstand- 
ing and  result  in  dissatisfaction  to  the  assured,  to  the  fund  and  to  its 
representatives.  Classifications  shall  be  stated  as  in  the  manual,  and 
an  estimate  of  pay-roll,  with  the  proper  premium  rate,  shall  appear  in 
all  applications  or  proposals. 

Residences,  Farms  and  Estates. — For  employees  in  connection  with 
residences,  farms  or  estates  the  following  rates  shall  apply: 

Residences:  For  each  ''chauffeur,"  see  classification. 

For  each  'coachman,"  see  classification. 

For  each  "gardener,"  "choreman,"  or  "general  laborer,"  $6  per 
annum. 

For  each  "house  servant,"  $4  per  annum. 

For  intermittent  labor  (meaning  occasional  employment  of  persons 
for  general  labor)  a  blanket  charge  of  $7  per  annum. 

Farms:  For  all  employees  including  house  servants  a  rate  of  $1.50 
for  each  $100  of  actual  cash  wages  exclusive  of  board  and  lodging. 

Estates:  For  each  "chauffeur,"  see  classification. 

For  each  "coachman,"  see  classification. 

For  each  "farm  laborer,"  see  classification. 

For  each  "gardener,"  "ehoreman,"  or  "general  laborer,"  $6  per 
annum. 

For  each  "house  servant,"  $4  per  annum. 

For  intermittent  labor  (meaning  occasional  employment  of  persons 
for  general  labor)  a  blanket  charge  of  $7  per  annum. 

Minimum  Premiums. — A  minimum  premium  is  an  expression  of  the 
lowest  premium  amount  for  w^hich  a  single  risk  can  be  w^ritten  and 
carried  for  any  period.  Where  the  actual  premium  computed  at  the 
rates  is  less  than  the  minimum  premium  the  minimum  premium  shall 
be  the  controlling  premium  for  the  policy,  but  where  the  actual  pre- 
mium computed  at  the  rates  is  more  than  the  minimum  premium,  the 
actual  premium  shall  control.  In  the  event  of  the  cancellation  of  any 
30 


466  hillyer's  legal  manual. 

policy  of  insurance  or  contract  with  the  policy-holder  according  to  its 
terms,  if  the  minimum  premium  expressed  in  the  policy  is  the  con- 
trolling premium,  cancellation  shall  be  upon  the  basis  of  the  minimum 
and  in  accordance  with  the  rules  respecting  cancellation. 

In  the  case  of  any  risk  classified  in  any  schedule  except  the  Contract- 
ors' Schedule,  where  work  is  performed  away  from  shop  or  plant,  the 
assured  shall  be  instructed  in  all  such  cases  that  a  separate  record  of 
pay-roll  must  be  kept  and  proper  rates  applied  thereto  in  accordance 
with  the  rates  and  classifications  contained  in  the  Contractors* 
Schedule. 

Rates. — The  rates  cover  the  entire  obligation  of  compensation  for 
bodily  injuries  imposed  by  Chapter  176,  Laws  of  1913,  State  of  Cali- 
fornia, including  the  obligation  for  statutory  medical  aid  provided  in 
paragraph  (a)  of  section  15,  It  is  not  permissible  to  write  a  compen- 
sation coverage  policy  including  statutory  medical  aid. 

The  rates  are  based  on  the  average  hazard  in  each  classification, 
omitting,  however,  the  hazard  involved  in  any  part  thereof,  for  which 
provision  for  separate  rating  has  been  made.  In  applying  these  rates 
to  particular  risks,  additions  or  deductions  will  be  made  according  as 
the  physical  inspection  of  each  such  risk  shows  it  to  be  above  or  below 
the  average  for  which  the  rate  was  formed. 

The  fund  further  reserves  the  right  to  arbitrarily  or  specifically  rate 
any  risk  which  may,  in  the  opinion  of  the  fund,  require  such  arbitrary 
or  specific  rating. 

Medical  Aid. — Paragraph  (a)  of  section  15  of  the  compensation  law 
provides  that  an  injured  employee  shall  be  furnished  such  medical, 
surgical  and  hospital  treatment,  including  nursing,  medicines,  medical 
and  surgical  supplies,  crutches  and  apparatus,  as  may  reasonably  be 
required  at  the  time  of  the  injury  and  thereafter  during  the  disability, 
but  not  exceeding  ninety  days,  to  cure  and  relieve  from  the  effects  of 
the  injury,  the  same  to  be  provided  by  the  employer;  and  in  case  of 
his  neglect  or  refusal  seasonably  to  do  so  the  employer  to  be  liable  for 
the  reasonable  expense  incurred  by  or  on  behalf  of  the  employee  in 
providing  the  same.     This  provision  is  a  part  of  the  compensation  plan. 

Compensation  rates  include  this  obligation.  Compensation  coverage 
cannot  be  written  to  exclude  this  obligation. 

Pay-roll. — The  employer  who  desires  to  insure  his  workmen's  com- 
pensation obligation  must  cover  all  its  operations  and  include  all  pay- 
roll of  any  nature  at  the  proper  rates.  The  term  "pay-roll"  shall  be 
understood  to  mean  any  form  of  remuneration  received  by  an  em- 
ployee of  any  character  or  grade,  whether  such  remuneration  is  in  the 
form  of  wages,  salaries,  allowances,  bonuses,  board,  store  certificates, 
contract  price  for  piece-work,  or  any  other  consideration  moving  from 
the  employer  to  the  employee  as  a  part  of  the  contract  of  employment. 
The  pay-roll  shall  not,  however,  include  special  reward  for  meritorious 
achievement,  for  discovery,  nor  pure  gratuities,  nor  the  results  of 
voluntary  profit-sharing  arrangements,  provided  these  or  any  of  them 


INDUSTRIAL   ACCIDENTS — INSTRUCTIONS.  467 

are  no  part  of  the  contract  of  employment,  or  actual  consideration 
therefor. 

Executive  Officers. — "Executive  Officers"  shall  mean  those  officers 
of  a  corporation  commonly  styled  as  president,  vice-president,  secre- 
tary or  treasurer,  and  shall  include,  in  addition  thereto,  any  other 
executive  officers  enumerated  in  and  employed  by  the  charter  or  any 
regularly  adopted  by-law  of  the  corporation  and  who  are  elected  or 
appointed  and  empowered  by  the  directors. 

Employers  may  be  practically  classed  in  three  divisions:  individual, 
copartnership  and  corporation.  An  individual  employer  obtains  his 
remuneration  from  his  business  in  the  form  of  profits  rather  than 
wages,  and  his  remuneration  forms  no  part  of  that  remuneration  which 
furnishes  the  basis  for  premium  computation  under  these  rules.  A 
copartnership  employer  represents  an  arrangement  under  which  each 
of  the  partners  draws  his  compensation  out  of  the  business  theoreti- 
cally under  the  form  of  undivided  profits,  but  practically  in  an  agreed 
amount  known  in  business  as  "drawing  account"  of  partner.  This 
remuneration  of  the  various  members  of  a  copartnership,  no  matter 
how  many  there  may  be,  does  not  become  a  part  of  the  remuneration 
which  furnishes  the  basis  for  premium  computation. 

These  conditions  find  no  equivalent  where  the  employer  is  a  corpo- 
ration, and  it  is  and  should  be  the  effort  of  those  devising  just  and 
equitable  rules  for  premium  distribution  to  bring  all  risks  to  the  same 
level,  so  far  as  the  character  of  the  employer  is  concerned,  leaving 
differentials  entirely  to  operations  rather  than  to  organization. 

In  the  actual  transaction  of  business  the  executive  officers  of  a  cor- 
poration as  above  defined  are  in  most  respects  quite  like  the  members 
of  a  copartnership  as  regards  the  contract  of  employment. 

As  respects  the  remuneration  of  executive  officers  as  above  defined 
the  fund  will  exclude  entirely  such  remuneration  from  the  pay-roll  to 
w^hich  premium  rates  shall  apply,  as  in  this  manual  provided,  or  will, 
at  the  option  of  the  applicant,  include  such  executive  officers  within 
the  compensation  coverage  and  no  premium  charge  will  be  made  upon 
any  portion  of  the  earnings  of  any  executive  officer  in  excess  of 
$1,666.66  per  annum;  that  amount  shall  be  arbitrarily  considered  the 
annual  earnings  of  each  executive  officer  for  the  purposes  of  compen- 
sation coverage,  but  this  rule  shall  not  apply  to  other  employees  or  to 
persons  other  than  executive  officers  as  above  defined. 

Clerical  Office  Employees. — It  is  permissible  to  state  separately  in 
the  schedule  the  remuneration  of  office  employees  in  strictly  clerical 
duties,  and  apply  thereto  the  rates  provided  in  this  schedule. 

Teams. — Where  teams  are  owned  or  used  by  an  employer  the  drivers, 
helpers,  and  all  other  employees,  either  permanently  or  temporarily 
employed  in  connection  with  such  teams  shall  be  included  at  their 
actual  earnings  in  the  pay-rolls  reported.  The  rate  for  compensation 
insurance  shall  be  $1.50  for  each  $100  of  wages,  except  the  following 
classifications:    "Boilers     (steam)     installation    of,"    "Millwrights," 


468  HILLYER^S  LEGAL   MANUAL. 

''Safe  Movers,"  ''Iron  Workers"  and  "Scrap  Iron  and  Junk  Dealers," 
for  which  the  rates  for  the  classifications  in  the  Contractors'  Schedule 
shall  apply.  Also  except  for  coal  dealers  and  logging  and  lumbering 
operations,  for  which  the  compensation  rates  of  the  classifications 
"Coal  Merchants — receiving  or  shipping  by  water  or  by  land  and 
water,"  "Coal  Merchants — receiving  or  shipping  by  land  but  not  by 
water"  and  "Logging  and  Lumbering  operations  with  transportation 
of  logs  to  mill  (not  including  operation  of  logging  railroad)"  shall 
apply. 

Where  teams,  including  drivers,  are  employed  under  a  contract  with 
the  owner  of  such  team  for  a  compensation,  only  a  portion  of  which 
is  the  actual  pay-roll  of  the  drivers,  one-third  of  the  actual  amount 
paid  for  such  teams  under  the  contract  with  the  owner  shall  be  con- 
sidered as  the  pay-roll  of  the  drivers,  and  included  in  the  policy- 
holder's pay-roll  to  which  the  compensation  rate  is  applicable. 

In  some  occupations  involving  the  use  of  teams  it  is  the  practice  of 
employers  to  temporarily  engage  helpers  w^ho  are  paid  by  the  job  or 
by  the  hour  and  discharged  when  the  particular  undertaking  is  ended 
These  employers  are  usually  known  as  "roustabouts"  or  "lumpers." 
There  is  no  continuity  of  employment,  nor  is  there  regular  periodical 
employment.  A  roustabout  or  lumper  employed  upon  a  job  to-day 
may  never  be  employed  again  or  may  be  employed  frequently  or  in- 
frequently at  irregular  intervals.  The  question  whether  or  not  this 
constitutes  casual  employment  which  is  excluded  from  the  operation 
of  the  compensation  law  is  a  serious  one,  but  in  view  of  the  probable 
intention  of  the  legislature,  it  seems  reasonable  to  assume  that  although 
such  emplojonent  is  in  a  sense  casual,  it  is  in  connection  with  the  regu- 
lar business  operation  of  the  employer  and  should  not  be  so  regarded. 
The  provision  respecting  casual  employment  was  intended  for  applica- 
tion in  other  directions,  such,  perhaps,  as  the  employment  of  an  ex- 
pressman to  deliver  a  package  or  a  boy  to  run  an  errand,  something 
not  constantly  occurring  and  not  really  a  part  of  an  employer's  regu- 
lar business.  Employees  of  this  character  should  be  included  at  their 
actual  earnings  in  the  pay-rolls  reported. 

Adjacent  States. — For  drivers  of  teams  operated  in  states  adjacent 
to  and  also  in  the  State  of  California,  the  home  address  of  the  assured 
being  outside  of  the  limits  of  the  State  of  California,  compensation 
coverage  may  be  provided,  while  in  the  State  of  California,  for  $7.50 
per  driver.  Under  no  circumstances  is  this  rule  to  apply  to  teams 
stabled  or  located  in  the  State  of  California,  even  though  they  may 
operate  a  portion  of  the  time  in  other  States. 

Loading  and  Unloading. — The  employees  engaged  in  loading  and 
unloading  must  be  covered  by  compensation  coverage  in  accordance 
with  these  rules.  Drivers  are  to  be  covered  at  the  rate  provided  for 
drivers,  subject  to  the  exceptions  to  that  rate,  and  helpers  and  all 
others  are  to  be  covered  in  accordance  with  the  classifieation  which 
describes  the  operation  undertaken.  For  example,  the  unloading  of 
structural  iron  is  covered  as  to  employees  at  the  structural  iron  rate. 


INDUSTRIAL   ACCIDENTS — INSTRUCTIONS. 


469 


Chauffeurs. — "Chauffeurs"  shall  mean  for  the  purposes  of  these 
rules  those  engaged  in  the  driving  of  mechanically  propelled  vehicles 
customarily  used  upon  the  highways,  but  not  including  vehicles  oper- 
ated upon  tracks.  Chauffeurs  may  be  covered  under  the  rules  appli- 
cable to  drivers,  but  the  minimum  rate  for  a  chauffeur  shall  be  one- 
half  per  cent  of  his  actual  pay-roll.  This  rule  applies  to  chauffeurs 
both  of  commercial  cars  and  those  engaged  in  driving  private  and 
pleasure  cars.  Chauffeurs,  including  those  privately  employed  upon 
pleasure  cars,  can  only  be  covered  for  compensation  when  their  actual 
pay-roll  is  included  with  the  regular  business  of  the  employer,  or,  if 
the  employer  has  no  other  business  pay-roll,  a  separate  policy  may  be 
issued  to  cover  the  compensation  to  one  or  more  chauffeurs,  in  which 
event  the  premium  rate  shall  be  as  above  provided.  If  the  chauffeur 
lives  in  the  household  of  the  employer,  or  is  boarded  or  supported  by 
him  under  any  arrangement  which  makes  the  cost  of  such  board  or 
support  a  part  of  his  actual  earnings,  then  his  cash  wages  shall  be  in- 
creased by  an  amount  equal  to  fifty  per  cent  thereof,  and  such  total 
amount  shall  be  considered  and  reported  as  actual  pay-roll.  No  policy 
upon  chauffeurs  privately  employed  apart  from  the  regular  business 
operations  of  the  employer  shall  be  issued  for  compensation  unless  the 
employer  shall  warrant  that  he  has  no  other  person  in  his  employ, 
either  in  his  business  or  in  his  household,  except  those  included  in  his 
policy. 

Limited  and  Unlimited  Insurance. — The  rates  given  are  for  unlimited 
compensation  insurance,  but  the  fund  reserves  the  right  to  decline  to 
insure  any  risk  in  which  the  minimum  requirements  of  the  industrial 
accident  commission  with  regard  to  construction,  equipment  and  opera- 
tion are  not  observed,  or  which  is  beyond  the  safe  carrying  of  the  State 
compensation  insurance  fund. 

The  fund  further  reserves  the  right  to  decline  to  grant  unlimited  in- 
surance on  any  risk  which,  in  the  opinion  of  the  fund,  includes  a 
catastrophe  hazard  beyond  the  safe  carrying  of  the  State  compensation 
insurance  fund. 

All  classifications  appearing  in  this  manual  marked  with  a  dagger  (t) 
cannot  be  written  for  unlimited  insurance  without  authorization  by  the 
management.  If  accepted  for  limited  insurance  only,  the  limit  for  any 
one  accident  or  disaster  shall  not  exceed  fifteen  thousand  dollars 
($15,000),  or  such  an  amount  less  than  that  sum  which,  in  the  opinion 
of  the  management,  shall  be  necessary  to  bring  the  risk  within  the  safe 
carrying  of  the  State  compensation  insurance  fund. 

For  limited  compensation  insurance  the  fund  may,  at  its  discretion, 
allow  a  reduction  from  the  net  rate  of  ten  per  cent  thereof,  or  such 
other  percentage  reduction  as  may  appear  to  be  warranted. 

Additional  Interests. — Two  or  more  employers  engaged  in  a  common 
enterprise  involving  a  common  pay-roll  may  obtain  compensation 
coverage  without  additional  charge  because  of  the  additional  interests 
involved,  it  being  understood  that  there  is  but  one  obligation  for  com- 
pensation. 


470  HILLYER^S  LEGAL   MANUAL. 

Draughtsmen. — It  is  permissible  to  state  separately  in  the  schedule 
the  reniuiieration  of  draughtsmen  engaged  in  strictly  office  duties  and 
apply  thereto  the  rates  provided  in  the  manual  for  clerical  office  em- 
ployees. 

In  the  case  of  draughtsmen  supervising,  apply  the  rates  applicable  to 
the  hazard  in  connection  with  which  such  draughtsmen  are  employed. 


CONTRACTORS^  SCHEDULE. 

Minimum  Premium,  $3.00. 

Blasting. — ^Policies  written  upon  classifications  in  this  schedule 
marked  with  an  asterisk  (*)  and  expressed  to  exclude  blasting,  may  be 
written  to  cover  blasting  by  the  use  of  the  manual  classification,  rules, 
and  rates  therefor.  The  insured  must  be  instructed  in  all  cases  where 
the  separate  blasting  rate  applies,  that  the  amount  of  blasting  pay-roll 
expended,  as  defined  under  this  classification,  must  be  separately  kept 
and  reported. 

Railroads. — The  rates  in  this  schedule  include  the  construction,  main- 
tenance, and  operation  by  policy-holders  of  temporary  work  roads  in 
connection  with  the  work  insured,  provided  such  roads  are  constructed, 
maintained,  and  operated  exclusively  for  the  prosecution  of  the  work 
covered  by  the  insurance;  that  such  construction,  maintenance  and 
operation  is  wholly  by  means  of  employees  of  the  assured  carried  on 
his  pay-roll,  and  that  such  railroad  has  no  connection  with  or  entry 
upon  the  tracks  of  any  other  railroad.  If  conditions  are  not  as  above 
stated,  then  all  pay-rolls  engaged  in  the  operation  of  the  road,  but  not 
in  its  construction  or  maintenance,  must  be  separately  kept,  stated 
under  the  classification,  and  at  the  rates  provided  for  railroads  in  the 
Miscellaneous  Schedule. 

This  entire  rule  applies  only  to  the  Contractors'  Schedule,  and  not 
otherwise. 

Classijacation. 

Rate 
Additions  to,  alteration  and  repair  of  insured's  existing  building 
or  plants  (not  maintenance  of  equipment  covered  as  manu- 
facturing operation),  excluding  the  erection  or  demolition  of 
structural  steel  or  of  any  fabricated  iron  or  steel  product  or 
structure,  or  the  construction  of  servers,  tunnels,  shafts,  or 
subways  (only  to  be  written  in  connection  with  compensation 
coverage  insurance  policies  covering  manufacturing  plants)  6  12 
Advertising  Sign  Mfrs. — Erection  and  repairing  only   (to  cover 

only,  during  actual  performance  of  the  work) 4  37 

Architects,    supervising 3  94 

Arms — (Heavy  ordinance)   Erecting 6  12 

*Artesian  Well  Drillers  (No  blasting) 2  62 

Asphalt  Layers — Street  or  sidewalk  (including  yards  and  shops) .   2  45 

Autogenous  Welding   (Oxyacetylene) 9  19 

Automatic  Sprinkler — Erection  or  installation 2  62 


SCHEDULE.  471 

Rate 

Bells,  installation  of  (Tower  bells) 3  50 

Bill  Posters  (No  erection  or  repair  of  signs) 2  62 

fBlasting — Pay-roll  to  include  the  whole  compensation  of  all  em- 
ployees engaged  in  the  storage,  handling,  or  use  of  explosives, 
and  all  men  employed  wholly  or  in  part  in  work  preparatory 
to  blasting,  such  as  loading,  capping,  connecting  and  firing 
(policy  to  be  limited  when  issued  to  cover  blasting  only) . .  .25  00 
*Blast  Furnaces — Erecting  and  repairing  and  relining  (No  blast- 
ing)     9  19 

Boat  Builders — Constructing  canal  boats,  scows  and  barges  ex- 
clusively     3  94 

Boat  Builders — Iron  or  steel,  where  staging  or  scaffolding  is  used, 

not  otherwise  classified  (Including  shop  and  yard  work) ...   6  56 
Boat  Builders — Wood,  where  staging,  or  scaffolding  is  used,  not 

otherwise  classified  (Including  shop  and  yard  work) 5  95 

Boat  Buildersi — Constructing  or  repairing  small  yachts,  sailboats 
or  rowboats  exclusively,  wood  or  metal,  not  exceeding  forty 

feet  over  all  (Including  shop  and  yard  work) 1  75 

Boat  Builders^ — Constructing  or  repairing  small  yachts,  sailboats 
or  rowboats  exclusively,  wood  or  metal,  not  exceeding  one 
hundred  and    fifty  feet  over  all  (Including    shop  and  yard 

work) 3  06 

Boiler   Scalers 4  37 

Boilers   (Steam) — Installation  of,  and  construction  of  necessary 

concrete  or  masonry  foundations 4  37 

Boilers,  taking  from  one  place  to  another 3  50 

Brewery  Vats  (Within  breweries,  both  metal  and  wood — Installa- 
tion of  (See  rates,  ''Millwrights,  erecting  and  repairing  ma- 
chinery ") 

*Bridge  Building — Masonry  other  than  concrete  (No  blasting) . .   7  44 

*Bridge  Building— Metal  (No  blasting) .12  25 

Bridge  Building— Wood    (No  blasting) 7  44 

Building — Office  or  mercantile,  contractors  for  janitor  work,  in- 
cluding cleaning  and  caretaking,  also  the  operation  of  the 
elevators,  heating,  lighting  and  power  apparatus  on  the  prem- 
ises    2  62 

fBuilding  Movers — Other  than  wooden 10  41 

fBuilding  Movers — Wooden  buildings 9  19 

fBuilding — Raising,  shoring  buildings,  removing  walls  and  found- 
ations, columns  and  piers,  and  rebuilding  same 10  41 

Buildings,  Portable — Erection  of 3  50 

Cabinet  Work.     See  "Carpenters,  interior  trim." 

Cable  (Electric),  placing  of  same  in  conduits  or  subways 3  06 

tCaisson  Work  for  building  foundations;  pay-roll  to  include  that 
of  all  employees  working  under  air  pressure  and  all  others 
engaged  in  or  upon  the  caissons  or  the  apparatus  connected 

therewith 9  19 

tCaisson  Work  for  bridges  and  other  subaqueous  work;  pay-roll 
to  include  that  of  all  employees  working  under  air  pressure 


472 

Rate 
and  all  others  engaged  in  or  upon  the  caissons  or  the  appara- 
tus connected  therewith 11  03 

•Canal  Excavating  (No  blasting) 7  00 

*Canal  Lock  Construction  exclusively,  with  or  without  excavation 

(No  blasting)    8  75 

Carpenters — Construction  work  (Not  bridge  building) 4  37 

Carpenters — Interior  trim  and  cabinet  work  only,  (This  classifi- 
cation does  not  cover  general  carpenter  work) 2  45 

Carrier  Systems  inside  of  mercantile  building  only — Installation 

and  repair  of  (Gravity,  penumatic  or  power) 2  36 

t*Cellar  Excavation  (No  caisson,  or  subaqueous  work),  including 
digging  holes  and  filling  them  with  concrete  for  foundation 
for  buildings  (No  blasting)  (refer  to  executive  office  if  unlim- 
ited insurance  is  desired) 6  12 

Chimney  Construction — Stone,  brick,  or  concrete,  not  structural 
iron  or  steel  (See  Masonry  Work,  building  chimneys 
only) 

*Clay  Digging  (No  canal,  sewer  or  cellar  excavation,  or  under- 
ground mining)    (No  blasting) 4  37 

Cleaning  and  renovating  stone  fronts  of  buildings 7  00 

Clearing  of  land,  removing  of  stumps  and  grading  for  agricultural 

purposes  exclusively,  with  or  without  blasting 2  80 

t Concrete  Erection — Unit  system,  construction  of  concrete  col- 
umns, beams,  roofs,  walls  and  floors  in  sections,  including 
subsequent  erection  and  placing  of  same  (Refer  to  executive 
office  if  unlimited  insurance  is  desired) 7  87 

tConcrete  Mixers  (Mechanical),  operating  of  (Refer  to  executive 

office  if  unlimited  insurance  is  desired) 9  19 

t*Concrete  Work:  Bridge  Building — Pay-roll  to  include  those  en- 
gaged in  making,  setting  up  and  taking  down  of  frames, 
scaffolds  and  false  work  (No  caisson  work,  no  blasting) 
(Refer  to  executive  office  if  unlimited  insurance  is  desired) .  .   9  19 

t*Concrete  Work:  Building  (Not  grain  elevators),  reinforced  con- 
crete construction,  with  self-bearing  floors  or  other  horizontal 
surfaces  or  parts,  constructed  by  means  of  reinforced  con- 
crete. Pay-roll  to  include  those  engaged  in  making,  setting 
up  and  taking  down  of  frames,  scaffolds  and  false  work  (No 
blasting)  (Refer  to  executive  office  if  unlimited  insurance  is 
desired) 9  10 

t*Concrete  Work,  Buildings  (Not  grain  elevators),  concrete  con- 
struction, without  reinforcement,  either  monolithic  in  form 
or  by  means  of  blocks,  in  which  floors,  beams,  and  horizontal 
bearing  surfaces  are  not  of  reinforced  or  self-bearing  con- 
crete. Pay-roll  to  include  those  engaged  in  making,  setting 
up  and  taking  down  of  frames  and  false  work  (No  blasting) 
(Refer  to  executive  office  if  unlimited,  insurance  is  desired)   6  12 

•Concrete  Work:  Culverts  (See  Bridge  or  Building  Foundations) 
(No  blasting). 


INDUSTRIAL.  ACCIDENTS — CONTRACTORS '   SCHEDULE.  473 

Rate 

^Concrete  Work:  Dams.     See  Waterworks  (No  blasting). 

Concrete  Work :  Floors  or  pavements  of  artificial  stone  or  con- 
crete, not  reinforced  or  self -bearing 2  45 

Concrete  Work:  Foundations  for  buildings.  Pay-roll  to  include 
those  engaged  in  making,  setting  up  and  taking  down  frames, 
scaffolds  and  false  work,  excluding  all  work  in  tunnels,  sub- 
ways or  caissons,  for  which  use  proper  classifications  and 
rates 5  25 

Concrete  Work:  Foundations  for  piers,  or  abutments  for  bridges 
(Not  concrete  bridges),  retaining  walls,  water  conduits  (no 
tunneling),  and  other  structures  (not  buildings,  bridges  or 
dams).  Pay-roll  to  include  those  engaged  in  making,  setting 
up  and  taking  down  frames,  scaffolds  and  false  work,  exclu- 
ding all  work  in  tunnels,  subways  or  caissons,  for  which  use 
proper  classifications  and  rates 6  12 

t Concrete  Work:  Grain  Elevators.  Pay-roll  to  include  those  en- 
gaged in  making,  setting  up  and  taking  down  frames,  scaf- 
folds and  false  work  (Refer  to  executive  office  if  unlimited 
insurance  is  desired) 9  10 

Conduits,   already   constructed  underground    (placing   electrical 

cable  or  wire  therein) 3  06 

^Conduits  for  electric  wires — Construction  work  (No  blasting) .  .   5  25 

^Contractors  building  wooden  or  frame  private  residences,  flats, 
apartments,  flats  with  stores  underneath,  one-story  stores 
and  stores  with  offices  above,  private  stables  and  private 
garages,  exclusively  and  buildings  not  mercantile  or  factory, 
all  not  exceeding  three  stories  and  basement  in  height,  in- 
cluding jobbing  work  connected  therewith  (No  blasting). 
Not  available  for  coverage  in  a  policy  which  also  covers  other 

classes  of  building  construction 3  32 

NOTE. — This  classification  does  not  include  the  erection  of 
churches,  theaters  or  buildings  intended  for  State,  county  or 
municipal  use,  such  as  courthouses,  city  halls  or  capitol  build- 
ings. 

^Contractors  building  private  residences,  flats,  apartments,  flats 
with  stores  underneath,  one-story  stores  and  stores  with 
offices  above,  private  stables  and  private  garages  exclusively, 
and  buildings  not  mercantile  or  factory,  all  not  exceeding 
three  stories  and  basement  in  height,  where  outside  walls 
above  foundations  are  wholly  or  in  part  of  masonry  or  con- 
crete, including  jobbing  work  connected  therewith  (no  blast- 
ing).    Not    available  for  coverage  in  a    policy  which  also 

covers  other  classes  of  building  construction 4  20 

NOTE. — This  classification  does  not  include  the  erection  of 
churches,  theaters  or  buildings  intended  for  State,  county  or 
municipal  use,  such  as  courthouses,  city  halls  or  capitol  build- 
ings. 


474  hillyer's  legal  manual. 

Kate 
Contractors,  General — Where  all  work  is  subcontracted,  or  where 
contractor  performs  work  involving  more  than  one  manual 
classification: 

(a)  For  watchmen  and  time-keepers  only 4  37 

(b)  For  superintendent,  watchmen  and  cleaners 4  37 

(c)  Officers  and  employees  supervising  work 4  37 

NOTE. — Superintendence  only  cannot  be  insured  except  at  the 

highest  rated  manual  classification  for  any  direct  work  in- 
volved. 
Conveyors — Coal    and   ash,   installation   of    (in   connection   with 

power  and  manufacturing  plants) 7  44 

Conveyors  and  Hoisting  Apparatus — Coal  and  ore,  installation  of 

in  connection  with  docks) 11  03 

Coppersmiths  (away  from  shop) 6  12 

Coppersmiths — Installing  and  erecting  appliances,  copper  and 
other  sheet  metals,  wholly  inside  buildings  not  in  course  of 

construction 2  62 

Cornices  and  Skylights,  repairing  and  erecting 6  12 

Corrugated   Iron  Buildings — Erecting  on   or  covering  buildings 

already  constructed  (No  structural  steel  work) 6  12 

Cranes  and  Derricks — Installation  of 7  44 

Crib  Work 6  12 

*Dams — See  Waterworks  (No  blasting). 

Decorators,  interior  and  exterior — Hanging  flags  and  bunting  for 

conventions  and  celebrations 4  81 

Decorators — Within  buildings  only 2  01 

♦Diamond  Drilling   (No  blasting) 2  62 

*Ditch    Digging — Irrigation    or    drainage    only.     (No    sewer    or 

canal  building,  no  blasting) 3  76 

Divers 11  37 

Door,  window  frame  or  sash,  erecting  and  repair — Metal  or  metal 

covered 2  62 

Dredging — By   floating   dredges 5  25 

Drilling  Work — Prospecting  for  ore  (No  shaft  sinking,  no  blast- 
ing)     2  62 

Driving  of  wells  for  salt  mining 2  62 

fDry  Docks — Construction  of  (No  blasting) 7  35 

tDry   (floating)   Docks — Construction  of 5  69 

fDry  Docks — Operating  docks  and  repairing  of  vessels  only  (No 

construction  of  docks) 9  62 

Dumbwaiters — Installation  of 3  32 

Electrical  apparatus,  erection  and  repair  work  only,  including  the 
making  of  service  connections  and  the  installation  of  equip- 
ment in  power  plants,  excluding  erection  of  poles  and  string- 
ing of  wires 3  06 

Electrical  equipment,  installation  and  repairs,  within  buildings, 
and   on  buildings  incidental  to  inside  work,  including  the 


SCHEDULE.  475 

Rate 
making  of  service  connections  for  such  work,  excluding  the 

installation  of  equipment  in  power  plants 2  01 

Electric  Light  and  Power  Companies — Construction  of  transmis- 
sion lines  not  intended  for  local  distribution 6  56 

Electric  Light  and  Power  Companies — Construction  work  exclu- 
sively with  erection  of  poles 6  56 

Elevators  (Passenger  or  freight),  erecting 6  12 

Elevators  (Passenger  or  freight),  repairing  only 3  50 

Elevator  Gates^ — Installation  of  safety  gates 2  62 

Engines  (Steam) — Installation  of 4  37 

t  Excavating  for  bases  of  dams,  retaining  walls  and  bridge  found- 
ations— No  caisson  work  or  cellar  excavation  (Refer  to  ex- 
ecutive office  if  unlimited  insurance  is  desired) 6  12 

Farm  Machinery — Erecting,  repairing,  testing  and  demonstrating  3  50 

Fences — Wood,  stone,  metal  or  concrete,  construction  of 2  36 

Fire  Alarms — Municipal  systems,  construction  of 5  25 

Fire  Escapes — Erecting  and  repairing 9  10 

Fire  inspection  of  mercantile  and  manufacturing  plants  and  simi- 
lar risks 2  19 

Fireproof  Construction — By  means  of  w^ire  lathing  and  concret- 
ing, excluding  roofs,  floors  and  horizontal  surfaces 6  12 

Fireproof     Construction — Reinforced     or     suspended     concrete 
floors.     See  "Concrete  Work:  Buildings,  reinforced  concrete 
construction,"  etc. 
Fireproof  Doors  and  Shutters — Erecting  and  repairing  inside  of 

buildings  exclusively 2  62 

Fireproof  Doors  and  Shutters — Erecting  and  repairing  outside  of 

buildings 9  10 

Fireproof  Tiles — Construction  and  repair 6  12 

Floor  surfacing  by  machines  operated  by  electricity 2  45 

Fumigation  of  buildings 1  14 

Furnaces   (Heaters  or  stoves) — Putting  together  and  setting  up 

in  private  residences  only 2  01 

Galvanized  Iron  and  Sheet  Iron  Workers — Erecting  and  repair- 
ing   (No  tank   erection) 6  12 

Gas    Machines,    Acetylene — Installation    in    country    residences, 

churches   and   factories 3  50 

Gas,  steam  and  hot-water  apparatus,  fitters  and  installation  of 
ventilating  plants   (shop  and  outside).     Must  include  shop 

pay-roll,  if  any 2  01 

*Gas  Works — Laying  of  mains  and  connections  (No  tunneling  or 
blasting).     Rates     include     gas     explosion,     inhalation     or 

asphyxiation 5  25 

General  Contractors.     See  "Contractors,  general." 

Glaziers  (Away  from  shop) 2  19 

Grading  Land — No  canal  or  cellar  excavation,  excluding  railroad 
construction  and  road  or  street  making  (No  quarrying  or 
blasting) 3  06 


476  HILLYER^S  LEGAL   MANUAL. 

Rate 

Gravity  Chutes — Erection  of 4  37 

Hod  Hoists — Installation,  operation  and  removal  of  hod  elevator 

and  construction  hoists 7  87 

Hot-house  Erection 2  63 

House  Furnishing  (Not  otherwise  classified) — Installation  of . .  87 

Iron  and  Steel  Lock  Gates — Construction  and  installation 10  94 

tiron    "Work — Erecting    steel    and    iron    frame    structures    (No 

bridge  building) 12  25 

Iron  "Work — Erecting  balconies,  fire-escapes,  railings,  staircases, 

coal  chutes,  iron  shutters  (Outside  of  buildings) 9  10 

Iron  Work — Placing  iron  or  steel  store  fronts  as  alterations  of 

existing  building  (No  new  construction) 9  19 

Iron,  Ornamental.  See  Ornamental  brass,  bronze  and  iron  works 
within  buildings — Erecting . 

Jetty  and  breakwater  building 6  12 

Jobbing  "Work  on  Buildings,  other  than  private  residences,  exclud- 
ing iron  and  steel  frame  erection  and  the  demolition  of  build- 
ings   5  25 

Ladders — Installation  of,  in  buildings,  together  with  rollers  and 

tracks  for  same 2  36 

Lamplighters 2  39 

^Landscape  Garden  Work  (No  blasting) 2  80 

Lathers 2  19 

Leather  Belting — Installation  and  repair 3  06 

Lightning  Rods — Erecting 6  12 

Light  Prisms — Erecting  and  repairing  (except  in  pavements  and 

grade  floors) 7  87 

Light  Prisms — In  pavements  and  grade  floors,  erecting  and  re- 
pairing     2  45 

Locksmiths^ — Repairing,  fitting  and  installing  locks  in  completed 

buildings  (Including  shop  and  outside  work) 1  14 

Mail  Chutes  in  office  buildings — Installation  of   2  36 

Mailing  Machines — Installation  of.     See  "Millwrights." 

Mantel  Setters  and  Repairers 1  75 

Marble  and  Stone  Setters — Inside  construction 1  75 

*Marble  and  Stone  Setters — Away  from  shop  (No  blasting) 6  12 

Marble  and  Stone  Work — Decoration  in  place  only 4  37 

Marine  Railway — Construction  of 5  69 

fMarine  Railway — Handling  boats,  displacement  80  tons  or  less.  .   2  80 
fMarine  Railways — Handling  boats,  displacement  over  80  tons. .   6  12 

f  *Masonry  Bridges — Other  than  concrete  (No  blasting) 7  44 

t*Masonry  Work — Building  chimneys  only  (No  structural  iron  or 

steel)   (No  blasting) 9  80 

*Masonry  Work — (Not  otherwise  classified)   (No  blasting) 6  12 

Masonry  work  in  connection  with  sewers  should  take  the  sewer 
rate  and  not  the  "Masonry  Work  (Not  otherwise  classified)  " 
rate.  This  rate  to  be  applied,  irrespective  of  whether  the 
General  Contractor  subcontracts  the  masonry  work  or  does  it 
himself. 


INDUSTRIAL  ACCIDENTS — CONTRACTORS '   SCHEDULE.  477 

Rate 
Mausoleums,  Monuments  and  Mortuary  Work — Erecting  only. ...  4  81 
Merry-go-rounds,    Swings    and    other    similar    circular,   movable 
amusement  devices — Dismantling,  removing,  erecting  and  re- 
pairing    7  00 

Metal  Ceiling  Work — Installation  away  from  shop 2  19 

Metallic  Lathing 2  79 

Millwrights^ — Erecting  and  repairing  machinery 3  50 

Mosaic  Work — Floors  only,  within  buildings 1  49 

Mural  Decorations  and  setting  stained  glass  windows  in  churches 

and  public  buildings 2  01 

Office  Furniture  and  Fixtures — Metal,  erection  of 1  92 

Oil  Producing — Including  the  driving  of  wells  and  putting  raw 

product  in  vessels  or  pipe-lines  for  transportation 2  62 

Ornamental  brass,  bronze  and  iron  work  within  buildings — Erect- 
ing     5  25 

Owners  engaged  in  construction  work,  or  for  whom  construction 
work  is  being  done.     See  "Contractors,  General." 

Oxy acetylene  Welding   (Autogenous  welding) 9  19 

Packers — Packing  and  unpacking  furniture  and  other  household 
utensils.     See  rates  Warehouse  and  Store  Schedule,  "Storage 
furniture." 
Teams — Policy  must  also  be  carried  to  cover  moving  operations. 

Painting  and  Decorating  (Away  from  shop) 4  81 

Painting  and  Decorating — Interior  work  exclusively  (Away  from 

shop) 2  01 

Paper-hangers 2  01 

Parquet  Floor  Laying 1  49 

Paviors  (Not  otherwise  classified),  including  shop  and  yard 2  45 

Pile-drivers — Including  timber  wharf  building  thereon,  if  any . .   6  12 

Pile-driving  for  building  foundations 6  12 

Plaster  Board — Erecting  away  from  shop 2  19 

Plaster  Block  (Not  fireproof  tile).  Partitions,  erection  of,  inside  of 

buildings 2  19 

Plasterers 2  19 

Plumbers  (Including  house  connections).  Must  include  shop  pay- 
roll, if  any 2  01 

Pneumatic  Tubes — Installation  of,  including  construction  of  con- 
duits and  manholes,  and  care  and  maintenance  of  same  (no 

blasting) 5  25 

Portable  Bakers'  Ovens — Installation  or  removal 2  36 

Portable  Buildings — Erection  of 3  50 

Pumps — Erection  or  installation 3  50 

^Railroad  Construction — Steam  (no  blasting,  tunneling  or  bridge 
building),  including  incidental  culverts  not  more  than  10-foot 

span  and  steam  shovel  work 6  12 

•Railroad  Construction — Steam  (no  blasting,  tunneling  or  bridge 
building),  including  incidental  culverts  not  more  than  10-foot 
span  (no  steam  shovel).  (Not  available  for  division  of  pay- 
roll)    4  81 


478  hillyer's  legal  manual. 

Rate 
♦Railroad  Construction — Electric,  horse  or  cable,  with  or  without 
installation  of  electric  equipment  or  pole  lines  connected 
therewith,  including  incidental  culverts  not  more  than  10-foot 
span ;  interurban  lines  exclusively  (no  blasting,  tunneling  or 
bridge  building).  (Not  available  for  division  of  pay-roll) ...  4  81 
*Railroad  Construction — Electric,  horse  or  cable,  with  or  without 
installation  of  electric  equipment  or  pole  lines  connected 
therewith,  including  incidental  culverts  not  more  than  10-foot 
span ;  urban  lines  entirely  within  the  corporate  limits  of  any 
one  city  or  town  (no  blasting,  tunneling  or  bridge  building). 

(Not  available  for  division  of  pay-roll) 4  11 

Railroad    Construction — Electric,   horse  or  cable  (not    including 
third  rail  system).     Laying  or  relaying  of  rails  exclusively. 

(Not  available  for  divided  pay-rolls) 4  11 

Railroad  Construction — Electric — Rail  joint  welding  in  street  by 

molten  metal  or  electricity 8  75 

Railroad  Signal  erection  or  installation  (not  including  operation 

of  railroad) 5  25 

*Refrigerating  Company — Excavation  and  laying  and  repair  of 

pipe-lines  (no  blasting) 5  25 

Refrigerating  Machinery — Installation  of 3  50 

Riggers — Ship  or  boat 4  55 

fRiggers — Not  ship  or  boat 9  10 

*Road  or  Street  Making  (no  quarrying),  including  incidental  cul- 
verts not  more  than  10-foot  span  (no  blasting) 3  06 

Roofers^ — Using  exclusively  felt,  paper,  pitch  or  any  bituminous 
material,  with  or  without  a  finished  surface  of  gravel,  slag  or 

flat  tile  (not  overlapping) 4  81 

Roofers,  not  otherwise  classified 6  12 

Safe  Movers 10  50 

Safety  Tread^ — Erection  and  installation 2  89 

Salt  Mining — Including  driving  wells 2  62 

t*Salvage  Operations — In  buildings  previously  damaged  by  fire, 
all  operations  incidental  thereto,  including  handling,  storing 

and  distributing  goods  (no  blasting) 12  25 

*Sand  and  Gravel  Diggers — (No  canal,  sewer  or  cellar  excavation 

or  grading ;  no  blasting) 4  37 

Sand  Excavation  by  means  of  suction  dredges,  including  loading 

and  unloading  at  docks,  wharves  and  elsewhere 4  37 

Scaffolds — Installation,  operation  and  removal  of 7  87 

NOTE. — This   classification   is   available   only   to    concerns   en- 
gaged in  installing  and  leasing  scaffolds  to  contractors,  includ- 
ing the  operation  and  removal  of  same  when  work  has  been 
completed. 
t*Scrap  Iron  and  Junk  Dealers — Away  from  shop  (no  blasting) 

(refer  to  executive  office  if  unlimited  insurance  is  desired) .  .12  25 

tSewer  Building— No  limit  of  depth 11  03 

t Sewer  Building — Maximum  depth  of  excavation  7  feet  at  any 

point.     (Not  available  for  division  of  pay-roll) 9  10 


INDUSTRIAL   ACCIDENTS — CONTRACTORS^    SCHEDULE.  479 

Rate 
Masonry  work  in  connection  with  sewers  should  take  the  sewer 
rate  and  not  the  ''Masonry  Work  (not  otherwise  classified)" 
rate.     This  rate  to  be  applied  irrespective  of  whether  the  Gen- 
eral  Contractor  subcontracts   the   masonry  work  or   does   it 
himself. 
Sewer  Cleaning — Done  by  inserting  a  cylinder  at  one  manhole  and 
connecting  it  with  rods  from  the  next  manhole  and   draw- 
ing it  through  the  sewer,  taking  out  the  sediment  in  buckets..  6  12 
*Sewage  Disposal  Plants — Construction  of,  for  private  houses,  in- 
stitutions or  hotels,  and  not  connected  with  public  sewers  (no 

blasting) 6  12 

*Sewage  Disposal  Plants,  public — Not  sewer  construction  or  blast- 
ing     7  44 

f^Shaft  Sinking .12  25 

Ship  or  Boat  Builders — Wood,  where  staging  or  scaffolding  is 

used,  not  otherwise  classified  (including  shop  and  j^ard  work)   5  95 
Ship  or  Boat  Builders — How,  where  staging  or  scaffolding  is  used. 

not  otherwise  classified  (including  shop  and  yard  work) 5  95 

Shipwrights — Repairing  vessels  or  the  machinery  therein,  while 

afloat  or  upon  a  dry  dock 7  87 

Showcases,  outside — Erection  and  installation  of 2  01 

Shutter  Erecting  and  Repairs — Metal  or  metal  covered 9  10 

Sidewalk  calking 2  36 

Sign  (Advertising)  Mfrs. — Erecting  and  Repairing  (to  cover  only 

during  actual  performance  of  the  work) 4  37 

Sign  Painting  or  Lettering — In  buildings  or  structures 2  36 

Sign  Painting  or  Lettering — On  buildings  or  structures 4  29 

Silo  Erecting— Metal  (no  blasting) 12  60 

Silo  Erecting— Wood 7  44 

Slaters — Away  from  shop 6  12 

t*Smokestacks  and  Chimneys  (Metal) — Erecting  (No  blasting) .  .11  03 

t Smokestacks  and  Chimneys — Lining  of ^ 11  03 

*Snow  and  Ice — Removing  (No  blasting) .   3  50 

Soap  Dispensers — Installation  and  Inspection 1  14 

Soda  Water  Fountains — Installation  and  repair 2  01 

Staff  Workers — Erecting  buildings  or  structures 7  26 

Stairbuilding  (wooden) 2  80 

*State  or  Municipal  Road  or  Street  Making,  including  culverts 
not  exceeding  10-foot  span,  excluding  quarrying  or  blasting. 
This  classification  to  include  the  setting  up  and  taking  down 
of  road-making  equipment  and  appliances  at  the  place  of 
work  and  the  operation  of  road-making  machinery  or  ve- 
hicles, with  or  without  horses,  or  other  draft  animals;  also 
the  operation  of  trucks,  traction  engines  and  steam  rollers  or 
other  vehicles  (Not  automobiles)  in  connection  with  the  work 
of  transporting  material,  merchandise  and  equipment  to  and 
from  the  place  of  work.  The  wages  of  all  drivers,  helpers 
and  others  engaged  in  connection  therewith  to  be  included  in 
the  pay-roll  and  subjected  to  the  rates.     If  teams  are  hired 


480 

Rate 
by  contract,  including  drivers,  then  50  per  cent  of  the  con- 
tract price  of  the  teams  shall  be  accepted  in  lieu  of  drivers' 

wages 3  06 

For  quarrying  charge  upon  the  pay-roll  engaged,  the  rates 
given  in  the  manual  for  ''Quarries  (not  lime  or  cement)." 
Blasting  not  involved  in  quarrying  operations,  charge  manual 
rate. 
Statuary,  in  connection  with  mausoleums,  monuments  or  mortu- 
ary work — Erection  only 4  81 

Steam  Heating — Laying  of  mains  and  connections 5  25 

Steam  Pipes  or  Boilers — Applying  cork,  asbestos  and  other  non- 
conducting materials  to  same 2  01 

Street  Cleaners 2  62 

*Street  or  Road  Making — (No  quarrying)  Including  incidental 

culverts  not  more  than  10-foot  span  (No  blasting) 3  06 

tSubways' — ^For  passenger  and  freight    traffic — Open  cut  or  cut 

and  cover 12  25 

tSubways — ^For  passenger  and  freight  traffic — Tunneling  only. .  .12  25 

*Tank  or  Gas  Holders  (Metal)— Erecting  (No  blasting) 11  03 

Tank  (Wood)  Builders— Erecting 7  44 

Tank  (Metal) — Erecting,  within  buildings  exclusively 7  87 

Telegraph  or  Telephone — Construction  exclusively 5  25 

Telescopes — Erecting 2  01 

Theater  Stage  Rigging — Setting  up  ornamental,  architectural  and 
theater  iron  work  and  all  mechanical  effects  over  stages  of 
theaters,  including  hanging  of  signs,  setting  stairways,  iron 
beams  and  lintels,  all  included  in  the  operation  of  stage  rig- 
ging    7  00 

Thermostats — Installation  of 2  01 

Threshing  Machines  and  Shellers — Operation  of 5  25 

Tile  Work — For  decorative  floors,  wainscoting  and  interior  deco- 
ration     1  75 

Tinsmiths — Away  from  shop 6  12 

Traction  Harvester,  Threshing  Machine  and  Farm  Machinery — 

Operation  of 5  25 

Trees— Pruning,  spraying,  repairing,  trimming  and  fumigating, 

outside  limits  of  towns  and  cities 4  37 

Trees — Pruning,  spraying,  repairing,  trimming  and  fumigating, 

in  towns  and  cities 4  37 

Truck  Pointing  (Not  available  for  division  of  pay-roll).  This 
classification  to  apply  to  contractors  doing  this  work  exclu- 
sively    7  00 

fTunneling  (including  all  work  to  completion) 12  25 

fTunnel  Lining  only,  masonry  concrete  (for  previously  driven 
tunnels  otherwise  completed  by  other  contractors).  (This 
classification  not  available  if  lining  is  done  by  contractors 

constructing  tunnel) 6  12 

Upholsterers — Away  from  shop 87 


INDUSTRIAL   ACCIDENTS — CONTRACTORS — BAKERS.  481 

Rate 

Vacuum  Cleaning — By  means  of  portable  air  suction  cleaning  ma- 
chines— Rate  to  be  charged  on  all  wages,  including  drivers. .  2  01 

Vacuum  Cleaning  Systems — Installation  of 2  01 

Vaults,  Fire  and  Burglar  Proof — Construction  and  installation ...   5  69 

Vaults,  Prison  vaults  and  cells 9  19 

Waterproofing  cellars  and  foundations 2  36 

Waterproofing  in  or  on  structures  (Not  bridges)  by  means  of  felt, 

paper,  burlap  or  pitch  (No  roofing  and  no  subaqueous  work)  2  36 
f* Waterworks — Erection  of  stand-pipes    and    water-towers    (No 

blasting) 11  03 

^Waterworks — Construction  of  pumping  stations,  dams  and  res- 
ervoirs (No  blasting) 6  12 

^Waterworks — Laying  of  mains  and  connections  (No  blasting).. .   5  25 

Weather  Strips,  in  windows  and  doors — Installation  of 1  49 

Windmill  Erecting 6  12 

Window  Calking 7  00 

Window  Cleaning 6  12 

Window  Cleaning  Devices — Installation  of  outside  buildings. ...   7  00 

Window  Frames  (Metal) — Setting  in  buildings 2  62 

Window  Opening  Devices — Installation  of 2  36 

Wire    Work    (Interior) — Erection    only,    excluding    ornamental 

brass,  bronze  or  iron  work 2  36 

t*Wreckers — Marine,  including  salvage  operations  (No  blasting).  7  00 
f* Wreckers — Not  marine   (No  blasting) 12  25 


BAKERS,  CONFECTIONERS,  ETC.,  SCHEDULE. 

Minimum  Premium,  $1.50. 
Adding  sugar  to  cocoa  by  means  of  automatic  mixer,  including 
packing  and  labeling  of  product  (Not  available  for  division 

of  pay-roll) 157 

Bakers  (Bread,  biscuit  and  cracker) 1  31 

Baking  Powder  Mfrs 1  31 

Candy  Mfrs 1  57 

Chewing  Gum  Mfrs 1  31 

Chocolate  Mfrs 1  31 

Cocoa  Mfrs 1  31 

Confectionery  Mfrs 1  57 

Cracker  Mfrs 1  31 

Ice  Cream  Mfrs 1  31 

Licorice  Mfrs 1  31 

Macaroni  Mfrs 131 

Pure  Food  Mfrs.  (No  milling) 1  31 

Yeast  Mfrs 1  31 

31 


482  hillyer's  legal  manual. 

CHEMICAL  PAINT  AND  DRUG  SCHEDULE. 

Minimum  Premium,  $1.50. 

Rate 

Acid  Mfrs.  (Not  otherwise  classified) 3  33 

Aerated  Water  Mfrs 3  70 

Alcohol  and  Acetic  Acid  Mfrs 1  49 

Alum  Mfrs 2  22 

Anunonia  Mfrs 3  33 

Aniline  and  Alizarine  Mfrs 2  40 

Arsenic  Mfrs 3  33 

Assayers  and  Analytical  Chemists  (Not  available  for  division  of 

pay-roll),  shop  work  only 2  31 

Benzine  Mfrs .*. 3  70 

Bleaching  Powder  Mfrs 2  22 

Boiler  Preservative  Compounds  Mfrs 1  05 

Borax  Mfrs 2  22 

Camphor  Mfrs 1  49 

Capsule  (Gelatine)  Mfrs 1  05 

Carbonic  Acid  Gas  Mfrs 3  70 

Chemical  Mfrs.  (Not  otherwise  classified) 3  33 

Color  (Dry)  Mfrs 1  05 

Creosote  Mfrs 2  22 

Dental  Material  Mfrs 1  05 

Disinfectant  Mfrs 3  33 

Drug  Mfrs.  (Grinding  medicines) 1  05 

Essential  Oils— Distillation  of 1  05 

Extract  (Dyewood)  Mfrs 2  40 

Extract  (Tanning)'  Mfrs 2  40 

Flavoring  Extract  Mfrs 1  05 

Hydrogen  and  Oxygen  Mfrs 3  70 

Lead  (Red)  Mfrs 3  24 

Lead    (White)    Mfrs 3  24 

Medicinal  Extract  Mfrs 1  05 

Mineral  Water  Mfrs 3  70 

Paint  ]\rfrs.   (No  lead  mfg.) 1  05 

Patent  Medicine  Mfrs 1  05 

Perfumery  and  Flavoring  Essence  Mfrs 1  05 

Pharmaceutists 1  05 

Pharmaceutical  Goods  Mfrs.  (Bandages,  porous  plasters,  and  like 

fabrics,  not  otherwise  classified) 1  05 

Puttv  Mfrs 1  05 

Saltpetre  Mfrs 2  22 

Soda  Ash  Mfrs 2  22 

Soda-bicarbonate   Mfrs 1  05 

Sulphur  Mfrs 3  33 

Tartaric  Acid,  Mfrs 1  49 

Varnish  Mfrs 3  33 


INDUSTRIAL   ACCIDENTS — CHEMICALS,  COACHES,  ELECTRIC.  483 

Rate 

Vitriol  Mfrs 3  33 

Whiting  Mfrs 1  05 

Wood  Preservative  Mfrs 2  22 

Wool  Extract  Mfrs.  (Lanoline) 1  57 


COACH,  CARRIAGE  AND  WAGON  SCHEDULE. 

Minimum  Premium,  $1.88. 

Stamping — All  rates  in  this  schedule  include  stamping  hazard,  if 
any. 

Automobile  Body  (Metal  or  wood)  Mfrs 2  25 

Automobile  Mfrs 1  2.6 

NOTE. — This  classification  applies  only  to  concerns  turning 
out  automobiles  as  finished  products,  including  the  manu- 
facturing of  such  parts  as  they  may  manufacture  themselves, 
with  assembling  and  finishing  of  automobiles,  and  is  not  appli- 
cable to  concerns  engaged  in  the  manufacture  of  specific 
parts,  such  as  motors,  bodies,  castings  and  the  like. 
Automobile  Mfrs.  (Assembling  of  manufactured  parts  only)   (not 

available  for  division  of  pay-roll) 99 

Axle  (Wood)  Mfrs 2  25 

Baby  Carriage  Mfrs 99 

Car  (railroad)  Mfrs.  (No  steel  cars) 4  05 

Carriage,  Coach  and  Wagon  Mfrs.  (Not  manufacturing  railroad 

cars) 1  17 

Carriage,  Coach  and  Wagon  Mfrs.   (Assembling  of  manufactured 

parts  only) — Not  available  for  division  of  pay-roll 90 

Railroad  Car  Mfrs.  (No  steel  cars) 4  05 

Wheel  (Wood)  Mfrs 2  25 

ELECTRIC  SCHEDULE. 

Minimum  Premium,  $3.00. 

Electric  Light  and  Power  Companies — Operation,  maintenance, 

extension  of  lines,  and  making  of  service  connections 6  94 

Electric  Light  and  Power  Companies — Operation,  maintenance, 
extension  of  lines  and  making  of  service  connections,  oper- 
ating no  power  plant — Power  purchased  from  others.  Add  50 
per  cent  to  manual  rates. 

Electric  Light  and  Power  Companies — ^Transmission  lines  not  for 

local  distribution 6  94 

Electric  Light  and  Power  Companies — OflSce  employees  not  ex- 
posed to  operating  hazard 65 

Telegraph  and  Telephone   Companies — Operation,  maintenance, 

extension  of  lines  and  making  of  service  connections 5  55 


484 

Rate 
Telegraph  and  Telephone  Companies — Office  and  exchange  em- 
ployees only 65 

If  manufacturing  or  mercantile  plants  insured  at  the  manu- 
facturing or  mercantile  rates  applicable  thereto  are  engaged 
in  the  generating  of  electricity  and  supplying  the  same  or 
any  part  thereof  to  other  plants  or  buildings,  the  manufactur- 
ing or  mercantile  rate  applicable  to  the  plant  or  location 
covered  shall  be  applied  to  all  pay-rolls  in  that  plant,  includ- 
ing the  pay-roll  engaged  in  the  generation  and  distribution 
of  the  electric  current,  and  in  addition  thereto  there  shall  be 
charged  as  an  extra  rate  upon  that  portion  of  the  pay-roll 
actually  engaged  in  the  generation  and  distribution  of  electric 
current,  including  the  maintenance  of  the  equipment,  a  rate 
equal  to  50  per  cent  of  the  rates  stated  in  the  Electric 
Schedule  under  the  classification  "Electric  Light  and  Power 
Companies."  This  rule  shall  not  apply  to  public  service  or 
public  utilities  plant  nor  to  any  plant  having  for  its  sole  or 
principal  purpose  the  generation  and  distribution  of  electric 
current. 

NOTE. — Any  construction  work  in  connection  with  any  risk 
insured  under  the  Electric  Schedule  to  be  included  at  the  rate 
for  operation,  maintenance  and  extension  of  lines. 

LEATHER  AND  SHOE  SCHEDULE. 

Minimum  Premium,  $1.50. 

Bag  Mfrs. — Traveling,  portmanteau  and  valise 99 

Baseball  Mfrs.    81 

Boot  and  Shoe  Mfrs 65 

Boot    and    Shoe   Pattern    Mfrs.    (not    available   for   division   of 

pay-roll)  1  44 

Counter,  Heel  and  Sole  Cutters — Entire  pay-roll  to  be  included 
without  division,  except  that  manual  rate  may  be  applied  to 

office  pay-roll   1  80 

Counter,  Heel  and  Sole  Cutters — No  hand-fed  dinking  or  stamp- 
ing machines,  operated  by  mechanical  power 1  44 

Curriers   1  62 

Cut  Sole  Mfrs. — Entire  pay-roll  to  be  included  without  division, 

except  that  manual  rate  may  be  applied  to  office  pay-roll 1  80 

Cut   Sole   Mfrs. — No   hand-fed   dinking   or   stamping   machines, 

operated  by  mechanical  power 1  44 

Cutting  Upper  Leather — Handwork  only 1  44 

Degreasing   Skins — Being   a   process   of   removing    grease   from 
skins,  both  tanned  and  untanned,  by  means  of  a  naphtha 

medium 6  75 

Embossed  Leather  Mfrs 4  05 


INDUSTRIAL  ACCIDENTS — LEATHER  AND   SHOE,   ETC.,  SCHEDULES.  485 

Rate 

Enamel  Leather  Mf rs.   ...;...; 1  62 

Glove  Mfrs.  (leather)   65 

Glove  Dressers  1  35 

Harness  and  Saddle  Mfrs 1  53 

Leather  Belting  Mfrs 1  08 

Leather  Board   Mfrs.    (from   leather  scraps)    1  80 

Leather  Dressers   1  80 

Leather  Embossing  4  05 

Leather  Wearing  Apparel  and  Novelties 90 

Mail  Bag  or  Pouch  Mfrs 1  08 

Morocco  Dressers 1  80 

Patent  Leather  Mfrs 1  62 

Pocketbook  Mfrs 1  08 

Shoe  and  Boot  Mfrs 65 

Shoe  Stock  Mfrs. — Entire  pay-roll  to  be  included  without  divi- 
sion, except  that  manual  rate  may  be  applied  to  office  pay- 
roll   180 

Shoe  Stock  Mfrs. — No  hand-fed  dinking  or  stamping  machines 

operated  by  mechanical  power. 1  44 

Slipper  Mfrs 65 

Tanners 1  62 

Trunk  Mfrs.   (leather) 2  70 

Wool  Pullers — Consisting  of  washing  the  wool  on  the  hide  under 
high  water  pressure.  Operation  of  a  machine  which  removes 
all  burrs  and  impurities  from  the  wool,  also  a  fleshing  ma- 
chine which  removes  the  extra  particles  from  the  hide,  the 

above  process  being  preparatory  to  tanning 1  62 


LUMBER  SCHEDULE. 

Minimum  Premium,  $1,88. 

Bark  Mills    4  81 

Bark  Peeling 4  81 

Box  Mfrs. — No  machinery   1  66 

Box  Mfrs.— Steam 2  96 

Box  Mfrs.— Cigar   1  66 

Box  Mfrs.   (wire  bound) — No  manufacturing  of  lumber  used  in 

constructing  such  boxes 2  03 

Cooperage  Stock  Mfrs. — Heads,  hoops,  staves,  etc 4  81 

Excelsior  Mfrs 4  81 

Lath  Mfrs 4  81 

Last  Block  Mfrs 2  96 

Logging  and  Lumbering  Operations  with  transportation  of  logs 

to  mill  (not  including  operations  of  logging  railroad) 4  16 

Logging  Railroad — Operation  and  maintenance  of,  not  including 
accidents  to  passengers  (including  maintenance  and  exten- 
sion of  existing  lines) 11  20 


486  hillyer's  legal  manual. 

Rate 
Lumber-yard    Employees     (Commercial    yards    only)     no    mill 

hazard 2  40 

Lumber  Yard  Employees  (not  commercial  yard) — To  take  high- 
est rate  for  any  mill  connected  therewith. 

Packing  Case  Mfrs. — No  machinery 1  66 

Packing  Case  Mfrs.— Steam 2  96 

Planing  and  Moulding  Mills 3  42 

Sash,  Door  and  Blind  Mfrs.  (including  outside  employees  solicit- 
ing and  measuring  only) 3  42 

Sawmills   (Including  all  employees  whose   duties  require  their 

presence  in  the  mill) .' 4  81 

Shingle  Mfrs 4  81 

Stave  Mfrs 4  81 

Veneer  Mfrs 4  81 

Woodyard  Employees  handling  wood  exclusively    (Commercial 

yard  only) — No  mill  hazard 2  40 

MEAT    PACKING  HOUSE    AND    STOCKYARD 
SCHEDULE. 

Minimum  Premium,  $1.50. 

Cattle  Dealers  (Not  operating  stockyards ;  not  shipping) 4  53 

Livestock  Shippers 6  47 

Packing-houses  (No  handling  of  livestock  or  slaughtering) 2  90 

Packing-houses — Including  handling  of  cattle  and  slaughtering: 

Annual  Pay-roll  of  $100,000  or  less 3  24 

Annual  Pay-roll  in  excess  of  $100,000 4  53 

Pork  Packers  (See  Packing-houses). 

Refrigerator  Cars — Loading  and  unloading   of,   and   caring  for 

freight  in  cars  during  transit 2  83 

Sausage  Mfrs 2  90 

Sausage  Case  Mfrs 2  90 

Slaughtermen 5  83 

Stockyards  with  railroad  entry  with  or  without  slaughtering 6  47 

METAL  SCHEDULE. 

Minimum  Premium,  $1.50. 

Stamping. — The  term  "stamping"  as  used  in  this  manual  applies  • 
whenever  metals  are  cut,  shaped,  pressed  or  stamped  by  steam 
or  other  mechanical  power,  and  the  feeding  of  the  material 
is  done  by  hand,  but  not  automatically.  Classifications  in 
this  schedule  marked  with  a  star  (*)  do  not  include  stamp- 
ing within  the  rate  named,  while  all  other  classifications  not 


INDUSTRIAL    ACCIDENTS — MEAT    AND    METAL    SCHEDULES.  487 

Kate 
so  marked  include  the  stamping  incidental  to  the  process  de- 
scribed in  the  classification.  Where  stamping  is  to  be 
separately  rated  and  charged  for,  as  it  must  be  in  the  classi- 
fications marked  with  a  star  (*),  the  pay-roll  of  operatives 
employed  in  the  work  as  above  defined  shall  be  kept  separate 
from   the    general   pay-roll,    and    a    premium   rate    charged 

thereon  of 16  50 

Acetylene  Gas  Machine  Mf rs 2  16 

xidding  Machine  Mfrs 1  05 

Aerated  and  Soda  Water  Apparatus  Mfrs 2  16 

Aeroplane  Mfrs.,  including  overhauling  and  repairing  in  shop  and 

outside,  excluding  operation  and  demonstration 2  16 

Agate  and  Enamel  Ware  Mfrs 6  94 

Aluminum  Ware  Mfrs.,  from  sheet  aluminum  (No  rolling-mill  or 

smelting  operations) 3  33 

Anchor  Mfrs 2  52 

Annunciator  Mfrs 1  14 

Arms  (Small  arms)  Mfrs.   (Not  charging  shells) 1  14 

Arms   (Heavy  ordnance)   Mfrs 2  52 

Autogenous  Welding  (Oxy acetylene  process)  shop  only 5  18 

Automatic  Slot  or  Vending  Machines,  Mfrs.  of  (Including  installa- 
tion in  place,  repairs  and  taking  down) 1  80 

Automobile  Engine  Mfrs. : 

With  foundry 2  25 

Without  foundry 1  80 

Automobile  Frame  Mfrs 3  51 

Automobile  Lamp  and  Lantern  Mfrs. — Available  only  to  manu- 
facturers who  solely  manufacture  automobile  lamps  and 
lanterns.     This  classification  not  to  be  used  for  purpose  of 

divided    pay-roll 2  07 

Automobile  Radiator  Mfrs 1  22 

Automatic  Sprinkler  Mfrs 1  22 

Axe  Mfrs.— With  foundry 2  25 

Axe  Mfrs.— Without  foundry 1  80 

Axle  (Metal)  Mfrs 2  25 

Babbitt  Metal  Mfrs 1  80 

*Badge  (Metal)  Mfrs 1  80 

Battery  (Storage)  Mfrs.  (Manufactured  from  lead  plates) 4  44 

Bedstead  Mfrs.    (Metal) 1  80 

Bedstead    (Metal) — Assembling    manufactured    parts    only    (No 

stamping) 1  22 

Bell  Foundry 2  25 

Bicycle  and  Bicycle  Parts  Mfrs.    (Including  the  assembling  of 

bicycles) 1  14 

Blacksmiths — (Not  shoeing).     No  division  of  pay-roll  between 

those  shoeing  and  not  shoeing 1  80 

Blacksmiths — Shoeing.     No    division    of    pay-roll    between    those 

shoeing  and  not  shoeing 4  53 


488  hillyer's  legal  manual. 

Rate 
Blacksmiths — Shoeing  (Including  leading  or  driving  animals  of 

customers  to  and  from  shop) 4  53 

Boilermakers 5  18 

Bolt  and  Nut  Mfrs 1  80 

Boot  and  Shoe  Machinery  Mfrs.   (Exclusively) 1  62 

Brass  Foundry 2  25 

Brass  Goods  Mfrs 1  80 

Brass  or  Copper — Rolling  sheets,  drawing  wire  or  tubing,  cold 

process 4  44 

Bridge   Works 7  77 

Button    (Metal)    Mfrs 1  80 

Cable    (Wire)   Mfrs 3  88 

Can  Mfrs 8  32 

Carbureter  Manufacturing  exclusively 1  89 

Card   Clothing   Mfrs 1  22 

Carriage  Dashes  and  Carriage  Tops  Mfrs.  (Not  wooden) 1  53 

Car   Wheel   Mfrs 5  36 

Cash  Register  Mfrs 1  05 

Cast  Iron  Pipe  Mfrs 4  16 

Chain  Mfrs 2  52 

Chandelier  Mfrs 1  80 

Clock  Mfrs 87 

Coffin  and  Casket  (Metal) 3  24 

Confectioners '  Machinery  Mfrs 1  62 

Copper  and  Zinc  Goods  Mfrs.  (No  rolling-mill,  no  smelting) ....  1  80 

Coppersmiths 1  80 

Cotton  Gin  Machinery  Mfrs 1  62 

Cutlery   (Not  safety  razor)   Mfrs 1  98 

Cutting  Dies  Mfrs 1  22 

Decorative  Wire  Mfrs.  (No  wire  drawing) 1  62 

Drop  Forging  Works  (Not  hardware) 2  52 

Electric  Apparatus  Mfrs 1  80 

Electric  Crane  Mfrs 4  53 

Electric  Fixtures  Mfrs 1  80 

Electric  Welding — Shop  only 5  18 

Elevator  Mfrs 2  25 

Enamel  and  Agate  Ware  Mfrs 6  94 

Eyelet  Mfrs 87 

Feed  Water  Heaters  Mfrs 2  25 

Feeders  and  Fire  Iron  Mfrs 2  25 

File  Mfrs 1  89 

Fire  Engine  Mfrs 2  34 

Fireproof   Equipment   Mfrs. — Including  herring-bone,   expanded 

metal  products,  metal  furniture,  filing  equipment  and  wood 

working 3  15 

Foundry  (Not  otherwise  classified) 2  52 

Foundry— Bell 2  25 

Foundry — Iron 2  52 


INDUSTRIAL    ACCIDENTS METAL    SCHEDULE.  489 

Rate. 

Foundry — Steel  castings 2  52 

Forging  Work — Handwork  only  (No  machinery) 1  80 

Forging  Work — Steam 2  52 

Furnace   Mf rs. — House  heaters 1  80 

Galvanized  Iron  Works — Shop 1  80 

Galvanizing  or  Tinning  Sheet   (Metal) — Exclusively   (Not  manu- 
facturing sheet  metal  or  metal  goods) 1  80 

Gas  and  Steam  Fitters — Shop  only 1  80 

Gas  or  Gasoline  Engine  Mfrs. —  (Not  automobile)    Including  en- 
gines for  boats  not  exceeding  150  horse-power 2  34 

Gas    Engine    Ignition   Apparatus    Mfrs.    (Not    available    to    Gas 

Engine  Mfrs.) 1  14 

Gas  and  Electric  Fixtures  Mfrs 1  80 

Gas  Holders 3  60 

Gas  Machines — Acetylene 2  16 

Gas  Meter  Mfrs 1  62 

Gauges  and  Valves  Mfrs 1  14 

Gear  Grinding  and  Manufacturing 1  71 

Gold  Leaf  Mfrs 87 

Gum  Vending  Machine  Mfrs 1  80 

Gun,  Rifle  and  Pistol  Mfrs.  (Not  charging  shells) 1  14 

^Hardware     (Builders)     Mfrs. — Butt    hinges,    locks,    door    bolts, 
window  catches,  lifts  and  such  other  light  hardware  as  is 

used  exclusively  for  the  trim  of  buildings 1  14 

*Hardware  (Carriage)  Mfrs.  (Not  otherwise  classified) 1  14 

*Hardware  (Saddlery)  Mfrs.  (Not  otherwise  classified) 1  14 

Horse  Shoe  Mfrs 1  80 

Ignition  Apparatus  for  gas  engine  mfrs.  (Not  manufacturing  gas 

engines) 1  14 

Instrument  (Professional  or  scientific)  Mfrs 87 

Iron  and  Steel  Works— Shop.     See  ''Steel  Works." 

Iron    Foundry 2  52 

Jewelry  Mfrs 61 

*Label  (Metal)  Mfrs 1  80 

Lamp   and  Lampshade   Mfrs.    (Metal   work,   including   plating). 
See  "Lamp  and  Lantern  Mfrs." 

*Lamp  and  Lantern  Mfrs 5  55 

^Lampshade  Mfrs 1  80 

Lawn  Mower  Mfrs 1  62 

Lead  Works — Sheet,  pipe,  shot  (No  smelting) 3  24 

*Lock  Mfrs 1  14 

Locomotive  Works 3  15 

Loom-harness,  Cop-tube  and  Shuttle  Mfrs 1  14 

Loom  Mfrs 1  14 

Machine  Shops — With  foundry 2  25 

Machine  Shops — Without  foundry 1  80 

Magnet  Mfrs 1  22 

*Mail  Box  Mfrs 1  62 


490 

Rate 

Mailing  Machine  Mf rs 1  80 

Malleable  Iron  Works 2  52 

Marine  Engine  Mfrs. — Not  more  than  150  horse-power  (No  divi- 
sion of  pay-roll) — With  foundry 2  25 

Without  foundry 1  80 

Marine  Engine  Mfrs. — More  than  150  horse-power  (No  division  of 

pay-roll) 3  24 

Mattress  (Wire)  Mfrs 1  80 

Metal  Ceiling  Mfrs 3  24 

Metal  Goods  Mfrs.  (Not  otherwise  classified) 6  47 

Metal  Screen  Mfrs.  (Window  or  door) 1  80 

Metal  Spinning  (Not  available  for  division  of  pay-roll) 1  80 

Mining  and  Milling  Machinery  Mfrs.    (Including  crushers  and 

rolls,  slime  classifiers,  jigs  and  transmission  machinery) 4  53 

Motorcycle  and  Motorcycle  Parts  Mfrs.  (Including  the  assembling 

of  motorcycles) 1  14 

Musical  Instrument  Mfrs.  (Metal) 1  14 

Nail  and  Spike  Mfrs 1  80 

Needle  Mfrs 87 

Numbering  Machine  Mfrs 1  05 

Nut  and  Bolt  Mfrs 1  80 

*Oil  Stove  Mfrs 1  44 

Ornamental  Iron  Works.     See  ''Iron  and  Steel  Works — Shop." 

Oxyacetylene  Welding  (Autogenous  welding) — Shop  only 5  18 

Patent  Metal  Mfrs.   (i.  e.,  rolling  of  metal  into  thin  sheets  for 

wrapping  tobacco,  chewing  gum) 1  44 

Pen  Mfrs 87 

Phonograph  Mfrs 1  05 

Piano  Plates  Mfrs.,  exclusively — Including  pattern  shops  and  fin- 
ishing (Not  available  for  division  of  pay-roll) . 1  62 

Piano  Wire  Mfrs.  (Not  wire  drawing) 1  62 

Picture  Wire  Mfrs.  (Not  wire  drawing) 1  62 

Pin  Mfrs 87 

Pipe  (Cast  iron)  Mfrs 4  16 

Pistol  Mfrs.  (Not  charging  shells) 1  14 

Plumbers — Shop  only 1  80 

Plumbers'  Supplies  Mfrs 1  80 

Printing  Press  Mfrs 53 

Projectile,  Steel  or  Case  Mfrs.  (No  loading  or  testing  with  explo- 
sives)     3  24 

Pulley  Block  (Metal)  Mfrs 1  62 

Pump  Mfrs , 2  16 

Radiator  (For  automobiles)  Mfrs 1  22 

Radiator  Mfrs 1  80 

Razor  Mfrs.   (Not  safety  razors) 1  44 

Razor    (Safety)    Mfrs 2  43 

Revolver  Mfrs.  (Not  charging  shells) 1  14 

Road  Roller  Mfrs 4  53 


INDUSTRIAL    ACCIDENTS — METAL    SCHEDULE.  491 

Rate 

Sad  Iron  Mfrs.  C'Flatirons") 1  80 

Safe  Mfrs 4  53 

Saw  Mfrs 1  14 

Scale  Mfrs 1  14 

Screw  Mfrs 1  14 

Sculptors — Statuary   and  ornamental  work  in  bronze,   including 

moulding  and  casting 1  35 

Sewing  Machine  Mfrs.  (Exclusively) 1  14 

*Sheet   Iron   Stoves    (Oil   or   gas) 1  44 

Sheet  Metal  Workers.     See  "Galvanized  Iron  Workers." 

Shot  Works 3  24 

Shovels,  Spades,  Scoops  and  Hoes  and  Gardening  Tools  Mfrs 1  80 

Silo  Builders— Shop  only 3  60 

Silverware  Mfrs 87 

Skate  Mfrs 1  05 

Slot  Machine  Mfrs 1  80 

Soda  Water  Apparatus  Mfrs 2  16 

Speedometer  with  or  without  Odometer,  for  use  on  vehicles,  includ- 
ing installation  of  same  away  from  factory 1  62 

Spring  Bed  Mfrs 1  80 

Spring  Mfrs.  (Not  railroad  car  springs) 1  80 

Sprinkler  (Automatic)  Mfrs 1  22 

Stamping  (Tin  and  metal)  Works 16  50 

Stationary  Engines — Steam  or  gasoline  (Not  otherwise  classified) 
Mfrs. — Not  more  than  150  horse-power — No  division  of  pay- 
roll—With foundry 2  25 

Without  foundry 1  80 

Stationary  Engines — Steam  or  gasoline  (Not  otherwise  classified) 

— More  than  150  horse-powder 3  24 

Steam  and  Air  Pressure  Gauge  Mfrs 1  14 

Steam  Packing  Mfrs.  (Metal) 1  80 

Steam  Radiator  Mfrs 1  80 

Steam  Road  Roller  Mfrs 4  53 

Steam  Shovels,  Dredges  and  Ballast  Unloader  Mfrs 4  53 

Steel  Freight-cars,  Pressed  Steel  Truck  Frames  and  Bolster  Mfrs.  5  18 
Steel  Works : 

Steel   Works — Open  hearth,  Bessemer  and   crucible,  or   open 
hearth  and  Bessemer — Casting  ingots  and  puddling  or  bloom-  ' 

ing  mill  operations 6  94 

Steel  Works — Crucible — Casting  ingots  and  puddling  or  bloom- 
ing  mill  operations.     (This   classification  not   available   for 

divided  pay-roll  purposes) 5  18 

Rolling  Mills — Operated  in  connection  with  steel  works,  rolling 

products  of  every  description,  including  rod  mill 5  18 

Rolling  Mills — Operated  in  connection  with  steel  works,  rolling 

products  of  every  description  (No  rod  mill) 4  25 

Rolling  Mills — Rolling  of  brass,  copper  and  other  soft  metals  (No 
iron  or  steel  rolling  work,  no  bar  manufacturing,  no  blast 
furnace,  converter  or  casting  of  steel) 2  52 


492 

Kate 
Rolling-mills — Rolling  of  rods  only  (no  blast  furnace,  converter  or 
casting  of  steel).    This  classification  not  available  for  divided 

pay-roll  purposes 6  94 

Rolling-mills — Rolling  of  metal  plates  and  sheets  only,  includ- 
ing dipping  for  galvanizing  purposes  (no  blast  furnace,  con- 
verter or  casting  of  steel).     This  classification  not  available 

for  divided   pay-roll  purposes 4  25 

Rolling-mills — Rolling  of  bars  only  (no  blast  furnace,  converter 
or  casting  of  steel).     This    classification    not    available  for 

divided  pay-roll  purposes  3  42 

Tin  and  Terne  Plate  Rolling  from  tin  plate  bars,  including  dip- 
ping (no  tin  plate  bar  manufacturing  and  no  blast  furnace, 

converter  or  casting  of  steel)   2  52 

Iron  and  Steel  Works — Shop — Fabricating  and  assembling  struc- 
tural iron  and  steel  (no  blast  furnace,  converter  or  casting 

of  steel,  or  rolling-mill) 7  77 

Iron  and  Steel  Works — Shop — Fabricating,  assembling  and  manu- 
facturing railings,  balconies,  fire-escapes,  stair  cases,  mail 
chutes,  iron  shutters  and  other  iron  work  (not  structural  iron 
or  steel),  and  ornamental  brass,  bronze  and  iron  work  (no 
blast  furnace,  converter  or  casting  of  steel,  or  rolling-mill) .  .  3  24 
Iron  and  Steel  Works — Shop — Manufacturing  ornamental  brass, 
bronze  and  iron  work  exclusively  (no  blast  furnace,  con- 
verter or  casting  of  steel  or  rolling-mill).     This  classification 

not  available  for  divided  pay-roll  purposes 2  25 

*Stencil  Mfrs 1  05 

Stove  Mfrs.  (not  sheet  iron)  1  14 

*Stove  Mfrs.  (sheet  iron)    1  44 

Structural  Iron  and  Steel  Works.     See  ''Iron  and  Steel  Works." 

Sword  Mfrs 1  80 

Tack  Mfrs 1  35 

*Tag,  Check  and  Label  (metal)  Mfrs 1  80 

Tank  Builders— Shop  only 3  60 

Telegraph  and  Telephone  Apparatus  Mfrs 1  05 

Telescope  Mfrs 87 

Textile  Machinery  Mfrs 1  62 

Thermometer  Mfrs 1  62 

Thermostat  Mfrs 1  62 

Tin  Can  Mfrs 8  32 

Tin  Foil  Mfrs 1  44 

Tin  Plate  Mfrs.    See ''Steel  Works." 

Tin  Plate  Rolling  and  Dipping.     See  "Steel  Works." 

Tinsmith  Shop  (not  otherwise  classified)  1  80 

Tool  Mfrs.  (not  mfg.  machinery)  (not  otherwise  classified) 1  05 

Toy   (metal)   Mfrs ."^ 6  94 

Tube  (metal)  Mfrs 3  60 

Type  Founders 1  62 

Typesetting  Machine  Mfrs 1  05 

Typewriter  Mfrs. 1  05 


INDUSTRIAL    ACCIDENTS METAL    AND    MILLING    SCHEDULES.  493 

Rate 

Vacuum  Cleaner  Mfrs 1  62 

Valve  and  Gauge  Mfrs 1  14 

Ventilator  Mfrs 1  80 

Voting  Machine  Mfrs 1  62 

Watch  Mfrs 61 

Watch  Case  Mfrs 87 

Water  Meter  Mfrs 1  62 

Water-tower  Mfrs. — Shop   only 4  53 

Water  Wheel  (metal)  Mfrs 2  25 

Weighing  Machine  Mfrs 1  80 

Welding     (electric     or     autogenous)      (Oxyacetylene     process) — 

Shop  only   5  18 

Wheel  (metal,  automobile)  Mfrs 1  80 

Wheel  (metal,  car)  Mfrs 5  36 

Wheelbarrow  (metal)  Mfrs 3  24 

Windmill  (metal)  Mfrs '.  4  53 

Wire  Basket  and  Cage  Mfrs 1  62 

Wire  Cloth  Mfrs 1  14 

Wire  (decorative)  Mfrs.  (no  wire  drawing) 1  62 

Wire  Drawing  Works 4  44 

Wire  (dress  form)  Mfrs 1  62 

Wire  Fence  Mfrs.  (no  wire  drawing) 1  80 

Wire  Nail  Mfrs 1  80 

Wire,  Piano  Wire  Mfrs.  (no  Avire  drawing) 1  62 

Wire,  Picture  Wire  Mfrs.  (no  wire  drawing) 1  62 

Wire  Rope  Mfrs 4  44 

Wrought  Iron  Pipe  Mfrs 4  44 

Zinc  and  Copper  Goods  Mfrs.  (no  rolling-mill,  no  smelting) 1  80 


MILLING  SCHEDULE. 

Minimum  Premium,  $1.50. 

Corn-mills    3  05 

Flour-mills 3  05 

Grist-mills   3  05 

Hominy-mills . 3  05 

Millers  (not  otherwise  classified)    3  05 

Oatmeal  Mills 3  05 

Pure  Food  Mfrs.  (including  milling) 3  05 

Rice-mills 3  05 


494 


MINING  (EXCEPT  COAL)  SCHEDULE. 

Minimum  Premium,  $3.00. 
Blasting. — All  rates  in  this  schedule  include  blasting,  if  any. 
Construction,  Reconstruction,  Maintenance  and  Repair. — All  rates 
in  this  schedule  include  the  construction,  reconstruction,  maintenance 
and  repair  of  all  buildings  or  structures  used  or  maintained  in  connec- 
tion with  mining  operations,  if  done  by  employees  of  the  assured  or 
employees  of  a  contractor  whose  pay-roll  is  included  in  the  pay-roll 
of  the  assured. 

General. — The  office  force  and  the  employees  of  the  commissary 
stores  may  be  written  at  the  clerical  office  force  rate  for  manufacturing 
plants  in  connection  with  mining  risks. 

Rate 

tClay  or  Shale  Mines— Shafts,  tunnels  or  drifts 7  86 

tClay  or  Shale  Mines — Surface  (no  shafts,  tunnels  or  drifts) 7  86 

tCopper  Mines 7  86 

fFeldspar  Mines    7  86 

tGold  Mines 7  86 

tGraphite  Mines 7  86 

tGypsum  Mines  7  86 

flron  Mines — Shafts,  tunnels  or  drifts 9  80 

flron  Mines — Surface  (no  shafts,  tunnels  or  drifts) 7  86 

fLead  Mines 7  86 

tLead  and  Zinc  Mines — Milling,  prospecting  and  shaft  sinking, 
including  installation  of  machinery  and  erection,  construction 

and  repair  of  premises  and/or  plant 7  86 

fManganese  Mines 7  86 

fMica  Mines  7  86 

fNickel  Mines 7  86 

fOre  Mines  (not  otherwise  classified) — Shafts,  tunnels  or  drifts.   9  80 
fOre  Mines — Surface   (no  shafts,  tunnels  or  drifts)    (not  other- 
wise classified)   7  86 

Ore  Mines — Prospecting  and  exploring  only  (no  development  or 
operation),  excluding  prospecting  by  means  of  diamond 
drilling,  jumper  or  drop  drilling,  or  any  work  in  shafts,  tun- 
nels or  drifts 6  75 

fPhosphate  Mines  7  86 

fRock  Salt  Mining  and  Quarrying 7  86 

tSilica  Mines 8  32 

tSilver  Mines  8  32 

tSulphur  Pyrites  Mines 7  86 

tTalc  Mines 7  86 


INDUSTRIAL  ACCIDENTS,  MINING  AND  MISCELLANEOUS  SCHEDULES.      495 


MISCELLANEOUS  SCHEDULE. 

Minimum  Premium,  $1.50. 

Stamping. — All  rates  in  this  schedule  include  stamping  hazard,  if 
any. 

Blasting. — Policies  written  upon  classification  in  this  schedule 
marked  with  an  asterisk  (*)  and  expressed  to  exclude  blasting,  may 
be  written  to  cover  blasting  by  the  use  of  the  manual  classification, 
rules  and  rates  therefor.  The  insured  must  be  instructed  in  all  cases 
where  the  separate  blasting  rate  applies,  that  the  blasting  pay-roll 
expended,  as  defined  under  this  classification,  must  be  separately  kept 
and  reported.  If  a  premium  is  charged  for  blasting,  and  no  blasting 
is  done,  the  minimum  premium  shall  be  retained. 

Railroad  Hazard. — For  railroads  in  connection  with  manufacturing 
plants,  if  insured  plant  does  not  supply  motive  power,  no  separate 
charge  for  railroad  hazard.  If  insured  plant  supplies  motive  power, 
and  railroad  is  entirely  upon  the  premises  covered  by  the  policy,  no 
separate  charge  for  railroad  hazard.  If  cars  are  moved  by  steam  cap- 
stan or  drum,  not  itself  movable,  no  separate  charge  for  railroad 
hazard. 

Logging  railroads  shall  not  be  considered  as  entirely  upon  the  prem- 
ises of  the  insured. 

Subject  to  the  foregoing,  upon  all  risks  in  connection  with  which 
a  railroad  is  operated,  a  separate  pay-roll  of  all  employees  engaged  in 
the  operation,  maintenance  and  repair  of  such  railroad  shall  be  ren- 
dered and  subjected  to  the  premium  rate  required  in  this  manual. 

Rate 

Abdominal  Truss  Mfrs 1  14 

t Acetylene  Gas  Tank  Charging  Stations 16  65 

Advertising  Novelties  and  Sign  Mfrs.    (not  metal,  celluloid  or 

glass) 1  89 

Agricultural  Implement  Mfrs 3  24 

Analytical  Chemists,   including  shop   work  and  work  performed 

away  from  shop , . .   8  15 

Appraisers  of  Buildings  and  Machinery 1  14 

Artificial  Limb  Mfrs 1  57 

Asbestos  Goods  Mfrs 2  16 

Asphalt  Works — Shop  and  yards  only 3  15 

Auditors,  Accountants   and   Systematizers — Clerical   office  force, 

traveling  auditors,  accountants  and  office  systematizers 21 

Factory  Cost  Systematizers 87 

Automobile  Salesroom  (no  garage  or  repair  shop;  no  movement 

of  cars  except  by  hand) — Entire  compensation  of  salesmen 

and  clerical  force  to  be  included 63 

Awning  and  Tents  Mfrs. — Shop  and  erecting 2  52 

Bean — Sorting  and  picking 1  19 

Beet  Sugar  Mfrs ,. 3  60 


496  hillyer's  legal  manual. 

Rate 

Blacking  (shoe)  Mfrs 1  57 

Black  Lead  Mfrs 2  52 

Bone  and  Ivory  Turners 2  52 

Bone-workers  (not  cleaning  or  trimming  in  connection  with  pack- 
ing-houses)      2  52 

Bottling  Works  (no  bottling  under  pressure) 2  52 

Bottlers — Bottling  under  pressure 4  50 

Breweries — With  or  without  bottling 2  25 

Buffing  Wheel  Mfrs.— Cloth  or  leather  only 1  49 

Building  Material  Dealers — Yard  work    only    (no    second-hand 

materials  or  lumber-yard) 2  70 

Building  Material  Dealers — Yard  work  only — Second-hand  mate- 
rial.    See  ''Junk  Dealers." 

Butchers'  Supplies  Mfrs 3  60 

Button  Mfrs.  (not  metal  or  celluloid)   1  75 

Cab  Companies — Stable  hazard  only 4  05 

Cables — Insulation  of,  for  electrical  purposes 1  75 

Canneries  (no  can  mfg.) 3  15 

Carbon  Mfrs.  (not  electro-chemical  process)  2  52 

Carbon  Black  Mfrs 2  70 

Carpet  Cleaning  or  Beating  Works 3  60 

tCartridge  Mfrs 16  50 

Caterers 1  14 

Celluloid  Goods  Mfrs. — From  sheets  of  celluloid  or  compositions 

containing  celluloid  (no  celluloid  mfg.) 3  60 

tCellulose  Mfrs 6  47 

*Cemetery  Companies  (no  blasting) 1  89 

Chair  Seats  Mfrs. — From  prepared  fibre  only 1  31 

Charcoal  Dealers  (no  furnaces)   1  49 

Cider  Mfrs 1  57 

Circular  Loom  Mfrs. — Flexible  piping  for  electric  wires 1  75 

Cleaners  and  Dyers 3  60 

Coal  Billet  and  Briquette  Mfrs 2  52 

Coal  Merchants — Receiving  or  shipping  by  water  or  by  land  and 

water   4  14 

Coal  Merchants — Receiving    or  shipping    by  land    but    not    by 

water \  2  70 

Cocoa  Fibre  Mfrs 2  16 

Coeoanut  Shredding  and  Drying 1  98 

Coffee  Manipulators  or  Cleaners  (not  grinders  or  roasters) 1  05 

Coffee  Roasters  and  Grinders 1  05 

Compressed  Food  Mfrs. — Tablet  form  only 1  05 

Cord  and  Binder  Twine  Mfrs.  (not  cordage)    2  16 

Cordage  Mfrs 3  60 

Cotton  Compressing  and  Ginning 2  88 

Cotton  Packing  for  Steam  Engines  Mfrs 1  75 

Crayon  Mfrs 1  57 

Creamery  and  Dairy  Supplies  Mfrs 2  52 

Crematories — Operating 2  70 


INDUSTRIAL  ACCIDENTS — MISCELLANEOUS   SCHEDULE.  497 

Rate 

Culm  (slack  or  coal  refuse)  Washing 2  52 

Curled  Hair  Mfrs 1  89 

Dextrines  Mfrs 6  47 

Diamond  Cutters  and  Setters 61 

Distilling  3  15 

Draughtsmen    (engaged  strictly  in  that  profession),  office  duties 

only.     See  rates  "Clerical  Office  Employees." 
Drivers.     See  rules  entitled  ''Teams." 
Dry  Battery  Mfrs. — Including  zinc  containers  and  metal  parts, 

with  stamping,  if  any 2  88 

Dry  Battery  Mfrs.  (not  making  zinc  containers  or  metal  parts) . .   1  98 

Dyers  and  Cleaners .   8  60 

Egg  Drying    1  57 

Electric  Insulators,  Lava  Tips  and  Slate  Pencil  Mfrs 1  89 

Elevated  Railroad 7  40 

Emery  Cloth  Mfrs 1  49 

Emery  or  Carborundum  Wheel  Mfrs 2  52 

Enamel  Cloth  Mfrs 1  98 

Express  Companies — Including  loading  and  unloading  operations, 
but  excluding  accidents  caused  by  horses  and  vehicles   (no 

contract    liability)     2  52 

Eyeglass  and  Spectacle  Mfrs 61 

*Farm  Laborers  (no  blasting) 1  50 

Fertilizer  Mfrs.  (no  reduction  of  garbage  or  offal) . 2  70 

Fibre  Mfrs. — For  mats  and  matting 3  60 

fFiremen — Paid  or  volunteer 6  94 

fFire  Patrol  and  Salvage  Corps 4  32 

Fireproof  Door    and    Shutter    Mfrs. — AVood  covered  with  sheet 

metal   3  15 

fFireworks  Mfrs.  (no  exhibition  work)   16  50 

Fish  Curers,  Packers  and  Dealers  (no  vessel  hazard  or  ice  harvest- 
ing) not  available  for  division  of  pay-roll 1  57 

Fishing  Tackle  Mfrs 1  49 

Florists — Cultivating    and    gardening  (not   to    cover  away  from 

insured 's  premises)   1  31 

Fountain  Pen  Mfrs 87 

Fruit  Evaporators 1  57 

Fruit  (dried)  Packers   (not    fruit    evaporators)    (excluding  box 

factories)  87 

Fur  Goods  Mfrs.  (not  preparing  skins)   52 

Fur  Mfrs. — Preparing  skins 1  75 

fFuse  Mfrs ^ 16  50 

Garbage  Works — Reduction  or  incineration  of  garbage  or  offal.  .   7  40 
Garbage  Collectors — Refuse  and  ashes  (excluding  teams  and  not 

employed  in  garbage  reduction  or  fertilizer  plants)   2  16 

Gas  Works — Operating  of  gas-house,  maintenance  of  existing 
works  and  mains,  and  making  of  house  connections  (com- 
pensation   coverage    includes    gas    explosion,    inhalation    or 

asphyxiation)    2  25 

32 


498  hillyer's  legal  manual. 

Rate 

Gelatine  Mfrs 1  40 

Gilding  and  Electroplating 1  57 

Glucose  Mfrs : 6  47 

Glue   Mfrs 1  57 

Gold  Platers 1  57 

Graphite  Mfrs.  (not  mfrs.  of  artificial  graphite,  for  which  see  Ore 

Reduction  Schedule)    2  52 

Hair  Goods  Mfrs.  (not  otherwise  classified) 1  98 

Hair  (Human)  Goods  Mfrs '. 1  31 

Hatters  (Fur)  Mfrs 70 

Horse  Dealers — Including  exhibitions  and  delivery  of  horses ....   6  47 

Ice  (Artificial)  Mfrs 3  60 

Ice  Companies — Harvesting  and  storing 5  55 

Ice-cream  Freezer  Mfrs 2  70 

Ice  Dealers  (no  harvesting)    3  60 

Incandescent   Lamp   Mfrs 1  05 

Ink  (Printing)  Mfrs 1  57 

Ink  (Writing)  Mfrs 1  31 

Irrigation  Works — Operating  and  maintenance,  including  ordi- 
nary extension  of  laterals 2  70 

Isinglass  (Fish  Glue)  Mfrs 1  57 

Isinglass    (Mica)    Mfrs 1  14 

Ivory  Turners 2  52 

Jams,  Jellies  and  Preserves — Preparing  1  14 

Jewelry  Box  Mfrs 1  14 

Lamp  Black  Mfrs 2  52 

Lapidaries    61 

Laundries  (not  available  for  division  of  pay-roll)  3  78 

Laundry  (no  machinery)  doing  hand  work  exclusively  (not  avail- 
able for  division  of  pay-roll)   1  05 

Laundry — Wet  wash  (not  available  for  division  of  pay-roll) ....   1  40 

Lead  (Black)  Mfrs 2  52 

Lens   Mfrs 61 

Life  Floats  Mfrs 1  40 

Linoleum  and  Cork  Carpet  Mfrs 3  15 

Livery  and  Boarding  Stables — Within  the  building  walls  only 

(not  selling)   5  09 

Lumber  Dealers,  Coal    Merchants,    Building    or    other  Material 
Dealers — Receiving  or    shipping   by  water    or   by  land  and 

water   4  14 

Lumber  Dealers,   Coal   Merchants,   Building   or   other  Material 

Dealers — Receiving  or  shipping  by  land  but  not  by  water.  .   2  70 

Mailing  and  Addressing  Companies 70 

Match  Mfrs.  (excluding  lumbering  and  saw-mill  operations) 3  60 

Metal  Polish  Mfrs.  (no  can  mfg.) 1  57 

Mica — Preparation  of,  for  electrical  insulation 1  75 

Military  Goods  Mfrs.  (no  metal  stamping)   1  57 

Milk  (Powdered)  Mfrs 1  14 

Mirror  Mfrs. — Silvering  and  beveling  only 1  14 


INDUSTRIAL   ACCIDENTS — MISCELLANEOUS   SCHEDULE.  499 

Rat6 

Molasses  and  Syrup  Mfrs 2  52 

Moving  Pictures^ — Employees  in  buildings,  yards  or  outside, 
representing  scenes  for  moving  pictures  (not  operating  mov- 
ing picture  shows)    6  47 

Mucilage  Mfrs 1  57 

Municipal    Risks — All    employees    engaged    in    strictly    clerical 

duties 17 

Municipal  Risks — All  employees  not  engaged  in  manual  labor  and 
not  engaged  in  clerical  office  duties,  and  not  otherwise  classi- 
fied (this  classification  includes  such  employees  as  those  en- 
gaged in  laboratory  work,  inspectors  of  the  board  of  health, 
electrical  inspectors,  building  inspectors  and  similar  occupa- 
tions)     1  85 

Municipal  Sewage  Disposal  Plants^ — Operation  only  (construction 
work  to  be  covered  separately  at  manual  rates  for  the  proper 

classification)   2  52 

Mustard-mills   87 

News  Agents  (same  classification  and  rates  as  Express  Com- 
panies)       2  52 

Nickel  Platers  and  Finishers 1  57 

Nurserymen  (not  to  cover  away  from  insured's  premises) 1  31 

Nuts — Handling,  cleaning  and  shelling 1  05 

Oakum   Mfrs. 1  57 

Oil  Cloth  (all  kinds)  Mfrs 3  15 

Oil  Distributing  Companies 2  25 

Omnibus  Companies^ — Inside  stable  walls  only  (not  selling) 5  09 

Optical  Goods  Mfrs 61 

Painters — In  shop  2  07 

Painters — In    shop — Painting    automobile    and    carriage    bodies 

only  (not  available  for  division  of  pay-roll)   1  05 

Paste  Mfrs 1  14 

Peanut  handling,  cleaning,  sorting  and  storing 1  05 

Phonograph  Record  Mfrs 1  05 

Phosphate  Works  (no  mining)    2  70 

Photographers — Outside  work  (not  producing  moving  pictures) .   3  15 
Photographic  Sensitive   Films   and   Dry   Plates — Manufacturing 

and  development  of  negatives  only 1  05 

Photographic  Supplies  Mfrs 1  05 

Pickle  Mfrs 1  57 

Piping  (flexible,  not   metal,    for   interior   work  in   buildings  to 

carry  electric  wires)  Mfrs 1  75 

Plaster  Statuary   and   Ornaments^ — Manufacturing  from  wooden 

moulds   1  14 

Pneumatic  Tube  Companies — Operation  only 1  31 

Policemen 5  09 

Poultry  Food  Mfrs 2  97 

Printers'  Rollers  Mfrs 1  75 

Produce  Dealers — Buying,  packing    or    otherwise    preparing  for 
shipment  and  transportation  to  centers  for  distribution,  gen- 


500 

Rate 
eral  produce,  using  stores  or  buildings  temporarily  for  receiv- 
ing, packing  and  shipping,  but  operating  no  warehouses  and 
employing  no  means  of  transportation  except  teams  (teams 

to  be  written  under  separate  policy  at  manual)  1  98 

fRailroad  Hazard — Mfrs.'  and  Contractors'  risk 11  20 

t Railroad — Steam,  operation  of  same,  including  ordinary  main- 
tenance and  repair  of  road-bed.  Such  roads  when  not  more 
than  50  miles  long,  not  interstate,  when  used  for  transporta- 
tion of  passengers  and  freight,  and  when  operated  with 
grades  not  to  exceed  100  feet  to  the  mile,  may  be  written 
for  compensation  coverage  only,  the  pay-roll  to  include  all 

employees,  not  excepting  office  men 11  20 

Roofing  Felt — Preparation  of  (not  mfg.,  not  paper)  1  75 

Rope  Mfrs 3  60 

Salesmen  (Outside),  Collectors  and  Messengers  who  use  a  vehicle 
drawn  by  animals  or  propelled  by  mechanical  powder  in  the 
performance  of  their  duties  shall  be  classified  and  rated 
either  as  drivers  or  chauffeurs,  in  accordance  with  the  rules 
provided  in  the  manual. 
Salesmen  (Outside),  Collectors  and  Messengers  who  do  not  per- 
form their  duties  upon  any  vehicle  except  public  vehicles, 
and  who  are  not  exposed  to  the  mechanical  hazard  of  the  risk       21 

Sales  Stables — Including  exhibition  and  delivery  of  horses 6  47 

Salt  Mfrs.  (not  mining  or  sinking  wells)    1  89 

tSalvage  Corps  and  Fire  Patrol 4  32 

Seed  Merchants — Including  the  operation  of  seed  sorting  machin- 
ery    1  19 

Sewage  Disposal  Plants — Care  and  maintenance  of,  excluding  new 

construction  work 2  52 

Shoe  and  Harness  Blacking  Mfrs 1  57 

Silver  Platers 1  57 

Size  Mfrs 1  57 

Spice  Mills. 87 

Sporting  Goods  Mfrs 1  05 

Stablemen — Inside  stable  walls  only  (not  selling) 5  09 

Starch  Mfrs * 6  47 

Steam  Heating  or  Power  Companies  (no  electricity  or  construc- 
tion) ,  Operation  of  plant  only 3  15 

Stock  Farms — Operating 1  57 

Stones,   Precious — Cutting,   setting   and   polishing.     See     "Lap- 
idaries." 
Storage  Yards  for  Wagons  and  Trucks.     See  ''Stablemen." 

Stove  Polish  Mfrs 1  57 

Street  Railroad  Companies — Cable 7  40 

Street  Railroad  Companies — Electric,  all  systems,  not  interurban  5  55 

Street  Railroad  Companies — Dummy  engines   11  10 

Street  Railroad  Companies — Electric,  interurban 13  87 

Sugar  Refiners — Including  all  incidental  work 3  60 

Surveying  and  Inspecting  Engineer  Work — Including  sharpening 
of  stakes  and  other  shop  work  incident  to  surveying  and  in- 


INDUSTRIAL  ACCIDENTS — MISCELLANEOUS,   OILS,  ETC.,  SCHEDULES.      501 

Rate 
spection  of  construction  operations   (no  actual  construction 
operations  of  any  description  and  no  supervising  or  superin- 
tending of  construction  operation)  not  available  for  division 

of   pay-roll 2  70 

Tar  Mfrs 2  52 

Taxidermist 1  14 

Thermometers — Clinical  (no  glass  manufacturing  or  metal  work- 
ing)      70 

Tortoise  Shell  Goods  Mfrs. — From  natural  tortoise  shell  exclus- 
ively   1  05 

Tortoise  Shell  Novelties — Manufactured   from  real   or  imitation 

tortoise  shell 1  14 

Towel  and  Toilet  Articles — Distributing  (excluding  laundry  and 

teams  hazard)  2  16 

Truckmen 1  50 

Twine  (Binder)  and  Cord  Mfrs.  (not  cordage)   2  16 

Undertakers 1  75 

Upholsterers  (not  furniture  or  cabinet  makers)   87 

Vinegar  Mf gr 1  57 

Washer  (all  kinds)  Mfrs 2  34 

Waterworks — Operating  only  (no  construction  work) 2  25 

Welsbach  Incandescent  Mantle  Mfrs 1  57 

Whalebone  Goods  Mfrs 1  31 

Whip  Mfrs 1  05 

Window  Curtain  Roller  Mfrs 1  98 

Wine  Mfrs 1*57 

Wire  Insulation  for  Electrical  Purposes 1  75 

Wood   Preserving   and  Fireproofing 5  18 


OILS,  ETC.,  SCHEDULE. 

Minimum  Premium,  $1.50. 

Axle  Grease  Mfrs 1  75 

Butter  and  Butterine  Mfrs 1  31 

Candle  Mfrs 1  75 

Castor  Oil  Mfrs 2  62 

Cheese  Mfrs 1  31 

Cod  Liver  Oil  Mfrs 2  62 

Cold  Cream  Mfrs 1  14 

Condensed  Milk  Mfrs 1  49 

Cottolene  Mfrs 2  62 

Cottonseed  Oil  Mfrs. — Including  refining 6  12 

Cottonseed  Oil  Refiners — Refining  only  (no  manufacturing  or  ex- 
pressing of  oil)  2  62 

Creameries 1  31 

Dairies 1  31 

Fat  Rendering.     See  ''Grease  Mfrs." 


502  HILLYER^S  LEGAL  MANUAL. 

Rate 

Gasoline  Mf rs 3  50 

Glycerine  Mfrs 1  49 

Grease  Mfrs 1  75 

Lard  Refiners  1  75 

Linseed  Oil  Mfrs 3  50 

Oil  Cake  Mfrs 2  62 

Oil  (Petroleum)  Refiners  (not  gasoline)   2  62 

Oil  (Fish)  Mfrs 2  62 

Oil  (Lard)  Mfrs 2  62 

Oil  (Tallow)  Mfrs 2  62 

Oil  (Vegetable)  Mfrs 2  62 

Oleomargarine  Mfrs 1  31 

Soap  Powder  Mfrs 1  75 

Soap  Mfrs 1  75 

Tallow  Chandlers  1  75 

Wax  Mfrs 131 


ORE    REDUCTION    AND    CONCENTRATION 

SCHEDULE. 

Minimum  Premium,  $1.88. 

Aluminum  Smelting 2  97 

Blast  Furnaces 9  00 

Carbide  of  Calcium  Mfrs 5  40 

Carborundum   Mfrs 3  15 

Charcoal  Mfrs 2  43 

Coke  Burners 2  16 

Copper  Refiners  (no  ore  reduction)  2  25 

Copper  Smelters   2  97 

Gold  Reduction 2  97 

Gold  Refiners  (no  ore  reduction) 2  25 

Gold  Smelters 2  97 

Graphite  and  Pure  Carbon  (artificial)  Mfrs 2  70 

Iron  Smelters  9  00 

Lead  Smelters    2  97 

Metal  Matte 2  97 

Ore  Crushers   3  15 

Ores — ^Concentrating  and  amalgamating 3  15 

Quartz-mills   3  15 

Silver  Reduction  2  97 

Silver  Refiners  (no  ore  reduction)   2  25 

Silver  Smelters    2  97 

Smelters  (not  otherwise  classified)    9  00 

Smelters — By  electric  process 2  97 

Tin   Smelters    2  97 

Zinc  Smelters 2  97 


INDUSTRIAL   ACCIDENTS — ORE   AND   PAPER   SCHEDULES.  503 

PAPER  SCHEDULE. 

Minimum  Premium,  $1.50. 

Rate 
Bag  Mf  rs. : 

Paper    only    (No   paper-making) 1  14 

Paper  only — With  paper-making 1  66 

Bond  Paper  Mfrs.  (As  ''Writing  Paper"). 
Box  Mfrs.: 

Mfrs.  of  Folding  Paper  Boxes  only  (No  paper-making) 1  40 

With  paper-making    2  40 

Mfrs.  of  Solid  Paper  Boxes  (No  paper-making) 2  19 

With  paper-making 2  96 

Bristol  Board  Mfrs.  (As  "Cardboard"). 

Building  and  Roofing  Paper  Mfrs.    (No  paper-making) 1  75 

Carbon  Paper  Mfrs.  (No  paper-making) 87 

Carpet  Lining  and  Pads  Mfrs.   (No  paper-making) 1  31 

Cardboard  Mfrs.    (No  pulp-mill) 2  50 

With  pulp-mill  (As  ''Pulp  and  Paper  Mfrs."). 
Cheek  Mfrs.  (As  "Tag,  Check  or  Label"). 
Cigarette  Paper  Mfrs.   (As  "Paper  Mfrs.") 

Cork  Paper  Mfrs.  (No  paper  manufacturing) 96 

Corrugated  Paper  Mfrs.   (As  "Paper  Mfrs.") 
Dress  Pattern  Mfrs.: 

Paper  only — Including  designers,  draughtsmen,  cutters  and  all 

clerical  force   (No  paper-making)    70 

Envelope  Mfrs.  (As  "Stationery"). 

Fiber  Goods  Mfrs.    (No  fiber-making) 2  50 

Fly-paper  Mfrs.   (No  paper  making) 96 

Imitation  Leather  Mfrs.  (As  "Wall-paper  Mfrs."). 
Indurated  Fiber  Mfrs.  (As  "Pulp  and  Paper  Mfrs."). 
Label  Mfrs.  (As  "Tag,  Check  or  Label  Mfrs."). 

Lace  and  Ornamental  Paper  Mfrs.  (No  paper-making) 96 

Ledger  Paper  Mfrs.    (As  "Writing  Paper  Mfrs."). 
Music-rolls    (For    piano   players,    perforated   paper)    Mfrs.    (No 

paper-making)    70 

Oiled,  Paraffined  or  Waxed  Paper  Mfrs.  (No  paper  making) 96 

Paper  Mfrs. — All  kinds  except  writing  paper  and  cardboard  (No 
saw  or  barking  mills,  and  no  sulphite  or  other  fibrous  pulp 

making)    3  24 

With  saw  or  barking  mills,  but  no  sulphite  or  other  fibrous  pulp- 
making    3  88 

Paper  and  Pulp  Mfrs.  (As  "Pulp  and  Paper  Mfrs."). 

Paper  Board  Mfrs.  (No  pulp-mill) 2  50 

With  pulp-mill   (As  "Pulp  and  Paper  Mfrs."). 

Paper  Coating  and  Finishing 1  14 

Paper  Cutting — For  packing  purposes 96 

Papier  Mache  Goods  Mfrs.   (No  paper  or  wood  pulp-making,  no 

car  wheels)   2  50 


504 

Rate 

Playing  Cards  Mfrs.  (No  paper  or  cardboard  making) 96 

Pulp  and  Paper  Mfrs.  (No  saw  or  barking  mills,  and  no  sulphite 

or  other  fibrous  pulp-making) 3  24 

With  saw  or  barking  mills,  but  no  sulphite  or  other  fibrous 

pulp-making   3  88 

Pulp  Liquor  Mfrs. — Treatment  of  pulp-mill  waste  for  commercial 
use  as  road  binder  and  saturator    (Not   available  to  Pulp 

Mfrs.)     2  19 

Pulp-mills — Ground  wood  pulp  only. 

Pulp-mills — Ground  wood  pulp  only,  from  ''pulp  wood"  to  "lap" 

(No  saw  or  barking  mills) 3  24 

Ground  wood  pulp  only,  including  saw  or  barking  mills....   3  88 
Sulphite  or  other  fibrous  pulp  processes,  with  saw  and  barking 

mills,  if  any 5  18 

Sand  Paper  Mfrs.   (No  paper-making) 1  49 

Stationery  Mfrs.    (No  paper-making) 79 

Straw  Board  Mfrs.   (As  ''Pulp  and  Paper  Mfrs."). 
Tag,  Check  or  Label  Mfrs. — Paper  or  cardboard  only  (No  paper- 
making)    1  14 

Tissue  Paper  Mfrs.    (Not  toilet  paper)    (As  "Pulp   and  Paper 

Mfrs."). 
Toilet  Paper  Mfrs.   (As  "Pulp  and  Paper  Mfrs."). 
Wallpaper    Mfrs. — Paper-making    only    (As    "Pulp    and    Paper 

Mfrs."). 
Designing,  Printing  and  Finishing  only  (No  paper-making) ....       87 
Writing  Paper  Mfrs 1  14 


POTTERY  AND  GLASS  SCHEDULE. 

Minimum  Premium,  $1.50. 

Bottle  Mfrs 87 

Brick  Mfrs. — Including  construction  and  reconstruction  of  sheds 
and  kilns  if  done  by  assured 's  employees,  also  including  clay 

digging  and  quarrying   (No  underground  mining) 2  62 

fBrick  Mfrs. — Including  construction  and  reconstruction  of  sheds 
and  kilns  if  done  by   assured 's   employees,   also   including 

underground  mining   3  94 

Cathedral  and  Art  Glass  Window  Mfrs. — With  or  without  glass- 
making    79 

China    Decorating — Including    firing    (No    manufacturing)    not 

available  for  division  of  pay-roll 79 

China  Mfrs 35 

Concrete  Hollow  Block  Mfrs 1  49 

Doll  (Bisque  or  china)  Mfrs 52 

fEarthenware  (Tiling,  Gas  Retorts,  Sewer  Pipe  and  Drain-pipe) 

Mfrs.   (No  underground  mining)    2  19 

Earthenware  (Tiling,  Gas  Retorts,  Sewer  Pipe  and  Drain-pipe) 

Mfrs.  (Including  underground  mining) 3  94 


INDUSTRIAL   ACCIDENTS — POTTERY   AND  PRINTING   SCHEDULES.         505 

Rate 

Earthenware  (Household  utensils  and  art  objects)  Mfrs 35 

Fire-clay  Products  Mfrs.  (No  underground  miuing) 2  19 

tFire-clay  Products  Mfrs.  (Including  underground  mining) 3  94 

Glass  (Plate  or  window)  Mfrs.  (No  quarrying  or  excavating) . .  2  19 

Glass  Mfrs.  (No  plate  or  window  glass  manufacturing) 87 

Glass  (Gut)  Mfrs 79 

Glass  Eye  Mfrs ; 52 

Glass  Sign  Mfrs.  (No  glass-making) 1  05 

Marl  Mfrs.   (Including  digging,  hauling,  drying  and  grinding) . .  3  06 

Mirror  Mfrs.  (No  glass-making) 1  14 

Peat  Fuel  Mfrs 3  06 

Pipe— Clay   (Tobacco)   Mfrs 52 

Plate  or  Window  Glass  Mfrs.  (No  quarrying  or  excavating) ....  2  19 

Porcelain  Ware  Mfrs 35 

Potteries — Flower   pots,   art   and   household   utensils    only    (No 

sewer  or  drain-pipe,  no  mining  or  excavating) 35 

Potteries  (Tiling,  Gas  Retorts,  Sewer  and  Drain-pipes)  Mfrs.  (No 

underground  mining) 2  19 

fPotteries  (Tiling,  Gas  Retorts,  Sewer  and  Drain-pipes)  Mfrs. — 

Including  underground  mining 3  94 

Stone  China  Mfrs •. 35 

Terra  Cotta  Mfrs. — Art  terra  cotta  for  decorative  purposes  (No 
mining  or  excavating)  ;  this  classification  does  not  include 
the  manufacture  of  terra  cotta  for  structural  use,  whether 

decorative  or  otherwise  35 

Terra  Cotta  Mfrs.  (No  underground  mining) 2  19 

fTerra  Cotta  Mfrs. — Including  underground  mining 3  94 

Tile  (For  Decorating  Purposes)  Mfrs.  (No  mining  or  excavating)       35 
Tile   (Roof  and  Drainage)  Mfrs.   (No  underground  mining) ....   2  19 
jTile  (Roof  and  Drainage)  Mfrs. — Including  underground  min- 
ing     3  94 

PRINTING  SCHEDULE. 

Minimum  Premium,  75c. 
Artists,  Designers,  Proof-readers,  Editors,  Reporters,  Advertis- 
ing and  Circulation  Solicitors  and  Clerical  Office  Force — 
Classification  available  for  division  of  pay-roll  to  newspaper 

offices,  printers  and  publishers 16 

Bookbinders 87 

Electrotypers    87 

Engravers    87 

Hand  Printers 87 

Lithographers 87 

Newspaper  Offices  87 

Photo  Engravers  87 

Printers — Hand 87 

Printers — Steam 87 

Publishers 87 


506  hillyer's  legal  manual. 

RUBBER  AND  COMPOSITION  GOODS  SCHEDULE. 

Minimum  Premium,  $1.50. 

Rate 

Button  (Celluloid)  Mfrs 2  25 

tCelluloid  Mfrs 9  00 

Comb  (Hard  Rubber,  no  Celluloid)  Mfrs 1  53 

tComposition  Goods  containing  celluloid 9  00 

tCorraline  Mfrs 9  00 

tFibroid  Mfrs 9  00 

Gutta-Percha  Mfrs 1  80 

tLignoid  Mfrs 9  00 

Rubber  Belting  Mfrs , 1  80 

Rubber  Boot  and  Shoe  Mfrs 1  80 

Rubber  Cement  Mfrs 1  80 

Rubber  Goods  Mfrs. — Not  otherwise   classified 2  25 

Rubber  Garments  Mfrs.  (No  rubber-mill) 1  80 

Rubber  Reclaiming  Operations, — Including  loading  and  unload- 
ing materials  and  products  to  and  from  cars  and  wagons. . .  4  68 
Rubber  Reclaiming  Operations — Including  loading  and  unload- 
ing materials  and  products  to  and  from  cars  and  wagons 

(No  benzine,  naphtha  or  gasoline  used) 3  15 

Rubber  Stamp  Mfrs ' 90 

Rubber  Tire  Mfrs 2  70 

Vulcanized  Rubber  Mfrs 2  70 

Waterproofing  Cloth 1  80 

STEVEDORE  SCHEDULE. 

Minimum  Premium,  $3.00. 

Additional  Interest. — Policies  issued  upon  stevedores  under  this 
schedule  may  be  extended  to  cover  a  named  steamship  company,  em- 
ploying such  stevedores,  the  insurance  being  limited  to  the  care  and 
defense  of  suits  and  to  the  payment  of  premiums  upon  forthcoming 
bonds,  in  the  event  of  libel.  The  undertaking  shall  be  limited  to  in- 
juries resulting  solely  from  the  operations  of  the  stevedore  covered  by 
the  policy,  and  the  policy  shall  contain  no  obligation  to  pay  any  re- 
sulting judgment  against  the  steamship  company.  Additional  rate  for 
this  coverage  on  both  policies  shall  be  10  per  cent  of  the  manual  rates 
for  the  classification  involved. 

If,  in  addition  to  the  extension  described  above,  the  policy  shall  be 
further  extended  to  cover  the  payment  of  judgment  against  the  steam- 
ship company,  within  the  limit  of  the  policy,  additional  rate  for  such 
coverage  on  Comp.  policies  shall  be  25  per  cent  of  the  manual  rates 
applicable  to  the  classification  involved. 

The  foregoing  rule  is  only  available  when  the  policy  of  the  stevedore 
is  carried  in  the  fund. 


INDUSTRIAL   ACCIDENTS — RUBBER,   STEVEDORE,   ETC.,   SCHEDULES.      507 

Rate 

Grain  Elevator — Floating  (Operating  only) 4  62 

Roustabouts — River  and  sound  steamboats  (Not  sea-going  or  lake 

vessels)    4  62 

Steamship  Agents — Wharf  employees — Clerks  and  tallymen  only 

when  all  stevedore  work  is  let  out  by  contract 78 

Steamship  Agents — Wharf  employees — Clerks  and  tallymen  only 

when  stevedoring  work  is  done  by  insured 78 

Steamship   Agents — Wharf    employees — Stevedores    and   freight 

handlers 7  40 

Stevedores  or  Lumpers — Handling  general  freight — Sea-going  and 

lake  vessels 7  40 

Stevedores  or  Lumpers — Handling  ore  and  coal  or  either  of  them 

exclusively  7  40 

Stevedores  or  Lumpers — River  and  Sound  steamers 4  62 

Weighers  on  DockS' — When  no  stevedore  work  is  done  by  insured       78 

STONE  SCHEDULE. 

Minimum  Premium. — For  all  risks  in  this  Schedule  involving  any 
quarry  work,  with  or  without  blasting,  $3.00.  For  all  other  classi- 
fications, $1.88. 

Pay-roll. — All  employees  in  or  about  any  quarry,  or  quarry  opera- 
tions, including  foremen,  teamsters,  scabblers,  drillers  and  laborers 
(but  not  including  stone-cutting  outside  of  quarry),  as  well  as  all  con- 
cerned in  blasting  operations,  shall  be  included  in  the  quarry  pay-roll 
and  at  the  full  quarry  rate. 

Employees  engaged  in  stone-cutting  on  the  quarry  banks  or  adjacent 
thereto  but  who  do  not  enter  the  quarry  may  be  classified  and  rated 
as  provided  in  this  schedule  for  a  stone-yard. 

Stripping  pay-roll  in  connection  with  marble  and  stone  quarries  is 
incidental  to  the  quarry  and  should  take  the  quarry  rate.  It  is  not 
proper  to  divide  the  pay-roll  and  apply  a  lower  rate  to  the  stripping 
operations. 

Blasting. — All  rates  in  this  schedule  include  blasting,  if  any. 

Adamant  Plaster  Mfrs.    (No  quarrying) 3  15 

Barytes  Mfrs.  (No  quarrying)   2  52 

Cement  Mfrs.  (No  quarrying) 5  04 

f Cement  Mfg.  and  Quarrying — With  or  without  blasting 6  30 

t Cement  Quarries — With  or  without  blasting 7  65 

Emery  Works — Crushing  and  grinding  only  (No  quarrying) ....   2  52 

Flint  and  Spar  Grinders  (No  quarrying) 2  52 

Grindstone  Mfrs.  (No  quarrying) 2  25 

Hone  and  Oil  Stone  Mfrs 2  16 

Lime  Burners  (No  quarrying) 3  15 

fLime  Quarries — With  or  without  blasting 7  65 

fLime    Quarries — With    or    without,    blasting,    including    stone 

crushing 6  30 


508  hillyer's  legal  manual. 

Rate 

Lithographic  Stone  Mfrs.  (No  quarrying) 1  80 

Lithoid  Mfrs.  (No  quarrying) 1  80 

Mantel  (Marble  or  Slate)  Mfrs.  (No  quarrying) 1  35 

Marble  Cutters  and  Polishers  (No  quarrying) 1  35 

Millstone  Mfrs.  (No  quarrying)  2  25 

Mortar  Mfrs.  (No  quarrying)    3  15 

Plaster-mills  (No  quarrying)   3  15 

Plaster  Mixing  or  Staff  Mfrs. — Mixing  dry  plaster  with  hair  (No 

crushing  or  grinding) 2  43 

t  Quarries — With  or  without  blasting  bluestone,  granite  or  mar- 
ble for  monumental  or  building  purposes  (No  quarrying  for 

dam  or  bridge  work)    6  30 

t Quarries  (Not  lime  or  cement)  with  or  without  blasting  (Not 

otherwise  classified)    8  10 

Sewer  Pipe  Mfrs.  (Reinforced  concrete  only) — Including  all  men 

on  ground  engaged  in  manufacturing  (No  laying  of  pipes) . .   2  25 

Silica,   grinding    (No   quarrying) 2  52 

fSlag,  excavating  of,  and  loading  on  cars — With  or  without  blast- 
ing    9  80 

Slate  Mfrs.  (No  quarrying) 1  98 

t Slate  Quarries — With  or  without  blasting 7  20 

Soapstone  Mfrs.  (No  quarrying) 1  80 

t Stone  Crushers   (Not  lime  stone) — Including  quarrying — With 

or  without  blasting 6  75 

Stone  Crushers  (No  quarrying) 3  15 

Stone-cutters  and  Polishers — Yard  work  only 1  35 

Stone  Yard  (No  quarrying) — Including  stone-fitters  sent  out  from 

yard  to  fit  stones  properly  on  job  (No  setting  of  stone) 1  98 

NOTE. — If  employees  sent  out  from  stone  yards  to  fit  cut  stones 

properly  on  job,  also  set  the  stones,  the  entire  pay-roll  of  such 

fitters  and  setters  shall  be  included  under  and  rated  the  same 

as  "Marble  and  Stone  Setters."    See  Contractors'  Schedule. 

Talc  Mills  (No  quarrying)   2  25 

TEXTILE  SCHEDULE. 

Minimum  Premium,  $1.50. 

Absorbent  Cotton  Mfrs 1  05 

Artificial  Feather  and  Flower  Mfrs 52 

Awning  and  Tent  Fabric  Mfrs. — Shop  only  (No  manufacturing 

of  wooden  pegs  or  iron  frames) 1  57 

NOTE. — This  classification  not  to  be  used  for  division  of  pay-roll 
purposes  and  not  to  be  used  if  assured  engages  in  erection  of 
awnings  and  tents.  Where  both  shop  and  outside  operations 
are  involved,  see  "Awning  and  Tent  Mfrs. — Shop  and  erect- 
ing,^' Miscellaneous  Schedule. 

Badge   (Silk  or  worsted)   Mfrs 87 

Bag  (Burlap,  Sacking)  Mfrs. — Weaving 2  10 


INDUSTRIAL   ACCIDENTS — STONE   AND   TEXTILE   SCHEDULES.  509 

Rate 

Bag  Mf rs. — Sewing  only 87 

Bleacheries 1  75 

Bonnet  Frame  Mfrs.  (No  wire  manufacturing)   52 

Braid  Mfrs.  (Not  embroidery  mfrs.) 87 

Bunting  Mfrs 87 

Burlap  and  Sack  Mfrs 2  10 

Calico  Printers 1  57 

Canvas  Belting  Mfrs 1  57 

Caps,  Mfrs.  of — Cloth  only — Sewing  machine  risk 52 

Carding  and  Fulling  Mills 87 

Carpet  Mfrs 87 

Cloak  Mfrs 52 

Clothing  Mfrs 52 

Cloth  Spongers 1  31 

Collar  and  Cuff  Mfrs. — Including  laundry 44 

Corset  Mfrs 52 

Cotton  Batting  Mfrs 4  72 

Cotton  Spinners 79 

Cotton  Weavers 79 

Dressmakers 52 

Duck  Cloth  Mfrs 1  57 

Dyers  of  Textiles — New  goods  (Not  ''Dyers  and  Cleaners") 1  75 

Embroidery  Mfrs 52 

Feather  Pillow  Mfrs 63 

Feather  and  Flower  (Artificial)  Mfrs 52 

Felting  Mfrs 1  57 

Finishers  of  Textiles^ — New  goods  (Same  as  "Dyers"). 

Flax-mills    1  57 

Fringe  and  Braid  Mfrs.  (Not  embroidery  mfg.)    87 

Fulling-mills    87 

Fur  Goods  Mfrs.   (Not  preparing  skins) 52 

Furnishing  Goods  Mfrs 52 

Garment  Mfrs.     See  ''Clothing  Mfrs." 

Glove  and  Mitten  (Silk,  Woolen  or  Thread)  Mfrs 63 

Hair  Cloth  Mfrs 1  31 

Handkerchief  Mfrs.^No  weaving 52 

Hat  (Straw)  Mfrs 52 

Hat   (Not  Straw)   Mfrs. — Including  moulding  and  manufactur- 
ing of  felt 70 

Horse  Blanket  Mfrs 1  57 

Hose  (Cotton)  Mfrs 1  57 

Hosiery   Mfrs 70 

Hosiery  Mfrs. — From  cop  yarn  (No  yarn  mfg.)    58 

Jute   Mfrs 3  15 

Knitting  Mills    70 

Knitting  Mills — From  cop  yarn  (No  yarn  mfg.)   58 

Lace  Mfrs 52 

Linen  Mfrs 70 

Mat  and  Matting  Mfrs 1  31 


510  hillyer's  legal  manual. 

Rate 
Mattress  Mfrs.  (No  spring  or  wire  work  or  excelsior  mfg.) ....   1  40 

Mercerizing  Cotton  Goods   1  75 

Millinery  Mfrs 52 

Necktie  Mfrs 52 

Net — Not   wire    (No   cordage   or  twine  making) 96 

Plush  and  Velvet  Goods  Mfrs 70 

Quilt  Mfrs 96 

Ribbon  Mfrs 44 

Rug  Mfrs 87 

Sail  Makers 87 

Shade  Cloth  Mfrs 1  57 

Shirt  Mfrs. — Including  laundry 44 

Shoddy  Mfrs 4  72 

Shoe  String  Mfrs 87 

Silk  Mfrs 44 

Silk  Thread  Mfrs 44 

Steam  Packing  Mfg. — Not  metal 1  75 

Straw  Hat  Mfrs 52 

Stuff  and  Woolen  Dyers — In  connection  with  textile  mfrs 1  75 

Suspender  Mfrs 87 

Tailors   52 

Thread  (Cotton  or  Linen)  Mfrs 70 

Thread  (Silk)  Mfrs 44 

Typewriter  Ribbon  Mfrs 87 

Umbrella  Mfrs 1  05 

Upholstery  Fabric  Mfrs 79 

Upholstery  Trimmings  Mfrs 79 

Wadding  and  Waste  Mfrs 4  72 

Webbing  Mfrs. — Elastic  or  nonelastic 87 

Wicking  Mfrs 1  05 

Window  Shade  and  Cloth  Mfrs. — Making  and  mounting 61 

Wool-combers  1  05 

Wool  Extract  Mfrs. — Chemical  separation  of  wool  from  cotton. .   1  75 

Wool-spinners — Excluding  shoddy  mfrs 79 

Wool-weavers — Excluding  shoddy   mfrs 79 

Woolen  Dyers — In  connection  with  textile  mfrs 1  75 

Yarn  Finishing  (no  manufacturing  of  yarn) — Putting  silk  finish 

on  and  winding  on  spools 52 

Yarn  Mfrs 79 

TOBACCO  SCHEDULE. 

Minimum  Premium,  $1.50. 

Cigar  and  Cigarette  Mfrs 52 

Tobacco  (Chewing,  Smoking,  Plug  and  Fine  Cut)  Mfrs 63 

Tobacco  (Snuff)  Mfrs 63 

Tobacco  Mfrs. — Not  otherwise  classified 63 


INDUSTRIAL   ACCIDENTS — TOBACCO,    VESSEL,   ETC.,    SCHEDULES.         511 

VESSEL  SCHEDULE. 

Minimiun  Premium,  $1.50. 

Rates  in  this  schedule  include  the  collision  hazard.     Policies  will 
not  be  issued  to  exclude  collision  hazard. 

Rate 

tBargemen  and  Lightermen 5  00 

jBarge  and  Canal  Boatmen — Crews  only  (no  loading  and  unload- 
ing)     4  00 

f  Ferry  Companies 4  00 

t Fishing  Vessels — Including  fish  curing,  packing  and  dealing. .  4  00 

tOcean  and  Coastwise  Sailing  Vessels 4  00 

fOcean  and  Coastwise  Steamers 4  00 

f  Ocean  and  Coastwise  Tugboats — Towing 4  50 

fRiver  and  Sound  Steamers  and  Sailing  Vessels 4  50 

t Supply  Boats — Supplying  water  or  gasoline  for  shipping 4  50 

WAREHOUSE  AND  STORE  SCHEDULE. 

Minimum  Premium,  $1.75. 

Agricultural  Implement  Stores  (no  manufacturing)   1  10 

Apartment  Hotel  and  Hotel  Apartment — Excluding  laundry. ...   1  31 

Apartment  Houses 1  31 

Asylums — Including  pay-roll  of  entire  staff — Excluding  injuries 

to  patients  due  to  negligence  of  professional  attendants 1  31 

Athletic  Clubs ' 1  31 

Auctioneers — To  cover  wherever  goods  are  auctioned 1  31 

Barbers 52 

Barbers'  Supplies  (no  manufacturing) 52 

Bathing-house  Employees 1  66 

Baths — Excluding  injuries  to  customers  due  to  negligence  of  pro- 
fessional attendants   1  31 

Billiard  and  Bowling  Halls 2  89 

Billiard  Halls  (no  bowling  alleys) 1  92 

Bowling  Halls 3  76 

Bottles  (Second-hand),  Dealers  in 4  55 

Butchers — Meat  or  provision  stores  (no  manufacturing,  slaughter- 
ing or  rendering)    61 

Butchers'  Supplies  (no  manufacturing) 61 

Carriage  Repositories  and  Salesrooms 52 

Clerical  Office  Employees  in  manufacturing  plants 21 

Clerical  Office  Employees — Not  in  manufacturing  plants 16 

NOTE. — It  being  understood  that  this  classification  shall  in- 
clude only  those  whose  duties  are  confined  to  keeping  the 
books  of  the  assured,  conducting  correspondence,  or  engaged 
wholly  in  the  office  where  such  books  are  kept  or  correspon- 
dence conducted,  and  who  have  no  duty  of  any  other  nature 
in  or  about  the  assured 's  premises. 


512  hillyer's  legal  manual. 

Rate 
Clothing   Stores — Wholesale  or  retail — With   or   without   manu- 
facturing         52 

Club-houses — Not  athletic,  country  or  yacht  club   65 

Cold  Storage  Warehouses 2  19 

Colleges — Except  pay-roll  of  professors  and  teachers — All  em- 
ployees engaged    in    care,    custody    and     maintenance     of 

premises,  including  elevator  attendants  1  31 

Clerical  Office  Employees 16 

Cotton  and  Woolen  Clipping — New  goods  only — Dealers  in,  and 

baling  (not  rag  and  paper  stock  dealers)   1  31 

Counter  Lunch  Room 1  31 

Country  Clubs 1  31 

Dentists 52 

Department  Stores   65 

NOTE. — This  classification  shall  also  apply  to  five  and  ten  cent 
stores,  or  stores  advertising  merchandise  for  sale  at  a  maxi- 
mum or  minimum  stated  price. 

Dry-goods  Stores  (no  manufacturing)    61 

Exhibitions — Agricultural,  horticultural  or  industrial,  in  parks 
or  other  ground  inclosures: 
Employees  engaged  in  the  care,  custody  and    maintenance  of 
premises,  excluding  those  engaged  in  the  operation  of  merry- 
go-rounds,    swings,    roller    coasters    and    other    amusement 

devices .• 1  14 

Employees  engaged  in  the  care,  operation  and  maintenance  of 
merry-go-rounds,  swings,  roller  coasters  and  other  amuse- 
ment devices 15  14 

Exposition  Building  Employees 1  14 

Furniture  Dealers — Store  only   52 

Glass    Merchants — Including    operations    of    bending,    grinding, 

bevelling  and  silvering  plate  glass  87 

Grain  Elevators  (Line) — Including  any  or  all  of  the  following 
operations:  Dealers  in  coal  and  wood,  wire  fencing,  agri- 
cultural implements,  hay,  grain  and  feed  and  lumber  yard.   1  75 

Grain  Elevators — Line  or  terminal 2  19 

Hardware  Stores  (no  maufacturing) 52 

Hay,  Straw  and  Feed  Dealers 1  31 

Hide  and  Leather  Dealers 1  31 

Hospitals — Including  pay-roll  of  entire  staff — Excluding  injuries 

to  patients  due  to  negligence  of  professional  attendants  ....       61 

Hospitals — Veterinary    5  25 

Hotels — Excluding  laundry 87 

Importers  and  Dealers  in  Goat  and  Sheep  Skins 61 

Iron  Merchants^ — Not  junk  or  scrap  iron  or  hardware  dealers  ...   1  31 

Jewelry  Stores — Wholesale  or  retail  or  both — All  employees 44 

Junk  Dealers — Shop  and  yard 10  50 

Ladies'  Hairdressing  and  Manicuring 52 

Leather  and  Hide  Dealers  (no  mfg.)   52 

Machinery  Dealers — Store  only  (no  manufacturing) 1  10 


INDUSTRIAL    ACCIDENTS WAREHOUSE    SCHEDULE.  513 

Kate 

Malt  Houses 1  75 

Marketmen — Including  meat  and  provision  store  (no  manufactur- 
ing, slaughtering  or  rendering)   61 

Mercantile  or  Manufacturing  Premises  variously  occupied  by  per- 
sons other  than  the  owner,  not  otherwise  classified  (owner's 

risk  only)    1  75 

Milk  Dealers — Store  or  depot  only 61 

Office  Buildings: 

Pay-roll  to  include  elevator  attendants  and  all  other  employees 

engaged  in  care,  custody  and  maintenance  of  premises 1  31 

Clerical  Office  Employees   16 

Paper  and  Rag  Stock  Dealers — Handling  new  paper  waste  from 
publishers,  printers,  lithographers,  etc.,  or  handling  new 
cloth     clippings    from    manufacturing     establishments     (no 

handling  of  junk,  old  rags  or  old  paper)   2  36 

Photographers — Studio  work  (not  producing  moving  pictures) .  .       52 
Poultry  Dealers — Wholesale  or  retail — Including  killing  of  poul- 
try         61 

Professors  and  Teachers  in  Schools  and  Colleges  (not  veterinary 

nor  manual  training)    16 

Professors,  Teachers  and  Assistants — Manual  training  schools.  .  .       87 

Professors,  Teachers  and  Assistants — Veterinary  colleges 87 

Public  Libraries : 

All  employees  engaged   in    care,  custody  and  maintenance    of 

premises,  including  elevator  attendants 1  31 

Librarians,  assistant  librarian  and  all  clerical  assistants 16 

Public  Museums  of  Art  or  Natural  History: 

All  employees  engaged  in  care,  custody  and  maintenance  of 

premises,  including  elevator  attendants   1  31 

Curator,  assistant  curator  and  all  clerical  assistants 16 

Public  Picture  Galleries: 

All  employees  engaged  in  care,  custody  and  maintenance  of 

premises,  including  elevator  attendants   1  31 

Curator,  assistant  curator  and  all  clerical  assistants  16 

Rag  and  Paper  Stock  Dealers  8  75 

Real  Estate  Employees — Outside    of    office,  including    collectors 

(no    construction   work) 87 

Restaurants    87 

Retail  Stores — Not  otherwise  classified    35 

Rubber  Stock  Dealers^ — Receiving,  handling,  baling  and  shipping 

old  rubber  stock 2  19 

Rubber  Tire  Dealers — Sale,  repair  and  vulcanizing,  including  ad- 
justments of  tires  to  vehicles  away  from  premises  of  assured.  2  19 
Schools — Except   pay-roll    of   professors    and   teachers — All  em- 
ployees engaged  in  care,  custody  and  maintenance  of  prem- 
ises, including  elevator  attendants 1  31 

Clerical  Office  Employees 16 

33 


514 

Rate 
Schools  and  Colleges — Employees  engaged  in  care  and  mainte- 
nance of  buildings   and    grounds,  excluding   farm   and  con- 
struction operations    1  31 

Clerical  Office  Employees   16 

Scrap  Iron  Dealers — Shop  and  yard  10  50 

Ship  Chandler  Stores  (no  manufacturing)   52 

Shooting  Galleries — Not  rifle  ranges   3  27 

Skating-rinks — Ice  or  roller 1  14 

Skins  (Goat  and  Sheep)  Importers  and  Dealers 61 

Storage   (Cold)    2  19 

Storage  (Baled  Cotton)   2  19 

Storage   (Furniture)     1  31 

Storage   (Grain) 2  19 

Storage  (General  Merchandise) — Not  otherwise  classified 2  19 

Store  Risks  (Retail) — Exclusively— Not  otherwise  classified  ....  35 

Store  Risks  (Wholesale) — Not  otherwise  classified 52 

Store  Risks  (Wholesale  and  Retail) — Not  otherwise  classified...  44 
Tailor  Store  (Wholesale  or  retail) — Including  cutting — With  or 

without  manufacturing   44 

Tenements: 

All  employees  engaged  in  care,  custody  and  maintenance  of 

premises,  including  elevator  attendants 1  31 

Clerical  Office  Employees   16 

Theater  Companies — Rate  applicable  to  players  or  entertainers 
only : 

(a)  For  operas,  dramas  and  comedies 61 

(b)  For  vaudeville,  burlesque,  farce,  continuous  performance 

and  moving  pictures 1  40 

Theater  Employees — Including  executives  or  managers  (not  stage 
managers),  box  office  employees,  ushers  and  others  not  em- 
ployed upon  the  stage  61 

Theater  Employees  with  stage  duties 1  40 

Tobacco  Rehandlers 52 

Warehouse    (Private) — Used    exclusively     for     storing    surplus 
stock  of  the  assured,  and  covered  in  connection  with  store 
or  other  sales  place,  to  take  the  rate  of  such  store  or  sales   • 
place — Not  applicable  to  any  form  of  warehousing  or  storing 
for  which  specific  rates  are  made  in  this  schedule. 
Warehousemen  (General  Merchandise) — Not  otherwise  classified    2  19 

Picture  Frame  Mf rs 2  43 

Wholesale  Store — Not  otherwise  classified   52 

Wholesale  and  Retail  Stores — Not  otherwise  classified 44 

Wholesale    or    Retail     Poultry     Dealers — Including     killing     of 

poultry 61 

Wine  and  Spirit  Merchants 87 

Wine  and  Spirit  Merchants    (Retail)    (no    bar    on    premises) — 

Liquor  sold  in  packages  only   87 

Wool  Merchants — Office  and  warehouse   61 


INDUSTRIAL   ACCIDENTS — WAREHOUSE   AND   WOOD   SCHEDULES.  515 

Rate 

Yacht  Clubs 1  31 

Y.  M.  C.  A.  and  Y.  W.  C.  A.  Institutions. — Pay-roll  must  include 

'all  teaching,  preaching  and  operative  force 44 

WOOD  SCHEDULE. 

Minimum  Premium,  $1.88. 

Barbers'  Supplies — Including  furniture  manufacturing 2  25 

Barrel  Mfrs. — Making  heads,  hoops,  staves,  etc.,  and  assembling.  4  05 
Barrel  Mfrs. — Not  making  heads,  hoops,  staves,  etc.,  assembling 

only 2  43 

Barrel   (Wood  Veneer)   Mfrs 4  05 

Baseball  Bat  Mfrs 2  16 

Basket   (Willow  Ware)   Mfrs 1  35 

Basket   (Wood  Veneer)  Mfrs 4  05 

Basket   (Wood  Veneer)  Mfrs.  (not  manufacturing  veneer  or  using 

machinery)    2  43 

Bedstead   (Not  metal)   Mfrs 2  25 

Beehive  Mfrs 2  25 

Bellows  Mfrs 2  25 

Bent  Wood  Mfrs 1  80 

Billiard-table  Mfrs. — Including  setting  up  at  place  of  delivery.  .  2  25 

Block    (Pulley)    Mfrs 2  70 

Bobbin  and  Spool   (Wood)  Mfrs 2  43 

Broom  Mfrs.  (No  sawmill)   72 

Broom  Mfrs.    (With  sawmill)    2  70 

Brush  Mfrs.   (No  sawmill)    72 

Brush  Mfrs.  (With  sawmill)   2  70 

Cabinet  Works  (Factory  or  factory  and  store)   2  25 

Cane    (Walking)    Mfrs I  80 

Canoe   (Wood)  Builders — Shop  only   2  25 

Carpenters — Shop  only 2  25 

Carriage  Woodwork  Mfrs.     See  rates  "Wood  Turners." 

Chair   Mfrs 1  80 

Coffin  and  Casket  (Wood)  Mfrs 2  25 

Coopers — Making  heads,  hoops,  staves,  etc.,  and  assembling.  ...  4  05 

Coopers — Not  making  heads,  hoops,  staves,  etc.,  assembling  only.  2  43 

Cork-cutting  Works   2  88 

Crutch   Mfrs 1  80 

Fishing  Rod  Mfrs 1  53 

Furniture  (Factory  or  Factory  and  Store) — Mfg.  and  finishing.  .  2  25 
Furniture,  Chair  and  Cabinet  Works — Assembling  of  manufac- 
tured parts  and  finishing  only  (on  premises  where  no  machin- 

erv  is   employed)    1  35 

Oolf  Clubs  Mfrs 1   53 

Hat  Block  Mfrs 2  70 

Hot  House  Mfrs. — Shop  only 2  25 

House  (Portable)  Mfrs. — Shop  only   2  25 


516 

Rate 

Incubator  Mf rs 2  25 

Joiners — In  shop 2  25 

Keg  Mfrs. — Making  heads,  hoops,  staves,  etc.,  and  assembling..  4  05 
Keg  Mfrs. — Not  making    heads,  hoops,    staves,    etc.,  assembling 

only 2  43 

Kindling  Wood  Mfrs 3  24 

Ladder  Mfrs 2  25 

Last  Mfrs 2  43 

Lead  Pencil  Mfrs 99 

Mantel  (Wood)  Mfrs.— Shop  only 2  25 

Mast  and  Spar  Mfrs. — Shop  only 3  60 

Musical  Instrument  Mfrs.  (Wood)    81 

Organ  (Cabinet  or  Parlor)  Builders — Including  the  setting  up  at 

the  place  of  delivery — Not  available  for  division  of  pay-roll.  81 
Organ  (Pipe  for  Churches)  Builders — Including  the  setting  up  at 

the  place  of  delivery 2  43 

Pail  Mfrs 3  24 

Parquet  Flooring  Mfrs. — Shop  only 2  25 

Pattern  and  Model  (Wood)  Mfrs 2  43 

Peg  and  Skewer  (Wood)  Mfrs 2  25 

Piano  Mfrs. — Including  the  setting  up  at  the  place  of  delivery.  .  81 

Piano  Action  Mfrs 81 

Piano  Forte  Case  Mfrs 81 

Piano  Keys  Mfrs 81 

Piano  Mfrs. — Assembling  of  parts  only 81 

Piano  Players    (Automatic) — Manufacturing,   installing   and  re- 
pair    81 

Picture  Frame  Mfrs.   (Not  operating  moulding  mill  or  manufac- 
turing mouldings) .- 1  80 

Picture  Frame  Mfrs.  (No  power  machinery) 1  08 

Pipe  Mfrs.— Wood  (Tobacco)  1  44 

Pulley  Block  (Wood)  Mfrs 2  70 

Pump   (Wood)   Mfrs 2  25 

Pyrographic  Goods  Mfrs 2  25 

Rattan  Goods  Mfrs 1  35 

Refrigerator  Mfrs. — Shop  only 2  25 

School  Supplies  Mfrs 2  25 

Screen  Mfrs.  (Window^  or  door) 2  25 

Shade  Roller  Mfrs.  (Including  assembling) 1  80 

Showcase  Mfrs 2  25 

Spar  and  Mast  Mfrs.— Shop  only 3  60 

Spool  (Wood)  Mfrs 2  43 

Tank  (Wood)  Builders— Shop  only 3  60 

Toy  (Wood)  Mfrs 2  43 

Trunk  (Wood)  Mfrs. — Including  metal  frames  and  fittings 3  24 

Tub  Mfrs 3  24 

Turners  (Wood)  2  70 

Veneer    Package    Mfrs. — Fruit    and    vegetable    baskets,    butter 

dishes,  etc.,  made  from  veneer  (Not  veneer  mfrs.) 2  70 


INDUSTRIAL    ACCIDENTS M  IN  INC!    LAWS.  517 

Rate 

Veneer  Seat  Mfrs.  (Not  veneer  mfrs.)    2  70 

Washboard  Mfrs 2  43 

Washing  Machine  and  Clothes  Wringers  M  Frs 2  70 

Weather  Strip  Mfrs. — Window  or  door 2  16 

Wheelbarrow    (Wood)   Mfrs 2  52 

Willow  Ware  Mfrs 1  35 

Windmill  (Wood)  Mfrs.— Shop  only   2  43 

AVindow  Blind  and  Wood  Shade  Mfrs 2  70 

Woodenware  Mfrs. — Not  otherwise  classified 2  70 

Wood  Heel  Mfrs 2  25 

Wood  Mantel  Mfrs 2  25 

Wood  Tank  Builders— Shop  only 3  60 

Wood  Turners 2  70 


UNITED  STATES  MINING  LAWS. 

Mineral  Lands  Reserved. — In  all  cases  lands  valuable  for  minerals 
shall  be  reserved  from  sale,  except  as  otherwise  expressly  directed  by 
law.     (R.  S.  2318.) 

Mineral  Lands  Open  to  Purchase  by  Citizens. — All  valuable  mineral 
deposits  in  lands  belonging  to  the  United  States,  both  surveyed  and 
unsurveyed,  are  hereby  declared  to  be  free  and  open  to  exploration 
and  purchase,  and  the  lands  in  which  they  are  found  to  occupation 
and  purchase,  by  citizens  of  the  United  States  and  those  who  have 
declared  their  intention  to  become  such,  under  regulations 'prescribed 
by  law,  and  according  to  the  local  customs  or  rules  of  miners  in  the 
several  mining  districts,  so  far  as  the  same  are  applicable,  and  not  in- 
consistent with  the  laws  of  the  United  States.     (R.  S.  2319.) 

Length  of  Mining  Claims  upon  Veins  or  Lodes. — Mining  claims 
upon  veins  or  lodes  of  quartz  or  other  rock  in  place  bearing  gold, 
silver,  cinnabar,  lead,  tin,  copper,  or  other  valuable  deposits,  hereto- 
fore located,  shall  be  governed  as  to  length  along  the  vein  or  lode 
by  the  customs,  regulations,  and  laws  in  force  at  the  date  of  their 
location.  A  mining  claim  located  after  the  tenth  day  of  May,  eigh- 
teen hundred  and  seventy-two,  whether  located  by  one  or  more  per- 
sons, may  equal,  but  shall  not  exceed,  one  thousand  five  hundred  feet 
in  length  along  the  vein  or  lode;  but  no  location  of  a  mining  claim 
shall  be  made  until  the  discovery  of  the  vein  or  lode  within  the  limits 
of  the  claim  located.  No  claim  shall  extend  more  than  three  hundred 
feet  on  each  side  of  the  middle  of  the  vein  at  the  surface ;  nor  shall 
any  claim  be  limited  by  any  mining  regulation  to  less  than  twenty- 
five  feet  on  each  side  of  the  middle  of  the  vein  at  the  surface,  except 
where  adverse  rights  existing  on  the  tenth  day  of  May,  eighteen 
hundred  and  seventy-two,  render  such  limitation  necessary.  The  end 
lines  of  each  claim  shall  be  parallel  to  each  other.     (R.  S.  2320.) 

Proof  of  Citizenship. — Proof  of  citizenship,  under  this  chapter,  may 
consist,  in  the  case  of  an  individual,  of  his  own  affidavit  thereof;  in 


518  HILLYER^S  LEGAL   MANUAL. 

the  ease  of  an  association  of  persons  unincorporated,  of  the  affidavit 
of  their  authorized  agent,  made  on  his  own  knowledge  or  upon 
information  and  belief;  and  in  the  case  of  a  corporation  organized 
under  the  laws  of  the  United  States,  or  of  any  State  or  Territory 
thereof,  by  filing  of  a  certified  copy  of  their  charter  or  certificate 
of  incorporation.     (R.  S.  2821.) 

Locators'  Rights  of  Possession  and  Enjoyment — Extralateral  Rights. 
The  locators  of  all  mining  locations  heretofore  made  or  which  shall 
hereafter  be  made,  on  any  mineral  vein,  lode,  or  ledge,  situated  on 
the  public  domain,  their  heirs  and  assigns,  where  no  adverse  claim 
exists  on  the  tenth  day  of  May,  eighteen  hundred  and  seventy-two, 
so  long  as  they  comply  with  the  laws  of  the  United  States,  and  with 
State,  Territorial  and  local  regulations  not  in  conflict  with  the  laws 
of  the  United  States  governing  their  possessory  title,  shall  have  the 
exclusive  right  of  possession  and  enjoyment  of  all  the  surface  included 
within  the  lines  of  their  locations,  and  of  all  veins,  lodes,  and  ledges 
throughout  their  entire  depth,  the  top  or  apex  of  which  lies  inside 
of  such  surface  lines  extended  downward  vertically,  although  such 
veins,  lodes,  or  ledges  may  so  far  depart  from  a  perpendicular  in 
their  course  downward  as  to  extend  outside  the  vertical  side  lines  of 
such  surface  locations.  But  their  right  of  possession  to  su-ch  outside 
parts  of  such  veins  or  ledges  shall  be  confined  to  such  portions  thereof 
as  lie  between  vertical  planes  drawn  downward  as  above  described, 
through  the  end  lines  of  their  locations,  so  continued  in  their  own 
direction  that  such  planes  will  intersect  such  exterior  parts  of  such 
veins  or  ledges.  And  nothing  in  this  section  shall  authorize  the  locator 
or  possessor  of  a  vein  or  lode  which  extends  in  its  downw^ard  course 
beyond  the  vertical  lines  of  his  claim  to  enter  upon  the  surface  of  a 
claim  owned  or  possessed  by  another.     (R.  S.  2322.) 

Owners  of  Tunnels,  Rights  of. — Where  a  tunnel  is  run  for  the 
development  of  a  vein  or  lode,  or  for  the  discovery  of  mines,  the 
owners  of  such  tunnel  shall  have  the  right  of  possession  of  all  veins 
or  lodes  within  three  thousand  feet  from  the  face  of  such  tunnel  on 
the  line  thereof,  not  previously  known  to  exist,  discovered  in  such 
tunnel,  to  the  same  extent  as  if  discovered  from  the  surface ;  and 
locations  on  the  line  of  such  tunnel  of  veins  or  lodes  not  appearing 
on  the  surface,  made  by  other  parties  after  the  commencement  of 
the  tunnel,  and  while  the  same  is  being  prosecuted  with  reasonable 
diligence,  shall  be  invalid,  but  failure  to  prosecute  the  work  on  the 
tunnel  for  six  months  shall  be  considered  as  an  abandonment  of  the 
right  to  all  undiscovered  veins  on  the  line  of  such  tunnel.     (R.  S.  2323.) 

Regulations  Made  by  Miners — Locations,  How  Marked — Records — 
Defaulting  Co-owners — Money  Expended  on  Tunnel  —  Assessment 
Period  Commences  January  1st  Succeeding  Date  of  Location. — The 
miners  of  each  mining  district  may  make  regulations  not  in  conflict 
with  the  laws  of  the  United  States,  or  with  the  laws  of  the  State  or 
Territory  in  which  the  district  is  situated,  governing  the  location, 
manner  of  recording,  amount  of  work  necessary  to  hold  possession  of 


UNITED    STATES    MINING    LAWS.  519 

a  mining  claim,  subject  to  the  following  requirements:  The  location 
must  be  distinctly  marked  on  the  ground  so  that  its  boundaries  can 
be  readily  traced.  All  records  of  mining  claims  hereafter  made  shall 
contain  the  name  or  names  of  the  locators,  the  date  of  the  location, 
and  such  a  description  of  the  claim  or  claims  located  by  reference  to 
some  natural  object  or  permanent  monument  as  will  identify  the 
claim.  On  each  claim  located  after  the  tenth  day  of  May,  eighteen 
hundred  and  seventy-two,  and  until  a  patent  has  been  issued  therefor, 
not  less  than  one  hundred  dollars'  worth  of  labor  shall  be  performed 
or  improvements  made  during  each  year.  On  all  claims  located  prior 
to  the  tenth  day  of  May,  eighteen  hundred  and  seventy-two,  ten 
dollars'  worth  of  labor  shall  be  performed  or  improvements  made  by 
the  1st  day  of  January,  eighteen  hundred  and  seventy-five,  and  each 
year  thereafter,  for  each  one  hundred  feet  in  length  along  the  vein 
until  a  patent  has  been  issued  therefor;  but  where  such  claims  are 
held  in  common,  such  expenditure  may  be  made  upon  any  one  claim; 
and  upon  a  failure  to  comply  with  these  conditions  the  claim  or  mine 
upon  which  such  failure  occurred  shall  be  open  to  relocation  in  the 
same  manner  as  if  no  location  of  the  same  had  ever  been  made,  pro- 
vided that  the  original  locators,  their  heirs,  assigns,  or  legal  repre- 
sentatives, have  not  resumed  work  upon  the  claim  after  failure  and 
before  such  location.  Upon  the  failure  of  any  one  of  several  co-owners 
to  contribute  his  proportion  of  the  expenditures  required  hereby,  the 
co-owners  who  have  performed  the  labor  or  made  the  improvements 
may,  at  the  expiration  of  the  year,  give  such  delinquent  co-owner 
personal  notice  in  writing  or  notice  by  publication  in  the  newspaper 
published  nearest  the  claim  for  at  least  once  a  week  for  ninety  days, 
and  if  at  the  expiration  of  ninety  days  after  such  notice  in  writing 
or  by  publication  such  delinquent  should  fail  or  refuse  to  contribute 
his  proportion  of  the  expenditure  required  by  this  section  his  interest 
in  the  claim  shall  become  the  property  of  his  co-owners  who  have 
made  the  required  expenditures.     (R.  S.  2324.) 

Where  a  person  or  company  has  or  may  run  a  tunnel  for  the  purpose 
of  developing  a  lode  or  lodes,  owned  by  said  person  or  company,  the 
money  so  expended  in  said  tunnel  shall  be  taken  and  considered  as 
expended  on  said  lode  or  lodes,  whether  located  prior  to  or  since  the 
passage  of  said  act ;  and  such  person  or  company  shall  not  be  re- 
quired to  perform  work  on  the  surface  of  said  lode  or  lodes  in  order 
to  hold  the  same.     (18  Stats,  at  Large,  315.) 

Provided,  that  the  period  within  which  the  work  is  required  to  be  done 
annually  on  all  unpatented  mineral  claims  shall  commence  on  the  first 
day  of  January  succeeding  the  date  of  location  of  such  claim,  and 
this  section  shall  apply  to  all  claims  located  since  the  tenth  day  of 
May,  Anno  Domini  eighteen  hundred  and  seventy-two.  (21  Stats. 
at  Large,  61.) 

Patents  for  Mineral  Lands,  How  Obtained — ^Application  for  Patent 
by  Agent. — A  patent  for  any  land  claimed  and  located  for  valuable 
deposits  may  be  obtained  in  the  following  manner:  Any  person,  as- 


520  hillyer's  legal  manual. 

sociation,  or  corporation  authorized  to  locate  a  claim  under  this  chap- 
ter, having  claimed  and  located  a  piece  of  land  for  such  purposes,  who 
has,  or  have,  complied  with  the  terms  of  this  chapter,  may  file  in  the 
proper  land  office  an  application  for  a  patent,  under  oath,  showing 
such  compliance,  together  with  a  plat  and  field-notes  of  the  claim 
or  claims  in  common,  made  by  or  under  the  direction  of  the  United 
States  surveyor  general,  showing  accurately  the  boundaries  of  the 
claim  or  claims,  which  shall  be  distinctly  marked  by  monuments  on 
the  ground,  and  shall  post  a  copy  of  such  plat,  together  with  a  notice 
of  such  application  for  a  patent,  in  a  conspicuous  place  on  the  land 
embraced  in  such  plat  previous  to  the  filing  of  the  application  for  a 
patent,  and  shall  file  an  affidavit  of  at  least  two  persons  that  such 
notice  has  been  duly  posted,  and  shall  file  a  copy  of  the  notice  in  such 
land  office,  .and  shall  thereupon  be  entitled  to  a  patent  for  the  land, 
in  the  manner  following:  The  register  of  the  land  office,  upon  the 
filing  of  such  application,  plat,  field-notes,  notices,  and  affidavits,  shall 
publish  a  notice  that  such  application  has  been  made,  for  the  period 
of  sixty  days,  in  a  newspaper  to  be  by  him  designated  as  published 
nearest  to  such  claim;  and  he  shall  also  post  such  notice  in  his  office 
for  the  same  period.  The  claimant  at  the  time  of  filing  this  appli- 
cation, or  at  any  time  thereafter,  within  the  sixty  days  of  publication, 
shall  file  with  the  register  a  certificate  of  the  United  States  surveyor 
general  that  five  hundred  dollars'  worth  of  labor  has  been  expended 
or  improvements  made  upon  the  claim  by  himself  or  grantors;  that 
the  plat  is  correct,  with  such  further  description  by  such  reference 
to  natural  objects  or  permanent  monuments  as  shall  identify  the 
claim,  and  furnish  an  accurate  description  to  be  incorporated  in  the 
patent.  At  the  expiration  of  the  sixty  days  of  publication  the  claim- 
ant shall  file  his  affidavit,  showing  that  the  plat  and  notice  have  been 
posted  in  a  conspicuous  place  on  the  claim  during  such  period  of  pub- 
lication. If  no  adverse  claim  shall  have  been  filed  with  the  register 
and  the  receiver  of  the  proper  land  office  at  the  expiration  of  the  sixty 
days  of  publication,  it  shall  be  assumed  that  the  applicant  is  entitled 
to  a  patent,  upon  the  payment  to  the  proper  officer  of  five  dollars  per 
acre,  and  that  no  adverse  claim  exists ;  and  thereafter  no  objection 
from  third  parties  to  the  issuance  of  a  patent  shall  be  heard,  except  it 
be  shown  that  the  applicant  has  failed  to  comply  with  the  terms  of 
this  chapter.     (R.  S.  3925.) 

Provided,  that  where  the  claimant  for  a  patent  is  not  a  resident  of 
or  within  the  land  district  wherein  the  vein,  lode,  ledge,  or  deposit 
sought  to  be  patented  is  located,  the  application  for  patent  and  the 
affidavits  required  to  be  made  in  this  section  by  the  claimant  for 
such  patent  may  be  made  by  his,  her,  or  its  authorized  agent,  where 
said  agent  is  conversant  with  the  facts  sought  to  be  established  by  said 
affidavits :  And  provided,  that  this  section  shall  apply  to  the  applications 
now  pending  for  patents  to  mineral  lands.      (21  Stats,  at  Large,  61.) 

Adverse  Claim,  Proceedings  on — Adverse  Claim  Verified  by  Agent — 
Affidavit  of  Citizenship. — Where  an  adverse  claim  is  filed  during  the 
period  of  publication,  it  shall  be  upon  oath  of  the  person  or  persons 


UNITED    STATES    MINING    LAWS.  521 

making  the  same,  and  shall  show  the  nature,  boundaries,  and  extent  of 
such  adverse  claim,  and  all  proceedings,  except  the  publication  of 
notice  and  making  and  filing  of  the  affidavit  thereof,  shall  be  stayed 
until  the  controversy  shall  have  been  settled  or  decided  by  a  court  of 
competent  jurisdiction,  or  the  adverse  claim  waived.  It  shall  be  the 
duty  of  the  adverse  claimant,  within  thirty  days  after  filing  his  claim, 
to  commence  proceedings  in  a  court  of  competent  jurisdiction,  to  de- 
termine the  question  of  the  right  of  possession,  and  prosecute  the  same 
with  reasonable  diligence  to  final  judgment ;  and  a  failure  so  to  do  shall 
be  a  waiver  of  his  adverse  claim.  After  such  judgment  shall  have 
been  rendered,  the  party  entitled  to  the  possession  of  the  claim,  or  any 
portion  thereof,  may,  without  giving  further  notice,  file  a  certified  copy 
of  the  judgment-roll  with  the  register  of  the  land  office,  together  with 
the  certificate  of  the  surveyor  general  that  the  requisite  amount  of  labor 
has  been  expended  or  improvements  made  thereon,  and  the  description 
required  in  other  cases,  and  shall  pay  to  the  receiver  five  dollars  per 
acre  for  his  claim,  together  with  the  proper  fees,  whereupon  the  whole 
proceedings  and  the  judgment-roll  shall  be  certified  by  the  register 
to  the  Commissioner  of  the  General  Land  Office,  and  a  patent  shall 
issue  thereon  for  the  claim,  or  such  portion  thereof  as  the  applicant 
shall  appear,  from  the  decision  of  the  court,  to  rightly  possess.  If 
it  appears  from  the  decision  of  the  court  that  several  parties  are  en- 
titled to  separate  and  different  portions  of  the  claim,  each  party  may 
pay  for  his  portion  of  the  claim  with  the  proper  fees,  and  file  the 
certificate  and  description  by  the  surveyor  general,  whereupon  the 
register  shall  certify  the  proceedings  and  judgment-roll  to  the  Com- 
missioner of  the  General  Land  Office,  as  in  the  preceding  case,  and 
patents  shall  issue  to  the  several  parties  according  to  their  respective 
rights.  Nothing  herein  contained  shall  be  construed  to  prevent  the 
alienation  of  a  title  conveyed  by  a  patent  for  a  mining  claim  to  any 
person  whatever.     (R.  S.  2326.) 

The  adverse  claim  required  by  section  twenty-three  hundred  and 
twenty-six  of  the  Revised  Statutes  may  be  verified  by  the  oath  of  any 
duly  authorized  agent  or  attorney  in  fact  of  the  adverse  claimant 
cognizant  of  the  facts  stated ;  and  the  adverse  claimant,  if  residing  or 
at  the  time  being  beyond  the  limits  of  the  district  wherein  the  claim 
is  situated,  may  make  oath  to  the  adverse  claim  before  the  clerk  of 
any  court  of  record  of  the  United  States  or  the  State  or  Territory 
where  the  adverse  claimant  may  then  be,  or  before  any  notary  public 
of  such  State  or  Territory.     (22  Stats,  at  Large,  49.) 

Applicants  for  mineral  patents,  if  residing  beyond  the  limits  of  the 
district  wherein  the  claim  is  situated,  may  make  any  oath  or  affidavit 
required  for  proof  of  citizenship  before  the  clerk  of  any  court  of  record, 
or  before  any  notary  public  of  any  State  or  Territory.  (22  Stats,  at 
Large,  49.) 

Description  of  Mining  Vein  or  Lode  Claims — Patents  to  Con- 
form to  Official  Monuments — Monuments  to  Govern  Descriptions. — 
The  description  of  vein  or  lode  claims  upon  surveyed  lands  shall 
designate  the  location  of  the  claims  with  reference  to  the  lines   of 


522  HILLYER^S  LEGAL   MANUAL. 

the  public  survey,  but  need  not  conform  therewith ;  but  wh'ere 
patents  have  been  or  shall  be  issued  for  claims  upon  unsurveyed 
lands,  the  surveyors  general,  in  extending  the  public  survey,  shall 
adjust  the  same  to  the  boundaries  of  said  patented  claims  so  as  in 
no  case  to  interfere  with  or  change  the  true  location  of  such  claims 
as  they  are  officially  established  upon  the  ground.  Where  patents 
have  issued  for  mineral  lands,  those  lands  only  shall  be  segregated 
and  shall  be  deemed  to  be  patented  which  are  bounded  by  the  lines 
actually  marked,  defined,  and  established  upon  the  ground  by  the 
monuments  of  the  official  survey  upon  which  the  patent  grant  is 
based,  and  surveyors  general  in  executing  subsequent  patent  sur- 
veys, whether  upon  surveyed  or  unsurveyed  lands,  shall  be  governed 
accordingly.  The  said  monuments  shall  at  all  times  constitute  the 
highest  authority  as  to  what  land  is  patented,  and  in  case  of  any  con- 
flict between  the  said  monuments  of  such  patented  claims  and  the 
descriptions  of  said  claims  in  the  patents  issued  therefor  the  monu- 
ments on  the  ground  shall  govern,  and  erroneous  or  inconsistent 
descriptions  or  calls  in  the  patent  descriptions  shall  give  way 
thereto.     (R.  S.  2327.) 

Pending  Applications — Existing  Rights. — Applications  for  patents 
for  mining  claims  under  former  laws  now  pending  may  be  prose- 
cuted to  a  final  decision  in  the  General  Land  Office ;  but  in  such  cases 
where  adverse  rights  are  not  affected  thereby,  patents  may  issue 
in  pursuance  of  the  provisions  of  this  chapter;  and  all  patents  for 
mining  claims  upon  veins  or  lodes  heretofore  issued  shall  convey  all 
the  rights  and  privileges  conferred  by  this  chapter  where  no  adverse 
rights  existed  on  the  tenth  day  of  May,  eighteen  hundred  and  sev- 
enty-two.    (R.  S.  2328.) 

Conformity  of  Placer  Claims  to  Surveys,  Limit  of. — Claims  usually 
called  "placers,"  including  all  forms  of  deposit,  excepting  veins  of 
quartz,  or  other  rock  in  place,  shall  be  subject  to  entry  and  patent, 
under  like  circumstances  and  conditions,  and  upon  similar  proceed- 
ings, as  are  provided  for  vein  or  lode  claims;  but  where  the  lands 
have  been  previously  surveyed  by  the  United  States,  the  entry  in 
its  exterior  limits  shall  conform  to  the  legal  subdivisions  of  the  pub- 
lic lands.     (R.  S.  2329.) 

Subdivisions  of  Ten-acre  Tracts — Maximum  of  Placer  Locations. 
Legal  subdivisions  of  forty  acres  may  be  subdivided  into  ten-acre 
tracts;  and  two  or  more  persons,  or  associations  of  persons,  having 
contiguous  claims  of  any  size,  although  such  claims  may  be  less  than 
ten  acres  each,  may  make  joint  entry  thereof;  but  no  location  of  a 
placer  claim,  made  after  the  ninth  day  of  July,  eighteen  hundred 
and  seventy,  shall  exceed  one  hundred  and  sixty  acres  for  any  one 
person  or  association  of  persons,  which  location  shall  conform  to 
the  United  States  surveys;  and  nothing  in  this  section  contained  shall 
defeat  or  impair  any  bona  fide  pre-emption  or  homestead  claim  upon 
agricultural  lands,  or  authorize  the  sale  of  the  improvements  of  any 
bona  fide  settler  to  any  purchaser.     (R.  S.  2330.) 


UNITED    STATES    MINING    LAWS.  523 

Conformity  of  Placer  Claims  to  Surveys,  Limitation  of  Claims. — 

Where  placer  claims  are  upon  surveyed  lands,  and  conform  to  legal 
subdivisions,  no  further  survey  or  plat  shall  be  required,  and 
all  placer  mining  claims  located  after  the  tenth  day  of  May,  eighteen 
hundred  and  seventy-two,  shall  conform  as  near  as  practicable  with 
the  United  States  system  of  public  land  surveys,  and  the  rectangular 
subdivisions  of  such  surveys,  and  no  such  location  shall  include  more 
than  twenty  acres  for  each  individual  claimant;  but  where  placer 
claims  cannot  be  conformed  to  legal  subdivisions,  survey  and  plat 
shall  be  made  as  on  unsurveyed  lands ;  and  where  by  the  segrega- 
tion of  mineral  lands  in  any  legal  subdivision  a  quantity  of  agri- 
cultural land  less  than  forty  acres  remains,  such  fractional  portion 
of  agricultural  land  may  be  entered  by  any  party  qualified  by  law, 
for  homestead  or  pre-emption  purposes.     (R.  S.  2331.) 

What  Evidence  of  Possession,  etc.,  to  Establish  a  Right  to  a  Pat- 
ent.— Where  such  person  or  association,  they  and  their  grantors, 
have  held  and  worked  their  claims  for  a  period  equal  to  the  time  pre- 
scribed by  the  statute  of  limitations  for  mining  claims  of  the  State 
or  Territory  where  the  same  may  be  situated,  evidence  of  such  pos- 
session and  working  of  the  claims  for  such  period  shall  be  sufficient 
to  establish  a  right  to  a  patent  thereto  under  this  chapter,  in  the 
absence  of  any  adverse  claim ;  but  nothing  in  this  chapter  shall  be 
deemed  to  impair  any  lien  which  may  have  attached  in  any  way 
whatever  to  any  mining  claim  or  property  thereto  attached  prior  to 
the  issuance  of  a  patent.     (R.  S.  2332.) 

Proceedings  for  Patent  for  Placer  Claim,  etc. — Pajrtnent. — W^here 
the  same  person,  association,  or  corporation  is  in  possession  of  a 
placer  claim,  and  also  a  vein  or  lode  included  within  the  bound- 
aries thereof,  application  shall  be  made  for  a  patent  for  the  placer 
claim,  with  the  statement  that  it  includes  such  vein  or  lode,  and 
in  such  case  a  patent  shall  issue  for  the  placer  claim,  subject 
to  the  provisions  of  this  chapter,  including  such  vein  or  lode,  upon 
the  payment  of  five  dollars  per  acre  for  such  vein  or  lode  claim  and 
twenty-five  feet  of  surface  on  each  side  thereof.  The  remainder 
of  the  placer  claim  or  any  placer  claim  not  embracing  any  vein  or 
lode  claim  shall  be  paid  for  at  the  rate  of  two  dollars  and  fifty  cents 
per  acre,  together  with  all  costs  of  proceedings ;  and  where  a  vein 
or  lode,  such  as  is  described  in  section  twenty-three  hundred  and 
twenty,  is  known  to  exist  within  the  boundaries  of  a  placer  claim, 
an  application  for  a  patent  for  such  placer  claim  which  does  not  in- 
clude an  application  for  the  vein  or  lode  claim  shall  be  construed  as 
a  conclusive  declaration  that  the  claimant  of  the  placer  claim  has  no 
right  of  possession  of  the  vein  or  lode  claim;  but  where  the  existence 
of  a  vein  or  lode  in  a  placer  claim  is  not  known,  a  patent  for  the 
placer  claim  shall  convey  all  valuable  mineral  and  other  deposits 
within  the  boundaries  thereof.     (R.  S.  2333.) 

Surveyor  General  to  Appoint  Surveyors  of  Mining  Claims — Ex- 
penses   of    Survey,    How    Paid — Sworn    Statement. — The    surveyor 


524  hillyer's  legal  manual. 

general  of  the  United  States  may  appoint  in  each  land  district 
containing  mineral  lands  as  many  competent  surveyors  as  shall 
apply  for  appointment  to  survey  mining-  claims.  The  expenses  of 
the  survey  of  vein  or  lode  claims,  and  the  survey  and  subdivision 
of  placer  claims  into  smaller  quantities  than  one  hundred  and  sixty 
acres,  together  with  the  cost  of  publication  of  notices,  shall  be  paid 
by  the  applicants,  and  they  shall  be  at  liberty  to  obtain  the  same 
at  the  most  reasonable  rates,  and  they  shall  also  be  at  liberty  to 
employ  any  United  States  deputy  surveyor  to  make  the  survey. 
The  Commissioner  of  the  General  Land  Office  shall  also  have  power 
to  establish  the  maximum  charges  for  surveys  and  publication  of 
notices  under  this  chapter;  and,  in  case  of  excessive  charges  for  pub- 
lication, he  may  designate  any  newspaper  published  in  a  land  dis- 
trict where  mines  are  situated  for  the  publication  of  mining  notices 
in  such  district,  and  fix  the  rates  to  be  charged  by  such  paper;  and, 
to  the  end  that  the  Commissioner  may  be  fully  informed  on  the  sub- 
ject, each  applicant  shall  file  with  the  register  a  sworn  statement 
of  all  charges  and  fees  paid  by  such  applicant  for  publication  and 
surveys,  together  with  all  fees  and  money  paid  the  register  and  the 
receiver  of  the  land  office,  which  statement  shall  be  transmitted, 
with  the  other  papers  in  the  case,  to  the  Commissioner  of  the  Gen- 
eral Land  Office.     (R.  S.  2334.) 

Verification  of  Affidavits — Notice  of  Taking  Testimony  on  Contest. 
All  affidavits  required  to  be  made  under  this  chapter  may  be  veri- 
fied before  any  officer  authorized  to  administer  oaths  within  the  land 
district  where  the  claims  may  be  situated,  and  all  testimony  and 
proofs  may  be  taken  before  any  such  officer,  and,  when  duly  certi- 
fied by  the  officer  taking  the  same,  shall  have  the  same  force  and 
effect  as  if  taken  before  the  register  and  receiver  of  the  land  office. 
In  cases  of  contest  as  to  the  mineral  or  agricultural  character  of 
land,  the  testimony  and  proofs  may  be  taken  as  herein  provided  on 
personal  notice  of  at  least  ten  days  to  the  opposing  party;  or  if  such 
party  cannot  be  found,  then  by  publication  of  at  least  once  a  week 
for  thirty  days  in  a  newspaper,  to  be  designated  by  the  register  of 
the  land  office  as  published  nearest  to  the  location  of  such  land;  and 
the  register  shall  require  proof  that  such  notice  has  been  given.  (R.  S. 
2335.) 

Where  Veins  Intersect  or  Unite. — Where  two  or  more  veins  inter- 
sect or  cross  each  other,  priority  of  title  shall  govern,  and  such  prior 
location  shall  be  entitled  to  all  ore  or  mineral  contained  within  the 
space  of  intersection;  but  the  subsequent  location  shall  have  the 
right  of  way  through  the  space  of  intersection  for  the  purposes  of 
the.  convenient  working  of  the  mine.  And  where  two  or  more  veins 
unite,  the  oldest  or  prior  location  shall  take  the  vein  below  the  point 
of  union,  including  all  the  space  of  intersection.     (R.  S.  2336.) 

Patents  for  Nonmineral  Lands,  Mill  Sites,  etc. — Where  nonmin- 
eral  land  not  contiguous  to  the  vein  or  lode  is  used  or  occupied  by 
the  proprietor  of  such  vein  or  lode  for  mining  or  milling  purposes, 


I 


UNITED    STATES    MINING    LAWS.  525 

such  nonadjacent  surface  ground  may  be  embraced  and  included  in 
an  application  for  a  patent  for  such  vein  or  lode,  and  the  same  may 
be  patented  therewith,  subject  to  the  same  preliminary  requirements 
as  to  survey  and  notice  as  are  applicable  to  veins  or  lodes;  but  no 
location  hereafter  made  of  such  nonadjacent  land  shall  exceed  five 
acres,  and  payment  for  the  same  must  be  made  at  the  same  rate  as 
fixed  by  this  chapter  for  the  superficies  of  the  lode.  The  owner  of 
a  quartz-mill  or  reduction  works,  not  owning  a  mine  in  connection 
therewith,  may  also  receive  a  patent  for  his  mill  site,  as  provided  in 
this  section.     (R.  S.  2337.) 

What  Conditions  of  Sale  may  be  Made  by  Local  Legfislature. — 
As  a  condition  of  sale,  in  the  absence  of  necessary  legislation  by 
Congress,  the  local  legislature  of  any  State  or  Territory  may  pro- 
vide rules  for  working  mines,  involving  easements,  drainage,  and 
other  necessary  means  to  their  complete  development ;  and  those  con- 
ditions shall  be  fulh^  expressed  in  the  patent.     (R.  S.  2338.) 

Vested  Rights  to  Use  of  Water  for  Mining — Right  of  Way  for 
Canals. — Whenever,  by  priority  of  possession,  rights  to  the  use  of 
water  for  mining,  agricultural,  manufacturing,  or  other  purposes, 
have  vested  and  accrued,  and  the  same  are  recognized  and  acknow^l- 
edged  by  the  local  customs,  laws,  and  the  decisions  of  courts,  the 
possessors  and  owners  of  such  vested  rights  shall  be  maintained  and 
protected  in  the  same ;  and  the  right  of  way  for  the  construction  of 
ditches  and  canals  for  the  purposes  herein  specified  is  acknowledged 
and  confirmed;  but  whenever  any  person,  in  the  construction  of  any 
ditch  or  canal,  injures  or  damages  the  possession  of  any  settler  on 
the  public  domain,  the  party  committing  such  injury  or  damage  shall 
be  liable  to  the  party  injured  for  such  injury  or  damage.     (R.  S.  2339.) 

Patents,  Pre-emptions,  and  Homesteads  Subject  to  Vested  and 
Accrued  Water  Rights. — All  patents  granted,  or  pre-emption  or 
homesteads  allowed,  shall  be  subject  to  any  vested  -and  accrued 
water  rights,  or  rights  to  ditches  and  reservoirs  used  in  connection 
with  such  water  rights,  as  may  have  been  acquired  under  or  recog- 
nized by  the  preceding  section.     (R.  S.  2340.) 

Mineral  Lands  in  Which  No  Valuable  Mines  are  Discovered  Open 
to  Homesteads. — Wherever,  upon  the  lands  heretofore  designated  as 
mineral  lands,  which  have  been  excluded  from  survey  and  sale,  there 
have  been  homesteads  made  by  citizens  of  the  United  States,  or  per- 
sons who  have  declared  their  intention  to  become  citizens,  which 
homesteads  have  been  made,  improved,  and  used  for  agricultural 
purposes,  and  upon  which  there  have  been  no  valuable  mines  of  gold, 
silver,  cinnabar,  or  copper  discovered,  and  which  are  properly  agri- 
cultural lands,  the  settlers  or  owners  of  such  homesteads  shall  have 
a  right  of  pre-emption  thereto,  and  shall  be  entitled  to  purchase  the 
same  at  the  price  of  one  dollar  and  twenty-five  cents  per  acre,  and 
in  quantity  not  to  exceed  one  hundred  and  sixty  acres;  or  they  may 
avail  themselves  of  the  provisions  of  chapter  five  of  this  Title,  re- 
lating to  "Homesteads."     (R.  S.  2341.) 


526 

Mineral  Lands,  How  Set  Apart  as  Agricultural  Lands. — Upon  the 
survey  of  the  lands  described  in  the  preceding  section,  the  Secretary 
of  the  Interior  may  designate  and  set  apart  such  portions  of  the 
same  as  are  clearly  agricultural  lands,  which  lands  shall  thereafter 
be  subject  to  pre-emption  and  sale  as  other  public  lands,  and  be  sub- 
ject to  all  the  laws  and  regulations  applicable  to  the  same.  (R.  S. 
2342.) 

Additional  Land  Districts  and  Officers,  Power  of  the  President  to 
Provide. — The  President  is  authorized  to  establish  additional  land 
districts,  and  to  appoint  the  necessary  officers  under  existing  laws, 
wherever  he  may  deem  the  same  necessary  for  the  public  conven- 
ience in  executing  the  provisions  of  this  chapter.     (R.  S.  2343.) 

Provisions  of  This  Chapter  not  to  Affect  Existing  Rights. — Noth- 
ing contained  in  this  chapter  shall  be  construed  to  impair,  in  any 
way,  rights  or  interests  in  mining  property  acquired  under  existing 
laws.     (R.  S.  2344.) 

Grant  of  Lands  to  States  or  Corporations  not  to  Include  Mineral 
Lands. — No  act  passed  at  the  first  session  of  the  Thirty-eighth  Con- 
gress, granting  lands  to  States  or  corporations  to  aid  in  the  construc- 
tion of  roads  or  for  other  purposes,  or  to  extend  the  time  of  grants 
made  prior  to  the  thirtieth  day  of  January,  eighteen  hundred  and 
sixty-five,  shall  be  so  construed  as  to  embrace  mineral  lands,  which 
in  all  cases  are  reserved  exclusively  to  the  United  States,  unless 
otherwise  specially  provided  in  the  act,  or  acts,  making  the  grant. 
(R.  S.  2346.) 

Citizens  of  Colorado,  Nevada,  and  the  Territories  and  All  Other 
Mining  Districts  Authorized  to  Fell  and  Remove  Timber  on  the  Pub- 
lic Domain  for  Mining  and  Domestic  Purposes. — All  citizens  of  the 
United  States  and  other  persons,  bona  fide  residents  of  the  State  of 
Colorado,  or  Nevada,  or  either  of  the  Territories  of  New  Mexico, 
Arizona,  Utah,  Wyoming,  Dakota,  Idaho,  or  Montana,  and  all  other 
mineral  districts  of  the  United  States,  shall  be,  and  are  hereby,  au- 
thorized and  permitted  to  fell  and  remove,  for  building,  agricultural, 
mining,  or  other  domestic  purposes,  any  timber  or  other  trees  grow- 
ing or  being  on  the  public  lands,  said  lands  being  mineral,  and  not 
subject  to  entry  under  existing  laws  of  the  United  States,  except  for 
mineral  entry,  in  either  of  said  States,  Territories,  or  districts  of 
which  such  citizens  or  persons  may  be  at  the  time  bona  fide  residents, 
subject  to  such  rules  and  regulations  as  the  Secretary  of  the  Interior 
may  prescribe  for  the  protection  of  the  timber  and  of  the  under- 
growth growing  upon  such  lands,  and  for  other  purposes :  Provided, 
the  provisions  of  this  act  shall  not  extend  to  railroad  corporations. 
(20  Stats,  at  Large,  88.) 

It  shall  be  the  duty  of  the  register  and  the  receiver  of  any  local 
land  office  in  whose  district  any  mineral  land  may  be  situated  to  as- 
certain from  time  to  time  whether  any  timber  is  being  cut  or  used 
upon  any  such  lands,  except  for  the  purposes  authorized  by  this  act, 


UNITED    STATES    MINING    LAWS.  527 

within  their  respective  land  districts;  and,  if  so,  they  shall  immedi- 
ately notify  the  Commissioner  of  the  General  Land  Office  of  that 
fact ;  and  all  necessary  expenses  incurred  in  making  such  proper  ex- 
aminations shall  be  paid  and  allowed  such  register  and  receiver  in 
making  up  their  next  quarterly  accounts.     (20  Stats,  at  Large,  88.) 

Any  person  or  persons  who  shall  violate  the  provisions  of  this  act, 
or  any  rules  and  regulations  in  pursuance  thereof  made  by  the  Secre- 
tary of  the  Interior,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction,  shall  be  fined  in  any  sum  not  exceeding  five  hun- 
dred dollars,  and  to  which  may  be  added  imprisonment  for  any  term 
not   exceeding  six  months.     (20  Stats,  at  Large,  88.) 

Costs  Where  Action  Brought  and  Title  not  Established  in  Either 
Party. — If,  in  any  action  brought  pursuant  to  section  twenty-three 
hundred  and  twenty-six  of  the  Revised  Statutes,  title  to  the  ground 
in  controversy  shall  not  be  established  by  either  party,  the  jury  shall 
so  find,  and  judgment  shall  be  entered  according  to  the  verdict.  In 
such  case  costs  shall  not  be  allowed  to  either  party,  and  the  claim- 
ant shall  not  proceed  in  the  land  office  or  be  entitled  to  a  patent  for 
the  ground  in  controversy  until  he  shall  have  perfected  his  title.  (21 
Stats,  at  Large,  505.) 

Reservation  in  Patents  for  Right  of  Way  for  Ditches  and  Canals  Con- 
structed.— In  all  patents  for  lands  hereafter  taken  up  under  any  of  the 
land  laws  of  the  United  States  or  on  entries  or  claims  validated  by  this 
act  west  of  the  one  hundredth  meridian  it  shall  be  expressed  that 
there  is  reserved  from  the  lands  in  said  patent  described  a  right  of 
way  thereon  for  ditches  or  canals  constructed  by  the  authority  of 
the  United  States.      (26  Stats,  at  Large,  371.) 

Town  Sites  on  Mineral  Lands  Authorized — Reservoir  Sites — 
Lands  Entered  Under  the  Mineral  Laws  not  Included  in  Restriction 
to  Three  Hundred  and  Twenty  Acres. — Town  site  entries  may  be 
made  by  incorporated  towns  and  cities  on  the  mineral  lands  of  the 
United  States,  but  no  title  shall  be  acquired  by  such  towns  or  cities 
to  any  vein  of  gold,  silver,  cinnabar,  copper,  or  lead,  or  to  any  valid 
mining  claim  or  possession  held  under  existing  law.  When  min- 
eral veins  are  possessed  within  the  limits  of  an  incorporated  town 
or  city,  and  such  possession  is  recognized  by  local  authority  or  by 
the  laws  of  the  United  States,  the  title  to  town  lots  shall  be  sub- 
ject to  such  recognized  possession  and  the  necessary  use  thereof,  and 
when  entry  has  been  made  or  patent  issued  for  such  town  sites  to 
such  incorporated  town  or  city,  the  possessor  of  such  mineral  vein 
may  enter  and  receive  patent  for  such  mineral  vein,  and  the  surface 
ground  appertaining  thereto :  Provided,  that  no  entry  shall  be  made 
by  such  mineral  vein  claimant  for  surface  ground  where  the  owner 
or  occupier  of  the  surface  ground  shall  have  had  possession  of  the 
same  before  the  inception  of  the  title  of  the  mineral  vein  applicant. 
(26  Stats,  at  Large,  1095.) 

Reservoir  sites  located  or  selected  and  to  be  located  and  selected 
under  the  provisions  of  "An  act  making  appropriations  for  sundry 


528 

civil  expenses  of  the  Government  for  the  fiscal  year  ending  June 
thirtieth,  eighteen  hundred  and  eighty-nine,  and  for  other  pur- 
poses," and  amendments  thereto,  shall  be  restricted  to  and  shall 
contain  only  so  much  land  as  is  actually  necessary  for  the  construc- 
tion and  maintenance  of  reservoirs,  excluding  so  far  as  practicable 
lands  occupied  by  actual  settlers  at  the  date  of  the  location  of  said 
reservoirs,  and  that  the  provisions  of  ^'An  act  making  appropria- 
tions for  sundry  civil  expenses  of  the  Government  for  the  fiscal  year 
ending  June  thirtieth,  eighteen  hundred  and  ninety-one,  and  for 
other  purposes,"  which  reads  as  follows,  viz.:  ''No  person  who  shall 
after  the  passage  of  this  act  enter  upon  any  of  the  public  lands  with 
a  view  to  occupation,  entry,  or  settlement  under  any  of  the  land  laws 
shall  be  permitted  to  acquire  title  to  more  than  three  hundred  and 
twenty  acres  in  the  aggregate  under  all  said  laws."  shall  be  con- 
strued to  include  in  the  maximum  amount  of  lands  the  title  to  which 
is  permitted  to  be  acquired  by  one  person  only  agricultural  lands 
and  not  include  lands  entered  or  sought  to  be  entered  under  mineral 
land  laws.     (26  Stats,  at  Large,  1095.) 

Entry  of  Lands  Chiefly  Valuable  for  Building  Stone  Under  th« 
Placer  Mining  Laws. — Any  person  authorized  to  enter  lands  under 
the  mining  laws  of  the  United  States  may  enter  lands  that  are  chiefly 
valuable  for  building  stone  under  the  provisions  of  the  law  in  rela- 
tion to  placer  mineral  claims :  Provided,  that  lands  reserved  for  the 
benefit  of  the  public  schools  or  donated  to  any  State  shall  not  be 
subject  to  entry  under  this  act.     (27  Stats,  at  Large,  348.) 

Mining  Laws  Extended  to  Saline  Lands.— All  unoccupied  public 
lands  of  the  United  States  containing  salt  springs,  or  deposits  of 
salt  in  any  form,  and  chiefly  valuable  therefor,  are  hereby  declared 
to  be  subject  to  location  and  purchase  under  the  provisions  of  the 
law  relating  to  placer  mining  claims:  Provided,  that  the  same  per- 
son shall  not  locate  or  enter  more  than  one  claim  hereunder.  (31  Stats. 
at  Large,  745.) 

REGULATIONS. 

NATURE  AND  EXTENT  OF  MINING  CLAIMS. 

1.  Classes  of  Mining  Claims.— Mining  claims  are  of  two  distinct 
classes:  Lode   claims   and  placers. 

LODE   CLAIMS. 

2.  Status  of  Lode   Claims   Enlarged  by  Extralateral  Right. The 

status  of  lode  claims  located  or  patented  previous  to  the  tenth  day 
of  ^lay,  1872,  is  not  changed  w^ith  regard  to  their  extent  along  the 
lode  or  width  of  surface;  but  the  claim  is  enlarged  by  sections  2322 
and  2328,  by  investing  the  locator,  his  heirs  or  assigns,  with  the  right 
to  follow,  upon  the  conditions  stated  therein,  all  veins,  lodes,  or 
ledges,  the  top  or  apex  of  which  lies  inside  of  the  surface  lines  of 
his  claim. 


UNITED   STATES    MINING    REGULATIONS.  529 

3.  Possessory  Right,  How  Limited. — It  is  to  be  distinctly  understood, 
however,  that  the  law  limits  the  possessory  right  to  veins,  lodes,  or  ledges, 
other  than  the  one  named  in  the  original  location,  to  such  as  were  not 
adversely  claimed  on  May  10,  1872,  and  that  where  such  other  vein  or 
ledge  was  so  adversely  claimed  at  that  date  the  right  of  the  party  so  ad- 
versely claiming  is  in  no  way  impaired  by  the  provisions  of  the  Revised 
Statutes. 

4.  Who  may  Locate — Length  of  Claim  Along  Course  of  Vein. — From 
and  after  the  10th  of  May,  1872,  any  person  who  is  a  citizen  of  the 
United  States,  or  who  has  declared  his  intention  to  become  a  citizen, 
may  locate,  record,  and  hold  a  mining  claim  of  fifteen  hundred  linear 
feet  along  the  course  of  any  mineral  vein  or  lode  subject  to  location; 
or  an  association  of  persons,  severally  qualified  as  above,  may  make 
joint  location  of  such  claim  of  fifteen  hundred  feet,  but  in  no  event 
can  a  location  of  a  vein  or  lode  made  after  the  tenth  day  of  May,  1872, 
exceed  fifteen  hundred  feet  along  the  course  thereof,  whatever  may  be 
the  number  of  persons  composing  the  association. 

5.  Lateral  Extent  of  Claim. — With  regard  to  the  extent  of  surface 
ground  adjoining  a  vein  or  lode,  and  claimed  for  the  convenient  working 
thereof,  the  Revised  Statutes  provide  that  the  lateral  extent  of  loca- 
tions of  veins  or  lodes  made  after  May  10,  1872,  shall  in  no  case  exceed 
three  hundred  feet  on  each  side  of  the  middle  of  the  vein  at  the  surface, 
and  that  no  such  surface  rights  shall  be  limited  by  any  mining  regula- 
tions to  less  than  twenty-five  feet  on  each  side  of  the  middle  of  the  vein 
at  the  surface,  except  where  adverse  rights  existing  on  the  10th  of  May, 
1872,  may  render  such  limitation  necessary ;  the  end  lines  of  such  claims 
to  be  in  all  cases  parallel  to  each  other.  Said  lateral  measurements 
cannot  extend  beyond  three  hundred  feet  on  either  side  of  the  middle 
of  the  vein  at  the  surface,  or  such  distance  as  is  allowed  by  local  laws. 
For  example:  four  hundred  feet  cannot  be  taken  on  one  side  and  two 
hundred  feet  on  the  other.  If,  however,  three  hundred  feet  on  each 
side  are  allowed,  and  by  reason  of  prior  claims  but  one  hundred  feet 
can  be  taken  on  one  side,  the  locator  will  not  be  restricted  to  less  than 
three  hundred  feet  on  the  other  side;  and  when  the  locator  does  not 
determine  by  exploration  where  the  middle  of  the  vein  at  the  surface  is, 
his  discovery  shaft  must  be  assumed  to  mark  such  point. 

6.  Maximum  Size  of  Lode  Claim. — By  the  foregoing  it  will  be  per- 
ceived that  no  lode  claim  located  after  the  10th  of  May,  1872,  can  exceed 
a  parallelogram  fifteen  hundred  feet  in  length  by  six  hundred  feet  in 
width,  but  whether  surface  ground  of  that  width  can  be  taken  depends 
upon  the  local  regulations  or  State  or  Territorial  laws  in  force  in  the 
several  mining  districts ;  and  that  no  such  local  regulations  or  State 
or  Territorial  laws  shall"  limit  a  vein  or  lode  claim  to  less  than  fifteen 
hundred  feet  along  the  course  thereof,  whether  the  location  is  made  by 
one  or  more  persons,  nor  can  surface  rights  be  limited  to  less  than  fifty 
feet  in  width  unless  adverse  claims  existing  on  the  10th  of  May,  1872, 
render  such  lateral  limitation  necessary. 
34 


530  hillyer's  legal  manual. 

7.  Defining  Location. — Locators  cannot  exercise  too  much  care  in  de- 
fininir  tlitMr  locations  at  the  outset,  inasmuch  as  the  law  requires  that 
all  records  of  mininpr  locations  made  subsequent  to  May  10,  1872,  shall 
contain  the  name  or  names  of  the  locators,  the  date  of  the  location,  and 
such  a  description  of  the  claim  or  claims  located,  by  reference  to  some 
natural  object  or  permanent  monument,  as  will  identify  the  claim. 

8.  Necessity  for  Discovery. — No  lode  claim  shall  be  located  until  after 
the  discovery  of  a  vein  or  lode  within  the  limits  of  the  claim,  the  object 
of  which  provision  is  evidently  to  prevent  the  appropriation  of  presumed 
mineral  ground  for  speculative  purposes,  to  the  exclusion  of  ho7ia  fide 
prospectors,  before  sufficient  work  has  been  done  to  determine  whether 
a  vein  or  lode  really  exists. 

9.  Location — Discovery  Work — Contents  of  Notice. — The  claimant 
should,  therefore,  prior  to  locating  his  claim,  unless  the  vein  can  be 
traced  upon  the  surface,  sink  a  shaft  or  run  a  tunnel  or  drift  to  a  suffi- 
cient depth  therein  to  discover  and  develop  a  mineral-bearing  vein,  lode, 
or  crevice ;  should  determine,  if  possible,  the  general  course  of  such  vein 
in  either  direction  from  the  point  of  discovery,  by  which  direction  he 
will  be  governed  in  marking  the  boundaries  of  his  claim  on  the  surface. 
His  location  notice  should  give  the  course  and  distance  as  nearly  as 
practicable  from  the  discovery  shaft  on  the  claim  to  some  permanent, 
well-known  points  or  objects,  such,  for  instance,  as  stone  monuments, 
blazed  trees,  the  confluence  of  streams,  point  of  intersection  of  well- 
known  gulches,  ravines,  or  roads,  prominent  buttes,  hills,  etc.,  which 
may  be  in  the  immediate  vicinity,  and  which  will  serve  to  perpetuate  and 
fix  the  locus  of  the  claim  and  render  it  susceptible  of  identification  from 
the  description  thereof  given  in  the  record  of  locations  in  the  district, 
and  should  be  duly  recorded. 

10.  Location  Notice,  Additional  Data — Marking  Corners. — ^In  addi- 
tion to  the  foregoing  data,  the  claimant  should  state  the  names  of  adjoin- 
ing claims,  or,  if  none  adjoin,  the  relative  positions  of  the  nearest  claims ; 
should  drive  a  post  or  erect  a  monument  of  stones  at  each  comer  of  his 
surface  ground,  and  at  the  point  of  discovery  or  discovery  shaft  should 
fix  a  post,  stake,  or  board,  upon  which  should  be  designated  the  name 
of  the  lode,  the  name  or  names  of  the  locators,  the  number  of  feet 
claimed,  and  in  which  direction  from  the  point  of  discovery,  it  being 
essential  that  the  location  notice  filed  for  record,  in  addition  to  the 
foregoing  description,  should  state  whether  the  entire  claim  of  fifteen 
hundred  feet  is  taken  on  one  side  of  the  point  of  discovery,  or  whether 
it  is  partly  upon  one  and  partly  upon  the  other  side  thereof,  and  in  the 
latter  case,  how  many  feet  are  claimed  upon  each  side  of  such  discovery 
point. 

11.  Location  Notice,  Recording. — The  location  notice  must  be  filed  for 
record  in  all  respects  as  required  by  the  State  or  Territorial  laws  and 
local  rules  and  regulations,  if  there  be  any. 

12.  Annual  Labor. — In  order  to  hold  the  possessory  title  to  a  mining 
claim  located  prior  to  May  10,  1872,  the  law  requires  that  ten  dollars 


UNITED   STATES   MINING   REGULATIONS.  531 

shall  be  expended  annually  in  labor  or  improvements  for  each  07ie  hun- 
dred feet  in  length  along  the  vein  or  lode.  In  order  to  hold  the  pos- 
sessory right  to  a  location  made  since  May  10,  1872,  not  less  than  one 
hundred  dollars'  worth  of  labor  must  be  performed  or  improvements 
made  thereon  annually.  Under  the  provisions  of  the  act  of  Congress 
approved  January  22,  1880,  the  first  annual  expenditure  becomes  due 
and  must  be  performed  during  the  calendar  year  succeeding  that  in 
which  the  location  was  made.  Where  a  number  of  contiguous  claims 
are  held  in  common,  the  aggregate  expenditure  that  would  be  necessary 
to  hold  all  the  claims,  may  be  made  upon  any  one  claim.  Cornering 
locations  are  held  not  to  be  contiguous. 

13.  Relocation,  When  Permitted. — Failure  to  make  the  expenditure 
or  perform  the  labor  required  upon  a  location  made  before  or  since 
May  10,  1872,  will  subject  a  claim  to  relocation,  unless  the  original  lo- 
cator, his  heirs,  assigns,  or  legal  representatives  have  resumed  work 
after  such  failure  and  before  relocation. 

14.  Necessity  for  Annual  Labor  Terminates  With  Entry. — Annual 
expenditure  is  not  required  subsequent  to  entry,  the  date  of  issuing  the 
patent  certificate  being  the  date  contemplated  by  statute. 

15.  Notice  to  Delinquent  Co-owner. — Upon  the  failure  of  any  one  of 
several  co-owners  to  contribute  his  proportion  of  the  required  expendi- 
tures, the  co-owners,  who  have  performed  the  labor  or  made  the  im- 
provements as  required,  may,  at  the  expiration  of  the  year,  give  such 
delinquent  co-owner  personal  notice  in  writing,  or  notice  by  publica- 
tion in  the  newspaper  published  nearest  the  claim  for  at  least  once  a 
week  for  ninety  days ;  and  if  upon  the  expiration  of  ninety  days  after 
such  notice  in  writing,  or  upon  the  expiration  of  one  hundred  and 
eighty  days  after  the  first  new^spaper  publication  of  notice,  the  delin- 
quent co-owner  shall  have  failed  to  contribute  his  proportion  to  meet 
such  expenditures  or  improvements,  his  interest  in  the  claim  by  law 
passes  to  his  co-owners  who  have  made  the  expenditures  or  improve- 
ments as  aforesaid.  Where  a  claimant  alleges  ownership  of  a  forfeited 
interest  under  the  foregoing  provision,  the  sworn  statement  of  the  pub- 
lisher as  to  the  facts  of  publicatioii,  giving  dates  and  a  printed  copy  of 
the  notice  published,  should  be  furnished,  and  the  claimant  must  swear 
that  the  delinquent  co-owner  failed  to  contribute  his  proper  propor- 
tion within  the  period  fixed  by  the  statute. 

TUNNELS. 

16.  Rights  of  Tunnel  Proprietors  to  Blind  Lodes. — The  effect  of  sec- 
tion 2323,  Revised  Statutes,  is  to  give  the  proprietors  of  a  mining  tun- 
nel run  in  good  faith  the  possessory  right  to  fifteen  hundred  feet  of 
any  blind  lodes  cut,  discovered,  or  intersected  by  such  tunnel,  which 
were  not  previously  known  to  exist,  within  three  thousand  feet  from 
the  face  or  point  of  commencement  of  such  tunnel,  and  to  prohibit  other 
parties,  after  the  commencement  of  the  tunnel,  from  prospecting  for 
and  making  locations  of  lodes  on  the  line  thereof  and  within  said  dis- 


532  hillyer's  legal  manual. 

tance  of  three  thousand  feet,  unless  such  lodes  appear  upon  the  surface 
or  were  previously  known  to  exist.  The  term  ''face,"  as  used  in  said 
section,  is  construed  and  held  to  mean  the  first  working  face  formed 
in  the  tunnel,  and  to  signify  the  point  at  which  the  tunnel  actually 
enters  cover;  it  being  from  this  point  that  the  three  thousand  feet 
are  to  be  counted  upon  which  prospecting  is  prohibited  as  aforesaid. 

17.  Notice  of  Tunnel  Location,  How  Given. — To  avail  themselves  of 
the  benefits  of  this  provision  of  law,  the  proprietors  of  a  mining  tunnel 
will  be  required,  at  the  time  they  enter  cover  as  aforesaid,  to  give  proper 
notice  of  their  tunnel  location  by  erecting  a  substantial  post,  board,  or 
monument  at  the  face  or  point  of  commencement  thereof,  upon  which 
should  be  posted  a  good  and  sufficient  notice,  giving  the  names  of  the 
parties  or  company  claiming  the  tunnel  right ;  the  actual  or  proposed 
course  or  direction  of  the  tunnel,  the  height  and  width  thereof,  and 
the  course  and  distance  from  such  face  or  point  of  commencement  to 
some  permanent  well-known  objects  in  the  vicinity  by  which  to  fix  and 
determine  the  locus  in  manner  heretofore  set  forth  applicable  to  loca- 
tions of  veins  or  lodes,  and  at  the  time  of  posting  such  notice  they  shall, 
in  order  that  miners  or  prospectors  may  be  enabled  to  determine  whether 
or  not  they  are  within  the  lines  of  the  tunnel,  establish  the  boundary 
lines  thereof,  by  stakes  or  monuments  placed  along  such  lines  at  proper 
intervals,  to  the  terminus  of  the  three  thousand  feet  from  the  face  or 
point  of  commencement  of  the  tunnel,  and  the  lines  so  marked  will 
define  and  govern  as  to  specific  boundaries  within  which  prospecting 
for  lodes  not  previously  known  to  exist  is  prohibited  while  work  on  the 
tunnel  is  being  prosecuted  with  reasonable  diligence. 

18.  Recording  Notice  of  Tunnel  Location  and  Sworn  Statement. — 
A  full  and  correct  copy  of  such  notice  of  location  defining  the  tunnel 
claim  must  be  filed  for  record  wdth  the  mining  recorder  of  the  district^ 
to  which  notice  must  be  attached  the  sworn  statement  or  declaration 
of  the  owners,  claimants,  or  projectors  of  such  tunnel,  setting  forth  the 
facts  in  the  case ;  stating  the  amount  expended  by  themselves  and  their 
predecessors  in  interest  in  prosecuting  work  thereon;  the  extent  of  the 
work  performed,  and  that  it  is  bona  fide  their  intention  to  prosecute 
work  on  the  tunnel  so  located  and  described  with  reasonable  diligence 
for  the  development  of  a  vein  or  lode,  or  for  the  discovery  of  mines^ 
or  both,  as  the  case  may  be.  This  notice  of  location  must  be  duly  re- 
corded, and,  with  the  said  sworn  statement  attached,  kept  on  the  re- 
corder's files  for  future  reference. 

PLACER  CLAIMS. 

19.  Discovery. — But  one  discovery  of  mineral  is  rec^uired  to  support 
a  placer  location,  whether  it  be  of  twenty  acres  by  an  individual,  or  of 
one  hundred  and  sixty  acres  or  less  by  an  association  of  persons. 

20.  Placer  Entries  for  Building  Stone.— The  act  of  August  4,  1892. 
extends  the  mineral  land  laws  so  as  to  bring  lands  chiefly  valuable  for 
building  stone  within  the  provisions  of  said  law  by  authorizing  a  placer 


UNITED   STATES   MINING   REGULATIONS.  533 

entry  of  such  lands.  Re^sters  and  receivers  should  make  a  reference 
to  said  act  on  the  entry  papers  in  the  case  of  all  placer  entries  made 
for  lands  containing  stone  chiefly  valuable  for  building  purposes. 
Lands  reserved  for  the  benefit  of  public  schools  or  donated  to  any  State 
are  not  subject  to  entry  under  said  act. 

21.  Oil  Location  Entries.— The  act  of  February  11,  1897,  provides 
for  the  location  and  entry  of  public  lands  chiefly  valuable  for  petroleum 
or  other  mineral  oils,  and  entries  of  that  nature  made  prior  to  the 
passage  of  said  act  are  to  be  considered  as  though  made  thereunder.^ 

22.  Ten-acre  Tracts  are  Legal  Subdivisions.— By  section  2330  au- 
thority is  given  for  subdividing  forty-acre  legal  subdivisions  into  ten- 
acre  tracts.  These  ten-acre  tracts  should  be  considered  and.  dealt  with 
as  legal  subdivisions,  and  an  applicant  having  a  placer  claim  which  con- 
forms to  one  or  more  of  such  ten-acre  tracts,  contiguous  in  case  of  two 
or  more  tracts,  may  make  entry  thereof,  after  the  usual  proceedings, 
without  further  survey  or  plat. 

23.  [Omitted.] 

24.  Ten-acre  Tracts,  How  Described. — A  ten-acre  subdivision  may  be 
described,  for  instance  if  situated  in  the  extreme  northeast  of  the  sec- 
tion, as  the  ''NE.  i  of  the  NE.  i  of  the  NE.  i"  of  the  section,  or,  in  like 
manner,  by  appropriate  terms,  wherever  situated;  but,  in  addition  to 
this  description,  the  notice  must  give  all  the  other  data  required  in  a 
mineral  application,  by  which  parties  may  be  put  on  inquiry  as  to  the 
land  sought  to  be  patented.  The  proofs  submitted  with  applications 
must  show  clearly  the  character  and  extent  of  the  improvements  upon 
the  premises. 

25.  Proof  of  Improvements. — The  proof  of  improvements  must  show 
their  value  to  be  not  less  than  five  hundred  dollars  and  that  they  were 
made  by  the  applicant  for  patent  or  his  grantors.  This  proof  should 
consist  of  the  affidavit  of  two  or  more  disinterested  witnesses.  The 
annual  expenditure  to  the  amount  of  $100,  required  by  section  2324, 
Revised  Statutes,  must  be  made  upon  placer  as  well  as  lode  locations. 

26.  Application  must  Disclose  Known  Lodes  Included  in  Claim. — 
Applicants  for  patent  to  a  placer  claim,  who  are  also  in  possession  of  a 
known  vein  or  lode  included  therein,  must  state  in  their  application 
that  the  placer  includes  such  vein  or  lode.  The  published  and  posted 
notices  must  also  include  such  statement.  If  veins  or  lodes  lying  within 
a  placer  location  are  owned  by  other  parties,  the  fact  should  be  dis- 
tinctly stated  in  the  application  for  patent  and  in  all  the  notices.  But 
in  all  cases,  whether  the  lode  is  claimed  or  excluded,  it  must  be  sur- 
veyed and  marked  upon  the  plat,  the  field-notes  and  plat  giving  the  area 
of  the  lode  claim  or  claims  and  the  area  of  the  placer  separately.  An 
application  which  omits  to  claim  such  known  vein  or  lode  must  be  con- 
strued as  a  conclusive  declaration  that  the  applicant  has  no  right  of 
possession  to  the  vein  or  lode.  "Where  there  is  no  known  lode  or  vein, 
the  fact  must  appear  by  the  affidavit  of  two  or  more  witnesses. 


534 

27.  Location  Never  to  Exceed  One  Hundred  and  Sixty  Acres.— By 

section  2330  it  is  declared  that  no  location  of  a  placer  claim,  made  after 
July  9,  1870,  shall  exceed  one  hundred  and  sixty  acres  for  any  one  per- 
son or  association  of  persons,  which  location  shall  conform  to  the  United 
States  surveys. 

28.  Conformation  to  Public  Surveys. — Section  2331  provides  that  all 
placer  mining  claims  located  after  May  10,  1872,  shall  conform  as  nearly 
as  practicable  with  the  United  States  system  of  public  land  surveys 
and  the  rectan^lar  subdivisions  of  such  surveys,  and  such  locations 
shall  not  include  more  than  twenty  acres  for  each  individual  claimant. 

29.  Maximum  Locations  Permissible. — The  foregoing  provisions  of 
law  are  construed  to  mean  that  after  the  ninth  day  of  July,  1870,  no 
location  of  a  placer  claim  can  be  made  to  exceed  one  hundred  and  sixty 
acres,  whatever  may  be  the  number  of  locators  associated  together,  or 
whatever  the  local  regulations  of  the  district  may  allow ;  and  that  from 
and  after  May  10,  1872,  no  location  can  exceed  twenty  acres  for  each 
individual  participating  therein ;  that  is,  a  location  by  two  persons  can- 
not exceed  forty  acres,  and  one  by  three  persons  cannot  exceed  sixty 
acres. 

30.  Marking  Placer  Locations. — The  regulations  hereinbefore  given  as 
to  the  manner  of  marking  locations  on  the  ground,  and  placing  the  same 
on  record,  must  be  observed  in  the  case  of  placer  locations  so  far  as  the 
same  are  applicable,  the  law  requiring,  however,  that  all  placer  mining 
claims  located  after  May  10,  1872,  shall  conform  as  near  as  practicable 
with  the  United  States  system  of  public  land  surveys  and  the  rectangular 
subdivisions  of  such  surveys,  whether  the  locations  are  upon  surveyed 
or  unsurveyed  lands. 

When  Conformity  not  Required. — Conformity  to  the  public  land  sur- 
veys and  the  rectangular  subdivisions  thereof  will  not  be  required  where 
compliance  w^ith  such  requirement  would  necessitate  the  placing  of  the 
lines  thereof  upon  other  prior  located  claims  or  where  the  claim  is  sur- 
rounded by  prior  locations. 

The  Same. — Where  a  placer  location  by  one  or  two  persons  can  be  en- 
tirely included  within  a  square  forty-acre  tract,  by  three  or  four  persons 
within  two  square  forty-acre  tracts  placed  end  to  end,  by  five  or  six 
persons  within  three  square  forty-acre  tracts  and  by  seven  or  eight 
persons  within  four  square  forty-acre  tracts,  such  locations  will  be  re-, 
garded  as  within  the  requirements  where  strict  conformity  is  imprac- 
ticable. 

Policy  of  Government  as  to  Shape  of  Locations. — Whether  a  placer 
location  conforms  reasonably  with  the  legal  subdivisions  of  the  public 
surveys  is  a  question  of  fact  to  be  determined  in  each  case  and  no 
location  will  be  passed  to  patent  without  satisfactory  evidence  in  this 
regard.  Claimants  should  bear  in  mind  that  it  is  the  policy  of  the  Gov- 
ernment to  have  all  entries  whether  of  agricultural  or  mineral  lands 
as  compact  and  regular  in  form  as  reasonably  practicable,  and  that  it 
will  not  permit  or  sanction  entries  or  locations  which  cut  the  public 


UNITED   STATES    MINING   REGULATIONS.  535 

domain  into    long  narrow    strips  or    grossly    irregular  or  fantastically 
shaped  tracts.     (Snow  Flake  Fraction  Placer,  37  L.  D.  250.) 

REGULATIONS  UNDER  SALINE  ACT. 

31.  Single  Locations  Only  Permitted. — Under  the  act  approved  Jan- 
uary 31,  1901,  extending  the  mining  laws  to  saline  lands,  the  provisions 
of  the  law  relating  to  placer  mining  claims  are  extended  to  all  States 
and  Territories  and  the  district  of  Alaska,  so  as  to  permit  the  location 
and  purchase  thereunder  of  all  unoccupied  public  lands  containing  salt 
springs,  or  deposits  of  salt  in  any  form,  and  chiefly  valuable  therefor, 
with  the  proviso,  "That  the  same  person  shall  not  locate  or  enter  more 
than  one  claim  hereunder." 

32.  Application  for  Entry  or  Patent  Limited  to  One  Location. — Rights 
obtained  by  location  under  the  placer  mining  laws  are  assignable,  and 
the  assignee  may  make  the  entry  in  his  own  name;  so,  under  this  act 
a  person  holding  as  assignee  may  make  entry  in  his  own  name :  Provided, 
he  has  not  held  under  this  act,  at  any  time,  either  as  locator  or  entry- 
man,  any  other  lands ;  his  right  is  exhausted  by  having  held  under  this 
act  any  particular  tract,  either  as  locator  or  entryman,  either  as  an 
individual  or  as  a  member  of  an  association.  It  follows,  therefore,  that 
no  application  for  patent  or  entry,  made  under  this  act,  shall  embrace 
more  than  one  single  location. 

33.  Oath  Accompanying  Application  for  Patent. — In  order  that  the 
conditions  imposed  by  the  proviso,  as  set  forth  in  the  above  paragraph, 
may  duly  appear,  the  application  for  patent  must  contain  or  be  accom- 
panied by  a  specific  statement  under  oath  by  each  person  whose  name 
appears  therein  that  he  never  has.  either  as  an  individual  or  as  a  mem- 
ber of  an  association,  located  or  entered  any  other  lands  under  the 
provisions  of  this  act.  The  application  for  patent  should  also  be  ac- 
companied by  a  showing  under  oath,  fully  disclosing  the  qualifications 
as  defined  by  the  proviso,  of  the  applicants'  predecessors  in  interest. 
(As  amended  June  4,  1912.) 

PROCEDURE  TO  OBTAIN  PATENT  TO  MINERAL  LANDS. 
LODE  CLAIMS. 

34.  Survey,  Plat  and  Field-notes.— The  claimant  is  required,  in  the 
first  place,  to  have  a  correct  survey  of  his  claim  made  under  authority 
of  the  surveyor  general  of  the  State  or  Territory  in  which  the  claim 
lies,  such  survey  to  show  with  accuracy  the  exterior  surface  boundaries 
of  the  claim,  which  boundaries  are  required  to  be  distinctly  marked  by 
monuments  on  the  ground.  Four  plats  and  one  copy  of  the  original 
field-notes  in  each  case  will  be  prepared  by  the  surveyor-general;  one 
plat  and  the  original  field-notes  to  be  retained  in  the  office  of  the  sur- 
veyor general ;  one  copy  of  the  plat  to  be  given  the  claimant  for  posting 
upon  the  claim;  one  plat  and  a  copy  of  the  field-notes  to  be  given  the 
claimant  for  filing  with  the  proper  register,  to  be  finally  transmitted 
by  that  officer,  with  other  papers  in  the  case,  to  this  office,  and  one  plat 


536  HILLYER^S  LEGAL   MANUAL. 

to  be  sent  by  the  surveyor  treneral  to  the  register  of  the  proper  land  dis- 
trict, to  be  retained  on  his  files  for  future  reference.  As  there  is  no 
resident  surveyor  general  for  the  State  of  Arkansas,  applications  for 
the  survey  of  mineral  claims  in  said  State  should  be  made  to  the  Com- 
missioner of  this  office,  who,  under  the  law.  is  ex  officio  the  United 
States  surveyor  general.     (See  instructions  of  July  29,  1911,  p.  67.) 

35.  Survey  and  Plat  must  be  Filed  After  Recording  of  Location 
Notice. — The  survey  and  plat  of  mineral  claims  required  to  be  filed  in 
the  proper  land  office  with  application  for  patent  must  be  made  subse- 
quent to  the  recording  of  the  location  of  the  claim  (if  the  laws  of  the 
State  or  Territory  or  the  regulations  of  the  mining  district  require 
the  notice  of  location  to  be  recorded),  and  when  the  original  location 
is  made  by  survey  of  a  United  States  mineral  surveyor  such  location 
survey  cannot  be  substituted  for  that  required  by  the  statute,  as  above 
indicated. 

36.  Number  of  Survey — Connection  Survey — Two  Mile  Limit. — The 

surveyors  general  should  designate  all  surveyed  mineral  claims  by  a 
progressive  series  of  numbers,  beginning  with  survey  No.  37,  irrespective 
as  to  whether  they  are  situated  on  surveyed  or  unsurveyed  lands,  the 
claim  to  be  so  designated  at  date  of  issxiing  the  order  therefor,  in  ad- 
dition to  the  local  designation  of  the  claim;  it  being  required  in  all 
cases  that  the  plat  and  field-notes  of  the  survey  of  a  claim  must,  in  addi- 
tion to  the  reference  to  permanent  objects  in  the  neighborhood,  describe 
the  locus  of  the.  claim  with  reference  to  the  lines  of  public  surveys  by 
a  line  connecting  a  corner  of  the  claim  with  the  nearest  public  corner 
of  the  United  States  surveys,  unless  such  claim  be  on  unsurveyed  lands 
at  a  distance  of  more  than  two  miles  from  such  public  comer,  in  which 
latter  case  it  should  be  connected  with  a  United  States  mineral  monu- 
ment. Such  connecting  line  must  not  be  more  than  two  miles  in  length, 
and  should  be  measured  on  the  ground  direct  between  the  points,  or 
calculated  from  actually  surveyed  traverse  lines  if  the  nature  of  the 
country  should  not  permit  direct  measurement.  If  a  regularly  estab- 
lished survey  corner  is  within  two  miles  of  a  claim  situated  on  unsur- 
veyed lands,  the  connection  should  be  made  with  such  corner  in  prefer- 
ence to  a  connection  \wth  a  United  States  mineral  monument.  The 
connecting  line  or  traverse  line  must  be  surveyed  by  the  mineral  sur- 
veyor at  the  time  of  his  m^aking  the  particular  survey  and  be  made  a 
part  thereof. 

37.  Report  of  Survey. —  {a)  Promptly  upon  the  approval  of  a  mineral 
survey  the  surveyor  general  will  advise  both  this  office  and  the  appropriate 
local  land  office,  by  letter  (Form  4-286),  of  the  date  of  approval,  num- 
ber of  the  survey,  name  and  area  of  the  claim,  name  and  survey  number 
of  each  approved  mineral  survey  with  which  actually  in  conflict,  name 
and  address  of  the  applicant  for  survey,  and  name  of  the  mineral  sur- 
veyor who  made  the  survey;  and  will  also  briefly  describe  therein  the 
locus  of  the  claim,  specifying  each  legal  subdivision  or  portion  thereof, 
when  upon  surveyed  lands,  covered  in  whole  or  in  part  by  the  survey; 


UNITED   STATES    MINING    REGULATIONS.  537 

but  hereafter  no  segregation  of  any  such  claim  upon  the  official  town- 
ship survey  records  will  be  made  until  mineral  entry  has  been  made 
and  approved  for  patent,  unless  otherwise  directed  by  this  office. 

Procedure  on  Applications  for  Agricultural  Entry  Where  Patent  Ap- 
plications for  Mineral  Claims  Have  Been  Filed. — (&)  Upon  application 
to  make  agricultural  entry  of  the  residue  of  any  original  lot  or  legal 
subdivision  of  forty  acres,  reduced  by  mining  claims  for  which  patent 
applications  have  been  filed  and  which  residue  has  been  already  re- 
allotted  in  accordance  therewith,  the  local  officers  will  accept  and  ap- 
prove the  application  as  usual,  if  found  to  be  regular.  When  such  an 
application  is  filed  for  any  such  original  lot  or  subdivision,  reduced  in 
available  area  by  duly  asserted  mining  claims  but  not  yet  reallotted 
accordingly,  the  local  officers  will  promptly  advise  this  office  thereof; 
and  will  also  report  and  identify  any  pending  application  for  mineral 
patent  affecting  such  subdivision  which  the  agricultural  applicant  does 
not  desire  to  contest.  The  surveyor  general  will  thereupon  be  advised 
by  this  office  of  such  mining  claims,  or  portions  thereof,  as  are  proper 
to  be  segregated,  and  directed  to  at  once  prepare,  upon  the  usual  draw- 
ing-paper township  blank,  diagram  of  amended  township  survey  of  such 
original  lot  or  legal  forty-acre  subdivision  so  made  fractional  by  such 
mineral  segregation,  designating  the  agricultural  portion  by  appro- 
priate lot  number,  beginning  with  No.  1  in  each  section  and  giving  the 
area  of  each  lot,  and  will  forthwith  transmit  one  approved  copy  to  the 
local  land  office  and  one  to  this  office.  In  the  meantime  the  local  officers 
will  accept  the  agricultural  application  (if  no  other  objection  appears), 
suspend  it  with  reservation  of  all  rights  of  the  applicant  if  continuously 
asserted  by  him,  and  upon  receipt  of  amended  township  diagram  wdll 
approve  the  application  (if  then  otherwise  satisfactory)  as  of  the  date 
of  filing,  corrected  to  describe  the  tract  as  designated  in  the  amended 
surve3^ 

Application  for  Segregation  of  Agricultural  and  Mineral  Lands,  Pro- 
cedure on. —  (c)  The  register  and  receiver  will  allow  no  agricultural 
claim  for  any  portion  of  an  original  lot  or  legal  forty-acre  subdivision, 
where  the  reduced  area  is  made  to  appear  by  reason  of  approved  sur- 
veys of  mining  claims  and  for  which  applications  for  patent  have  not 
been  filed,  until  there  is  submitted  by  such  agricultural  applicant  a  satis- 
factory showing  that  such  surveyed  claims  are  in  fact  mineral  in  char- 
acter; and  applications  to  have  lands  asserted  to  be  mineral,  or  mining 
locations,  segregated  by  survey,  with  the  view  to  agricultural  appropria- 
tion of  the  remainder,  will  be  made  to  the  register  and  receiver  for 
submission  to  the  Commissioner  of  the  General  Land  Office,  for  his 
consideration  and  direction,  and  must  be  supported  by  the  affidavit  of 
the  party  in  interest,  duly  corroborated  by  two  or  more  disinterested 
persons,  or  by  such  other  or  further  evidence  as  may  be  required  in  any 
ease,  that  the  lands  sought  to  be  segregated  as  mineral  are  in  fact  min- 
eral in  character;  otherwise,  in  the  absence  of  satisfactory  showing  in 
any  such  case,  such  original  lot  or  legal  subdivision  will  be  subject  to 
agricultural    appropriation    only.     When  any    such    showing  shall  be 


538  hillyer's  legal  manual. 

found  to  be  satisfactory  and  the  necessary  survey  is  had,  amended  town- 
ship diairram  will  be  required  and  made  as  prescribed  in  the  preceding 
section. 

38.  Contents  of  Survey  of  Mining  Claim. — The  following  particulars 
should  be  observed  in  the  survey  of  every  mining  claim : 

(1)  The  exterior  boundaries  of  the  claim,  the  number  of  feet  claimed 
along  the  vein,  and,  as  nearly  as  can  be  ascertained,  the  direction  of  the 
vein,  and  the  number  of  feet  claimed  on  the  vein  in  each  direction  from 
the  point  of  discovery  or  other  well-defined  place  on  the  claim  should  be 
represented  on  the  plat  of  survey  and  in  the  field-notes. 

(2)  The  intersection  of  the  lines  of  the  survey  with  the  lines  of  con- 
flicting prior  surveys  should  be  noted  in  the  field-notes  and  represented 
upon  the  plat. 

(3)  Conflicts  with  unsurveyed  claims,  where  the  applicant  for  survey 
does  not  claim  the  area  in  conflict,  should  be  shown  by  actual  survey. 

(4)  The  total  area  of  the  claim  embraced  by  the  exterior  boundaries 
should  be  stated,  and  also  the  area  in  conflict  with  each  intersecting 
survey,  substantially  as  follows: 

Acres. 

Total  area  of  claim 10.50 

Area  in  conflict  with  survey  No.  302 1.56 

Area  in  conflict  with  survey  No.  948 2.33 

Area  in  conflict  with  Mountain  Maid  lode  mining  claim,  unsur- 
veyed       1.48 

It  does  not  follow  that  because  mining  surveys  are  required  to  exhibit 
all  conflicts  with  prior  surveys  the  areas  of  conflict  are  to  be  excluded. 
The  field-notes  and  plat  are  made  a  part  of  the  application  for  patent, 
and  care  should  be  taken  that  the  description  does  not  inadvertently 
exclude  portions  intended  to  be  retained.  The  application  for  patent 
should  state  the  portions  to  be  excluded  in  express  terms. 

39.  Posting  Plat  and  Notice — Contents  of  Notice. — The  claimant  is 
then  required  to  post  a  copy  of  the  plat  of  such  survey  in  a  conspicuous 
place  upon  the  claim,  together  with  notice  of  his  intention  to  apply  for 
a  patent  therefor,  which  notice  will  give  the  date  of  posting,  the  name 
of  the  claimant,  the  name  of  the  claim,  the  number  of  the  survey,  the 
mining  district  and  county,  and  the  names  of  adjoining  and  conflicting 
claims  as  shown  by  the  plat  survey.  Too  much  care  cannot  be  exer- 
cised in  the  preparation  of  this  notice,  inasmuch  as  the  data  therein 
are  to  be  repeated  in  the  other  notices  required  by  the  statute,  and  upon 
the  accuracy  and  completeness  of  these  notices  will  depend,  in  a  great 
measure,  the  regularity  and  validity  of  the  proceedings  for  patent. 

40.  Filing  Copy  of  Plat,  Field-notes,  Notice,  and  Affidavit  of  Posting. 
After  posting  said  plat  and  notice  upon  the  premises,  the  claimant  will 
file  with  the  proper  register  and  receiver  a  copy  of  such  plat  and  the 
field-notes  of  survey  of  the  claim,  accompanied  by  the  affidavit  of  at 
least  two  credible  witnesses  that  such  plat  and  notice  are  posted  con- 
spicuously upon  the  claim,  giving  the  date  and  place  of  such  posting; 


UNITED   STATES    MINING    REGULATIONS.  539 

a  copy  of  the  notice  so  posted  to  be  attached  to  and  form  a  part  of  said 
affidavit. 

41.  Sworn  Statement  Accompanying  Field-notes. — Accompanying 
the  field-notes  so  filed  must  be  the  sworn  statement  of  the  claimant  that 
he  has  the  possessory  right  to  the  premises  therein  described,  in  virtue  of 
a  compliance  by  himself  (and  by  his  grantors,  if  he  claims  by  purchase) 
with  the  mining  rules,  regulations,  and  customs  of  the  mining  district, 
State,  or  Territory  in  which  the  claim  lies,  and  with  the  mining  laws 
of  Congress;  such  sworn  statement  to  narrate  briefly,  but  as  clearly  as 
possible,  the  facts  constituting  such  compliance,  the  origin  of  his  posses- 
sion and  the  basis  of  his  claim  to  a  patent.  The  vein  or  lode  must  be 
fully  described,  the  description  to  include  a  statement  as  to  the  kind 
and  character  of  mineral,  the  extent  thereof,  whether  ore  has  been 
extracted  and  of  what  amount  and  value  and  such  other  facts  as  will 
support  the  applicant's  allegation  that  the  claim  contains  a  valuable 
mineral  deposit. 

Description  of  Vein  or  Lode. — The  attention  of  the  department  hav- 
ing been  called  to  the  last  clause  of  paragraph  41  of  the  mining  regu- 
lations, the  department  made  the  following  ruling  of  June  11,  1909 : 

"It  seems  that  the  expression,  'the  extent  thereof,'  is  being  construed 
as  meaning  that  the  applicant  must  affirmatively  show  by  proof  of  ex- 
ploration that  the  vein  exists  in  fact  throughout  the  whole  length  of 
the  claim. 

"This  construction  of  the  paragraph  is  erroneous.  By  the  words 
quoted  it  was  intended  to  require  the  claimant  to  show  the  existence 
of  a  vein  in  such  workings  as  he  relied  on  to  establish  a  discovery.  By 
the  extent  of  the  vein  was  meant  its  size  and  quality  as  disclosed.  That 
being  done,  the  presumption  exists  that  the  vein  extends  on  its  strike 
throughout  the  whole  length  of  the  claim  as  located. 

"The  sole  purpose  of  that  part  of  paragraph  41  quoted  was  to  enable 
the  land  department  to  know,  so  far  as  applicant  can  reasonably  show, 
the  definite  facts  upon  which  the  right  to  the  patent  is  predicated  so  as 
to  determine  whether  a  valuable  mineral  deposit  exists  in  the  land 
claimed." 

42.  Certified  Copy  of  Location  Notice — Abstract  of  Title. — This  sworn 
statement  must  be  supported  by  a  copy  of  each  location  notice,  certified 
by  the  legal  custodian  of  the  record  thereof,  and  also  by  an  abstract 
of  title  of  each  claim  certified  by  the  legal  custodian  of  the  records  of 
transfers,  or  by  a  duly  authorized  abstracter  of  titles.  The  certificate 
must  state  that  no  conveyances  affecting,  or  purporting  to  affect,  the 
title  to  the  claim  or  claims  appear  of  record  other  than  those  set  forth. 

Supplemental  Abstract. — Outside  of  the  District  of  Alaska,  the  ap- 
plication for  patent  will  be  received  and  filed  if  the  abstract  is  brought 
down  to  a  day  reasonably  near  the  date  of  the  presentation  of  the  ap- 
plication and  shows  full  title  in  the  applicant  who  must  as  soon  as 
practicable  thereafter  file  a  supplemental  abstract  brought  down  so  as 
to  include  the  date  of  the  filing  of  the  application.     Publication  will  not 


540  iiillyer's  legal  manual. 

be  ordered  until  the  showing  as  to  title  is  thus  completed  and  the  local 
land  officers  are  satisfied  that  full  title  was  in  the  applicant  on  the  day 
of  the  filinj?  of  the  application. 

Abstract  in  Alaska. — In  the  District  of  Alaska  the  application  for 
patent  will  be  received  and  filed  and  the  order  for  publication  issued  if 
the  abstract  showing  full  title  in  the  applicant  is  brought  down  to  a  day 
reasonably  near  the  date  of  the  presentation  of  the  application.  A  sup- 
plemental abstract  of  title  brought  down  so  as  to  include  the  date  of  the 
filing  of  the  application  must  be  furnished  prior  to  the  expiration  of 
the  sixty-day  period  of  publication. 

Rcliahility  of  Abstract. — No  certificate  from  an  abstracter  or  abstract 
company  will  be  accepted  until  approval  by  the  Commissioner  of  the 
General  Land  Office  of  a  favorable  report  of  the  chief  of  field  division, 
or  United  States  district  attorney  whose  division  or  district  embraces 
the  lands  in  question,  as  to  the  reliability  and  responsibility  of  such 
abstracter  or  company. 

43.  Lost  or  Destroyed  Records. — In  the  event  of  the  mining  records 
in  any  case  having  been  destroyed  by  fire  or  otherwise  lost,  affidavit 
of  the  fact  should  be  miade,  and  secondary  evidence  of  possessory  title 
vrill  be  received,  which  may  consist  of  the  affidavit  of  the  claimant, 
supported  by  those  of  any  other  parties  cognizant  of  the  facts  relative 
to  his  location,  occupancy,  possession,  improvements,  etc. ;  and  in  such 
case  of  lost  records,  SiTiy  deeds,  certificates  of  location  or  purchase,  or 
other  evidence  which  may  be  in  the  claimant's  possession  and  tend  to 
establish  his  claim,  should  be  filed. 

44.  Approval  for  Publication  When  Refused — Appeal. — Before  ap- 
proving for  publication  any  notice  of  an  application  for  mineral  patent, 
local  officers  will  be  particular  to  see  that  it  includes  no  land  which  is 
embraced  in  a  prior  or  pending  application  for  patent  or  entry,  or  for 
any  land  embraced  in  a  railroad  selection,  or  for  which  publication  is 
pending  or  has  been  made  by  any  other  claimants,  and  if,  in  their 
opinion,  after  investigation,  it  should  appear  that  notice  of  a  mineral 
application  should  not,  for  this  or  other  reasons,  be  approved  for  pub- 
lication, they  should  formally  reject  the  same,  giving  the  reasons  there- 
for, and  allow  the  applicant  thirty  days  for  appeal  to  this  office  under 
the  Rules  of  Practice.     (As  amended  August  9,  1911.) 

Notice  to  Railroads. — Local  officers  will  give  prompt  and  appropriate 
notice  to  the  railroad  grantee  of  the  filing  of  every  application  for 
mineral  patent  which  embraces  any  portion  of  an  odd-numbered  section 
of  surveyed  lands  within  the  primary  limits  of  a  railroad  land  grant, 
and  of  every  such  application  embracing  any  portion  of  unsurveyed 
lands  within  such  limits  (except  as  to  any  such  application  which  em- 
braces a  portion  or  portions  of  those  ascertained  or  prospective  odd- 
numbered  sections  only,  within  the  limits  of  the  grant  in  Montana  and 
Idaho  to  the  Northern  Pacific  Railroad  Company,  which  have  been  classi- 
fied as  mineral  under  the  act  of  February  26,  1895,  without  protest  by 
the  company  within  the  time  limited  by  the  statute  or  the  mineral 
classification  whereof  has  been  approved). 


UNITED   STATES    MINING   REGULATIONS.  541 

Protest  hy  Railroad. — Should  the  railroad  grantee  file  protest  and 
apply  for  a  hearing-  to  determine  the  character  of  the  land  involved  in 
any  such  application  for  mineral  patent,  proceedings  thereunder  will 
be  had  in  the  usual  manner. 

Protest  and  Appeal  Where  Railroad  Lands  Listed  or  Selected. — Any 
application  for  mineral  patent,  however,  which  embraces  lands  pre- 
viously listed  or  selected  by  a  railroad  company  will  be  dispOvSed  of  as 
provided  by  the  first  section  of  this  paragraph,  and  the  applicant  af- 
forded opportunity  to  protest  and  apply  for  a  hearing  or  to  appeal. 

Notice  to  Railroad — Burden  of  Proof  Where  Lands  Unsurveyed. — 
Notice  should  be  given  to  the  duly  authorized  representative  of  the  rail- 
road grantee,  in  accordance  with  rule  17  of  Practice.  When  the  claims 
applied  for  are  upon  unsurveyed  land,  the  burden  of  proving  that  they 
are  situate  Avithin  prospective  odd-numbered  sections  will  rest  upon  the 
railroad. 

Proof  of  Service  of  Notice. — Evidence  of  service  of  notice  should  be 
filed  with  the  record  in  each  case. 

45.  Publication  of  Notice  of  Application. — Upon  the  receipt  of  these 
papers,  if  no  reason  appears  for  rejecting  the  application,  the  register 
will,  at  the  expense  of  the  claimant  (who  must  furnish  the  agreement 
of  the  publisher  to  hold  applicant  for  patent  alone  responsible  for 
charges  of  publication),  publish  a  notice  of  such'  application  for  the 
period  of  sixty  days  in  a  newspaper  published  nearest  to  the  claim,  and 
will  post  a  copy  of  such  notice  in  his  office  for  the  same  period.  When 
the  notice  is  published  in  a  weekly  newspaper,  nine  consecutive  inser- 
tions are  necessary ;  when  in  a  daily  newspaper,  the  notice  must  appear 
in  each  issue  for  sixty-one  consecutive  issues.  In  both  cases  the  first 
day  of  issue  must  be  excluded  in  estimating  the  period  of  sixty  days. 

46.  Contents  of  Notice. — The  notices  so  published  and  posted  must 
embrace  all  the  data  given  in  the  notice  posted  upon  the  claim.  In 
addition  to  such  data  the  published  notice  must  further  indicate  the 
locus  of  the  claim  by  giving  the  connecting  line,  as  shown  by  the  field- 
notes  and  plat,  between  a  corner  of  the  claim  and  a  United  States 
mineral  monument  or  a  corner  of  the  public  survey,  and  thence  the 
boundaries  of  the  claim  by  courses  and  distances. 

47.  Character  of  Newspaper. — The  register  shall  publish  the  notice 
of  application  for  patent  in  a  paper  of  established  character  and  general 
circulation,  to  be  by  him  designated  as  being  the  newspaper  published- 
nearest  the  land. 

48.  Certificate  of  Surveyor  General. — The  claimant  at  the  time  of  filing 
the  application  for  patent,  or  at  any  time  within  the  sixty  days  of  pub- 
lication, is  required  to  file  with  the  register  a  certificate  of  the  surveyor 
general  that  not  less  than  five  hundred  dollars'  worth  of  labor  has  been 
expended  or  improvements  made,  by  the  applicant  or  his  grantors,  upon 
each  location  embraced  in  the  application,  or  if  the  application  embraces 
several  contiguous  locations  held  in  common,  that  an  amount  equal 
to  five  hundred  dollars  for  each  location  has  been  so  expended  upon, 


542  HILLYER^S  LEGAL   MANUAL. 

and  for  the  benefit  of,  the  entire  group ;  that  the  plat  filed  by  the  claim- 
ant is  correct;  that  the  field-notes  of  the  survey,  as  filed,  furnish  such 
an  accurate  description  of  the  claim  as  will,  if  incorporated  in  a  patent, 
serve  to  fully  identify  the  premises,  and  that  such  reference  is  made 
therein  to  natural  objects  or  permanent  monuments  as  will  perpetuate 
and  fix  the  locus  thereof:  Provided,  that  as  to  all  applications  for 
patents  made  and  passed  to  entry  before  July  1,  1898,  or  which  are  by 
protests  or  adverse  claims  prevented  from  being  passed  to  entry  before 
that  time,  where  the  application  embraces  several  locations  held  in  com- 
mon, proof  of  an  expenditure  of  five  hundred  dollars  upon  the  group 
will  be  suflficient,  and  an  expenditure  of  that  amount  need  not  be  shown 
to  have  been  made  upon,  or  for  the  benefit  of,  each  location  embraced 
in  the  application. 

49.  Surveyor  General's  Certificate,  upon  What  Based. — The  surveyor 
general  may  derive  his  information  upon  which  to  base  his  certificate 
as  to  the  value  of  labor  expended  or  improvements  mad-e  from  the 
mineral  surveyor  who  makes  the  actual  survey  and  examination  upon 
the  premises,  and  such  mineral  surveyor  should  specify  with  partic- 
ularity and  full  detail  the  character  and  extent  of  such  improvements, 
but  further  or  other  evidence  may  be  required  in  any  case. 

50.  Indorsement  of  Certificate. — It  will  be  convenient  to  have  this 
certificate  indorsed  by  the  surveyor  general,  both  upon  the  plat  and 
field-notes  of  survey  filed  by  the  claimant  as  aforesaid. 

51.  Affidavits  of  Publication  and  Posting. — After  the  sixty  days^ 
period  of  newspaper  publication  has  expired,  the  claimant  will  furnish 
from  the  office  of  publication  a  sworn  statement  that  the  notice  was 
published  for  the  statutory  period,  giving  the  first  and  last  day  of  such 
publication,  and  his  own  affidavit  showing  that  the  plat  and  notice  afore- 
said remained  conspicuously  posted  upon  the  claim  sought  to  be  pat- 
ented during  said  sixty  days'  publication,  giving  the  dates. 

52.  Payment  for  Land,  Affidavit  of  Charges  and  Fees — Issuance  of 
Patent. — Upon  the  filing  of  this  affidavit  the  register  will,  if  no  adverse 
claim  was  filed  in  his  office  during  the  period  of  publication,  and  no 
other  objection  appears,  permit  the  claimant  to  pay  for  the  land  to 
which  he  is  entitled  at  the  rate  of  five  dollars  for  each  acre  and  five 
dollars  for  each  fractional  part  of  an  acre,  except  as  otherwise  provided 
by  law,  the  receiver  issuing  the  usual  receipt  therefor.  The  claimant 
will  also  make  a  sworn  statement  of  all  charges  and  fees  paid  by  him 
for  publication  and  surveys,  together  with  all  fees  and  money  paid 
the  register  and  receiver  of  the  land  office,  after  which  the  complete 
record  will  be  forwarded  to  the  Commissioner  of  the  General  Land  Office 
and  a  patent  issued  thereon  if  found  regular. 

53.  Protest  Against  Patent,  Grounds  of — Who  may  Protest. — ^At  any 
time  prior  to  the  issuance  of  patent  protest  may  be  filed  against  the  pat- 
enting of  the  claim  as  applied  for,  upon  any  ground  tending  to  show 
that  the  applicant  has  failed  to  comply  with  the  law  in  any  matter 
essential  to  a  valid  entry  under  the  patent  proceedings.     Such  protest 


UNITED   STATES    MINING    REGULATIONS.  543 

cannot,  however,  be  made  the  means  of  preserving  a  surface  conflict  lost 
by  failure  to  adverse  or  lost  by  the  judgment  of  the  court  in  an  adverse 
suit.  One  holding  a  present  joint  interest  in  a  mineral  location  included 
in  an  application  for  patent  who  is  excluded  from  the  application,  so 
that  his  interest  would  not  be  protected  by  the  issue  of  patent  thereon, 
may  protest  against  the  issuance  of  a  patent  as  applied  for,  setting  forth 
in  such  protest  the  nature  and  extent  of  his  interest  in  such  location, 
and  such  a  protestant  will  be  deemed  a  party  in  interest  entitled  to 
appeal.  This  results  from  the  holding  that  a  co-owner  excluded  from 
an  application  for  patent  does  not  have  an  "adverse"  claim  within  the 
meaning  of  sections  2325  and  2326  of  the  Revised  Statutes.  (See  Tur- 
ner v.  Sawyer,  150  U.  S.  578-586.) 

54.  Application  by  Trustee. — Any  party  applying  for  patent  as 
trustee  must  disclose  fully  the  nature  of  the  trust  and  the  name  of  the 
cestui  que  trust;  and  such  trustee,  as  well  as  the  beneficiaries,  must 
furnish  satisfactory  proof  of  citizenship ;  and  the  names  of  beneficiaries, 
as  w^ell  as  that  of  the  trustee,  must  be  inserted  in  the  final  certificate 
of  entry. 

55.  Annual  Expenditure  not  Involved  on  Application  for  Patent. — 

The  annual  expenditure  of  one  hundred  dollars  in  labor  or  improve- 
ments on  a  mining  claim,  required  by  section  2324  of  the  Revised  Stat- 
utes, is  solely  a  matter  between  rival  or  adverse  claimants  to  the  same 
mineral  land,  and  goes  only  to  the  right  of  possession,  the  determination 
of  which  is  committed  exclusively  to  the  courts. 

56.  Effect  of  Failure  to  Prosecute  Application.— The  failure  of  an 
applicant  for  patent  to  a  mining  claim  to  prosecute  his  application  to 
completion,  by  filing  the  necessary  proofs  and  making  payment  for  the 
land,  within  a  reasonable  time  after  the  expiration  of  the  period  of 
publication  of  notice  of  the  application,  or  after  the  termination  of  ad- 
verse proceedings  in  the  courts,  constitutes  a  waiver  by  the  applicant 
of  all  rights  obtained  by  the  earlier  proceedings  upon  the  application. 

57.  Completion  After  Adverse  Claim  Filed. — The  proceedings  neces- 
sary to  the  completion  of  an  application  for  patent  to  a  mining  claim, 
against  which  an  adverse  claim  or  protest  has  been  filed,  if  taken  by 
the  applicant  at  the  first  opportunity  afforded  therefor  under  the  law 
and  departmental  practice,  will  be  as  effective  as  if  taken  at  the  date 
when,  but  for  the  adverse  claim  or  protest,  the  proceedings  on  the 
application  could  have  been  completed. 

PLACER  CLAIMS. 

58.  Patents  for  Placers,  When  No  Survey  Necessary. — The  proceed- 
ings to  obtain  patents  for  placer  claims,  including  all  forms  of  mineral 
deposits  excepting  veins  of  quartz  or  other  rock  in  place,  are  similar 
to  the  proceedings  prescribed  for  obtaining  patents  for  vein  or  lode 
claims;  but  where  a  placer  claim  shall  be  upon  surveyed  lands,  and 
conforms  to  legal  subdivisions,  no  further  survey  or  plat  w411  be  re- 
quired. Where  placer  claims  cannot  be  conformed  to  legal  subdivisions, 
survey  and  plat  shall  be  made  as  on  unsurveyed  lands. 


544  hillyer's  legal  manual. 

59.  Proceedings  for  Patent — Price  of  Placer  Claims. — The  proceed- 
ings for  obtaining  patents  for  veins  or  lodes  having  already  been  fully 
given,  it  will  not  be  necessary^  to  repeat  them  here,  it  being  thought 
that  caireful  attention  thereto  by  applicants  and  the  local  officers  will 
enable  them  to  act  understandingly  in  the  matter,  and  make  such  slight 
modifications  in  the  notice,  or  otherwise,  as  may  be  necessary  in  view 
of  the  different  nature  of  the  two  classes  of  claims;  the  price  of  placer 
claims  being  fixed,  however,  at  two  dollars  and  fifty  cents  per  acre  or 
fractional  part  of  an  acre. 

60.  Additional  Recitals  Necessary. — In  placer  applications,  in  addi- 
tion to  the  recitals  necessary  in  and  to  both  vein  or  lode  and  placer  ap- 
plications, the  placer  application  should  contain,  in  detail,  such  data 
as  will  support  the  claim  that  the  land  applied  for  is  placer  ground 
containing  valuable  mineral  deposits  not  in  vein  or  lode  formation  and 
that  title  is  sought  not  to  control  watercourses  or  to  obtain  valuable 
timber  but  in  good  faith  because  of  the  mineral  therein.  This  state- 
ment, of  course,  must  depend  upon  the  character  of  the  deposit  and  the 
natural  features  of  the  ground,  but  the  following  details  should  be  cov- 
ered as  fully  as  possible:  If  the  claim  be  for  a  deposit  of  placer  gold, 
there  must  be  stated  the  yield  per  pan,  or  cubic  yard,  as  shown  by 
prospecting  and  development  work,  distance  to  bedrock,  formation  and 
extent  of  the  deposit,  and  all  other  facts  upon  which  he  bases  his  alle- 
gation that  the  claim  is  valuable  for  its  deposits  of  placer  gold.  If  it  be 
a  building  stone  or  other  deposit  than  gold  claimed  under  the  placer 
laws,  it  must  describe  fully  the  kind,  nature,  and  extent  of  the  deposit, 
stating  the  reasons  why  same  is  by  him  regarded  as  a  valuable  mineral 
claim.  He  will  also  be  required  to  describe  fully  the  natural  features 
of  the  claim ;  streams,  if  any,  must  be  fully  described  as  to  their  course, 
amount  of  water  carried,  fall  within  the  claim;  and  he  must  state  kind 
and  amount  of  timber  and  other  vegetation  thereon  and  adaptability 
to  mining  or  other  uses. 

If  the  claim  be  all  placer  ground,  that  fact  must  be  stated  in  the 
application  and  corroborated  by  accompanying  proofs;  if  of  mixed 
placers  and  lodes,  it  should  be  so  set  out,  with  a  description  of  all 
known  lodes  situated  within  the  boundaries  of  the  claim.  A  specific 
declaration,  such  as  is  required  by  .section  2333,  Revised  Statutes,  must 
be  furnished  as  to  each  lode  intended  to  be  claimed.  All  other  known 
lodes  are,  by  the  silence  of  the  applicant,  excluded  by  law  from  all  claim 
by  him,  of  whatsoever  nature,  possessory  or  otherwise. 

While  this  data  is  required  as  a  part  of  the  mineral  surveyor's  report 
under  paragraph  167,  in  case  of  placers  taken  by  special  survey,  it 
is  proper  that  the  application  for  patent  incorporate  these  facts  under 
the  oath  of  the  claimant. 

Inasmuch  as  in  case  of  claims  taken  by  legal  subdivisions,  no  report 
by  a  mineral  surveyor  is  required,  the  claimant,  in  his  application  in 
addition  to  the  data  above  required,  should  describe  in  detail  the  shafts, 
cuts,  tunnels,  or  other  workings  claimed  as  improvements,  giving  their 


UNITED   STATES   MINING   REGULATIONS.  545 

dimensions,  value,  and  the  course  and  distance  thereof  to  the  nearest 
corner  of  the  public  surveys. 

As  prescribed  by  paragraph  25,  this  statement  as  to  the  description 
and  value  of  the  improvements  must  be  corroborated  by  the  affidavits 
of  two  disinterested  witnesses. 

Applications  awaiting  entry,  whether  published  or  not,  must  be  made 
to  conform  to  these  regulations,  with  respect  to  proof  as  to  the  character 
of  the  land.  Entries  already  made  will  be  suspended  for  such  addi- 
tional proofs  as  may  be  deemed  necessary  in  each  case. 

Local  land  officers  are  instructed  that  if  the  proofs  submitted  in 
placer  applications  under  this  paragraph  are  not  satisfactory  as  show- 
ing the  land  as  a  whole  to  be  placer  in  character,  or  if  the  claims 
imjDinge  upon  or  embrace  watercourses  or  bodies  of  water,  and  thus 
raise  a  doubt  as  to  the  bona  fides  of  the  location  and  application,  or 
the  character  and  extent  of  the  deposit  claimed  thereunder,  to  call 
for  further  evidence,  or  if  deem,ed  necessary,  request  the  specific  at- 
tention of  the  Chief  of  Field  Service  thereto  in  connection  with  the 
usual  notification  to  him  under  the  circular  instructions  of  April  24, 
1907,  and  suspend  further  action  on  the  application  until  a  report 
thereon  is  received  from  the  field  officer. 

MILL  SITES. 

61.  Mill  Sites  must  be  Nonmineral. — Land  entered  as  a  mill  site  must 
be  shown  to  be  nonmineral.  Mill  sites  are  simply  auxiliary  to  the  work- 
ing of  mineral  claims,  and  as  section  2337,  which  provides  for  the 
patenting  of  mill  sites,  is  embraced  in  the  chapter  of  the  Revised  Stat- 
utes relating  to  mineral  lands,  they  are  therefore  included  in  this 
circular. 

62.  Application  and  Patent  for  Mill  Site. — To  avail  themselves  of  this 
provision  of  law,  parties  holding  the  possessory  right  to  a  vein  or  lode 
claim,  and  to  a  piece  of  nonmineral  land  not  contiguous  thereto  for 
mining  or  milling  purposes,  not  exceeding  the  quantity  allowed  for  such 
purpose  by  section  2337,  or  prior  laws,  under  which  the  land  was  ap- 
propriated, the  proprietors  of  such  vein  or  lode  may  file  in  the  proper 
land  office  their  application  for  a  patent,  under  oath,  in  manner  already 
set  forth  herein,  which  application,  together  with  the  plat  and  field- 
notes,  may  include,  embrace,  and  describe,  in  addition  to  the  vein  or 
lode  claim,  such  noncontiguous  mill  site,  and  after  due  proceedings  as 
to  notice,  etc.,  a  patent  will  be  issued  conveying  the  same  as  one  claim. 
The  owner  of  a  patented  lode  may,  by  an  independent  application, 
secure  a  mill  site  if  good  faith  is  manifest  in  its  use  or  occupation  in 
connection  with  the  lode  and  no  adverse  claim  exists. 

63.  Survey  and  Price  Per  Acre. — Where  the  original  survey  includes 
a  lode  claim  and  also  a  mill  site  the  lode  claim  should  be  described  in 
the  plat  and  field-notes  as  "Sur.  No.  37,  A,"  and  the  mill  site  as  *'Sur. 
No.  37,  B,"  or  whatever  may  be  its  appropriate  numerical  designation; 
the  course  and  distance  from  a  corner  of  the  mill  site  to  a  corner  of  the 

35 


546  HILLYER^S  LEGAL  MANUAL. 

lode  claim  to  be  invariably  given  in  such  plat  and  field-notes,  and  a  copy 
of  the  plat  and  notice  of  application  for  patent  must  be  conspicuously 
posted  upon  the  mill  site  as  well  as  upon  the  vein  or  lode  claim  for  the 
statutory  period  of  sixty  da^-s.  In  making  the  entry  no  separate  receipt 
or  certificate  need  be  issued  for  the  mill  site,  but  the  whole  area  of  both 
lode  and  mill  site  will  be  embraced  in  one  entry,  the  price  being  five 
dollars  for  each  acre  and  fractional  part  of  an  acre  embraced  by  such 
lode  and  mill  site  claim. 

64.  Patent  for  Mill  Site  by  Nonowner  of  Lode. — In  case  the  owner  of 
a  quartz-mill  or  reduction  works  is  not  the  owner  or  claimant  of  a  vein 
or  lode  claim  the  law  permits  him  to  make  application  therefor  in  the 
same  manner  prescribed  herein  for  mining  claims,  and  after  due  notice 
and  proceedings,  in  the  absence  of  a  valid  adverse  filing,  to  enter  and 
receive  a  patent  for  his  mill  site  at  said  price  per  acre. 

65.  Testimony  as  to  Nonmineral  Character. — In  every  case  there  must 
be  satisfactory  proof  that  the  land  claimed  as  a  mill  site  is  not  mineral 
in  character,  which  proof  may,  where  the  matter  is  unquestioned,  con- 
sist of  the  sworn  statement  of  two  or  more  persons  capable,  from  ac- 
quaintance with  the  land,  to  testify  understandingly. 

CITIZENSHIP. 

66.  Charter  of  Corporation  to  be  Filed — Affidavit  and  Power  of  At- 
torney When  Association  Unincorporated. — The  proof  necessary  to  es- 
tablish the  citizenship  of  applicants  for  mining  patents  must  be  made 
in  the  following  manner:  In  case  of  an  incorporated  company,  a  cer- 
tified copy  of  their  charter  or  certificate  of  incorporation  must  be  filed. 
In  case  of  an  association  of  persons  unincorporated,  the  affidavit  of  their 
duly  authorized  agent,  made  upon  his  own  knowledge  or  upon  informa- 
tion and  belief,  setting  forth  the  residence  of  each  person  forming  such 
association,  must  be  submitted.  This  affidavit  must  be  accompanied  by 
a  power  of  attorney  from  the  parties  forming  such  association,  au- 
Ihorizing  the  person  who  makes  the  affidavit  of  citizenship  to  act  for 
them  in  the  matter  of  their  application  for  patent. 

67.  Affidavit  of  Citizenship  by  Individual. — In  case  of  an  individual 
or  an  association  of  individuals  who  do  not  appear  by  their  duly  au- 
thorized agent,  the  affidavit  of  each  applicant,  showing  whether  he  is 
a  native  or  naturalized  citizen,  when  and  where  born,  and  his  residence,, 
will  be  required. 

68.  Contents  When  Naturalized  or  Intention  Declared. — In  case  an 
applicant  has  declared  his  intention  to  become  a  citizen  or  has  been 
naturalized,  his  affidavit  must  show  the  date,  place,  and  the  court  before 
which  he  declared  his  intention,  or  from  which  his  certificate  of  citizen- 
ship issued,  and  present  residence. 

69.  Affidavit,  Before  Whom  Taken.— The  affidavit  of  the  claimant  as 
to  his  citizenship  may  be  taken  before  the  register  or  receiver,  or  any 
other  officer  authorized  to  administer  oaths  within  the  land  districts^ 
or,  if  the  claimant  is  residing  bej-ond  the  limits  of  the  district,  the  affi- 


UNITED   STATES   MINING   REGULATIONS.  547 

davit  may  be  taken  before  the  clerk  of  any  court  of  record  or  before 
any  notary  public  of  any  State  or  Territory. 

70.  Testimony,  Where  Taken.— If  citizenship  is  established  by  the 
testimony  of  disinterested  persons,  such  testimony  may  be  taken 
at  any  place  before  any  person  authorized  to  administer  oaths,  and 
whose  official  character  is  duly  verified. 

71.  Entries — When  Allowed — Subsequent  Transfers. — No  entry  will 
be  allowed  until  the  register  has  satisfied  himself,  by  careful  examina- 
tion, that  proper  proofs  have  been  filed  upon  the  points  indicated  in 
the  law  and  official  regulations.  Transfers  made  subsequent  to  the  filing 
of  the  application  for  patent  will  not  be  considered,  but  entry  will  be 
allowed  and  patent  issued  in  all  cases  in  the  name  of  the  applicant  for 
patent,  the  title  conveyed  by  the  patent,  of  course,  in  each  instance 
inuring  to  the  transferee  of  such  applicant  where  a  transfer  has  been 
made  pending  the  application  for  patent. 

72.  Mineral  Entries,  How  Numbered. — The  mineral  entries  will  be 
given  the  current  serial  numbers  according  to  the  provisions  of  the 
circular  of  June  10,  1908,  whether  the  same  are  of  lode  or  of  placer 
claims  or  of  mill  sites. 

73.  Duty  of  Register  in  Sending  Up  Papers. — In  sending  up  the 
papers  in  a  case  the  register  must  not  omit  certifying  to  the  fact  that 
the  notice  was  posted  in  his  office  for  the  full  period  of  sixty  days, 
such  certificate  to  state  distinctly  when  such  posting  was  done  and  how 
long  continued.  The  schedule  of  papers,  form  4-252f,  should  accom- 
pany the  returns  with  all  mineral  applications  and  entries  allowed. 

POSSESSORY  RIGHT. 

74.  Title  by  Adverse  Possession.— The  provisions  of  section  2332,  Re- 
vised Statutes,  will  greatly  lessen  the  burden  of  proof,  more  especially 
in  the  case  of  old  claims  located  many  years  since,  the  records  of  which, 
in  many  cases,  have  been  destroyed  by  fire,  or  lost  in  other  ways  during 
the  lapse  of  time,  but  concerning  the  possessory  right  to  which  all  con- 
troversy or  litigation  has  long  been  settled. 

75.  Proof  Required. — When  an  applicant  desires  to  make  his  proof 
of  possessory  right  in  accordance  with  this  provision  of  law,  he  will 
not  be  required  to  produce  evidence  of  location,  copies  of  conveyances, 
or  abstracts  of  title,  as  in  other  cases,  but  will  be  required  to  furnish 
a  duly  certified  copy  of  the  statute  of  limitation  of  mining  claims  for 
the  State  or  Territory,  together  with  his  sworn  statement  giving  a  clear 
and  succinct  narration  of  the  facts  as  to  the  origin  of  his  title,  and  like- 
wise as  to  the  continuation  of  his  possession  of  the  mining  ground  cov- 
ered by  his  application ;  the  area  thereof ;  the  nature  and  extent  of  the 
mining  that  has  been  done  thereon ;  whether  there  has  been  any  opposi- 
tion to  his  possession,  or  litigation  with  regard  to  his  claim,  and  if 
so,  when  the  same  ceased;  whether  such  cessiation  was  caused  by  com- 
promise  or  by   judicial   decree,    and   any   additional   facts   within   the 


548  hillyer's  legal  manual. 

claimant's  knowledge  having  a  direct  bearing  upon  his  possession  and 
bona  fides  which  he  may  desire  to  submit  in  support  of  his  claim. 

76.  Certificate  of  Court.. — There  should  likewise  be  filed  a  certificate, 
under  seal  of  the  court  having  jurisdiction  of  mining  cases  within  the 
judicial  district  embracing  the  claim,  that  no  suit  or  action  of  any 
character  whatever  involving  the  right  of  possession  to  any  portion  of 
the  claim  applied  for  is  pending,  and  that  there  has  been  no  litigation 
before  said  court  affecting  the  title  to  said  claim  or  any  part  thereof 
for  a  period  equal  to  the  time  fixed  by  the  statute  of  limitations  for 
mining  claims  in  the  State  or  Territory  as  aforesaid  other  than  that 
which  has  been  finally  decided  in  favor  of  the  claimant. 

77.  Corroborative  Testimony. — The  claimant  should  support  his 
narrative  of  facts  relative  to  his  possession,  occupancy,  and  improve- 
ments by  corroborative  testimony  of  any  disinterested  person  or  per- 
sons of  credibility  who  may  be  cognizant  of  the  facts  in  the  case  and 
are  capable  of  testifying  understandingly  in  the  premises. 

ADVERSE  CLAIMS. 

78.  Adverse  Claim,  Where  Filed — How  Verified. — An  adverse  claim 
must  be  filed  with  the  register  and  receiver  of  the  land  ofiice  where  the 
application  for  patent  is  filed  or  with  the  register  and  receiver  of  the 
district  in  which  the  land  is  situated  at  the  time  of  filing  the  adverse 
claim.  It  must  be  on  the  oath  of  the  adverse  claimant,  or  it  may  be 
verified  by  the  oath  of  any  duly  authorized  agent  or  attorney  in  fact 
of  the  adverse  claimant  cognizant  of  the  facts  stated. 

79.  Verification  by  Agent. — Where  an  agent  or  attorney  in  fact  veri- 
fies the  adverse  claim^  he  must  distinctly  swear  that  he  is  such  agent 
or  attorney,  and  accompany  his  affidavit  by  proof  thereof. 

80.  Where  Made. — The  agent  or  attorney  in  fact  must  make  the  affi- 
davit in  verification  of  the  adverse  claim  within  the  land  district  where 
the  claim  is  situated. 

81.  Contents  of  Adverse  Claim. — The  adverse  claim  so  filed  must 
fully  set  forth  the  nature  a*nd  extent  of  the  interference  or  conflict; 
whether  the  adverse  party  claims  as  a  purchaser  for  valuable  considera- 
tion or  as  a  locator.  If  the  former,  a  certified  copy  of  the  original 
location,  the  original  conveyance,  a  duly  certified  copy  thereof,  or  an 
abstract  of  title  from  the  office  of  the  proper  recorder  should  be  fur- 
nished, or  if  the  transaction  was  a  merely  verbal  one  he  will  narrate 
the  circumstances  attending  the  purchase,  the  date  thereof,  and  the 
amount  paid,  which  facts  should  be  supported  by  the  affidavit  of  one  or 
more  witnesses,  if  any  were  present  at  the  time,  and  if  he  claims  a 
locator  he  must  file  a  duly  certified  copy  of  the  location  from  the  office 
of  the  proper  recorder. 

82.  Plat — When  Necessary. — In  order  that  the  ^'hotmdaries'^  and 
^^extent^^  of  the  claim  may  be  shoAvn,  it  will  be  incumbent  upon  the 
adverse  claimant  to  file  a  plat  showing  his  entire  claim,  its  relative 
situation  or  position  with  the  one  against  which  he  claims,  and  the 


UNITED   STATES   MINING   REGULATIONS.  549 

extent  of  the  conflict:  Provided,  however,  that  if  the  application  for 
patent  describes  the  claim  by  legal  subdivisions,  the  adverse  claimant, 
if  also  claiming  by  legal  subdivisions,  may  describe  his  adverse  claim 
in  the  same  manner  without  further  survey  or  plat.  If  the  claim  is 
not  described  by  legal  subdivisions,  it  will  generally  be  more  satisfactory 
if  the  plat  thereof  is  made  from  an  actual  survey  by  a  mineral  sur- 
veyor, and  its  correctness  officially  certified  thereon  by  him. 

83.  Notice  of  Filing  by  Register  or  Receiver. — ^Upon  the  foregoing 
being  filed  within  the  sixty  days'  period  of  publication,  the  register, 
or  in  his  absence  the  receiver,  will  immediately  give  notice  in  writing 
to  the  parties  that  such  adverse  claim  has  been  filed,  informing  them 
that  the  party  who  filed  the  adverse  claim  will  be  required  within  thirty 
days  from  the  date  of  such  filing  to  commence  proceedings  in  a  court 
of  competent  jurisdiction  to  determine  the  question  of  right  of  posses- 
sion, and  to  prosecute  the  same  with  reasonable  diligence  to  final  judg- 
ment, and  that,  should  such  adverse  claimant  fail  to  do  so,  his  adverse 
claim  will  be  considered  waived  and  the  application  for  patent  be  al- 
lowed to  proceed  upon  its  merits. 

84.  Stay  of  Proceedings. — When  an  adverse  claim  is  filed  as  aforesaid, 
the  register  or  receiver  will  indorse  upon  the  same  the  precise  date 
of  filing,  and  preserve  a  record  of  the  date  of  notifications  issued  thereon ; 
and  thereafter  all  proceedings  on  the  application  for  patent  will  be 
stayed,  with  the  exception  of  the  completion  of  the  publication  and 
posting  of  notices  and  plat  and  the  filing  of  the  necessary  proof  thereof, 
until  the  controversy  shall  have  been  finally  adjudicated  in  court  or  the 
adverse  claim  waived  or  withdrawn. 

85.  Certified  Copy  of  Judgment-roll. — Where  an  adverse  claim  has 
been  filed  and  suit  thereon  commenced  within  the  statutory  period  and 
final  judgment  rendered  determining  the  right  of  possession,  it  will  not 
be  sufficient  to  file  with  the  register  a  certificate  of  the  clerk  of  the 
court  setting  forth  the  facts  as  to  such  judgment,  but  the  successful 
party  must,  before  he  is  allowed  to  make  entry,  file  a  certified  copy  of 
the  judgment-roll,  together  with  the  other  evidence  required  by  Section 
2326,  Revised  Statutes. 

86.  Order  of  Dismissal. — Where  such  suit  has  been  dismissed,  a  cer- 
tificate of  the  clerk  of  the  court  to  that  effect  or  a  certified  copy  of  the 
order  of  dismissal  will  be  sufficient. 

87.  Relinquishment  not  Accepted. — After  an  adverse  claim  has  been 
filed  and  suit  commenced,  a  relinquishment  or  other  evidence  of  aban- 
donment of  the  adverse  claim  will  not  be  accepted,  but  the  case  must 
be  terminated  and  proof  thereof  furnished  as  required  by  the  last  two 
paragraphs. 

88.  Certificate  Where  Suit  not  Commenced. — Where  an  adverse  claim 
has  been  filed,  but  no  suit  commenced  against  the  applicant  for  patent 
within  the  statutory  period,  a  certificate  to  that  effect  by  the  clerk 
of  the  State  court  having  jurisdiction  in  the  case,  and  also  by  the  clerk 


550  HILLYER^S  LEGAL   MANUAL. 

of  the  district  court  of  the  United  States  for  the  district  in  which  the 
claim  is  situated,  will  be  required.     (Amended,  November  6,  1912.) 

APPOINTMENT    OF    SURVEYORS    FOR    SURVEY    OF    MINING 
CLAIMS  AND  CHARGES. 

89.  Maximum  Charges  for  Newspaper  Publications. — Section  2334 
provides  for  the  appointment  of  surveyors  to  survey  mining  claims,  and 
authorizes  the  Commissioner  of  the  General  Land  Office  to  establish 
the  rates  to  be  charfjed  for  surveys  and  for  newspaper  publications. 
Under  this  authority  of  law  the  following:  rates  have  been  established 
as  the  maximum  charges  for  newspaper  publications  in  mining-  eases: 

(1)  Where  a  daily  newspaper  is  designated  the  charge  shall  not  ex- 
ceed seven  dollars  for  each  ten  lines  of  space  occupied,  and  where  a 
weekly  newspaper  is  designated  as  the  medium  of  publication  five 
dollars  for  the  same  space  will  be  allowed.  Such  charge  shall  be  ac- 
cepted as  full  payment  for  publication  in  each  issue  of  the  newspaper 
for  the  entire  period  required  by  law. 

It  is  expected  that  these  notices  shall  not  be  so  abbreviated  as  to 
curtail  the  description  essential  to  a  perfect  notice,  and  the  said  rates 
established  upon  the  understanding  that  they  are  to  be  in  the  usual 
body  type  used  for  advertisements. 

(2)  For  the  publication  of  citations  in  contests  or  hearings  involv- 
ing the  character  of  lands  the  charges  shall  not  exceed  eight  dollars 
for  five  publications  in  weekl.v  newspapers  or  ten  dollars  for  publica- 
tions in  daily  newspapers  for  thirty  days. 

90.  Mineral  Surveyors — Appointment  and  Bond. — The  surveyors-gen- 
eral of  the  several  districts  will,  in  pursuance  of  said  law,  appoint  in 
each  land  district  as  many  competent  surveyors  for  the  survey  of  min- 
ing claims  as  may  seek  such  appointment,  it  being  distinctly  understood 
that  all  expenses  of  these  notices  and  surveys  are  to  be  borne  by  the 
mining  claimants  and  not  by  the  United  States.  The  statute  provides 
that  the  claimant  shall  also  be  at  liberty  to  employ  any  United  States 
mineral  surveyor  to  make  the  survey.  Each  surveyor  appointed  to  sur- 
vey mining  claims  before  entering  upon  the  duties  of  his  office  or 
appointment  shall  be  required  to  enter  into  a  bond  of  not  less  than 
$5,000  for  the  faithful  performance  of  his  duties. 

91.  Deposit  for  Survey. — With  regard  to  the  platting  of  the  claim 
and  other  office  work  in  the  surveyor  general's  office,  that  officer  will 
make  an  estimate  of  the  cost  thereof,  which  amount  the  claimant  will 
deposit  with  any  assistant  United  States  treasurer  or  designated  deposi- 
tary in  favor  of  the  United  States  Treasurer,  to  be  passed  to  the  credit 
of  the  fund  created  by  "individual  depositors  for  surveys  of  the  public 
lands,"  and  file  with  the  surveyor  general  duplicate  certificates  of  such 
deposit  in  the  usual  manner. 

92.  Surveyors  for  Each  Mining  District. — The  surveyors  general  will 
endeavor  to  appoint  surveyors  to  survey  mining  claims  so  that  one  or 
more  may  be  located  in  each  mining  district  for  the  greater  convenience 
of  miners. 


UNITED   STATES   MINING   REGULATIONS.  551 

93.  Duties  of  Surveyor — Not  Allowed  to  Prepare  Papers. — The  usual 
oaths  will  be  required  of  these  surveyors  and  their  assistants  as  to  the 
correctness  of  each  survey  executed  by  them. 

The  duty  of  the  surveyor  ceases  when  he  has  executed  the  survey 
and  returned  the  field-notes  and  preliminary  plat  thereof  with  his  report 
to  the  surveyor  general.  He  will  not  be  allowed  to  prepare  for  the 
mining  claimant  the  papers  in  support  of  an  application  for  patent,  or 
otherwise  perform  the  duties  of  an  attorney  before  the  land  office  in 
connection  with  a  mining  claim. 

The  surveyors  general  and  local  land  officers  are  expected  to  report 
any  infringement  of  this  regulation  to  this  office. 

94.  Exorbitant  Charges. — Should  it  appear  that  excessive  or  exorbi- 
tant charges  have  been  made  by  any  surveyor  or  any  publisher,  prompt 
action  will  be  taken  with  the  view  of  correcting  the  abuse. 

FEES  OF  REGISTERS  AND  RECEIVERS. 

95.  Fees. — The  fees  payable  to  the  register  and  receiver  for  filing  and 
acting  upon  applications  for  mineral  land  patents  are  five  dollars  to 
each  officer,  to  be  paid  by  the  applicant  for  patent  at  the  time  of  filing, 
and  the  like  sum  of  five  dollars  is  payable  to  each  officer  by  an  adverse 
claimant  at  the  time  of  filing  his  adverse  claim.  (Section  2238,  Rev. 
Stats.,  par.  9.) 

[Paragraphs  96,  97,  and  98  omitted.] 

HEARINGS  TO  DETERMINE  CHARACTER  OF  LANDS. 

99.  Rules  of  Practice. — The  Rules  of  Practice  in  cases  before  the 
United  States  district  land  offices,  the  General  Land  Office,  and  the 
Department  of  the  Interior  will,  so  far  as  applicable,  govern  in  all  cases 
and  proceedings  arising  in  contests  and  hearings  to  determine  the  char- 
acter of  lands. 

100.  Mineral  Lands  Withheld  from  Entry  as  Agricultural  Lands. — 
Public  land  returned  by  the  surveyor  general  as  mineral  shall  be  with- 
held from  entry  as  agricultural  land  until  the  presumption  arising  from 
such  a  return  shall  be  overcome  by  testimony  taken  in  the  manner  here- 
inafter described. 

101.  Hearings. — Hearings  to  determine  the  character  of  lands: 
(1)   Lands  returned  as  mineral  by  the  surveyor-general. 

When  such  lands  are  sought  to  be  entered  as  agricultural  under  laws 
which  require  the  submission  of  final  proof  after  due  notice  by  publi- 
cation and  posting,  the  filing  of  the  proper  nonmineral  affidavit  in  the 
absence  of  allegations  that  the  land  is  mineral  will  be  deemed  sufficient 
as  a  preliminary  requirement.  A  satisfactory  showing  as  to  character 
of  land  must  be  made  when  final  proof  is  submitted. 

In  case  of  application  to  enter,  locate,  or  select  such  lands  as  agri- 
cultural, under  laws  in  which  the  submission  of  final  proof  after  due 
publication  and  posting  is  not  required,  notice  thereof  must  first  be 


552  HILLYER^S  LEGAL  MANUAL. 

given  by  publication  for  sixty  days  and  posting  in  the  local  office  dar- 
ing the  same  period,  and  affirmative  proof  as  to  the  character  of  the 
land  submitted.  In  the  absence  of  allegations  that  the  land  is  mineral, 
and  upon  compliance  with  this  requirement,  the  entry,  location,  or 
selection  will  be  allowed,  if  otherwise  regular. 

(2)  Lands  returned  as  agricvMural  and  alleged  to  be  mineral  in  char- 
acter. 

Where  as  against  the  claimed  right  to  enter  such  lands  as  agricul- 
tural it  is  alleged  that  the  same  are  mineral,  or  are  applied  for  as 
mineral  lands,  the  proceedings  in  this  class  of  cases  will  be  in  the  nature 
of  a  contest,  and  the  practice  will  be  governed  by  the  rules  in  force  in 
contest  cases. 

[Paragraphs  102  to  104  omitted.] 

105.  Testimony  on  Hearing  as  to  Mineral  Character. — At  hearings  to 
determine  the  character  of  lands  the  claimants  and  witnesses  will  be 
thoroughly  examined  with  regard  to  the  character  of  the  land ;  whether 
the  same  has  been  thoroughly  prospected;  whether  or  not  there  exists 
within  the  tract  or  tracts  claimed  any  lode  or  vein  of  quartz  or  other 
rock  in  place  bearing  gold,  silver,  cinnabar,  lead,  tin,  or  copper,  or 
other  valuable  deposit  which  has  ever  been  claimed,  located,  recorded, 
or  worked;  whether  such  work  is  entirely  abandoned,  or  whether  occa- 
sionally resumed;  if  such  lode  does  exist,  by  whom  claimed,  under  what 
designation,  and  in  which  subdivision  of  the  land  it  lies ;  whether  any 
placer  mine  or  mines  exist  upon  the  land;  if  so,  what  is  the  character 
thereof — whether  of  the  shallow  surface  description,  or  of  the  deep 
cement,  blue  lead,  or  gravel  deposits;  to  what  extent  mining  is  carried 
on  when  water  can  be  obtained,  and  what  the  facilities  are  for  obtaining 
water  for  mining  purposes;  upon  what  particular  ten-acre  subdivisions 
mining  has  been  done,  and  at  what  time  the  land  was  abandoned  for 
mining  purposes,  if  abandoned  at  all.  In  every  case,  where  practicable, 
an  adequate  quantity  or  number  of  representative  samples  of  the  alleged 
mineral-bearing  matter  or  material  should  be  offered  in  evidence,  with 
proper  identification,  to  be  considered  in  connection  with  the  record, 
with  which  they  will  be  transmitted  upon  each  appeal  that  may  be 
taken.  Testimony  may  be  submitted  as  to  the  geological  formation 
and  development  of  mineral  on  adjoining  or  adjacent  lands  and  their 
relevancy. 

106.  Testimony  on  Hearing — As  to  Agricultural  Character. — The  tes- 
timony should  also  show  the  agricultural  capacities  of  the  land,  what 
kind  of  crops  are  raised  thereon,  and  the  value  thereof;  the  number  of 
acres  actually  cultivated  for  crops  of  cereals  or  vegetables,  and  within 
which  particular  ten-acre  subdivision  such  crops  are  raised;  also  which 
of  these  subdivisions  embrace  the  improvements,  giving  in  detail  the 
extent  and  value  of  the  improvements,  such  as  house,  barn,  vineyard, 
orchard,  fencing,  etc.,  and  mining  improvements. 

107.  Should  Show  Date  When  Existence  of  Minerals  First  Known. 
The   testimony   should   be   as   full   and   complete   as   possible;    and   in 


UNITED   STATES   MINING  REGULATIONS.  553 

addition  to  the  leading  points  indicated  above,  where  an  attempt  is  made 
to  prove  the  mineral  character  of  lands  which  have  been  entered  under 
the  agricultural  laws,  it  should  show  at  what  date,  if  at  all,  valuable 
deposits  of  minerals  were  first  known  to  exist  on  the  lands. 

108.  Survey  to  Segregate  Agricultural  and  Mineral  Lands. — ^When 
the  case  comes  before  this  office,  such  decision  will  be  made  as  the  law  and 
the  facts  may  justify.  In  cases  where  a  survey  is  necessary  to  set  apart 
the  mineral  from  the  agricultural  land,  the  proper  party,  at  his  own 
expense,  will  be  required  to  have  the  work  done  by  a  reliable  and  com- 
petent surveyor  to  be  designated  by  the  surveyor  general.  Application 
therefor  must  be  made  to  the  register  and  receiver,  accompanied  by  de- 
scription of  the  land  to  be  segregated  and  the  evidence  of  service  upon 
the  opposite  party  of  notice  of  his  intention  to  have  such  segregation 
made.  The  register  and  receiver  will  forward  the  same  to  this  office, 
when  the  necessary  instructions  for  the  survey  will  be  given.  The  sur- 
vey in  such  case,  where  the  claims  to  be  segregated  are  vein  or  lode 
claims,  must  be  executed  in  such  manner  as  will  conform  to  the  require- 
ments in  section  2320,  Revised  Statutes,  as  to  length  and  width  and 
parallel  end  lines. 

109.  Survey  to  be  Sworn  to. — Such  survey  when  executed  must  be 
properly  sworn  to  by  the  surveyor,  either  before  a  notary  public,  United 
States  commissioner,  officer  of  a  court  of  record,  or  before  the  register  or 
receiver,  the  deponent's  character  and  credibility  to  be  properly  certi- 
fied to  by  the  officer  administering  the  oath. 

110.  Verification  by  Surveyor  General. — Upon  the  filing  of  the  plat 
and  field-notes  of  such  survey  with  the  register  and  receiver,  duly  sworn 
to  as  aforesaid,  they  will  transmit  the  same  to  the  surveyor  general  for 
his  verification  and  approval,  who,  if  he  finds  the  work  correctly  per- 
formed, will  furnish  authenticated  copies  of  such  plat  and  description 
both  to  the  proper  local  land  office  and  to  this  office,  made  upon  the 
usual  drawing-paper  township  blank. 

The  copy  of  plat  furnished  the  local  office  and  this  office  must  be  a 
diagram  verified  by  the  surveyor  general,  showing  the  claim  or  claims 
segregated,  and  designating  the  separate  fractional  agricultural  tracts 
in  each  40-acre  legal  subdivision  by  the  proper  lot  number,  beginnino^ 
with  No.  1  in  each  section,  and  giving  the  area  in  each  lot,  the  same 
as  provided  in  paragraph  37  in  the  survey  of  mining  claims  on  sur- 
veyed lands. 

111.  Effect  of  Decision  That  Land  is  Mineral. — The  fact  that  a  cer- 
tain tract  of  land  is  decided'  upon  testimony  to  be  mineral  in  character 
is  by  no  means  equivalent  to  an  award  of  the  land  to  a  miner.  In  order 
to  secure  a  patent  for  such  land,  he  must  proceed  as  in  other  cases, 
in  accordance  with  the  foregoing  regulations. 

Blank  forms  for  proofs  in  mineral  cases  are  not  furnished  by  the 
General  Land  Office. 


554 

FOREST  RESERVATIONS. 

Forest  Reservations,  When  to  be  Established. — All  public  lands  here- 
tofore designated  and  reserved  by  the  President  of  the  United  States 
under  the  provisions  of  the  act  approved  March  3,  1891,  the  orders  for 
which  shall  be  and  remain  in  full  force  and  effect,  unsuspended  and 
unrevoked,  and  all  public  lands  that  may  hereafter  be  set  aside  and 
reserved  as  public  forest  reserves  under  said  act,  shall  be  as  far  as 
practicable  controlled  and  administered  in  accordance  with  the  follow- 
ing provisions: 

No  public  forest  reservation  shall  be  established,  except  to  improve 
and  protect  the  forest  within  the  reservation,  or  for  the  purpose  of 
securing  favorable  conditions  of  water  flows,  and  to  furnish  a  con- 
tinuous supply  of  timber  for  the  use  and  necessities  of  citizens  of  the 
United  States ;  but  it  is  not  the  purpose  or  intent  of  these  provisions,  or 
of  the  act  providing  for  such  reservations,  to  authorize  the  inclusion 
therein  of  lands  more  valuable  for  the  mineral  therein,  or  for  agricul- 
tural purposes,  than  for  forest  purposes.     (30  Stats,  at  Large,  34,  35,  36.) 

Use  of  Timber,  etc.,  by  Settlers,  etc. — The  Secretary  of  the  Interior 
may  permit,  under  regulations  to  be  prescribed  by  him,  the  use  of 
timber  and  stone  found  upon  such  reservations,  free  of  charge,  by  bona 
fide  settlers,  miners,  residents,  and  prospectors  for  minerals,  for  fire- 
wood, fencing,  buildings,  mining,  prospecting,  and  other  domestic  pur- 
poses, as  may  be  needed  by  such  persons  for  such  purposes ;  such  tim- 
ber to  be  used  within  the  State  or  Territory,  respectively,  where  such 
reservations  may  be  located. 

Egress  and  Ingress  of  Settlers  Within  Reservations,  etc. — Nothing 
herein  shall  be  construed  as  prohibiting  the  egress  or  ingress  of  actual 
settlers  residing  within  the  boundaries  of  such  reservations,  or  from 
crossing  the  same  to  and  from  their  property  or  homes ;  and  such  wagon 
roads  and  other  improvements  may  be  constructed  thereon  as  may  be 
necessary  to  reach  their  homes  and  to  utilize  their  property  under  such 
rules  and  regulations  as  may  be  prescribed  by  the  Secretary  of  the 
Interior.  Nor  shall  anything  herein  prohibit  any  person  from  entering 
upon  such  forest  reservations  for  all  proper  and  lawful  purposes,  in- 
cluding that  of  prospecting,  locating,  and  developing  the  mineral 
resources  thereof:  Provided,  That  such  persons  comply  with  the  rules 
and  regulations  covering  such  forest  reservations. 

Restoration  of  Mineral  or  Agricultural  Lands  to  the  Public  Domain. — 
Upon  the  recommendation  of  the  Secretary  of  the  Interior,  with  the 
approval  of  the  President,  after  sixty  days'  notice  thereof,  published 
in  two  papers  of  general  circulation  in  the  State  or  Territory  wherein 
any  forest  reservation  is  situated,  and  near  the  said  reservation,  any 
public  lands  embraced  within  the  limits  of  any  forest  reservation  which, 
after  due  examination  by  personal  inspection  of  a  competent  person 
appointed  for  that  purpose  by  the  Secretary  of  the  Interior,  shall  be 
found  better  adapted  for  mining  or  for  agricultural  purposes  than  for 
forest  usage,  may  be  restored  to  the  public  domain.     And  any  mineral 


UNITED   STATES   MINING   REGULATIONS.  555 

lands  in  any  forest  reservation  which  have  been  or  which  may  be  shown 
to  be  such,  and  subject  to  entry  under  the  existing  mining  laws  of  the 
United  States  and  the  rules  and  regulations  applying  thereto,  shall 
continue  to  be  subject  to  such  location  and  entry,  notwithstanding  any 
provisions  herein  contained. 

MINERAL  LANDS  WITHIN  NATIONAL  FORESTS. 

114.  Mineral  Lands  in  Forest  Reserves  Subject  to  Location. — The  act 

of  June  4,  1897,  provides  that  ''any  mineral  lands  in  any  forest  reserva- 
tion which  have  been  or  which  may  be  shown  to  be  such,  and  subject  to 
entry  under  the  existing  mining  laws  of  the  United  States  and  the  rules 
and  regulations  applying  thereto,  shall  continue  to  be  subject  to  such 
location  and  entry,"  notwithstanding  the  reservation.  This  makes 
mineral  lands  in  the  forest  reserves  s<ubject  to  location  and  entry  under 
the  general  mining  laws  in  the  usual  manner. 

Use  of  Timber  and  Stone. — The  act  also  provides  that  "The  Secre- 
tary of  the  Interior  may  permit,  under  regulations  to  be  prescribed  by 
him,  the  use  of  timber  and  stone  found  upon  such  reservations,  free  of 
charge,  by  hon^i  fide  settlers,  miners,  residents,  and  prospectors  for 
minerals,  for  firewood,  fencing,  buildings,  mining,  prospecting,  and 
other  domestic  purposes,  as  may  be  needed  by  such  persons  for  such 
purposes;  such  timber  to  be  used  within  the  State  or  Territory,  respec- 
tively, where  such  reservations  may  be  located." 

TRANSFER  OF  NATIONAL  FORESTS. 

(Act  of  February  1,  1905.  33  Stat.  628.) 
Scope  of  Duty  of  Secretary  of  Agricidt^tre,  Bow  Limited. — The  Sec- 
retary of  the  Department  of  Agriculture  shall,  from  and  after  the  pas- 
sage of  this  act,  execute  or  cause  to  be  executed  all  la^vs  affecting  public 
lands  heretofore  or  hereafter  reserved  under  the  provisions  of  section 
twenty-four  of  the  act  entitled  "An  act  to  repeal  the  timber  culture 
laws,  and  for  other  purposes,"  approved  March  3,  1891,  and  acts  sup- 
plemental to  and  amendatory  thereof,  after  such  lands  have  been  so 
reserved,  excepting  such  laws  as  affect  the  surveying,  prospecting,  lo- 
cating, appropriating,  entering,  relinquishing,  reconveying,  certifying, 
or  patenting  of  any  of  such  lands. 

SURVEYS  OF  MINING  CLAIMS. 
GENERAL  PROVISIONS. 

115.  Appointment  of  Surveyors. — Under  section  2334,  Revised  Stat- 
utes, the  United  States  surveyor  general  ''may  appoint  in  each  land 
district  containing  mineral  lands  as  many  competent  surveyors  as 
shall  apply  for  appointment  to  survey  mining  claims." 

116.  Application  for  Appointment. — Persons  desiring  such  appoint- 
ment should  therefore  file  their  applications  with  the  surveyor  general 
for  the  district  wherein  appointment  is  asked,  who  will  furnish  all  in- 
formation necessarv. 


556  HILLYER^S  LEGx\L   MANUAL. 

117.  Approval. — All  appointments  of  mineral  surveyors  must  be  sub- 
mitted to  the  Commissioner  of  the  Greneral  Land  Office  for  approval. 

118.  Suspension  and  Revocation. — The  surveyors  general  have  au- 
thority to  suspend  or  revoke  the  commissions  of  mineral  surveyors  for 
cause.  Before  final  action,  however,  the  matter  should  be  submitted 
tx)  the  Commissioner  of  the  General  Land  Office  for  approval. 

119.  Appeal.— Such  surveyors  will  be  allowed  the  right  of  appeal 
from  the  action  of  the  surveyor  general  in  the  usual  manner.  Such  ap- 
peal should  be  filed  with  the  surveyor  general,  who  will  at  once  transmit 
the  same,  with  a  full  report,  to  the  General  Land  Office. 

120.  Disputed  Charges  for  Field  Work. — Neither  the  surveyor  gen- 
eral nor  the  Commissioner  of  the  General  Land  Office  has  jurisdiction 
to  settle  differences,  relative  to  the  payment  of  charges  for  field  work, 
between  mineral  surveyors  and  claimants.  These  are  matters  of  private 
contract  and  must  be  enforced  in  the  ordinary  manner,  i.  e.,  in  the  local 
courts.  The  Department  has,  however,  authority  to  investigate  charges 
affecting  the  official  actions  of  mineral  surveyors,  and  will,  on  suffi- 
cient cause  shiown,  suspend  or  revoke  their  appointment. 

121.  Number  of  Appointments  Unlimited. — The  surveyors  general 
should  appoint  as  miany  competent  mineral  surveyors  as  apply  for  ap- 
pointment, in  order  that  claimants  may  have  a  choice  of  surveyors,  and 
be  enabled  to  have  their  work  done  on  the  most  advantageous  terms. 

122.  Schedule  of  Charges  for  Office  Work. — The  schedule  of  charges 
for  office  work  should  be  as  low  as  is  possible.  No  additional  charges 
should  be  made  for  orders  for  amended  surveys,  unless  the  necessity 
therefor  is  clearly  the  fault  of  the  claimant,  or  considerable  additional 
office  work  results  therefrom. 

123.  [Omitted.] 

124.  Instructions  to  Mineral  Surveyors. — Mineral  surveyors  will  ad- 
dress all  official  communications  to  the  surveyor  general.  They  will, 
when  a  mining  claim  is  the  subject  of  correspondence,  give  the  name 
and  survey  number.  In  replying  to  letters  they  will  give  the  subject 
matter  and  date  of  the  letter.  They  will  promptly  notify  the  surveyor 
general  of  any  change  in  postoffice  address. 

125.  Records  of  Surveys — Field-notes  and  Reports. — Mineral  sur- 
veyors should  keep  a  complete  record  of  each  survey  made  by  them  and 
the  facts  coming  to  their  knowledge  at  the  time,  as  well  as  copies  of  all 
their  field-notes,  reports,  and  official  correspondence,  in  order  that  such 
evidence  may  be  readily  produced  when  called  for  at  any  future  time. 
Field-notes  and  other  reports  must  be  written  in  a  clear  and  legible  hand 
or  typewritten,  in  noncopying  ink,  and  upon  the  proper  blanks  fur- 
nished gratuitously  by  the  surveyor  general's  office  upon  application 
therefor.     No  interlineations  or  erasures  will  be  allowed. 

126.  Return  by  Surveyor  must  be  Signed. — No  return  by  a  mineral 
surveyor  will  be  recognized  as  official  unless  it  is  over  his  signature  as 
a  United  States  mineral  surveyor,  and  made  in  pursuance  of  a  special 


UNITED   STATES   MINING   REGULATIONS.  557 

order  from  the  surveyor  general's  office.  After  he  has  received  an  order 
for  survey  he  is  required  to  make  the  survey  and  return  correct  field- 
notes  thereof  to  the  surve\^or  general's  office  without  delay. 

127.  United  States  not  Responsible  for  Cost  of  Survey. — The  claimant 
is  required,  in  all  eases,  to  make  satisfactory  arrangements  with  the 
surveyor  for  the  payment  for  his  services  and  those  of  his  assistants 
in  making  the  survey,  as  the  United  States  will  not  be  held  responsible 
for  the  same. 

128.  Duties  of  Mineral  Surveyors. — A  mineral  surveyor  is  precluded 
from  acting,  either  directly  or  indirectly,  as  attorney  in  mineral  claims. 
His  duty  in  any  particular  case  ceases  when  he  has  executed  the  survey 
and  returned  the  field-notes  and  preliminary  plat,  with  his  report,  to 
the  surveyor  general.  He  will  not  be  allowed  to  prepare  for  the  mining 
claimant  the  papers  in  support  of  his  application  for  patent,  or  other- 
wise perform  the  duties  of  an  attorney  before  the  laud  office  in  connec- 
tion with  a  mining  claim.  He  is  not  permitted  to  combine  the  duties  of 
surveyor  and  notary  public  in  the  same  case  by  administering  oaths  to 
the  parties  in  interest.  It  is  preferable  that  both  preliminary  and 
final  oaths  of  assistants  should  be  taken  before  some  officer  duly  au- 
thorized to  administer  oaths,  other  than  the  mineral  surveyor.  In  cases, 
however,  where  great  delay,  expense,  or  inconvenience  would  result  from 
a  strict  compliance  with  this  rule,  the  mineral  surveyor  is  authorized 
to  administer  the  necessary  oaths  to  his  assistants,  but  in  each  case 
where  this  is  done,  he  will  submit  to  the  proper  surveyor  general  a  full 
written  report  of  the  circumstances  which  required  his  stated  action, 
otherwise  he  must  have  absolutely  nothing  to  do  with  the  case,  except 
in  his  official  capacity  as  surveyor.  He  will  not  employ  chainmcn  in- 
terested therein  in  any  manner. 

METHOD   OF  SURVEY. 

129.  Survey,  How  Made. — The  survey  made  and  returned  must,  in 
every  case,  be  an  actual  survey  on  the  ground  in  full  detail,  made  by 
the  mineral  surveyor  in  person  after  the  receipt  of  the  order,  and  with- 
out reference  to  any  knowledge  he  may  have  previously  acquired  by 
reason  of  having  made  the  location  survey  or  otherwise,  and  must  show^ 
the  actual  facts  existing  at  the  time.  This  precludes  him  from  calculat- 
ing the  connections  to  corners  of  the  public  survey  and  location  monu- 
ments, or  any  other  lines  of  his  survey  through  prior  surveys  made 
by  others  and  substituting  the  same  for  connections  or  lines  of  the 
survey  returned  by  him.  The  term  "survey"  in  this  paragraph  applies 
not  only  to  the  usual  field  work,  but  also  to  the  examinations  required 
for  the  preparation  of  affidavits  of  five  hundred  dollars  expenditure, 
descriptive  reports  on  placer  claims,  and  all  other  reports. 

130.  Contiguous  Locations. — The  survey  of  a  mining  claim  may  con- 
sist of  several  contiguous  locations,  but  such  survey  must,  in  conformity 
with  statutory  requirements,  distinguish  the  several  locations,  and  ex- 
hibit the  boundaries  of  each.     The  survey  will  be  given  but  one  number. 


558  HILLYER^S  LEGAL   MANUAL. 

131.  Relation  of  Survey  to  Location. — The  survey  must  be  made  in 
strict  conformity  with,  or  be  embraced  within,  the  lines  of  the  location 
upon  which  the  order  is  based.  If  the  survey  and  location  are  identical, 
that  fact  must  be  clearly  and  distinctly  stated  in  the  field-notes.  If  not 
identical,  a  bearing  and  distance  must  be  given  from  each  established 
•corner  of  survey  to  the  corresponding  corner  of  the  location,  and  the 
location  corner  must  be  fully  described,  so  that  it  can  be  identified. 
The  lines  of  the  location,  as  found  upon  the  ground,  must  be  laid  dow^n 
upon  the  preliminary  plat  in  such  a  manner  as  to  contrast  and  show 
their  relation  to  the  lines  of  survey. 

132.  Corners  not  to  be  Changed. — In  view  of  the  principle  that 
courses  and  distances  must  give  way  when  in  conflict  with  fixed  objects 
and  monuments,  the  surveyor  will  not,  under  any  circumstances,  change 
the  corners  of  the  location  for  the  purpose  of  making  them  conform  to 
the  description  in  the  record.  If  the  difference  from  the  location  be 
slight,  it  may  be  explained  in  the  field-notes. 

133.  Surveys  to  Show  Course  of  Vein. — No  mining  claim  located  sub- 
sequent to  May  10,  1872,  should  exceed  the  statutory  limit  in  width  on 
each  side  of  the  center  of  vein  or  fifteen  hundred  feet  in  length,  and 
all  surveys  musit  close  within  fifty  one-hundredths  feet  in  one  thousand 
feet,  and  the  error  must  not  be  such  as  to  make  the  location  exceed  the 
statutory  limits  and  in  absence  of  other  proof  the  discovery  point  is 
held  to  be  the  center  of  the  vein  on  the  surface.  The  course  and  length 
of  the  vein  should  be  marked  upon  the  plat. 

134.  Courses  to  Refer  to  True  Meridian. — All  mineral  surveys  must 
be  made  with  a  transit,  with  or  without  solar  attachment,  by  which 
the  meridian  can  be  determined  independently  of  the  magne.tic  needle, 
and  all  courses  must  be  referred  to  the  true  meridian.  The  variation 
should  be  noted  at  each  corner  of  the  survey.  The  true  course  of  at 
least  one  line  of  each  survey  must  be  ascertained  by  astronomical  ob- 
servations made  at  the  time  of  the  survey;  the  data  for  determining 
the  same  and  details  as  to  how^  these  data  were  arrived  at  must  be  given. 
Or,  in  lieu  of  the  foregoing,  the  survey  must  be  connected  with  some 
line  the  true  course  of  w^hich  has  been  previously  established  beyond 
question,  and  in  a  similar  manner,  and,  when  such  lines  exist,  it  is 
desirable  in  all  cases  that  they  should  be  used  as  a  proof  of  the  accuracy 
of  subsequent  w^ork. 

135.  Comer  No.  1,  How  Connected. — Corner  No.  1  of  each  location 
embraced  in  a  survey  must  be  connected  by  course  and  distance  with 
nearest  corner  of  the  public  survey  or  with  a  United  States  location 
monument,  if  the  claim  lies  within  two  miles  of  such  corner  or  monu- 
ment. If  both  are  within  the  required  distance,  the  connection  must  be 
with  the  corner  of  the  public  survey. 

136.  Surveys  in  Suspended  Townships. — Surveys  and  connections  of 
mineral  claims  may  be  made  in  suspended  townships  in  the  same  manner 
as  though  the  claims  w^ere  upon  unsurveyed  land,  except  as  hereinafter 
specified,  by  connecting  them  with  independent  mineral  monuments. 


UNITED   STATES    MINING   REGULATIONS.  559 

At  the  same  time,  the  position  of  any  public  land  corner  which  may  be 
found  in  the  neighborhood  of  the  claim  should  be  noted,  so  that,  in 
case  of  the  release  of  the  township  from  suspension,  the  position  of  the 
claim  can  be  shown  on  the  plat. 

137.  Surveys  in  Suspended  and  Regular  Townships. — A  mineral  sur- 
vey must  not  be  returned  with  its  connection  made  only  with  a  corner 
of  the  public  survey,  where  the  survey  of  the  township  within  which 
it  is  situated  is  under  suspension,  nor  connected  with  a  mineral  monu- 
ment alone,  when  situated  within  the  limits  of  a  township  the  regularity 
and  correctness  of  the  survey  of  which  is  unquestioned. 

138.  Comer  No.  1,  How  Established. — In  making  an  official  survey, 
corner  No.  1  of  each  location  must  be  established  at  the  comer  nearest 
the  corner  of  the  public  survey  or  location  monument,  unless  good  cause 
is  shown  for  its  being  placed  otherwise.  If  connections  are  given  to 
both  a  corner  of  the  public  survey  and  location  monument,  corners 
Nos.  1  should  be  placed  at  the  corner  nearest  the  corner  of  the  public 
survey.  When  a  boundary  line  of  a  claim  intersects  a  section  line, 
courses  and  distances  from  point  of  intersection  to  the  Government  cor- 
ners at  each  end  of  the  half  mile  of  section  line  so  intereected  must  be 
given. 

139.  Establishment  of  New  Mineral  Monument. — In  case  a  survey  is 
situated  in  a  district  where  there  are  no  comers  of  the  public  survey 
and  no  monuments  within  the  prescribed  limits,  a  mineral  monument 
must  be  established,  in  the  location  of  which  the  greatest  care  must  be 
exercised  to  insure  permanency  as  to  site  and  construction. 

140.  Site  to  be  Chosen,  How. — The  site,  when  practicable,  should  be 
some  prominent  point,  visible  for  a  long  distance  from  every  direction, 
and  should  be  so  chosen  that  the  permanency  of  the  monument  will  not 
be  endangered  by  snow,  rock,  or  landslides,  or  other  natural  causes. 

141.  Construction  of  Monument. — The  monument  should  consist  of  a 
stone  not  less  than  thirty  inches  long,  twenty  inches  wide,  and  six  inches 
thick,  set  halfway  in  the  ground,  with  a  conical  mound  of  stone  four 
feet  high  and  six  feet  base  alongside.  The  letters  U.  S.  L.  M.,  fallowed 
by  the  consecutive  number  of  the  monument  in  the  district,  must  be 
plainly  chiseled  upon  the  stone.  If  impracticable  to  obtain  a  stone  of 
required  dimensions,  then  a  post  eight  feet  long,  six  inches  square,  set 
three  feet  in  the  ground,  scribed  as  for  a  stone  monument,  protected 
by  a  well-built  conical  mound  of  stone  of  not  less  than  three  feet  high 
and  six  feet  base  around  it,  may  be  used.  The  exact  point  for  connec- 
tion must  be  indicated  on  the  monument  by  an  X  chiseled  thereon;  if 
a  post  is  used,  then  a  tack  must  be  driven  into  the  post  to  indicate  the 
point. 

142.  Connections  and  Hearings. — ^From  the  monument,  connections  by 
course  and  distance  must  be  taken  to  two  or  three  bearing  trees  or  rocks, 
and  to  any  well-known  and  permanent  objects  in  the  vicinity,  such  as 
the  confluence  of  streams,  prominent  rocks,  buildings,  shafts,  or  mouths 
of  adits.     Bearing  trees  must  be  properly  scribed  B.  T.  and  bearing 


560  hillyer's  legal  manual. 

rocks  chiseled  B.  R.,  together  with  the  number  of  the  location  monu- 
ment; the  exaet  point  on  the  tree  or  stone  to  which  the  connection  is 
taken  should  b-e  indicated  by  a  cross  or  other  unmistakable  mark. 
Bearings  should  also  be  taken  to  prominent  mountain  peaks,  and  the 
approximate  distance  and  direction  ascertained  from  the  nearest  town 
or  mining  camp.  A  detailed  description  of  the  locating  monument, 
with  a  topographical  map  of  its  location,  should  be  furnished  the  office 
of  the  surveyor  general  by  the  surveyor. 

143.  Comers,  How  Constructed. — Corners  may  consist  of — 

First. — A  stone  at  least  twenty-four  inches  long  set  twelve  inches  in 
the  ground,  with  a  conical  mound  of  stone  one  and  one-half  feet  high, 
two  feet  base,  alongside. 

Second. — A  post  at  least  three  feet  long  by  four  inches  square,  set 
eighteen  inches  in  the  ground  and  surrounded  by  a  substantial  mound 
of  stone  or  earth. 

Third. — A  rock  in  place. 

A  stone  should  always  be  used  for  a  corner  when  possible,  and 
when  so  used  the  kind  should  be  stated. 

144.  How  Marked. — All  corners  must  be  established  in  a  permanent 
and  workmanlike  manner,  and  the  corner  and  survey  number  must  be 
neatly  chiseled  or  scribed  on  the  sides  facing  the  claim.  The  exact  cor- 
ner point  must  be  permanently  indicated  on  the  corner.  When  a  rock 
in  place  is  used,  its  dimensions  above  ground  must  be  stated  and  a  cross 
chiseled  at  the  exact  corner  point. 

145.  Witness  Comers. — In  case  the  point  for  the  comer  be  inaccessible 
or  unsuitable  a  witness  corner,  which  must  be  marked  with  the  letters 
W.  C.  in  addition  to  the  corner  and  survey  number,  should  be  estab- 
lished. The  witness  corner  should  be  located  upon  a  line  of  the  survey 
and  as  near  as  possible  to  the  true  corner,  with  which  it  must  be  con- 
nected by  course  and  distance.  The  reason  why  it  is  impossible  or  im- 
practicable to  establish  the  true  corner  must  always  be  stated  in  the 
field-notes  and  in  running  the  next  course  it  should  be  stated  whether 
the  start  is  made  from  the  true  place  for  corner  or  from  witness  corner. 

146.  Bearings. — The  identity  of  all  corners  should  be  perpetuated  by 
taking  courses  and  distances  to  bearing  trees,  rocks,  and  other  objects, 
as  prescribed  in  the  establishment  of  location  monuments,  and  when  no 
bearings  are  given  it  should  be  stated  that  no  bearings  are  available. 
Permanent  objects  should  be  selected  for  bearings  w^henever  possible. 

147.  Connections  With  Other  Surveys. — If  an  official  mineral  survey 
has  been  made  in  the  vicinity,  within  a  retasonable  distance,  a  further 
connecting  line  should  be  run  to  some  corner  thereof;  and  in  like  man- 
ner all  conflicting  surveys  and  locations  should  be  so  connected,  and  the 
comer  with  which  connection  is  made  in  each  case  described.  Such 
connections  will  be  made  and  conflicts  shown  according  to  the  bound- 
aries of  the  neighboring  or  conflicting  claims  as  each  is  marked,  defined, 
and  actually  established  upon  the  ground.     The  mineral  surveyor  will 


UNITED   STATES   MINING   REGULATIONS.  561 

fully  and  specifi<3ally  state  in  his  return  how  and  by  what  visible  evi- 
dences he  was  able  to  identify  on  the  ground  the  several  conflicting  sur- 
veys and  those  which  appear  according  to  their  returned  tie  or  boundary 
lines  to  conflict,  if  they  were  so  identified,  and  report  errors  or  dis- 
crepancies found  by  him  in  any  such  surveys.  In  the  survey  of  con- 
tiguous claims  which  constitute  a  consolidated  group,  where  corners  are 
common,  bearings  should  be  mentioned  but  once. 

148.  Topographical  Features  and  Improvements. — The  mineral  sur- 
veyor should  note  carefully  all  topographical  features  of  the  claim, 
taking  distances  on  his  lines  to  intersections  with  all  streams,  gulches, 
ditches,  ravines,  mountain  ridges,  roads,  trails,  etc.,  with  their  widths, 
courses,  and  other  data  that  may  be  required  to  map  them  correctly. 
All  municipal  or  private  improvements  such  as  blocl^,  streets,  and 
buildings,  should  be  located. 

149.  Lines  of  Conflicting  Surveys. — If,  in  running  the  exterior  lines 
of  a  claim,  the  survey  is  found  to  conflict  with  the  sui-vey  of  another 
claim,  the  distances  to  the  points  of  intersection,  and  the  courses  and 
distances  along  the  line  intersected  from  an  established  corner  of  such 
conflicting  claim  to  such  points  of  intersection,  should  be  described  in 
the  field-notes:  Provided,  that  where  a  corner  of  the  conflicting  survey 
falls  within  the  claim  being  surveyed,  such  corner  should  be  selected 
from  which  to  give  the  bearing,  otherwise  the  comer  nearest  the  inter- 
section should  be  taken.  The  same  rule  should  govern  in  the  survey  of 
claims  embracing  two  or  more  locations  the  lines  of  which  intersect. 

150.  Lode  Sites  and  Mill  Sites,  How  Distinguisbed.^A  lode  and  mill 
site  claim  in  one  survey  will  be  distinguished  by  the  letters  A  and  B 
following  the  number  of  the  survey.  The  corners  of  the  mill  site  will 
be  numbered  independently  of  those  of  the  lode.  Corner  No.  1  of  the 
mill  site  must  be  connected  with  a  comer  of  the  lode  claim  as  well  as 
with  a  corner  of  the  public  survey  or  United  States  location  monument. 

151.  Each  Location  to  be  Given  Separate  Corner  No.  1. — When  a 
placer  claim  includes  lodes,  or  when  several  contiguous  placer  or  lode 
locations  are  included  as  one  claim  in  one  survey,  there  must  be  given 
to  the  corners  of  each  location  constituting  the  same  a  separate  consecu- 
tive numerical  designation,  beginning  with  comer  No.  1  in  each  case. 

152.  Description  of  Survey. — Throughout  the  description  of  the  sur- 
vey, after  each  reference  to  the  lines  or  corners  of  a  location,  the  name 
thereof  must  be  given,  and  if  unsurveyed,  the  fact  stated.  If  reference 
is  made  to  a  location  included  in  a  prior  official  survey,  the  survey 
number  must  be  given,  followed  by  the  name  of  the  location.  Corners 
should  be  described  once  only. 

153.  Area,  How  Stated. — The  total  area  of  each  location  and  also 
the  area  in  conflict  with  each  intersecting  survey  or  claim  should  be 
stated.  But  when  locations  embraced  in  one  survey  conflict  with  each 
other  such  conflicts  should  only  be  stated  in  connection  with  the  location 
from  which  the  conflicting  area  is  excluded. 

36 


562  hillyer's  legai.  manual. 

154.  Section  Lines. — It  should  be  stated  particularly  whether  the 
claim  is  upon  surveyed  or  unsurveyed  public  lands,  giving  in  the  former 
case  the  quarter  section,  township,  and  range  in  which  it  is  located,  and 
the  section  lines  should  be  indicated  by  full  lines  and  the  quarter  section 
lines  by  dotted  lines. 

155.  Title-page  of  Field-notes. — The  title-page  of  the  field-notes 
must  contain  the  postoffice  address  of  the  claimant  or  his  authorized 
agent. 

156.  Estimate  of  Value  of  Improvements. — In  the  mineral  sur- 
veyor's report  of  the  value  of  the  improvements  all  actual  expenditures 
and  mining  improvements  made  by  the  claimant  or  his  grantors,  hav- 
ing a  direct  relation  to  the  development  of  the  claim,  must  be  included 
in   the   estimate. 

157.  What  Included  in  Estimate  and  What  Excluded. — The  expendi- 
tures required  may  be  made  from  the  surface  or  in  running  a  tunnel, 
drifts,  or  crosscuts  for  the  development  of  the  claim.  Improvements 
of  any  other  character,  such  as  buildings,  machinery,  or  roadways, 
must  be  excluded  from  the  estimate,  unless  it  is  shown  clearly  that 
they  are  associated  with  actual  excavations,  such  as  cuts,  tunnels, 
shafts,  etc.,  are  essential  to  the  practical  development  of  and  actually 
facilitate  the  extraction  of  mineral  from  the  claim. 

158.  Improvements  to  be  Located  and  Numbered. — All  mining  and 
other  improvements  claimed  will  be  located  by  courses  and  distances 
from  corners  of  the  survey,  or  from  points  on  the  center  or  side  lines, 
specifying  with  particularity  and  detail  the  dimensions  and  character 
of  each,  and  the  improvements  upon  each  location  should  be  numbered 
consecutively,  the  point  of  discovery  being  always  No.  1.  Improve- 
ments made  by  a  former  locator  who  has  abandoned  his  claim  cannot 
be  included  in  the  estimate,  but  should  be  described  and  located  in 
the   notes   and   plat. 

159.  Expenditure  on  Lode  Claim  Where  Mill  Site  Included  in  Sur- 
vey.— In  case  of  a  lode  and  mill  site  claim  in  the  same  survey  the 
expenditure  of  five  hundred  dollars  must  be  shown  upon  the  lode 
claim. 

160.  Supplemental  Proof  of  Expenditure. — If  the  value  of  the  labor 
and  improvements  upon  a  mineral  claim  is  less  than  five  hundred  dol- 
lars at  the  time  of  survey,  the  mineral  surveyor  may  file  with  the 
surveyor  general  supplemental  proof  showing  five  hundred  dollars 
expenditure  made  prior  to  the  expiration  of  the  period  of  publication. 

161.  Preliminary  Plat. — The  mineral  surveyor  will  return  with  his 
field-notes  a  preliminary  plat  on  blank  sent  to  him  for  that  purpose, 
protracted  on  a  scale  of  two  hundred  feet  to  an  inch,  if  practicable. 
In  preparing  plats  the  top  is  north.  Copy  of  the  calculations  of  areas 
by  double  meridian  distances  and  of  all  triangulations  or  traverse 
lines  must  be  furnished.  The  lines  of  the  claim  surveyed  should  be 
heavier  than  the  lines  of  conflicting  claims. 


UNITED   STATES   MINING   REGULATIONS.  563 

162.  Erroneous  Surveys — Joint  Survey. — Whenever  a  survey  has 
been  reported  in  error  the  surveyor  who  made  it  will  be  required  to 
promptly  make  a  thorough  examination  upon  the  premises  and  report 
the  result,  under  oath,  to  the  surveyor  general's  office.  In  case  he 
finds  his  survey  in  error  he  will  report  in  detail  all  discrepancies  with 
the  original  survey  and  submit  any  explanation  he  may  have  to  offer 
as  to  the  cause.  If,  on  the  contrary,  he  should  report  his  survey  cor- 
rect, a  joint  survey  will  be  ordered  to  settle  the  differences  with  the 
surveyor  who  reported  the  error.  A  joint  survey  must  be  made  within 
ten  days  after  the  date  of  order  unless  satisfactory  reasons  are  sub- 
mitted, under  oath,  for  a  postponement.  The  field  work  must  in  every 
sense  of  the  term  be  a  joint  and  not  a  separate  survey,  and  the  ob- 
servations and  measurements  taken  with  the  same  instrument  and 
chain,  previously  tested  and  agreed  upon. 

163.  Field-notes  on  Joint  Survey,  by  Whom  Made. — The  mineral 
surveyor  found  in  error,  or,  if  both  are  in  error,  the  one  who  reported 
the  same,  will  make  out  the  field-notes  of  the  joint  survey,  which,  after 
being  duly  signed  and  sworn  to  by  both  parties,  must  be  transmitted 
to  the  surveyor  general's  office. 

164.  Amended  Surveys  Ordered  on  Special  Instructions. — Inasmuch 
as  amended  surveys  are  ordered  only  by  special  instructions  from  the 
General  Land  Office,  and  the  conditions  and  circumstances  peculiar  to 
each  separate  case  and  the  object  sought  by  the  required  amendment, 
alone  govern  all  special  matters  relative  to  the  manner  of  making  such 
survey  and  the  form  and  subject  matter  to  be  embraced  in  the  field- 
notes  thereof,  but  few  general  rules  applicable  to  all  cases  can  be  laid 
down. 

165.  Amended  Survey — How  Made. — The  amended  survey  must  be 
made  in  strict  conformity  with,  or  be  embraced  within,  the  lines  of 
the  original  survey.  If  the  amended  and  original  surveys  are  identi- 
cal, that  fact  must  be  clearly  and  distinctly  stated  in  the  field-notes. 
If  not  identical,  a  bearing  and  distance  must  be  given  from  each  es- 
tablished corner  of  the  amended  survey  to  the  corresponding  corner 
of  the  original  survey.  The  lines  of  the  original  survey,  as  found 
upon  the  ground,  must  be  laid  down  upon  the  preliminary  plat  in 
such  manner  as  to  contrast  and  show  their  relation  to  the  lines  of  the 
amended  survey. 

166.  Amended  Survey — Field-notes,  How  Prepared. — The  field- 
notes  of  the  amended  survey  must  be  prepared  on  the  same  size  and 
form  of  blanks  as  are  the  field-notes  of  the  original  survey,  and  the 
word  "amended"  must  be  used  before  the  word  "survey"  wherever 
it  occurs  in  the  field-notes. 

167.  Descriptive  Report  on  Placer  Claims. — Mineral  surveyors  are 
required  to  make  full  examinations  of  all  placer  claims  at  the  time 
of  survey  and  file  with  the  field-notes  a  descriptive  report,  in  which 
will  be  described — 


5G4 

(a)  The  quality  and  composition  of  the  soil,  and  the  kind  and 
amount  of  timber  and  other  vegetation. 

(6)  The  locus  and  size  of  streams,  and  such  other  matter  as  may 
appear  upon  the  surface  of  the  claims. 

(c)  The  character  and  extent  of  all  surface  and  underground  work- 
ings, whether  placer  or  lode,  for  mining  purposes,  locating  and  de- 
scribing them. 

{d)  The  proximity  of  centers  of  trade  or  residence. 

(e)  The  proximity  of  well-known  systems  of  lode  deposits  or  of  in- 
dividual lodes. 

(/■)  The  use  or  adaptability  of  the  claim  for  placer  mining,  and 
whether  water  has  been  brought  upon  it  in  sufficient  quantity  to  mine 
the  same,  or  whether  it  can  be  procured  for  that  purpose. 

{g)  What  works  or  expenditures  have  been  made  by  the  claimant 
or  his  grantors  for  the  development  of  the  claim,  and  their  situation 
and  location  with  respect  to  the  same  as  applied  for. 

(h)  The  true  situation  of  all  mines,  salt  licks,  salt  springs,  and  mill 
sites  which  come  to  the  surveyor's  knowledge,  or  a  "report  by  him  that 
none  exist  on  the  claim,  as  the  facts  may  warrant. 

(i)  Said  report  must  be  made  under  oath  and  duly  corroborated  by 
one  or  more  disinterested  persons. 

168.  Parties  not  to  Assist  in  Making  Surveys. — The  employing  of 
claimants,  their  attorneys,  or  parties  in  interest,  as  assistants  in  making 
surveys  of  mineral  claims  will  not  be  allowed. 

169.  General  Accountability  of  Surveyor. — The  field-work  must  be 
accurately  and  properly  performed  and  returns  made  in  conformity 
with  the  foregoing  instructions.  Errors  in  the  survey  must  be  cor- 
rected at  the  surveyor's  own  expense,  and  if  the  time  required  in  the 
examination  of  the  returns  is  increased  by  reason  of  neglect  or  care- 
lessness, he  will  be  required  to  make  an  additional  deposit  for  office 
work.  He  will  be  held  to  a  strict  accountability  for  the  faithful  dis- 
charge of  his  duties,  and  will  be  required  to  observe  fully  the  require- 
ments and  regulations  in  force  as  to  making  mineral  surveys.  If 
found  incompetent  as  a  surveyor,  careless  in  the  discharge  of  his 
duties,  or  guilty  of  a  violation  of  said  regulations,  his  appointment  will 
be  promptly  revoked. 

S.  V.  PROUDFIT, 
Acting  Commissioner. 
Approved  March   29,   1909. 

R.  A.  BALLINGER, 

Secretar}\ 


CALIFORNIA   MINING  LAWS.  565 

CALIFORNIA  MINING  LAWS. 

[Section  numbers  refer  to  Civil  Code.] 

MINING  CORPORATIONS. 

§  586.  Transfer  Agencies. — Any  corporation  organized  in  this  State 
for  the  purpose  of  mining  or  carrying:  on  mining  operations  in  or  with- 
out this  State,  may  establish  and  maintain  agencies  in  other  States  of 
the  United  States,  for  the  transfer  and  issuing  of  their  stock;  and  a 
transfer  or  issue  of  the  same  at  any  such  transfer  agency,  in  accord- 
ance with  the  provisions  of  its  by-laws,  is  valid  and  binding  as  fully 
and  effectually  for  all  purposes  as  if  made  upon  the  books  of  such  cor- 
poration at  its  principal  office  within  this  State.  The  agencies  must 
be  governed  by  the  by-laws  and  the  directors  of  the  corporation. 

§  587.  Stock  Issued  at  Transfer  Agencies. — All  stock  of  any  such 
corporation,  issued  at  a  transfer  agency,  must  be  signed  by  the  presi- 
dent and  secretary  of  the  corporation,  and  countersigned  at  the  time 
of  its  issue  by  the  agent  having  charge  of  the  transfer  agency.  No 
stock  must  be  issued  at  a  transfer  agency  unless  the  certificate  of  stock, 
in  lieu  of  which  the  same  is  issued,  is  at  the  time  surrendered  for  can- 
cellation. 

§  587a.     Consolidation  of  Mining  Corporations. — It  is  lawful  for  two 

or  more  corporations  formed,  or  that  may  hereafter  be  formed,  under 
the  laws  of  this  State,  for  mining  purposes,  which  own  or  possess  min- 
ing claims  or  lands  adjoining  each  other,  or  lying  in  the  same  vicinity, 
to  consolidate  their  capital  stock,  debts,  property,  assets,  and  fran- 
chises, in  such  manner  and  upon  such  terms  as  may  be  agreed  upon  by 
the  respective  boards  cf  directors  or  trustees  of  such  corporations  so 
desiring  to  consolidate  their  interests;  but  no  such  consolidation  must 
take  place  without  the  written  consent  of  the  stockholders  representing 
two-thirds  of  the  capital  stock  of  each  corporation,  and  no  such  con- 
solidation can,  in  any  way,  relieve  such  corporations,  or  the  stock- 
holders thereof,  from  any  and  all  just  liabilities;  and  in  case  of  such 
consolidation,  due  notice  of  the  same  must  be  given,  by  advertising,  for 
one  month,  in  at  least  one  newspaper  in  the  county  where  the  said 
mining  property  is  situated,  if  there  is  one  published  therein,  and  also 
in  one  newspaper  published  in  the  county  where  the  principal  place  of 
business  of  any  of  said  corporation  [s]  is.  And  when  the  consolidation 
is  completed,  a  certificate  thereof,  containing  the  manner  and  terms  of 
such  consolidation,  must  be  filed  in  the  office  of  the  county  clerk  of 
the  county  in  which  the  original  certificate  of  incorporation  of  each  of 
said  corporations  is  filed,  and  a  copy  thereof  must  be  filed  in  the  office 
of  the  secretary  of  state ;  such  certificate  must  be  signed  by  a  majority 
of  each  board  of  trustees  or  directors  of  the  original  corporations,  and 
it  is  their  duty  to  call,  within  thirty  days  after  the  filing  of  such  cer- 
tificate, a  meeting  of  the  stockholders  of  all  of  said  corporations  so 
consolidated,  to  elect  a  board  of  trustees  or  directors  for  the  consoli- 


5G6  hillyer's  legal  manual. 

dated  corporation,  for  the  year  thence  next  ensuing ;  and  to  cause  notice 
of  the  time  and  place  fixed  for  such  meeting  to  be  mailed  to  each 
stockholder  of  each  of  such  corporations  at  his  last  known  place  of 
residence  or  business  at  least  ten  days  before  the  time  fixed  for  such 
meeting.  The  said  certificate  must  also  contain  all  the  requirements 
prescribed  by  section  two  hundred  and  ninety. 

§  588.  Books  and  Balance-sheets  to  be  Kept  by  Secretary — Stock- 
holders '  Right  to  Inspect. — It  is  the  duty  of  the  secretary  of  every  cor- 
poration formed  for  the  purpose  of  mining,  or  conducting  mining  in 
California,  whether  such  corporation  be  formed  and  organized  under 
the  laws  of  the  State  of  California  or  any  other  State,  territory,  or 
foreign  country,  to  keep  at  some  place  within  the  State  of  California 
an  office  and  in  such  office  to  keep  a  complete  set  of  books  showing  all 
receipts  and  expenditures  of  such  corporation,  the  sources  of  such  re- 
ceipts, and  the  objects  of  such  expenditures,  and  also  all  transfers  of 
stock.  All  books  and  papers  must,  at  all  times  during  business  hours, 
be  open  to  the  inspection  of  any  stockholder.  He  is  entitled  to  be 
accompanied  by  an  expert,  and  to  make  copies  of  extracts  from  any 
such  books  or  papers.  He  may,  at  reasonable  hours,  examine  such 
mining  property,  accompanied  by  an  expert,  take  samples,  and  make 
such  other  examination  as  he  may  deem  necessary.  It  is  the  duty  of 
the  directors,  on  the  second  Monday  of  each  and  every  month,  to  cause 
to  be  made  an  itemized  account  or  balance-sheet  for  the  previous  month, 
embracing  a  full  and  complete  statement  of  all  disbursements  and 
receipts,  showing  from  what  sources  such  receipts  were  derived,  and 
to  whom  and  for  what  object  or  purpose  such  disbursements  or  pay- 
ments were  made ;  also  all  indebtedness  or  liabilities  incurred  or 
existing  at  the  time,  and  for  what  the  same  were  incurred,  and  the 
balance  of  money,  if  any,  on  hand.  Such  account  or  balance-sheet  must 
be  verified  under  oath  by  the  president  and  secretary,  and  posted  in. 
some  conspicuous  place  in  the  office  of  the  company.  It  is  the  duty 
of  the  superintendent,  on  the  first  Monday  of  each  month,  to  file  with 
the  secretary  an  itemized  account,  verified  under  oath,  showing  all 
receipts  and  disbursements  made  by  him  for  the  previous  month,  and 
for  what  said  disbursements  were  made.  Such  account  must  also 
contain  a  verified  statement  showing  the  number  of  men  employed 
under  him,  and  for  what  purpose,  and  the  rate  of  wages  paid  to  each. 
He  must  attach  to  such  account  a  full  and  complete  report,  under 
oath,  of  the  work  done  in  said  mine,  the  amount  of  ore  extracted,  from 
what  part  of  mine  taken,  the  amount  sent  to  mill  for  reduction,  its 
assay  value,  the  amount  of  bullion  received,  the  amount  of  bullion 
shipped  to  the  office  of  the  company  or  elsewhere,  and  the  amount,  if 
any,  retained  by  the  superintendent.  It  is  his  duty  to  forward  to  the 
office  of  the  company  a  full  report,  under  oath,  of  all  discoveries  of 
ores  or  mineral-bearing  quartz  made  in  said  mine,  whether  by  boring, 
drifting,  sinking,  or  otherwise,  together  with  the  assay  value  thereof. 
All  accounts,  reports,  and  correspondence  from  the  superintendent 
must  be  kept  in  some  conspicuous  place  in  the  office  of  said  company, 
open  to  the  inspection  of  all  stockholders. 


CALIFORNIA   MINING  LAWS.  567 

§  589.    Right  of  Stockholders  to  Visit  Mine  With  Expert.— Any 

stockholder  of  a  corporation  formed  under  the  laws  of  this  State  for 
the  purpose  of  mining,  is  entitled  to  visit,  accompanied  by  his  expert, 
and  examine  the  mine  or  mines  owned  by  such  corporation,  and  every 
part  thereof,  at  any  time  he  may  see  fit;  and  when  such  stockholder 
applies  to  the  president  of  such  corporation,  he  must  immediately  cause 
the  secretary  thereof  to  issue  and  deliver  to  such  applicant  an  order, 
under  the  seal  of  the  corporation,  directed  to  the  superintendent,  com- 
manding him  to  show  and  exhibit  such  parts  of  said  mine  or  mines 
as  the  party  named  in  said  order  may  desire  to  visit  and  examine.  It 
is  the  duty  of  the  superintendent,  on  receiving  such  order,  to  furnish 
such  stockholder  every  facility  for  making  a  full  and  complete  inspec- 
tion of  said  mine  or  mines,  and  of  the  workings  therein,  and  to 
accompany  said  stockholder  either  in  person,  or  to  furnish  some  person 
familiar  with  said  mine  or  mines  to  accompany  him  in  his  visit  to  and 
through  such  mine  or  mines,  and  every  part  thereof.  If  the  superin- 
tendent fails  to  obey  such  order,  such  stockholder  is  entitled  to  recover, 
in  any  court  of  competent  jurisdiction,  against  the  corporation,  the  sum 
of  one  thousand  dollars,  and  traveling  expenses  to  and  from  the  mine, 
as  liquidated  damages,  together  with  costs  of  suit.  In  case  of  such 
refusal,  it  is  the  duty  of  the  directors  of  the  corporation  forthwith  to 
remove  the  officer  so  refusing,  and  thereafter  he  must  not  be  employed 
directly  or  indirectly  by  the  corporation,  nor  must  any  salary  be  paid 
to  him. 

§  590.  Liability  of  Presidents  and  Directors. — In  case  of  the  refusal 
or  neglect  of  the  president  to  cause  to  be  issued  by  the  secretary  the 
order  mentioned  in  section  589,  such  stockholder  is  entitled  to  recover 
against  said  president  the  sum  of  one  thousand  dollars  and  costs,  as 
provided  in  the  last  section.  If  the  directors  fail  to  have  the  report 
and  accounts  current  made  and  posted  as  provided  in  section  588,  they 
are  liable,  either  severally  or  jointly,  to  an  action  by  any  stockholder 
complaining  thereof,  and  on  proof  of  such  refusal  or  failure,  he  may 
recover  judgment  for  actual  damages  sustained  by  him,  with  costs  of 
suit.  Each  of  such  defaulting  directors  is  also  liable  to  removal  for 
such  neglect. 

HYDRAULIC  MINING. 

§  1424.  Where  Hydraulic  Mining  can  be  Carried  on. — The  business 
of  hydraulic  mining  may  be  carried  on  within  the  State  of  California 
wherever  and  whenever  the  same  can  be  carried  on  without  material 
injury  to  the  navigable  streams,  or  the  lands  adjacent  thereto. 

§  1425.  Meaning  of  Hydraulic  Mining. — Hydraulic  mining,  within 
the  meaning  of  this  title,  is  mining  by  means  of  the  application  of 
water,  under  pressure,  through  a  nozzle,  against  a  natural  bank. 

MINING  CLAIMS,  TUNNEL  RIGHTS,  AND  MILL  SITES. 

§  1426.  Lode  Claims,  How  Located. — Any  person,  a  citizen  of  the 
United  States,  or  who  has  declared  his  intention  to  become  such,  who 


568  hillyer's  legal  manual. 

discovers  a  vein  or  lode  of  quartz,  or  other  rock  in  place,  bearing  gold, 
silver,  cinnabar,  lead,  tin,  copper,  or  other  valuable  deposit,  may  locate 
a  claim  upon  such  vein  or  lode,  by  defining  the  boundaries  of  the  claim, 
in  the  manner  hereinafter  described,  and  by  posting  a  notice  of  such 
location,  at  the  point  of  discovery,  which  notice  must  contain: 

First.     The  name  of  the  lode  or  claim. 

Second.     The  name  of  the  locator  or  locators. 

Third.  The  number  of  linear  feet  claimed  in  length  along  the  course 
of  the  vein,  each  way  from  the  point  of  discovery,  with  the  width  on 
each  side  of  the  center  of  the  claim,  and  the  general  course  of  the 
vein  or  lode,  as  near  as  may  be. 

Fourth.     The  date  of  location. 

Fifth.  Such  a  description  of  the  claim  by  reference  to  some  natural 
object,  or  permanent  monument,  as  will  identify  the  claim  located. 

§  1426a.  Boundaries. — The  locator  must  define  the  boundaries  of  his 
claim  so  that  they  may  be  readily  traced,  and  in  no  case  shall  the  claim 
extend  more  than  fifteen  hundred  feet  along  the  course  of  the  vein 
or  lode,  nor  more  than  three  hundred  feet  on  either  side  thereof,  meas- 
ured from  the  center  line  of  the  vein  at  the  surface. 

§  1426b.  Record  of  Location. — Within  thirty  days  after  the  posting 
of  his  notice  of  location  upon  a  lode  mining  claim,  the  locator  shall 
record  a  true  copy  thereof  in  the  office  of  the  county  recorder  of  the 
county  in  which  such  claim  is  situated,  for  which  service  the  county 
recorder  shall  receive  a  f^e  of  one  dollar. 

§  1426c.  Placer  Claim,  Location  of. — The  location  of  a  placer  claim 
shall  be  made  in  the  following  manner:  By  posting  thereon,  upon  a 
tree,  rock  in  place,  stone,  post  or  monument,  a  notice  of  location,  con- 
taining the  name  of  the  claim,  name  of  locator  or  locators,  date  of  loca- 
tion, number  of  feet  or  acreage  claimed,  such  a  description  of  the  claim 
by  reference  to  some  natural  object  or  permanent  monument  as  will 
identify  the  claim  located,  and  by  marking  the  boundaries  so  that  they 
may  be  readily  traced ;  provided,  that  where  the  United  States  survey 
has  been  extended  over  the  land  embraced  in  the  location,  the  claim 
may  be  taken  by  legal  subdivisions  and  no  other  reference  than  those 
of  said  survey  shall  be  required  and  the  boundaries  of  a  claim  so 
located  and  described  need  not  be  staked  or  monumented.  The  de- 
scription by  legal  subdivisions  shall  be  deemed  the  equivalent  of 
marking. 

§  1426d.  Record  of  Location. — Within  thirty  days  after  the  posting 
of  the  notice  of  location  of  a  placer  claim,  the  locator  shall  record  a 
true  copy  thereof  in  the  office  of  the  county  recorder  of  the  county 
in  which  such  claim  is  situated,  for  w^hich  service  the  recorder  shall 
receive  a  fee  of  one  dollar. 

§  1426e.  Tunnel  Right,  Location  of.— The  locator  of  a  tunnel  right 
or  location,  shall  locate  his  tunnel  right  or  location  by  posting  a  notice 
of  location  at  the  face  or  point  of  commencement  of  the  tunnel,  which 
must  contain: 


CALIFORNIA   MINING  LAWS. 


569 


First.     The  name  of  the  locator  or  locators. 

Second.     The  date  of  the  location. 

Third.     The  proposed  course  or  direction  of  the  tunnel. 

Fourth.  A  description  of  the  tunnel,  with  reference  to  some  natural 
object  or  permanent  monument  as  shall  identify  the  claim  or  tunnel 
right. 

§  1426f.  Boundaries. — The  boundary  lines  of  the  tunnel  shall  be 
established  by  stakes  or  monuments  placed  along  the  lines  at  an  in- 
terval of  not  more  than  six  hundred  feet  from  the  face  or  point  of 
commencement  of  the  tunnel  to  the  terminus  of  three  thousand  feet 
therefrom. 

§  1426g.  Record  of  Location. — Within  thirty  days  after  the  posting 
the  notice  of  location  of  the  tunnel  right  or  location,  the  locator  shall 
record  a  true  copy  thereof,  in  the  office  of  the  county  recorder  of  the 
county  in  which  such  claim  is  situated,  for  which  service  the  recorder 
shall  receive  a  fee  of  one  dollar. 

§  1426h.  Amended  Notice. — If  at  any  time  the  locator  of  any  min- 
ing claim  heretofore  or  hereafter  located,  or  his  assigns,  shall  apprehend 
that  his  original  location  notice  was  defective,  erroneous,  or  that  the 
requirements  of  the  law  had  not  been  complied  with  before  filing;  or 
in  case  the  original  notice  was  made  prior  to  the  passage  of'  this  act, 
and  he  shall  be  desirous  of  securing  the  benefit  of  this  act,  such  locator, 
or  his  assigns,  may  file  an  additional  notice,  subject  to  the  provisions 
of  this  act;  provided,  that  such  amended  location  notice  does  not 
interfere  with  the  existing  rights  of  others  at  the  time  of  posting  and 
filing  such  amended  location  notice,  and  no  such  amended  location 
notice  or  the  record  thereof,  shall  preclude  the  claimant,  or  claimants 
from  proving  any  such  title  as  he  or  they  may  have  held  under  previ- 
ous locations. 

§  14261.  Surveyed  Claims. — Where  a  locator,  or  his  assigns,  has  the 
boundaries  and  corners  of  his  claim  established  by  a  United  States 
deputy  mineral  survey,  or  a  licensed  surveyor  of  this  State,  and  his 
claim  connected  with  the  corner  of  the  public  or  minor  surveys  of  an 
established  initial  point,  and  incorporates  into  the  record  of  the  claim, 
the  field-notes  of  such  survey,  and  attaches  to  and  files  with  such  loca- 
tion notice,  a  certificate  of  the  surveyor,  setting  forth :  first,  that  said 
survey  was  actually  made  by  him,  giving  the  date  thereof ;  second,  the 
name  of  the  claim  surveyed  and  the  location  thereof;  third,  that  the 
description  incorporated  in  the  declaratory  statement  is  sufficient  to 
identify ;  such  survey  and  certificate  becomes  a  part  of  the  record, 
and  such  record  is  prima  facie  evidence  of  the  facts  therein  contained. 

§  1426 j.  Mill  Site,  Location  of. — The  proprietor  of  a  vein  or  lode 
claim  or  mine,  or  the  owner  of  a  quartz-mill  or  reduction  works, 
or  any  person  qualified  by  the  laws  of  the  United  States,  may 
locate  not  more  than  five  acres  of  nonmineral  land  as  a  mill  site.  Such 
location  shall  be  made  in  the  same  manner  as  hereinbefore  required 
for  locating  placer  claims. 


570  hillyer's  legal  manual. 

§  1426k.  Record  of  Location. — The  locator  of  a  mill  site  claim  or 
location  shall,  within  thirty  days  from  the  date  of  his  location,  record 
a  true  copy  of  his  location  notice  with  the  county  recorder  of  the 
county  in  which  such  location  is  situated,  for  which  service  the  re- 
corder shall  receive  a  fee  of  one  dollar. 

§  14261.  Yearly  Work  Required. — The  amount  of  work  done  or  im- 
provements made  during  each  year  to  hold  possession  of  a  mining? 
claim  shall  be  that  prescribed  by  the  laws  of  the  United  States,  to  wit : 
One  hundred  dollars  annually. 

§  1426m.  Record  of  Work. — Whenever  mine  owner,  company,  or 
corporation  shall  have  performed  the  labor  and  made  the  improve- 
ments required  by  law  upon  any  mining  claim,  the  person  in  whose 
behalf  such  labor  was  performed  or  improvements  made,  or  some  one 
in  his  behalf,  shall  within  thirty  days  after  the  time  limited  for  per- 
forming such  labor  or  making  such  improvements  make  and  have 
recorded  by  the  county  recorder,  in  books  kept  for  that  purpose,  in 
the  county  in  which  such  mining  claim  is  situated,  an  affidavit  setting 
forth  the  value  of  labor  or  improvements  made,  the  name  of  the  claim, 
and  the  name  of  the  owner  or  claimant  of  said  claim  at  whose  expense 
the  same  was  made  or  performed.  Such  affidavit,  or  a  copy  thereof, 
duly  certified  by  the  county  recorder,  shall  be  prima  facie  evidence  of 
the  performance  of  such  labor  or  the  making  of  such  improvements, 
or  both. 

§  1426n.  Recorder's  Fee. — For  recording  the  affidavit  herein  re- 
quired, the  county  recorder  shall  receive  a  fee  of  fifty  cents. 

§  1426o.  Delinquent  Co-owners,  Notice  to — Payment  by  Delin- 
quents.— Whenever  a  co-owner  or  co-owners  of  a  mining  claim  shall 
give  to  a  delinquent  co-owner  or  co-owners  the  notice  in  writing  or 
notice  by  publication  provided  for  in  section  2324,  Revised  Statutes 
of  the  United  States,  an  affidavit  of  the  person  giving  such  notice, 
stating  the  time,  place,  manner  of  service,  and  by  whom  and  upon 
whom  such  service  w^as  made,  shall  be  attached  to  a  true  copy  of  such 
notice,  and  such  notice  and  affidavit  must  be  recorded  in  the  office  of 
the  county  recorder,  in  books  kept  for  that  purpose,  in  the  county 
in  which  the  claim  is  situated,  within  ninety  days,  after  the  giving 
of  such  notice;  for  the  recording  of  which  said  recorder  shall  receive 
the  same  fees  as  are  now  allowed  by  law  for  recording  deeds;  or  if 
such  notice  is  given  by  publication  in  a  newspaper,  there  shall  be 
attached  to  a  printed  copy  of  such  notice  an  affidavit  of  the  printer 
or  his  foreman,  or  principal  clerk  of  such  paper,  stating  the  date  of 
the  first,  last  and  each  insertion  of  such  notice  therein,  and  where  the 
newspaper  was  published  during  that  time,  and  the  name  of  such  news- 
paper. Such  affidavit  and  notice  shall  be  recorded  as  aforesaid,  wdthin 
one  hundred  and  eighty  days  after  the  first  publication  thereof.  The 
original  of  such  notice  and  affidavit,  or  a  duly  certified  copy  of  the 
record  thereof,  shall  be  prima  facie  evidence  that  the  delinquent  men- 
tioned in  section  2324  has  failed  or  refused  to  contribute  his  proportion 


CALIFORNIA   MINING   LAWS.  571 

of  the  expenditure  required  by  that  section,  and  of  the  service  of  pub- 
lication of  said  notice ;  provided,  the  writing  or  affidavit  hereinafter 
provided  for  is  not  of  record.  If  such  delinquent  shall,  within  the 
ninety  days  required  by  section  2324,  aforesaid,  contribute  to  his  co- 
owner  or  co-owners,  his  proportion  of  such  expenditures,  and  also  all 
costs  of  service  of  the  notice  required  by  this  section,  whether  incurred 
for  publication  charges,  or  otherwise,  such  co-owner  or  co-owners  shall 
sign  and  deliver  to  the  delinquent  or  delinquents  a  writing,  stating 
that  the  delinquent  or  delinquents  by  name  has  within  the  time  re- 
quired by  section  2324  aforesaid,  contributed  his  share  for  the  year 

,  upon  the    ....    mine,   and  further  stating  therein  the   district, 

county  and  State  wherein  the  same  is  situated,  and  the  book  and  page 
where  the  location  notice  is  recorded,  if  said  mine  was  located  under 
the  provisions  of  this  act ;  such  writing  shall  be  recorded  in  the  office 
of  the  county  recorder  of  said  county,  for  which  he  shall  receive  the 
same  fees  as  are  now  allowed  by  law  for  recording  deeds.  If  such  co- 
owner  or  co-owners  shall  fail  to  sign  and  deliver  such  writing  to  the 
delinquent  or  delinquents  within  twenty  days  after  such  contribution, 
the  co-owner  or  co-owners  so  failing  as  aforesaid  shall  be  liable  to  the 
penalty  of  one  hundred  dollars  to  be  recovered  by  any  person  for  the 
use  of  the  delinquent  or  delinquents  in  any  court  of  competent  juris- 
diction. If  such  co-owner  or  co-owners  fail  to  deliver  such  writing 
within  said  twenty  days,  the  delinquent,  with  two  disinterested  persons 
having  personal  knowledge  of  such  contribution,  may  make  affidavit 
setting  forth  in  what  manner,  the  amount  of,  to  whom,  and  upon  what 
mine,  such  contribution  was  made.  Such  affidavit,  or  a  record  thereof, 
in  the  office  of  the  county  recorder,  of  the  county  in  which  such  mine 
is  situated,  shall  be  prima  facie  evidence  of  such  contribution. 

§  1426p.  Records  to  be  Received  in  Evidence. — The  record  of  any 
location  of  a  mining  claim,  mill  site  or  tunnel  right,  in  the  office  of  the 
county  recorder,  as  herein  provided  shall  be  received  in  evidence,  and 
have  the  same  force  and  effect  in  the  courts  of  the  state  as  the  original 
notice. 

§  1426q.  Copies  of  Records  as  Evidence. — Copies  of  the  records  of 
all  instruments  required  to  be  recorded  by  the  provisions  of  this  act, 
duly  certified  by  the  recorder,  in  whose  custody  such  records  are,  may 
be  read  in  evidence,  under  the  same  circumstances  and  rules  as  are 
•  now,  or  may  be  hereafter  provided  by  law,  for  using  copies  of  instru- 
ments relating  to  real  estate,  duly  executed  or  acknowledged  or  proved 
and  recorded. 

§  1426r.  Effect  on  Mining  Districts. — The  provisions  of  this  act 
shall  not  in  any  manner  be  construed  as  affecting  or  abolishing  any 
mining  district  or  the  rules  and  regulations  thereof  within  the  State  of 
California. 

§  1426s.  Neglect  to  Perform  Development  Work. — The  failure  or 
neglect  of  any  locator  of  a  mining  claim  to  perform  development  work 
of  the  character,  in  the  manner  and  within  the  time  required  by  the 


572  hillyer's  legal  manual. 

laws  of  the  United  States,  shall  disqualify  such  locators  from  relocating 
the  ground  embraced  in  the  original  location  or  mining  claim  or  any 
part  thereof  under  the  mining  laws,  within  three  years  after  the  date 
of  his  original  location  and  any  attempted  relocation  thereof  by  any 
of  the  original  locators  shall  render  such  location  void. 

MINING  PARTNERSHIPS. 

§  2511.  When  a  Mining  Partnership  Exists. — A  mining  partnership 
exists  when  two  or  more  persons  who  own  or  acquire  a  mining  claim 
for  the  purpose  of  working  it  and  extracting  the  mineral  therefrom 
actually  engage  in  working  the  same. 

§  2512.  Express  Agreement  not  Necessary  to  Constitute. — An  ex- 
press agreement  to  become  partners  or  to  share  the  profits  and  losses 
of  mining  is  not  necessary  to  the  formation  or  existence  of  a  mining 
partnership.  The  relation  arises  from  the  ownership  of  shares  or 
interests  in  the  mine  and  working  the  same  for  the  purpose  of  extract- 
ing the  minerals  therefrom. 

§  2513.  Profits  and  Losses,  How  Shared. — A  member  of  a  mining 
partnership  shares  in  the  profits  and  losses  thereof  in  the  proportion 
which  the  interest  or  share  he  owns  in  the  mine  bears  to  the  whole 
partnership  capital  or  whole  number  of  shares. 

§  2514.  Lien  of  Partners. — Each  member  of  a  mining  partnership 
has  a  lien  on  the  partnership  property  for  the  debts  due  the  creditors 
thereof,  and  for  money  advanced  by  him  for  its  use.  This  lien  exists 
notwithstanding  there  is  an  agreement  among  the  partners  that  it  must 
not. 

§  2515.  Mine — Partnership  Property. — The,  mining  ground  owned 
and  worked  by  partners  in  mining,  whether  purchased  with  partner- 
ship funds  or  not,  is  partnership  property. 

§  2516.  Partnership  not  Dissolved  by  Sale  of  Interest. — One  of  the 
partners  in  a  mining  partnership  may  convey  his  interest  in  the  mine 
and  business  without  dissolving  the  partnership.  The  purchaser,  from 
the  date  of  his  purchase,  becomes  a  member  of  the  partnership. 

§  2517.  Purchaser  Takes,  Subject  to  Liens,  Unless,  etc. — A  pur- 
chaser of  an  interest  in  the  mining  ground  of  a  mining  partnership 
takes  it  subject  to  the  liens  existing  in  favor  of  the  partners  for  debts 
due  all  creditors  thereof,  or  advances  made  for  the  benefit  of  the  part- 
nership, unless  he  purchased  in  good  faith,  for  a  valuable  consideration, 
without  notice  of  such  lien. 

§  2518.  Takes  With  Notice  of  Lien,  When. — A  purchaser  of  the 
interest  of  a  partner  in  a  mine  when  the  partnership  is  engaged  in 
working  it,  takes  with  notice  of  all  liens  resulting  from  the  relation  of 
the  partners  to  each  other  and  to  the  creditors  of  the  partnership. 

§  2519.  Contract  in  Writing,  When  Binding. — No  member  of  a 
mining  partnership  or  other  agent  or  manager  thereof  can,  by  a  con- 
tract in  writing,  bind  the  partnership,  except  by  express  authority  de- 
rived from  the  members  thereof. 


CALIFORNIA   MINING  LAWS.  573 

§  2520.  Owners  of  Majority  of  Shares  Govern. — The  decision  of 
the  members  owning  a  majority  of  the  shares  or  interests  in  a  mining 
partnership  binds  it  in  the  conduct  of  its  business. 

MINERAL  LANDS  IN  SCHOOL  SECTIONS. 

(Stats.  1897,  p.  438.) 

§  2.  Character  of  Land  Referred  to  Court. — When  it  shall  be  shown 
by  affidavits  or  otherwise,  to  the  satisfaction  of  the  surveyor  general, 
that  any  portion  of  a  sixteenth  or  thirty-sixth  section  belonging  to  the 
State  is  valuable  for  its  mineral  deposits,  the  surveyor  general  shall 
not  approve  any  application  to  purchase  the  same,  nor  shall  the  regis- 
ter of  the  State  land  office  issue  a  certificate  of  purchase  therefor,  until 
the  question  of  the  character  of  the  land  has  been  referred  for  deter- 
mination to  a  court  of  competent  jurisdiction,  in  the  manner  provided 
by  section  3414  of  the  Political  Code,  and  adjudged  not  to  be  valuable 
as  mining  land. 

§3.     Sixteenth  and  Thirty-sixth  Sections  Open  to  Exploration. — The 

sixteenth  and  thirty-sixth  sections  belonging  to  the  State,  in  which 
there  may  be  found  valuable  mineral  deposits  are  hereby  declared  to 
be  free  and  open  to  exploration,  occupation,  and  purchase  of  the  United 
States,  under  the  laws,  rules,  and  regulations  passed  and  prescribed  by 
the  United  States  for  the  sale  of  mineral  lands. 

§  4.     Effect. — This  act  shall  take  effect  from  and  after  its  passage. 

COVERING  OR  FENCING  OF  ABANDONED  MINES. 

(Approved  March  20,  1903.     Stats.  1903,  p.  283.) 

§  1.  Abandoned  Mines. — All  abandoned  mining  shafts,  pits  or 
other  abandoned  excavations  dangerous  to  passers-by  or  livestock  shall 
be  securely  covered  or  fenced,  and  kept  so,  by  the  owners  of  the  land 
or  persons  in  charge  of  the  same,  on  which  such  shafts,  pits  or  other 
excavations  are  located.  Any  person  or  persons  failing  to  comply  with 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor. 

§  2.  Mines  on  Unoccupied  Public  Lands. — All  abandoned  mining 
shafts,  pits  or  other  excavations  situated  on  unoccupied  public  lands 
may  be  securely  covered  or  fenced  by  order  of  the  board  of  supervisors 
of  the  county  wherein  the  same  is  situated,  and  it  shall  be  the  duty 
of  the  board  of  supervisors  to  keep  the  same  securely  fenced  or  cov- 
ered whenever  it  appears  to  them,  by  proof  submitted,  that  the  same  is 
dangerous  or  unsafe  to  man  or  beast.  The  cost  of  said  covering  or 
fencing  to  be  a  county  charge. 

§  3.  Penalties. — Any  person  or  persons  maliciously  removing  or 
destroying  any  covering  or  fencing  placed  around  or  over  any  shaft, 
pit  or  other  excavation,  as  hereinbefore  provided,  shall  be  deemed 
guilty  of  a  misdemeanor, 

§  4.     This  act  shall  take  effect  six  months  from  the  day  of  passage. 


574  hillyer's  legal  manual. 

PROTECTION  OF  MINERS. 

(Approved  March  16,  1872.     Stats.  1871-72,  p.  413.) 

§  1.  Protection  to  Miners. — It  shall  not  be  lawful  for  any  corpora- 
tion, association,  owner,  or  owners  of  any  quartz  mining  claims  within 
the  State  of  California,  where  such  corporation,  association,  owner  or 
owners  employ  twelve  men  daily,  to  sink  down  into  such  mine  or  mines 
any  perpendicular  shaft  or  incline  beyond  a  depth  from  the  surface  of 
three  hundred  feet  without  providing  a  second  mode  of  egress  from 
such  mine,  by  shaft  or  tunnel,  to  connect  with  the  main  shaft  at  a 
depth  of  not  less  than  one  hundred  feet  from  the  surface. 

§  2.  Modes  of  Escape. — It  shall  be  the  duty  of  each  corporation, 
association,  owner,  or  owners  of  any  quartz  mine  or  mines  in  this  state, 
where  it  becomes  necessary  to  work  such  mines  beyond  the  depth  of 
three  hundred  feet,  and  where  the  number  of  men  employed  therein 
daily  shall  be  twelve  or  more,  to  proceed  to  sink  another  shaft  or  con- 
struct a  tunnel  so  as  to  connect  with  the  main  working  shaft  of  such 
mine  as  a  mode  of  escape  from  underground  accident,  or  otherwise. 
And  all  corporations,  associations,  owner,  or  owners  of  mines  as  afore- 
said, working  at  a  greater  depth  than  three  hundred  feet,  not  having 
any  other  mode  of  egress  than  from  the  main  shaft,  shall  proceed  as 
herein  provided. 

§  3.  Liabilities. — When  any  corporation,  association,  owner,  or 
owners  of  any  quartz  mine  in  this  state  shall  fail  to  provide  for  the 
proper  egress  as  herein  contemplated,  and  therein  shall  be  hurt  or 
injured,  and  from  such  injury  might  have  escaped  if  the  second  mode 
of  egress  had  existed,  such  corporation,  association,  owner  or  owners 
of  the  mine  where  the  injuries  shall  have  occurred  shall  be  liable  to 
the  person  injured  in  all  damages  that  may  accrue  by  reason  thereof; 
and  an  action  at  law  in  a  court  of  competent  jurisdiction  may  be  main- 
tained against  the  owner  or  owners  of  such  mine,  which  owners  shall 
be  jointly  or  severally  liable  for  such  damages.  And  where  death  shall 
ensue  from  injuries  received  from  any  negligence  on  the  part  of  the 
owners  thereof,  by  reason  of  their  failure  to  comply  with  any  of  the 
provisions  of  this  act,  the  heirs  or  relatives  surviving  the  deceased  may 
commence  an  action  for  the  recovery  of  such  damages  as  provided  by 
an  act  entitled  an  act  requiring  compensation  for  causing  death  by 
wrongful  act,  neglect,  or  default,  approved  April  26,  1862. 

§  4.  Effect. — This  act  shall  take  effect  and  be  in  force  six  months 
from  and  after  its  passage. 

PROTECTION  OF  COAL  MINES  AND  COAL  MINERS. 

(Approved  March  27,  1874.     Stats.  1873-74,  p.  726.) 

§  1.  Map. — The  owner  or  agent  of  every  coal  mine  shall  make  or 
cause  to  be  made  an  accurate  map  or  plan  of  the  workings  of  such  coal 
mine,  on  a  scale  of  one  hundred  feet  to  the  inch. 


CALIFORNIA   MINING  LAWS.  575 

§  2.  Copies. — A  true  copy  of  which  map  or  plan  shall  be  kept  at 
the  office  of  the  owner  or  owners  of  the  mine,  open  to  the  inspection  of 
all  persons,  and  one  copy  of  such  map  or  plan  shall  be  kept  at  the 
mines  by  the  agent  or  other  person  having  charge  of  the  mines,  open 
to  the  inspection  of  the  workmen. 

§  3.  Shafts  or  Outlets. — The  owner  or  agent  of  every  coal  mine 
shall  provide  at  least  two  shafts,  or  slopes,  or  outlets,  separated  by 
natural  strata  of  not  less  than  one  hundred  and  fifty  feet  in  breadth, 
by  which  shafts,  slopes,  or  outlets  distinct  means  of  ingress  and  egress 
are  always  available  to  the  persons  employed  in  the  coal  mine ;  pro- 
vided, that  if  a  new  tunnel,  slope,  or  shaft  will  be  required  for  the  addi- 
tional opening,  work  upon  the  same  shall  commence  immediately  after 
the  passage  of  this  act,  and  continue  until  its  final  completion,  with 
reasonable  dispatch. 

§  4.  Ventilation. — The  owner  or  agent  of  every  coal  mine  shall 
provide  and  establish  for  every  such  mine  an  adequate  amount  of 
ventilation,  of  not  less  than  fifty-five  cubic  feet  per  second  of  pure  air, 
or  thirty-three  hundred  feet  per  minute,  for  every  fifty  men  working 
in  such  mine,  and  as  much  more  as  circumstances  may  require,  which 
shall  be  circulated  through  to  the  face  of  each  and  every  working 
place  throughout  the  entire  mine,  to  dilute  and  render  harmless  and 
expel  therefrom  the  noxious,  poisonous  gases,  to  such  an  extent  that 
the  entire  mine  shall  be  in  a  fit  state  for  men  to  work  therein,  and  be 
free  from  danger  to  the  health  and  lives  of  the  men  by  reason  of  said 
noxious  and  poisonous  gases,  and  all  workings  shall  be  kept  clear  of 
standing  gas. 

§  5.  Inside  Overseer — Duties. — To  secure  the  ventilation  of  every 
coal  mine,  and  provided  for  the  health  and  safety  of  the  men  employed 
therein,  otherwise  and  in  every  respect,  the  owner,  or  agent,  as  the  case 
may  be,  in  charge  of  every  coal  mine,  shall  employ  a  competent  and 
practical  inside  overseer,  who  shall  keep  a  careful  watch  over  the 
ventilating  apparatus,  over  the  air-ways,  the  traveling-ways,  the  pumps 
and  sumps,  the  timbering,  to  see  as  the  miners  advance  in  their  excava- 
tions that  all  loose  coal,  slate  or  rock  overhead  is  carefully  secured 
against  falling;  over  the  arrangements  for  signaling  from  the  bottom 
to  the  top,  and  from  the  top  to  the  bottom  of  the  shaft  or  slope,  and 
all  things  connected  with  and  appertaining  to  the  safey  of  the  men  at 
work  in  the  mine.  He,  or  his  assistants,  shall  examine  carefully  the 
workings  of  all  mines  generating  explosive  gases,  every  morning  before 
the  miners  enter,  and  shall  ascertain  that  the  mine  is  free  from  danger, 
and  the  workmen  shall  not  enter  the  mine  until  such  examination  has 
been  made  and  reported,  and  the  cause  of  danger,  if  any,  be  removed. 

§  6.  Hoisting  Machinery. — The  overseer  shall  see  that  hoisting 
machinery  is  kept  constantly  in  repair  and  ready  for  use,  to  hoist  the 
workmen  in  or  out  of  the  mine. 

§  7.  Owner. — The  word  ''owner"  in  this  act  shall  apply  to  lessee  as 
welL 


576 

§  8.  Right  of  Action. — For  any  injury  to  person  or  property  occa- 
sioned by  any  violation  of  this  act,  or  any  willful  failure  to  comply 
with  its  provisions,  a  right  of  action  shall  accrue  to  the  party  injured 
for  any  direct  damages  he  or  she  may  have  sustained  thereby,  before 
any  court  of  competent  jurisdiction. 

§  9.  Liability. — For  any  willful  failure  or  negligence  on  the  part 
of  the  overseer  of  any  coal  mine,  he  shall  be  liable  to  conviction  of 
misdemeanor,  and  punished  according  to  law;  provided,  that  if  such 
willful  failure  or  negligence  is  the  cause  of  the  death  of  any  person, 
the  overseer,  upon  conviction,  shall  be  deemed  guilty  of  manslaughter. 

§  10.  Boilers. — All  boilers  used  for  generating  steam  in  and  about 
coal  mines  shall  be  kept  in  good  order,  and  the  owner  or  agent  thereof 
shall  have  them  examined  and  inspected,  by  a  competent  boiler-maker, 
as  often  as  once  in  three  months. 

§  11.     This  act  shall  not  apply  to  opening  a  new  coal  mine. 

§  12.     This  act  shall  take  effect  immediately. 

SYSTEM  OF  MINE  BELL  SIGNALS. 

(Approved  March  8,  1893.  Stats.  1893,  p.  82.) 
§  1.  Code  of  Mine  Bell  Signals. — Every  person,  company,  corpora- 
tion, or  individual  operating  any  mine  within  the  State  of  California — 
gold,  silver,  copper,  lead,  coal,  or  any  other  metal  or  substance  where 
it  is  necessary  to  use  signals  by  means  of  bell  or  otherwise  for  shafts, 
inclines,  drifts,  crosscuts,  tunnels,  and  underground  workings — shall, 
after  the  passage  of  this  bill,  adopt,  use,  and  put  in  force  the  following 
system  or  code  of  mine  bell  signals,  as  follows : 
1  bell,  to  hoist.     (See  rule  2.) 

1  bell,  to  stop  if  in  motion. 

2  bells  to  lower.     (See  rule  2.) 

3  bells,  man  to  be  hoisted;  run  slow.     (See  rule  2.) 

4  bells,  start  pump,  if  not  running,  or  stop  pump  if  running. 
1 — ^^3  bells,  start  or  stop  air  compressor. 

5  bells,  send  down  tools.     (See  rule  4.) 

6  bells,  send  down  timbers.     (See  rule  4.) 

7  bells,  accident ;  move  bucket  or  cage  by  verbal  orders  only. 
1 — 4  bells,  foreman  wanted. 

2 — 1 — 1  bells,  done  hoisting  until  called. 

2 — 1 — 2  bells,  done  hoisting  for  the  day. 

2 — 2 — 2  bells,  change  buckets  from  ore  to  water,  or  vice  versa. 

3 — 2 — 1  bells,  ready  to  shoot  in  the  shaft.     (See  rule  3.) 

Engineer's  signal,  that  he  is  ready  to  hoist,  is  to  raise  the  bucket  or 
cage  two  feet  and  lower  it  again.     (See  rule  3.) 

Levels  shall  be  designated  and  inserted  in  notice  hereinafter  men- 
tioned.    (See  rule  5.) 

§  2.  Rules. — For  the  purpose  of  enforcing  and  properly  under- 
standing the  above  code  of  signals,  the  following  rules  are  hereby  es- 
tablished : 


CALIFORNIA   MINING  LAWS.  577 

Rule  1.  In  giving  signals  make  strokes  on  bell  at  regular  intervals. 
The  bar  ( — )  must  take  the  same  time  as  for  one  stroke  of  the  bell, 
and  no  more.  If  timber,  tools,  the  foreman,  bucket,  or  cage,  are 
wanted  to  stop  at  any  level  in  the  mine,  signal  by  number  of  strokes 
on  the  bell,  the  number  of  the  level  first  before  giving  the  signal  for 

timber,  tools,  etc.     Time  between  signals  to  be  double  bars  ( ). 

Examples : 

6  —  —  5,  would  mean  stop  at  sixth  level  with  tools. 

4 1 — 1 — 1 1,  would  mean  stop  at  fourth  level,  man  on, 

hoist. 

2 — •  — 1 — 4,  would  mean  stop  at  second  level  with  foreman. 

Rule  2.  No  person  must  get  off  or  on  the  bucket  or  cage  while  the 
same  is  in  motion.  When  men  are  to  be  hoisted,  give  the  signal  for 
men.  Men  must  then  get  on  bucket  or  cage,  then  give  the  signal  to 
hoist.  Bell-cord  must  be  in  reach  of  man  on  the  bucket  or  cage  at 
stations. 

Rule  3.  After  signal  "Ready  to  shoot  in  shaft,"  engineer  must  give 
his  signal  when  he  is  ready  to  hoist.  Miners  must  then  give  the  signal 
of  "Men  to  be  hoisted,"  then  "spit  fuse,"  get  into  the  bucket,  and  give 
the  signal  to  hoist. 

Rule  4.  All  timbers,  tools,  etc.,  "longer  than  the  depth  of  the 
bucket,"  to  be  hoisted  or  lowered,  must  be  securely  lashed  at  the  upper 
end  to  the  cable.  Miners  must  know  they  will  ride  up  or  down  the  shaft 
without  catching  on  rocks  or  timbers,  and  be  thrown  out. 

Rule  5.  The  foreman  will  see  that  one  printed  sheet  of  these  signals 
and  rules  for  each  level  and  one  for  the  engine-room  are  attached  to  a 
board  not  less  than  twelve  inches  wide  by  thirty-six  inches  long,  and 
securely  fasten  the  board  up  where  signals  can  be  easily  read  at  the 
places  above  stated. 

Rule  6.  The  above  signals  and  rules  must  be  obeyed.  Any  violation 
will  be  sufficient  grounds  for  discharging  the  party  or  parties  so  doing. 
No  person,  company,  corporation,  or  individuals  operating  any  mine 
within  the  State  of  California  shall  be  responsible  for  accidents  that 
may  happen  to  men  disobeying  the  above  rules  and  signals.  Said  notice 
and  rules  shall  be  signed  by  the  person  or  superintendent  having  charge 
of  the  mine,  who  shall  designate  the  name  of  the  corporation  or  the 
i^wner  of  the  mine. 

§  3.  Penalty. — Any  person  or  company  failing  to  carry  out  any  of 
the  provisions  of  this  act  shall  be  responsible  for  all  damages  arising  to 
or  incurred  by  any  person  working  in  said  mine  during  the  time  of  such 
failure. 

§  4.     This  act  shall  take  effect  immediately. 
37 


578  hillyer's  legal  manual. 

EXTRACTION  OF  MINERALS  FROM  WATERS  OF  STREAM  OR 

LAKE. 

(Approved  April  14,  1911.  Stats.  1911,  p.  904.) 
§  1.  Extracting  Minerals  from  Waters. — Minerals  contained  in  the 
waters  of  any  stream  or  lake  in  this  State  shall  not  be  extracted  from 
said  waters  except  upon  charges,  terms  and  conditions  prescribed  by  law. 
No  person,  firm,  corporation  or  association  shall  hereafter  gain  the  right 
to  extract  or  cause  to  be  extracted  said  minerals  from  said  waters  by 
user,  custom,  prescription,  appropriation,  littoral  rights,  riparian  rights, 
or  in  any  manner  other  than  by  lease  from  or  express  permission  of  the 
State  as  prescribed  by  law;  and  no  such  lease  or  permission  shall  be 
granted  for  a  longer  period  than  twenty-five  years. 

§  2.     All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 
§  3.     This  act  shall  take  effect  immediately. 

LEASES  OF  LAKES  AND  STREAMS,  THE  WATERS  OF  WHICH 
CONTAIN  MINERALS  IN  COMMERCIAL  QUANTITIES. 

(Approved  April  27,  1911      Stats.  1911,  p.  1154.) 

§  1.  Waters  Containing  Minerals  Withdrawn  from  Sale. — There  is 
hereby  withdrawn  from  selection  and  sale  all  of  the  lands  embraced 
within  the  original  meander  lines  of  streams  and  lakes  belonging  to  the 
State,  the  waters  of  which  contain  minerals  in  commercial  quantities, 
and  all  such  lands  which  may  hereafter  inure  to  the  State  by  virtue  of  its 
sovereignty,  excepting  such  lands  now  contracted  to  be  sold  under  sec- 
tions 3493m  to  3493t,  both  inclusive,  of  the  Political  Code. 

§  2.  Water  may  be  Taken  Only  Under  This  Act. — No  person,  firm 
or  corporation  shall  take  w^ater  from  such  streams  or  lakes  containing 
minerals  and  extract  from  such  waters  such  minerals,  except  under  the 
terms  and  conditions  of  this  act;  and  no  person,  firm  or  corporation  may 
lease  any  land  herein  referred  to  and  extract  therefrom  minerals  de- 
posited therein  or  thereon,  except  under  the  terms  and  conditions  of  this 
act. 

§  3.  Statement  to  be  Filed  With  County  Assessor  and  State  Con- 
troller.— Every  person,  firm  or  corporation  taking  from  the  waters  of 
such  stream,  lakes  or  lands  any  minerals,  shall  file,  on  or  before  the  last 
Monday  in  January  of  each  year,  with  the  county  assessor  of  the  county 
in  which  any  such  stream  or  lake  is  situated,  and  also  with  the  State 
controller,  a  written  statement,  duly  verified,  showing  in  tons  of  two 
thousand  pounds,  the  amount  of  mineral  taken  by  such  person,  firm  or 
corporation  from  such  water  or  land  during  the  year  ending  December 
31st  last  preceding  and  sold  by  said  person,  firm  or  corporation  during 
the  said  year  preceding.  Any  such  person,  firm  or  corporation  neglect- 
ing or  refusing  to  furnish  such  statement  shall  be  subject  to  a  fine  of 
one  hundred  dollars  for  each  day  after  the  said  last  Monday  in  January 
such  person,  firm  or  corporation  shall  fail  to  furnish  such  statement, 
and,  in  addition  to  said  fine,  shall  forfeit  all  leases  granting  the  right  to 


CALIFORNIA   MINING  LAWS.  579 

extract  such  minerals  from  said  water  and  said  land.  Any  person  who 
shall,  either  on  behalf  of  himself  or  any  firm  or  corporation,  verify  any 
such  statement  which  shall  be  untrue  in  any  material  part,  shall  be 
deemed  guilty  of  a  misdemeanor. 

§  4.  Examination  of  Statement. — In  case  either  the  assessor  or  the 
State  controller  shall  not  be  satisfied  with  the  statement  as  returned, 
he  may  make  an  examination  of  the  matters  necessary  to  verify  or  cor- 
rect said  statement,  and,  for  that  purpose,  may  subpoena  witnesses  and 
call  for  and  compel  the  production  of  necessary  books  and  papers 
belonging  to  the  person,  firm  or  corporation  making  the  returns. 

§  5.  Royalty. — The  county  assessor  of  the  county  shall,  after  exam- 
ination and  approval  by  him  and  the  State  controller  of  such  statement, 
proceed  to  collect  from  such  person,  firm  or  corporation  a  royalty  of 
twenty-five  cents  for  each  ton  of  two  thousand  pounds  of  mineral  taken 
from  such  water  or  land  by  such  person,  firm  or  corporation  and  sold 
during  the  preceding  year,  in  the  manner  provided  for  the  collection  of 
personal  property  taxes;  provided,  that  the  royalty  on  sodium  bicar- 
bonate and  on  sodium  hydrate  so  taken  shall  be  fifty  (50)  cents  for  each 
ton  of  two  thousand  pounds. 

§  6.  Application  to  Lease  Lands. — Any  person,  firm  or  corporation 
desiring  to  lease  any  lands  under  this  act  must  make  application  there- 
for to  the  surveyor  general  of  the  State,  describing  the  lands  sought  to 
be  leased  by  legal  subdivisions,  or,  if  the  legal  subdivisions  are  unknown 
to  the  applicant,  by  metes  and  bounds.  The  application  must  be  accom- 
panied by  a  filing  fee  of  ten  dollars. 

§  7.  Survey  of  Lands. — Upon  the  receipt  of  such  application,  the 
surveyor  general  shall  direct  the  county  surveyor  of  the  county  in  which 
such  lands  are  situated  to  survey  the  land  sought  to  be  leased.  The 
county  surveyor  shall  make  an  actual  survey  of  the  land,  at  the  expense 
of  the  applicant,  establishing  the  four  corners  to  each  quarter  section, 
and  connecting  the  same  with  a  United  States  survey ;  and  within  thirty 
days  file  with  the  surveyor  general  a  copy,  under  oath,  of  his  field-notes 
and  plat.  If  the  county  surveyor  fails  to  make  the  survey  as  herein 
provided,  the  surveyor  general  shall  immediately  direct  another  person 
to  make  the  survey  at  the  expense  of  the  applicant,  and  said  survey  shall 
be  made  and  completed  within  thirty  days  after  the  authorization,  and 
the  field-notes  and  plats,  or  copies  thereof,  shall  be  sw^orn  to  by  the  sur- 
veyor making  them  and  shall  be  filed  with  the  surveyor  general. 

§  8.  Approval  or  Rejection  of  Application.— All  applications  to  lease 
land  under  this  act  shall  be  approved  or  rejected  by  the  surveyor  gen- 
eral wdthin  ninety  days  after  the  receipt  thereof.  Immediately  after 
the  approval  of  the  application,  the  surveyor  general  shall  execute  and 
deliver  to  the  applicant  a  lease  of  the  lands  described  in  the  applica- 
tion. 

§  9.  Rental.— The  lands  designated  in  this  act  shall  be  leased  at  the 
rate  of  two  dollars  and  fifty  cents  per  acre,  per  year,  payable  yearly 


580 

in  advance.  All  moneys  received  as  rental  for  such  lands  and  as  roy- 
alty upon  the  mineral  product  of  the  waters  of  the  lakes,  streams  or 
lands  above  mentioned,  shall  be  paid  into  the  State  school  land  fund. 

§  10.  First  Pajonent — Limit  of  Lease. — Whenever  any  lease  is  de- 
livered to  the  applicant  by  the  surveyor  general,  the  lessee  shall,  within 
fifteen  days  thereafter,  present  said  lease  to  the  treasurer  of  the  State 
of  California,  and  make  payment  of  the  first  annual  rental.  The  treas- 
urer shall  receive  the  money  and  give  a  receipt  therefor.  All  subse- 
quent annual  pa^^ments  of  rental  must  be  paid  to  the  state  treasurer,  in 
like  manner,  within  fifteen  days  after  they  become  due.  In  case  pay- 
ments are  not  made  as  herein  provided,  the  lease  and  all  rights 
thereunder  shall  cease  and  terminate.  No  lease  shall  run  for  more 
than  twenty-five  years ;  provided,  that  upon  the  expiration  of  any  lease, 
such  lease  may  be  extended  for  a  period  of  twenty-five  j^ears  upon  such 
terms  and  conditions  as  may  then  be  prescribed  by  law. 

§  11.  Reservations  to  State. — All  leases  made  under  the  authority 
of  this  act  shall  contain  a  reservation  to  the  State  of  a  right  to  locate 
rights  of  way  across  such  leased  lands,  subject  only  to  the  requirements 
that  the  rights  of  way  shall  be  located  in  such  manner  as  to  cause  the 
least  injury  to  the  leased  lands  across  which  the  same  may  be  located, 
and  that  any  damage  suffered  by  the  lessee  of  such  lands  shall  be  com- 
pensated by  the  lessee  of  the  lands  for  whose  benefit  the  right  of  way 
is  required;  and  every  such  lease  shall  be  subject  to,  and  shall  contain 
a  reservation  of,  the  right  of  any  city  and  county  or  incorporated  city 
or  town  of  this  State  to  at  any  time  appropriate  and  take,  under  the 
laws  of  this  State  relative  to  the  appropriation  of  waters,  water  from 
any  stream  or  lake  tributary  to  or  discharging  into  any  stream  or  lake 
of  the  character  mentioned  in  section  1  of  this  act  for  any  use  or  uses 
within  the  authorized  powers  of  such  city  and  county,  or  incorporated 
city  or  town. 

§  12.  Lease  to  Rights  of  Way. — Leases  of  rights  of  way,  not  exceed- 
ing one  hundred  feet  in  w4dth,  for  access  to  any  waters  or  lands  desig- 
nated by  this  act,  may  be  applied  for  and  granted  in  the  manner  herein 
provided  for  leasing  lands.  Such  rights  of  way  shall  be  leased  at  an 
annual  rental  of  two  dollars  and  fifty  cents  an  acre,  and  the  same  shall 
be  paid  as  herein  provided  for  leased  lands. 

§  13.  Termination  of  Lease. — All  leases  of  mineral  lands  provided 
for  by  this  act  shall  cease  and  terminate  on  December  31st  of  any  year 
if  the  lessee  or  assigns  has  not,  during  the  year  preceding,  extracted 
or  removed  from  such  land  and  water  an  amount  of  mineral  equal, 
in  the  aggregate,  to  a  minimum  of  five  tons  per  acre  of  land  leased ; 
provided,  that  when  a  lease  is  not  delivered  to  the  lessee  until  after  the 
fifteenth  day  of  January  of  any  year,  the  minimum  tonnage  for  such 
year  shall  be  less  than  five  (5)  tons,  and  shall  be  proportional  to  the 
number  of  days  remaining  in  such  year  after  the  completion  of  the 
works. 


CALIFORNIA   MINING  LAWS.  581 

MINER'S  LIEN. 

Any  person  who  performs  labor  in  any  mining  claim  or  claims,  or 
in  or  upon  any  real  property  worked  as  a  mine,  either  in  the  develop- 
ment thereof  or  in  working  thereon  by  the  siibtractive  process  or  fur- 
nishes materials  to  be  used  or  consumed  therein,  has  a  lien  upon  the 
same  and  the  works  owned  and  used  by  the  owners  for  milling  or 
reducing  the  ores  from  the  same,  for  the  value  of  the  work  or  labor 
done  or  materials  furnished  by  each  respectively,  whether  done  or  fur- 
nished at  the  instance  of  the  owner  of  such  mining  claim  or  claims 
or  real  property  worked  as  a  mine,  or  his  agent,  and  every  contractor, 
subcontractor,  superintendent  or  other  person  having  charge  of  any 
mining  or  work  or  labor  performed  in  and  about  such  mining  claim 
or  claims  or  real  property  worked  as  a  mine,  either  as  lessee  or  under 
a  working  bond  or  contract  thereon  shall  be  held  to  be  the  agent  of 
the  owner  for  the  purposes  of  this  chapter.  [Part  of  Code  Civ.  Proc. 
1183,  as  amended  1911.] 

EIGHT  HOUR  LAW. 

§  1.  Period  of  Employment. — That  the  period  of  employment  for 
all  persons  who  are  employed  or  engaged  in  work  in  underground 
mines  in  search  of  minerals,  whether  base  or  precious,  or  who  are  en- 
gaged in  such  underground  mines  for  other  purposes,  or  who  are  em- 
ployed or  engaged  in  any  other  underground  workings,  whether  for 
the  purpose  of  tunneling,  making  excavations  or  to  accomplish  any 
other  purpose  or  design,  or  who  are  employed  in  smelters  and  other 
institutions  for  the  reduction  or  refining  of  ores  or  metals  shall  not 
exceed  eight  hours  within  any  twenty-four  hours,  and  the  hours  of 
employment  in  such  employment  or  work  day  shall  be  consecutive, 
excluding,  however,  any  intermission  of  time  for  lunch  or  meals;  pro- 
vided, that,  in  case  of  emergency  where  life  or  property  is  in  imminent 
danger,  the  period  may  be  a  longer  time  during  the  continuance  of 
the  exigency  or  emergency. 

§  2.  Penalty. — Any  person  who  shall  violate  any  provision  of  this 
act,  and  any  person  who  as  foreman,  manager,  director  or  officer  of  a 
corporation,  or  as  the  employer  or  superior  officer  of  any  person,  shall 
command,  persuade  or  allow  any  person  to  violate  any  provision  of 
this  act,  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be 
punished  by  a  fine  of  not  less  than  fifty  dollars  ($50)  nor  more  than 
three  hundred  dollars  ($300),  or  by  imprisonment  of  not  more  than 
three  months.  And  the  court  shall  have  discretion  to  impose  both  fine 
and  imprisonment  as  herein  provided. 

§  3.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed. 

TELEPHONE  SYSTEM  IN  MINES. 
(Approved  June  13,  1913.     In  effect  August  10,  1913.) 

§  1.  Telephone  System. — In  all  mines  operated  and  worked  in  this 
State  where  a  depth  of  more  than  five  hundred  feet  underground  has 


582  hillyer's  legal  manual. 

been  reached,  a  telephone  system  must  be  established,  equipped  and 
maintained  by  the  owners  or  lessees  thereof  with  stations  at  each 
working  level  below  the  depth  aforesaid,  communicating  with  a  sta- 
tion thereof  on  the  surface  of  any  such  mine. 

§  2.  Penalty. — The  failure  or  refusal  of  any  owner  or  lessee  to 
install  or  maintain  such  telephone  system  shall  be  deemed  guilty  of 
misdemeanor  and  punished  accordingly. 


DEBRIS  LAW. 

ACT  TO  CREATE  THE  CALIFORNIA  DEBRIS  COMMISSION  AND 
REGULATE  HYDRAULIC  MINING  IN  THE  STATE  OF  CALI- 
FORNIA. 

California  Debris  Commission  Created — Appointment — Authority 
and  Power. — Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That  a  commis- 
sion is  hereby  created,  to  be  known  as  the  California  Debris  Commission, 
consisting  of  three  members.  The  President  of  the  United  States  shall, 
by  and  with  the  advice  and  consent  of  the  Senate,  appoint  the  com- 
mission from  officers  of  the  Corps  of  Engineers,  United  States  Army. 
Vacancies  occurring  therein  shall  be  filled  in  like  manner.  It  shall 
have  the  authority,  and  exercise  the  powers  hereinafter  set  forth, 
under  the  supervision  of  the  Chief  of  Engineers  and  direction  of  the 
Secretary  of  War. 

§  2.  Organization— Compensation — Rules,  etc.,  of  Procedure. — That 
said  commission  shall  organize  within  thirty  days  after  its  appoint- 
ment by  the  selection  of  such  officers  as  may  be  required  in  the 
performance  of  its  duties,  the  same  to  be  selected  from  the  mem- 
bers thereof.  The  members  of  said  commission  shall  receive  no  greater 
compensation  than  is  now  allowed  by  law  to  each,  respectively,  as  an 
officer  of  said  Corps  of  Engineers.  It  shall  also  adopt  rules  and  regu- 
lations, not  inconsistent  with  law,  to  govern  its  deliberations  and  pre- 
scribe the  method  of  procedure  under  the  provisions  of  this  act. 

§  3.  Jurisdiction — Injurious  Hydraulic  Mining  Prohibited. — That 
the  jurisdiction  of  said  commission,  in  so  far  as  the  same  affects  min- 
ing carried  on  by  the  hydraulic  process  shall  extend  to  all  such  mining 
in  the  territory  drained  by  the  Sacramento  and  San  Joaquin  river 
systems  in  the  State  of  California.  Hydraulic  mining,  as  defined  in 
section  8  hereof,  directly  or  indirectly  injuring  the  navigability  of  said 
river  systems,  carried  on  in  said  territory  other  than  as  permitted  under 
the  provisions  of  this  act  is  hereby  prohibited  and  declared  unlawful. 

§  4.  Duty  of  Commission — Plans — Improving  Navigability  of  Riv- 
ers, etc. — Certain  Hydraulic  Mining  Permitted. — That  it  shall  be  the 
duty  of  said  commission  to  mature  and  adopt  such  plan  or  plans,  from 
examinations  and  surveys  already  made  and  from  such  additional 
examinations  and  surveys  as  it  may  deem  necessary,  as  will  improve 


DEBRIS   LAW.  583 

the  navigability  of  all  the  rivers  comprising  said  systems,  deepen  their 
channels,  and  protect  their  banks.  Such  plan  or  plans  shall  be  matured 
with  a  view  of  making  the  same  effective  as  against  the  encroachment 
of  and  damage  from  debris  resulting  from  mining  operations,  natural 
erosion  or  other  causes,  with  a  view  of  restoring,  as  near  as  practicable 
and  the  necessities  of  commerce  and  navigation  demand,  the  navigabil- 
ity of  said  rivers  to  the  condition  existing  in  1860,  and  permitting 
mining  by  the  hydraulic  process,  as  the  term  is  understood  in  said  State, 
to  be  carried  on,  provided  the  same  can  be  accomplished  without  injury 
to  the  navigability  of  said  rivers  or  the  lands  adjacent  thereto. 

§  5.  Surveys  of  Storage  Sites  for  Debris,  Reservoirs,  etc. — Exam- 
ination of  Hydraulic  and  Other  Mines,  etc. — That  it  shall  further 
examine,  survey,  and  determine  the  utility  and  practicability,  for  the 
purposes  hereinafter  indicated,  of  storage  sites  in  the  tributaries  of 
said  rivers  and  in  the  respective  branches  of  said  tributaries,  or  in  the 
plains,  basins,  sloughs,  and  tule  and  swamp  lands  adjacent  to  or  along 
the  course  of  said  rivers,  for  the  storage  of  debris  or  water  or  as  set- 
tling reservoirs,  with  the  object  of  using  the  same  by  either  or  all  of 
these  methods  to  aid  in  the  improvement  and  protection  of  said  navi- 
gable rivers  by  preventing  deposits  therein  of  debris  resulting  from 
mining  operations,  natural  erosion,  or  other  causes,  or  for  affording 
relief  thereto  in  flood  time  and  providing  sufficient  water  to  maintain 
scouring  force  therein  in  the  summer  season;  and  in  connection  there- 
with to  investigate  such  hydraulic  and  other  mines  as  are  now  or  may 
have  been  worked  by  methods  intended  to  restrain  the  debris  and 
material  moved  in  operating  such  mines  by  impounding  dams,  settling 
reservoirs,  or  otherwise,  and  in  general  to  make  such  study  of  and 
researches  in  the  hydraulic  mining  industry  as  science,  experience  and 
engineering  skill  may  suggest  as  practicable  and  useful  in  devising  a 
method  or  methods  whereby  such  mining  may  be  carried  on  as  afore- 
said. 

§  6.  Noting  Condition  of  Navigable  Channels. — That  the  said  com- 
mission shall  from  time  to  time  note  the  conditions  of  the  navigable 
channels  of  said  river  systems,  by  cross-section  surveys  or  otherwise,  in 
order  to  ascertain  the  effect  therein  of  such  hydraulic  mining  operations 
as  may  be  permitted  by  its  orders  and  such  as  is  caused  by  erosion, 
natural  or  otherwise. 

§  7.  Annual  Report — Contents. — That  said  commission  shall  submit 
to  the  Chief  of  Engineers,  for  the  information  of  the  Secretary  of  War, 
on  or  before  the  15th  day  of  November  of  each  year  a  report  of  its 
labors  and  transactions,  with  plans  for  the  construction,  completion, 
and  preservation  of  the  public  works  outlined  in  this  act,  together 
with  estimates  of  the  cost  thereof,  stating  what  amounts  can  be  profit- 
ably expended  thereon  each  year.  The  Secretary  of  War  shall  there- 
upon submit  same  to  Congress  on  or  before  the  meeting  thereof. 

§  8.  "Hydraulic  Mining"  and  "Mining  by  the  Hydraulic  Process" 
Defined. — That  for  the  purposes  of  this  act  "hydraulic  mining"  and 


584  ihllyer's  legal  manual. 

^'minint?  by  the  hydraulic  process,"  are  hereby  declared  to  have  the 
meaniiiij:  and  application  j?iven  to  said  terms  in  said  State. 

§  9.  Hydraulic  Miners  must  File  Petition  With  Commission.— That 
the  individual  i)roprietor  or  proprietors,  or  in  case  of  a  corporation  its 
manager  or  agent  appointed  for  that  purpose,  owning  mining  ground 
in  the  territory  in  the  State  of  California  mentioned  in  section  3 
thereof,  which  it  is  desired  to  work  by  the  hydraulic  process,  must  file 
with  said  commission  a  verified  petition,  setting  forth  such  facts  as  will 
comply  with  law  and  the  rules  prescribed  by  said  commission. 

§  10.  Surrender  to  United  States  of  Right  to  Regulate  the  Work- 
ing, etc.— Use  of  Other  Processes,  etc.,  not  Affected — Proviso— Naviga- 
bility of  Rivers. — That  said  petition  shall  be  accompanied  by  an  instru- 
ment duly  executed  and  acknowledged,  as  required  by  the  law  of  the 
said  State,  whereby  the  owner  or  owners  of  such  mine  or  mines  surren- 
der to  the  United  States  the  right  and  privilege  to  regulate  by  law,  as 
provided  in  this  act,  or  any  law  that  may  hereafter  be  enacted,  or  by 
such  rules  and  regulations  as  may  be  prescribed  by  virtue  thereof  the 
manner  and  method  in  which  the  debris  resulting  from  the  working  of 
said  mine  or  mines  shall  be  restrained,  and  what  amount  shall  be  pro- 
duced therefrom ;  it  being  understood  that  the  surrender  aforesaid  shall 
not  be  construed  as  in  any  way  affecting  the  right  of  such  owner  or 
owners  to  operate  said  mine  or  mines  by  any  other  process  or  method 
now  in  use  in  said  State :  Provided,  That  they  shall  not  interfere  with 
the  navigability  of  the  aforesaid  rivers. 

§  11.  Joint  Petition  by  Mining  Claim  Owners  Requiring  a  Common 
Dumping  Ground,  etc. — That  the  owners  of  several  mining  claims 
situated  so  as  to  require  a  common  dumping  ground  or  dam  or  other 
restraining  works  for  the  debris  issuing  therefrom  in  one  or  more  sites 
may  file  a  joint  petition  setting  forth  such  facts  in  addition  to  the  re- 
quirements of  section  9  hereof;  and  where  the  owner  of  a  hydraulic 
mine  or  owners  of  several  such  mines  have  and  use  common  dumping 
sites  for  impounding  debris  or  as  settling  reservoirs  which  sites  are 
located  below  the  mine  of  an  applicant  not  entitled  to  use  same,  such 
fact  shall  also  be  stated  in  said  petition.  Thereupon  the  same  pro- 
ceedings shall  be  had  as  provided  for  herein. 

§  12.  Notice  of  Petition,  etc.,  to  be  Published — Examination  Pend- 
ing Publication — Affidavits,  Plans,  etc.,  may  be  Filed — Hearings. — A 
notice  specifying  briefly  the  contents  of  said  petition  and  fixing  a  time 
previous  to  which  all  proofs  are  to  be  submitted  shall  be  published  by 
said  commission  in  some  newspaper  or  newspapers  of  general  circula- 
tion in  the  commimities  interested  in  the  matter  set  forth  therein.  If 
published  in  a  daily  paper  such  publication  shall  continue  for  at  least 
ten  days;  if  in  a  weekly  paper  in  at  least  three  issues  of  the  same. 
Pending  publication  thereof  said  commission,  or  a  committee  thereof, 
shall  examine  the  mine  and  premises  described  in  such  petition.  On 
or  before  the  time  so  fixed  all  parties  interested,  either  as  petitioners 
or  contestants,  whether  miners  or   agriculturists,  may  file   afifidavits. 


DEBRIS   LAW.  585 

plans,  and  maps  in  support  of  their  respective  claims.  Further  hear- 
ings, upon  notice  to  all  parties  of  record,  may  be  granted  by  the  com- 
mission when  necessary. 

§  13.  Favorable  Decisions  Within  Thirty  Days — Order  Directing 
Methods  of  Mining,  Conditions,  etc. — Taxes  on  Gross  Proceeds — Pro- 
viso— Expenses. — That  in  case  a  majority  of  the  members  of  said  com- 
mission, within  thirty  days  after  the  time  so  fixed,  concur  in  a  decision 
in  favor  of  the  petitioner  or  petitioners,  the  said  commission  shall 
thereupon  make  an  order  directing  the  methods  and  specifying  in  detail 
the  manner  in  which  operations  shall  proceed  in  such  mine  or  mines; 
what  restraining  or  impounding  works,  if  facilities  therefor  can  be 
found,  shall  be  built,  and  maintained ;  how  and  of  what  material ;  where 
to  be  located;  and  in  general  set  forth  such  further  requirements  and 
safeguards  as  will  protect  the  public  interests  and  prevent  injury  to 
the  said  navigable  rivers,  and  the  lands  adjacent  thereto,  with  such 
further  conditions  and  limitations  as  will  observe  all  the  provisions  of 
this  act  in  relation  to  the  working  thereof  and  the  payment  of  taxes 
on  the  gross  proceeds  of  the  same:  Provided,  That  all  expense  incurred 
in  complying  with  said  order  shall  be  borne  by  the  owner  or  owners  of 
such  mine  or  mines. 

§  14.  Plans,  etc.,  to  be  Submitted  to  Commission — Commencement 
of  Works — Supervision  and  Inspection — Completion  of  Works — Per- 
mission to  Commence  Mining. — That  such  petitioner  or  petitioners  must 
within  a  reasonable  time  present  plans  and  specifications  of  all  works 
required  to  be  built  in  pursuance  of  said  order  for  examination,  correc- 
tion, and  approval  by  said  commission;  and  thereupon  work  may 
immediately  commence  thereon  under  the  supervision  of  said  commis- 
sion or  representative  thereof  attached  thereto  from  said  Corps  of 
Engineers,  who  shall  inspect  same  from  time  to  time.  Upon  completion 
thereof,  if  found  in  every  respect  to  meet  the  requirements  of  the  said 
order  and  said  approved  plans  and  specifications,  permission  shall 
thereupon  be  granted  to  the  owner  or  owners  of  such  mine  or  mines 
to  commence  mining  operations,  subject  to  the  conditions  of  said  order 
and  the  provisions  of  this  act. 

§  15.  Conditions,  etc.,  as  to  Commencing  Operations — Proviso — 
Navigation,  etc.,  Sufficiently  Protected. — That  no  permission  granted 
to  a  mine  owner  or  owners  under  this  act  shall  take  effect,  so  far  as 
regards  the  working  of  a  mine,  until  all  impounding  dams  or  other 
restraining  works,  if  any  are  prescribed  by  the  order  granting  such 
permission,  have  been  completed  and  until  the  impounding  dams  or 
other  restraining  works  or  settling  reservoirs  provided  by  said  com- 
mission have  reached  such  a  stage  as  in  the  opinion  of  said  commission, 
it  is  safe  to  use  the  same :  Provided,  however.  That  if  said  commission 
shall  be  of  the  opinion  that  the  restraining  and  other  works  already 
constructed  at  the  mine  or  mines  shall  be  sufficient  to  protect  the  navi- 
gable rivers  of  said  systems  and  the  work  of  said  commission,  then  the 


586 

owner  or  owners  of  such  mine  or  mines  may  be  permitted  to  commence 
operations. 

§  1().  Allotment  of  Expenses  for  Constructing  Common  Dumps, 
etc. — Subsequent  Petitioners  to  Pay  for  Dumping  Privilege — Appor- 
tionment of  Such  Payment  to  Original  Owners — Maintenance,  etc. — 
Location. — That  in  ease  the  joint  petition  referred  to  in  section  11 
hereof  is  irranted,  the  commission  shall  fix  the  respective  amounts  to  be 
paid  by  each  owner  of  such  mines  toward  providing  and  building  neces- 
sary impounding  dams  or  other  restraining  works.  In  the  event  of  a 
petition  being  filed  after  the  entry  of  such  order,  or  in  case  the  im- 
pounding dam  or  dams  or  other  restraining  works  have  already  been 
constructed  and  accepted  by  said  commission,  the  commission  shall  fix 
such  amount  as  may  be  reasonable  for  the  privilege  of  dumping  therein, 
which  amount  shall  be  divided  between  the  original  owners  of  such 
impounding  dams  or  other  restraining  works  in  proportion  to  the 
amount  respectively  paid  by  each  party  owning  same.  The  expense  of 
maintaining  and  protecting  such  joint  dam  or  works  shall  be  divided 
among  mine  ow^ners  using  the  same  in  such  proportion  as  the  commis- 
sion shall  determine.  In  all  cases  where  it  is  practicable,  restraining 
and  impounding  works  are  to  be  provided,  constructed  and  maintained 
by  mine  owners  near  or  below  the  mine  or  mines  before  reaching  the 
main  tributaries  of  said  navigable  waters. 

§  17.  Limit  of  Debris  Washed  Away. — That  at  no  time  shall  any 
more  debris  be  permitted  to  be  washed  away  from  any  hydraulic  mine 
or  mines  situated  on  the  tributaries  of  said  rivers  and  the  respective 
branches  of  each,  worked  under  the  provisions  of  this  act,  than  can 
be  impounded  within  the  restraining  works  erected. 

§  18.  Modification,  etc.,  of  Orders. — That  the  said  commission  may 
at  any  time  when  the  condition  of  the  navigable  rivers  or  when  the 
capacities  of  all  impounding  and  settling  facilities  erected  by  mine 
owners  or  such  as  may  be  provided  by  government  authority  require 
same,  modify  the  order  granting  the  privilege  to  mine  by  the  hydrau- 
lic mining  process  so  as  to  reduce  amount  thereof  to  meet  the  capacities 
of  the  facilities  then  in  use,  or,  if  actually  required  in  order  to  protect 
the  navigable  rivers  from  damage,  may  revoke  same  until  the  further 
notice  of  the  commission. 

§  19.  Forfeiture  for  Violating  Conditions — Work  to  Cease  upon 
Service  of  Notice — Enforcement  of  Orders,  etc. — That  an  inten- 
tional violation  on  the  part  of  a  mine  owner  or  owners,  company, 
or  corporation,  or  the  agents  or  the  employees  of  either,  of  the 
conditions  of  the  order  granted  pursuant  to  section  13,  or  such  modi- 
fications thereof  as  may  have  been  made  by  said  commission,  shall 
work  a  forfeiture  of  the  privileges  thereby  conferred,  and  upon 
notice  being  served  by  the  order  of  said  commission  upon  such 
owner  or  owners,  company  or  corporation,  or  agent  in  charge,  work 
shall  immediately  cease.     Said  commission  shall  take  necessary  steps 


DEBRIS   LAW.  587 

to  enforce  its  orders  in  case  of  the  failure,  neglect,  or  refusal  of  such 
owner  or  owners,  company,  or  corporation,  or  agents  thereof,  to  com- 
ply therewith,  or  in  the  event  of  any  person  or  persons,  company  or 
corporation  working  by  said  process  in  said  territory  contrary  to  law. 

§  20.  Visiting  Mines — Report. — That  said  commission,  or  a  com- 
mittee therefrom  or  officer  of  said  corps  assigned  to  duty  under  its 
orders,  shall,  whenever  deemed  necessary,  visit  said  territory  and  all 
mines  operating  under  the  provisions  of  this  act.  A  report  of  such 
examination  shall  be  placed  on  file. 

§  21 .  Use  of  Public  Lands  and  Material — Withdrawal  of  Lands  from 
Sale  and  Entry. — That  the  said  commission  is  hereby  granted  the  right 
to  use  any  of  the  public  lands  of  the  United  States,  or  any  rock,  stone, 
timber,  trees,  brush,  or  material  thereon  or  therein,  for  any  of  the  pur- 
poses of  this  act ;  and  the  Secretary  of  the  Interior  is  hereby  authorized 
and  requested,  after  notice  has  been  filed  with  the  Commissioner  of  the 
General  Land  Office  by  said  commission,  setting  forth  what  public  lands 
are  required  by  it  under  the  authority  of  this  section,  that  such  land 
or  lands  shall  be  withdrawn  from  sale  and  entry  under  the  laws  of  the 
United  States. 

§  22.  Willful  Injury  to  Works  a  Misdemeanor — Penalty — Violation 
of  This  Act  a  Misdemeanor — Penalty — Proviso — Operative  Date. — That 
any  person  or  persons  who  willfully  or  maliciously  injure,  damage,  or 
destroy,  or  attempt  to  injure,  damage,  or  destroy,  any  dam  or  other 
work  erected  under  the  provisions  of  this  act  for  restraining,  impound- 
ing, or  settling  purposes,  or  for  use  in  connection  therewith,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
not  to  exceed  the  sum  of  five  thousand  dollars  or  be  imprisoned  not  to 
exceed  five  years,  or  by  both  such  fine  and  imprisonment,  in  the  discre- 
tion of  the  court.  And  any  person  or  persons,  company  or  corpora- 
tion, their  agents  or  employees,  who  shall  mine  by  the  hydraulic  pro- 
cess directly  or  indirectly  injuring  the  navigable  waters  of  the  United 
States,  in  violation  of  the  provisions  of  this  act  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a  fine 
not  exceeding  five  thousand  dollars,  or  by  imprisonment  not  exceeding 
one  year,  or  by  both  such  fine  and  imprisonment,  in  the  discretion  of 
the  court :  Provided,  That  this  section  shall  take  effect  on  the  first  day 
of  May,  1893. 

§  23.  Tax  on  Gross  Proceeds  of  Hydraulic  Mines — Ascertainment 
and  Payment  of  Tax — Regulations,  etc. — A  "Debris  Fund"  Created — 
Expenditures  from  Same  by  the  Commission — Provisos — Money  Ad- 
vances from  Mine  Owners — Refund  of  Same  When  Tax  is  Paid — 
Limitation. — That  upon  the  construction  by  the  said  commission  of 
dams  or  other  works  for  the  detention  of  debris  from  hydraulic  mines 
and  the  issuing  of  the  order  provided  for  by  this  act  to  any  individual, 
company,  or  corporation  to  work  any  mine  or  mines  by  hydraulic  pro- 
cess, the  individual,  company,  or  corporation  operating  thereunder 
working  any  mine  or  mines  by  hydraulic  process,  the  debris  from  which 


588 

flows  into  or  is  in  whole  or  in  part  restrained  by  such  dams  or  other 
works  erected  by  said  commission,  shall  pay  a  tax  of  three  per  centum 
on  the  gross  proceeds  of  his,  their,  or  its  mine  so  worked;  which  tax 
of  three  per  centum  shall  be  ascertained  and  paid  in  accordance  with 
rejifulations  to  be  adopted  by  the  Secretary  of  the  Treasury,  and  the 
Treasurer  of  the  United  States  is  hereby  authorized  to  receive  the  same. 
All  sums  of  money  paid  into  the  Treasury  under  this  section  shall  be 
set  apart  and  credited  to  a  fund  to  be  known  as  the  ''Debris  Fund," 
and  shall  be  expended  by  said  commission  under  the  supervision  of  the 
Chief  of  Enpneers  and  direction  of  the  Secretary  of  War,  in  addition 
to  the  appropriations  made  by  law  in  the  construction  and  maintenance 
of  such  restrainino^  works  and  settlings  reservoirs  as  may  be  proper  and 
necessary :  Provided,  That  said  commission  is  hereby  authorized  to  re- 
ceive and  pay  into  the  Treasury  from  the  owner  or  owners  of  mines 
worked  by  the  hydraulic  process,  to  w^hom  permission  may  have  been 
granted  so  to  work  under  the  provisions  thereof,  such  money  advances 
as  may  be  offered  to  aid  in  the  construction  of  such  impounding  dams 
or  other  restraining  works,  or  settling  reservoirs,  or  sites  therefor,  as 
may  be  deemed  necessary  by  said  commission  to  protect  the  navigable 
channels  of  said  river  systems,  on  condition  that  all  moneys  so  ad- 
vanced shall  be  refunded  as  the  said  tax  is  paid  into  the  said  debris 
fund :  And  provided  further,  That  in  no  event  shall  the  government  of 
the  United  States  be  held  liable  to  refund  same  except  as  directed  by 
this  section. 

§  24.  Commission  may  Consult  With  State  Commission  of  En- 
gineers— Report  on  Conference — Approval. — That  for  the  purpose  of 
securing  harmony  of  action  and  economy  of  expenditures  in  the  work 
to  be  done  by  the  United  States  and  the  State  of  California,  respec- 
tively, the  former  in  its  plans  for  the  improvement  and  protection  of 
the  navigable  streams  and  to  prevent  the  depositing  of  mining  debris 
or  other  materials  within  the  same,  and  the  latter  in  its  plans  author- 
ized by  law  for  the  reclamation,  drainage,  and  protection  of  its  lands, 
or  relating  to  the  working  of  hydraulic  mines,  the  said  commission  is 
empowered  to  consult  thereon  with  a  commission  of  engineers  of  said 
State,  if  authorized  by  said  State  for  said  purpose,  the  result  of  such 
conference  to  be  reported  to  the  Chief  of  Engineers  of  the  United 
States  Army,  and  if  by  him  approved  shall  be  follow^ed  by  said  com- 
mission. 

§  25.  Appropriations  from  Debris  Fund  to  be  Expended  in  Re- 
straining Works,  etc.,  Above  Head  of  Navigation,  etc. — Recommenda- 
tions Adopted  and  Made  the  Basis  of  Operations — Appropriations. — 

That  said  commission,  in  order  that  such  material  as  is  now  or  may 
hereafter  be  lodged  in  the  tributaries  of  the  Sacramento  and  San  Joa- 
quin river  systems  resulting  from  mining  operations,  natural  erosion, 
or  other  causes,  shall  be  prevented  from  injuring  the  said  navigable 
rivers  or  such  of  the  tributaries  of  either  as  may  be  navigable  and  the 
land  adjacent  thereto,  is  hereby  directed  and  empow^ered,  when  appro- 


DEBRIS   LAW.  589 

priations  are  made  therefor  by  law,  or  sufficient  money  is  deposited 
for  that  purpose  in  said  debris  fund,  to  build  at  such  points  above  the 
head  of  navigation  in  said  rivers  and  on  the  main  tributaries  thereof, 
or  branches  of  such  tributaries,  or  at  any  place  adjacent  to  the  same, 
which  in  the  judgment  of  said  commission  will  effect  said  object  (the 
same  to  be  of  such  material  as  will  insure  safety  and  permanency), 
such  restraining  or  impounding  dams  and  settling  reservoirs  with  such 
canals,  locks,  or  other  works  adapted  and  required  to  complete  same. 
The  recommendations  contained  in  Executive  Document  Numbered 
Two  Hundred  and  Sixty-seven,  Fifty-first  Congress,  Second  Session, 
and  Executive  Document  Numbered  Ninety-eight,  Forty-seventh  Con- 
gress, First  Session,  as  far  as  they  refer  to  impounding  dams,  or  other 
restraining  works  are  hereby  adopted,  and  the  same  are  directed  to  be 
made  the  basis  of  operations.  The  sum  of  fifteen  thousand  dollars  is 
hereby  appropriated,  from  moneys  in  the  Treasury  not  otherwise  appro- 
priated, to  be  immediately  available  to  defray  the  expenses  of  said 
Commission.     (Approved  March  1,  1893.) 

INSTRUCTIONS  TO  OWNERS  AND  OPERATORS  OF  HYDRAULIC 
MINES  IN  CALIFORNIA. 

1.  The  California  Debris  Commission  is  composed  of  three  officers  of 
the  Corps  of  Engineers,  United  States  Army,  who  are  appointed  by 
the  President  of  the  United  States,  with  the  advice  and  consent  of  the 
Senate,  under  the  authority  of  the  act  of  Congress,  approved  March 
1,  1893.  The  Commission  is  charged  by  this  act  with  the  enforcement 
of  its  provisions,  including  such  regulation  and  control  of  hydraulic 
mining  in  the  drainage  areas  of  the  Sacramento  and  San  Joaquin  rivers 
of  the  State  of  California  as  is  necessary  to  cause  the  tailings  from  such 
mining  to  be  so  impounded  in  the  vicinity  of  the  mine  as  to  prevent 
injury  to  the  navigable  rivers  and  adjacent  lands.  The  owners  and 
operators  of  such  mines  are  required  by  this  law  to  comply  strictly 
with  such  requirements  of  the  commission  as  may  be  deemed  necessary 
to  effect  this  purpose.  An  extreme  penalty  of  $5,000  fine  and  one 
year's  imprisonment  is  provided  for  violation  of  the  act. 

2.  Hydraulic  mining  embraces  all  mining  operations  where  water  is 
used  under  pressure  through  a  nozzle  against  any  bank  of  earth,  gravel, 
or  other  similar  material,  thus  eroding  the  bank.  It  is  forbidden  by 
law  except  under  the  supervision  of  the  commission. 

3.  The  law  requires  that  in  all  cases  a  license  or  written  permission 
must  be  obtained  from  the  commission  before  hydraulic  mining  in  the 
regions  mentioned  can  be  legally  carried  on. 

4.  Licenses  or  permission  to  mine  by  the  hydraulic  process  are  revo- 
cable by  the  commission,  and  will  not  be  given  unless  the  requirements 
of  the  commission  are  complied  with  as  to  sufficiency  of  suitable  re- 
straining barriers  or  dams.  Licenses,  when  granted,  will  be  suspended 
or  revoked  for  failure  to  properly  maintain  such  barriers  or  dams  or 
for  failure  to  make  the  reports  and  furnish  information  asked  for  by 
the  commission. 


590  IIILLYER^S   LEGAL   MANUAL. 

5.  Licenses  are  obtained  by  makinpr  application  to  the  California  De- 
bris Commission,  San  Francisco,  Cal.,  on  the  special  blank  form  issued 
by  the  commission,  copies  of  which  will  be  sent  on  request,  free  of  cost. 

6.  Licenses  are  not  transferable  and  are  valid  only  for  the  operations 
of  the  individual  or  company,  and  for  the  special  mine  named  in  the 
license. 

7.  By  the  terms  of  the  law  an  application  for  a  license  must  be  ad- 
vertised by  the  commission  in  the  newspapers  to  allow  any  protests  to 
be  filed  with  the  commission.  This  advertisino^  usually  takes  about 
three  weeks. 

8.  As  soon  as  practicable  after  advertising  an  application,  the  sites 
proposed  by  the  applicants  for  the  restraining  works  are  visited,  and 
if  found  satisfactory,  authority  to  construct  the  dams  or  barriers  is 
given  with  the  commission's  specifications  and  instructions  for  the 
work.  Any  dam  built  before  such  authorization  is  built  wholly  at  the 
builder's  risk,  and  may  not  be  accepted  by  the  commission.  Any  vari- 
ation in  location  or  character  of  work  from  that  specified  by  the  com- 
mission may  also  cause  rejection  of  the  dam. 

9.  When  such  authorized  dams  are  completed,  the  commission  should 
be  promptly  notified  so  that  an  inspection  may  be  made  as  soon  as 
practicable  thereafter.  If  found  satisfactory,  a  revocable  license  to 
mine  will  be  issued.     Until  the  license  is  issued  it  is  illegal  to  mine. 

10.  When  mining  has  been  begun  under  a  license,  a  report  every 
month  must  be  submitted  on  one  of  the  blank  forms  furnished  for  this 
purpose  by  the  commission  upon  request.  If  no  mining  is  carried  on 
for  any  month,  the  small  form  is  to  be  used,  otherwise,  the  large  form 
must  be  forwarded.  All  blank  spaces  should  be  carefully  and  accu- 
rately filled. 

11.  In  case  of  any  accident  to  a  restraining  dam  affecting  its  effi- 
ciency, mining  must  immediately  cease  and  the  commission  must  be 
promptly  notified. 

12.  When  a  dam  becomes  full  of  debris,  mining  must  cease  until 
more  impounding  capacity  is  provided  either  by  raising  the  dam  or  by 
the  construction  of  new  dams.  The  permission  of  the  commission  must 
be  obtained  to  raise  dams,  and  the  work  when  completed  must  be 
inspected  and  approved  by  the  commission  before  mining  may  be 
resumed. 

13.  Dams  must  be  kept  water  tight  and  a  pool  at  least  3  feet  deep 
must  be  maintained  as  a  settling  basin  above  each  dam  while  mining 
is  in  progress.     Leaks  must  be  promptly  checked. 

14.  Names  of  mines  must  not  be  changed  without  due  notice  to  the 
commission. 

15.  No  charges  or  fees  of  any  kind  are  required  or  allowed,  all 
expenses  of  inspection  being  borne  by  the  United  States. 

16.  The  mine  owners  are  usually  expected  to  meet  the  inspector  at 
the  nearest  railway  or  stage  station  and  take  him  to  the  mine  and  back. 
As  many  regions  where  mines  are  located  are  inaccessible  in  winter 
time,  applications  for  licenses  and  inspections  should  be  submitted  as 


DEBRIS   LAW.  591 

early  in  the  season  as  practicable.     Delay  in  attending  to  this  promptly 
may  occasion  the  loss  of  considerable  time  if  not  an  entire  season. 

17.  To  avoid  delay  due  to  loss  of  letters  it  is  suggested  that  requests 
be  repeated  within  a  reasonable  time,  if  not  promptly  acknowledged 
or  acted  upon.     All  communications  should  be  addressed  to  the  Secre- 
tary, California  Debris  Commission,  San  Francisco,  Cal. 
By  direction  of  the  California  Debris  Commission : 

S.  A.  CHENEY, 
Major  Corps  of  Engineers. 

Secretary. 

APPLICATION. 

To  the  California  Debris  Commission, 

San  Francisco,  Cal. 
In  compliance  with  section  9  of  the  act  of  Congress  approved  March 
1,  1893,  the  undersigned  hereby  petition  for  authority  to  work  by  the 
^'hydraulic  process"  the  mine  described  below. 

Name  of  mine 

Owner  of  the  mine 

Who  is  in  possession  of  the  mine 

Area  proposed  to  work  by  the  hydraulic  process 

Height  of  bank  to  be  worked 

Cubic  yards  of  material 

Character  of  material,  loose  or  cemented 

Estimated  to  consist  of per  cent  boulders,     per  cent  cob- 
blestones,    per  cent  gravel,   per  cent  sand,   per 

cent  loam  or  pipe  clay. 

Mine  drains  into Creek,  which  reaches River. 

Source   of  water  supply 

Length  of  ditch ,  width depth 

Grade  of  ditch 

If  there  is  a  water  reservoir,  describe  it 

Quantity    of    water    used inches,  for hours    per    day,    for 

months  in  the  year. 

Pressure  of  water  used Size  of  nozzle 

Sluice    is feet    wide,    feet    deep,    with    grade    of in 

twelve  feet. 
Character  and  location  of  barriers,  existing  or  proposed,  to  restrain 

debris   .' 

Do  you  control  all  the  ground  over  which  the  debris  will  flow  between 

the  mine  and  the  site  of  the  proposed  barrier 

If  not,  have  you  permission  to  use  such  of  the  ground  as  you  do  not 

control 

NOTE. — This  permission  must  be  in  writing  and  must  be  filed  with  the  applica- 
tion. 

Area  of  impounding  basin  for  holding  debris 

Capacity  of  proposed  impounding  basin  in  cubic  yards 


592  HILLYER'S   LEGAL   MANUAL. 

Is  it  a  watercourse  or  worked-out  pit 

What  is  the  drainage  area  above  the  site  of  the  proposed  dam,  in  case 

the  impoiindintr  basin  is  in  a  watercourse 

Grade  of  bottom  of  impounding  basin feet  per  hundred  feet. 

Area  of  ground  draining  into  impounding  basin  in  case  it  is  not  in  a 

watercourse 

Average  annual  rainfall  if  known 

Rainfall  in  one  hour  during  heaviest  storms 

.Deepest  snow  known   (on  level) 

Width  and  average  depth  of  stream  at  dam  site  during  highest  known 

flood 

NOTE. — Where  above  information  cannot  be  accurately  stated,  give  estimated 
amount  and  indicate  that  it  is  estimated. 

The  following  maps,  plans,  sketches,  etc.,  are  inclosed : 

1.  Map    showing    claims ,  proposed    workings,    and    part    already 
worked. 

2.  Map  showing  impounding  basin. 

3.  Section  of  proposed  dam  or  barrier.     Longitudinal  and  cross-sec- 
tions of  basin. 

NOTE. — The  above  maps  are  necessary  for  important  mines  and  desirable  in 
all  cases.  The  cross-sections  should  be  200  to  500  feet  apart,  and  taken  at  the 
widest  and  narrowest  places.  For  small  mines  sketch  maps  may  suffice,  but  for 
important  mines  these  maps  should  be  made  by  an  experienced  surveyor  and  should 
show  the  contours  of  the  impounding  basin  so  that  its  contents  can  be  accurately 
computed.     Each  map  should  show  who  made  it. 

Names  of  mines  whose  owners  are  entitled  to  use  proposed  impounding 
basin  and  whose  petitions  are  submitted  with  this  one  constituting 

a  joint  petition 

Names   of  mines  which   drain  into  the  same   impounding   basin   and 

which  are  not  entitled  to  use  it 

Route  to  mine : — Nearest  railroad  station 

Thence  by  stage miles  to P.  0.  or  town. 

Thence  by  wagon  road miles  to 

Thence  by  trail miles  to  mine. 

Distance  from  mine  to  site  of  proposed  restraining  works 

Name  of  person  to  whom  communications  concerning  mine  should  be 

sent 

Postoffice  address 

Remarks 

I  (or  we),   

hereby  surrender  to  the  United  States  the  right  and  privilege  to  regu- 
late by  law,  as  provided  by  the  act  of  Congress  entitled  ^'An  Act  to 
Create  the  California  Debris  Commission  and  Regulate  Hydraulic  Min- 
ing in  the  State  of  California,"  and  any  law  that  may  hereafter  be 
enacted,  and  by  such  rules  and  regulations  as  may  be  prescribed  by 
virtue  thereof,  the  manner  and  method  in  which  the  debris  resulting 
from  the  working  of  the.  .  .  .  Mine  shall  be  restrained,  and  what 
amount  shall  be  produced  therefrom.     Said mine  is  situated  at 


DEBRIS   LAW.  593 

,  in County,  California,  and  more  particularly  described  as 

follows : 

(Give  full  description  of  property  by  metes  and  bounds  or  by  section  corners.) 

It  being  understood  that  the  surrender  aforesaid  shall  not  be  con- 
strued as  in  any  way  affecting  the  right  of  such  owner  (or  owners)  to 
operate  said  mine  (or  mines)  by  any  other  process  or  method  now  in  use 
in  said  State,  provided  that  they  shall  not  interfere  with  the  navigabil- 
ity of  the  rivers  of  California. 


Applicants. 
State  of  California, 
County  of — ss. 

,   being    first    duly    sworn,    depose.,     and    say.,     that 

is  (or  are)  the  applicant.  .  named  in  the  foregoing  petition; 

that    ha.,    read  the   said   petition,   and   know.,    the  contents 

thereof ;  that  the  same  are  true  of own  knowledge  except  as  to 

such  matters  as  are  therein  stated  on information  and  belief,  and 

that,  as  to  those  matters believe. .  them  to  be  true. 

Subscribed  and  sworn  to  before  me  this.  . .  .day  of ,  A.  D. 

19.... 


Notary  Public  in  and  for County,  State  of  California. 

NOTE. — In  case  of  an  incorporated  company  the  petition  may  be  submitted 
by  its  attorney  in  fact,  or  other  duly  authorized  agent,  legal  evidence  of  which 
authority  must  be  filed  with  the  petition. 

In  preparing  the  application  all  the  blank  spaces  should  be  carefully  filled  out 
and  all  questions  answered  as  accurately  as  possible.  If  the  operators  are  in  part- 
nership, the  application  should  be  signed  in  the  name  of  the  firm  by  a  member 
thereof,  and  the  names  of  all  members  of  the  firm  should  also  be  given.  If  a 
company,  the  application  should  be  signed  with  the  company  name  by  the  secre- 
tary, president  or  other  officer  authorized  to  do  so,  followed  by  his  official  signa- 
ture. The  authority  of  such  officer  to  so  sign  should  accompany  the  application. 
This  authority  should  be  a  properly  verified  copy  of  the  resolution  of  the  board  of 
directors  of  the  company  or  extract  from  the  minutes  of  a  meeting  of  the  directors. 

Oath  as  to  the  accuracy  of  the  statements  contained  in  the  application  should 
be  made,  as  indicated,  before  a  notary  public  or  other  official  authorized  by  the  State 
law  to  administer  oaths, 

A  map  or  sketch  should  accompany  the  application,  showing  the  location  and 
extent    of   the   mine,    the    stream    into    which   the   mine   drains,   the  location    of   the 
proposed  restraining  works,  the  United  States  Land  Office  lines  of  the  vicinity,  and 
the  roads  in  the  neighborhood. 
38 


594  hillyer's  legal  manual. 


NATURALIZATION  LAWS. 

(34  Stats,  at  Large,  part  1,  p.  596.) 

Bureau  of  Immigration  and  Naturalization — Registry  of  Alien 
Arriving  After  the  Passage  of  This  Act — Certificate  of  Registry. — 
The  designation  of  the  Bureau  of  Immigration  in  the  Department 
of  Commerce  and  Labor  is  hereby  changed  to  the  ''Bureau  of  Immi- 
gration and  Naturalization,"  which  said  Bureau,  under  the  direc- 
tion and  control  of  the  Secretary  of  Commerce  and  Labor,  in 
addition  to  the  duties  now  provided  by  law,  shall  have  charge  of 
all  matters  concerning  the  naturalization  of  aliens.  That  it  shall 
be  the  duty  of  the  said  Bureau  to  provide,  for  use  at  the  various 
immigration  stations  throughout  the  United  States,  books  of  record, 
wherein  the  commissioners  of  immigration  shall  cause  a  registry  to 
be  made  in  the  case  of  each  alien  arriving  in  the  United  States 
from  and  after  the  passage  of  this  act  of  the  name,  age,  occupa- 
tion, personal  description  (including  height,  complexion,  color  of 
hair  and  eyes),  the  place  of  birth,  the  last  residence,  the  intended 
place  of  residence  in  the  United  States,  and  the  date  of  arrival  of 
S'aid  alieu,  and,  if  entered  through  a  port,  the  name  of  the  vessel  in 
which  he  comes.  And  it  shall  be  the  duty  of  said  commissioners  of 
immigration  to  cause  to  be  granted  to  such  alien  a  certificate  of  such 
registry,  with  the  particulars  thereof. 

§  2.  Additional  Offices  and  Additional' Assistants. — That  the  Secre- 
tary of  Commerce  and  Labor  shall  provide  the  said  Bureau  with  such 
additional  furnished  offices  within  the  city  of  Washington,  such  books 
of  record  and  facilities,  and  such  additional  assistants,  clerks,  sten- 
ographers, typewriters,  and  other  employees  as  may  be  necessary  for 
the  proper  discharge  of  the  duties  imposed  by  this  act  upon  such 
Bureau,  fixing  the  compensation  of  such  additional  employees  until 
July  1st,  1907,  within  the  appropriations  made  for  that  purpose. 

§  3.  Jurisdiction  to  Naturalize  Aliens. — That  exclusive  jurisdiction 
to  naturalize  aliens  as  citizens  of  the  United  States  is  hereby  conferred 
upon  the  following  specified  courts: 

United  States  Circuit  and  District  Courts  now  existing,  or  which 
may  hereafter  be  established  by  Congress  in  any  State,  United  States 
District  Courts  for  the  Territories  of  Arizona.  New  Mexico,  Oklahoma, 
Hawaii,  and  Alaska,  the  Supreme  Court  of  the  District  of  Columbia, 
and  the  United  States  courts  for  the  Indian  Territory;  also  all  courts 
of  record  in  any  State  or  Territory  now  existing,  or  which  may  here- 
after be  created,  having  a  seal,  a  clerk,  and  jurisdiction  in  actions  at 
law  or  equity,  or  law  and  equity,  in  which  the  amount  in  controversy 
is  unlimited. 

Jurisdiction  Extends  to  Aliens  Resident  Within  Judicial  Districts.— 

That  the  naturalization  jurisdiction  of  all  courts  herein  specified,  State, 
Territorial,  and  Federal,  shall  extend  only  to  aliens  resident  within 
the  respective  judicial  districts  of  such  courts. 


NATURALIZATION    LAWS.  595 

Blank  Forms. — The  courts  herein  specified  shall,  upon  the  requisi- 
tion of  the  Clerks  of  such  courts,  be  furnished  from  time  to  time  by 
the  Bureau  of  Immi^ation  and  Naturalization  with  such  blank  foruLS 
as  may  be  required  in  the  naturalization  of  aliens,  and  all  certificates  of 
naturalization  shall  be  consecutively  numbered  and  printed  on  safety 
paper  furnished  by  said  Bureau. 

§  4.  Alien,  How  Admitted. — That  an  alien  may  be  admitted  to 
become  a  citizen  of  the  United  States  in  the  following  manner  and 
not  otherwise : 

First.     Declaration  of  Intention. — He  shall  declare  on  oath  before 
the  clerk  of  any  court  authorized  by  this  act  to  naturalize  aliens,  or 
his  authorized  deputy,  in  the  district  in  which  such  alien  resides,  two 
years  at  least  prior  to  his  admission,  and  after  he  has  reached  the  age 
of  eighteen  years,  that  it  is  bona  fide  his  intention  to  become  a  citizen 
of  the  United  States,  and  to  renounce  forever  all  allegiance  and  fidelity 
to  any  foreign  prince,  potentate.  State,  or  sovereignty,  and  particularly, 
by  name,  to  the  prince,  potentate,  State,  or  sovereignty  of  which  the 
alien  may  be  at  the  time  a  citizen  or  subject.     And  such  declaration 
shall  set  forth  the  name,  age,  occupation,  personal  description,  place  of 
birth,  last  foreign  residence  and  allegiance,  the  date  of  arrival,  the  name 
of  the  vessel,  if  any,  in  which  he  came  to  the  United  States,  and  the 
present  place  of  residence  in  the  United  States  of  said  alien :  Provided, 
however,  that  no  alien  who,  in  conformity  with  the  law  in  force  at  the 
date  of  his  declaration,  has  declared  his  intention  to  become  a  citizen 
of    the   United   States   shall   be   required   to   renew   such   declaration: 
Provided  further,  that  any  person  belonging  to  the  class   of  persons 
authorized  and  qualified  under  existing  law  to  become  a  citizen  of  the 
United  States  who  has  resided  constantly  in  the  United  States  during  a 
period  of  five  years  next  preceding  May  1,  1910,  who,  because  of  mis- 
information in  regard  to  his  citizenship  or  the  requirements  of  the  law 
governing  the  naturalization  of  citizens  has  labored  and  acted  under  the 
impression  that  he  was  or  could  become  a  citizen  of  the  United  States 
and  has  in  good  faith  exercised  the  rights  or  duties  of  a  citizen  or 
intended  citizen  of  the  United  States  because  of  such  wrongful  informa- 
tion and  belief  may,  upon  making  a  showing  of  such  facts  satisfactory 
to  a  court  having  jurisdiction  to  issue  papers  of  naturalization  to  an 
alien,  and  the  court  in  its  judgment  believes  that  such  person  has  been 
for  a  period  of  more  than  five  years  entitled  upon  proper  proceedings 
to  be  naturalized  as  a  citizen  of  the  United  States,  receive  from  the  said 
court   a  final   certificate   of  naturalization,   and   said   court   may   issue 
such   certificate  without  requiring  proof  of  former  declaration   by  or 
on  the  part  of  such  person  of  their  intention  to  become  a  citizen  of  the 
United  States,  but  such  applicant  for  naturalization  shall  comply  in 
all  other  respects  with  the  law  relative  to  the  issuance  of  final  papers 
of  naturalization  to  aliens. 

Seco7id.  Petition  for  Naturalization — Contents. — Not  less  than  two 
years  nor  more  than  seven  years  after  he  has  made  such  declaration  of 
intention  he  shall  make  and  file,  in  duplicate,  a  petition  in  writing. 


596  hillyer's  legal  manual. 

signed  by  the  applicant  in  his  own  handwriting  and  duly  verified,  in 
which  petition  such  applicant  shall  state  his  full  name,  his  place  of 
residence  (by  street  and  number,  if  possible),  his  occupation,  and,  if 
possible,  the  date  and  place  of  his  birth;  the  place  from  which  he 
emigrated,  and  the  date  and  place  of  his  arrival  in  the  United  States, 
and,  if  he  entered  through  a  port,  the  name  of  the  vessel  on  which 
he  arrived;  the  time  when  and  the  place  and  name  of  the  court  where 
he  declared  his  intention  to  become  a  citizen  of  the  United  States;  if 
he  is  married  he  shall  state  the  name  of  his  wife  and,  if  possible,  the 
country  of  her  nativity  and  her  place  of  residence  at  the  time  of  filing 
his  petition ;  and  if  he  has  children,  the  name,  date,  and  place  of  birth 
and  place  of  residence  of  each  child  living  at  the  time  of  the  filing  of 
his  petition:  Provided,  that  if  he  has  filed  his  declaration  before  the 
passage  of  this  act  he  shall  not  be  required  to  sign  the  petition  in  his 
own  handwriting. 

The  petition  shall  set  forth  that  he  is  not  a  disbeliever  in  or  opposed 
to  organized  government,  or  a  member  of  or  affiliated  with  any  organ- 
ization or  body  of  persons  teaching  disbelief  in  or  opposed  to  organized 
government,  a  polygamist  or  believer  in  the  practice  of  polygamy,  and 
that  it  is  his  intention  to  become  a  citizen  of  the  United  States  and 
to  renounce  absolutely  and  forever  all  allegiance  and  fidelity  to  any 
foreign  prince,  potentate.  State,  or  sovereignty,  and  particularly  by 
name  to  the  prince,  potentate.  State,  or  sovereignty  of  which  he  at  the 
time  of  filing  of  his  petition  may  be  a  citizen  or  subject,  and  that  it 
is  his  intention  to  reside  permanently  within  the  United  States,  and 
whether  or  not  he  has  been  denied  admission  as  a  citizen  of  the  United 
States,  and,  if  denied,  the  ground  or  grounds  of  such  denial,  the  court 
or  courts  in  which  such  decision  was  rendered,  and  that  the  cause  for 
such  denial  has  since  been  cured  or  removed,  and  every  fact  material 
to  his  naturalization  and  required  to  be  proved  upon  the  final  hearing 
of  his  application. 

Affidavits  of  Witnesses. — The  petition  shall  also  be  verified  by  the 
affidavits  of  at  least  two  credible  witnesses,  who  are  citizens  of  the 
United  States,  and  who  shall  state  in  their  affidavits  that  they  have  per- 
sonally known  the  applicant  to  be  a  resident  of  the  United  States  for 
a  period  of  at  least  five  years  continuously,  and  of  the  State,  Territory, 
or  District  in  which  the  application  is  made  for  a  period  of  at  least 
one  year  immediately  preceding  the  date  of  the  filing  of  his  petition, 
and  that  they  each  have  personal  knowledge  that  the  petitioner  is  a 
person  of  good  moral  character,  and  that  he  is  in  every  way  qualified, 
in  their  opinion,  to  be  admitted  as  a  citizen  of  the  United  States. 

Certificate  from  the  Department. — At  the  time  of  filing  his  petition 
there  shall  be  filed  with  the  clerk  of  the  court  a  certificate  from  the 
Department  of  Commerce  and  Labor,  if  the  petitioner  arrives  in  the 
United  States  after  the  passage  of  this  act,  stating  the  date,  place,  and 
manner  of  his  arrival  in  the  United  States,  and  the  declaration  of 
intention  of  such  petitioner,  which  certificate  and  declaration  shall  be 
attached  to  and  made  a  part  of  said  petition. 


NATURALIZATION    LAWS.  597 

Third.  Declaration  in  Open  Court. — He  shall,  before  he  is  admitted 
to  citizenship,  declare  on  oath  in  open  court  that  he  will  support  the 
constitution  of  the  United  States,  and  that  he  absolutely  and  entirely 
renounces  and  abjures  all  allegiance  and  fidelity  to  any  foreign  prince, 
potentate.  State,  or  sovereignty,  and  particularly  by  name  to  the  prince, 
potentate,  State,  or  sovereignty  of  which  he  was  before  a  citizen  or 
subject ;  that  he  will  support  and  defend  the  constitution  and  laws  of 
the  United  States  against  all  enemies,  foreign  and  domestic,  and  bear 
true  faith  and  allegiance  to  the  same. 

Fourth.  Showing  Required. — It  shall  be  made  to  appear  to  the 
satisfaction  of  the  court  admitting  any  alien  to  citizenship  that  imme- 
diately preceding  the  date  of  his  application  he  has  resided  continuously 
within  the  United  States  five  years  at  least,  and  within  the  State  or 
Territory  where  such  court  is  at  the  time  held  one  year  at  least,  and 
that  during  that  time  he  has  behaved  as  a  man  of  good  moral  charac- 
ter, attached  to  the  principles  of  the  constitution  of  the  United  States, 
and  well  disposed  to  the  good  order  and  happiness  of  the  same.  In 
addition  to  the  oath  of  the  applicant,  the  testimony  of  at  least  two 
witnesses,  citizens  of  the  United  States,  as  to  the  facts  of  residence, 
moral  character,  and  attachment  to  the  principles  of  the  constitution 
shall  be  required,  and  the  name,  place  of  residence,  and  occupation  of 
each  witness  shall  be  set  forth  in  the  record. 

Fifth.  Renunciation  of  NoMlity. — In  case  the  alien  applying  to  be 
admitted  to  citizenship  has  borne  any  hereditary  title,  or  has  been  of 
any  of  the  orders  of  nobility  in  the  kingdom  or  State  from  which  he 
came,  he  shall,  in  addition  to  the  above  requisites,  make  an  express 
renunciation  of  his  title  or  order  of  nobility  in  the  court  to  which  his 
application  is  made,  and  his  renunciation  shall  be  recorded  in  the  court. 

Sixth. — Naturalizatio7i  of  Widow  and  Children. — When  any  alien  who 
has  declared  his  intention  to  become  a  citizen  of  the  United  States  dies 
before  he  is  actually  naturalized  the  widow  and  minor  children  of  such 
alien  may,  by  complying  with  the  other  provisions  of  this  act,  be 
naturalized  without  making  any  declaration  of  intention. 

§  5.  Notice  by  Clerk — ^Subpoena. — That  the  Clerk  of  any  court 
shall,  immediately  after  filing  the  petition,  give  notice  thereof  by  post- 
ing in  a  public  and  conspicuous  place  in  his  office,  or  in  the  building 
in  which  his  office  is  situated,  under  an  appropriate  heading,  the  name, 
nativity,  and  residence  of  the  alien,  the  date  and  place  of  his  arrival 
in  the  United  States,  and  the  date,  as  nearly  as  may  be,  for  the  final 
hearing  of  his  petition,  and  the  names  of  the  witnesses  whom  the 
applicant  expects  to  summon  in  his  behalf;  and  the  Clerk  shall,  if 
the  applicant  requests  it,  issue  a  subpoena  for  the  witnesses  so  named 
by  the  said  applicant  to  appear  upon  the  day  set  for  the  final  hearing, 
but  in  case  such  witnesses  cannot  be  produced  upon  the  final  hearing 
other  witnesses  may  be  summoned. 

§  6.  Petitions  may  be  Filed  During  Term  Time  or  Vacation — Final 
Action  Ninety  Days  After. — That  petitions  for  naturalization  may  be 
made  and  filed  during:  term  time  or  vacation  of  the  court  and  shall  be 


598 

docketed  the  same  day  as  filed,  but  final  action  thereon  shall  be  had  only 
on  stated  days,  to  be  fixed  by  rule  of  the  court,  and  in  no  case  shall 
final  action  be  had  upon  a  petition  until  at  least  ninety  days  have  elapsed 
after  filing  and  posting  the  notice  of  such  petition :  Provided,  that  no 
person  shall  be  naturalized  nor  shall  any  certificate  of  naturalization  be 
issued  by  any  court  within  thirty  days  preceding  the  holding  of  any 
general  election  within  its  territorial  jurisdiction.  It  shall  be  lawful, 
at  the  time  and  as  a  part  of  the  naturalization  of  any  alien,  for  the 
court,  in  its  discretion,  upon  the  petition  of  such  alien,  to  make  a  decree 
changing  the  name  of  said  alien,  and  his  certificate  of  naturalization 
shall  be  issued  to  him  in  accordance  therewith. 

§  7.  Anarchists  and  Polygamists. — That  no  person  who  disbelieves 
in  or  who  is  opposed  to  organized  government,  or  who  is  a  member 
of  or  affiliated  wuth  an}^  organization  entertaining  and  teaching  such 
disbelief  in  or  opposition  to  organized  government,  or  w^ho  advocates 
or  teaches  the  dut}^  necessity,  or  propriety  of  the  unlaw^ful  assaulting 
or  killing  of  any  officer  or  officers,  either  of  specific  individuals  or  of 
officers  generally,  of  the  government  of  the  United  States,  or  of  any 
other  organized  government,  because  of  his  or  their  official  character, 
or  who  is  a  polygamist,  shall  be  naturalized  or  be  made  a  citizen  of 
the  United  States. 

§  8.  English  Language. — That  no  alien  shall  hereafter  be  naturalized 
or  admitted  as  a  citizen  of  the  United  States  who  cannot  speak  the 
English  language :  Provided,  that  this  requirement  shall  not  apply  to 
aliens  who  are  physically  unable  to  comply  therewith,  if  they  are  other- 
wise qualified  to  become  citizens  of  the  United  States :  And  provided 
further,  that  the  requirements  of  this  section  shall  not  apply  to  any 
alien  who  has  prior  to  the  passage  of  this  act  declared  his  intention  to 
become  a  citizen  of  the  United  States  in  conformity  with  the  law  in  force 
at  the  date  of  making  such  declaration :  Provided  further,  that  the  re- 
quirements of  section  8  shall  not  apply  to  aliens  who  shall  hereafter 
declare  their  intention  to  become  citizens  and  who  shall  make  homestead 
entries  upon  the  public  lands  of  the  United  States  and  comply  in  all 
respects  with  the  laws  providing  for  homestead  entries  on  such  lands. 

§  9.  Final  Hearing. — That  every  final  hearing  upon  such  petition 
shall  be.  had  in  open  court  before  a  judge  or  judges  thereof,  and 
every  final  order  which  may  be  made  upon  such  petition  shall  be  under 
the  hand  of  the  court  and  entered  in  full  upon  a  record  kept  for  that 
purpose,  and  upon  such  final  hearing  of  such  petition  the  applicant 
and  witnesses  shall  be  examined  under  oath  before  the  court  and  in 
the  presence  of  the  court. 

§  10.  Residence,  How  Proved. — That  in  case  the  petitioner  has  not 
resided  in  the  State,  Territory,  or  district  for  a  period  of  five  years 
continuously  and  immediately  preceding  the  filing  of  his  petition  he 
may  establish  by  two  witnesses,  both  in  his  petition  and  at  the  hear- 
ing, the  time  of  his  residence  within  the  State,  provided  that  it  has  been 
for  more  than  one  year,  and  the  remaining  portion  of  his  five  years' 
residence  within  the  United  States  required  by  law  to  be  established 


NATURALIZATION    LAWS.  599 

may  be  proved  by  the  depositions  of  two  or  more  witnesses  who  are 
citizens  of  the  United  States,  upon  notice  to  the  Bureau  of  Immigra- 
tion and  Naturalization  and  the  United  States  attorney  for  the  dis- 
trict in  which  said  witnesses  may  reside. 

§  11.  Appearance  by  United  States. — That  the  United  States  shall 
have  the  right  to  appear  before  any  court  or  courts  exercising  juris- 
diction in  naturalization  proceedings  for  the  purpose  of  cross-exam- 
ining the  petitioner  and  the  witnesses  produced  in  support  of  his  peti- 
tion concerning  any  matter  touching  or  in  any  way  affecting  his  right 
to  admission  to  citizenship,  and  shall  have  the  right  to  call  witnesses, 
produce  evidence,  and  be  heard  in  opposition  to  the  granting  of  any 
petition  in  naturalization  proceedings. 

§  12.  Duty  of  Clerk  to  File  Duplicates,  etc.— That  it  is  hereby 
made  the  duty  of  the  Clerk  of  each  and  every  court  exercising  juris- 
diction in  naturalization  matters  under  the  provisions  of  this  act  to 
keep  and  file  a  duplicate  of  each  declaration  of  intention  made  before 
him  and  to  send  to  the  Bureau  of  Immigration  and  Naturalization  at 
Washington,  within  thirty  days  after  the  issuance  of  a  certificate  of 
citizenship,  a  duplicate  of  such  certificate,  and  to  make  and  keep  on 
file  in  his  office  a  stub  for  each  certificate  so  issued  by  him,  whereon 
shall  be  entered  a  memorandum  of  all  the  essential  facts  set  forth 
in  such  certificate.  It  shall  also  be  the  duty  of  the  Clerk  of  each  of 
said  courts  to  report  to  the  said  Bureau,  within  thirty  days  after  the 
final  hearing  and  decision  of  the  court,  the  name  of  each  and  every 
alien  who  shall  be  denied  naturalization,  and  to  furnish  to  said  Bureau 
duplicates  of  all  petitions  within  thirty  days  after  the  filing  of  the 
same,  and  certified  copies  of  such  other  proceedings  and  orders  insti- 
tuted in  or  issued  out  of  said  court  affecting  or  relating  to  the  natu- 
ralization of  aliens  as  may  be  required  from  time  to  time  by  the  said 
Bureau. 

Penalty  for  Neglect  or  Refusal. — In  case  any  such  Clerk  or  officer 
acting  under  his  direction  shall  refuse  or  neglect  to  comply  with  any 
of  the  foregoing  provisions  he  shall  forfeit  and  pay  to  the  United 
States  the  sum  of  twenty-five  dollars  in  each  and  every  case  in  which 
such  violation  or  omission  occurs,  and  the  amount  of  such  forfeiture 
may  be  recovered  by  the  United  States  in  an  action  of  debt  against 
such  clerk. 

Accounting  for  Blanks  Furnished. — Clerks  of  courts  having  and  exer- 
cising jurisdiction  in  naturalization  matters  shall  be  responsible  for 
all  blank  certificates  of  citizenship  received  by  them  from  time  to  time 
from  the  Bureau  of  Immigration  and  Naturalization,  and  shall  account 
for  the  same  to  the  said  Bureau  whenever  required  so  to  do  by  such 
Bureau.  No  certificate  of  citizenship  received  by  any  such  Clerk 
which  may  be  defaced  or  injured  in  such  manner  as  to  prevent  its 
use  as  herein  provided  shall  in  any  case  be  destroyed,  but  such  cer- 
tificate shall  be  returned  to  the  said  Bureau;  and  in  case  any  such 
Clerk  shall  fail  to  return  or  properly  account  for  any  certificate  fur- 
nished by  the  said  Bureau,  as  herein  provided,  he  shall  be  liable  to 


600  hillyer's  legal  manual. 

the  United  States  in  the  sum  of  fifty  dollars,  to  be  recovered  in  an 
action  of  debt,  for  each  and  every  certificate  not  properly  accounted 
for  or  returned. 

§  13.  Fees. — That  the  Clerk  of  each  and  every  court  exercising 
jurisdiction  in  naturalization  cases  shall  charge,  collect,  and  account 
for  the  following  fees  in  each  proceeding: 

For  receiving  and  filing  a  declaration  of  intention  and  issuing  a 
duplicate  thereof,  one  dollar. 

For  making,  filing,  and  docketing  the  petition  of  an  alien  for 
admission  as  a  citizen  of  the  United  States  and  for  the  final  hearing 
thereon,  two  dollars;  and  for  entering  the  final  order  and  the  issuance 
of  the  certificate  of  citizenship  thereunder,  if  granted,  two  dollars. 

Accounting  for  Fees. — The  Clerk  of  any  court  collecting  such  fees  is 
hereby  authorized  to  retain  one-half  of  the  fees  collected  by  him  in 
such  naturalization  proceeding ;  the  remaining  one-half  of  the  natural- 
ization fees  in  each  case  collected  by  snch  Clerks,  respectively,  shall 
be  accounted  for  in  their  quarterly  accounts,  which  they  are  hereby 
required  to  render  the  Bureau  of  Immigration  and  Naturalization, 
and  paid  over  to  such  Bureau  within  thirty  days  from  the  close  of 
each  quarter  in  each  and  every  fiscal  year,  and  the  moneys  so  re- 
ceived shall  be  paid  over  to  the  disbursing  clerk  of  the  Department 
of  Commerce  and  Labor,  who  shall  thereupon  deposit  them  in  the 
Treasury  of  the  United  States,  rendering  an  account  therefor  quarterly 
to  the  Auditor  for*  the  State  and  other  Departments,  and  the  said 
disbursing  clerk  shall  be  held  responsible  under  his  bond  for  said  fees 
so  received. 

Witness  Fees. — In  addition  to  the  fees  herein  required,  the  petitioner 
shall,  upon  the  filing  of  his  petition  to  become  a  citizen  of  the  United 
States,  deposit  with  and  pay  to  the  Clerk  of  the  court  a  sum  of  money 
sufficient  to  cover  the  expenses  of  subpoenaing  and  paying  the  legal 
fees  of  any  witnesses  for  whom  he  may  request  a  subpoena,  and  upon 
the  final  discharge  of  such  witnesses  they  shall  receive,  if  they  demand 
the  same  from  the  Clerk,  the  customary  and  usual  witness  fees  from 
the  moneys  which  the  petitioner  shall  have  paid  to  such  Clerk  for 
such  purpose,  and  the  residue,  if  any,  shall  be  returned  by  the  Clerk 
to  the  petitioner:  Provided,  that  the  Clerks  of  courts  exercising  juris- 
diction in  naturalization  proceedings  shall  be  permitted  to  retain  one- 
half  of  the  fees  in  any  fiscal  year  up  to  the  sum  of  three  thousand 
dollars,  and  that  all  fees  received  by  such  clerks  in  naturalization 
proceedings  in  excess  of  such  amount  shall  be  accounted  for  and  paid 
over  to  said  Bureau  as  in  case  of  other  fees  to  which  the  United 
States  may  be  entitled  under  the  provisions  of  this  act.  The  Clerks 
of  the  various  courts  exercising  jurisdiction  in  naturalization  proceed- 
ings shall  pay  all  additional  clerical  force  that  may  be  required  in 
performing  the  duties  imposed  by  this  act  upon  the  Clerks  of  courts 
from  fees  received  by  such  Clerks  in  naturalization  proceedings. 

Fees  in  Excess  of  Six  Thousand  Dollars. — And  in  case  the  Clerk  of 
any  court  exercising  naturalization  jurisdiction  collects  fees  in  excess 


NATURALIZATION    LAWS.  601 

of  the  sum  of  $6,000  in  any  fiscal  year  the  Secretary  of  Commerce 
and  Labor  may  allow  salaries,  for  naturalization  purposes  only,  to 
pay  for  clerical  assistance,  to  be  selected  and  employed  by  that  Clerk, 
additional  to  the  clerical  force,  for  which  Clerks  of  courts  are  required 
by  this  section  to  pay  from  fees  received  by  such  Clerks  in 
naturalization  proceedings,  if  in  the  opinion  of  said  Secretary  the 
naturalization  business  of  such  Clerk  warrants  further  additional 
assistance :  Provided,  that  in  no  event  shall  the  whole  amount  allowed 
the  Clerk  of  a  court  and  his  assistants  exceed  the  one-half  of  the  gross 
receipts  of  the  office  of  said  Clerk  from  naturalization  fees  during 
such  fiscal  year:  Provided,  further,  that  when,  at  the  close  of  any 
fiscal  year,  the  business  of  such  Clerk  of  court  indicates  in  the  opinion 
of  the  Secretary  of  Commerce  and  Labor  that  the  naturalization  fees 
for  the  succeeding  fiscal  year  will  exceed  $6,000,  the  Secretary  of 
Commerce  and  Labor  may  authorize  the  continuance  of  the  allowance 
of  salaries  for  the  additional  clerical  assistance  herein  provided  for 
and  employed  on  the  last  day  of  the  fiscal  year  until  such  time  as 
the  remittances  indicate  in  the  opinion  of  said  Secretary  that  the  fees 
for  the  then  current  fiscal  year  will  not  be  sufficient  to  allow  the 
additional  clerical  assistance  authorized  by  this  act. 

That  payment  for  the  additional  clerical  assistance  herein  author- 
ized shall  be  in  the  manner  and  under  such  regulations  as  the  Secre- 
tary of  Commerce  and  Labor  may  prescribe. 

§  14.  Records,  How  Bound  and  Numbered. — That  the  deelarations 
of  intention  and  the  petitions  for  naturalization  shall  be  bound  in 
chronological  order  in  separate  volumes,  indexed,  consecutively  num- 
bered, and  made  part  of  the  records  of  the  court.  Each  certificate  of 
naturalization  issued  shall  bear  upon  its  face,  in  a  place  prepared 
therefor,  the  volume  number  and  page  number  of  the  petition  whereon 
such  certificate  was  issued,  and  the  volume  number  and  page  number 
of  the  stub  of  such  certificate. 

§  15.  Suit  to  Cancel  Certificate.— That  it  shall  be  the  duty  of  the 
United  States  district  attorneys  for  the  respective  districts,  upon 
affidavit  showing  good  cause  therefor,  to  institute  proceedings  in  any 
court  having  jurisdiction  to  naturalize  aliens  in  the  judicial  district 
in  which  the  naturalized  citizen  may  reside  at  the  time  of  bringing 
the  suit,  for  the  purpose  of  setting  aside  and  canceling  the  certificate 
of  citizenship  on  the  ground  of  fraud  or  on  the  ground  that  such 
certificate  of  citizenship  was  illegally  procured.  In  an}^  such  pro- 
ceedings the  party  holding  the  certificate  of  citizenship  alleged  to 
have  been  fraudulently  or  illegally  procured  shall  have  sixty  days 
personal  notice  in  which  to  make  answer  to  the  petition  of  the  United 
States ;  and  if  the  holder  of  such  certificate  be  absent  from  the  United 
States  or  from  the  district  in  which  he  last  had  his  residence,  such 
notice  shall  be  given  by  publication  in  the  manner  provided  for  the 
service  of  summons  by  publication  or  upon  absentees  by  the  laws  of 
the  State  or  the  place  where  such  suit  is  brought. 

Return  to  Country  of  Nativity  Within  Five  Years. — If  any  alien  who 
shall  have  secured  a  certificate  of  citizenship  under  the  provisions  of 


602  hillyer's  legal  manual. 

this  act  shall,  within  five  years  after  the  issuance  of  such  certificate, 
return  to  the  country  of  his  nativity,  or  go  to  any  other  foreign  country, 
and  take  permanent  residence  therein,  it  shall  be  considered  prima  facie 
evidence  of  a  lack  of  intention  on  the  part  of  such  alien  to  become  a 
permanent  citizen  of  the  United  States  at  the  time  of  filing  his  appli- 
cation for  citizenship,  and,  in  the  absence  of  countervailing  evidence, 
it  shall  be  sufficient  in  the  proper  proceeding  to  authorize  the  can- 
cellation of  his  certificate  of  citizenship  as  fraudulent,  and  the  diplo- 
matic and  consular  officers  of  the  United  States  in  foreign  countries 
shall  from  time  to  time,  through  the  Department  of  State,  furnish  the 
Department  of  Justice  vrith  the  names  of  those  vs^ithin  their  respective 
jurisdictions  who  have  such  certificates  of  citizenship  and  who  have 
taken  permanent  residence  in  the  country  of  their  nativity,  or  in 
any  other  foreign  country,  and  such  statements,  duly  certified,  shall 
be  admiss-ible  in  evidence  in  all  courts  in  proceedings  to  cancel  cer- 
tificates of  citizenship. 

Cancellation  of  Certificate  of  Record. — Whenever  any  certificate  of 
citizenship  shall  be  set  aside  or  canceled,  as  herein  provided,  the  court 
in  which  such  judgment  or  decree  is  rendered  shall  make  an  order 
canceling  such  certificate  of  citizenship  and  shall  send  a  certified  copy 
of  sucih  order  to  the  Bureau  of  Immigration  and  Naturalization;  and 
in  case  such  certificate  was  not  originally  issued  by  the  court  making 
such  order  it  shall  direct  the  Clerk  of  the  court  to  transmit  a  copy 
of  such  order  and  judgment  to  the  court  out  of  which  such  certificate 
of  citizenship  shall  have  been  originally  issued.  And  it  shall  there- 
upon be  the  duty  of  the  Clerk  of  the  court  receiving  such  certified 
copy  of  the  order  and  judgment  of  the  court  to  enter  the  same  of 
record  and  to  cancel  such  original  certificate  of  citizenship  upon  the 
records  and  to  notify  the  Bureau  of  Immigration  and  Naturalization 
of  such  cancellation. 

The  provisions  of  this  section  shall  apply  not  only  to  certificates  of 
citizenship  issued  under  the  provisions  of  this  act,  but  to  all  certifi- 
cates of  citizenship  which  may  have  been  issued  heretofore  by  any 
court  exercising  jurisdiction  in  naturalization  proceedings  under 
prior  laws. 

§  16.      [Superseded  by  act  of  March  4,  1909.     See  post.] 

§  17.     [Superseded  by  act  of  March  4,  1909.     See  post.] 

§  18.  Wrongful  Issuance  of  Certificate  a  Felony. — That  it  is 
hereby  made  a  felony  for  any  Clerk  or  other  person  to  issue  or  be  a 
party  to  the  issuance  of  a  certificate  of  citizenship  contrary  to  the  pro- 
visions of  this  act,  except  upon  a  final  order  under  the  hand  of  a 
court  having  jurisdiction  to  make  such  order,  and  upon  conviction 
thereof  such  Clerk  or  other  person  shall  be  punished  by  imprisonment 
for  not  more  than  five  years  and  by  a  fine  of  not  more  than  $5,000,  in 
the  discretion  of  the  court. 

§  19.     [Superseded  by  act  of  March  4,  1909.     See  post.] 

§  20.  Failure  to  Account  for  Fees. — That  any  clerk  or  other  officer 
of  a  court  having  power  under  this  act  to  naturalize  aliens,  who  will- 


NATURALIZATION    LAWS.  603 

fully  neglects  to  render  true  accounts  of  moneys  received  by  him  for 
naturalization  proceedings  or  who  willfully  neglects  to  pay  over  any 
balance  of  such  moneys  due  to  the  United  States  within  thirty  days 
after  said  payment  shall  become  due  and  demand  therefor  has  been 
made  and  refused,  shall  be  deemed  guilty  of  embezzlement  of  the  pub- 
lic moneys,  and  shall  be  punishable  by  imprisonment  for  not  more  than 
five  years,  or  by  a  fine  of  not  more  than  $5,000,  or  both. 

§  21.  Unlawful  Collection  of  Fees.— That  it  shall  be  unlawful  for 
any  Clerk  of  any  court  or  his  authorized  deputy  or  assistant  exercising 
jurisdiction  in  naturalization  proceedings  to  demand,  charge,  collect, 
or  receive  any  other  or  additional  fees  or  moneys  in  naturalization  pro- 
ceedings save  the  fees  and  moneys  herein  specified;  and  a  violation  of 
any  of  the  provisions  of  this  section  or  any  part  thereof  is  hereby  de- 
clared to  be  a  misdemeanor  and  shall  be  punished  by  imprisonment  for 
not  more  than  two  years,  or  by  a  fine  of  not  more  than  $1,000,  or  by 
both  such  fine  and  imprisonment. 

§  22.  False  Certificate. — That  the  Clerk  of  any  court  exercising  ju- 
risdiction in  naturalization  proceedings,  or  any  person  acting  under 
authority  of  this  act,  who  shall  knowingly  certify  that  a  petitioner, 
affiant,  or  witness  named  in  an  affidavit,  petition,  or  certificate  of  citi- 
zenship, or  other  paper  or  writing  required  to  be  executed  under  the 
provisions  of  this  act,  personally  appeared  before  him  and  was  sworn 
thereto,  or  acknowledged  the  execution  thereof  or  signed  the  same, 
when  in  fact  such  petitioner,  affiant,  or  witness  did  not  personally 
appear  before  him,  or  was  not  sworn  thereto,  or  did  not  execute  the 
same,  or  did  not  acknowledge  the  execution  thereof,  shall  be  punished 
by  a  fine  not  exceeding  $5,000,  or  by  imprisonment  not  to  exceed  five 
years. 

§  23.  Wrongful  Procuring  of  Naturalization. — That  any  person 
who  knowingly  procures  naturalization  in  violation  of  the  provisions 
of  this  act  shall  be  fined  not  more  than  $5,000,  or  shall  be  impris- 
oned not  more  than  five  years,  or  both,  and  upon  conviction  the 
court  in  which  such  conviction  is  had  shall  thereupon  adjudge  and 
declare  the  final  order  admitting  such  person  to  citizenship  void.  Ju- 
risdiction is  hereby  conferred  on  the  courts  having  jurisdiction  of  the 
trial  of  such  offense  to  make  such  adjudication.  Any  person  who 
knowingly  aids,  advises,  or  encourages  any  person  not  entitled  thereto 
to  apply  for  or  to  secure  naturalization,  or  to  file  the  preliminary 
papers  declaring  an  intent  to  become  a  citizen  of  the  United  States,  or 
who  in  any  naturalization  proceeding  knowingly  procures  or  gives 
false  testimony  as  to  any  material  fact,  or  who  knowingly  makes  an 
affidavit  false  as  to  any  material  fact  required  to  be  proved  in  such 
proceeding,  shall  be  fined  not  more  than  $5,000,  or  imprisoned  not 
more  than  five  years,  or  both. 

§  24.  Five  Year  Limitation  on  Criminal  Proceeding. — That  no  per- 
son shall  be  prosecuted,  tried,  or  punished  for  any  crime  arising  under 
the  provisions  of  this  act  unless  the  indictment  is  found  or  the  informa- 
tion is  filed  within  five  years  next  after  the  commission  of  such  crime. 


604  iiillyer's  legal  manual. 

§  25.  Not  Retroactive. — That  for  the  purpose  of  the  prosecution 
of  all  crimes  and  offenses  against  the  naturalization  laws  of  the  United 
States  which  ma.y  have  been  committed  prior  to  the  date  when  this  act 
shall  go  into  effect,  the  existing  naturalization  laws  shall  remain  in 
full  force  and  effect. 

§  26.  Statutes  Repealed.— That  sections  2165,  2167,  2168,  2173  of 
the  Revised  Statutes  of  the  United  States  of  America,  and  section 
39  of  chapter  1012  of  the  Statutes  at  Large  of  the  United  States  of 
America  for  the  year  1903,  and  all  acts  or  parts  of  acts  inconsistent 
with  or  repugnant  to  the  provisions  of  this  act  are  hereby  repealed. 

§  27.  Forms. — That  substantially  the  following  forms  shall  be  used 
in  the  proceedings  to  which  they  relate : 

DECLARATION  OF  INTENTION. 

(Invalid  for  all  purposes  seven  years  after  the  date  hereof.) 

, — ss. 

I, ,  aged years,  occupation ,  do  declare  on 

oath  (affirm)  that  my  personal  description  is :  Color ,  complexion 

,  height   ,  weight   ,  eolor  of  hair  ,  color  of 

eyes   ,  other  visible  distinctive  marks    ;  I  was  bom  in 

on  the   ....   day  of ,  Anno  Domini   ;  I  now 

reside  at ;  I  emigrated  to  the  United  States  of  America  from 

on  the  vessel ;  my  last  foreign  residence  was 

It  is  my  hona  fide  intention  to  renounce  forever  all  allegiance  and 
fidelity  to  any  foreign  prince,  potentate,  state,  or  sovereignty,  and 

particularly  to    ,  of  which  I  am  now  a  citizen   (subject);  I 

arrived  at  the  (port)  of ,  in  the  State  (Territory  or  District) 

of   ,   on  or  about  the    ....    day  of    ,  Anno  Domini 

;  I  am  not  an  anarchist ;  I  am  not  a  polygamist  nor  a  believer 

in  the  practice  of  polygamy;  and  it  is  my  intention  in  good  faith  to 
become  a  citizen  of  the  United  States  of  America  and  to  permanently 
reside  therein.     So  help  me  God. 

(Original  signature  of  declarant)    

Subscribed  and  sworn  to  (affirmed)  before  me  this  ....  day  of 
Anno  Domini 

[L.S.] 


(Official  character  of  attestor.) 


NATURALIZATION    LAWS.  605 

PETITION  FOR  NATURALIZATION. 

Court  of 

In  the  Matter  of  the  Petition  of to  be  Admitted  as  a  Citizen 

of  the  United  States  of  America. 
To  the Court : 

The  petition  of respectfully  shows : 

First.     My  full  name  is 

Second.     My  place   of  residence  is  number    street,  city  of 

,  State  (Territory  or  District)  of 

Third.     My  occupation  is 

Fourth.     I  was  born  on  the   ....  day  of at   

Fifth.     I  emigrated  to  the  United  States  from on,  or  about 

the   ....    day  of   ,  Anno  Domini   ,  and  arrived  at  the 

port  of ,  in  the  United  States,  on  the  vessel 

Sixth.     I  declared  my  intention  to  become  a  citizen  of  the  United 
States  on  the  ....  day  of ,  at ,  in  the court  of 


Seventh.     I  am   ....   married.     My  wife's  name  is   She 

was  born  in and  now  resides  at I  have chil- 
dren, and  the  name,  date,  and  place  of  birth  and  place  of  residence  of 
each  of  said  children  is  as  follows : ;   ;  

Eighth.  I  am  not  a  disbeliever  in  or  opposed  to  organized  govern- 
ment ^r  a  member  of  or  affiliated  with  any  organization  or  body  of 
persons  teaching  disbelief  in  organized  government.  I  am  not  a 
polyo"ami«=t  nor  a  believer  in  the  practice  of  polyganiy.  I  am  attached 
to  the  nnnciples  of  the  constitution  of  the  United  States,  and  it  is  my 
intention  to  become  a  citizen  of  the  United  States  and  to  renounce 
absolnfely  and  forever  all  allegiance  and  fidelity  to  any  foreign  prince, 

potentqfe.  state,  or  sovereignty,  and  particularly  to ,  of  which 

at  this  time  I  am  a  citizen  (or  subject),  and  it  is  my  intention  to 
reside  permanently  in  the  United  States. 

Nint^.     T  am  able  to  speak  the  English  language. 

Ten^^h.  I  have  resided  continuously  in  the  United  States  of  America 
for  a  term  of  five  years  at  least  immediately  preceding  the  date  of  this 

petition,  to  wit,  since   ,  Anno  Domini   ,  and  in  the  State 

(Territ'^rv  or  District)  of for  one  year  at  least  next  preceding 

the  date  of  this  petition,  to  wit,  since    ....    day  of   ,  Anno 

Domini 

Eleventh.     I  have  not  heretofore  made  petition  for  citizenship  to  any 

court.     (I   made    petition    for    citizenship    to    the    court    of 

at   ,  and  the  said  petition  was  denied  by  the  said 

court  for  the  following  reasons  and  causes,  to  wit, ,  and  the 

cause  of  such  denial  has  since  been  cured  or  removed.) 

Attached  hereto  and  made  a  part  of  this  petition  are  my  declaration 
of  intention  to  become  a  citizen  of  the  United  States  and  the  certifi- 
cate from  the  Department  of  Commerce  and  Labor  required  by  law. 


606  hillyer's  legal  manual. 

Wherefore  your  petitioner  prays  that  he  may  be  admitted  a  citizen 
of  the  United  States  of  America, 

Dated   

(Signature  of  petitioner)    

, — ss. 

,  being  duly  sworn,  deposes  and  says  that  he  is  the  peti- 
tioner in  the  above-entitled  proceeding ;  that  he  has  read  the  foregoing 
petition  and  knows  the  contents  thereof;  that  the  same  is  true  of  his 
own  knowledge,  except  as  to  matters  therein  stated  to  be  alleged  upon 
information  and  belief,  and  that  as  to  those  matters  he  believes  it  to 
be  true. 

Subscribed  and  sworn  to  before  me  this  ....  day  of ,  Anno 

Domini  

[L.  S.]  , 

Clerk  of  the Court. 

AFFIDAVIT  OF  WITNESSES. 

Court  of 

In  the  Matter  of  the  Petition  of to  be  Admitted  a  Citizen 

of  the  United  States  of  America. 

, — ss. 

,  occupation ,  residing  at ,  and , 

occupation ,  residing  at ,  each  being  severally,  duly, 

and  respectively  sworn,  deposes  and  says  that  he  is  a  citizen  of  the 

United  States  of  America ;  that  he  has  personally  known , 

the  petitioner  above  mentioned,  to  be  a  resident  of  the  United  States 
for  a  period  of  at  least  five  years  continuously  immediately  preceding 
the  date  of  filing  his  petition,  and  of  the  State  (Territory  or  District) 

in  which  the  above-entitled  application  is  made  for  a  period  of 

years  immediately  preceding  the  date  of  filing  his  petition;  and  that 
he  has  personal  knowledge  that  the  said  petitioner  is  a  person  of  good 
moral  character,  attached  to  the  principles  of  the  constitution  of  the 
United  States,  and  that  he  is  in  every  way  qualified,  in  his  opinion,  to 
be  admitted  as  a  citizen  of  the  United  States. 


Subscribed  and  sworn  to  before  me  this  ....  day  of ,  nine- 
teen hundred  and   

[L.  S.]  , 

(Official  character  of  attestor.) 

CERTIFICATE  OF  NATURALIZATION. 

Number 

Petition,  volume ,  page 

Stub,  volume ,  page 

(Signature  of  holder)   

Description  of  holder :  Age,   ;  height,   ;  color,   ; 

complexion, ;  color  of  eyes, ;  color  of  hair, ;  visi- 


NATURALIZATION    LAWS.  607 

ble  distinguishing  marks, Name,  age,  and  place  of  residence 

of  wife, , , Names,  ages,  and  places  of  residence 

of  minor  children, , , 

, — ss. 

Be  it  remembered,  that  at  a    term  of  the    court  of 

,  held  at on  the  ....  day  of ,  in  the  year  of 

our  Lord  nineteen  hundred  and ,   ,  who  previous  to 

his    (her)   naturalization  was  a  citizen    (or  subject)    of    ,   at 

present   residing   at   number    street,    city 

(town),    State    (Territory  or  District),  having   applied  to  be 

admitted  a  citizen  of  the  United  States  of  America  pursuant  to  law, 
and  the  court  having  found  that  the  petitioner  had  resided  continu- 
ously within  the  United  States  for  at  least  five  years  and  in  this  State 
for  one  year  immediately  preceding  the  date  of  the  hearing  of  his  (her) 
petition,  and  that  said  petitioner  intends  to  reside  permanently  in  the 
United  States,  had  in  all  respects  complied  with  the  law  in  relation 
thereto,  and  that  .  .he  was  entitled  to  be  so  admitted,  it  was  thereupon 
ordered  by  the  said  court  that  .  .he  be  admitted  as  a  citizen  of  the 
United  States  of  America. 

In  testimony  whereof  the  seal  of  said  court  is  hereunto  affixed  on 

the   ....   day  of ,  in  the  year  of  our  Lord  nineteen  hundred 

and and  of  our  independence  the 

[L-  S.]  , 

(Official  character  of  attestor.) 

STUB  OF  CERTIFICATE  OF  NATURALIZATION. 

No.  of  certificate, 

Name ;  age, 

Declaration  of  intention,  volume ,  page 

Petition,  volume ,  page  

Name,  age,  and  place  of  residence  of  wife,   ,   ....,.,  

Names,   ages,    and  places   of   residence   of  minor   children,    , 


Date  of  order,  volume ,  page , 

(Signature  of  holder)    

§  28.  Secretary  of  Commerce  and  Labor  to  Make  Rules. — That  the 
Secretary  of  Commerce  and  Labor  shall  have  power  to  make  such  rules 
and  regulations  as  may  be  necessary  for  properly  carrying  into  exe- 
cution the  various  provisions  of  this  act.  Certified  copies  of  all  papers, 
documents,  certificates,  and  records  required  to  be  used,  filed,  recorded, 
or  kept  under  any  and  all  of  the  provisions  of  this  act  shall  be  admitted 
in  evidence  equally  with  the  originals  in  any  and  all  proceedings  under 
this  act  and  in  all  cases  in  which  the  originals  thereof  might  be  admis- 
sible as  evidence. 

§  29.  Appropriation. — That  for  the  purpose  of  carrying  into  effect 
the  provisions  of  this  act  there  is  hereby  appropriated  the  sum  of  one 
hundred  thousand  dollars,  out  of  any  moneys  in  the  Treasury  of  the 
United  States  not  otherwise  appropriated,  which  appropriation  shall 
be  in  full  for  the  objects  hereby  expressed  until  June  thirtieth,  nine- 


608 

teen  hundred  and  seven;  and  the  provisions  of  section  3679  of  the 
Revised  Statutes  of  the  tjnited  States  shall  not  be  applicable  in  any 
way  to  this  appropriation. 

§  30.  Naturalization  of  Persons  not  Citizens  Who  Owe  Permanent 
Allegiance  to  the  United  States. — That  all  the  applicable  provisions  of 
the  naturalization  laws  of  the  United  States  shall  apply  to  and  be  held 
to  authorize  the  admission  to  citizenship  of  all  persons  not  citizens  who 
owe  permanent  allegiance  to  the  United  States,  and  who  may  become 
residents  of  any  State  or  organized  Territory  of  the  United  States,  with 
the  following  modifications:  The  applicant  shall  not  be  required  to 
renounce  allegiance  to  any  foreign  sovereignty;  he  shall  make  his  dec- 
laration of  intention  to  become  a  citizen  of  the  United  States  at  least 
two  years  prior  to  his  admission;  and  residence  within  the  jurisdic- 
tion of  the  United  States,  owing  such  permanent  allegiance,  shall  be 
regarded  as  residence  within  the  United  States  within  the  meaning  of 
the  five  years'  residence  clause  of  the  existing  law. 

§  31.  Act,  When  Effective.— That  this  act  shall  take  effect  and  be 
in  force  from  and  after  ninety  days  from  the  date  of  its  passage :  Pro- 
vided, that  sections  1,  2,  28,  and  29  shall  go  into  effect  from  and  after 
the  passage  of  this  act. 

Naturalization  of  the  Wife  and  Minor  Children  of  Insane  AUens 
Making  Homestead  Entries  Under  the  Land  Laws  of  the  United  States. 
When  any  alien,  who  has  declared  his  intention  to  become  a  citizen 
of  the  United  States,  becomes  insane  before  he  is  actually  naturalized, 
and  his  wife  shall  thereafter  make  a  homestead  entry  under  the  land 
laws  of  the  United  States,  she  and  their  minor  children  may,  by  com- 
plying with  the  other  provisions  of  the  naturalization  laws,  be  nat- 
uralized without  making  any  declaration  of  intention.  (Act  of  Febru- 
ary 24,  1911.) 

Citizenship  of  Women  by  Marriage. — Any  woman  who  is  now  or  may 
hereafter  be  married  to  a  citizen  of  the  United  States,  and  who  might 
herself  be  lawfully  naturalized,  shall  be  deemed  a  citizen.     (R.  S.  1994.) 

Honorably  Discharged  Soldiers  Exempt  from  Certain  Formalities. — 
Any  alien,  of  the  age  of  twenty-one  years  and  upward,  who  has  en- 
listed, or  may  enlist,  in  the  armies  of  the  United  States,  either  the 
regular  or  the  volunteer  forces,  and  has  been,  or  may  be  hereafter, 
honorably  discharged,  shall  be  admitted  to  become  a  citizen  of  the 
United  States,  upon  his  petition,  without  any  previous  declaration  of 
his  intention  to  become  such;  and  he  shall  not  be  required  to  prove 
more  than  one  year's  residence  within  the  United  States  previous  to 
his  application  to  become  such  citizen;  and  the  court  admitting  such 
alien  shall,  in  addition  to  such  proof  of  residence  and  good  moral  char- 
acter, as  now  provided  by  law,  be  satisfied  by  competent  proof  of  such 
person's  having  been  honorably  discharged  from  the  service  of  the 
United  States.     (R.  S.  2166.) 

Aliens  of  African  Nativity  and  Descent. — The  provisions  of  this  title 
shall  apply  to  aliens  being  free  white  persons,  and  to  aliens  of  African 
nativity  and  to  persons  of  African  descent.     (R.  S.  2160.) 


NATURALIZATION    LAWS.  609 

Residence  Within  the  United  States  Required  for  Five  Years  Con- 
tinuously.— No  alien  shall  be  admitted  to  become  a  citizen  who  has  not 
for  the  continued  term  of  five  yeans  next  preceding  his  admission  re- 
sided within  the  United  States.     (R.  S.  2170.) 

Naturalization  to  Alien  Enemies  Prohibited. — No  alien  who  is  a 
native  citizen  or  subject,  or  a  denizen  of  any  country,  State,  or  sover- 
eignty with  which  the  United  States  are  at  war,  at  the  time  of  his 
application,  shall  be  then  admitted  to  become  a  citizen  of  the  United 
States;  but  persons  resident  within  the  United  States,  or  the  Terri- 
tories thereof,  on  the  eighteenth  day  of  June,  in  the  year  1812,  who 
had  before  that  day  made  a  declaration,  according  to  law,  of  their  in- 
tention to  become  citizens  of  the  United  States,  or  who  were  on  that 
day  entitled  to  become  citizens  without  making  such  declaration,  m^y 
be  admitted  to  become  citizens  thereof,  notwithstanding  they  were 
alien  enemies  at  the  time  and  in  the  manner  prescribed  by  the  laws 
heretofore  passed  on  that  subject ;  nor  shall  anything  herein  contained 
be  taken  or  construed  to  interfere  with  or  prevent  the  apprehension 
and  removal,  agreeably  to  law,  of  any  alien  enemy  at  any  time  previous 
to  the  actual  naturalization  of  such  alien.      (R.  S.  2171.) 

Children  of  Persons  Naturalized  Under  Certain  Laws  to  be  Citizens. 
The  children  of  persons  who  have  been  duly  naturalized  under  any 
law  of  the  United  States,  or  who,  previous  to  the  passing  of  any  law 
on  that  subject,  by  the  government  of  the  United  States,  may  have  be- 
come citizens  of  any  one  of  the  States,  under  the  laws  thereof,  being 
under  the  age  of  twenty-one  years  at  the  time  of  the  naturalization  of 
their  parents,  shall,  if  dwelling  in  the  United  States,  be  considered  as 
citizens  thereof;  and  the  children  of  the  persons  who  now  are,  or  have 
been,  citizens  of  the  United  States,  shall,  though  born  out  of  the  limits 
and  jurisdiction  of  the  United  States,  be  considered  as  citizens  thereof; 
but  no  person  heretofore  proscribed  by  any  State,  or  who  has  been 
legally  convicted  of  having  joined  the  army  of  Great  Britain  during 
the  Revolutionary  War,  shall  be  admitted  to  become  a  citizen  without 
the  consent  of  the  les^islature  of  the  State  in  which  such  person  was 
proscribed.      (R.  S.  2172.) 

Alien  Seamen  of  Merchant  Vessels. — Every  seaman,  being  a  for- 
eigner, who  declares  his  intention  of  becoming  a  citizen  of  the  United 
States  in  any  competent  court,  and  shall  have  served  three  years  on 
board  of  a  merchant  vessel  of  the  United  States  subsequent  to  the  date 
of  such  declaration,  may,  on  his  application  to  any  competent  court, 
and  the  production  of  his  certificate  of  discharge  and .  good  conduct 
during  that  time,  together  with  the  certificate  of  his  declaration  of 
intention  to  become  a  citizen,  be  admitted  a  citizen  of  the  United 
States;  and  every  seaman,  being  a  foreigner,  shall,  after  his  declara- 
tion of  intention  to  become  a  citizen  of  the  United  States,  and  after 
he  shall  have  served  such  three  years,  be  deemed  a  citizen  of  the  United 
States  for  the  purpose  of  manning  and  serving  on  board  any  merchant 
vessel  of  the  United  States,  anything  to  the  contrary  in  any  act  of  Con- 
gress notwithstanding ;  but  such  seaman  shall,  for  all  purposes  of  pro- 
39 


610 

tection  as  an  American  citizen,  be  deemed  such,  after  the  filing  of  his 
declaration  of  intention  to  become  such  citizen.     (R.  S.  2174.) 

Naturalization  of  Chinese  Prohibited. — Hereafter  no  State  court  or 
court  of  the  United  States  shall  admit  Chinese  to  citizenship;  and  all 
laws  in  conflict  with  this  act  are  hereby  repealed.  (Act  of  May  6, 
1882.) 

Aliens  Honorably  Discharged  from  Service  in  Navy  or  Marine  Corps. 
Any  alien  of  the  age  of  twenty-one  years  and  upw^ard  who  has  enlisted 
or  may  enlist  in  the  United  States  Navy  or  Marine  Corps,  and  has 
served  or  may  hereafter  serve  five  eonsecutive  years  in  the  United 
States  Navy  or  one  enlistment  in  the  United  States  Marine  Corps,  and 
has  been  or  may  hereafter  be  honorably  discharged,  shall  be  admitted 
to  become  a  citizen  of  the  United  States  upon  his  petition,  without  any 
previous  declaration  of  his  intention  to  become  such ;  and  the  court 
admitting  such  alien  shall,  in  addition  to  proof  of  good  moral  charac- 
ter, be  satisfied  by  competent  proof  of  such  person's  service  in  and 
honorable  discharge  from  the  United  States  Navy  or  Marine  Corps. 
(Act  of  July  6,  1894.) 

Certain  Certificates  of  Naturalization  Validated. — Naturalization  cer- 
tificates issued  after  the  act  approved  March  3,  1903,  entitled  "An  act 
to  regulate  the  immigration  of  aliens  into  the  United  States,"  went 
into  effect,  which  fail  to  show  that  the  courts  issuing  said  certificates 
complied  with  the  requirements  of  section  39  of  said  act,  but  which 
w^ere  otherwise  lawfully  issued,  are  hereby  declared  to  be  as  valid  as 
though  said  certificates  complied  with  said  section:  Provided,  that  in 
all  such  cases  applications  shall  be  made  for  new^  naturalization  certifi- 
cates, and  when  the  same  are  granted,  upon  eomipliance  with  the  pro- 
visions of  said  act  of  1903,  they  shall  relate  back  to  the  defective  cer- 
tificates, and  citizenship  shall  be  deemed  to  have  been  perfected  at  the 
date  of  the  defective  certificate.     (34  Stats,  at  Large,  630.) 

Criminal  Court  of  Cook  County,  Illinois. — All  the  records  relating  to 
naturalization,  all  declarations  of  intention  to  become  citizens  of  the 
United  States,  and  all  certificates  of  naturalization  filed,  recorded,  or 
issued  prior  to  the  time  when  this  act  takes  effect  in  or  from  the  crimi- 
nal court  of  Cook  County,  Illinois,  shall  for  all  purposes  be  deemed  to 
be  and  to  have  been  made,  filed,  recorded,  or  issued  by  a  court  with 
jurisdiction  to  naturalize  aliens,  but  shall  not  be  by  this  act  further 
validated  or  legalized.     (34  Stats,  at  Large,  630.) 

Louisville  City  Court. — All  of  the  records  relating  to  naturalization 
or  declarations  of  intention  to  become  citizens  of  the  United  States 
and  all  certificates  of  naturalization  filed,  recorded,  or  issued  prior  to 
an  act  to  validate  certain  certificates  of  naturalization  approved  June 
29,  1906,  in  or  from  the  Louisville  city  court,  sometimes  called  the 
Louisville  police  court,  Kentucky,  shall  for  all  purposes  be  deemed  to 
be  and  to  have  been  made,  filed,  recorded,  or  issued  by  a  court  with 
jurisdiction  to  naturalize  aliens,  but  shall  not  be  by  this  act  further 
validated  or  legalized.     (Act  of  August  24,  1912.) 


NATURALIZATION    LAWS.  611 

Forging,  or  Counterfeiting  Certificate  of  Citizenship. — Whoever  shall 
falsely  make,  forge,  or  counterfeit,  or  cause  or  procure  to  be  falsely 
made,  forged,  or  counterfeited,  or  shall  knowingly  aid  or  assist  in 
falsely  making,  forging,  or  counterfeiting  any  certificate  of  citizenship, 
with  intent  to  use  the  same,  or  with  the  intent  that  the  same  may  be 
used  by  some  other  person,  shall  be  fined  not  more  than  ten  thousand 
dollars,  or  imprisoned  not  more  than  ten  years,  or  both.  (35  Stats,  at 
Large,  1088.) 

Engraving  and  Possession  of  Plates  and  Paper. — Whoever  shall  en- 
grave, or  cause  or  procure  to  be  engraved,  or  assist  in  engraving,  any 
plate  in  the  likeness  of  any  plate  designed  for  the  printing  of  a  cer- 
tificate of  citizenship ;  or  whoever  shall  sell  any  such  plate,  or  shall 
bring  into  the  United  States  from  any  foreign  place  any  such  plate, 
except  under  the  direction  of  the  Secretary  of  Commerce  and  Labor 
or  other  proper  officer;  or  whoever  shall  have  in  his  control,  custody, 
or  possession  any  metallic  plate  engraved  after  the  similitude  of  any 
plate  from  which  any  such  certificate  has  been  printed,  with  intent  to 
use  or  to  suffer  such  plate  to  be  used  in  forging  or  counterfeiting  any 
such  certificate  or  any  part  thereof;  or  whoever  shall  print,  photo- 
graph, or  in  any  manner  cause  to  be  printed,  photographed,  made,  or 
executed,  any  print  or  impression  in  the  likeness  of  any  such  certifi- 
cate, or  any  part  thereof;  or  whoever  shall  sell  any  such  certificate,  or 
shall  bring  the  same  into  the  United  States  from  any  foreign  place, 
except  by  direction  of  some  proper  officer  of  the  United  States;  or 
whoever  shall  have  in  his  possession  a  distinctive  paper  which  has  been 
adopted  by  the  proper  officer  of  the  United  States  for  the  printing  of 
such  certificate,  with  intent  unlawfully  to  use  the  same,  shall  be  fined 
not  more  than  ten  thousand  dollars,  or  imprisoned  not  more  than  ten 
years,  or  both.     (35  Stats,  at  Large,  1088.) 

False  Personations. — Whoever,  when  applying  to  be  admitted  a  citi- 
zen, or  when  appearing  as  a  witness  for  any  such  person,  shall  know- 
ingly personate  any  person  other  than  himself,  or  shall  falsely  appear 
in  the  name  of  a  deceased  person,  or  in  an  assumed  or  fictitious  name ; 
or  whoever  shall  falsely  make,  forge,  or  counterfeit  any  oath,  notice, 
affidavit,  certificate,  order,  record,  signature,  or  other  instrument, 
paper,  or  proceeding  required  or  authorized  by  any  law  relating  to  or 
providing  for  the  naturalization  of  aliens;  or  whoever  shall  utter,  sell, 
dispose  of,  or  shall  use  as  true  or  genuine,  for  any  unlawful  purpose, 
any  false,  forged,  antedated,  or  counterfeit  oath,  notice,  certificate, 
order,  record,  signature,  instrument,  paper,  or  proceeding  above  speci- 
fied ;  or  whoever  shall  sell  or  dispose  of  to  any  person  other  than  the 
person  for  whom  it  was  originally  issued  any  certificate  of  citizenship 
or  certificate  showing  any  person  to  be  admitted  a  citizen,  shall  be  fined 
not  more  than  $1,000,  or  imprisoned  not  more  than  five  years,  or  both. 
(35  Stats,  at  Large,  1088.) 

False  Use  of  Certificate  of  Naturalization. — Whoever  shall  use  or 
attempt  to  use,  or  shall  aid,  assist,  or  participate  in  the  use  of  any  cer- 
tificate of  citizenship,  knowing  the  same  to  be  forged,  counterfeit,  or 


612 

antedated,  or  knowing  the  same  to  have  been  procured  by  fraud  or 
otherwise  unlawfully  obtained;  or  whoever,  without  lawful  excuse, 
shall  knowingly  possess  any  false,  forged,  antedated,  or  counterfeit 
certificate  of  citizenship  purporting  to  have  been  issued  under  any 
law  of  the  United  States  relating  to  naturalization,  knowing  such  cer- 
tificate to  be  false,  forged,  antedated,  or  counterfeit,  with  the  intent 
unlawfully  to  use  the  same ;  or  whoever  shall  obtain,  accept,  or  receive 
any  certificate  of  citizenship,  knowing  the  same  to  have  been  procured 
by  fraud  or  by  the  use  or  means  of  any  false  name  or  statement  given 
or  made  with  the  intent  to  procure,  or  to  aid  in  procuring,  the  issuance 
of  such  certificate,  or  knowing  the  same  to  have  been  fraudulently 
altered  or  antedated ;  or  whoever,  without  lawful  excuse,  shall  have  in 
his  possession  any  blank  certificate  cf  citizenship  provided  by  the 
Bureau  of  Immigration  and  Naturalization  with  the  intent  unlawfully 
to  use  the  same ;  or  whoever,  after  having  been  admitted  to  be  a  citizen, 
shall,  on  oath  or  by  affidavit,  knowingly  deny  that  he  has  been  so  ad- 
mitted, w^ith  the  intent  to  evade  or  avoid  any  duty  or  liability  imposed 
or  required  by  law,  shall  be  fined  not  more  than  one  thousand  dollars, 
or  imprisoned  not  more  than  five  years,  or  both.  (35  Stats,  at  Large, 
1088.) 

Use  of  Document  Unlawfully  Made. — Whoever  shall  in  any  manner 
use,  for  the  purpose  of  registering  as  a  voter,  or  as  evidence  of  a  right 
to  vote,  or  otherwise  unlawfully,  any  order,  certificate  of  citizenship, 
or  certificate,  judgment,  or  exemplification,  showing  any  person  to  be 
admitted  to  be  a  citizen,  whether  heretofore  or  hereafter  issued  or 
made,  knowing  that  such  order,  certificate,  judgment,  or  exemplifica- 
tion has  been  unlawfully  issued  or  made ;  or  whoever  shall  unlawfully 
use,  or  attempt  to  use,  any  such  order  or  certificate,  issued  to  or  in  the 
name  of  any  other  person,  or  in  a  fictitious  name,  or  the  name  of  a  de- 
ceased person,  shall  be  fined  not  more  than  $1,000,  or  imprisoned 
not  more  than  five  years,  or  both.     (35  Stats,  at  Large,  1088.) 

Use  of  Certificate  Granted  by  Fraud — False  Representation  as  to 
Citizenship. — Whoever  shall  knowingly  use  any  certificate  of  naturali- 
zation heretofore  or  which  hereafter  may  be  granted  by  any  court, 
which  has  been  or  may  be  procured  through  fraud  or  by  false  evidence, 
or  which  has  been  or  may  hereafter  be  issued  by  the  clerk  or  any  other 
officer  of  the  court  without  any  appearance  and  hearing  of  the  appli- 
cant in  court  and  without  lawful  authority ;  or  whoever,  for  any  fraud- 
ulent purpose  whatever,  shall  falsely  represent  himself  to  be  a  citizen 
of  the  United  States  without  having  been  duly  admitted  to  citizenship, 
shall  be  fined  not  more  than  $1,000,  or  imprisoned  not  more  than  two 
years,  or  both.     (35  Stats,  at  Large,  1088.) 

Perjury. — Whoever,  in  any  proceeding  under  or  by  virtue  of  any  law 
relating  to  the  naturalization  of  aliens,  shall  knowingly  swear  falsely 
in  any  case  where  an  oath  is  made  or  affidavit  taken,  shall  be  fined  not 
more  than  $1,000  and  imprisoned  not  more  than  five  years.  (35  Stats, 
at  Large,  1088.) 

Foregoing  Proceedings  Apply  in  All  Courts. — The  provisions  of  the 
five  sections  last  preceding  shall  apply  to  all  proceedings  had  or  taken. 


NATURALIZATION  LAWS  AND  REGULATIONS.  613 

or  attempted  to  be  had  or  taken,  before  any  court  in  which  any  pro- 
ceeding for  naturalization  may  be  commenced  or  attempted  to  be  com- 
menced, and  whether  such  court  was  vested  by  law  with  jurisdiction 
in  naturalization  proceedings  or  not.     (35  Stats,  at  Large,  1088.) 

NATURALIZATION  REGULATIONS. 

1.  Naturalization  Jurisdiction  of  State  Courts. — Since  September 
26,  1906,  naturalization  jurisdiction  of  State  courts  is  confined  to  such 
as  have  "a  seal,  a  Clerk,  and  jurisdiction  in  actions  at  law  or  equity, 
or  law  and  equity,  in  which  the  amount  in  controversy  is  unlimited." 

2.  Alien  Declaring  Prior  to  September  27,  1906. — Any  alien  who 
prior  to  September  27,  1906,  has  declared  his  intention  in  conformity 
with  the  law  in  force  at  the  date  of  his  declaration,  shall  not  be  re- 
quired to  renew  such  declaration. 

3.  Aliens  Declaring  After  June  29,  1906,  and  Prior  to  September  27, 
1906. — Aliens  who  lawfully  declared  their  intention  on  and  after  June 
29,  1906,  and  prior  to  September  27,  1906,  must  comply  with  all  of  the 
requirements  of  the  naturalization  act  of  June  29,  1906,  in  petitioning 
for  naturalization. 

Aliens  Declaring  Prior  to  June  29,  1906. — Aliens  who  declared  their 
intention  prior  to  June  29,  1906,  in  accordance  with  the  requirements 
of  law,  must  comply  with  all  of  the  requirements  of  the  naturalization 
act  of  June  29,  1906,  in  petitioning  for  naturalization,  except  that  they 
will  not  be  required  to  sign  their  petitions  in  their  own  handwriting, 
or  to  speak  the  English  language. 

4.  Alien  Declaring  After  June  29,  1906. — Any  alien  who  declares  his 
intention  after  June  29,  1906,  and  files  his  petition  thereon,  must  sign 
said  petition  in  his  own  handwriting,  and  must  be  able  to  speak  the 
English  language,  unless  excepted  by  the  provisos  in  section  8  of  the 
naturalization  act.  If  an  alien  is  physically  unable  to  speak,  that  fact 
should  be  stated  in  his  petition  in  lieu  of  the  statement,  ''I  am  able  to 
speak  the  English  language. ' '  Aliens  who  arrive  in  the  United  States 
before  reaching  eighteen  years  of  age  cannot  obtain  citizenship  without 
making  declaration  of  intention,  which  may  be  made  at  the  place  of 
their  established  residence  after  reaching  that  age. 

5.  Blank  Forms— "Facts  for  Declaration  of  Intention" — ''Facts  for 
Petition  for  Naturalization." — Blank  forms  ''Facts  for  declaration  of 
intention"  (Form  2213)  and  "Facts  for  petition  for  naturalization" 
(Form  2214)  are  provided  Clerks  of  courts  for  the  preliminary  use  of 
persons  making  declaration  of  intention  or  petition  for  naturalization, 
and  may  be  taken  away  from  the  office  of  the  Clerk  in  order  that  the 
information  called  for  may  be  obtained  in  full.  When  either  of  said 
forms  is  returned  to  the  Clerk  he  shall  examine  it  to  see  that  all  the 
information  required  is  furnished  before  proceeding  to  make  out  a  dec- 
laration or  petition. 

In  all  cases  where  aliens  have  arrived  in  this  country  after  June  29, 
1906,  they  should  be  given  the  form,  "Application  for  certificate  of 
arrival,"  Form  2226,  at  the  time  they  desire  to  file  petitions  for  nat- 
uralization, instead  of  Form  2214.     This  application  has  attached  to  it 


614  hillyer's  legal  manual. 

the  facts  required  in  a  petition  for  naturalization.  The  application 
and  other  blanks  on  the  form  should  all  be  carefully  filled  out  by  the 
alien  and  mailed  to  the  Chief  of  the  Division  of  Naturalization  to  en- 
able him  to  obtain  and  transmit  the  required  certificate  of  arrival  to 
the  Clerk  of  court  for  filing  with  the  petition.  The  Clerk  of  the  court 
should  not  commence  the  ex;ecution  of  the  petition  until  he  has  received 
the  certificate  of  arrival. 

6.  Declarations  of  Intention  Furnished  in  Bound  Volumes. — Declara- 
tions of  intention  will  be  furnished  in  bound  volumes  (Form  2202,  50 
leaves;  2202A,  150  leaves;  or  2202B,  250  leaves),  as  a  court  record, 
varied  in  number  of  pages  according  to  the  requirements  of  the  court. 
In  addition  to  the  bound  records,  the  duplicate  and  triplicate  declara- 
tions of  intention  (Form  2203)  will  be  furnished  as  loose  sheets 
attached  together  and  perforated,  so  that  they  can  be  readily  torn 
apart,  the  triplicate  to  be  given  to  the  declarant  and  the  duplicate 
to  be  forwarded  to  the  Bureau  of  Immigration  and  Naturalization 
(Division  of  Naturalization).  Each  bound  record  will  contain  an 
index  in  addition  to  the  original  declarations  of  intention,  and  will 
be  paged  in  consecutive  order.  At  the  time  the  original  declarations 
of  intention  in  the  bound  volumes  are  filled  out  and  signed  the  names 
of  the  declarants  must  be  entered  in  the  index.  The  declarations 
sihall  be  numbered  consecutively,  beginning  with  No.  1  in  volume  1 
and  continuing  the  sequence  from  volume  to  volume. 

7.  Originals  of  the  Petitions  for  Naturalization. — The  originals  of 
the  petitions  for  naturalization  w^ill  also  be  furnished  in  bound  volumes 
(Form  2204,  100  leaves,  or  2204B,  250  leaves)  paged  in  consecutive 
order  and  provided  with  an  index.  The  duplicate  petitions  (Form 
2205)  will  be  furnished  as  loose  sheets,  and  when  executed  must  be 
forwarded  to  the  Bureau  of  Immigration  and  Naturalization  (Division 
of  Naturalization)  by  registered  mail,  as  provided  in  Rule  22  of  these 
regulations.  The  original  petitions  for  naturalization  in  the  bound 
volumes  must  be  filled  out  and  signed,  the  names  of  the  petitioners 
entered  in  the  index,  and  retained  as  part  of  the  permanent  records 
of  the  office  in  which  filed.  Petitions  shall  be  numbered  consecutively, 
beginning  with  No.  1  in  volume  1  and  continuing  in  order  in  the  fol- 
lowing volumes.  The  first  petition  in  volume  2  must  not  be  numbered 
"1,"  but  shall  receive  the  number  following  that  given  the  last  peti- 
tion in  volume  1. 

8.  Certificates  of  Naturalization. — Certificates  of  naturalization 
(Form  2207)  will  be  supplied  in  bound  volumes  consisting  of  original 
and  duplicate  certificates  and  stubs.  Each  original  and  duplicate  cer- 
tificate and  the  stub  will  be-  given  the  same  serial  number,  the  stub 
to  the  original  certificate  bearing  a  page  number  in  addition  to  its 
serial  number.  Each  book  w^ll  bear  a  volume  number,  and  the  volume 
number  and  page  of  the  stub  must  be  given  on  the  face  of  the  cer- 
tificate. The  original  certificate  will  be  given  to  the  petitioner  in 
accordance  with  the  final  order  of  the  court,  and  the  duplicate  shall 
be  forwarded  to  the  Bureau  of  Immigration  and  Naturalization 
(Division  of  Naturalization)  by  registered  mail,  as  provided  in  Rule 
22  of  these  regulations,  the  stub  to  the  original  constituting  a  part 


NATURALIZATION    REGULATIONS.  615 

of  the  permanent  records  of  the  court.  The  bound  volumes,  contain- 
ing the  declarations,  petitions,  and  certificates,  constitute  the  "records" 
and  dockets  required  by  sections  6  and  14  of  the  naturalization  act. 
The  Department  requires  no  other  dockets  to  be  kept. 

9.  Certificate  of  Naturalization  Issued  After  Judge  has  Signed  Order. 
No  certificate  of  naturalization  shall  be  issued  to  a  petitioner  until 
after  the  judge  of  the  court  granting  naturalization  has  signed  the 
order  to  that  effect. 

10.  Requisition  Blanks. — Clerks  of  courts  will  be  furnished  with 
requisition  blanks  (Form  2201)  on  which  are  listed,  by  number  and 
title,  all  blank  forms,  including  record  and  order  books,  to  be  used  in 
the  naturalization  of  aliens,  and  these  forms  must  be  obtained  exclu- 
sively from  the  Department  of  Commerce  and  Labor  (Division  of 
Naturalization),  none  other  being  official.  Manila  envelopes  or  jackets 
(Form  2211)  will  be  furnished  to  Clerks  in  which  to  place  the  tripli- 
cate declaration  of  intention  or  the  original  certificate  of  naturalization 
before  delivering  it  to  the  person  making  the  declaration  or  to  the  per- 
son naturalized. 

11.  First  Supply  of  Blank  Forms — Certificate  of  Attorney  General 
of  State. — The  first  supply  of  blank  forms  will  be  furnished  upon  the 
written  application  of  the  Clerks  of  courts  having  jurisdiction  to 
naturalize  aliens,  accompanied,  in  the  case  of  Clerks  of  State  courts, 
by  authoritative  evidence  (preferably  the  certificate  of  the  Attorney 
General  of  the  State)  that  the  courts  of  which  such  Clerks  are  officers 
have  ''a  seal,  a  Clerk,  and  jurisdiction  in  actions  at  law  or  equity,  or 
law  and  equity,  in  which  the  amount  in  controversy  is  unlimited." 
Subsequent  supplies  of  such  blank  forms  will  be  furnished  the  Clerks 
of  courts  having  jurisdiction  to  naturalize  aliens  upon  the  receipt  by 
the  Bureau  of  Immigration  and  Naturalization  (Division  of  Natural- 
ization) of  requisitions  made  on  Form  2201. 

12.  Application  for  Blank  Forms. — Clerks  of  courts  when  first  mak- 
ing application  to  the  Bureau  of  Immigration  and  Naturalization 
(Division  of  Naturalization)  for  the  supplies  of  the  blank  forms  re- 
quired in  the  naturalization  of  aliens  shall  state  whether  any  declara- 
tions of  intention  have  been  filed  or  orders  of  naturalization  made  by 
their  courts  since  September  26,  1906. 

All  applications  for  supplies  of  certificates  of  naturalization  (Form 
2207)  should  be  accompanied  by  a  statement  of  the  number,  if  any,  of 
certificates  of  naturalization  issued  by  the  Clerks  of  courts  making 
such  applications  since  June  1,  1903,  if  such  certificates  failed  to  com- 
ply with  the  requirements  of  the  immigration  act  of  March  3,  1903. 

13.  Where  Same  Court  Holds  Sessions  at  Different  Places,  Separate 
Supplies  Kept. — Where  the  same  court  holds  sessions  at  different 
places,  whether  a  Clerk  is  appointed  at  each  of  said  places  or  the  one 
Clerk  is  required  to  transact  the  business  of  the  court  wherever  it 
may  sit,  separate  supplies  shall  be  kept,  in  order  to  comply  with  the 
requirements  of  section  14  of  the  naturalization  act,  which  provides 
that  the  bound  declarations  of  intention  and  of  petitions  for  natural- 
ization shall  be  in  chronological  order. 


616  hillyer's  legal  manual. 

14.  Change  of  Name  of  Naturalized  Alien. — In  every  case  in  which 
the  name  of  a  naturalized  alien  is  changed  by  order  of  court,  as  pro- 
vided in  section  6,  the  Clerk  of  the  court  is  required  to  report  both 
the  original  and  the  new  name  of  the  said  person  to  the  Bureau  of 
Immigration  and  Naturalization  (Division  of  Naturalization)  when 
transmitting  to  it  the  duplicate  of  the  certificate  of  naturalization  of 
the  alien  whose  name  is  changed. 

15.  Monthly  Report  of  Petition  and  Hearings. — On  the  first  working 
day  of  each  month  the  Clerk  shall  inform  the  Bureau  of  Immigration 
and  Naturalization  (Division  of  Naturalization)  on  Form  2209  of  the 
date  of  posting  notice  on  Form  2206,  as  required  by  section  5,  and  of 
the  day,  month,  and  year,  as  near  as  may  be,  for  the  final  hearing 
of  each  and  every  petition  for  naturalization  filed  and  posted  during 
the  preceding  month.  These  reports  on  Form  2209  must  specify  only 
the  petitions  filed  in  the  month  to  which  the  report  relates  and  no 
others.  The  specific  dates  of  postponed  hearings  shall  also  be  re- 
ported promptly  on  Form  2209,  using  a  separate  sheet,  and  in  such 
continued  cases  notice  on  Form  2206  must  be  amended  to  show  the 
postponed  date  and  remain  posted  until  final  action  is  had. 

16.  Monthly  Report  of  Naturalizations  Refused. — On  the  first  work- 
ing day  of  each  month  following  the  sitting  of  a  court  in  naturalization 
cases  the  Clerk  of  such  court  shall  forward  to  the  Bureau  of  Immi- 
gration and  Naturalization  (Division  of  Naturalization)  on  Form 
2210  a  list  containing  the  name  of  each  and  every  alien  who,  during 
such  sitting  of  court,  has  been  denied  naturalization  and  shall  state 
the  reason  or  reasons  for  such  denial. 

17.  Issuance  of  Declarations  of  Intention  or  Certificates  of  Natural- 
ization in  Lieu  of  Declarations  or  Certificates  Claimed  to  have  Been 
Lost  or  Destroyed. — Applications  for  the  issuance  of  declarations  of 
intention  (Form  2203)  or  certificates  of  naturalization  (Form  2207), 
in  lieu  of  declarations  of  intention  or  certificates  of  naturalization 
claimed  to  have  been  lost  or  destroyed,  shall  be  made  under  oath  to 
the  Clerk  of  the  court  by  which  any  such  declarations  of  intention 
or  certificates  of  naturalization  were  originally  issued,  and  shall  con- 
tain full  information  in  regard  to  the  lost  or  destroyed  papers,  and 
as  to  the  time,  place,  and  circumstances  of  such  alleged  loss  or  de- 
struction. The  Clerk  shall  forward  to  the  Bureau  of  Immigration 
and  Naturalization  (Division  of  Naturalization)  the  above-mentioned 
applications,  together  with  such  information  as  he  may  have  bearing 
upon  the  merits  thereof,  for  investigation,  and  no  such  paper  so 
applied  for  shall  be  issued  until  the  Bureau  of  Immigration  and  Natu- 
ralization (Division  of  Naturalization)  reports  the  results  of  its  inves- 
tigation as  to  the  merits  of  the  application. 

Entry  on  Original  Declaration  Showing  the  Issuance  of  Certified 
Copy. — In  every  case  in  which  the  Clerk  of  the  court  issues,  in  accord- 
ance with  the  foregoing,  a  declaration  of  intention  (Form  2224)  or  a 
certificate  of  naturalization  (Form  2207),  upon  proof  of  the  loss  or 
destruction  of  the  original,  he  shall  make  an  entry  on  the  original 
declaration  showing  the  issuance  of  a  certified  copy,  or  on  the  stubs 
of  both  the  new  and  the  old  certificates  of  naturalization,  showing 


NATURALIZATION    REGULATIONS.  617 

the  issuance  of  a  new  certificate,  giving  the  numbers  of  the  new  and 
old  certificates,  and  shall  immediately  thereafter  forward  to  the 
Bureau  of  Immigration  and  Naturalization  (Division  of  Naturaliza- 
tion) the  duplicate  of  any  such  paper  so  issued. 

Certifiecl  Copies  of  Declarations. — Certified  copies  of  declarations 
of  intention  (Form  2215)  and  certificates  of  naturalization  (Form 
2216)  may  be  provided  by  Clerks  of  courts  under  their  hand  and  the 
seal  of  the  court  out  of  which  the  papers  originally  issued,  only  for 
the  use  of  persons  who  make  entry  upon  public  lands  of  the  United 
States,  and  who  are  required  to  submit  proof  that  they  have  declared 
their  intention  to  become  citizens,  or  have  become  naturalized.  When 
issued  these  forms  must  be  made  in  duplicate,  one  to  be  given  to  the 
person  applying  therefor  and  the  duplicate  forwarded  with  other  nat- 
uralization papers  on  the  first  working  day  of  the  succeeding  month 
to  the  Bureau  of  Immigration  and  Naturalization  (Division  of  Nat- 
uralization). Unless  the  applicant  presents  to  the  Clerk  his  original 
declaration  or  certificate  for  comparison,  these  forms  can  under  no 
conditions  be  issued. 

Fees  for  the  Issuance  of  Copies. — The  fees  to  be  collected  for  the 
issuance  of  each  of  the  copies  of  declarations  of  intention  and  of  cer- 
tificates of  naturalization  described  in  this  regulation,  and  the  disposal 
to  be  made  of  such  fees  when  collected,  will  be  determined  in  accord- 
ance with  the  law  and  the  rules  in  force  in  the  respective  courts. 
No  part  of  these  fees  is  required  to  be  forwarded  to  this  Department. 
Clerks  are,  however,  required  to  make  quarterly  reports,  on  Form 
2217,  on  the  first  working  day  of  January,  April,  July,  and  October, 
of  the  number  of  such  papers  issued  during  the  preceding  quarter. 

This  rule  applies  exclusively  to  naturalization  papers  issued  since 
September  26,  1906. 

18.  Original  Declarations  Surrendered  to  General  Land  Office. — 
Original  declarations  of  intention,  or  certificates  of  naturalization, 
issued  subsequent  to  September  26,  1906,  and  surrendered  to  the 
General  Land  Office  in  support  of  entries  upon  public  land,  may  be 
returned  upon  proper  application.  In  cases  of  declarations  of  inten- 
tion the  Clerk  will  forward  the  application  to  the  Bureau  of  Immi- 
gration and  Naturalization  (Division  of  Naturalization),  accompanied 
by  a  certified  copy  on  Form  2215.  In  cases  of  certificates,  the  appli- 
cation will  be  accompanied  by  a  personal  description  of  the  applicant. 
In  both  instances,  a  description  of  the  land  should  be  included,  giving 
the  section,  township,  and  range,  together  with  the  date  and  place  of 
making  the  entry.  The  originals  will  then  be  procured  from  the  Gen- 
eral Land  Office  and  returned  to  the  Clerk  of  the  court. 

19.  Affidavits  of  Substituted  Witnesses. — For  recording  the  affidavits 
of  substituted  witnesses  under  section  5,  of  the  act  of  June  29.  1906, 
blank  forms  (Form  2218)  have  been  prepared  as  pasters  to  be  affixed 
to  the  backs  of  petitions  in  the  bound  volume,  following  the  ''Order 
of  court  admitting  petitioner."  Copies  of  this  form  may  be  pro- 
cured by  the  usual  requisition  (Form  2201). 


618 

20.  Aliens  must  Sign  Names  in  Full. — Aliens  making  declarations 
of  intention,  or  filing  petitions  for  naturalization,  must  sign  their 
names  in  full  and  without  abbreviatir.u  in  the  appropriate  places  on 
the  various  blank  forms,  and  the  entries  of  theii  names  by  the  Clerk 
must  correspond  in  every  particular.  Where  a  name  contains  an 
initial  which  is  used  only  to  distinguish  one  individual  from  another 
with  the  same  surname  that  fact  should  be  noted  on  the  paper. 

21.  Petitions  from  Other  Aliens  Than  White  Persons  and  Persons  of 
African  Nativity  or  Descent — Persons  not  Residing  in  Judicial  Dis- 
trict.— Clerks  of  courts  shall  not  receive  declarations  of  intention 
(Form  2202)  or  file  petitions  for  naturalization  (Form  2204)  from 
other  aliens  than  white  persons  and  persons  of  African  nativity  or  of 
African  descent,  nor  from  persons  not  residing  in  the  judicial  district 
within  which  the  court  is  held. 

22.  Forwarding  Duplicates  to  Department  —  Monthly  Report. — On 
the  first  working  day  of  each  and  every  month,  and  not  otherwise, 
Clerks  of  courts  shall  forward  to  the  Bureau  of  Immigration  and 
Naturalization  (Division  of  Naturalization)  duplicates  of  all  declara- 
tions of  intention,  petitions  for  naturalization,  and  certificates  of  nat- 
uralization filed  or  issued  during  the  preceding  month.  Duplicate 
petitions  for  naturalization  and  duplicate  certificates  of  naturalization 
shall  be  forwarded  by  registered  mail;  and  duplicate  declarations  of 
intention  as  well  as  other  papers  may  be  inclosed  therewith  provided 
the  combined  weight  of  the  documents  does  not  exceed  four  pounds, 
otherwise  they  shall  be  forwarded  separately  by  unregistered  mail. 
The  same  course  should  be  followed  in  forwarding  naturalization 
papers  to  the  Bureau  which  have  been  returned  for  correction.  Each 
Clerk  making  a  shipment  of  naturalization  papers  other  than  papers 
returned  for  correction  is  required  to  forward  therewith  a  report  on 
Form  2208  showing  the  number  of  such  papers  filed  or  issued  during 
the  month  reported.  "Where  petitions  for  naturalization  have  been 
filed  the  report  on  Form  2209  showing  the  approximate  dates  of  final 
hearings  shall  also  be  inclosed  with  such  shipment.  When  no  natu- 
ralization business  has  been  transacted  during  any  month  it  is  unneces- 
sary to  render  monthly  reports  to  that  effect,  but  report  should  be 
made  as  prescribed  in  Rule  23'. 

23.  "Abstract  of  Collections" — Final  Fee  of  Two  Dollars. — All  fees 
provided  for  in  section  13  of  the  act  of  June  29,  1906,  shall  be  accounted 
for  on  the  "Abstract  of  collections"  (Form  2212)  within  thirty  days 
after  the  close  of  each  quarter  of  a  fiscal  year.  These  quarters  end 
September  30th,  December  31st,  March  31st,  and  June  30th,  respec- 
tively. One-half  of  all  moneys  so  collected,  up  to  $6,000,  and  all  in 
excess  thereof,  shall  be  remitted  to  the  Chief  of  the  Division  of  Nat- 
uralization, Bureau  of  Immigration  and  Naturalization,  with  said 
quarterly  account,  such  remittance  to  be  made  payable  to  the  order 
of  the  "Secretary  of  Commerce  and  Labor,"  preferably  by  draft.  The 
Comptroller  of  the  Treasury  has  decided  that  section  13  requires  the 
collection  of  the  final  fee  of  $2  whether  the  certificate  of  naturaliza- 
tion be  issued  or  denied. 


NATURALIZATION    REGULATIONS.  619 

In  cases  where  no  naturalization  business  is  transacted  during  any 
quarter,  Form  2212  shall  be  forwarded  as  aforesaid  with  the  words 
"No  transactions"  noted  thereon. 

24.  Honorably  Discharged  Soldier,  Member  of  the  Navy,  or  Member 
of  the  Marine  Corps. — An  alien  of  the  age  of  twenty-one  years  and 
upward  may  be  admitted  to  become  a  citizen  without  making  declara- 
tion of  his  intention  if  he  has  been  honorably  discharged  from  the 
armies  of  the  United  States,  or  after  a  service  of  five  consecutive 
years  in  the  United  States  Navy,  or  after  one  enlistment  of  four  years 
in  the  United  States  Marine  Corps.  Clerks  of  courts,  instead  of  giving 
the  information  regarding  declarations  of  intention,  should  appropri- 
ately insert  in  lieu  thereof  on  petition  (Forms  2204  and  2205)  :  ''Peti- 
tioner is  an  honorably  discharged  (soldier,  member  of  the  Navy,  or 
member  of  the  Marine  Corps)  and  makes  application  for  citizenship 
under  (section  2166,  U.  S.  R.  S.,  or  act  of  July  26,  1894).  He  enlisted 
in  the  (name  of  organization)  on  the  (day,  month,  and  year)."  In 
the  last  paragraph  preceding  the  signature  of  the  petitioner  that 
portion  of  the  sentence  relating  to  the  declaration  of  intention  and 
certificate  of  arrival  should  be  struck  through  when  the  alien  arrived 
on  or  prior  to  June  29,  1906.  When  the  arrival  was  after  that  date, 
only  the  words  ''my  declaration  of  intention  to  become  a  citizen  of 
the  United  States  and"  should  be  struck  out.  The  statement  follow- 
ing the  signature  of  the  petitioner  to  the  body  of  the  petition  should 
be  struck  out  entirely  in  cases  of  aliens  arriving  on  or  before  June  29, 
1906;  but  for  those  arriving  after  that  date  only  the  words  "Declara- 
tion of  Intention"  should  be  struck  out,  and  in  both  cases  the  entry 
in  lieu  thereof  should  be  made  "Honorable  discharge  certificate  of 
petitioner  was  exhibited  to  me  this  ....  day  of "  An  appro- 
priate note  should  also  be  entered  upon  the  stub  of  the  certificate 
issued  to  said  applicant. 

Aliens  Under  Act  of  June  25,  1910. — Certain  aliens  are  permitted  to 
petition  for  naturalization  under  the  terms  of  the  act  of  June  25,  1910, 
without  proof  of  previous  declaration  of  intention.  Clerks  of  courts 
should  state  in  lieu  of  the  information  regarding  the  declaration  of 
intention  "Filed  under  provisions  of  section  3  of  the  act  of  Congress 
approved  June  25,  1910,"  and  the  statement  following  the  first  signa- 
ture of  the  petitioner  should  be  changed  so  as  to  read  "Declaration 
of  intention  omitted  under  the  terms  of  the  act  of  June  25,  1910." 

25.  Envelopes. — So  far  as  practicable  the  Clerks  of  courts  having 
jurisdiction  under  the  provisions  of  the  naturalization  laws  will  be 
furnished,  upon  requisition  therefor  on  Form  2201,  with  appropriately 
addressed  envelopes  for  communicating  with  the  Bureau.  When  not 
using  such  envelopes,  however,  all  communications,  in  addition  to  the 
other  necessary  address,  should  be  plainly  marked  "Division  of  Nat- 
uralization." 

26.  Instructions. — Clerks  of  courts  having  jurisdiction  to  naturalize 
under  the  provisions  of  the  act  of  June  29,  1906,  are  requested,  in 
case  the  foregoing  rules  and  regulations  fail  to  remove  from  their 
minds  doubt  as  to  the  proper  course  of  action  in  any  case,  to  write 


620 


IIILLYER  S   LEGAL   MANUAL. 


to  the  Chief  of  the  Division  of  Naturalization,  Bureau  of  Immigration 
and  Naturalization,  for  instructions  before  taking  such  action. 

BENJ.  S.  CABLE, 
Acting  Secretary. 


TABLE  OF  STATES  TAXING  INHERITANCES. 

(From  iiaucrott's  inheritance  Taxes  for  investors.) 

Direct  Collateral 
Inheritance        Inheritance      Inheritance 

State.                                                                                        Tax  liaw.  Tax.  Tax. 

Alabama No  No  No 

Arizona No  No  No 

Arkansas Yes  Yes  Yes 

California Yes  Yes  Yes 

Colorado Yes  Yes  Yes 

Connecticut Yes  Yes  Yes 

Delaware Yes  No  Yes 

District    of    Columbia No  No  No 

Florida No  No  No 

Georgia .^ No  No  No 

Hawaii Yes  Yes  Yes 

Idaho Yes  Yes  Yes 

Illinois Yes  Yes  Yes 

Indiana No  No  No 

Iowa Yes  No  Yes 

Kansas Yes  Yes  Yes 

Kentucky Yes  No  Yes 

Louisiana Yes  Yes  Yes 

Maine Yes  Yes  Yes 

Maryland Yes  No  Yes 

Massachusetts Yes  Yes  Yes 

Michigan Yes  Yes  Yes 

Minnesota Yes  Yes  Yes 

Mississippi No  No  No 

Missouri Yes  No  Yes 

Montana Yes  Yes  Yes 

Nebraska Yes  Yes  Yes 

Nevada No  No  No 

New  Hampshire Yes  No  Yes 

New  Jersey Yes  No  Yes 

New  Mexico No  No  No 

New  York Yes  Yes  Yes 

North  Carolina » Yes  Yes  Yes 

North  Dakota Yes  No  Yes 

Ohio Yes  No  Yes 

Oklahoma Yes  Yes  Yes 

Oregon Yes  Yes  Yes 

Pennsylvania Yes  No  Yes 

Porto  Eico Yes  Yes  Yes 

Rhode  Island No  No  No 

South  Carolina No  No  No 

South  Dakota Yes  Yes  Yes 

Tennessee Yes  Yes  Yes 

Texas Yes  No  Yes 

Utah Yes  Yes  Yes 

Vermont Yes  No  Yes 

Virginia Yes  No  Yes 

Washington Yes  Yes  Yes 

West    Virginia Yes  Yes  Yes 

Wisconsin Yes  Yes  Yes 

Wyoming Yes  Yes  Yes 


OIL  LAWS.  621 

OIL  LAWS. 

ACT  TO  AUTHORIZE  THE  ENTRY  AND  PATENTING  OF  LANDS 
CONTAINING  PETROLEUM  AND  OTHER  MINERAL  OILS 
UNDER  THE  PLACER  MINING  LAWS  OF  THE  UNITED 
STATES. 

Entry  and  Patenting  of  Lands  Containing  Petroleum  and  Other  Min- 
eral Oils  Under  the  Placer  Mining  Laws. — Any  person  authorized  to 
enter  lands  under  the  mining  laws  of  the  United  States  may  enter  and 
obtain  patent  to  lands  containing  petroleum  or  other  mineral  oils,  and 
chiefly  valuable  therefor,  under  the  provisions  of  the  laws  relating  to 
placer  mineral  claims :  Provided,  That  lands  containing  such  petroleum 
or  other  mineral  oils  which  have  heretofore  been  filed  upon,  claimed,  or 
improved  as  mineral,  but  not  yet  patented,  may  be  held  and  patented 
under  the  provisions  of  this  act  the  same  as  if  such  filing,  claim,  or 
improvement  were  subsequent  to  the  date  of  the  passage  hereof. 
(29  Stats,  at  Large,  526.) 

WITHDRAWAL  ACT. 
(As  amended  June  25,  1910.     36  Stat.  847.) 

Purposes. — The  President  may,  at  any  time  in  his  discretion,  tem- 
porarily withdraw  from  settlement,  location,  sale,  or  entry  any  of  the 
public  lands  of  the  United  States  including  the  District  of  Alaska,  and 
reserve  the  same  for  water-power  sites,  irrigation,  classification  of 
lands,  or  other  public  purposes  to  be  specified  in  the  orders  of  with- 
drawals, and  such  withdrawals  or  reservations  shall  remain  in  force 
until  revoked  by  him  or  by  an  act  of  Congress. 

§  2.  Lands  Withdrawn  Open  to  Exploration. — That  all  lands  with- 
drawn under  the  provisions  of  this  act  shall  at  all  times  be  open  to 
exploration,  discovery,  occupation,  and  purchase  under  the  mining 
laws  of  the  United  States,  so  far  as  the  same  apply  to  metalliferous 
minerals. 

Occupant  or  Claimant  of  Oil  or  Gas  Bearing  Lands. — Provided,  That 
the  rights  of  any  person  who,  at  the  date  of  any  order  of  withdrawal 
heretofore  or  hereafter  made,  is  a  bona  fide  occupant  or  claimant  of 
oil  or  gas  bearing  lands  and  who,  at  such  date,  is  in  the  diligent  prose- 
cution of  work  leading  to  the  discovery  of  oil  or  gas,  shall  not  be 
affected  or  impaired  by  such  order  so  long  as  such  occupant  or  claim- 
ant shall  continue  in  diligent  prosecution  of  said  work. 

Claims  Initiated  After  Withdrawal. — Provided  further,  That  this 
act  shall  not  be  construed  as  a  recognition,  abridgment,  or  enlarge- 
ment of  any  asserted  rights  or  claims  initiated  upon  any  oil  or  gas 
bearing  lands  after  any  withdrawal  of  such  lands  made  prior  to  June 
25,  1910. 

Homestead  or  Desert-land  Entry.— And  provided  further.  That  there 
shall  be  excepted  from  the  force  and  effect  of  any  withdrawal  made 
under  the  provisions  of  this  act  all  lands  which  are.  on  the  date  of 
such  withdrawal,  embraced  in  any  lawful  homestead  or  desert-land 
entry  theretofore  made,  or  upon  which  any  valid  settlement  has  been 


622 

made  and  is  at  said  date  beiiif?  maintained  and  perfected  pursuant  to 
law ;  but  the  terms  of  this  proviso  shall  not  continue  to  apply  to  any 
particular  tract  of  land  unless  the  entryman  or  settler  shall  continue 
to  comply  with  the  law  under  which  the  entry  or  settlement  was  made. 
Forest  Reserve. — And  provided  further,  That  hereafter  no  forest 
reserve  shall  be  created,  nor  shall  any  additions  be  made  to  one  here- 
tofore created,  within  the  limits  of  the  States  of  California,  Oregon, 
Washington,  Idaho,  Montana,  Colorado,  or  Wyoming,  except  by  act  of 
Congress.     [Amendment  approved   August  24,  1912,] 

Instructions  Under  Acts  of  June  22  and  25,  1910,  and  March  3,  1909. 

[These  instructions  w^ere  issued  prior  to  amendment  of  section  2  of  the 
foregoing  act.  See  the  modified  instructions  immediately  follow- 
ing.] 

Department  of  the  Interior, 

Washington,  March  6,  1911. 
The  Commissioner  of  the  General  Land  Office. 

Sir:  The  act  of  June  25,  1910  (36  Stat.  847),  provides  that  the  Pres- 
ident may  at  any  time  in  his  discretion  temporarily  withdraw  from 
settlement,  location,  sale,  or  entry  any  of  the  public  lands  of  the  United 
States,  including  Alaska,  and  reserve  the  same  for  water-power  sites, 
irrigation,  classification,  or  other  public  purposes,  to  be  specified  in  the 
orders  of  withdrawal,  such  withdrawal  to  remain  in  force  until  revoked 
by  him  or  by  an  act  of  Congress. 

Section  2  of  the  act^  provides  that  lands  so  withdrawn  shall  at  all 
times  be  open  to  exploration,  discovery,  occupancy  and  purchase  under 
the  mining  laws,  excepting  those  relating  to  coal,  oil,  gas  and  phosphates, 
there  being  a  further  provision,  however,  to  the  effect  that  the  order  of 
withdrawal  shall  not  impair  or  affect  the  rights  of  any  person  who,  prior 
to  the  date  of  the  withdrawal,  is  a  bona  fide  occupant  or  claimant  of  oil 
or  gas  bearing  lands,  and  who  at  such  date  is  in  diligent  prosecution  of 
work  leading  to  the  discovery  of  oil  or  gas.  No  hard-or-fast  rule  can  be 
established  fixing  the  amount  of  work  which  must  have  been  done  by  the 
occupant  prosecuting  work  leading  to  the  discovery  of  oil  or  gas.  Each 
case  must  rest  upon  its  own  showing  of  diligence  when  application  for 
patent  is  filed. 

The  chief  of  field  division  should  be  advised  of  all  such  applications 
and  should  be  prepared  to  submit  showing  if  possible,  before  the  issuance 
of  final  certificate  of  entry. 

This  section  contains  further  provision  to  the  effect  that  there  shall 
be  excepted  from  the  force  and  effect  of  any  withdrawal  all  lands  which 
are  on  the  date  of  withdrawal  embraced  in  any  lawful  homestead,  or 
desert-land  entry  theretofore  made  or  upon  which  any  valid  settlement 
has  been  made,  and  is  at  that  time  being  maintained  and  perfected 
pursuant  to  law.  Applications  to  make  nonmineral  entries  by  settlers 
claiming  the  benefits  of  the  above-mentioned  provisions  of  section  2  will 
be  referred  to  the  chief  of  the  appropriate  field  division  for  investiga- 
tion and  report  before  final  action  is  taken  thereon. 

1  Section  2  amended  by  act  of  Aug.  24,  1912,  to  permit  exploration,  location, 
and  purchase  of  lands  containing  metalliferous  minerals  only. 


OIL  LAWS.  623 

Withdrawals  provided  for  under  this  act  include  those  made  for 
the  purpose  of  classifying  coal  lands,  and  it  seems  that  after  the  passage 
of  this  act  the  previous  coal  withdrawals  were  renewed  thereunder. 

The  act  of  March  3,  1909  (35  Stat.  844),  is  for  the  protection  of  sur- 
face rights  of  nonmineral  entrymen  where  the  lands  were  subsequently 
classified,  claimed,  or  reported  as  being  valuable  for  coal,  and  the  act  of 
June  22,  1910  (36  Stat.  583),  provides  for  the  allowance  of  certain  non- 
mineral  entries  for  land  having  been  withdrawn  or  classified  as  coal  lands. 
These  acts  have  separated  the  surface  from  the  coal  deposits  for  the 
purpose  of  allowance  of  certain  nonmineral  entries,  and  it  is  not  believed 
that  the  act  of  June  25,  1910,  under  consideration  w^as  intended  to  repeal 
said  acts.  Therefore,  where  applications  are  presented  to  make  final 
proof  on  nonmineral  entries  made  prior  to  withdrawal,  for  the  purposes 
of  classifying  the  coal  deposits,  the  disposition  of  such  applications  should 
be  made  with  especial  reference  to  the  provisions  of  the  act  of  March  3, 
1909,  supra,  and  as  to  such  lands  certain  nonmineral  entries  may  be 
allowed,  as  provided  for  by  the  act  of  June  22,  1910,  supra,  notwithstand- 
ing their  withdrawal  under  act  of  June  25,  1910. 

Mineral  applications  for  mining  claims  perfected  upon  oil,  gas,  or 
phosphate  lands  prior  to  withdrawal,  or  for  such  claims  upon  lands 
chiefly  valuable  for  other  minerals,  whether  perfected  before  or  after 
withdrawal,  or  for  claims  of  the  latter  class  within  power-site  with- 
drawals, and  applications  to  submit  final  proof  upon  homestead,  desert- 
land,  and  settlement  claims  initiated  prior  to  a  withdrawal,  will  be 
referred  to  the  chief  of  field  division,  with  the  appropriate  notation  of 
the  character  of  the  withdrawal  involved,  in  accordance  with  the  practice 
under  paragraphs  5  et  seq.,  of  the  circular  of  April  24,  1907,  supra,  for 
field  examination  and  full  report  of  all  facts  touching  the  character  of 
the  land  and  affecting  the  validity  of  the  location,  claim,  or  entry,  as  the 
case  may  be,  including  the  possibility  of  water-power  development,  if  any. 
In  the  administration  of  the  act  hereunder  you  will  also  be  governed 
by  the  circular  approved  elanuary  27,  1911,  relative  to  co-operation  be- 
tween the  Geological  Survey  and  the  General  Land  Office. 

It  is  believed  that  the  foregoing  will  enable  you  to  properly  advise 
the  local  officers  in  all  matters  necessary  to  put  this  act  into  operation; 
and  where  an  application  is  received  not  specifically  provided  for  herein, 
you  will  act  upon  the  same,  affording  aggrieved  parties  the  usual  right 
of  appeal. 

Very  respectfully, 

R.  A.  BALLINGER, 

Secretaiy. 

Modification  of  Outstanding  Orders  of  Withdrawal. 
Department  op  the  Interior, 

General  Land  Office, 
Washington,  October  21,  1912. 
Registers  and  Receivers, 

United  States  Land  Offices. 
Sirs  :  Your  attention  is  called  to  the  act  of  Congress  approved  August 
24,  1912  (Public,  No.  316),  amending  section  2  of  the  act  of  Congress 


624  ihllvkk's  legal  manual. 

approved  June  25,  1910  (36  Stat.  847),  copy  of  which  is  herewith  at- 
tached. 

You  will  note  that  the  provision  of  the  said  act  of  June  25,  1910^ 
that  all  lauds  withdrawn  under  the  provisions  of,  that  act  shall,  at  all 
times,  he  open  to  exploration,  discovery,  occupation,  and  purchase  under 
the  minintj  laws  of  the  United  States,  '*so  far  as  the  same  apply  to  min- 
erals other  than  coal,  oil,  gas,  and  phosphates,"  is  changed  by  the  amend- 
ment, so  as  to  provide  that  such  lands  shall,  at  all  times,  be  open  to 
exploration,  discovery,  occupation,  and  purchase  under  the  mining  laws 
of  the  United  States,  "so  far  as  the  same  apply  to  metalliferous  min- 
erals." By  the  approval,  on  August  24,  1912,  of  the  said  act,  all  out- 
standing orders  of  withdrawal  under  the  act  of  June  25,  1910,  were 
modified  to  conform  to  the  act  approved  June  25,  1910,  as  amended  by 
the  act  of  August  24,  1912;  and,  upon  the  approval  of  said  last-named 
act,  the  lands  embraced  in  such  orders  of  withdrawal  ceased  to  be  and 
are  not  open  to  exploration,  discovery,  occupation,  or  purchase  under  the 
mining  laws  of  the  United  States,  except  for  metalliferous  minerals. 

These  instructions  are  in  addition  and  supplementary  to  instructions  of 
March  6,  1911  (36  L.  D.  544). 

You  will  exercise  care  in  the  enforcement  of  this  important  modifica- 
tion of  the  withdrawal  orders. 

Very  respectfully, 

FRED  DENNETT, 

Commissioner. 

Approved  October  21,  1912. 

SAMUEL  ADAMS, 

First  Assistant  Secretary. 

Act  to  Protect  the  Locators  in  Good  Faith  of  Oil  and  Gas  Lands. 

(36  Stat.  1015.) 
In  no  case  shall  patent  be  denied  to  or  for  any  lands  heretofore 
located  or  claimed  under  the  mining  laws  of  the  United  States  contain- 
ing petroleum,  mineral  oil,  or  gas  solely  because  of  any  transfer  or 
assignmejit  thereof  or  of  any  interest  or  interests  therein  by  the  original 
locator  or  locators,  or  any  of  them,  to  any  qualified  persons  or  person, 
or  corporation,  prior  to  discovery  of  oil  or  gas  therein,  but  if  such  claim 
is  in  all  other  respects  valid  and  regular,  patent  therefor  not  exceeding 
one  hundred  and  sixty  acres  in  any  one  claim  shall  issue  to  the  holder 
or  holders  thereof,  as  in  other  cases:  Provided,  however.  That  such 
lands  were  not  at  the  time  of  inception  of  development  on  or  under 
such  claim  withdrawn  from  mineral  entry.     (Approved,  March  2,  1911.) 

Instructions  Concerning  Oil  Locations  Made  Prior  to  March  2,  1911. 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  June  15,  1911. 
Registers  and  Receivers, 

United  States  Land  Offices,  and  Chiefs  of  Field  Division. 
Sirs:  The  Secretary  in  a  communication  to  this  office  dated  Mav  17, 
1911,  instructed  that  the  act  of  March  2,  1911  (36  Stat.  1015),  should 


OIL   LAWS. 


625 


be  brought  to  the  attention  of  the  local  officers  with  the  direction  that, 
upon  the  presentation  of  every  case  within  the  purview  of  the  act,  they 
shall— 

Advise  the  chiefs  of  field  division,  in  order  that  the  latter  may 
make  such  field  examinations  as  are  advisable  or  necessary,  partic- 
ularly if  the  land  involved  has  been  embraced  in  a  withdrawal,  as 
to  the  time  when  the  development  work  was  begun,  and  be  pre- 
pared to  submit  the  results,  if  possible,  before  entry  is  allowed. 
Each  such  case  will  be  considered  and  adjudicated  upon  its  record 
in  the  regular  manner. 
Observing  that  the  operation  of  the  act  is  retrospective  only,  being 
confined  to  locations  made  prior  to  the  date  thereof,  you  will,  upon 
the  presentation  of  any  application  for  patent  affected  by  the  pro- 
visions of  said  act,  immediately  communicate  to  the  proper  chief  of 
field  division  due  and  full  information  thereof,  to  the  end  that  he 
may  procure  to  be  made  such  investigations  as  may  be  necessary  to 
ascertain  the  facts  concerning  the  inception  and  subsequent  prosecu- 
tion  of   development    operations,   the   extent   and   character   of   such 
works,  and  any  other  facts  bearing  upon  and  affecting  the  validity 
of  the  claim,  including  the  continuousness  and  diligence  with  which 
development  proceeded  from  the  date  of  inception. 

Eeport  made  of  the  results  of  such  examinations  will  be  submitted 
to  this  office,  upon  receipt  of  which  the  local  officers  will  be  advised 
as  to  the  action  to  be  taken. 

Very  respectfully, 

FRED  DENNETT, 

Commissioner. 
Approved   July  11,  1912. 

SAMUEL  ADAMS, 

First  Assistant  Secretary. 

ACT  TO  PREVENT  INJURY  TO  OIL,  GAS  OR  PETROLEUM-BEAR- 
ING STRATA  OR  FORMATIONS  BY  THE  PENETRATION  OR 
INFILTRATION  OF  WATER  THEREIN. 

(Approved  March  20,  1909.  Stats.  1909,  p.  586.) 
§  1.  Duty  to  Shut  Off  Water.— It  shall  be  the  duty  of  the 
owner  of  any  well  now  drilled  or  that  may  be  drilled  in  the  State 
of  California  on  lands  producing  or  containing  oil,  gas  or  petroleum, 
to  properly  case  such  well  or  wells,  with  metal  casing  in  accordance 
with  most  approved  methods,  and  to  effectually  shut  off  all  water  over- 
lying or  underlying  the  oil-bearing  strata  and  to  effectually  prevent 
any  water  from  penetrating  such  oil-bearing  strata. 

§  2.  Duty  to  Withdraw  Casing. — It  shall  be  the  duty  of  the  owner 
of  any  well  referred  to  in  section  1  of  this  act,  before  abandoning  the 
same  to  withdraw  the  casing  therefrom,  and  to  securely  fill  such  well 
with  clay,  earth  or  cement  mortar,  or  other  good  and  sufficient  mate- 
rials, used  alone  or  in  suitable  combination,  and  thoroughly  pack  and 
tamp  the  same  into  such  well  to  a  point  as  far  above  the  upper  oil- 
40 


626 

bearin«r  strata  as  the  commissioner  hereinafter  provided  for  may  decide 
shall  be  necessary,  and  while  withdrawing  the  casing  therefrom  to 
effectually  and  permanently  shut  off  and  exclude  all  water  underlying 
and  overlying  said  oil-bearing  strata,  and  to  the  satisfaction  of  the 
commissioner,  whether  any  oil-bearing  strata  has  been  encountered  or 
not. 

§  3.  Duty  to  Keep  Log. — It  shall  be  the  duty  of  the  owner  of  any 
well  referred  to  in  section  1  of  this  act,  to  keep  a  careful  and  accurate 
log  of  the  drilling  of  such  well,  such  log  to  show  the  character  and 
depth  of  the  formations  passed  through  or  encountered  in  the  drilling 
of  such  well,  and  particularly  to  show  the  location  and  depth  of  the 
water-bearing  strata,  together  with  the  character  of  the  water  encoun- 
tered from  time  to  time,  and  to  show  at  what  point  such  water  was 
shut  off,  if  at  all,  and  if  not  to  so  state  in  such  log,  and  show  the 
depth  at  which  oil-bearing  strata  is  encountered,  the  depth  and  char- 
acter of  the  same,  and  whether  all  w^ater  overlying  and  underlying 
such  oil-bearing  strata  was  successfully  and  permanently  shut  off  so 
as  to  prevent  the  percolation  or  penetration  into  such  oil-bearing 
strata;  said  record  of  well  to  be  kept  on  file  and  subject  to  the  inspec- 
tion of  hereinafter  mentioned  commissioner  at  any  time  during  business 
hours. 

§  4.  "  Owner ' ' — ' '  Oil-bearing  Strata. ' ' — The  term  ' '  owner ' '  as  herein 
used  shall  mean  and  include  each  and  every  person,  persons,  partner- 
ship, copartnership,  association  or  corporation  owning,  leasing,  man- 
aging, operating,  drilling  or  possessing  any  well  mentioned  in  sections 
1  and  2  of  this  act,  either  as  principal  or  principals,  lessee  or  lessees  of 
such  principal  or  principals,  contractor  or  contractors,  and  their  and 
each  of  their  employees.  The  term  "oil-bearing  strata"  as  herein  used 
shall  mean  and  include  any  bed,  seam  or  stratum  of  rock  or  sand  or 
other  material  which  contains,  includes,  or  yields  earth  oil,  rock  oil,  or 
petroleum  oil  or  natural  gas  or  either  of  them. 

Commissioner. — In  order  to  carry  out  the  provisions  of  sections  1 
and  2  of  this  act,  upon  petition  of  three  or  more  operating  oil  com- 
panies, w^ithin  the  county,  it  shall  be  the  duty  of  the  board  of  super- 
visors of  said  county  to  appoint  a  commissioner  who  shall  be  a  practical 
oil  man,  w^hose  term  of  office  shall  be  until  December  31st  of  the  year 
following  time  of  appointment  or  until  his  successor  is  appointed. 

Duties  of  Commissioner. — The  duties  of  said  commissioner  shall  be 
to  see  that  the  provisions  of  this  act  shall  be  enforced. 

Compensation. — The  compensation  of  said  commissioner  shall  be 
fixed  by  the  board  of  supervisors  and  shall  be  paid  out  of  the  general 
county  fund. 

Complaint — Investigation. — ^Upon  the  filing  of  a  complaint  with  said 
commissioner  alleging  'the  violation  of  any  of  the  provisions  of  sections 
1  or  2  of  this  act,  it  shall  be  the  duty  of  the  hereinbefore  mentioned 
commissioner  of  the  county,  if  so  requested  by  the  complainants,  to 
make  or  cause  to  be  made,  a  thorough  investigation  of  the  well  in 
question,  to  determine  whether  or  not  any  of  the  provisions  of  this  act 


OIL  LAWS.  627 

have  been  violated  and  for  such  purpose  he  is  hereby  empowered  to 
appoint  all  necessary  agents  and  assistants  to  conduct  such  examination 
and  such  agents  and  assistants  may  enter  upon  the  premises  where  such 
well  is  situated  and  may  take  charge  of  such  well  for  the  purpose  of 
making  such  investigations.  If  the  defendant  in  the  action  shall  be 
convicted  of  a  violation  of  any  of  the  provisions  of  sections  1  or  2  of 
this  act,  he  shall,  in  addition  to  the  penalties  hereafter  set  forth,  pay 
all  reasonable  and  proper  costs  incident  to  the  making  of  such  investi- 
gations. 

Nuisance. — Any  well  drilled  and  abandoned,  in  violation  of  sections 
1  or  2  of  this  act  is  hereby  declared  a  public  nuisance. 

Duty  of  Commissioner. — If  any  well,  under  the  provisions  of  sections 
1  or  2  of  this  act  be  declared  a  public  nuisance,  it  shall  be  the  duty  of 
commissioner  of  the  county  in  which  such  well  is  situated  to  enter  upon 
the  premises,  take  possession  of  such  well  and  to  abate  said  nuisance 
and  to  take  all  necessary  steps  to  prevent  the  percolation  or  penetra- 
tion of  water  into  the  oil-bearing  strata.  He  shall  keep  an  accurate 
account  of  the  expense  of  such  work  and  all  expenses  so  incurred  shall 
be  a  charge  against  the  owner  of  such  well  and  a  lien  upon  the  same. 

Penalty. — Any  person  violating  the  provisions  of  this  act  shall  be 
guilty  of  a  misdemeanor. 

Any  owner  of  any  well  referred  to  in  sections  1  or  2  of  this  act,  who 
refuses  to  permit  the  commissioner  to  inspect  the  same  or  who  will- 
fully hinders  or  delays  the  commissioner  in  the  performance  of  his  duty 
is  guilty  of  a  misdemeanor. 

ACT  TO  PROTECT  THE  LOCATORS  IN  GOOD  FAITH  OF  OIL  AND 
GAS  LANDS  WHO  SHALL  HAVE  EFFECTED  AN  ACTUAL 
DISCOVERY  OF  OIL  OR  GAS  ON  THE  PUBLIC  LANDS 
OF  THE  UNITED  STATES,  OR  THEIR  SUCCESSORS  IN 
INTEREST. 

(Act  of  March  2,  1911,  c.  201.) 
Locators  of  Mineral  Oil  Lands — Patents  not  to  be  Denied,  Solely  for 
Transfer  Before  Discovery,  etc.— In  no  case  shall  patent  be  denied  to 
or  for  any  lands  heretofore  located  or  claimed  under  the  mining  laws 
of  the  United  States  containing  petroleum,  mineral  oil,  or  gas  solely 
because  of  any  transfer  or  assignment  thereof  or  of  any  interest  or 
interests  therein  by  the  original  locator  or  locators,  or  any  of  them, 
to  any  qualified  persons  or  person,  or  corporation,  prior  to  discovery 
of  oil  or  gas  therein,  but  if  such  claim  is  in  all  other  respects  valid 
and  regular,  patent  therefor  not  exceeding  one  hundred  and  sixty  acres 
in  any  one  claim  shall  issue  to  the  holder  or  holders  thereof^  as. in 
other  cases;  Provided,  however,  that  such  lands  were  not  at  the  time 
of  inception  of  development  on  or  under  such  claim  withdrawn  from 
mineral  entry.     (36  Stats,  at  Large,  1015.) 


628  hillyer's  legal  manual. 


PATENTS. 

(By  Carlos  P.  Griffin,  Pacific  Building,  San  Francisco.) 
Source  of  Patent  Laws. — The  clause  in  the  constitution  is  found  in 
article  1.  section  8,  and  is  as  follows:  ''Congress  shall  have  power  .  .  .  . 
to  promote  the  progress  of  science  and  useful  arts,  by  securing  for  lim- 
ited times  to  authors  and  inventors  the  exclusive  right  to  their  respec- 
tive writings  and  discoveries.*' 

Congress,  in  response  to  the  suggestion  here  made,  has  enacted  laws 
for  the  protection  of  the  classes  of  persons  here  mentioned,  and  the 
great  wisdom  of  the  laws  is  seen  in  the  advanced  situation  of  this 
country  with  respect  to  others  in  the  matter  of  manufactures.  This 
country  leads  the  world  in  such  matters,  and  that  nation  we  hear  so 
much  about  just  now  as  the  coming  nation  of  the  east,  the  Japanese, 
when  sending  their  scholars  out  over  the  world  to  find  and  adopt  good 
ideas,  adopted  a  patent  system  that  is  modeled  on  that  of  this  country. 
The  principal  enactment  with  which  the  inventor  is  concerned  is  con- 
tained in  section  4886  of  the  Revised  Statutes. 

§  4886.  Who  may  Patent. — Any  person  who  has  invented  or  dis- 
covered any  new  and  useful  art,  machine,  manufacture,  or  composition 
of  matter,  or  any  new  and  useful  improvements  thereof,  not  known  or 
used  by  others  in  this  country,  before  his  invention  or  discovery  thereof, 
and  not  patented  or  described  in  any  printed  publication  in  this  or  any 
foreign  country,  before  his  invention  or  discovery  thereof,  or  more  than 
two  years  prior  to  his  application,  and  not  in  public  use  or  on  sale  in 
this  country  for  more  than  two  years  prior  to  his  application,  unless 
the  same  is  proved  to  have  been  abandoned,  may,  upon  payment  of  the 
fees  required  by  law,  and  other  due  proceeding  had,  obtain  a  patent 
therefor. 

It  will  be  noticed  that  this  clause  of  the  patent  laws  is  very  broad, 
permitting  any  person  whatsoever  to  obtain  a  patent,  the  only  requisite 
being  that  he  shall  have  invented,  or  discovered,  something  which  falls 
into  one  of  the  classes  of  things  established  by  it.  It  classifies  them 
as  an  "art,"  "machine,"  "manufacture,"  or  "composition  of  matter," 
and  improvements  thereon.  Almost  all  things  that  human  endeavor  is 
directed  toward  the  accomplishment  of  may  be  placed  in  one  of  these 
categories. 

The  actual  granting  of  the  patent  lies  in  the  power  of  the  Patent 
Office,  and  the  statute  governing  this  is  section  4888,  Revised  Statutes. 
It  is  as  follows : 

§  4888.  Application. — Before  an  inventor  or  discoverer  shall  re- 
ceive a  patent  for  his  invention  or  discovery,  he  shall  make  application 
therefor,  in  writing,  to  the  Commissioner  of  Patents,  and  shall  file  in 
the  Patent  Office  a  written  description  of  the  same,  and  of  the  manner 
and  process  of  making,  constructing,  compounding,  and  using  it,  in 
such  full,  clear,  concise,  and  exact  terms  as  to  enable  any  person  skilled 
in  the  art  or  science  to  which  it  appertains,  or  with  which  it  is  most 
nearly  connected,  to  make,  construct,  compound,  and  use  the  same ;  and 


PATENT  LAW.  629 

in  case  of  a  machine,  he  shall  explain  the  principle  thereof,  and  the 
best  mode  in  which  he  has  contemplated  applying  that  principle,  so 
as  to  distinguish  it  from  other  inventions;  and  he  shall  particularly 
point  out  and  distinctly  claim  the  part,  improvement,  or  combination 
which  he  claims  as  his  invention  or  discovery.  The  specification  and 
claim  shall  be  signed  by  the  inventor  and  attested  by  two  witnesses. 

This  section  gives  the  requisites  of  the  specification,  and  shows  that 
it  is  intended  that  the  inventor  must  fully  disclose  to  the  Patent  Office 
his  full  invention,  in  order  that  there  may  be  a  return  to  the  nation 
for  the  right  granted  him. 

Further  regulations  for  the  guidance  of  the  Patent  Office  in  what  to 
require  as  a  complete  application  are  found  in  the  following  sections: 

§  4889.  Drawings. — When  the  nature  of  the  case  admits  of  draw- 
ings, the  applicant  shall  furnish  one  copy  signed  by  the  inventor  or  his 
attorney  in  fact,  and  attested  by  two  witnesses,  which  shall  be  filed  in 
the  Patent  Office,  and  a  copy  of  the  drawing,  to  be  furnished  by  the 
Patent  Office  shall  be  attached  to  the  patent  as  a  part  of  the  specifica- 
tion. 

§  4890.  Specimens. — When  the  invention  or  discovery  is  of  a  com- 
position of  matter,  the  applicant,  if  required  by  the  commissioner,  shall 
furnish  specimens  of  ingredients  and  of  the  composition,  sufficient  in 
quantity  for  the  purpose  of  experiment. 

§  4891.  Models. — In  all  cases  which  admit  of  representation  by 
model,  the  applicant,  if  required  by  the  commissioner,  shall  furnish  a 
model  of  convenient  size  to  exhibit  advantageously  the  several  parts 
of  his  invention  or  discovery. 

§  4892.  Oath. — The  applicant  shall  make  oath  that  he  does  verily 
believe  himself  to  be  the  original  and  first  inventor  or  discoverer  of 
the  art,  machine,  manufacture,  composition,  or  improvement  for  which 
he  solicits  a  patent;  that  he  does  not  know  and  does  not  believe  that 
the  same  was  ever  before  known  or  used;  and  shall  state  of  what 
country  he  is  a  citizen.  Such  oath  may  be  made  before  any  person 
within  the  United  States  authorized  by  law  to  administer  oaths,  or, 
when  the  applicant  resides  in  a  foreign  country,  before  any  minister, 
charge  d 'affairs,  consul  or  commercial  agent  holding  commission 
under  the  government  of  the  United  States,  or  before  any  notary  pub- 
lic, judge,  or  magistrate  having  an  official  seal  and  authorized  to 
administer  oaths  in  the  foreign  country  in  which  the  applicant  may  be, 
whose  authority  shall  be  proved  by  certificate  of  diplomatic  or  consular 
officer  of  the  United  States. 

The  last  four  sections  of  the  statutes  are  intended  to  give  the  Patent 
Office  the  necessary  power  to  require  the  filing  of  the  proper  kind  of  a 
drawing,  and  the  filing  of  specimens,  or  models,  when  necessary  to  the 
understanding  of  a  case.  The  last  section  is  intended  to  give  some  of 
the  parts  of  the  oath  the  inventor  must  take  to  have  his  case  com- 
pletely filed. 

What  the. duties  of  the  commissioner  of  patents  are  when  the  appli- 
cation of  the  inventor  has  been  filed  are  outlined  in  the  following  sec- 
tion of  the  statute : 


630  hillyer's  legal  manual. 

§  4893.  Examination. — On  the  filing  of  any  such  application  and 
the  payment  of  the  fees  required  by  law,  the  Commissioner  of  Patents 
shall  cause  an  examination  to  be  made  of  the  alleged  new  invention  or 
discovery ;  and  if  on  such  examination  it  shall  appear  that  the  claim- 
ant is  justly  entitled  to  a  patent  under  the  law,  and  that  the  same  is 
sufficiently  useful  and  important,  the  Commissioner  shall  issue  a  patent 
therefor. 

This  is  the  secret  of  the  success  of  our  patent  system  over  that  of 
some  other  countries.  This  examination  that  the  Commissioner  is  em- 
powered to  make  gives  the  granted  patent  a  very  strong  ground  to 
stand  on ;  for  any  application  that  can  run  the  gauntlet  of  this  exam- 
ination is  pretty  sure  to  have  many  features  that  are  not  found  in  any 
other  thing  of  its  kind.  The  courts  construe  this  to  be  sufficient  to 
raise  a  presumption  of  the  validity  of  the  patent  upon  its  mere  pro- 
duction. 

Just  what  is  granted  to  the  inventor  is  show^n  in  the  following  sec- 
tion of  statutes: 

§  4884.  Contents  of  Patent. — Every  patent  shall  contain  a  short 
title  of  description  of  the  invention  or  discovery,  correctly  indicating 
its  nature  and  design,  and  a  grant  to  the  patentee,  his  heirs  or  assigns, 
for  the  term  of  seventeen  years,  of  the  exclusive  right  to  make,  use 
and  vend  the  invention  or  discovery  throughout  the  United  States  and 
territories  thereof,  referring  to  the  specifications  for  the  particulars 
thereof.  A  copy  of  the  specification  and  drawings  shall  be  annexed  to 
the  patent  and  be  a  part  thereof. 

This  section  gives  to  the  inventor  the  exclusive  right  to  his  invention 
or  discovery  for  the  term  of  seventeen  years,  and,  in  case  of  his  death, 
it  passes  the  right  on  to  his  heirs. 

Since  what  a  thing  is  worth  is  determined  by  its  salability,  the  patent 
laws  give  such  salability  to  patents  in  several  sections  enacted  for  that 
express  purpose.     They  are,  including  the  one  above : 

§  4895.  Assignment. — Patents  may  be  granted  and  issued  or  re- 
issued to  the  assignee  of  the  inventor  or  discoverer;  but  the  assignment 
must  first  be  entered  of  record  in  the  Patent  Office.  And  in  all  cases 
of  an  application  by  an  assignee  for  the  issue  of  a  patent,  the  applica- 
tion shall  be  made  and  the  specification  sworn  to  by  the  inventor  or 
discoverer;  and  in  all  cases  of  an  application  for  a  reissue  of  any 
patent,  the  application  must  be  made  and  the  corrected  specification  be 
signed  by  the  inventor  or  discoverer,  if  he  is  living,  unless  the  patent 
was  issued  and  the  assignment  made  before  the  eighth  day  of  July, 
1870. 

If  any  such  assignment,  grant,  or  conveyance  of  any  patent  shall  be 
acknowledged  before  any  notary  public  of  the  several  States  or  Terri- 
tories or  the  District  of  Columbia,  or  any  commissioner  of  the  United 
States  Circuit  Court,  or  before  any  secretary  of  legation  or  consular 
officer  authorized  to  administer  oaths  or  perform  notarial  acts  under 
section  seventeen  hundred  and  fifty  of  the  Revised  Statutes,  the  certifi- 
cate of  such  acknowledgment,  under  the  hand  and  official  seal  of  such 


PATENT  LAW.  631 

notary  or  other  officer,  shall  be  prima  facie  evidence  of  the  execution 
of  such  assignment,  grant  or  conveyance. 

§  4898.  Recordation  of  Assignment. — Every  patent  or  any  interest 
therein  shall  be  assignable  in  law  by  an  instrument  in  writing,  and  the 
patentee  or  his  assigns  or  legal  representatives  may  in  like  manner 
grant  and  convey  an  exclusive  right  under  his  patent  to  the  whole  or 
any  specified  part  of  the  United  States.  An  assignment,  grant  or  con- 
veyance shall  be  void  as  against  any  subsequent  purchaser  or  mort- 
gagee for  a  valuable  consideration,  without  notice,  unless  it  is  recorded 
in  the  Patent  Office  within  three  months  from  the  date  thereof. 

This  clause  gives  the  mode  of  assignment  of  the  patent,  and  provides 
the  means  by  which  the  sale  shall  be  evidenced,  making  it  the  valuable 
thing  that  it  is. 

In  order  that  the  Commissioner  may  expeditiously  conduct  the  affairs 
of  his  office,  the  statutes  provide  that  he  may  promulgate  "Rules"  for 
the  conduct  of  the  business  therein. 

The  section  of  the  statutes  giving  the  Commissioner  the  power  to 
regulate  matters  in  his  office,  within  the  enactment  of  the  laws,  is : 

§  4883.  Rules. — The  Commissioner  of  Patents,  subject  to  the  ap- 
proval of  the  Secretary  of  the  Interior,  may  from  time  to  time  estab- 
lish regulations,  not  inconsistent  with  law,  for  the  conduct  of  proceed- 
ings in  the  Patent  Office. 

The  patentee  is  not  given  the  right  to  his  patent  without  restrictions 
of  any  kind,  for  the  public  is  entitled  to  have  some  notice  that  he  is 
the  exclusive  owner  of  the  ideas  that  are  presented  in  the  patent,  before 
it  is  liable  to  him  for  the  infringement  of  his  rights.  The  section  that 
shows  him  his  duties  to  the  public  is  as  follows : 

§  4900.  Duty  of  Patentee. — It  shall  be  the  duty  of  all  patentees, 
and  their  assigns  and  legal  representatives,  and  of  all  persons  making 
or  vending  any  patented  article  for  or  under  them,  to  give  sufficient 
notice  to  the  public  that  the  same  is  patented  ;  either  by  fixing  thereon 
the  word  "patented,"  together  with  the  day  and  year  the  patent  was 
granted;  or  when,  from  the  character  of  the  article,  this  cannot  be 
done,  by  fixing  to  it,  or  to  the  package  wherein  one  or  more  of  them  is 
inclosed,  a  label  containing  the  like  notice ;  and  in  any  suit  for  in- 
fringement, by  the  party  failing  so  to  mark,  no  damage  shall  be  recov- 
ered by  the  plaintiff,  except  on  proof  that  the  defendant  was  duly 
notified  of  the  infringement,  and  continued,  after  such  notice,  to  make, 
use,  or  vend  the  article  so  patented. 

The  complement  of  this  section  is  found  in  the  section  below,  which 
provides  a  heavy  penalty  for  the  unauthorized  use  of  the  word  "pat- 
ented," or  anything  that  simulates  it  in  any  way.     The  section  is: 

§  4901.  Fraudulent  Use  of  Word  "Patented"  etc.— Every  person 
who,  in  any  manner,  marks  upon  anything  made,  used,  or  sold  by  him 
for  which  he  has  not  obtained  a  patent,  the  name  or  imitation  of  the 
name  of  any  person  who  has  obtained  a  patent  therefor,  without  the 
consent  of  such  patentee,  or  his  assigns  or  legal  representatives ;  or 

Who,  in  any  manner,  marks  upon  or  affixes  to  any  such  patented 
article  the  word  "patent"  or  "patentee,"  or  the  words  "letters  pat- 


632  iiillyer's  legal  manUxVl. 

ent,"  or  any  word  of  like  import,  with  intent  to  imitate  or  counterfeit 
the  mark  or  device  of  the  patentee,  without  having  the  license  or  con- 
sent of  such  patentee  or  his  assigns  or  legal  representatives ;  or 

Who,  in  any  manner,  marks  upon  or  affixes  to  any  unpatented  article 
the  word  "patent"  or  any  word  importing  that  the  same  is  patented, 
for  the  purpose  of  deceiving  the  public,  shall  be  liable,  for  every  such 
offense,  to  a  penalty  of  not  less  than  one  hundred  dollars,  with  costs; 
one-half  of  said  penalty  to  the  person  who  shall  sue  for  the  same,  and 
the  other  to  the  use  of  the  United  States,  to  be  recovered  by  suit  in  any 
District  Court  of  the  United  States  within  whose  jurisdiction  such 
offense  may  have  been  committed. 

§  4919.  Damages. — Damages  for  the  infringement  of  any  patent 
may  be  recovered  by  action  on  the  case,  in  the  name  of  the  party  inter- 
ested either  as  patentee,  assignee,  or  grantee.  And  whenever  in  any 
such  action  a  verdict  is  rendered  for  the  plaintiff,  the  court  may  enter 
judgment  thereon  for  any  sum  above  the  amount  found  by  the  verdict 
as  the  actual  damages  sustained,  according  to  the  circumstances  of  the 
case,  not  exceeding  three  times  the  amount  of  such  verdict,  together 
with  the  costs. 

It  sometimes  happens  that  a  mistake  has  been  made  in  the  prosecu- 
tion of  an  application  for  patent,  and  through  no  fault  of  the  inventor 
he  has  little  or  nothing  secured  to  him  when  he  should  have  secured 
much  broader  protection  for  his  invention.  Such  mistakes  are  cured 
by  means  of  what  is  called  a  ''reissue"  of  his  patent,  the  necessary 
claims  being  added  to  the  reissue.  The  reissue  is  not  entitled  to  have 
anything  new  added  to  it,  nor  does  it  increase  the  term  of  the  patent, 
but  it  often  does  give  added  protection,  which  should  have  been  given 
the  inventor  in  the  first  place. 

The  enactment  of  the  statute  is: 

§  4916.  Reissue. — Whenever  any  patent  is  inoperative  or  invalid, 
by  reason  of  a  defective  or  insufficient  specification,  or  by  reason  of  the 
patentee  claiming  as  his  own  invention  or  discovery  more  than  he  had 
a  right  to  claim  as  new,  if  the  error  has  arisen  by  inadvertence,  acci- 
dent, or  mistake,  and  without  any  fraudulent  or  deceptive  intention, 
the  Commissioner  shall,  on  the  surrender  of  such  patent  and  the  pay- 
ment of  the  duty  required  by  law,  cause  a  new  patent  for  the  same 
invention,  and  in  accordance  with  the  corrected  specification,  to  be 
issued  to  the  patentee,  or,  in  case  of  his  death  or  of  an  assignment  of 
the  whole  or  any  undivided  part  of  the  original  patent,  then  to  his 
executors,  administrators,  or  assigns,  for  the  unexpired  part  of  the 
term  of  the  original  patent.  Such  surrender  shall  take  effect  upon  the 
issue  of  the  amended  patent.  The  Commissioner  may,  in  his  discretion, 
cause  several  patents  to  be  issued  for  distinct  and  separate  parts  of 
the  thing  patented,  upon  demand  of  the  applicant,  and  upon  payment 
of  the  required  fee  for  a  reissue  for  each  of  such  reissued  letters  patent. 
The  specifications  and  claim  in  everj^  such  case  shall  be  subject  to  re- 
vision and  restriction  in  the  same  manner  as  original  applications  are. 
Every  patent  so  issued,  together  with  the  corrected  specifications,  shall 
have  the  same  effect  and  operation  in  law,  on  the  trial  of  all  actions 


PATENT  LAW.  633 

for  causes  thereafter  arising,  as  if  the  same  had  been  originally  filed 
in  such  corrected  form;  but  no  new  matter  shall  be  introduced  into 
the  specification,  nor  in  case  of  a  machine  patent  shall  the  model  or 
drawing  be  amended,  except  each  by  the  other;  but  when  there  is 
neither  model  nor  drawing,  amendments  may  be  made  upon  proof  satis- 
factory to  the  Commissioner  that  such  new  matter  or  amendment  was 
a  part  of  the  original  invention,  and  was  omitted  from  the  specification 
by  inadvertence,  accident,  or  mistake,  as  aforesaid. 

A  further  advantage  is  afforded  the  inventor  in  that  he  may  have 
used  his  invention  in  some  foreign  country,  but  if  it  has  not  been  pat- 
ented or  described  in  a  printed  publication  in  that  country  he  may 
still  have  a  patent  granted  to  him  in  this  country.  The  section  of  the 
law  is: 

§  4923.  Previous  Use  in  Foreign  Country. — Whenever  it  appears 
that  a  patentee,  at  the  time  of  making  his  application  for  the  patent, 
believed  himself  to  be  the  original  and  first  inventor  or  discoverer  of 
the  thing  patented,  the  same  shall  not  be  held  to  be  void  on  account 
of  the  invention  or  discovery,  or  any  part  thereof,  having  been  known 
or  used  in  a  foreign  country,  before  his  invention  or  discovery  thereof, 
if  it  had  not  been  patented  or  described  in  a  printed  publication. 

Growing  out  of  the  various  laws  relating  to  the  patent  system  is  a 
large  amount  of  litigation  over  the  rights  of  inventors,  and  to  apply 
the  laws  to  the  given  conditions  is  the  duty  of  the  courts.  In  their 
exercise  of  this  duty  they  make  many  statements  about  the  patent  law 
in  their  decisions,  which  statements  become  as  much  the  law  of  the 
patent  system  as  the  enactments  themselves,  or  at  least  they  are  as 
much  the  law  as  that  until  a  higher  court  overrules  them,  or  until  a 
statute  is  enacted  which  does  the  same  thing.  Many  decisions  are  of 
very  great  interest,  not  only  to  the  legal  profession,  but  to  the  inventor 
as  well,  since  they  give  the  inventor  an  idea  of  what  is  required  of  him 
better  than  he  can  obtain  from  the  rigid  language  of  the  statute. 

DIGEST. 

A  short  digest  of  the  various  points  relating  to  the  patent  law  is  here 
appended. 

Abandonment. — The  law  requires  and  favors  diligence  in  prosecut- 
ing the  claims  to  an  exclusive  right,  and  an  inventor  cannot,  without 
cause,  hold  his  application  pending  during  a  long  period  of  years,  leav- 
ing the  public  uncertain  whether  he  ever  intends  to  prosecute  it,  and 
keeping  the  field  of  his  invention  closed  against  other  inventors. 

An  application  must  be  completed  within  one  year  from  the  time 
of  filing  the  petition,  and  action  must  be  taken  on  any  letter  from  the 
Patent  Office  within  one  year  of  the  mailing  thereof,  or  the  application 
becomes  abandoned. 

Mere  delay,  after  invention  made,  works  no  forfeiture  of  right. 

Abandonment  by  inventor  is  rarely  presumed. 

Forfeitures  and  abandonments  are  not  favored. 


634  hillyer's  legal  manual. 

Acquiescence  in  the  public  use  of  the  invention  is  abandonment  of 
the  invention  and  of  the  patent. 

Aggregation. — The  mere  aggregation  of  two  things  is  not  pat- 
entable. 

A  patent  for  an  aggregation  of  parts  which  have  no  common  function 
is  void  for  want  of  invention. 

An  aggregation  of  devices,  each  of  which  is  old,  so  that  each  works 
out  its  own  effect,  without  the  production  of  something  new  from  the 
co-operation  of  the  devices,  is  not  patentable. 

A  series  of  old  devices  may  be  patentable,  if  by  their  combination  a 
new  result  is  effected. 

Applications. — The  description  is  sufficient  when  a  skilled  mechanic 
can'  construct  the  machine  from  it. 

An  amendment  to  the  application  cannot  introduce  matter  not  in  the 
case  originally. 

An  application  for  a  joint  patent  must  be  made  by  all  the  joint  in- 
ventors. 

The  specification  is  always  open  to  amendment  and  to  the  addition 
of  new  matter  of  description  and  claims,  within  the  scope  of  the  case 
as  originally  filed. 

Where  there  is  no  abandonment  of  a  first  application  subsequent 
ones  relate  back  to  it. 

A  machine  and  the  process  of  using  it  may  be  included  in  one  appli- 
cation where  they  cannot  be  considered  as  separate  things. 

A  rejected  application  is  no  publication  and  is  not  a  bar  to  the  grant 
of  a  patent. 

A  new^  and  useful  art  may  be  patented. 

Copies  of  applications  may  be  had  from  the  Patent  Office  only  by 
persons  who  are  parties  to  the  record,  except  that  the  inventor  may 
consent  to  the  furnishing  of  such  copies. 

Assignment. — An  assignment  requires  no  special  form,  but  must 
clearly  identify  the  case  to  which  it  refers,  and  must  be  in  writing. 

Inventions  may  be  assigned  before  they  are  patented. 

A  full  assignment  of  the  patent  by  the  inventor  gives  to  the  assignee 
the  whole  benefit  of  the  invention,  including  the  original  and  any  ex- 
tended term. 

Damage  for  infringement  may  be  recovered,  even  though  the  plain- 
tiff has  parted  with  his  interest  at  the  time  the  suit  is  brought. 

An  assignment  of  the  entire  right  in  the  patent  for  a  particular  part 
of  the  country  may  be  made. 

An  assignment  of  the  patent  may  be  made  by  the  administrators  of 
a  deceased  inventor. 

An  assignment,  grant,  or  conveyance  is  void  as  against  any  subse- 
quent purchaser  or  mortgagee  for  a  valuable  consideration,  without 
notice,  unless  it  is  recorded  in  the  Patent  Office  within  three  months 
from  the  date  thereof. 


PATENT  LAW.  635 

An  assignment  of  an  unpatented  invention  which  does  not  contain 
a  request  that  the  patent  issue  to  the  assignee  does  not  convey  legal 
title  to  the  patent. 

A  patent  cannot  issue  to  the  assignee  unless  the  assignment  contains 
a  request  to  that  effect  and  is  duly  recorded. 

An  unrecorded  assignment  is  valid  against  the  assignor. 

The  record  of  an  assignment,  whenever  made,  is  notice  to  a  subse- 
quent purchaser. 

An  assignment  of  a  patent  covering  all  modifications  and  reissues 
of  the  same  does  not  cover  a  later  machine  doing  the  same  thing  by 
different  means. 

Since  any  person  may  obtain  a  patent,  any  person  may  assign  it,  but 
minors  must  do  so  by  guardian. 

An  assignment  of  all  the  property  of  an  inventor  does  not  include  a 
patent  right,  if  it  excepts  property  legally  exempt. 

A  right  of  action  for  damages  for  past  infringement  may  be  as- 
signed. 

An  assignee  may  maintain  a  suit  for  infringement,  but  his  assign- 
ment must  first  be  of  record. 

The  inventor  cannot  affect  assignee's  right  by  an  unauthorized  re- 
issue. 

A  licensee  is  estopped  to  deny  the  validity  of  the  patent  as  against 
the  patentee. 

A  statute  requiring  a  note  to  bear  the  words,  "Given  for  a  patent 
right,"  when  such  is  the  case,  is  unconstitutional. 

An  assignee  can  sue  in  his  own  name  for  the  infringement  of  his  ex- 
clusive right. 

A  trustee  in  insolvency  does  not,  by  virtue  of  the  appointment  as 
trustee,  acquire  the  patent  rights  of  the  insolvent  person. 

Claims. — A  combination  claim  does  not  cover  the  elements  sepa- 
rately. 

A  claim  so  expansive  as  to  include  all  previous  and  future  inven- 
tions for  the  same  purpose  is  invalid. 

The  first  inventor  in  the  field  is  entitled  to  have  his  claims  construed 
broadly. 

A  claim  for  an  effect  or  a  function  cannot  be  sustained ;  it  must  con- 
tain the  means  by  which  the  result  is  attained. 

A  claim  must  be  either  to  the  physical  structure,  a  combination  of 
devices,  or  to  a  method  of  operation. 

The  court  should,  if  possible,  construe  the  claims  to  sustain  the 
patent. 

A  claim  should  be  construed  liberally,  but  it  must  be  limited  by  the 
state  of  the  art  at  the  time  the  application  was  filed. 

The  whole  specification  should  be  consulted  in  construing  a  claim. 

A  patentee  is  limited  to  his  claim. 

A  patentee  is  bound  by  his  claim. 

Our  law  requires  the  patentee  to  specify  what  he  considers  to  be  new, 
and  if  he  claims  a  combination  of  elements  each  one  is  material. 


636  hillyer's  legal  manual. 

The  claim  is  an  attempt,  on  the  part  of  the  inventor,  to  describe  the 
very  thino;  that  he  has  invented  and  for  which  he  seeks  a  patent. 

The  office  of  the  claim  is  to  define  the  limits  of  the  thing  patented 
by  the  inventor. 

A  patentee  takes  no  more  than  he  has  claimed,  and  a  failure  to  claim 
raises  a  presumption  of  abandonment. 

Combination. — Where  a  patent  is  for  a  combination  simply,  it  is  a 
presumption  that  all  the  elements  are  old. 

A  new  combination  of  old  devices  is  patentable,  but  the  useful  re- 
sult must  be  the  result  of  the  combination. 

The  combination  is  to  be  regarded  as  a  unit. 

Combinations  must  be  maintained  as  entireties. 

To  eliminate  what  is  a  plainly  declared  element  of  a  combination  is 
beyond  the  power  of  judicial  construction. 

Proof  of  want  of  novelty  must  go  to  the  entire  combination  as  a 
unit,  not  to  elements. 

To  establish  novelty  it  is  not  necessary  to  establish  the  novelty  of 
all  the  parts. 

A  patent  for  a  combination  which  proves  inoperative  is  void. 

A  new  combination  of  old  elements  is  patentable  when  it  produces  a 
new  result. 

To  infringe  a  combination  every  element  must  be  used. 

Composition  of  Matter. — A  new  composition  of  matter  is  patentable 
if  useful. 

The  omission  of  an  ingredient,  before  believed  to  be  essential,  is 
patentable. 

If  substantially  the  same  substance  is  made  by  a  new  process,  it  is 
still  an  infringement  of  the  old  one,  if  patented. 

Copyrights. — There  was  no  common-law  copyright. 

The  author  of  a  dramatic  composition  does  not  abandon  it  by  caus- 
ing it  to  be  acted  for  his  benefit. 

Property  in  a  manuscript  does  not  depend  on  the  intention  or  will 
of  the  author  as  to  publication. 

A  chart  consisting  of  a  single  sheet  of  paper  may  be  a  ''book," 
within  the  meaning  of  the  copyright  laws. 

Strict  compliance  with  the  law  is  required  to  perfect  a  copyright. 

Date  of  Invention. — The  date  of  invention  is  the  date  of  the  discov- 
ery of  the  principle  involved  and  the  attempt  to  embody  it  in  a  ma- 
chine. 

In  the  absence  of  other  proof,  the  date  of  invention  will  be  consid- 
ered to  be  the  date  of  the  application  for  patent. 

Reduction  to  practice  is  the  embodiment  of  the  idea  in  some  distinct 
form,  capable  of  attaining  the  result. 

Drawings  and  sketches  made  before  filing  of  an  application  for  pat- 
ent may  be  used  to  show  invention  before  that  time. 

Designs. — Appearance  and  not  utility  controls  the  issue  of  a  design. 


PATENT  LAW.  637 

Substantial  identity  to  a  casual  observer  causes  infringement  of  a 
design  patent. 

Design  patents  are  subject  to  the  general  principles  of  mechanical 
patents,  as  to  construction. 

It  is  not  necessary  that  the  design  be  copied  in  every  particular  for 
it  to  infringe  the  patent. 

The  mottled  appearance  of  enameled  ware  was  held  not  patentable. 

Employer  and  Employee. — Persons  are  not  deprived  of  their  rights 
to  their  inventions  while  in  the  employment  of  others,  unless  they  have 
been  hired  and  paid  for  that  purpose. 

An  inventor  under  a  contract  with  an  employer  to  make  improve- 
ments in  certain  machines  is  not  bound  to  give  other  improvements 
made  after  his  contract  had  expired. 

A  government  workman  cannot  be  held  liable  in  a  court  of  the 
United  States  for  doing  work  that  is  an  infringement  of  a  patent. 

An  employee  may  be  enjoined  from  disclosing  the  secret  invention 
of  his  employer. 

An  assignment  of  inventions  may  be  made  to  an  employer  in  advance 
of  their  invention. 

A  patent  to  one  of  two  partners  is  not  partnership  property.  If  one 
person  furnishes  the  money  and  the  other  does  the  work,  they  cannot 
obtain  a  joint  patent. 

Equivalent. — The  word  ''equivalent"  has  two  meanings — the  results, 
and  the  mechanism  by  which  the  results  are  produced. 

An  equivalent  of  any  substance  is  one  that  will  produce  similar  re- 
sults and  which  has  similar  properties. 

In  a  patent  for  a  combination  the  use  of  equivalents,  known  at  the 
date  of  the  patent,  may  be  excluded. 

The  inventor  of  a  new  combination  is  entitled  to  the  benefit  of 
mechanical  equivalents  known  at  the  time  of  his  invention,  if  used  in 
the  same  combination. 

A  mechanical  equivalent  is  a  device  which  performs  substantially 
the  same  result  by  substantially  the  same  mechanical  means. 

Evidence. — Where  a  witness  testifies,  after  a  patent  has  become 
valuable,  that  on  some  particular  occasion,  long  ago,  he  suggested  the 
idea  to  the  patentee,  the  testimony  should  be  received  with  hesitation. 

Models  and  drawings  may  be  introduced  in  evidence. 

The  file  contents  and  application  record  are  evidence  of  a  patentee's 
intention  in  construing  his  patent. 

It  is  the  highest  evidence  possible  of  patentability  that  a  machine 
produces  an  article  with  a  great  economy  of  time  and  labor. 

Experiments. — A  mere  principle  or  idea,  until  it  assumes  practical 
form,  is  not  patentable. 

Crude  and  imperfect  experiments  are  not  sufficient  to  confer  a 
patent  right. 

Prior  imperfect  contrivances  will  not  defeat  the  novelty  of  an  in- 
vention. 


638  hillyer's  legal  manual. 

An  abandoned  experiment  will  not  defeat  a  patent. 

The  fact  that  a  preceding  device  made  no  impression  on  the  trade 
and  was  not  a  practical  success  is  an  indication  of  an  abandoned  ex- 
periment. 

An  abandoned  experiment  does  not  constitute  an  infringement  on 
which  an  injunction  will  be  granted. 

Fees.— Rule  202.     Nearly  all  the  fees  payable  to  the  Patent  Office 

are  positively  required  by  law  to  be  paid  in  advance For  the 

sake  of  uniformity  and  convenience,  the  remaining  fees  will  be  re- 
quired to  be  paid  in  the  same  manner. 

Rule  208.  Money  paid  by  actual  mistake  ....  w411  be  refunded, 
but  a  mere  change  of  purpose  after  payment  ....  will  not  entitle  a 
party  to  demand  such  return. 

Improvements. — A  new  idea  ingrafted  on  an  old  conception  is  pat- 
entable. 

An  inventor  may  patent  an  improvement  on  his  own  invention. 

The  addition  of  a  useless  appendage  does  not  defeat  the  charge  of 
infringement. 

A  patented  improvement  does  not  confer  the  right  to  use  the  origi- 
nal invention. 

An  improvement  on  a  patented  process  does  not  give  a  right  to  use 
the  latter. 

A  patented  improvement  does  not  of  itself  give  the  right  to  use  the 
thing  improved. 

An  improver  cannot  use  the  thing  improved  without  a  license,  if  it 
is  patented. 

An  improver  who  infringes  is  liable  therefor,  even  though  he  has 
obtained  a  patent. 

Infringement. — Infringement  involves  substantial  identity. 

To  infringe  it  is  not  necessary  that  the  patent  be  copied  in  every 
particular,  if  the  parts  are  substantially  the  same  it  is  sufficient. 

A  better  result  will  not  avoid  infringement  where  the  means  used  is 
substantially  the  same. 

If  a  patented  invention  is  not  operative,  it  cannot  be  infringed  by 
one  that  is. 

An  article  incapable  of  performing  the  functions  of  a  patented  de- 
vice cannot  be  an  infringement.  A  device  which  may  be  forced  to 
operate  like  the  patented  device  is  not  an  infringement  if  such  use  is 
not  an  object  of  construction. 

To  make  a  patented  article  in  order  to  experiment  with  it  as  a  basis 
for  proposed  improvement  by  the  maker  is  not  infringement. 

Infringement  is  not  a  question  whether  one  machine  does  as  well  as 
another  that  is  patented,  but  whether  its  principle  or  combination  is 
the  same. 

A  patent  for  several  improvements  is  infringed  by  the  use  of  one  of 
those  improvements. 


PATENT  LAW.  639 

The  same  result  obtained  by  other  means  than  those  of  the  patent 
is  not  an  infringement. 

A  difference  of  form  or  size  will  not  avoid  infringement. 

An  infringement  may  be  committed  by  the  use,  after  a  patent  issues, 
of  a  device  constructed  before  the  issue  of  the  patent. 

A  patentee  is  estopped  from  denying  the  validity  of  the  patent  in  a 
suit  for  infringement  brought  against  him  by  his  assignee. 

To  make  for  use  in  order  to  see  whether  the  use  will  be  profitable, 
and  using  for  that  purpose,  is  infringement. 

The  possession  of  infringing  articles  bought  for  use,  but  not  yet 
used,  is  an  infringement. 

There  may  be  an  infringement  though  the  infringer  does  not  know 
of  the  patent. 

A  sale  of  an  infringing  device  by  an  agent  is  an  infringement  by 
the  principal. 

Any  party  making  profits  by  an  infringement  is  a  wrongdoer  and  is 
liable  to  the  patentee. 

One  who  licenses  others  to  use  certain  improvements  of  his  own  does 
not  infringe  the  original  patent  improved  upon. 

The  use  of  an  infringing  device  is  not  justified  by  the  fact  that  the 
patentee  failed  for  some  years  to  manufacture  his  device. 

Nor  by  the  refusal  of  the  patentee  to  furnish  his  device  when  re- 
quired. 

No  infringement  can  be  committed  before  the  issue  of  the  patent. 

A  patent  does  not  give  the  right  to  sell  in  foreign  countries  ex- 
clusively, but  the  patentee  may  reserve  the  right  to  make  and  sell  for 
export  to  himself. 

Infringement  consists  in  the  making,  using  or  selling  a  patented 
machine. 

It  is  an  infringement  to  make  a  patented  article,  even  if  it  is  never 
used. 

Where  a  machine  is  licensed  for  a  particular  territory  it  is  not  law- 
ful to  remove  it  to  some  other  place. 

The  infringement  of  a  patent  is  a  tort,  i.  e.,  a  private  wrong. 

Parties  actually  making  an  infringing  machine  may  be  held  liable, 
even  though  employed  by  a  third  party. 

A  person  who  sells  an  infringing  machine  for  another  may  be  en- 
joined, even  though  he  has  no  interest  in  it  himself. 

Injunctions. — A  bond  may  be  taken  where  the  infringer  is  able  to 
pay  damages. 

There  is  no  fixed  rule  as  to  what  term  will  entitle  the  patentee  to  a 
preliminary  injunction. 

Long  public  acquiescence  in  an  inventor's  right  is  sufficient  to  war- 
rant a  preliminary  injunction  where  the  infringement  is  clear. 

A  preliminary  injunction  will  not  be  granted  on  an  insufficient  or 
defective  specification. 

A  preliminary  injunction  will  not  be  granted  where  on  the  same 
proofs  final  relief  would  be  denied. 


640 

Where  infringement  is  doubtful  a  preliminary  injunction  will  be 
refused. 

The  court  will  not  decide  doubtful  questions  on  a  motion  for  a  pre- 
liminary injunction. 

It  is  no  objection  to  a  motion  for  an  injunction  that  a  jury  has  not 
passed  on  the  case. 

The  right  of  granting  an  injunction  lies  in  the  sound  discretion  of 
the  court. 

An  injunction  may  be  granted  against  a  licensee  if  he  does  not  act 
within  his  license. 

Interferences. — An  interference  is  a  proceeding  instituted  for  the 
purpose  of  determining  the  question  of  priority  of  invention  between 
two  or  more  parties  claiming  substantially  the  same  patentable  inven- 
tion.    Rule  93. 

The  party  whose  application  was  last  to  be  filed  has  the  burden  of 
proof  as  to  date  of  invention. 

The  Patent  Office  must  determine  that  a  given  invention  is  patent- 
able before  it  declares  an  interference. 

Invention. — ''Invention"  in  the  patent  law  is  the  finding  out,  con- 
triving, devising  or  creating  something  new  and  useful  which  did  not 
exist  before,  by  an  operation  of  the  intellect. 

Invention  may  consist  in  the  application  of  old  elements  to  a  new 
use. 

Substitution  of  a  new  element  in  an  old  combination  involves  inven- 
tion. 

A  simple  change  in  position  which  others  failed  to  discover,  and 
which  avoided  a  grave  defect,  constitutes  a  patentable  invention. 

Any  change  in  position  of  old  elements,  whereby  new  and  better  re- 
sults are  attained,  is  patentable. 

Rearranging  an  old  machine  so  as  to  dispense  with  certain  expensive 
parts,  whereby  it  is  simplified,  is  invention. 

Where  a  difference  in  form  is  productive  of  new  and  useful  results, 
it  is  patentable. 

It  is  of  no  consequence  to  the  validity  of  a  patent  how  much,  or  how 
little,  labor  or  study  the  invention  cost. 

It  is  no  objection  to  the  validity  of  a  patent  that  the  combination 
appears  simple. 

Invention  appearing,  the  law  does  not  attempt  to  measure  its  degree. 

Mere  change  of  form  does  not  amount  to  invention. 
.     That  a  device  has  gone  into   general  use,  displacing  all  others,  is 
evidence  of  its  patentability. 

To  make  in  a  single  casting  what  has  been  before  made  in  parts  is 
not  invention. 

To  provide  a  machine  with  wheels  to  make  it  portable  is  not  in- 
vention. 

A  patent  cannot  embrace  more  than  one  invention. 

Distinct  improvements  in  one  machine  may  be  embodied  in  one 
patent. 


PATENT  LAW.  641 

The  burden  of  proving  prior  invention  or  use  is  on  the  person  seek- 
ing to  have  the  patent  declared  void. 

A  product  cannot  be  embraced  in  a  claim  for  the  process. 

To  entitle  a  person  to  a  patent,  he  must  be  the  original  and  first 
inventor  of  the  thing  sought  to  be  patented. 

Of  two  inventors  of  the  same  thing,  the  first  only  is  entitled  to  a 
patent. 

The  fact  that  a  person  has  an  idea  in  his  head,  or  has  sketched  it, 
does  not  make  him  the  first  inventor;  he  must  proceed  with  it  and 
reduce  it  to  practice. 

Where  the  money  to  experiment  is  furnished  by  one  person  to  an- 
other, botji  cannot  obtain  a  joint  patent,  but  an  assignment  may  be 
made. 

Jurisdiction. — Decisions  of  the  patent  office  do  not  bind  the  courts. 

The  federal  courts  have  jurisdiction  of  cases  where  the  validity  of 
the  patent  is  questioned. 

The  State  courts  have  jurisdiction  of  contracts  relating  to  patents 
where  the  validity  of  the  patent  is  not  questioned,  where  the  parties 
reside  in  the  same  State. 

A  State  cannot  tax  a  patent,  but  may  tax  the  income  from  it. 

United  States  courts  are  empowered  to  take  up  a  patent  and  decide 
any  question  in  relation  to  it  without  regard  to  a  jury. 

The  patent  laws  have  no  effect  outside  the  United  States;  except 
that  they  are  of  force  in  certain  of  the  possessions  of  the  United 
States. 

The  court  cannot  correct  mistakes  in  a  patent;  it  merely  construes 
what  is  in  the  patent. 

License. — A  license  to  manufacture  at  a  certain  place  is  personal 
and  not  transferable. 

A  patentee  may  forfeit  his  right  to  a  patent  by  permitting  others  to 
use  the  invention  before  the  patent  is  granted. 

A  conveyance  of  the  right  to  make  and  sell  the  invention  includes 
the  right  to  use  it. 

A  license  to  use  one  machine  does  not  give  the  right  to  use  two, 
even  though  both  were  never  in  use  at  the  same  time. 

A  license  may  be  granted  before  the  issuance  of  the  patent. 

A  personal  license  granted  for  a  certain  period  will  expire  at  the 
death  of  the  licensee  unless  also  granted  to  his  assignees. 

A  license  to  a  partnership  is  not  affected  by  a  change  of  members 
in  the  firm. 

A  license  to  manufacture  ''at  their  shop"  in  a  place  described  is  not 
transferable. 

A  license  to  use  "at  his  own  establishment"  does  not  cover  a  use  at  a 
shop  owned  by  himself  and  others. 

A  license  to  use  a  device  on  a  certain  railroad  does  not  carry  the 
right  to  use  the  device  on  the  cars  of  the  licensee  over  whatever  rail- 
road they  may  be  run. 

41 


642  hillyer's  legal  manual. 

A  license  to  a  railroad  company  to  use  a  patented  device  on  their 
road  extends  no  further  than  the  road  was  built  and  used  by  it  at  the 
time  the  license  was  given,  the  use  on  roads  built  or  leased  afterward 
not  being  protected. 

A  license  **to  use  to  the  extent  of  one  machine"  includes  the  right  to 
make  for  such  use  and  to  repair  indefinitely. 

The  words  ''licensed  to  use  only"  if  stamped  on  an  invention  are  no- 
tice that  it  is  used  under  such  a  license  and  that  the  license  expires  on 
its  first  use. 

A  license  is  estopped  from  denying  the  validity  of  the  patent. 

Licenses  are  not  required  to  be  in  writing,  nor  is  the  amount  of  the 
license  fee  required  to  be  in  writing. 

A  State  may  refuse  a  license  to  be  taken  out  to  use  an  article,  and 
the  fact  that  it  is  patented  will  not  defeat  this  right. 

A  licensee  who  fails  to  comply  with  the  terms  of  his  license  may  be 
enjoined  as  an  infringer. 

A  party  who  is  a  mere  licensee  cannot  maintain  a  suit  for  infringe- 
ment in  his  own  name. 

Marking  "Patented." — The  law  makes  it  the  duty  of  the  manufac- 
turer to  give  the  public  notice  of  the  patent  by  marking  the  articles,  or 
the  packages  containing  them,  with  the  word  ''patented,"  or  with 
words  of  similar  import. 

Under  the  law,  the  patentee  can  recover  nothing  for  infringements 
unless  he  has  marked  the  articles  as  above,  unless  he  shows  that  he  had 
notified  the  defendant. 

Prior  to  the  grant  of  the  patent,  the  inventor  may  mark  articles  made 
in  accordance  with  the  invention  "Patent  applied  for." 

If  articles  are  marked  "Patented"  illegally,  the  law  allows  any  per- 
son to  sue  for  a  penalty  of  $100,  one-half  of  which  goes  to  the  use  of 
the  United  States. 

Patentability. — A  combination  made  by  inserting  in  a  groove  at  the 
end  of  a  lead  pencil,  an  eraser,  so  that  one  end  may  be  used  to  write 
with  and  the  other  to  erase  with,  is  not  patentable.  There  is  no  new 
result,  no  joint  operation. 

In  the  ease  of  doubt  as  to  invention,  it  will  be  congenial  to  the  policy 
of  the  law  to  grant  the  petitioner  his  patent. 

The  patentability  of  an  invention  is,  in  many  cases,  best  shown  by  its 
utility. 

Placing  an  old  apparatus  in  a  new  location  on  a  machine  is  not  suffi- 
cient to  support  a  patent. 

The  mere  function  of  a  machine  is  not  patentable. 

New  contrivances  applied  to  old  objects  are  patentable. 

The  statutes  do  not  require  inventions  to  be  superior  to  or  better 
than  all  others  of  their  kind  to  be  patentable. 

An  old  process  used  under  new  conditions  and  producing  new  results 
is  patentable. 


PATENT  LAW.  643 

Process. — ^A  process  and  an  apparatus  may  be  related  and  may- 
approach  each  other  so  nearly  that  it  will  be  difficult  to  distinguish  the 
process  from  the  function  of  the  machine. 

When  a  process  and  an  apparatus  are  so  related  as  to  constitute  a 
single  unitary  invention,  they  may  be  claimed  in  a  single  application. 

A  process  and  its  product  may  be  claimed  in  a  single  case,  where 
they  are  so  closely  related  as  to  be  indivisible. 

A  patentee  is  not  bound  by  his  theory  of  the  operation  of  a  process, 
if  it  happens  to  be  different. 

In  the  language  of  the  patent  law,  a  process  is  an  ''art.*' 

Though  the  product  may  not  be  new,  the  process  by  which  it  is  made 
may  be. 

An  inventor  may  obtain  a  patent  for  a  process  and  another  for  the 
product. 

Public  Use. — Secret  use  will  not  invalidate  a  patent.  In  the  patent 
law,  ''Public  Use"  is  proved  by  a  single  use  by  any  person,  not  the 
inventor,  or  by  the  inventor,  if  the  use  was  not  experimental. 

The  law  permits  an  inventor  to  construct  a  machine  and  place  it  in 
friendly  hands  for  the  purpose  of  testing  it,  and  if  the  use  is  strictly 
for  that  purpose  the  right  of  the  inventor  remains  unimpaired. 

Experimental  use  in  public  will  not  impair  an  inventor's  rights,  even 
though  for  more  than  two  years. 

Prior  use  in  a  foreign  country  will  not  invalidate  a  patent,  but  the 
patentee  must  be  the  original  inventor. 

To  invalidate  a  patent,  two  years'  public  use  must  be  clearly  proved 
beyond  a  doubt,  and  the  machine  must  be  a  practical  and  operative  in- 
vention. 

The  burden  of  proof  is  on  the  party  who  sets  up  the  defense  of  "Pub- 
lic Use." 

The  making  of  a  machine  without  using  it  is  not  public  use. 

Reissues. — Rule  85.  A  reissue  is  granted  ....  when  the  original 
patent  is  inoperative  or  invalid  by  reason  of  a  defective  or  insufficient 
specification,  or  by  reason  of  the  patentee  claiming  as  new  more  than 
he  had  a  right  to  claim  as  new,  provided  the  error  has  arisen  through 
inadvertence,  accident,  or  mistake,  and  without  any  fraudulent  or  de- 
ceptive intention. 

A  reissue  after  two  years  will  not  be  granted  unless  special  circum- 
stances are  present,  but  a  reissue  to  narrow  the  claims  will  be  granted 
after  a  lapse  of  any  number  of  years. 

A  claim  rejected  and  canceled  in  the  original  application  cannot  be 
reinstated  in  a  reissue. 

If  the  application  for  a  reissue  is  refused,  the  original  patent  remains 
precisely  as  it  was  before  the  reissue  application  was  made. 

Insufficiency  of  claim  is  such  inoperativeness  as  will  sustain  a  reissue. 

The  reissue  does  not  extend  the  term  of  the  original  patent. 

Reduction  to  Practice. — This  expression  does  not  mean  bringing  the 
invention  into  actual  use,  but  simply  reducing  it  to  such  form  that  it 
may  be  used  and  is  not  mere  theory. 


644 

An  inventor  has  reduced  his  invention  to  practice  when  he  has  de- 
scribed it  upon  paper,  with  such  drawings  as  will  enable  any  person 
skilled  in  the  art  to  make  and  use  it,  but  he  is  not  obliged  to  furnish 
drawings  till  he  makes  application  for  a  patent. 

When  an  inventor  has  complied  with  the  law  by  filing  an  applica- 
tion for  a  patent  fully  describing  his  invention,  the  application  being 
verified  by  an  oath,  he  has  reduced  the  invention  to  practice  for  the 
purpose  of  obtaining  a  patent. 

Putting  into  use  generally  is  strong  evidence  of  a  reduction  to  prac- 
tice. 

Trademarks. — ^A  trademark  is  a  symbol  or  device  used  by  a  manu- 
facturer or  a  merchant  to  distinguish  the  products,  manufactures,  or 
merchandise  which  he  produces,  or  sells,  from  that  of  others,  and  must 
not  be  descriptive. 

Words,  devices,  or  even  a  name  in  certain  cases,  may  be  adopted  as 
a  trademark. 

The  office  of  a  trademark  is  to  point  out  the  origin  or  ownership  of 
the  article  to  which  it  is  affixed. 

A  trademark  is  a  mark  without  any  special  meaning. 

The  following  have  been  held  to  be  valid  trademarks:  ''Celluloid," 
''Cottolene,"  ''Cuticura,"  "Flinch,"  ''Pigs  in  Clover,"  "Uneeda." 

The  following  have  been  held  to  be  invalid  trademarks:  Best  Soap, 
Borax  Soap,  Chill  Stop,  Fitmeeasy,  Gold  Leaf  Flour,  Malted  Milk, 
Prime  Leaf  Lard,  Steel  Shod  Shoes,  Taffy  Tolu. 

A  trademark  is  the  sign  of  the  goodwill  or  reputation  of  a  business. 

The  right  of  property  of  a  person  in  a  trademark  will  be  protected 
by  the  courts  irrespective  of  fraud  or  intent  of  the  infringer. 

To  be  covered  by  a  single  trademark  the  goods  must  be  of  substan- 
tially the  same  character. 

A  sign  or  label  must  be  used  by  a  proprietor  in  good  faith,  so  as  not 
to  deceive  the  public,  to  receive  the  protection  of  the  courts. 

The  courts  take  a  liberal  view  of  the  construction  of  representations 
made  concerning  goods,  and  are  not  disposed  to  give  them  their  strict- 
est interpretation. 

A  person  may  not  designate  a  thing  with  his  own  name  in  order  to 
deceive  the  public  into  thinking  it  is  the  goods  of  another  of  that 
name. 

The  Singer  sewing-machine  became  known  to  the  trade  by  that  name, 
and  when  the  patent  expired  it  was  held  that  the  use  of  that  name  be- 
came public. 

The  various  fees  of  the  Patent  Office  are  as  follows: 

Each  original  application  for  patent $15  00 

Issuing  each  original  patent 20  00 

Design  patent  31/2  years 10  00 

Design  patent  7  years 15  00 

Design  patent  14  years 30  00 

Trademark   application 10  00 


PATENTS—  COPYRIGHTS.  645 

Print  or  label 6  00 

Each  reissue  application 30  00 

Filing  caveat. 10  00 

Appeal  to  examiners-in-chief 10  00 

Appeal  to  the  commissioner 20  00 

COPYRIGHTS. 

Copyrights  are  granted  by  the  United  States  for  the  term  of  twenty- 
eight  years,  and  may  be  renewed  for  a  term  of  fourteen  years,  to  any 
citizen  of  the  United  States  or  resident  therein,  who  shall  be  the  author, 
inventor,  or  proprietor  of  any  book,  map,  chart,  dramatic  or  musical 
composition,  engraving,  cut,  print,  photograph  or  negative  thereof,  or 
of  a  painting,  drawing,  chromo,  statue,  model,  or  design  not  intended 
for  use  as  a  trademark  or  label. 

The  total  cost  of  a  copyright  is  $5. 

FOREIGN  PATENTS. 

The  attention  of  inventors  is  called  to  the  ever-widening  field  for 
the  manufactures  of  this  country  in  foreign  markets,  and  to  properly 
place  your  goods  in  these  fields  it  is  necessary  that  you  have  them  pro- 
tected there.  Any  goods  placed  in  a  foreign  market  without  restric- 
tions of  any  kind  will  be  sure  to  bring  you  nothing  more  than  discour- 
agements unless  you  have  them  patented.  No  sooner  does  a  good 
machine  appear  in  these  markets  than  the  manufacturers  at  once  try  to 
pirate  it,  unless  there  is  a  patent  on  it  in  the  given  country,  and  in 
many  of  them  the  requirements  are  not  as  severe  as  in  the  United 
States,  so  that  unless  the  invention  is  protected  in  that  country  there 
will  be  little  profit  in  introducing  the  invention  there. 

The  entire  charges  for  foreign  patents  run  from  $50.00  for  a  Canadian 
patent  to  $250  for  some  of  the  South  American  countries,  and  the  aver- 
age for  foreign  patents  will  be  about  the  same  as  the  total  charges  for  a 
United  States  patent.  The  terms  of  foreign  patents  vary  for  different 
countries.  In  Great  Britain  the  term  is  fourteen  years,  while  in  Mexico 
the  term  is  twenty  years,  and  a  few  other  countries  allow  the  patent  to 
run  as  long  as  twenty  years.  In  addition  to  the  preliminary  fee,  many 
of  the  countries  require  a  payment  of  some  kind  in  the  nature  of  a  tax 
each  year,  but  this  is  not  a  serious  matter,  if  the  invention  proves  to  be 
worth  anything  at  all.  In  Japan  the  fees  of  the  government  are  $5  for 
the  first  filing  of  the  case  and  $5  for  each  year  thereafter  with  an  in- 
crease of  $2.50  for  each  period  of  three  years,  and  the  total  time  the 
patent  is  allowed  to  run  is  fifteen  years.  This  Japanese  system,  it  may 
be  remarked,  is  substantially  the  same  as  our  own,  as  regards  the 
working  of  the  laws. 


6-^6 

The  following  table  gives  the  cost  of  foreign  patents  in  a  number  of 
the  foreign  countries  and  is  intended  to  cover  the  more  simple  cases. 
The  charges  are  for  the  government  fee  and  the  attorney  fee. 

Australia    14  years $110 

Austria   15  years 90 

Belgium    20  years 40 

Canada   18  years 50 

Denmark    15  years 75 

France    14  years 85 

Great  Britain   14  years 90 

Germany    15  years 90 

Hungary    15  years 80 

India  14  years 80 

Italy    15  years 80 

Japan    15  years 95 

Mexico    20  years 90 

New  Zealand 14  years 85 

Norway 15  years 75 

Portugal 15  years 65 

Russia    15  years 110 

Working  Foreign  Patents. — An  important  feature  of  many  of  the 
foreign  patent  law^s  is  that  they  require  the  patentee,  or  someone  for 
him,  to  work  the  invention  to  retain  his  right  to  the  exclusive  practice 
of  it.     Unless  the  patent  is  thus  kept  in  use  the  grant  becomes  void. 

Another  feature  of  the  foreign  patent  systems  of  several  countries  is 
that  any  public  knowledge  of  the  patent  in  this  country  will  invalidate 
the  patent  in  that  country.  In  all  cases  where  it  is  contemplated  to  file 
applications  in  countries  abroad  it  is  better  to  file  the  application  in 
those  countries  before  any  public  knowledge  of  the  invention  is  al- 
lowed to  be  disseminated  here. 

International  Union  for  the  Protection  of  Industrial  Property. — This 
union  comprises  the  following  named  countries,  and  is  for  the  purpose 
of  better  protecting  the  rights  of  inventors  in  those  countries :  Australia, 
Austria,  Belgium,  Brazil,  Ceylon,  Cuba,  Denmark,  Dominican  Repub- 
lic, Dutch  Indies,  Prance,  Germany,  Great  Britain,  Hungary,  Italy, 
Japan,  Mexico,  Netherlands,  New  Zealand,  Norway,  Portugal,  Spain, 
Surinam,  Sweden,  Switzerland,  Trinidad,  Tunis,  and  the  United 
States  of  America.  Any  person  filing  an  application  for  a  patent 
in  the  United  States  may  within  twelve  months  file  an  application 
in  any  one  of  these  countries  and  the  date  will  relate  back  to  the 
date  of  filing  in  the  United  States.  In  such  cases  acts  which  would 
have  invalidated  the  patent  in  these  countries  must  have  occurred  be- 
fore the  filing  of  the  application  in  the  United  States. 


PATENTS — PENSIONS.  647 

ARMY  AND  NAVY  PENSIONS. 
APPLICATIONS  AND  ATTORNEYS. 

Fees  of  Attorney  for  Prosecuting  Claims — Fees  not  Paid  in  Certain 
Cases  to  be  Deducted  from  Pension. — No  agent  or  attorney  or  other 
person  shall  demand  or  receive  any  other  compensation  for  his  service 
in  prosecuting  a  claim  for  pension  or  bounty  land  than  such  as  the 
Commissioner  of  Pensions  shall  direct  to  be  paid  to  him,  not  exceeding 
twenty-five  dollars ;  nor  shall  such  agent,  attorney  or  other  person  de- 
mand or  receive  such  compensation,  in  whole  or  in  part,  until  such  pen- 
sion or  bounty  land  claim  shall  be  allowed:  Provided,  that  in  all  claims 
allowed  since  June  20th,  1878,  where  it  shall  appear  to  the  satisfaction 
of  the  Commissioner  of  Pensions  that  the  fee  of  ten  dollars,  or  any 
part  thereof,  has  not  been  paid,  he  shall  cause  the  same  to  be  deducted 
from  the  pension,  and  the  pension  agent  to  pay  the  same  to  the  recog- 
nized attorney. 

Agreement  for  Amount  of  Fee  to  be  Filed — Fee  in  Case  of  Failure  to 
File  Agreement — ^Articles  of  Agreement,  etc.,  Recognized  in  Certain 
Claims  Only — Fee  for  Bounty  Land,  etc. — No  Fee  Allowed  for  Arrears 
of  Pension,  etc. — The  agent  or  attorney  of  record  in  the  prosecution  of 
the  case  may  cause  to  be  filed  with  the  Commissioner  of  Pensions,  dupli- 
cate articles  of  agreement,  without  additional  cost  to  the  claimant, 
setting  forth  the  fee  agreed  upon  by  the  parties,  which  agreement  shall 
be  executed  in  the  presence  of  and  certified  to  by  some  officer  competent 
to  administer  oaths.  In  all  cases  where  application  is  made  for  pension 
or  bounty  land,  and  no  agreement  is  filed  with  the  commissioner  as 
herein  provided,  the  fee  shall  be  ten  dollars  and  no  more.  And  such 
articles  of  agreement  as  may  hereafter  be  filed  with  the  Commissioner 
of  Pensions  are  not  authorized,  nor  will  they  be  recognized,  except  in 
claims  for  original  pensions,  claims  for  increase  of  pension  on  account 
of  a  new  disability,  in  claims  for  restoration  where  a  pensioner's  name 
has  been  or  may  hereafter  be  dropped  from  the  pension-rolls  on  testi- 
mony taken  by  a  special  examiner,  showing  that  the  disability  or  cause 
of  death  on  account  of  which  the  pension  was  allowed  did  not  orig- 
inate in  the  line  of  duty,  and  in  cases  of  dependent  relatives  whose 
names  have  been  or  may  hereafter  be  dropped  from  the  rolls  on  like 
testimony,  upon  the  ground  of  nondependence,  and  in  such  other  cases 
of  difficulty  and  trouble  as  the  Commissioner  of  Pensions  may  see  fit  to 
recognize  them:  Provided,  that  no  greater  fee  than  ten  dollars  shall  be 
demanded,  received,  or  allowed  in  any  claim  for  pension  or  bounty 
land  granted  by  special  act  of  Congress,  nor  in  any  claim  for  increase 
of  pension  on  account  of  the  disability  for  which  the  pension  had  been 
allowed :  And  provided  further,  that  no  fee  shall  be  demanded,  received, 
or  allowed  in  any  claim  for  arrears  of  pension  or  arrears  of  increase 
of  pension  allowed  by  any  act  of  Congress  passed  subsequent  to  the 
date  of  the  allowance  of  the  original  claims  in  which  such  arrears  of 
pension  or  of  increase  of  pension,  may  be  allowed. 


648  HILLYER'S  LEGAL   MANUAL, 

Form  of  Articles  of  Agreement. — The  articles  of  agreement  herein 
provided  for  shall  be  in  substance  as  follows,  to  wit: 

ARTICLES  OF  AGREEMENT. 

Whereas  I,   ,  late  a   in  Company   of  the 

regiment  of volunteers,  war  of  eighteen  hundred  and 

sixty-one  (or,  if  the  service  be  different,  here  state  the  same),  having 
made  application  for  pension  under  the  laws  of  the  United  States : 

Now,  this  agreement  witnesseth,  that  for  and  in  consideration  of 
services  done  and  to  be  done  in  the  premises,  I  hereby  agree  to  allow 

my  attorney, of ,  the  fee  of dollars,  which 

shall  include  all  amounts  to  be  paid  for  any  service  in  furtherance  of 
said  claim ;  and  said  fee  shall  not  be  demanded  by  or  payable  to  my  said 
attorney  (or  attorneys),  in  whole  or  in  part,  except  in  case  of  the 
granting  of  my  pension  by  the  Commissioner  of  Pensions ;  and  then  the 
same  shall  be  paid  to  him  (or  them)  in  accordance  with  the  provisions 
of  sections  4768  and  4769  of  the  Revised  Statutes. 

(Claimant's  signature.) 

(Two  witnesses'  signatures.) 


State  of  

County  of , — ss. 

Be  it  known  that  on  this,  the  ....  day  of ,  Anno  Domini 

,  personally  appeared  the  above-named  ,  who,  after 

having  had  read  over  to ,  in  the  hearing  and  presence  of  the  two 

attesting  witnesses  the  contents  of  the  foregoing  articles  of  agreement, 

voluntarily  signed  and  acknowledged  the  same  to  be    free  act 

and  deed. 

(Official  signature,)      

And  now,  to  wit,  this  ....  day  of ,  Anno  Domini  eighteen 

And  now,  to  wit,  this  ....  day  of ,  Anno  Domini ,1  (or 

we)  accept  the  provisions  contained  in  the  foregoing  articles  of  agree- 
ment, and  will,  to  the  best  of  my  (or  our)  ability,  endeavor  faithfully 
to  represent  the  interest  of  the  claimant  in  the  premises. 

Witness  my  (or  our)  hand,  the  day  and  year  first  above  written. 

(Signature  of  attorney.)      ; 

State  of , 

County  of — ss. 

Personally  came ,  whom  I  know  to  be  the  person  he  rep- 
resents himself  to  be,  and   who,    having   signed    above  acceptance  of 

agreement,  acknowledged  the  same  to  be free  act  and  deed. 

(Official  signature.)      

Amount  Paid,  etc.,  to  be  Deducted  from  Fee. — And  if  in  the  adjudica- 
tion of  any  claim  for  pension  in  which  such  articles  of  agreement  have 
been,  or  may  hereafter  be,  filed,  it  shall  appear  that  the  claimant  had, 


PENSIONS.  649 

prior  to  the  execution  thereof,  paid  to  the  attorney  any  sura  for  his 
services  in  such  claim,  and  the  amount  so  paid  is  not  stipulated  therein, 
then  ever}^  such  claim  shall  be  adjudicated  in  the  same  manner  as 
thoug^h  no  articles  of  agreement  had  been  filed,  deducting  from  the 
fee  of  ten  dollars  allowed  by  law  such  sum  as  claimant  shall  show  that 
he  has  paid  to  his  said  attorney. 

Penalty  for  Violation  of  Act  Relating  to  Fees  or  Compensation. — Any 
agent  or  attorney  or  other  person  instrumental  in  prosecuting  any  claim 
for  pension  or  bounty  land,  who  shall  directly  or  indirectly  contract 
for,  demand  or  receive  or  retain  any  greater  compensation  for  his 
services  or  instrumentality  in  prosecuting  a  claim  for  pension  or  bounty 
land  than  is  herein  provided,  or  for  payment  thereof  at  any  other  time 
or  in  any  other  manner  than  is  herein  provided,  or  who  shall  wrong- 
fully withhold  from  a  pensioner  or  claimant  the  whole  or  any  part  of 
the  pension  or  claim  allowed  and  due  such  pensioner  or  claimant,  or  the 
land  warrant  issued  to  any  such  claimant,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  for  every  such  offense 
be  fined  not  exceeding  five  hundred  dollars,  or  imprisoned  at  hard  labor 
not  exceeding  two  years,  or  both,  in  the  discretion  of  the  court. 

Secretary  of  Interior  to  Prescribe  Rules  for  Government  of  Agents, 
etc.,  in  Prosecution  of  Claims. — That  the  Secretary  of  the  Interior  may 
prescribe  rules  and  regulations  governing  the  recognition  of  agents, 
attorneys,  or  other  persons  representing  claimants  before  his  depart- 
ment, and  may  require  of  such  persons,  agents,  and  attorneys, 
before  being  recognized  as  representatives  of  claimants,  that  they 
shall  show  that  they  are  of  good  moral  character  and  in  good  repute, 
possessed  of  the  necessary  qualifications  to  enable  them  to  render  such 
claimants  valuable  service,  and  otherwise  competent  to  advise  and 
assist  such  claimants  in  the  presentation  of  their  claims  and  such  sec- 
retary may,  after  notice  and  opportunity  for  a  hearing,  suspend  or 
exclude  from  further  practice  before  his  department  any  such  person, 
agent,  or  attorney  shown  to  be  incompetent,  disreputable,  or  who  re- 
fuses to  comply  with  the  said  rules  and  regulations,  or  who  shall  with 
intent  to  defraud  in  any  manner  deceive,  mislead,  or  threaten  any 
claimant,  or  prospective  claimant,  by  word,  circular,  letter,  or  by  adver- 
tisement. 

Commissioner  of  Pensions  may  Reject  Contracts  for  Fees,  etc. — The 

commissioner  shall  have  power,  subject  to  review  by  the  Secretary,  to 
reject  or  refuse  to  recognize  any  contract  for  fees,  herein  provided  for, 
whenever  it  shall  be  made  to  appear  that  any  undue  advantage  has 
been  taken  of  the  claimant  in  respect  to  such  contract. 


650  hillyer's  legal  manual. 

TABLE  OF  ATTORNEY  FEES. 
ALLOWED  BY  LAW. 
In  original  claims  allowed  under — 

All  general  laws  .(except  act  June  27,  1890,  act  April  19,  1908, 
and  such  acts  as  do  not  provide  for  payment  of  a  fee),  sec. 
4,  act  July  4,  1884,  authorizes  a  fee — 

On  properly  executed  articles  of  agreement,  any  amount 

contracted   for,   not   exceeding $25  00 

Without  articles  of  agreement 10  00 

Act  June  27,  1890  (sec.  4  of  said  act) 10  00 

Act  April  19,  1908  (sec.  2  of  said  act) 10  00 

Supplemental  claims — 

To  allow  for  child  by  former  marriage  if  filed  by  new  attor- 
ney    10  00 

To  allow  for  helpless  child — 

If  named  in  original  application,  but  new  attorney  pre- 
sents claim 10  00 

If  not  so  named,  whether  supplemental  claim  be  filed  by 

new  or  original  attorney 10  00 

To  allow  for  posthumous  child,  born  after  filing  claim,  unless 
expressly     exempted     by     mutual     agreement     between 

claimant   and    attorney 10  00 

Rerating  or  reissue  to  correct  rate  or  date  of  commencement,  if 

filed  by  new  attorney  (11  P.  D.  202) 10  00 

Reduction  in  rate  of  pension,  for  services  rendered  in  preventing 
(Secretary's  decision,  Dec.  27,  1900,  case  of  Charles  Hebel, 

certificate  No.  113,168) 10  00 

Dropping  pensioner's  name  from  roll,  for  services  rendered  in 

preventing  (9  P.  D.  236) 10  00 

Renewal,  restoration,  removal  of  suspension,  etc.,  ''cases  of  diffi- 
culty and  trouble"  (sec.  4,  act  July  4,  1884),  commissioner 
may  recognize  articles  of  agreement  for  not  exceeding  (8  P. 

D.   182) 25  00 

Restoration — 

Dropped  for  loss  of  title  on  testimony  taken  by  a  special  exam- 
iner showing  that  the  disability  or  cause  of  death  on  account 
of  which  pension  was  allowed  did  not  originate  in  line  of 
duty,  and  in  cases  of  dependent  relatives  whose  names  were 
dropped,  on  like  testimony,  upon  the  ground  of  nondepend- 
ence  (act  July  4,  1884)— 

In  claims  under  all  general  laws  (except  act  June  27,  1890, 
act  April  19,  1908,  and  such  acts  as  do  not  provide  for 
payment  of  a  fee) — 
On  properly  executed  articles  of  agreement,  any  amount 

contracted  for,  not  exceeding 25  00 

Without  articles  of  agreement 10  00 


PENSIONS.  651 

Under  act  June  27,  1890 $10  00 

Under  act  April  19,  1908 10  00 

Where  dropped  under  sec.  4719,  K  S.  (4  P.  D.  405) 10  00 

Increase  claims — 

Mexican  War,  Jan.  5,  1893,  and  amendatory  acts,  in  which  fee 

was  not  paid  prior  to  September  20,  1902  (12  P.  D.  505) ...   10  00 
In  cases  where  increase  is  granted  because  of  increase  of  the 
disability  for  which  pension  was   originally   allowed    (act 
March  3,  1891) 2  00 

NOT  PAYABLE  ON  ORDER  OP  COMMISSIONER  OF  PENSIONS, 
BUT  A  MATTER  OF  CONTRACT  BETWEEN  CLAIMANT  AND 
ATTORNEY,  SUBJECTING  THE  LATTER  TO  DISCIPLINARY 
PROCEEDINGS  IN  THE  EVENT  OF  EXTORTION  OR  UN- 
REASONABLENESS. 

Accrued  pensions,  act  March  2,  1895,  due  deceased  pensioners 
(rule  26,  practice)  :  Attorney  may  collect  10  per  cent  of 
accrued  pension  paid,  but  fee  must  not  exceed 10  00 

Divided  pensions,  act  March  3,  1899  (10  P.  D.  403)  :  Attorney 
may  collect  reasonable  fee,  and  in  absence  of  abuse  or 
misconduct  on  his  part  justifying  disbarment,  Commis- 
sioner of  Pensions  has  no  authority. 

CASES  WHEREIN  FEES  ARE  DENIED. 
By  law — 

Act  July  4,  1884,  arrears  of  pension  allowed  by  Congress 

subsequent  to  original  grant No  fee. 

Act  March  19,  1886,  increasing  rates  of  pension  to  certain 

widows No  fee. 

Act  August  5,  1892,  granting  pensions  to  Army  nurses No  fee. 

Act  March  3,  1901,  and  act  February  28,  1903,  amending  sec. 
4708,  R.  S.,  giving  pensionable  status  to  certain  remarried 
widows No  fee. 

Act  February  6,  1907,  granting  pensions  to  certain  survivors 

of  the  Mexican  and  Civil  Wars No  fee. 

Act  May  28,  1908,  for  services  in  introducing  or  securing  the 

passage  of  a  private  act  of  Congress  granting  a  pension. .  No  fee. 
By  departmental  construction  or  regulations : 

Increase  by  operation  of  law.  Secretary's  decision,  or  bureau 

schedule  ratings  (ruling  124  and  order  266) No  fee. 

■    Claim  filed  by  State  agent  or  commissioner  (7  P.  D.  293) . .  No  fee. 

Wherein  power  of  attorney  only  is  filed  (4  P.  D.  356 ;  7  P. 
D.  517) No  fee. 

Wherein  no  service  is  rendered  (7  P.  D.  517) No  fee. 

Wherein  attorney  transmits  only  order  for  medical  examina- 
tion or  reasons  for  claimant's  failure  to  appear  for  such 
examination  (9  P.  D.  375),  unless  in  response  to  bureau 
call No  fee. 


652  hillyer's  legal  manual. 

Where  gfuardian,  as  attorney,  prosecutes  claim  of  his  ward, 
or  firm  of  attorneys  of  which  o-uardian  is  a  member,  prose- 
cutes such  claim  (rule  15,  practice) No  fee. 

Where  no  fund  accrues  by  reason  of  allowance  out  of  which 

fee  could  be  paid  (8  P.  D.  1^9 ;  11  P.  D.  149)   No  fee. 

Reissue  to  include  new  disability,  if  no  increase   (8  P.  D. 

139) [ No  fee. 

Rerating  or  reissue  to  correct  rate  or  date  of  commence- 
ment, if  same  attorney  as  in  original  claim  (7  P.  D.  359; 
13  P.  D.  75)    \ No  fee. 

Securing  new  or  duplicate  pension  certificate  (8  P.  D.  261) .   No  fee. 

Supplemental  claims — 
To  allow  for  child  by  former  marriage  if  claim  be  filed  by 

original  attorney  (7  P.  D.  47;  16  P.  D.  546) No  fee. 

To  allow  for  helpless  child  if  child  named  as  helpless  in 

original  declaration,  to  original  attorney  (9  P.  D.  117) .  .   No  fee. 

POSTAGE. 
By  order  of  May  26,  1891,  attorneys  may  receiye,  from  and 

after  April  22,  1891,  for  postage  in  any  one  claim $0.50 

ATTORNEYS— RULES  OF  PRACTICE  BEFORE  THE  BUREAU 

OF  PENSIONS. 

Rule  1.  Authority  to  Prosecute  Claims. — A  person  appearing  of 
record  m  the  Bureau  of  Pensions  as  haying  complied  with  the  regula- 
tions prescribed  by  the  Secretary  of  the  Interior  for  the  recognition  of 
agents  or  attorneys  before  the  Department  of  the  Interior  will  be  held 
authorized  to  prosecute  any  claim  for  pension  or  bounty  land,  in  which 
the  law  does  not  prohibit  the  payment  of  an  attorney's  fee,  on  filing  a 
power  of  attorney  from  the  claimant :  Proyided,  howeyer,  that  the 
Commissioner  of  Pensions,  in  his  discretion,  may  recognize  such  person 
without  compensation  in  any  claim  for  pension  or  bounty  land  hereto- 
fore filed,  or  that  may  hereafter  be  filed,  in  which  the  law  prohibits 
the  payment  of  such  fee. 

Rule  2.  Transfers  of  Attorneyship. — Transfers  of  attorneyship  will 
be  goyerned  by  the  following  rules : 

(a)  Transfers  of  attorneyship  must  be  acknowledged  before  some 
officer  authorized  to  administer  oaths  for  general  purposes  in  the  pres- 
ence of  two  witnesses  who  must  sign  their  names  to  the  instrument  of 
transfer. 

(b)  In  all  transfers  of  attorneyship  a  separate  slip  must  be  filed 
for  each  claim  transferred,  showing  its  number,  the  name  of  the  claim- 
ant, the  name  of  the  soldier  or  sailor,  the  seryice  on  which  the  claim  is 
based,  the  name  and  address  of  the  transferee,  and  an  acknowledgment 
by  the  transferee  of  the  transfer. 

(c)  A  transfer  not  general  in  character,  but  of  a  limited  number  of 
claims,  from  one  agent,  attorney,  or  firm  to  another,  must  be  accom- 


PENSION   RULES.  653 

panied  also  by  a  schedule,  alphabetically  arranged,  showing  for  each 
claim  the  data  required  on  said  slips. 

(d)  A  transfer  made  by  the  legal  representative  of  a  deceased  or 
incompetent  agent  or  attorney  must  be  accompanied  by  a  duly  authen- 
ticated certificate  of  an  officer  of  the  court  having  jurisdiction,  show- 
ing the  authority  of  such  representative. 

(e)  The  written  consent  of  the  claimant  is  necessary  to  entitle  a 
transferee  to  recognition  in  an  incomplete  claim,  the  transfer  of  attor- 
neyship in  all  such  cases  being  subject  to  protest. 

Rule  3.  Consent  to  Assignment. — No  agent  or  attorney  shall  have 
power  to  make  a  valid  assignment  of  any  claim  in  which  he  has  been 
recognized,  even  with  the  written  consent  of  the  claimant,  unless  he  is 
at  the  time  of  such  assignment  and  of  such  consent  in  good  standing 
before  the  Bureau  of  Pensions. 

Rule  4.  Power  of  Attorney — Execution. — No  power  of  attorney 
purporting  to  be  executed  by  a  claimant  will  be  recognized  as  good 
and  valid  unless  the  same  is  signed  in  the  presence  of  two  witnesses 
and  acknowledged  before  an  officer  duly  authorized  to  administer  oaths 
for  general  purposes,  whose  official  signature  is  certified  under  seal. 

Rule  5.  Articles  of  Agreement — Pension  Claims — Execution. — No 
articles  of  agreement  filed  under  the  act  of  July  4,  1884,  will  be 
recognized  as  valid,  and  no  fee  will  be  paid  thereunder,  unless  the 
claimant's  signature  thereto  is  witnessed  by  two  attesting  witnesses 
and  acknowledged  before  some  officer  authorized  to  administer  oaths 
for  general  purposes,  whose  official  signature  is  certified  under  seal. 

The  attorney's  acceptance  of  such  agreement  must  also  be  executed 
before  some  officer  duly  authorized  to  administer  oaths  for  general  pur- 
poses, whose  official  signature  is  certified  under  seal. 

Rule  6.  Articles  of  Agreement — Pension  Claims,  Forms,  Require- 
ments.— Articles  of  agreement,  to  be  recognized  as  valid  by  the  Com- 
missioner of  Pensions,  must  be  in  duplicate  and  in  the  form  prescribed 
by  order  of  July  8,  1884,  and  have  printed  upon  the  reverse:  "Notice 
to  Claimant,"  "This  agreement  is  permissible  under  the  law,  but  not 
compulsory, ' '  and  a  copy  of  the  act  of  July  4,  1884. 

Rule  7.  Articles  of  Agreement — Bounty  Land  Claims. — When  a 
claim  for  bounty  land  has  been  allowed  and  the  warrant  issued,  one 
approved  copy  of  the  articles  of  agreement  will  be  forwarded  to  the 
agent  or  attorney  of  record  and  the  other  preserved  in  the  files  of  the 
claim.  The  bounty  land  warrant  will  be  forwarded  direct  to  the  party 
entitled  to  the  possession  thereof. 

Rule  8.  Postage. — An  agent  or  attorney  may  request  and  receive 
from  a  claimant  a  sum  not  exceeding  fifty  cents  for  postage  in  the  prose- 
cution of  any  one  claim,  original  or  increase,  but  compliance  with  such 
request  of  the  agent  or  attorney  is  optional  with  the  claimant. 

Agents  and  attorneys  are  not  allowed  to  demand  a  sum  for  postage 
as  a  right,  or  to  refuse  to  prosecute  a  claim  where  the  request  for  pos- 
tage is  not  complied  with. 


654  hillyer's  legal  manual. 

Rule  9.  Articles  of  Agreement — Attorney  to  Stipulate  Amounts 
Received. — When  in  the  adjudication  of  any  claim  for  pension  or 
bounty  land  in  which  articles  of  ag^reement  have  been  or  may  here- 
after be  filed,  it  shall  appear  that  the  claimant,  prior  to  the  execu- 
tion thereof,  had  paid  to  the  agent  or  attorney  any  money  for  fee,  pos- 
tage (other  than  as  allowed  by  Rule  8),  or  expenses  in  connection  with 
the  prosecution  of  the  claim,  and  the  amount  so  paid  is  not  stated  in 
the  acceptance  of  agreement  by  the  agent  or  attorney,  then  every  such 
claim  shall  be  adjudicated  as  if  the  articles  of  agreement  contained  no 
stipulation  as  to  a  fee,  and  from  the  fee  of  ten  dollars  allowed  by  law 
such  sums  as  are  shown  to  have  been  paid  to  the  agent  or  attorney 
shall  be  deducted. 

Rule  10.  Attorney  not  to  Act  as  Notary,  etc.,  or  Attesting  Witness. 
No  power  of  attorney  or  articles  of  agreement  will  be  accepted  as  valid 
wherein  the  claimant 's  acknowledgment  is  taken  before  an  officer  who 
is  the  agent  or  attorney  named  therein,  or  where  the  agent  or  attorney 
acts  as  one  of  the  attesting  witnesses  to  claimant's  signature  to  such 
instrument. 

A  declaration,  affidavit,  or  any  paper,  requiring  execution,  or  ac- 
knowledgment in  connection  w^ith  a  claim  for  pension,  or  bounty  land, 
must  be  executed  or  acknowledged  before  an  officer  duly  authorized  to 
administer  oaths  for  general  purposes,  who  is  not  interested  in  the 
prosecution  of  the  claim  to  which  said  paper  pertains,  and  the  jurat 
must  so  show.  An  agent  or  attorney  who  shall  file  any  paper  contain- 
ing in  the  jurat  a  false  statement  that  the  officer  before  whom  such 
paper  was  executed,  or  acknowledged,  is  not  interested  in  the  prosecu- 
tion of  the  claim,  or  any  statement  equivalent  thereto,  when  in  truth 
and  in  fact,  such  agent  or  attorney  has  entered  into  a  contract,  agree- 
ment, or  understanding,  with  such  officer,  by  virtue  of  which  said  officer 
is  to  receive  compensation,  or  a  commission,  from  such  agent  or  attor- 
ney, in  the  event  of  the  allowance  of  the  claim,  will  subject  himself  to 
suspension  or  disbarment  from  practice  before  the  Bureau  of  Pensions. 

Rule  11.  Limitation — Date  of  Filing. — All  articles  of  agreement  in 
claims  for  pension  or  bounty  land  that  conform  to  the  requirements  of 
the  law  and  regulations  will  be  accepted  if  filed  prior  to  the  date  of 
the  issue  of  the  certificate  or  of  the  bounty  land  warrant. 

Rule  12.  Limitation — Title  to  Fees. — No  request  of  an  agent  or 
attorney  for  consideration  of  his  title  to  a  fee  will  be  entertained  unless 
the  same  is  filed  in  the  Bureau  of  Pensions  within  three  years  from  the 
date  of  issue  of  the  certificate  upon  which  such  fee  is  claimed. 

Rule  13.  Disbarment — Effect  on  Payment  of  Fee. — If  an  agent  or 
attorney  is  disbarred  pending  the  adjudication  of  a  claim,  and  if,  while 
such  disbarment  is  in  force,  the  claim  is  adjudicated  and  the  certificate 
issued  without  certification  of  a  fee  by  reason  of  such  disbarment,  and 
if  thereafter  said  agent  or  attorney  is  restored  to  practice,  and  if  claim- 
ant has  not,  by  reason  of  such  disbarment,  canceled  or  revoked  the 
authority  theretofore  existing,  upon  such  restoration  as  aforesaid  the 
lawful  fee  will  be  certified  and  paid  to  such  agent  or  attorney. 


PENSION   RULES.  655 

Rule  14.  Same — Estoppel. — When  a  claimant  during  the  disbar- 
ment of  his  agent  or  attorney  of  record  employs  another,  who 
prosecutes  the  claim  to  final  adjudication,  no  fee  will  be  certified  the 
disbarred  agent  or  attorney  upon  his  restoration  to  practice,  but  his 
disbarment  will  operate  by  way  of  estoppel  to  bar  any  claim  for  fee. 

Rule  15.  No  Fee  to  Guardians. — No  fee  will  be  allowed  to  a  guard- 
ian who  prosecutes  the  claim  of  his  ward,  nor  to  a  firm  of  attorneys  of 
which  the  guardian  is  a  member. 

Rule  16.  Failure  to  Furnish  Evidence — Estoppel. — When  an  agent 
or  attorney  is  called  upon  by  the  Commissioner  of  Pensions  to  furnish 
evidence  in  any  claim,  he  will  be  allowed  ninety  days  within  which  to 
furnish  same  or  to  give  reasons  why  he  fails  to  do  so :  Provided  always, 
that  before  such  agent  or  attorney  is  dropped  or  another  recognized, 
at  any  time  within  one  year,  he  shall  be  given  thirty  days'  notice  to 
show  cause  why  he  is  not  guilty  of  laches.  In  the  event  that  such 
answer  be  not  filed  within  thirty  days  from  the  mailing  of  such  notice, 
or  that  the  answer  thereto  be  held  by  the  Commissioner  of  Pensions 
to  be  insufficient,  claimant  shall  be  notified  of  such  failure  and  may 
file  the  same,  either  by  himself  or  by  such  other  attorney  as  he  may 
elect ;  and  upon  the  recognition  of  such  other  attorney  the  former  agent 
or  attorney  will  be  estopped  from  claiming  any  fee. 

Rule  17.  Call  Slips. — To  call  up  a  case  will  not  be  held  of  itself  a 
substantial  compliance  with  any  specific  requirement  of  the  Commis- 
sioner of  Pensions. 

Rule  18.  Effect  of  Neg'lect. — ^An  agent  or  attorney  will  be  required 
to  exercise  due  diligence  in  all  cases  in  which  he  is  recognized.  Neglect 
to  prosecute  a  claim  for  one  year  will  be  held,  in  default  of  cause  shown, 
conclusive  evidence  of  the  abandonment  of  a  claim  by  the  agent  or  at- 
torney, and  claimant  will  be  so  advised. 

Rule  19.  Rejection — Reconsideration — ^Appeal. — Upon  the  rejection 
of  a  claim  for  pension  or  bounty  land  the  agent  or  attorney  of  record 
will  be  notified  of  such  rejection  and  the  reason  therefor,  and  will  be 
allowed  ninety  days  from  the  date  of  such  notice  within  which  to  file  a 
motion  for  reconsideration,  supported  by  material  evidence,  or  within 
which  to  enter  an  appeal  to  the  Secretary  of  the  Interior;  and  on  his 
failure  to  do  either  he  will  be  held  to  have  abandoned  the  case,  and  the 
claimant  may  employ  any  other  duly  qualified  agent  or  attorney  fur- 
ther to  prosecute  the  claim. 

Rule  20.  Order  of  Consideration  of  Claims. — No  claim  pending  in 
the  Bureau  of  Pensions  will  be  considered  out  of  its  regular  order  upon 
the  request  of  an  agent  or  attorney,  or  any  other  person  whomsoever, 
except  for  good  cause  shown  and  upon  the  order  of  the  Commissioner  of 
Pensions. 

Rule  21.  Circular  Letters,  etc.,  to  be  Approved  by  Commissioner 
Before  Use. — Every  agent,  attorney,  or  other  person  recognized  by  the 
Department  of  the  Interior  as  entitled  to  practice  before  the  Bureau 


656  hillyer's  legal  manual. 

of  PeDsions,  shall  submit  to  the  Commissioner  of  Pensions  copies  of  all 
proposed  advertising  matter  framed  and  intended  to  solicit  business 
before  the  Bureau  of  Pensions,  and  if  the  same  be  not  disapproved  by 
the  Conmiissioner  of  Pensions  and  the  agent  or  attorney  so  notified 
within  ten  days  from  the  date  of  filing  them,  they  will  be  held,  prima 
facie,  approved. 

Advertising  matter  may  contain  clear,  correct,  and  explicit  state- 
ments of  the  law,  the  name  and  address  of  the  attorney,  and  the  in- 
formation that  he  prosecutes  claims  for  pension  and  bounty  land. 

The  use  by  an  agent  or  attorney  of  the  characters  ''U.  S.,"  or  the 
words  ''United  States,"  as  a  part  of  his  title  or  of  the  title  of  his 
business  is  misleading  and  will  not  be  permitted. 

Rule  22.  Increase  Claims  not  in  Prohibited  Class. — A  claim  for  in- 
crease of  pension  will  not  be  considered  or  held  as  a  claim  pending 
within  the  prohibition  of  section  190,  Revised  Statutes  of  the  United 
States. 

Rule  23.  Solicitation  of  Services  of  United  States  Officers  in  Aid  of 
Prosecution  of  Claims,  Prohibited. — Every  agent,  attorney,  or  other 
person  who  shall,  directly  or  indirectly,  request  of  any  member  of 
either  House  of  Congress,  or  of  any  United  States  government  official 
or  representative  (other  than  one  whose  duty  it  is  under  the  law  to 
supervise  and  administer  the  laws,  rules  and  regulations  governing  the 
granting  of  pensions  and  bounty  land)  aid  or  assistance  in  the  prosecu- 
tion of  a  pension  or  bounty  land  claim,  or  who  shall,  directly  or  indi- 
rectly request  or  advise  a  claimant  to  seek  such  aid  in  the  prosecution 
of  a  pension  or  bounty  land  claim,  will  be  held  to  have  abandoned  the 
claim  as  agent  or  attorney  and  will  thereby  forfeit  his  agency  or 
attorneyship  in  such  claim. 

Rule  24.  Penalty  for  Violating  Above  Rule. — Every  agent,  attorney, 
or  other  person  recognized  by  the  Department  of  the  Interior  as 
entitled  to  practice  before  the  Bureau  of  Pensions  who  shall  violate  the 
provisions  of  Rule  23,  above,  will  be  held  thereafter  incompetent  to 
prosecute  claims  before  said  Bureau  within  the  meaning  of  section  5 
of  the  act  of  July  4,  1884,  and  will  thereby  subject  himself  to  sus- 
pension or  disbarment  from  practice  before  the  Bureau  of  Pensions. 

Rule  25.  Itemized  Account  of  Expenses  to  be  Filed  Before  Demand- 
ing or  Receiving  Payment. — Where  an  agent,  attorney,  or  other  person 
incurs  any  expense  in  the  prosecution  of  a  claim  before  the  Bureau  of 
Pensions,  he  must  file  a  sworn  itemized  account  of  such  expense  with 
the  Commissioner  of  Pensions  and  secure  the  approval  thereof,  before 
demanding  or  receiving  "reimbursement  from  the  claimant  or  pensioner. 

Rule  26.  Accrued  Claims — Fee  Limited. — In  a  claim  under  the  act 
of  March  2,  1895,  for  the  accrued  pension  due  in  an  admitted  case  from 
the  date  of  last  payment  to  pensioner's  death,  the  agent  or  attorney 
of  record  is  permitted,  upon  the  allowance  of  the  claim,  to  receive  as  a 
fee,  direct  from  the  claimant  or  beneficiary,  ten  per  centum  of  the 
amount  of  the  accrued  pension  paid ;  but  in  no  event  will  such  agent  or 


PENSION    RULES.  657 

attorney  be  permitted  to  demand,  receive,  or  retain  a  fee  in  excess  of 
ten  dollars  in  any  one  claim. 

Rule  27.  Attorney  must  Refund  Fee  Erroneously  Paid. — Where, 
through  a  mistake  of  fact  or  fraud  on  the  part  of  an  agent  or  attorney, 
a  fee  to  which  he  is  not  entitled  has  been  paid  to  him  he  will  be  required 
to  refund  the  same  on  demand  by  the  Commissioner  of  Pensions;  and 
his  failure  or  refusal  to  refund,  after  such  demand,  will  render  him 
liable  to  suspension  or  disbarment  from  practice  before  the  Bureau 
of  Pensions. 

Rule  28.  Increase  Claims — Neglect  to  Furnish  Evidence  Called  for, 
Effect  of. — When  in  an  invalid  claim  for  increase  the  Commissioner 
of  Pensions  issues  a  call  for  evidence  to  show  that  claimant's  disability 
has  increased,  as  a  prerequisite  to  a  medical  examination,  and  no  evi- 
dence is  filed  in  response  to  such  call  within  ninety  days,  or  thereafter 
before  there  is  presented  on  behalf  of  claimant  another  declaration  for 
increase,  then  the  claim  in  which  said  call  w^as  issued  is  to  be  held  re- 
jected without  ordering  a  medical  examination,  unless  there  w^as  on  file 
in  the  claim  at  the  time  of  the  Issue  of  said  call,  medical  evidence 
which  had  not  been  considered,  tending  to  show  that  the  claimant's 
disability  had  increased.  •* 

Any  declaration  for  increase  filed  within  ninety  days  from  date  of  a 
call,  under  a  prior  declaration,  for  evidence  to  show  increase  of  dis- 
ability, will  be  held  a  duplicate  of  such  prior  declaration. 

Rule  29.  Repeal. — All  rules  and  orders  inconsistent  with  the  fore- 
going are  hereby  abrogated. 

RULES  OF  PRACTICE  IN  PENSION  AND  BOUNTY  LAND 

APPEALS. 

Rule  I.  Appeals. — Except  as  herein  otherwise  provided,  an  appeal 
may  be  taken  to  the  Secretary  of  the  Interior  from  the  final  action  or 
order  of  the  Commissioner  of  Pensions  in  all  matters  relating  to  pen- 
sions or  bounty  land,  and  a  separate  appeal  must  be  filed  in  each  claim. 

Rule  II.  Filed  With  Commissioner  of  Pensions — To  be  Acted  on 
Within  Thirty  Days — If  Action  be  Adhered  to,  the  Appeal,  Report 
Thereon,  and  Record  to  be  Sent  to  Department — Docketing — Decision 
to  be  on  the  Record — Copy  of  Decision  to  be  Sent  to  Appellant  or  His 
Attorney. — Appeals  must  be  filed  with  the  Commissioner  of  Pensions. 
The  Commissioner  will  thereupon,  within  thirty  days  from  the  filing 
of  said  appeal,  consider  and  determine  whether  the  action  or -order 
fiom  which  the  appeal  is  taken  shall  be  adhered  to;  and  if  he  shall 
determine  not  to  recede  therefrom,  he  shall,  within  said  period  of 
thirty  days,  forward  said  appeal,  together  with  the  record  in  the  case 
and  a  report  stating  his  reasons  for  the  action  or  order  complained  of, 
to  the  Department ;  and  said  appeal  shall  thereupon  be  entered  upon  a 
docket  kept  for  that  purpose.  Upon  the  perfection  of  such  appeal,  by 
transmission  and  docketing  aforesaid,  the  jurisdiction  of  the  Commis- 
sioner shall  cease  and  determine,  and  the  case  will  be  decided  by  the 

42 


658 

Secretary  on  the  record.  The  decision  of  the  Secretary  shall  be  in 
duplicate  and  the  same  shall  be  transmitted  with  said  record  to  the 
Commissioner  of  Pensions  for  action  in  accordance  therewith.  One 
copy  of  the  decision  shall  be  transmitted  by  the  Commissioner  to  the 
appellant  or  his  duly  accredited  attorney. 

Rule  III.  Limitation  as  to  Filing. — No  appeal  will  be  entertained 
unless  filed  wnthin  one  year  from  the  date  of  notice  of  final  action  or 
order  of  which  complaint  is  made. 

Rule  IV.  Will  not  Lie  for  Refusal  to  Recognize  Attorney  in  Case 
Where  Law  Prohibits  Fee. — No  appeal  will  be  entertained  from  the. 
refusal  of  the  Commissioner  of  Pensions  to  recognize  attorneys  or  agents 
in  prosecuting  claims  for  pension  or  bounty  land  under  any  law 
wherein  the  payment  of  a  fee  for  such  service  is  prohibited. 

Rule  V.  Grounds  to  be  Specified  (See  Rule  XI). — In  each  appeal, 
the  name  and  service  of  the  soldier,  on  account  of  whose  service  the 
claim  is  based,  must  be  stated,  together  with  the  number  of  claim,  the 
law  under  which  the  claim  is  prosecuted,  and  the  date  and  substance 
of  the  action  from  which  the  appeal  is  taken. 

Rule  VI. — ^Attorney,  When  Recognized  in  Case  on  Appeal. — An  ap- 
peal by  an  attorney  will  not  be  entertained  unless  he  has  filed  a  duly 
executed  power  of  attorney  for  this  purpose  from  the  appellant,  or  is 
entitled  under  the  rules  to  recognition. 

Rule  VII.  Attorney,  Suspended  or  Disbarred — Appeal  by,  not  Enter- 
tained.— An  appeal  taken  on  behalf  of  a  claimant  by  or  through  a  sus- 
pended or  disbarred  attorney  will  not  be  entertained. 

Rule  VIII.  Attorney  Fee — Refundment  of. — No  appeal  pertaining 
to  the  allowance  of  a  fee  when  the  refundment  has  been  called  for  will 
be  entertained  unless  refundment  as  required  shall  have  been  made. 

Rule  IX.  Commissioner  of  Pensions  to  Return  Defective  Appeal  to 
Appellant. — The  Commissioner  of  Pensions  shall  return  to  the  appellant 
any  appeal  not  in  conformity  with  the  provisions  of  Rules  III  to  VIII, 
inclusive,  stating  w^herein  the  appeal  is  defective. 

Rule  X.  Appellant  may  Apply  to  Secretary  for  Order  Directing 
Commissioner  of  Pensions  to  Certify  Record,  etc.,  to  Department  for 
Consideration  When  Said  Commissioner  has  Decided  Adversely  as  to 
Appellant's  Right  to  Appeal. — In  proceedings  before  the  Commissioner 
in  which  he  shall  decide  that  a  party  has  no  right  to  appeal  to  the 
Secretary  or  that  said  appeal  may  not  be  entertained  under  the  provi- 
sions of  the  foregoing  rules  such  party  may  apply  to  the  Secretary 
for  an  order  directing  the  Commissioner  to  certify  said  action  together 
with  the  record  in  the  case  to  the  Department;  and  such  application 
shall  be  in  writing,  under  oath,  and  shall  fully  and  specifically  set  forth 
the  grounds  upon  which  the  same  is  based. 

Rule  XI.  Appeal  must  Contain  Specific  Assignments  of  Alleged 
Mistakes  of  Fact  or  Errors  of  Law  (See  Rule  V). — Each  appeal  must 
contain  specific  assignments  of  the  alleged  mistake  or  error  of  law  or 


PENSION   RULES.  659 

of  fact  in  the  adjudication  of  said  claim  by  the  Commissioner  of  Pen- 
sions; and  any  appeal  insufficient  in  this  respect  may  be  dismissed  by 
the  Secretary. 

Rule  XII.  Reconsideration  of  Departmental  Decisions,  Motions  for 
— Limitations. — A  motion  for  reconsideration  of  any  departmental 
decision  may  be  filed  with  and  entertained  by  the  Secretary,  in  his  dis- 
cretion, if  filed  within  six  months  from  the  date  when  such  decision 
was  rendered.  It  must  be  shown  in  said  motion  that  some  material 
feature  of  the  case  has  not  been  considered  in  said  decision,  or  that 
there  was  error  of  law  or  of  fact. 

Rule  XIII.  Division  of  Pension,  Act  March  3,  1899— Practice- 
Limitation. — Upon  the  adjudication  of  a  claim  for  division  of  pension 
under  the  act  of  March  3,  1899,  in  the  Bureau  of  Pensions,  both  parties 
will  be  promptly  notified  by  the  bureau,  by  registered  letter,  of  the 
action  taken.  Each  party  will,  in  the  absence  of  waiver,  be  allowed 
thirty  days  from  receipt  of  said  notice  to  appeal  from  said  action,  the 
appeal  to  be  accompanied  by  due  proof  of  service  of  a  copy  thereof 
upon  the  appellee,  as  required  by  Rule  XIV.  Unless  such  bureau  ac- 
tion i§  appealed  from  within  thirty  days  from  receipt  of  said  notice, 
the  bureau  action  shall  be  deemed  to  be  final  to  the  extent  that  all  pay- 
ments of  divisions  of  pension  in  accordance  with  such  bureau  action 
will  not,  in  the  absence  of  fraud  or  mistake  of  fact,  be  disturbed :  Pro- 
vided, the  unexplained  Ikilure  of  a  pensioner  to  appear,  answer,  or  in 
any  way  plead  to  the  claimant's  application,  after  due  notice  thereof 
by  the  Bureau,  will  be  deemed  a  waiver  of  his  right  to  appeal  to  the 
extent  that,  if  the  claim  be  allowed,  final  orders  for  division  of  pension 
may  issue  at  once. 

Rule  XIV.  First,  Second,  and  Third  Provisos  of  Act  March  3, 
1899 — Proof  of  Service  of  Notice  on  Appellee  Prerequisite. — Appeals 
from  bureau  action  in  cases  under  the  first,  second,  and  third  provisos 
of  the  act  of  March  3,  1899,  should  be  accompanied  by  due  proof  of  ser- 
vice of  a  copy  of  the  appeal  upon  the  appellee  or  his  or  her  attorney 
of  record. 

Proof  of  service  must  be  such  as  will  satisfy  the  Commissioner  of 
Pensions  that  the  appellee  has  been  informed  of  the  appeal  and  the 
contents  thereof,  and  may  consist  of,  first,  a  written  acceptance  of  ser- 
vice by  the  appellee  or  his  or  her  attorney  of  record;  or,  second,  a 
postal  registry  return  receipt  card,  signed  by  appellee  or  attorney  of 
record,  accompanied  by  an  affidavit,  showing  that  on  a  certain  date  a 
copy  of  the  appeal  was  mailed  in  a  registered  letter,  postpaid,  to  the 
appellee  or  the  attorney  of  record,  addressed  to  a  certain  postoffice 
(naming  it),  that  the  card  was  returned  in  acknowledgment  of  the 
receipt  of  such  letter;  or,  third,  an  affidavit  showing  that  on  a  certain 
day  and  at  a  certain  place  a  copy  of  the  appeal  was  personally  deliv- 
ered to  the  appellee  or  his  or  her  attorney  of  record. 

Appeals  in  this  class  of  cases  unaccompanied  by  due  proof  of  service, 
or  a  satisfactory  reason  why  personal  service  cannot  be  made,  will  not 


660 

be  filed,  or  considered,  but  will  be  promptly  returned  to  the  appellant, 
or  his  or  her  attorney  of  record,  for  compliance  with  this  rule. 

Rule  XV.  During  Pendency  of  Appeal  Payment  of  One-half  of 
Pension  Suspended — Limitation  as  to  Period  for  Filing  Answer. — Ap- 
peals from  Bureau  action  in  eases  under  the  first,  second  and  third  pro- 
visos of  the  act  of  March  3,  1899,  when  accompanied  by  due  proof  of 
service  of  a  copy  thereof  upon  the  appellee,  will  be  filed,  and  the 
appellant  and  appellee  promptly  notified  thereof.  The  appeal  will 
operate  to  suspend  further  payment  of  the  one-half  pension  in  contro- 
versy until  a  decision  shall  have  been  rendered  therein  by  the  Depart- 
ment, and  the  appellee  will  be  allowed  thirty  days  from  the  date  of 
filing  the  appeal  in  which  to  file  an  answer,  brief  or  argument,  in  oppo- 
sition to  the  appeal  or  in  support  of  the  bureau  action  appealed  from. 

Rule  XVI.  Appeals  Under  Act  of  March  3,  1899,  not  to  be  Joined 
With  Appeals  Under  Other  Laws. — Appeals  from  the  Bureau  action  in 
eases  under  the  first,  second,  or  third  provisos  of  the  act  of  March  3, 
1899,  should  be  confined  to  cases  under  that  act,  and  not  joined  with 
an  appeal  from  action  in  an  invalid  claim  or  claims  under  other  acts  of 
Congress,  and  w^hen  perfected  by  due  proof  of  service  of  a  copy  of  the 
appeal  upon  the  appellee,  as  required  by  Rule  XIV,  should  be  addressed 
to  the  Commissioner  of  Pensions.  This  appeal  should  state  the  post- 
office  address  of  the  appellant  and  appellee  and  the  certificate  number 
and  the  service  (company  and  regiment,  etc.)  of  the  pensioner,  and 
should  briefly,  but  specifically,  state  the  error  of  law  or  fact  complained 
of  and  the  grounds  relied  upon  for  reversing  or  modifying  the  bureau 
action  appealed  from. 

Evidence. — No  additional  evidence  upon  the  merits  of  the  claim 
should  be  filed  by  either  appellant  or  appellee,  or  considered  on  appeal. 

Rule  XVII.  Review  of  Departmental  Decisions  in  Cases  for  Division 
of  Pensions,  Motions  for — To  be  Addressed  to  Secretary — Specifica- 
tions— Proof  of  Service. — Motions  for  review  of  departmental  decisions 
in  cases  for  division  of  pension  under  the  act  of  March  3,  1899,  should 
be  addressed  to  the  Secretary  of  the  Interior  and  refer  to  the  docket 
number  of  appeal,  stating  the  names  of  the  parties.  The  motion  should 
briefly  but  specifically  state  the  error  of  law  or  of  fact  in  the  decision 
sought  to  be  reversed  or  modified  and  elearly  indicate  the  grounds  re- 
lied upon  for  reversing  or  modifying  the  decision  and  may  be  accom- 
panied by  brief  or  argument  in  support  thereof.  The  motion  should 
be  accompanied  with  due  proof  of  service  of  a  copy  of  the  motion  upon 
the  opposite  party,  or  his  or  her  attorney,  as  indicated  in  Rule  XIV  of 
Practice. 

Limitation  as  to  Filing  Answer,  etc. — The  opposite  party  will  be 
allowed  thirty  days  in  which  to  reply  to  said  motion,  if  desired,  by 
answer,  brief,  or  argument,  and  thereupon  the  motion  w411  be  promptly 
considered  by  the  department,  and  a  copy  of  the  departmental  decision 
or  order,  on  the  motion  for  review,  will  be  duly  forwarded  to  the  par- 
ties or  their  attorneys  by  the  Bureau  of  Pensions. 


PENSION   REGULATIONS.  661 

Suspension  of  Payment  Only  at  Department's  Direction. — No  motion 
for  review  of  a  departmental  decision  under  said  act  shall  operate  to 
suspend  payment  of  one-half  the  pension  in  controversy  unless  ex- 
pressly directed  by  this  department. 

Rules  XIV  and  XVI,  Supra,  Applicable. — The  requirements  of  Rules 
XIV  and  XVI  of  Practice,  as  to  appeals,  are  applicable  to  motions  for 
review  under  said  act. 

Rule  XVIII.  Cases  on  Appeal  to  be  Decided  in  Regular  Order 
— Motion  to  Advance — How  Supported — ^When  Granted. — All  cases 
on  appeal  will  be  considered  and  decided  in  regular  order  accord- 
ing to  their  places  upon  the  docket,  unless,  for  cause  shown,  a  case  may 
be  advanced,  on  motion,  for  earlier  hearing  and  determination.  Every 
such  motion  shall  set  fo"rth  succinctly  the  grounds  upon  which  it  is 
based  and  must  be  supported  by  the  affidavits  of  at  least  two  disin- 
terested parties  cognizant  of  the  facts  upon  which  the  motion  is  based. 
No  such  motion  will  be  granted  except  in  cases  involving  points  of 
pension  law  of  general  application  affecting  other  claims,  unless  it 
appears  that  the  appellant  is  in  extreme  indigent  circumstances  or  is 
ill  without  reasonable  hope  of  recovery. 


REGULATIONS    AJTD    INSTRUCTIONS    RELATING 
TO  PENSION  CLAIMS. 

DECLARATIONS  AND  EVIDENCE. 

Declarations  and  Affidavits. — All  declarations  and  affidavits  must  be 
executed  before  some  officer  duly  authorized  to  administer  oaths  for 
general  purposes,  in  accordance  with  the  provisions  of  the  act  of  Con- 
gress approved  July  26,  1892. 

Blank  Forms. — Blank  forms  of  declarations  will  be  furnished  to 
claimants  upon  application  therefor.  They  wdll  not  be  furnished  to 
agents  or  attorneys  in  bulk,  but  sample  forms  will  be  sent  on  request. 

Claimant  may  Prosecute  by  Attorney  or  in  Person. — A  claimant  may 
prosecute  his  claim  by  attorney  or  in  person,  and  if  he  prosecute  it  in 
person  it  will  receive  the  same  consideration  by  the  Bureau  of  Pen- 
sions as  it  would  receive  if  prosecuted  by  an  attorney. 

PENSIONS  TO  SURVIVORS  OF  WARS  PRIOR  TO  1861,  AND  TO 

THEIR  WIDOWS. 
1.  War  of  the  Revolution,  Service  Pensions. — (a)  Widows  of  soldiers 
who  served  for  fourteen  days  or  more,  or  were  in  battle  during  the 
war,  are  entitled,  provided  they  have  not  remarried,  to  $8  per  month 
from  March  9,  1878,  and  $12  per  month  from  March  19,  1886.  (b)  The 
widow  of  a  Revolutionary  soldier  who,  in  his  lifetime,  was  granted  a 
pension,  is  entitled,  under  section  4743,  Revised  Statutes,  to  pension 
at  the  same  rate  as  was  paid  the  husband,  notwithstanding  remarriage, 
upon  proof  of  present  widowhood,     (c)  There  is  no  law  granting  pen- 


662 

sion  to  the  daughters  or  other  descendants  of  soldiers  of  the  Revolu- 
tion. The  daughters  of  Revolutionary  soldiers  now  drawing  pensions 
were  placed  on  the  pension-roll  by  special  acts  of  Congress. 

2.  War  of  1812,  Service  Pensions.— (a)  Under  the  act  of  March  9, 
1878,  soldiers  and  sailors  who  served  fourteen  days  or  more,  or  were 
in  any  engagement,  during  this  war,  and  were  honorably  discharged, 
and  the  widows  of  such  soldiers  and  sailors,  irrespective  of  the  date 
of  marriage,  are  entitled  to  $8  per  month  from  March  9,  1878.  Under 
the  act  of  March  19,  1886,  widow  pensioners  mentioned  in  this  para- 
graph are  entitled  to  $12  per  month  from  that  date,  (b)  There  is  no 
law  granting  service  pensions  to  the  descendants  of  soldiers  or  sailors 
of  the  War  of  1812. 

3.  Indian  Wars  from  1832  to  1842,  Service  Pensions.— (a)  The  act  of 
July  27,  1892,  provides  pensions  for  the  surviving  officers  and  enlisted 
men,  including  marines,  militia,  and  volunteers,  who  were  in  the  mili- 
tary or  naval  service  of  the  United  States  for  thirty  days  in  the  Black 
Hawk  War,  the  Creek  War,  the  Cherokee  disturbances,  or  the  Florida 
War  with  the  Seminole  Indians,  and  were  honorably  discharged ;  or  who 
were  personally  named  in  any  resolution  of  Congress  for  specific  ser- 
vices therein ;  and  for  their  widows,  provided  they  have  not  remarried. 
Claimants  under  this  act  must  be  actual  and  bona  fide  residents  of  the 
United  States  at  the  date  of  making  application.  All  pensions  under 
this  act  are  fixed  at  $8  per  month,  irrespective  of  rank,  are  not  subject 
to  increase  for  any  cause,  and  are  payable  from  July  27,  1892;  the  pen- 
sion of  a  widow  whose  husband  was  living  on  that  date  commences 
from  the  day  of  his  death. 

Indian  Wars  from  1817  to  1858. — The  provisions  of  the  foregoing  act 
of  July  27,  1892,  were  extended  by  the  act  of  June  27,  1902,  from  the 
date  of  its  passage,  to  the  surviving  officers  and  enlisted  men,  including 
marines,  militia,  and  volunteers  of  the  military  and  naval  service  of 
the  United  States  who  served  for  thirty  days  or  more  and  were  honor- 
ably discharged  under  the  United  States  military,  State,  Territorial,  or 
provisional  authorities  in  certain  specified  Indian  wars  occurring  from 
1817  to  1858.  This  act  also  made  provisions  for  the  surviving  widows, 
who  have  not  remarried,  of  such  officers  and  men.  In  establishing 
these  claims  a  record  of  pay  by  the  United  States  is  accepted  to  prove 
record  of  enlistment  and  service. 

Indian  Wars,  etc.,  from  1855  to  1860. — The  provisions  of  the  forego- 
ing act  of  July  27,  1892,  were  extended  by  the  act  of  May  30,  1908,  to 
the  surviving  officers  and  enlisted  men  of  the  Texas  volunteers  who 
served  in  the  defense  of  the  frontier  of  that  State  against  Mexican 
marauders  and  Indian  depredations  from  the  year  1855  to  the  year 
1860,  inclusive,  and  to  the  surviving  widows,  who  have  not  remarried, 
of  such  officers  and  men.  In  establishing  these  claims,  where  there 
is  no  record  of  enlistment  or  muster  into  the  service  of  the  United 
States,  the  fact  of  reimbursement  to  the  State  of  Texas  by  the  United 
States,  as  evidenced  by  the  muster-rolls  and  vouchers  on  file  in  the 


PENSION   REGULATIONS.  663 

War  Department,  shall  be  accepted  as  full  and  satisfactory  proof  o£ 
such  enlistment  and  service. 

4.  Mexican  War,  Service  Pensions. — (a)  Under  the  act  of  January 
29,  1887,  officers  and  enlisted  men  who  were  in  the  military  or  naval 
service  of  the  United  States  for  sixty  days  in  the  Mexican  War,  or  on 
the  coasts  or  frontier  thereof,  or  en  route  thereto,  or  who  were  in  a 
battle  and  were  honorably  discharged,  or  who  were  personally  named 
in  any  resolution  of  Congress  for  specific  service  therein,  are  entitled 
to  pension  if  sixty-two  years  of  age ;  or,  if  not,  upon  proof  of  pension- 
able disability  or  dependence,  but  disability  incurred  while  voluntarily 
aiding  or  abetting  the  late  rebellion  does  not  give  title  to  pension. 
(b)  Widows  of  officers  and  enlisted  men  who  served  as  above  are  en- 
titled to  pension  upon  the  same  conditions  as  to  age  or  dependence  as 
apply  to  officers  and  enlisted  men.  (c)  Pensions  under  this  act  com- 
mence on  January  29,  1887,  if  a  pensionable  condition  existed  at  that 
date,  in  survivors'  claims,  by  reason  of  age,  dependence,  or  disability, 
and  in  widowstclaims,  by  reason  of  age  or  dependence;  if  not,  then  on 
the  date  the  applicant  becomes  sixty -two  years  of  age,  or  dependent,  or 
disabled  within  the  meaning  of  the  law.  (d)  The  rate  of  pension  to 
survivors  is  $8  per  month,  irrespective  of  rank.  This  rate  for  sur- 
vivors was  increased  by  the  act  of  January  5,  1893,  to  $12  per  month, 
but  its  benefits  were  limited  to  those  who  were  pensioners  on  January 
5,  1893.  To  secure  this  increase  the  act  requires  that  a  pensioner  must 
show  that  he  is  wholly  disabled  for  manual  labor  and  in  such  destitute 
circumstances  that  $8  per  month  is  a  sum  insufficient  to  provide  him 
with  the  necessaries  of  life.  The  act  of  April  23,  1900,  removed  the 
limitation  imposed  in  the  act  of  January  5,  1893.     The  act  of  March 

3,  1903,  pensions  all  survivors  of  the  Mexican  War  at  $12  per  month, 
irrespective  of  the  conditions  named  in  the  act  of  January  5,  1893,  and 
the  act  of  April  23,  1900.  (e)  The  pension  to  a  widow  under  this  act 
is  $8  per  month,  and  is  not  subject  to  increase,  (f)  Descendants  of 
deceased  Mexiean  soldiers  are  not  entitled  to  service  pension. 

Act  of  February  6, 1907. — Under  this  act  any  person  who  served  sixty 
days  in  the  War  with  Mexico  in  the  military  or  naval  service  of  the 
United  States  and  has  been  honorably  discharged  therefrom,  and  who 
has  reached  the  age  of  sixty-two  years  or  over,  is  entitled  to  a  pension 
at  the  following  rates,  irrespective  of  rank :  At  sixty -two  years,  $12  per 
month ;  at  seventy  years,  $15  per  month ;  and  at  seventy-five  years  or 
over,  $20  per  month.  Pension  commences  from  the  date  of  filing  claim 
in  the  Bureau  of  Pensions  subsequent  to  February  6,  1907,  after  attain- 
ing the  specified  age. 

5.  Pensions  for  Disability  or  Death  Due  to  Service  Prior  to  March 

4,  1861. — (a)  Soldiers  who  were  wounded  or  injured,  or  who  con- 
tracted disease  in  the  line  of  duty,  are  entitled  to  pension  correspond- 
ing in  rate  to  the  degree  of  the  disability  incurred  in  the  service. 
Persons  who  rendered  naval  service  are  entitled  to  a  like  pension, 
under  the  same  conditions,  excepting  that  no  pension  may  be  granted 


664  iiillyer's  legal  manual. 

to  an  enfjineer,  fireman,  or  coalheaver  for  disability  incurred  prior  to 
August  31,  1842.  (b)  The  widows,  or  children,  under  sixteen  years  of 
age,  of  soldiers  who  served  prior  to  March  4,  1861,  are  entitled  to  pen- 
sion, if  the  soldier's  death  was  due  to  causes  originating  in  time  of 
actual  war,  and  not  otherwise.  Widows,  or  children,  under  sixteen,  of 
sailors  who  served  prior  to  March  4,  1861,  are  entitled  to  pension 
only  when  the  death  of  the  sailor  occurred  in  the  service  and  in  the 
line  of  duty,  (c)  Pensions  mentioned  in  this  paragraph,  if  not  applied 
for  within  three  years  from  the  discharge  or  death  of  the  person  on 
whose  account  the  right  to  pension  exists,  or  within  three  years  of  the 
termination  of  a  pension  previously  granted  on  account  of  the  service 
and  death  of  such  person,  commence  from  the  date  of  filing,  by  the 
person  prosecuting  the  claim,  of  the  last  paper  necessary  to  establish 
it.  (d)  The  rate  of  pension  allowed  to  one  whose  pensionable  rights 
accrued  prior  to  March  4,  1861,  is  subject  to  variation,  after  July  25, 
1866,  in  accordance  with  the  laws  passed  since  March  4,  1861. 
(e)  There  is  no  provision  of  law  granting  pensions  to  the  parents, 
brothers,  or  sisters  of  persons  who  rendered  military  or  naval  service 
prior  to  March  4,  1861. 

PENSIONS  TO  INVALIDS  SINCE  MARCH  4,  1861. 

Sections  4692  and  4693,  Revised  Statutes. — The  declaration  should 
set  forth  the  company  and  regiment  in  which  the  applicant  served,  the 
name  of  the  commanding  officer  of  the  company  or  organization,  and 
the  dates  of  enlistment  and  discharge,  with  personal  description  at 
enlistment.  In  Navy  cases,  the  vessels  on  which  claimant  served 
should  be  stated.  If  the  claim  is  made  on  account  of  a  wound  or 
injury,  the  declaration  should  set  forth  the  nature  and  locality  of  the 
wound  or  injury,  the  time  when,  the  place  where,  and  the  circum- 
stances under  which  it  was  received,  and  the  duty  upon  w^hich  the 
applicant  was  engaged. 

Circumstances  Under  Which  Wound  Received. — If  the  wound  or  in- 
jury was  accidental,  the  applicant  should  state  whether  it  happened 
through  his  own  agency,  or  that  of  other  persons,  and  he  should  detail 
minutely  the  circumstances  under  which  it  was  received. 

Disease. — If  the  claim  is  made  on  account  of  disability  from  disease, 
the  applicant  should  state  in  said  declaration  when  the  disease  first  ap- 
peared, the  place  where  he  was  when  it  appeared,  and  the  duty  upon 
which  he  was  engaged  at  the  time.  He  should  also  detail  the  circum- 
stances of  exposure,  and  the  causes  which,  in  his  opinion,  produced 
the  disease.  Whether  the  application  be  made  on  account  of  disability 
from  wound,  injury,  or  disease,  the  claimant  should  state  the  names, 
addresses,  and  localities  of  all  hospitals  in  which  he  received  medical 
or  surgical  treatment,  giving  the  dates  of  his  admission  thereto,  as  cor- 
rectly as  he  may  be  able. 

Service. — The  applicant  should  state  whether  he  was  in  the  military 
or  naval  service  prior  to,  or  after,  the  term  of  service  in  which  his  dis- 
ability originated. 


PENSION   REGUIiATIONS.  665 

Address. — The  applicant  should  state  his  postoffice  address,  includ- 
ing street  and  number,  or  rural  free  delivery  route,  if  any. 

Identity. — The  identit}^  of  the  applicant  must  be  shown  by  the  testi- 
mony of  two  competent,  credible  witnesses,  who  must  appear  with  him 
before  the  officer  whose  jurat  is  attached  to  the  declaration. 

EVIDENCE  REQUIRED  IN  A  CLAIM  FOR  INVALID  PENSION. 

Military  and  Medical  History. — As  soon  as  practicable  after  the  re- 
ceipt of  an  application  for  pension  a  c^l  will  be  made  by  the  Bureau 
of  Pensions,  in  Army  cases,  upon  the  Adjutant  General,  United  States 
Army,  for  the  full  military  and  medical  history  of  the  applicant,  as 
shown  by  the  records  of  the  War  Department.  In  Navy  cases,  calls 
for  such  evidence  will  be  made  upon  the  proper  bureaus  of  the  Navy 
Department. 

Evidence  That  Disability  Originated  in  Service. — When  the  records  of 
the  War  or  Navy  Departments  do  not  furnish  satisfactory  evidence  that 
the  disability  on  account  of  which  the  claim  is  made  originated  in  the 
service  of  the  United  States,  and  in  the  line  of  duty,  the  claimant  will  be 
required  to  furnish  such  evidence,  in  accordance  with  the  instructions 
hereinafter  given,  and  compliance  with  such  requirement  must  be  full 
and  definite.  If  the  disability  resulted  from  a  wound  or  injury,  the 
nature  and  location  of  the  wound  or  injury,  the  time  when,  the  place 
where,  and  the  manner  in  which  it  was  received,  whether  in  battle  or 
otherwise,  should  be  shown  by  the  evidence  of  someone  who  was  a  com- 
missioned officer  and  had  personal  knowledge  of  the  facts. 

Commissioned  Officer — Surgeon. — If  the  person  called  upon  to  give 
evidence  is  still  in  the  service  as  a  commissioned  officer,  his  certificate 
will  be  accepted  in  lieu  of  his  affidavit.  If  there  is  no  record  of  the 
disability  claimed,  the  applicant  will  be  called  upon  to  furnish  the  tes- 
timony of  the  surgeon  by  whom  he  was  treated,  showing  the  location 
and  nature  of  the  wound  or  injury,  and  the  circumstances  under  which 
it  was  received.  If  the  disability  arose  from  disease,  the  testimony  of 
the  person  who  was  surgeon  or  assistant  surgeon  of  the  regiment  to 
which  the  applicant  belonged,  or  of  the  vessel  on  which  he  served, 
should  be  furnished,  if  possible,  showing  the  name  or  nature  of  the 
disease,  the  time  when,  the  place  where,  it  was  contracted,  and  the 
circumstances  of  exposure  to  the  causes  which,  in  his  opinion,  produced 
the  same.  The  surgeon  should  state  whether,  in  his  opinion,  the  habits 
of  the  applicant  were  contributory  to  the  origin  or  development  of  the 
disease. 

Other  Persons. — In  any  claim,  whether  based  on  wound,  injury,  or 
disease,  if  it  be  shown  that  the  testimony  of  a  surgeon,  assistant  sur- 
geon, or  other  commissioned  officer,  cannot  be  produced  as  evidence 
of  the  origin  of  the  disability  alleged,  the  testimony  of  other  persons 
having  personal  knowledge  of  the  facts  will  be  considered. 

Physicians. — In  a  claim  on  account  of  disability  from  disease,  the 
applicant  must  furnish  the  testimony  of  phj^sicians  who  have  attended 


666  HILLYER^S  LEGAL   MANUAL. 

him  since  the  date  of  discharge,  explicitly  setting  forth  the  history  of 
the  disease  and  the  disability  since  its  first  appearance.  It  is  especially 
important  that  the  physician  who  first  attended  the  applicant  after  his 
discharge  state  the  date  at  which  the  attendance  commenced  and  the 
condition  found  at  the  time.  If  it  should  not  be  possible  for  the  appli- 
cant to  show  the  condition  of  his  health  during  the  whole  period  since 
the  date  of  his  discharge  by  the  testimony  of  physicians,  the  cause  of 
his  inability  to  do  so  should  be  stated  by  him,  under  oath.  The  testi- 
mony of  other  persons  on  this  point  may  then  be  presented.  State- 
ments of  witnesses  in  regard  to  the  manner  in  which  the  applicant  was 
affected  should  be  full  and  definite,  and  should  show  how  such  wit- 
nesses obtained  a  knowledge  of  the  facts  to  which  they  testify. 

Act  of  June  27,  1890,  as  Amended  by  Act  of  May  9,  1900.— Any 
ofRcer,  soldier,  sailor,  or  marine  who  served  ninety  days  or  more  in 
the  military  or  naval  service  of  the  United  States  during  the  late  War 
of  the  Rebellion,  who  has  been  honorably  discharged  therefrom,  and 
who  is  suffering  from  disability  of  a  permanent  character,  not  the 
result  of  his  own  vicious  habits,  which  incapacitates  him  from  the 
performance  of  manual  labor  in  such  a  degree  as  to  render  him  unable 
to  earn  a  support,  is  entitled  to  a  pension  under  this  act  of  not  less 
than  $6  nor  more  than  $12  per  month. 

The  act  of  May  9,  1900,  amending  the  act  of  June  27,  1890,  pro- 
vides that,  in  determining  inability  to  earn  a  support,  each  and  every 
infirmity  shall  be  considered,  and  the  aggregate  of  the  disabilities 
shown  be  rated.  These  acts  require  an  honorable  discharge  from  each 
and  every  term  of  service  rendered  during  the  War  of  the  Rebellion. 
A  modification  of  this  requirement  has  resulted,  by  reason  of  the  pro- 
visions of  section  2  of  the  joint  resolution  of  July  1,  1902,  as  amended 
by  the  joint  resolution  of  June  28,  1906.  As  the  law  now  stands  the 
honorable  discharge  of  any  soldier  or  sailor  from  any  subsequent  con- 
tract of  service  entered  into  by  him  during  the  late  War  of  the  Rebel- 
lion is  regarded  as  an  honorable  discharge  from  all  previous  contracts 
of  service  previously  entered  into  by  him  with  the  United  States  during 
the  said  war,  if  the  service  under  such  subsequent  contract  was  for  not 
less  than  six  months,  and  was  faithful,  and  if  he  had  not  received  by 
reason  of  the  subsequent  service  any  bounty  or  gratuity,  other  than 
from  the  United  States,  in  excess  of  that  to  which  he  would  have  been 
entitled  if  he  had  continued  to  serve  faithfully  until  honorably  dis- 
charged under  any  contract  of  service  previously  entered  into  by  him 
during  the  War  of  the  Rebellion.  The  limitation  of  section  4716,  Re- 
vised Statutes,  operated  against  claimants  under  these  acts  until  July 
1,  1902,  the  date  of  the  passage  of  the  joint  resolution  above  referred 
to,  the  first  section  of  which  removed  the  limitation  as  to  disloyalty, 
except  as  to  those  who  enlisted  in  the  Army  or  Navy  of  the  United 
States  after  January  1,  1865. 

Act  of  February  6,  1907. — By  the  terms  of  this  act  any  person  w^ho 
served  ninety  days  or  more  in  the  military  or  naval  service  of  the 
United  States  during  the  late  Civil  War,  and  who  has  been  honorably 


PENSION   REGULATIONS.  667 

discharged  therefrom,  is  entitled  to  a  pension  at  the  following  rates, 
irrespective  of  rank :  At  sixty-two  years  of  age,  $12  per  month ;  seventy 
years  of  age,  $15  per  month ;  seventy-five  years  or  over,  $20  per  month. 
Pension  commences  from  the  date  of  filing  claim  in  the  Bureau  of 
Pensions,  subsequent  to  February  6,  1907,  after  attaining  the  specified 
age. 

The  bases  of  title  under  this  act,  except  as  herein  otherwise  stated, 
are  the  same  as  under  the  act  of  June  27,  1890,  as  amended  by  the 
act  of  May  9,  1900. 

Claims  for  Increase  of  Invalid  Pensions. — The  pensioner  who  may 
deem  himself  entitled  to  an  increase  of  pension  should  file  a  declara- 
tion setting  forth  the  grounds  upon  which  he  bases  his  claim  for  in- 
crease. Upon  the  receipt  of  a  declaration  the  claimant  will  be  advised 
of  the  evidence  necessary  to  complete  his  claim,  and,  if  it  is  warranted, 
a  medical  examination  will  be  ordered. 

Order  for  Medical  Examination  Will  not  Issue. — An  order  for  med- 
ical examination  will  not  issue  where  the  claimant  is  in  receipt  of  the 
maximum  rate,  under  the  law  and  the  rulings  of  the  department,  for 
the  pensioned  disability,  such  as  "loss  of  sight  of  one  eye,"  "total  deaf- 
ness of  one  ear,"  "hernia,"  "loss  of  limb,"  or  any  other  specific  or 
minor  specific  disability,  for  which  the  rate  is  fixed  by  law  or  depart- 
mental rulings,  and  where  no  complications  are  shown.  Claimant  will 
be  notified  that  he  is  receiving  the  maximum  rate  of  pension  for  the 
pensioned  disability. 

Claims  for  Renewal  of  Pension. — Application  for  renewal  of  pension 
must  be  made  by  a  declaration  executed  as  in  original  claims,  setting 
forth  that  the  cause  for  which  pension  was  granted  still  continues. 

In  cases  of  unclaimed  pensions  (sec.  4719,  Rev.  Stats.)  there  must  be 
filed  evidence  specifically  accounting  for  the  failure  to  claim  the  pen- 
sion, and,  in  the  case  of  invalids,  medical  evidence  showing  the 
continuance  of  the  disability  on  account  of  which  pension  was  allowed. 

NAVY  SERVICE  PENSIONS. 

Enlisted  Men  and  Petty  Officers. — Under  sections  4756  and  4757, 

Revised  Statutes,  pensions  for  twenty  years'  service  and  for  ten 
years'  service,  respectively,  are  allowed  by  the  Secertary  of  the 
Navy  to  enlisted  men  and  appointed  petty  officers  who  have  not  been 
discharged  for  misconduct.  Pension  commences  from  the  date  of  filing 
the  claim  therefor  in  the  Navy  Department;  and  for  twenty  years'  ser- 
vice amounts  to  one-half  the  monthly  pay  of  the  applicant's  rating  at 
his  discharge;  for  ten  years'  service  the  pension  cannot  exceed  the  rate 
for  total  disability  and  is  fixed,  as  is  also  its  duration,  by  the  Navy 
Department.  An  application  for  pension  under  the  sections  referred 
to  should  be  made  to  the  Secretary  of  the  Navy,  and  all  subsequent 
communications  should  be  addressed  to  the  Chief  of  the  Bureau  of 
Navigation,  Navy  Department,  Washington,  D.  C. 


668  hillyer's  legal  manual. 

PENSIONS  TO  WIDOWS  SINCE  MARCH  4,  1861. 

Sections  4702  and  4703,  Revised  Statutes.— To  obtain  title  to  pension 
under  these  sections  it  must  be  shown  that  the  soldier  or  sailor  died 
of  a  disability  contracted  in  the  service  and  in  the  line  of  duty.  The 
date,  place,  and  cause  of  death  of  the  soldier  or  sailor  through  whom 
the  pension  is  claimed  should  be  shown  by  a  verified  transcript  of 
the  public  record.  When  the  public  record  is  indefinite  as  to  the 
cause  of  death,  and  when  it  is  necessary  to  show  the  pathological  con- 
nection between  the  death-cause  as  shown  in  the  record  and  the  dis- 
ability as  proven  of  service  origin,  the  testimony  of  the  attending 
physician  should  be  filed,  giving  a  full  history  of  the  soldier's  fatal 
illness  and  the  mode  and  manner  of  death,  but  when  this  is  impos- 
sible the  testimony  of  other  persons  who  are  acquainted  with  the  cir- 
cumstances may  be  furnished. 

Proof  of  Marriage. — The  marriage  of  the  applicant  to  the  person 
on  account  of  whose  service  and  death  the  claim  is  made  should  be 
shown — • 

(1)  By  a  duly  verified  copy  of  a  public  or  church  record;  or 

(2)  By  the  affidavit  of  the  clergyman  or  magistrate  who  officiated;  or 

(3)  By  the  testimony  of  two  or  more  eye-witnesses  to  the  cere- 
mony; or 

(4)  By  a  duly  verified  copy  of  the  church  record  of  baptism  of  the 
children;  or 

(5)  By  the  testimony  of  two  or  more  witnesses  who  know  that  the 
parties  lived  together  as  husband  and  wife,  and  were  recognized  as 
such,  and  who  shall  state  how  long,  within  their  knowledge,  such  co- 
habitation continued. 

Section  4705,  Revised  Statutes,  provides  that  in  the  claims  of  the 
widows  and  children  of  colored  and  Indian  soldiers  and  sailors  there 
need  be  no  other  evidence  of  marriage  than  satisfactory  proof  that 
the  parties  were  joined  in  marriage  by  some  ceremony  deemed  by  them 
obligatory,  or  habitually  recognized  each  other  as  man  and  wife,  and 
were  so  recognized  by  their  neighbors,  and  lived  together  as  such  up 
to  the  date  of  enlistment,  when  such  soldier  or  sailor  died  in  the 
service,  or,  if  otherwise,  to  the  date  of  his  death. 

Proof  of  Dates  of  Birth  of  Children.— The  dates  of  birth  of  children 
should  be  proved — 

(1)  By  a  duly  verified  copy  of  the  public  records  of  births,  or  the 
church  record  of  baptism;  or 

(2)  By  the  affidavit  of  the  physician  who  attended  the  mother;  or 

(3)  By  the  testimony  of  persons  who  were  present  at  the  births, 
w^ho  should  state  how  they  are  now  able  to  fix  the  precise  dates. 

If  any  child  of  the  person  on  whose  account  the  claim  is  made  died 
after  the  date  at  which  the  widow's  pension  would  commence,  the  date 
of  death  must  be  shown. 

Act  of  June  27,  1890,  as  Amended  by  Act  of  May  9,  1900.— Pensions 
under  these  acts  are  granted  to  widows  upon  proof — 


PENSION    REGULATIONS.  669 

(1)  That  the  soldier  or  sailor  served  at  least  ninety  days  during  the 
War  of  the  Rebellion. 

(2)  That  he  was  honorably  discharged. 

(3)  That  he  is  dead,  but  his  death  need  not  have  been  the  result 
of  his  Army  or  Navy  service.  Under  the  act  of  March  13,  1896,  the 
death  of  the  soldier  or  sailor  may  be  presumed. 

(4)  That  the  widow  is  without  means  of  support  other  than  her 
daily  labor  and  an  actual  net  income  not  exceeding  $250  per  annum. 

(5)  That  she  married  the  soldier  or  sailor  prior  to  June  27,  1890. 
Act   of   April   19,   1908. — Pensions  under  this   act   are   granted   to 

widows  upon  proof — 

(1)  That  the  soldier  or  sailor  served  at  least  ninety  days  during  the 
Civil  War. 

(2)  That  he  was  honorably  discharged. 

(3)  That  he  is  dead,  but  his  death  need  not  have  been  the  result 
of  his  Army  or  Navy  service.  Under  the  act  of  March  13,  1896,  his 
death  may  be  presumed. 

(4)  That  she  was  married  to  the  soldier  or  sailor  prior  to  June  27, 
1890. 

PENSIONS  TO  MINORS  SINCE  MARCH  4,  1861. 

Sections  4702  and  4703,  Revised  Statutes. — To  obtain  title  to  pension 
under  these  sections  it  must  be  shown  that  the  father  of  the  minor 
children  died  of  a  disability  contracted  in  the  service  and  in  the  line 
of  duty;  and,  in  addition,  proof  must  be  furnished  as  follow^s: 

(1)  The  cause  and  date  of  the  father's  death,  the  marriage  of  the 
parents,  and  the  dates  of  birth  of  the  children,  must  be  established. 
When,  however,  satisfactory  proof  upon  these  points  has  been  fur- 
nished in  the  claim  of  the  widow,  it  will  not  again  be  required  in  the 
claim  on  behalf  of  the  minors. 

(2)  If  the  mother  of  the  children  is  dead,  the  date  of  her  death  must 
be  proved.  If  she  remarried,  her  remarriage  must  be  shown  in  the 
same  manner  that  her  marriage  to  the  father  of  the  children  is 
required  to  be  established.  If  the  claim  is  based  on  the  fact  that 
the  widow  has  abandoned  the  care  of  the  children,  or  that  she  is  an 
unsuitable  person,  by  reason  of  immoral  conduct,  to  have  the  custody 
of  them,  and  such  fact  be  duly  certified  under  seal,  by  any  court 
having  probate  jurisdiction,  the  children  are  given  a  pensionable 
status  by  section  4706,  Revised  Statutes,  to  the  exclusion  of  the  widow, 
until  they  severally  attain  the  age  of  sixteen  years,  to  commence  from 
the  date  of  last  payment  to  the  widow,  if  she  be  a  pensioner,  and  if 
not,  from  the  date  on  which  her  pensionable  rights  accrued. 

(3)  If  the  mother  of  the  children  died  before  the  father,  it  must 
be  shown  whether  he  again  married. 

(4)  It  must  be  shown  whether  the  father  left  any  other  pensionable 
child  than  the  minors  for  whose  benefit  the  claim  is  made,  and,  if  so, 
why  such  child  was  not  mentioned  in  the  application.  A  guardian  is 
not  entitled  on  account  of  a  child  that  died  prior  to  the  date  of  the 
application  for  pension. 


670  HILLYER^S  LEGAL  MANUAL. 

Act  of  June  27,  1890,  as  Amended  by  Act  of  May  9,  1900.— Minor 
children  have  title  under  these  acts  upon  the  death  or  remarriage 
of  the  widow  of  the  soldier  or  sailor.  Where,  however,  the  widow  was 
married  to  the  soldier  or  sailor  subsequent  to  June  27,  1890,  and  his 
death-cause  did  not  originate  in  the  service  and  in  the  line  of  duty ;  or 
where  she  has  forfeited  her  title  to  pension  by  open  and  notorious  adul- 
terous cohabitation,  the  minor  takes  title,  even  though  the  widpw  be 
alive  and  unmarried. 

PENSIONS  TO  HELPLESS  CHILDREN. 

Minor  Child  Physically  or  Mentally  Helpless. — The  first  proviso  of 
the  third  section  of  the  act  of  June  27,  1890.  as  amended  by  the  act 
of  May  9,  1900,  continues  the  pension  of  a  minor  child  who  is  insane, 
idiotic,  or  otherwise  physically  or  mentally  helpless,  after  it  becomes 
16  years  of  age,  during  the  life  of  said  child,  or  during  the  period  of 
such  disability.  The  benefits  of  this  proviso  are  extended  to  all  pen- 
sions granted  before  June  27,  1890,  or  thereafter  granted,  under  any 
statute.  The  pension  allowed  by  the  proviso  commences  from  the  date 
of  the  filing  of  the  application  therefor  in  the  Bureau  of  Pensions.  In 
order  to  obtain  title,  the  helplessness  of  the  child  must  have  originated 
prior  to  attaining  the  age  of  sixteen  years,  and  have  continued  there- 
after. 

PENSIONS  TO  DEPENDENT  RELATIVES. 

Section  4707,  Revised  Statutes. — To  obtain  title  to  pension  under 
this  statute,  it  must  be  shown  that  the  soldier  or  sailor  died  of  a  dis- 
ability contracted  in  the  service  and  in  line  of  duty. 

Dependent  Mothers. — A  mother  must  show  her  relationship,  the  date 
and  cause  of  the  son's  death,  whether  he  left  a  widow  or  minor  chil- 
dren surviving,  and  her  dependence  upon  him  for  support  at  the  time 
of  his  death. 

Proof  of  Dependence. — In  proof  of  dependence,  it  must  be  shown 
that  previous  to  the  date  of  the  said  son's  decease,  her  husband  had 
died,  or  that  he  had  permanently  abandoned  her,  or  that,  on  account 
of  disability  from  injury  or  disease,  he  was  unable  to  support  her. 
If  the  husband  is  dead,  the  date  of  his  death  must  be  proved.  If  he 
abandoned  the  support  of  his  family,  the  date  of  the  abandonment,  and 
all  the  facts  of  the  case,  showing  whether  he  ever  returned,  or  ever 
afterwards  contributed  to  the  support  of  the  claimant,  must  be  fully 
set  forth.  If  he  was  disabled,  the  nature  and  cause  of  the  disability, 
when,  and  to  what  extent,  it  rendered  him  unable  to  support  the  claim- 
ant, must  be  shown  by  the  testimony  of  his  physician.  The  extent  of 
his  disability  during  the  period  from  the  son's  death  to  the  present 
time  should  also  be  shown. 

Value  of  Property. — The  value  of  the  property  of  the  claimant  and 
her  husband,  the  income  derived  therefrom,  and  the  other  means  of 
support  possessed  by  her,  while  she  was  receiving  the  contributions  of 
the  son  on  account  of  w^hose  service  and  death  pension  is  claimed,  aud 


PENSION   REGULATIONS.  671 

from  that  time  to  the  present,  should  be  shown  by  the  testimony  of 
credible  and  disinterested  witnesses,  who  mast  state  how  they  know 
the  facts.  The  value  of  property  assessed  for  taxation  may  be  shown 
by  the  testimony  of  the  officer  having  custody  of  the  records  relative 
thereto,  who  should  also  state  the  ratio  of  the  assessed  to  the  actual 
or  cash  value  of  such  property. 

To  What  Extent  Son  Contributed. — It  must  be  shown  to  what  extent, 
for  what  period,  and  in  what  manner,  her  said  son  contributed  to  her 
support,  by  the  testimony  of  persons  for  whom  the  son  labored,  to  whom 
he  paid  rent,  of  whom  he  purchased  groceries,  fuel,  clothing,  or  other 
necessary  articles  for  the  mother's  use,  or  of  those  who  otherwise  had  a 
knowledge  of  the  contributions  of  the  son,  and  who  must  state  how  they 
obtained  such  knowledge.  Any  letter  from  the  son,  bearing  upon  the 
question  of  support,  should  be  filed.  If  the  son,  in  any  other  manner 
than  by  actual  contributions,  acknowledged  his  obligation  to  support 
his  mother,  or  was,  by  law,  bound  to  such  support,  the  facts  should 
be  shown. 

Dependent  Fathers. — A  father  claiming  a  pension  on  account  of  the 
death  of  a  legitimate  son,  upon  whom  he  was  dependent  for  support, 
must  prove — • 

(1)  The  cause  of  his  son's  death ; 

That  said  son  left  no  widow  or  minor  child  surviving; 

The  cause  and  extent  of  claimant's  disability  during  the  period  in 
which  the  son  contributed  to  his  support,  and  from  that  time  to  the 
present ; 

The  amount  of  his  property,  and  all  other  means  of  support  pos- 
sessed by  him  during  that  period,  and  the  extent  of  his  dependence 
upon  his  son  for  support. 

The  facts  of  the  case,  in  each  respect,  should  be  shown  by  such  tes- 
timony, as  is  required  in  the  claim  of  a  mother. 

(2)  The  date  of  the  claimant's  marriage  to  the  mother  of  the  soldier 
or  sailor,  the  date  of  birth  of  the  son,  and  the  date  of  the  death  of 
said  mother,  must  be  proved. 

In  case  the  mother  applied  for  pension,  reference  should  be  made 
to  her  application,  and  the  number  of  the  same,  or  of  her  certificate, 
should  be  given.  Evidence  upon  any  point  established  in  a  mother's 
claim  will  not  again  be  required. 

Minor  Brothers  and  Sisters. — In  a  claim  on  behalf  of  minor  brothers 
and  sisters,  there  must  be  proved — 

The  cause  and  date  of  death  of  the  brother  on  whose  account  the 
claim  is  made ; 

His  celibacy; 

The  dates  of  death  of  the  mother  and  father,  or  death  of  the  father 
and  remarriage  of  the  mother; 

The  dates  of  birth  of  the  claimant  and  other  dependents  upon  the 
brother  for  support. 

If  the  mother  or  father  applied  for  pension,  the  number  ot  his  or 
her  application,  or  of  his  or  her  certificate,  should  be  given. 


672  HILLYER^S  LEGAL  MANUAL. 

Evidence  upon  any  point  established  in  the  claim  of  the  mother 
or  the  father  will  not  again  be  required. 

In  the  administration  of  the  pension  laws  no  distinction  is  made 
between  brothers  and  sisters  of  the  half-blood  and  those  of  the  whole 
blood. 

Act  of  June  27,  1890  (construed  as  amending  sec.  4707,  R.  S.,  as  to 
dependent  parents). — The  same  evidence  is  required  in  claims  under 
this  act  as  under  section  4707,  Revised  Statutes,  in  its  original  form, 
except  as  to  contributions  by  the  soldier  or  sailor,  and  as  to  date  of 
dependence,  which  is  removed  from  the  date  of  the  soldier's  or  sailor's 
death  to  the  date  of  the  filing  of  the  application  for  pension  under 
this  law. 

Rate  of  Pension. — The  rate  of  pension  under  section  4707,  Revised 
Statutes,  in  its  original  form,  and  under  section  1  of  the  act  of  June  27, 
1890,  is  governed  by  the  rank  of  the  soldier  or  sailor  on  account  of 
whose  service  and  death  pension  may  be  claimed. 

Attorney's  Fee. — If  the  claim  is  prosecuted  under  section  4707,  Re- 
vised Statutes,  the  attorney's  fee  may  be  $25;  if  prosecuted  under  sec- 
tion 1  of  the  act  of  June  27,  1890,  the  fee  is  $10. 

CLAIMS  FOR  RENEWAL  AND  RESTORATION. 

Application  for  Renewal. — Application  for  renewal  of  pension  (sec. 
4719,  Rev.  Stats.)  must  be  submitted  to  the  Commissioner  of  Pensions 
by  a  declaration  executed  as  in  an  original  claim,  setting  forth  fully 
the  reasons  for  failure  to  draw  pension,  accompanied  by  evidence  satis- 
factorily accounting  for  such  failure. 

Restoration  of  Pension. — The  act  of  March  3,  1901,  amending  section 
4708,  Revised  Statutes,  and  the  act  of  February  28,  1903,  amendatory 
of  said  act  of  1901,  provided  for  restoration  of  pension  to  certain  re- 
married widows  on  renewed  widowhood.  The  applicant  under  these 
acts  must  show  that  she  was  the  wife  of  the  officer,  soldier,  or  sailor 
during  the  period  of  his  service  in  any  war;  that  her  name  was  dropped 
from  the  roll  by  reason  of  her  marriage  to  another  person,  who  has 
since  died,  or  from  whom  she  has  been  divorced  upon  her  application, 
and  without  fault  on  her  part;  and  that  she  is  without  other  means 
of  support  than  her  daily  labor  and  a  net  income  not  exceeding  $250 
per  annum.  The  fact  that  the  widow  was  originally  barred  from  pen- 
sion by  the  terms  of  the  act  of  March  3,  1865,  by  reason  of  her  mar- 
riage, does  not  deprive  her  of  title  to  restoration  under  the  act  of 
February  28,  1903. 

PENSIONS  TO  ARMY  NURSES. 
Act  of  August  5,  1892. — By  this  act  all  women  employed  by  the 
Surgeon  General  of  the  Army  as  nurses  during  the  late  War  of  the 
Rebellion,  for  a  period  of  six  months  or  more,  and  who  were  honor- 
ably relieved  from  such  service,  are  entitled  to  a  pension,  provided 
they  are  unable  to  earn  a  support.     Applications  for  pension  under 


PENSION   REGULATIONS.  673 

this  act  should  be  made  in  the  form  prescribed  by  the  Commissioner 
of  Pensions. 

DIVISION  OF  PENSION. 

Act  of  March  3,  1899. — Applications  for  division  of  pension  under 
this  act  will  be  adjudicated  in  accordance  with  the  following  rules : 

Rule  1.  Prima  Facie  Case. — All  claimants  under  the  act  of  March  3, 
1899,  will  be  required  to  file  with  their  declarations  proof  in  support 
thereof  sufficient  to  establish  a  prima  facie  case  under  the  law. 

Rule  2.  Claim  by  Wife,  Alleging  Desertion. — Where  the  claim  is 
filed  by  the  wife,  alleging  that  the  pensioner  has  deserted  her  for  a 
period  of  over  six  months  subsequent  to  March  3,  1899,  and  prior  to 
the  filing  of  the  declaration,  the  declaration  must  be  accompanied  by 
evidence  showing  that  she  is  the  wdfe  of  the  pensioner;  that  the  pen- 
sioner has  deserted  her  for  the  period  alleged  in  the  declaration,  and 
that  she  is  a  woman  of  good  moral  character  and  in  necessitous  cir- 
cumstances. 

Rule  3.  Claim  by  Wife  Alleging  Pensioner  is  Inmate  of  Home. — 
Where  the  claim  is  filed  by  the  wife,  alleging  that  the  pensioner  is  an 
inmate  of  a  State  Soldiers'  or  Sailors'  Home,  or  a  National  Soldiers' 
Home,  the  declaration  must  be  accompanied  by  evidence  showing  that 
the  claimant  is  the  wife  of  the  pensioner  and  that  she  is  a  woman  of 
good  moral  character  and  in  necessitous  circumstances. 

Rule  4.  Claim  by  Pensioner,  Alleging  Desertion. — Where  the  claim 
is  filed  by  or  on  behalf  of  the  minor  child  or  children,  under  sixteen 
years  of  age,  of  a  pensioner,  alleging  that  pensioner  has  deserted  said 
child  or  children,  the  declaration  must  be  accompanied  by  evidence 
showing  the  marriage  of  the  parents;  the  date  of  birth  of  each  child; 
death  or  divorce  of  the  mother  of  the  minor  child  or  children,  or  that 
she  has  no  title  under  the  said  act;  that  the  pensioner  has  deserted 
such  child  or  children  for  the  period  alleged ;  and,  in  the  event  of  the 
death  or  divorce  of  the  mother  of  the  minor  child  or  children,  that  the 
pensioner  had  not  remarried  prior  to  the  statutory  date  of  desertion, 
or  that  his  present  wife  has  no  title  under  said  act. 

Rule  5.  Claim  by  Minor  Alleging  Pensioner  is  Inmate  of  Home. — 
Where  the  claim  is  filed  by  or  on  behalf  of  the  minor  child  or  children, 
under  sixteen  years  of  age,  of  the  pensioner,  alleging  that  the  pensioner 
is  an  inmate  of  a  State  Soldiers'  or  Sailors'  Home  or  a  National  Sol- 
diers' Home,  the  declaration  must  be  accompanied  by  evidence  showing 
the  marriage  of  the  parents;  date  of  the  birth  of  each  child;  the  death 
or  divorce  of  the  mother  of  the  minor  child  or  children ;  or  that  she  has 
no  title  under  the  act  of  March  3,  1899 ;  and,  in  the  event  of  the  death 
or  divorce  of  the  mother  of  said  minor  child  or  children,  that  the  pen- 
sioner had  not  remarried  prior  to  the  statutory  date  of  entrance  into 
the  home,  or  that  his  present  wife  has  no  title  under  said  act. 

Rule  6.     Claim    by   Permanently   Helpless   and   Dependent    Child, 
Alleging  Desertion. — Where  the  claim  is  filed  by  or  on  behalf  of  a 
43 


674  hillyer's  legal  manual. 

permanently  helpless  and  dependent  child  of  a  pensioner,  alleging  that 
pensioner  has  deserted  such  child,  the  declaration  must  be  accompanied 
by  evidence  showing  the  marriage  of  the  parents ;  the  date  of  birth  of 
the  child ;  the  death  or  divorce  of  the  mother  of  the  child,  or  that  she 
has  no  title  under  the  said  act;  that  the  pensioner  has  deserted  such 
child  for  the  period  alleged ;  that  the  child  is  permanently  helpless  and 
dependent;  and  in  the  event  of  the  death  or  divorce  of  the  mother  of 
such  child,  that  the  pensioner  had  not  remarried  prior  to  the  statutory 
date  of  desertion,  or  that  his  present  wife  has  no  title  under  said  act. 

Rule  7.  Claim  by  Permanently  Helpless  and  Dependent  Child, 
Alleging  Pensioner  Inmate  of  Home. — Where  the  claim  is  filed  by  or  on 
behalf  of  a  permanently  helpless  and  dependent  child  of  a  pensioner, 
alleging  that  pensioner  is  an  inmate  of  a  State  Soldiers'  or  Sailors' 
Home  or  a  National  Soldiers'  Home,  the  declaration  must  be  accom- 
panied by  evidence  showing  the  marriage  of  the  parents;  the  date  of 
birth  of  the  child ;  the  death  or  divorce  of  the  mother  of  such  child ;  or 
that  she  has  no  title  under  the  act  of  March  3,  1899 ;  that  such  child  is 
permanently  helpless  and  dependent ;  and  in  the  event  of  the  death  or 
divorce  of  the  mother  of  said  child  that  the  pensioner  had  not  remar- 
ried prior  to  the  statutory  date  of  entrance  into  the  Home,  or  that  his 
present  wife  has  no  title  under  said  act. 

Rule  8.  Declaration,  Unaccompanied  by  Evidence. — A  declaration, 
unaccompanied  by  evidence  as  indicated  herein  sufficient  to  establish 
a  prima  facie  case,  will  not  be  considered  as  conferring  any  right  upon 
the  claimant,  or  as  serving  notice  upon  the  Bureau  sufficient  to  war- 
rant the  suspension  or  the  withholding  of  any  part  of  the  pension  due 
or  owing  to  the  pensioner.  Upon  the  receipt  of  a  declaration,  un- 
accompanied by  evidence  as  indicated  herein,  it  should  be  promptly 
returned  to  the  claimant  with  a  notification  that  until  the  application  is 
perfected  in  accordance  therewith  it  cannot  be  considered. 

Rule  9.  Suspension  of  One-half  of  Pension. — Upon  the  filing  by  the 
wife,  minor  child  or  children,  or  permanently  helpless  and  dependent 
child  of  a  pensioner,  of  a  declaration  accompanied  by  sufficient  evi- 
dence to  show  a  prima  facie  case  under  the  act  of  March  3,  1899,  the 
United  States  pension  agent  will  at  once  be  instructed  to  suspend  pay- 
ment of  one-half  of  the  unpaid  pension  due  the  pensioner  for  the  period 
from  the  date  of  statutory  desertion,  or  his  entrance  into  a  State  or 
National  Soldiers '  Home,  and  to  withhold  from  him  one-half  of  the  pen- 
sion due  and  payable  to  him  for  the  period  from  the  date  of  the  filing 
of  the  declaration,  and  during  the  pendency  of  the  claim  under  the  act 
cited. 

Entry. — The  United  States  pension  agent,  upon  the  receipt  of  a  notice 
from  the  Commissioner  of  Pensions  to  suspend  payment  of  one-half 
the  pension  of  the  pensioner,  will  make  a  record  entry  thereof,  and 
promptly  acknowledge  receipt  of  said  notice  of  suspension,  and  there- 
after he  will  make  no  payment  of  the  one-half  suspended  portion  of  the 


PENSION   REGULATIONS.  675 

pension  to  any  person  until  further  directed  by  the  Commissioner  of 
Pensions.. 

Notice  of  Suspension. — In  case  the  pensioner  is  an  inmate  of  a 
National  Soldiers '  Home,  the  treasurer  of  said  Home  will,  on  the  same 
date  of  the  notice  of  suspension  to  the  United  States  pension  agent,  be 
duly  advised,  through  the  Governor  of  said  Home,  of  said  notice  of 
suspension.  If,  on  the  date  of  receipt  of  said  notice  by  the  treasurer 
of  the  Home,  he  shall  be  in  possession  of  any  unexpended  pension  money 
drawn  in  pensioner's  behalf,  or  to  which  the  pensioner  became  entitled 
during  his  residence  in  said  Home  subsequent  to  March  3,  1899,  the 
treasurer  shall  withhold  and  retain  in  his  possession  one-half  of  said 
unexpended  pension  money,  subject  to  the  future  order  of  the  Com- 
missioner of  Pensions. 

Rule  10.  Stay  Pending  Adjudication. — The  filing  of  an  application 
by  a  claimant  under  the  act  of  March  3,  1899,  like  an  appeal  by  claim- 
ant or  pensioner,  shall  serve  the  same  purpose  as  a  writ  of  supersedeas, 
or  other  similar  w^rit,  and  shall  stay  further  Bureau  proceedings,  so  far 
as  they  involve  further  payment  of  the  one-half  of  the  pension  in  con- 
troversy, pending  the  adjudication  of  the  claim  by  the  Commissioner  of 
Pensions. 

Rule  11.  Date  of  Desertion. — In  all  cases  filed  under  the  act  of 
March  3,  1899,  and  allowed,  the  claimant  is  entitled  to  one-half  of  so 
much  of  the  unpaid  pension  as  is  due  or  owing  to  the  pensioner  at  the 
date  of  the  filing  of  the  declaration,  and  covering  the  period  from  the 
date  of  the  statutory  desertion,  subsequent  to  the  passage  of  the  act 
of  March  3,  1899,  or  covering  the  period  from  the  entrance  of  the  pen- 
sioner into  a  State  Soldiers'  or  Sailors'  Home  or  a  National  Soldiers' 
Home  subsequent  to  the  passage  of  the  act  of  March  3,  1899.  In  cases 
of  desertion,  where  the  desertion  occurred  prior  to  the  passage  of  the 
act  of  March  3,  1899,  the  date  of  statutory  desertion  will  be  accepted 
as  March  4,  1899.  In  cases  where  the  desertion  occurred  subsequent 
to  March  3,  1899  (the  date  of  the  passage  of  the  act),  the  date  of  the 
actual  desertion  will  be  accepted  as  the  date  of  the  commencement  of 
the  statutory  desertion.  No  right  can  accrue  to  a  wife-claimant  until 
the  pensioner  has  been  in  actual  desertion  for  a  period  of  over  six 
months  prior  to  the  execution  of  her  declaration,  and  no  right  of  appli- 
cation by  a  wife,  under  the  act,  can  accrue  on  account  of  desertion, 
until  six  months  have  expired  from  the  date  of  such  desertion. 

Rule  12.  Date  of  Entrance  into  Home. — In  cases  filed  under  the  act 
of  March  3,  1899,  where  the  pensioner  is  an  inmate  of  a  State  Soldiers' 
or  Sailors'  Home  or  a  National  Soldiers'  Home,  the  actual  date  of  en- 
trance into  the  Home  subsequent  to  March  3,  1899,  wnll  govern.  If  at 
the  date  of  the  passage  of  the  act  the  pensioner  was  an  inmate  of  a 
State  Soldiers'  or  Sailors'  Home  or  a  National  Soldiers'  Home  March 
4,  1899,  will  be  considered  as  the  statutory  date  of  the  pensioner's  en- 
trance into  the  Soldiers'  Home,  and  payment,  if  the  claim  is  allowed, 
shall  be  one-half  of  so  much  of  the  pension  as  remained  unpaid  and 


676  hillyer's  legal  manual. 

due  and  owing  to  the  pensioner  at  the  date  of  the  filing  of  the  declara- 
tion. 

Rule  13.  Increase  of  Pension. — When  an  increase  of  pension  is 
allowed  a  pensioner  subsequent  to  the  allowance  of  a  claim  under  the 
act  of  March  3,  1899,  the  beneficiary  shall  be  entitled  to  one-half  of 
only  so  much  of  the  pension  as  is  due  the  pensioner,  covering  the  period 
subsequent  to  the  statutory  desertion  established  in  the  claim,  or  sub- 
sequent to  the  date  of  the  entrance  of  the  pensioner  into  the  Soldiers' 
Home  subsequent  to  the  passage  of  the  act  of  March  3,  1899. 

Rule  14.  Promptness. — As  promptness  in  the  adjudication  of  claims 
filed  under  the  act  of  March  3,  1899,  is  imperative,  to  avoid  vexatious 
charges  against  one  or  the  other,  both  the  claimant  and  the  pensioner 
will  be  required  to  answer  calls  made  for  evidence  promptly. 

Rule  15.  Answer. — Where  a  prima  facie  case  under  the  act  of  March 
3,  1899,  has  been  filed  the  pensioner  will  receive  the  usual  notice  of 
the  filing  of  the  claim,  and  will  be  allowed  thirty  days,  as  herein  pro- 
vided, from  the  receipt  of  said  notice,  to  answer  the  allegations  made 
therein.  Where  the  pensioner  has  made  answer,  and  in  rebuttal  filed 
evidence,  the  claimant  will  be  allowed  thirty  days  from  the  receipt  of 
a  notice  of  such  evidence  to  answer  same  and  complete  the  claim  in 
accordance  with  the  terms  of  the  act  of  March  3,  1899.  Should  the 
claimant  fail  to  complete  the  claim,  or  fail  to  give  a  satisfactory  reason 
for  so  doing,  the  case  should  be  rejected,  on  the  ground  that  claimant 
has  failed  to  establish  title  within  the  meaning  of  the  act  of  March  3, 
1899. 

Rule  16.  Waiver  of  Answer. — Where  the  pensioner  receives  the 
usual  thirty-day  notice  of  the  filing  of  the  claim  under  the  act  of  March 
3,  1899,  and  fails  to  make  answer  within  thirty  days  from  the  receipt 
thereof,  he  will  be  considered  as  waiving  his  right  of  answer,  and  the 
registry  return  receipt  card,  or  other  evidence,  showing  his  receipt 
thereof,  will  be  considered  as  proof  of  service  upon  him  of  notice  of 
the  filing  of  the  claim  and  his  waiver  of  answer  thereto. 

Rule  17.  Right  of  Appeal. — ^Upon  the  adjudication  of  a  claim  under 
the  act  of  March  3,  1899,  the  Bureau  will  promptly  notify  both  parties 
of  the  action  taken,  by  registered  letter,  informing  both  that  thirty 
days  from  the  receipt  of  said  notice  will  be  allowed  for  the  purpose  of 
appealing  from  the  decision  of  the  Bureau,  and  there  shall  be  inclosed, 
to  both  claimant  and  pensioner,  a  copy  of  Rules  of  Practice  in  Appealed 
Claims.  No  payment  will  be  made  until  the  expiration  of  said  thirty 
days,  unless  the  right  of  appeal  shall  be  sooner  waived :  Provided,  how- 
ever, that  the  unexplained  failure  of  a  pensioner  to  appear,  answer,  or 
in  any  way  plead  to  the  claimant's  application,  after  due  notice  thereof, 
shall  be  deemed  a  waiver  of  his  right  of  appeal  to  the  extent  that,  if 
the  claim  is  allowed,  final  orders  for  division  of  pension  shall  issue  at 
once. 


PENSION   REGULATIONS.  677 

Rule  18.  Upon  Filings  of  Appeal,  Payment  Suspended. — Upon  the 
filings  of  an  appeal,  in  accordance  with  the  rules  of  the  Department, 
payment  will  be  still  suspended,  pending  the  decision  of  the  Depart- 
ment upon  the  appeal,  as  required  by  Rule  14  of  Rules  of  Practice  in 
Appealed  Claims. 

Rule  19.  If  No  Appeal  Filed. — If  no  appeal  is  filed  within  thirty 
days  from  the  date  as  shown  by  the  registry  return  receipt  card,  pay- 
ment will  be  made  in  all  cases  allowed,  and  suspension  of  payment  will 
be  removed  in  all  cases  rejected,  and  the  full  amount  of  pension  re- 
stored to  the  pensioner  in  the  last-named  cases. 

Rule  20.  Payments  to  Beneficiaries. — Any  and  all  payments  of  one- 
half  the  pension  to  any  of  the  beneficiaries  named  in  the  first  three 
provisos  of  said  act  of  March  3,  1899,  shall  hereafter  be  made  by  and 
through  the  United  States  pension  agents,  and,  in  future,  no  payment 
shall  be  made  to  any  of  said  beneficiaries  by  the  treasurer  of  a  National 
Soldiers'  Home,  except  one-half  of  so  much  of  the  pensioner's  pension 
as  shall  be  in  the  hands  of  the  treasurer  of  said  Home,  and  unexpended, 
at  the  date  of  filing  the  claim  under  said  act,  in  which  case  the  treas- 
urer shall  withhold  and  disburse  upon  the  order  of  the  Commissioner 
of  Pensions,  as  provided  in  Rule  9,  supra. 

Rule  21.  Applications  for  Reconsideration. — Applications  for  recon- 
sideration or  reopening  of  the  Bureau  action  in  cases  under  the  first, 
second,  or  third  provisos  of  the  act  of  March  3,  1899,  should  be  in  the 
form  of  a  motion,  or  petition,  stating  briefly,  but  specifically,  the 
grounds  upon  which  the  application  is  based,  and  which,  if  true,  would 
warrant  a  modification  or  reversal  of  the  Bureau  action.  The  motion 
should  be  accompanied  by  evidence  sufficient,  if  true,  to  establish  the 
grounds  for  reconsideration,  or  reopening,  relied  upon  by  the  appli- 
cant, and  by  due  proof  of  service  of  copies  of  the  motion,  or  petition, 
and  the  supporting  evidence  upon  the  opposite  party  or  his  or  her 
attorney. 

Proof  of  Service. — Proof  of  service  must  be  such  as  will  satisfy  the 
Bureau  that  the  opposite  party  has  been  informed  of  the  motion,  or 
petition,  and  the  supporting  evidence,  and  may  consist  of,  first,  a  writ- 
ten acceptance  of  service  by  the  opposite  party  or  his  or  her  attorney 
of  record;  or  second,  a  postal  registry  return  receipt  card  signed  by 
the  opposite  party  or  attorney  of  record,  accompanied  by  an  affidavit 
showing  that  on  a  certain  date  copies  of  the  motion,  or  petition,  and 
the  supporting  evidence  were  mailed  in  a  registered  letter,  postpaid, 
to  the  opposite  party  or  the  attorney  of  record,  addressed  to  a  certain 
postoffice  (naming  it)  ;  and  that  the  card  was  returned  in  acknowledg- 
ment of  receipt  of  such  letter;  or  third,  an  affidavit,  showing  that  on  a 
certain  date  and  at  a  certain  place  copies  of  the  motion,  or  petition, 
and  of  the  supporting  evidence  were  personally  delivered  to  the  oppo- 
site party  or  his  or  her  attorney  of  record. 

Applications  for  reconsideration,  or  reopening,  not  conforming  to 
the  foregoing  requirements,  or  showing  satisfactory  reason  why  per- 


678 

sonal  service  cannot  be  made,  will  not  be  considered  by  the  Bureau, 
but  will  be  promptly  returned  to  the  applicant,  or  his  or  her  attorney 
of  record,  for  compliance  therewith. 

Action  upon  Acceptance  of  Application  for  Reconsideration. — Upon 
the  acceptance  by  the  Bureau  of  Pensions  of  an  application  for  recon- 
sideration, or  reopening,  the  opposite  party  will  be  advised,  and  allowed 
thirty  days  within  which  to  answer  or  demur  thereto.  Payment  of 
one-half  of  the  pension  in  question  will  be  suspended,  pending  the 
consideration  of  the  application,  and  such  suspension  will  be  continued 
for  a  period  of  thirty  days  from  the  date  of  receipt  of  notice  of  the 
bureau  action  upon  the  application,  to  permit  the  filing  of  an  appeal, 
unless  the  right  of  appeal  shall  have  been  waived  by  the  party  in  in- 
terest. 

CLAIMS  FOR  SHARE  OF  PENSION  PAID  TO  INMATES  OF  THE 
GOVERNMENT  HOSPITAL  FOR  THE  INSANE. 

Act  of  February  2, 1909. — By  the  terms  of  this  act,  the  pension  accru- 
ing to  an  inmate  of  the  Government  Hospital  for  the  Insane  must  be 
paid  to  the  superintendent  or  disbursing  agent  of  such  hospital,  and 
the  money  so  paid  shall  be  disbursed  and  used,  under  the  regulations 
prescribed  by  the  Secretary  of  the  Interior,  for  the  benefit  of  the  pen- 
sioner, and  in  the  case  of  a  male  pensioner,  his  wife,  minor  children, 
and  dependent  parents,  or,  if  a  female  pensioner,  her  minor  children, 
if  any,  in  the  order  named.  All  questions  affecting  the  right  of  a 
claimant  to  a  share  of  the  pension  of  an  inmate  of  the  hospital  are 
determined  upon  evidence  submitted  to  the  Commissioner  of  Pensions, 
in  accordance  with  the  practice  obtaining  in  such  cases.  The  findings 
of  the  Commissioner  of  Pensions  upon  the  evidence  are  submitted  to 
the  Secretary  of  the  Interior  for  approval,  and,  upon  the  latter 's  direc- 
tion, the  disbursing  officers  of  said  hospital  will  make  proper  distri- 
bution of  the  pension  money  to  the  dependents  enumerated  in  said  act. 

Applications  for  Allotment. — Applications  to  the  Commissioner  of 
Pensions  for  allotment  of  a  share  of  the  pension  in  cases  under  the  act 
of  February  2,  1909,  should  be  made  under  oath,  and  the  applicant 
should  state  the  relationship  to  the  insane  person,  the  certificate  num- 
ber of  such  person,  if  known,  the  aggregate  value  of  all  property  owned 
by  the  applicant,  as  well  as  the  sources  of  income  and  means  of  support 
of  said  applicant.  All  allegations  should  be  sustained  by  the  testimony 
of  persons  competent  to  testify  from  personal  knowledge  of  the  facts, 
and  the  witnesses  should  state  their  ages,  means  of  knowledge  of 
the  facts  to  which  they  testify,  and  their  postoffice  addresses,  giving 
the  street  and  number,  or  rural  free  delivery  route,  if  any.  In  case  the 
application  is  made  by  the  wife,  she  should  furnish  a  certified  copy  of  the 
public  or  church  record  of  her  marriage  to  pensioner,  or,  if  no  such 
record  exists,  the  affidavit  of  the  person  who  performed  the  ceremony, 
or  the  testimony  of  competent  witnesses,  who  were  present  at  the 
marriage,  showing  the  date  thereof.     If  either  applicant  or  pensioner 


PENSION   REGULATIONS.  679 

had  been  previously  married,  the  death  or  divorce  of  the  former  con- 
sort should  be  proved,  in  case  of  death,  by  a  verified  copy  of  the  public 
or  church  record,  or  by  the  testimony  of  credible  witnesses  if  no  record 
of  death  exist;  and,  in  case  of  divorce,  by  a  certified  copy  of  the  decree 
of  the  court.  If  there  was  no  prior  marriage  on  the  part  of  the  appli- 
cant or  the  pensioner,  this  fact  should  be  shown  by  the  testimony  of 
at  least  two  credible  witnesses  who  have  known  the  applicant  and  the 
pensioner  from  the  time  they  became  of  marriageable  age. 

Relationship. — In  the  cases  of  minor  children  or  dependent  parents, 
the  relationship  of  the  applicants  to  the  pensioner  must  be  satisfactorily 
shown. 

Evidence. — The  application  and  the  evidence  necessary  to  establish 
the  claim  should  be  filed  at  the  same  time. 

CLAIMS  FOR  PAYMENT  OF  PENSION  TO  WIVES  OF  INSANE 
PENSIONERS,    OR    TO    WIVES    OF    PENSIONERS    UNDER- 
GOING SENTENCE  OF  IMPRISONMENT. 
Act  of  August  8,  1882. — Where  an  insane  invalid  pensioner  has  no 
guardian  and  has  a  wife  or  children  dependent  upon  him,  the  wife 
being  a  woman  of  good  character,  the  Commissioner  of  Pensions  is 
authorized,  in  his  discretion,  to  cause  the  pension  to  be  paid  to  the 
wife,  upon  her  properly  executed  voucher,  or,  if  there  is  no  wife,  to 
the  guardian  of  the  children,  upon  his  properly  executed  voucher,  and, 
in  like  manner,  to  make  payment  of  the  pension  due  invalid  pensioners 
who  are  imprisoned  for  offenses  against  the  law,  to  their  wives,  or  the 
guardians  of  their  children. 

Evidence. — Under  this  statute  evidence  showing  the  pensioner's  in- 
sanity or  imprisonment,  and,  in  the  case  of  a  wife,  her  good  character, 
as  well  as  the  proof  required  in  claims  under  the  act  of  February  2, 
1909,  supra,  must  be  furnished. 

ACCRUED  AND  REIMBURSED  CLAIMS. 
Act  of  March  2,  1895. — An  accrued  pension  is  payable,  under  the 
terms  of  this  act,  whether  the  certificate  issues  prior  or  subsequent  to 
the  death  of  the  person  entitled  to  the  pension,  first,  to  his  widow, 
second,  if  there  is  no  widow,  to  his  child  or  children  under  sixteen 
years  of  age,  third,  in  case  of  a  widow%  to  her  minor  children  who  were 
under  sixteen  years  of  age  at  the  date  of  her  death.  No  other  person 
is  entitled  to  receive  the  accrued  pension,  as  a  matter  of  right,  nor  is  it 
considered  a  part  of  the  assets  of  the  estate  of  the  deceased  pensioner. 
It  is  not  liable  for  the  debts  of  the  estate,  in  any  case  whatsoever,  but 
inures  to  the  sole  and  exclusive  benefit  of  the  widow  or  children.  The 
proof  necessary  to  establish  a  claim  for  accrued  pension  is  identical 
with  that  required  to  establish  the  claim  of  a  widow  or  minor  child  to 
original  pension,  in  so  far  as  the  relationship  of  the  claimant  for  the 
accrued  pension  and  the  pensioner  is  concerned.  Full  instructions  will 
be  given  by  the  Commissioner  of  Pensions  to  an  applicant  for  accrued 


680 

pension  as  to  the  character  of  the  evidence  necessary  to  establish  a 
claim. 

Claim  for  Reimbursement. — A  claim  for  reimbursement  may  be  made 
by  the  person  who  bore  the  expenses  of  the  last  sickness  and  burial  of 
any  pensioner  who  died,  leaving  no  widow,  or  child  under  sixteen 
years  of  age,  surviving,  provided  the  pensioner  did  not  leave  sufficient 
assets  to  meet  such  expenses.  An  application  for  reimbursement  should 
be  accompanied  by  the  following  evidence : 

(a)  Bills  of  All  Expenses  of  Last  Sickness  and  Burial. — If  paid  by 
the  claimant  for  reimbursement  the  bills  must  be  properly  receipted 
to  said  claimant.  If  unpaid,  the  parties  to  whom  said  bills  are  due 
should  note  on  each  bill,  over  their  signatures,  that  they  hold  the 
claimant  responsible  for  the  payment.  If  the  bill  be  for  medical  treat- 
ment it  must  show  the  dates  of  visits  or  treatment  and  the  charge  for 
each.  A  bill  for  nursing  and  care  must  show  the  dates  between  which 
the  services  were  rendered,  and  the  rate  per  day  or  week.  The  bill 
of  the  undertaker  must  be  itemized,  and  show  the  date  on  which  the 
services  were  rendered. 

Each  bill  must  show  that  the  service  was  rendered  for  the  pensioner 
on  account  of  whom  reimbursement  is  claimed. 

All  claims  should  be  presented  in  the  name  of  one  person. 

Bills  which  are  forwarded  become  a  part  of  the  records  of  the  Bureau 
of  Pensions,  and  cannot  be  returned.  Claimants  should  therefore 
secure  duplicates  of  such  bills  if  needed  by  them. 

(b)  The  Pension  Certificate  Which  was  Issued  in  the  Name  of  the 
Pensioner. — If  such  certificate  is  not  in  possession  of  the  claimant  a  state- 
ment showing  its  whereabouts  or  final  disposition  should  be  made. 

WITNESSES  AND  TESTIMONY. 

Declaration  Before  Attorney. — A  declaration  executed  before  an 
officer  who  is  claimant's  attorney  is  accepted  by  the  Bureau  of  Pen- 
sions as  good  and  valid,  but  under  the  practice  such  magisterial  act 
vacates  any  rights  which  may  be  conferred  on  him  in  the  power  of 
attorney  therein  embodied. 

Evidence  Executed  Before  Person  Who  has  Interest  Therein. — Evi- 
dence executed  before  an  officer  who  is  claimant's  attorney  or  before 
any  person  who  has  a  manifest  interest  therein  will  not  be  considered. 
It  is  held  by  the  Secretary  of  the  Interior,  however,  that  evidence  so 
executed,  wherein  the  certificate  of  such  officer  contains  a  clause  setting 
forth  that  "he  is  in  nowise  interested  in  the  claim  nor  concerned  in  its 
prosecution"  is  good  and  valid,  but  the  rights  such  officer  may  have 
had  as  attorney  in  the  case  are  thereby  abandoned.  All  certificates  of 
executing  officers  should  certify  that  they  have  no  interest  in  the  claim. 

Testimony  of  Persons  Other  Than  Relatives. — It  is  desirable  that  the 
facts  required  to  be  proved  in  the  prosecution  of  a  claim  for  pension 
should,  if  possible,  be  shown  by  the  testimony  of  persons  other  than 
near  relatives  of  the  claimant. 


PENSION   REGULATIONS.  681 

Best  Evidence. — Every  fact  required  to  be  proved  should  be  shown 
by  the  best  evidence  obtainable.  Every  witness  should  state  whether 
he  has  any  interest,  direct  or  indirect,  in  the  prosecution  of  the  claim 
in  which  he  may  testify,  and  should  give  his  postoffice  address,  with 
street  and  number,  or  rural  free-delivery  route,  if  any. 

Detailed  Statement  of  Facts — Credibility  of  Witnesses. — Witnesses 
should  not  merely  confirm  the  statements  of  other  parties,  but  should 
give  a  detailed  statement  of  the  facts  known  to  them  in  regard  to  the 
matter  concerning  which  they  testify,  and  should  state  how  they  ob- 
tained a  knoAvleclge  of  such  facts.  The  officer  taking  the  deposition  or 
affidavit  should  certify  in  his  own  handwriting  as  to  his  knowledge  of 
the  credibility  of  the  witnesses.  If  they  sign  by  mark,  the  signature 
must  be  attested  by  two  witnesses  who  can  write,  and  the  officer  must 
certify  that  the  contents  of  their  depositions  or  affidavits  were  read 
to  them  before  he  administered  the  oath. 

Interlineations  and  Erasures. — It  is  desirable  that  affidavits  should 
be  free  from  interlineations  and  erasures.  When  an  alteration  is  made 
in  an  affidavit,  or  an  addition  is  made  thereto,  it  must  appear  by  the 
certificate  of  the  officer  who  administered  the  oath  that  such  alteration 
or  addition  was  made  with  the  knowledge  and  sworn  consent  of  the 
affiant. 

Affidavits  from  Surgeons  or  Physicians. — In  all  affidavits  from  sur- 
geons or  physicians  it  is  desirable  that  the  portion  detailing  the  nature 
of  the  disability,  dates  of  treatment,  and  date  of  death,  symptoms  and 
opinions  as  to  connection  between  diseases  or  injury  and  disease,  should 
be  in  the  handwriting  of  the  party  by  whom  it  is  signed.  The  testi- 
mony of  any  person  testifying  as  an  expert  should  be  prepared  by  some 
one  professionally  competent  to  do  so. 

Official  Certificates. — The  official  certificates  of  judicial  officers  using 
a  seal  or  of  commissioned  officers  of  the  Army  or  Navy  in  actual  service 
will  be  accepted  without  being  sworn  to,  but  all  other  witnesses  must 
testify  under  oath. 

COPIES  OR  ORIGINALS  OF  PAPERS. 

Papers  or  Exhibits. — All  papers  or  exhibits  filed  as  evidence  in  claims 
for  pension  become  a  part  of  the  record.  Copies  of  same  or  originals 
can  be  returned  only  within  the  discretion  of  the  Commissioner  of  Pen- 
sions upon  application  by  the  parties  properly  entitled  thereto. 

Certified  Copies  of  Declarations  and  Affidavits. — Certified  copies  of 
declarations  and  affidavits  on  file  in  claims  for  pension  will  be  furnished 
only  upon  the  call  of  the  court  or  the  department  wherein  the  same 
are  to  be  used  as  evidence,  and  if  for  use  in  a  court  upon  the  following 
conditions : 

Suit — Parties — Court. — The  Bureau  of  Pensions  should  be  advised 
of  the  nature  of  the  suit,  the  names  of  the  parties  thereto,  and  in  what 
court  the  action  is  pending. 


682 

Evidence  Material. — The  party  who  desires  to  use  the  certified 
copies  should  state  what  he  expects  to  prove  by  them  and  make  oath 
in  due  form  that  this  evidence  is  material  to  his  cause;  that  the  object 
of  its  use  cannot  be  attained  by  the  substitution  of  any  other  evidence; 
that  without  it  he  may  suffer  irreparable  injury,  and  that  the  United 
States  government  is  not  involved  as  a  party  to  the  action  nor  inter- 
ested in  the  result  thereof. 

Request  from  Judge. — With  such  affidavit  he  should  file  a  request 
from  the  judge  of  the  court  in  which  the  action  is  pending  for  the  pro- 
duction of  such  certified  copies. 

Papers  Should  be  Clearly  Specified. — The  papers  of  which  copies  are 
desired  should  be  clearly  specified,  and  the  name  of  the  soldier  upon 
whose  service  the  claim  was  based,  the  designation  of  the  organization 
in  which  he  served,  and,  if  possible,  the  number  of  the  claim  or  the 
certificate  should  be  stated,  in  order  that  the  case  may  be  identified  and 
unnecessary  delay  avoided. 

MISCELLANEOUS. 

Certificate  of  Service. — Applications  for  certificate  of  service  in  lieu 
of  lost  discharge  should  be  filed  with  the  Adjutant  General,  United 
States  Army,  War  Department,  in  Army  cases,  and  with  the  Chief  of 
the  Bureau  of  Navigation,  Navy  Department,  in  Navy  cases. 

Back  Pay,  Extra  Pay,  Bounty  Money  or  Prize  Money. — Applications 
for  back  pay,  extra  pay,  or  bounty  money  for  military  service  should  be 
filed  with  the  Auditor  for  the  War  Department ;  for  bounty,  extra  pay, 
or  prize  money  for  naval  services,  with  the  Auditor  for  the  Navy  De- 
partment. 

Artificial  Limbs  or  Mechanical  Appliances. — Applications  for  arti- 
ficial limbs  or  mechanical  appliances  should  be  filed  with  the  Surgeon 
General,  United  States  Army,  War  Department. 


DOLLAR  A  DAY  PENSION  ACT. 

Pensions — Allowed  at  Age  of  Sixty-two  for  Service  in  Civil  War — 
Allowed  for  Disability. — Any  person  who  served  ninety  days  or  more 
in  the  military  or  naval  service  of  the  United  States  during  the  late 
Civil  War,  who  has  been  honorably  discharged  therefrom,  and  who  has 
reached  the  age  of  sixty-two  years  or  over,  shall,  upon  making  proof 
of  such  facts,  according  to  such  rules  and  regulations  as  the  Secretary 
of  the  Interior  may  provide,  be  placed  upon  the  pension  roll  and  be 
entitled  to  receive  a  pension  as  follows :  In  case  such  person  has  reached 
the  age  of  sixty-two  years  and  served  ninety  days,  thirteen  dollars  per 
month ;  six  months,  thirteen  dollars  and  fifty  cents  per  month ;  one  year, 
fourteen  dollars  per  month ;  one  and  a  half  years,  fourteen  dollars  and 
fifty  cents  per  month ;  two  years,  fifteen  dollars  per  month ;  two  and  a 
half  years,  fifteen  dollars  and  fifty  cents  per  month;  three  years  or 


DOLLAR  A  DAY  ACT.  683 

over,  sixteen  dollars  per  month.  In  case  such  person  has  reached  the 
age  of  sixt3^-six  years  and  served  ninety  days,  fifteen  dollars  per  month ; 
six  months,  fifteen  dollars  and  fifty  cents  per  month ;  one  year,  sixteen 
dollars  per  month ;  one  and  a  half  years,  sixteen  dollars  and  fifty  cents 
per  month;  two  years,  seventeen  dollars  per  month;  two  and  a  half 
years,  eighteen  dollars  per  month ;  three  years  or  over,  nineteen  dollars 
per  month.  In  case  such  person  has  reached  the  age  of  seventy  years 
and  served  ninety  days,  eighteen  dollars  per  month;  six  months,  nine- 
teen dollars  per  month ;  one  year,  twenty  dollars  per  month ;  one  and  a 
half  years,  twenty-one  dollars  and  fifty  cents  per  month;  two  years, 
twenty-three  dollars  per  month;  two  and  a  half  years,  twenty-four 
dollars  per  month ;  three  years  or  over,  twenty-five  dollars  per  month. 
In  case  such  person  has  reached  the  age  of  seventy-five  years  and 
served  ninety  days,  twenty-one  dollars  per  month ;  six  months,  twenty- 
two  dollars  and  fifty  cents  per  month ;  one  year,  twenty-four  dollars 
per  month ;  one  and  a  half  years,  twenty-seven  dollars  per  month ;  two 
years  or  over,  thirty  dollars  per  month.  That  any  person  who  served 
in  the  military  or  naval  service  of  the  United  States  during  the  Civil 
"War  and  received  an  honorable  discharge,  and  who  was  wounded  in 
battle  or  in  line  of  duty  and  is  now  unfit  for  manual  labor  by  reason 
thereof,  or  who  from  disease  or  other  causes  incurred  in  line  of  duty 
resulting  in  his  disability  is  now  unable  to  perform  manual  labor,  shall 
be  paid  the  maximum  pension  under  this  act,  to  wit,  thirty  dollars  per 
month,  without  regard  to  length  of  service  or  age. 

For  Service  in  Mexican  War. — That  any  person  who  has  served  sixty 
days  or  more  in  the  military  or  naval  service  of  the  United  States  in 
the  War  with  Mexico  and  has  been  honorably  discharged  therefrom, 
shall,  upon  making  like  proof  of  such  service,  be  entitled  to  receive  a 
pension  of  thirty  dollars  per  month. 

Date  of  Commencement — Present  Pensioners  and  Applicants  En- 
titled— Double  Pensions  Prohibited — Restriction. — All  of  the  aforesaid 
pensions  shall  commence  from  the  date  of  filing  of  the  applications  in 
the  Bureau  of  Pensions  after  the  passage  and  approval  of  this  act : 
Provided,  that  pensioners  who  are  sixty-two  years  of  age  or  over,  and 
who  are  now  receiving  pensions  under  existing  laws,  or  whose  claims 
are  pending  in  the  Bureau  of  Pensions,  may,  by  application  to  the  Com- 
missioner of  Pensions,  in  such  form  as  he  may  prescribe,  receive  the 
benefits  of  this  act;  and  nothing  herein  contained  shall  prevent  any 
pensioner  or  person  entitled  to  a  pension  from  prosecuting  his  claim 
and  receiving  a  pension  under  any  other  general  or  special  act:  Pro- 
vided, that  no  person  shall  receive  a  pension  under  any  other  law  at 
the  same  time  or  for  the  same  period  that  he  is  receiving  a  pension 
under  the  provisions  of  this  act :  Provided  further,  that  no  person  who 
is  now  receiving  or  shall  hereafter  receive  a  greater  pension,  under  any 
other  general  or  special  law,  than  he  would  be  entitled  to  receive  under 
the  provisions  herein  shall  be  pensionable  under  this  act. 

§  2.  Rank  in  Service  not  Considered. — That  rank  in  the  service  shall 
not  be  considered  in  applications  filed  hereunder. 


684  HILLYER^S  LEGAL  MANUAL. 

§  3.  Agents  not  Entitled  to  Compensation,  Except. — That  no  pen- 
sion attorney,  claim  agent,  or  other  person  shall  be  entitled  to  receive 
any  compensation  for  services  rendered  in  presenting  any  claim  to  the 
Bureau  of  Pensions,  or  securing  any  pension,  under  this  act,  except  in 
applications  for  original  pension  by  persons  who  have  not  heretofore 
received  a  pension. 

§  4.  Provisions  Extended  to  Certain  Classes  of  Beneficiaries.— That 
the  benefits  of  this  act  shall  include  any  person  who  served  during  the 
late  Civil  War,  or  in  the  War  with  Mexico,  and  who  is  now  or  may 
hereafter  become  entitled  to  pension  under  the  acts  of  June  27,  1890, 
February  15,  1895,  and  the  joint  resolutions  of  July  1,  1902,  and 
June  28,  1906,  or  the  acts  of  January  29,  1887,  March  3,  1891,  and 
February  17,  1897. 

§  5.  Commissioner  to  Keep  Record  and  Furnish  Copies. — That  it 
shall  be  the  duty  of  the  Commissioner  of  Pensions,  as  each  applica- 
tion for  pension  under  this  act  is  adjudicated,  to  cause  to  be  kept  a 
record  showing  the  name  and  length  of  service  of  each  claimant,  the 
monthly  rate  of  payment  granted  to  or  received  by  him,  and  the  county 
and  State  of  his  residence ;  and  shall  at  the  end  of  the  fiscal  year  1914 
tabulate  the  record  so  obtained  by  States  and  counties,  and  shall  fur- 
nish certified  copies  thereof  upon  demand  and  the  payment  of  such 
fee  therefor  as  is  provided  by  law  for  certified  copies  of  records  in  the 
executive  departments. 
************ 

§  2.  Secretary  to  Group  Pensioners.* — That  the  Secretary  of  the  In- 
terior is  authorized  in  the  payment  of  pensions  to  arrange  the  pen- 
sioners in  three  groups  as  he  may  think  proper,  and  may  from  time 
to  time  change  any  pensioner  or  class  of  pensioners  from  one  group 
to  another  as  he  may  deem  convenient  for  the  transaction  of  the  public 
business. 

Dates  of  Payments. — The  pensioners  in  the  first  group  shall  be  paid 
their  quarterly  pensions  on  January  4th,  April  4th,  July  4th,  and  Octo- 
ber 4th  of  each  year;  the  pensioners  in  the  second  group  shall  be  paid 
their  quarterly  pensions  on  February  4th,  May  4th,  August  4th,  and 
November  4th  of  each  year;  the  pensioners  in  the  third  group  shall  be 
paid  their  quarterly  pensions  on  March  4th,  June  4th,  September  4th, 
and  December  4th  of  each  year. 

Fractional  Payments  Authorized. — The  Secretary  of  the  Interior  is 
authorized  to  cause  payments  of  pension  to  be  made  for  the  fractional 
parts  of  a  quarter  which  may  be  made  necessary  by  the  transfer  of  a 
pensioner  from  one  group  to  another. 

§  3.  Pensions  to  be  Paid  Without  Separate  Vouchers,  Except— 
Checks  to  be  Transmitted  by  Mail.— That  not  later  than  January  1, 
1913,  persons  shall  be  paid  by  checks  drawn,  under  the  direction  of  the 
Secretary  of  the  Interior,  in  such  form  as  to  protect  the  United  States 
against  loss,  without  separate  vouchers  or  receipts,  and  payable  by  the 

*Act  August  17,  1912. 


DOLLAR  A  DAY  ACT.  685 

proper  assistant  treasurer  or  designated  depositary,  except  in  the  case 
of  any  pensioner  in  which  the  law  authorizes  the  pension  to  be  paid  to 
some  person  other  than  the  pensioner,  or  in  which  the  Secretary  of  the 
Interior  may  consider  a  voucher  necessary  for  the  protection  of  the 
government.  Such  checks  shall  be  transmitted  by  mail  to  the  payee 
thereof  at  his  last  known  address. 

Delivery  of  Checks  Prohibited  in  Certain  Cases — Checks  to  be  Re- 
turned and  Canceled. — That  postmasters,  delivery  clerks,  letter  carriers, 
and  all  other  postal  employees  are  prohibited  from  delivering  any  such 
mail  to  any  person  whomsoever,  if  the  addressee  has  died  or  removed, 
or  in  the  case  of  a  widow  believ-ed  by  the  postal  employee  intrusted 
with  the  delivery  of  such  mail  to  have  remarried;  and  the  postmaster 
in  every  such  case  shall  forthwith  return  such  mail  with  a  statement  of 
the  reasons  for  so  doing,  and  if  because  of  death  or  remarriage,  the 
date  thereof,  if  known.  Checks  returned  as  herein  provided  on  account 
of  the  death  or  remarriage  of  the  pensioner  shall  be  canceled. 

§  4.  Forging  Indorsement,  Uttering,  etc. — Penalty. — That  whoever 
shall  forge  the  indorsement  of  the  person  to  whose  order  any  pension 
check  shall  be  drawn,  or  whoever  with  the  knowledge  that  such  in- 
dorsement is  forged  shall  utter  such  check,  or  whoever,  by  falsely 
personating  such  person,  shall  receive  from  any  person,  firm,  corpora- 
tion, or  officer  or  employee  of  the  United  States  the  whole  or  any  por- 
tion of  the  amount  represented  by  such  check,  shall  upon  conviction  be 
punished  by  a  fine  of  not  more  than  one  thousand  dollars  or  be  impris- 
oned not  more  than  five  years  or  both. 

§  6.    Payment  to  Inmates  of  National  Home  D.  V.  S.  not  Affected. — 

That  nothing  in  this  act  shall  be  construed  as  amending  or  repealing 
that  portion  of  the  sundry  civil  appropriation  act  for  the  fiscal  year 
1883  (Statutes  at  Large,  volume  22,  page  322)  concerning  the  payment 
of  pensions  due  inmates  of  the  National  Home  for  Disabled  Volunteer 
Soldiers. 

Secretary  of  War  and  Secretary  of  Navy  to  Issue  Certificates  of  Dis- 
charge, etc.,  in  True  Name — Exception. — That  the  Secretary  of  War 
and  the  Secretary  of  the  Navy  be,  and  they  are  hereby,  authorized  and 
required  to  issue  certificates  of  discharge  or  orders  of  acceptance  of 
resignation,  upon  application  and  proof  of  identity,  in  the  true  name 
of  such  persons  as  enlisted  or  served  under  assumed  names,  while 
minors  or  otherwise,  in  the  Army  or  Navy  during  any  war  between 
the  United  States  and  any  other  nation  or  people  and  were  honorably 
discharged  therefrom.  Applications  for  said  certificates  of  discharge 
or  amended  orders  of  resignation  may  be  made  by  or  on  behalf  of  per- 
sons entitled  to  them,  but  no  such  certificate  or  order  shall  be  issued 
where  a  name  was  assunied  to  cover  a  crime  or  to  avoid  its  conse- 
quence. 


686 

TABLES  OF  RATES. 

Table  I. — For  simple  total  {a  disability  equivalent  to  the  anchylosis  of  a 
wrist)  provided  by  section  4695,  Revised  Statutes,  United  States. 

ARMY. 

Per  month. 

Lieutenant-colonel  and  all  officers  of  higher  rank $30  00 

Major,  siirc:eon,  and  paymaster 25  00 

Captain,  provost-marshal,  and  chaplain 20  00 

First  lieutenant,  assistant  surgeon,  deputy  provost-marshal,  and 

quartermaster 17  00 

Second  lieutenant  and  enrolling  officer 15  00 

All  enlisted  men 8  00 

NAVY  AND  MARINE  CORPS. 

Captain,  and  all  officers  of  higher  rank,  commander,  lieutenant 
commanding,  and  master  commanding,  surgeon,  paymaster, 
and  chief  engineer  ranking  with  commander  by  law,  lieu- 
tenant-colonel, and  all  of  higher  rank  in  Marine  Corps 30  00 

Lieutenant,  passed  assistant  surgeon,  surgeon,  paymaster  and 
chief  engineer  ranking  with  lieutenant  by  law,  and  major 
in  Marine  Corps 25  00 

Master  (now  lieutenant),  professor  of  mathematics,  assistant  sur- 
geon, assistant  paymaster,  and  chaplain,  and  captain  in 
Marine  Corps 20  00 

First  lieutenant  in  Marine  Corps 17  00 

First  assistant  engineer,  ensign,  and  pilot,  and  second  lieutenant 

in  Marine  Corps 15  00 

Cadet  midshipmen,  passed  midshipmen,  midshipmen  (now  en- 
signs), clerks  of  admirals,  of  paymasters,  and  of  officers  com- 
manding vessels,  second  and  third  assistant  engineers, 
master's   mate,   and   warrant    officers 10  00 

All  enlisted  men,  except  warrant  officers 8  00 


PENSION  TABLES. 


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Table  III. — Rates  fixed  by  the  Commissioner  of  Pensions  for  certain 
disabilities  not  specified  by  law. 

Per  month. 

Anchylosis  of  shoulder $12  00 

Anchylosis  of  elbow 10  00 

Anchylosis  of  knee 10  00 

Anchylosis  of  ankle 8  00 

Anchylosis  of  wrist 8  00 

Loss  of  sight  of  one  eye 12  00 

Loss  of  one  eye 17  00 

Nearly  total  deafness  of  one  ear 6  00 

Total  deafness  of  one  ear 10  00 

Slight  deafness  of  both  ears 6  00 

Severe  deafness  of  one  ear  and  slight  of  the  other 10  00 

Nearly  total  deafness  of  one  ear  and  slight  of  the  other 15  00 

Total  deafness  of  one  ear  and  slight  of  the  other 20  00 

Severe  deafness  of  both  ears 22  00 

Total  deafness  of  one  ear  and  severe  of  the  other 25  00 

Deafness  of  both  ears  existing  in  a  degree  nearly  total 27  00 

Loss  of  palm  of  hand  and  all  the  fingers,  the  thumb  remaining.  .  17  00 

Loss  of  thumb,  index,  middle,  and  ring  fingers 17  00 

Loss  of  thumb,  index,  and  middle  fingers 16  00 

Loss  of  thumb  and  index  finger 12  00 

Loss  of  thumb  and  little  finger   10  00 

Loss  of  thumb,  index,  and  little  fingers 16  00 

Loss  of  thumb 8  00 

Loss  of  thumb  and  metacarpal  bone 12  00 

Loss  of  all  the  fingers,  thumb  and  palm  remaining 16  00 

Loss  of  index,  middle,  and  ring  fingers 16  00 

Loss  of  middle,  ring,  and  little  fingers  . 14  00 

Loss  of  index  and  middle  fingers 8  00 

Loss  of  little  and  middle  fingers 8  00 

Loss  of  little  and  ring  fingers 6  00 

Loss  of  ring  and  middle  fingers  6  00 

Loss  of  index  and  middle  fingers 6  00 

Loss  of  index  finger 4  00 

Loss  of  any  other  finger  without  complications 2  00 

Loss  of  all  the  toes  of  one  foot 10  00 

Loss  of  great,  second,  and  third  toes 8  00 

Loss  of  great  toe  and  metatarsal 8  00 

Loss  of  great  and  second  toes 8  00 

Loss  of  great  toe 6  00 

Loss  of  any  other  toe  and  metatarsal 6  00 

Loss  of  any  other  toe 2  00 

Chopart's  amputation  of  foot,  with  good  results 14  00 

Pirogoff 's  modification  of  Syme's 17  00 

Small  varicocele 2  00 

Well-marked  varicocele 4  00 

Inguinal  hernia,  which  passes  through  the  external  ring 10  00 


PENSION  TABLES.  689 

Per  month. 

Inguinal  hernia,  which  does  not  pass  through  the  external  ring.$  6  00 

Double  inguinal  hernia,  each  of  which  passes  through  the  ex- 
ternal ring 14  00 

Double  inguinal  hernia,  one  of  which  passes  through  the  ex- 
ternal ring  and  other  does  not 12  00 

Double  inguinal  hernia,  neither  of  which  passes  through  the  ex- 
ternal ring   8  00 

Femoral  hernia 10  00 

Section  4699,  Revised  Statutes,  provides  that  the  rate  of  $18  per 
month  may  be  proportionately  divided  for  any  degree  of  disability  es- 
tablished for  which  section  4695  makes  no  provision. 

The  act  of  August  27,  1888,  provides  a  $30  rate  for  total  deafness 
and  authorizes  the  Secretary  of  the  Interior  to  grant  such  proportion 
thereof  in  cases  of  partial  deafness  as  he  may  deem  equitable.  Act 
January  15,  1903,  increases  rate  for  total  deafness  to  $40.  Rates  on 
partial  degrees  not  affected. 

The  act  of  March  2,  1895,  provides  that  "all  pensioners  now  on  the 
rolls,  who  are  pensioned  at  less  than  six  dollars  per  month,  for  any 
degree  of  pensionable  disability,  shall  have  their  pensions  increased  to 
six  dollars  per  month ;  and  that,  hereafter,  whenever  any  applicant  for 
pension  would,  under  existing  rates,  be  entitled  to  less  than  six  dollars 
for  any  single  disability  or  several  combined  disabilities  such  pensioner 
shall  be  rated  at  not  less  than  six  dollars  per  month:  Provided,  also, 
that  the  provisions  hereof  shall  not  be  held  to  cover  any  pensionable 
period  prior  to  the  passage  of  this  act,  nor  authorize  a  rerating  of  any 
claim  for  any  part  of  such  period,  nor  prevent  the  allowance  of  lower 
rates  than  six  dollars  per  month,  according  to  the  existing  practice  in 
the  Pension  Office  in  pending  cases  covering  any  pensionable  period 
prior  to  the  passage  of  this  act." 

Table  IV. — Miscellaneous  rates. 

INVALID. 
Indian  wars :  Per  month. 

Acts  July  27,  1892,  June  27,  1902,  and  May  30,  1908. ...  $  8  00 
Mexican  War : 

Act  Jan.  27,  1887   8  00 

Acts  Jan.  5,  1893,  and  Apr.  23,  1900,  certain  survivors. .  12  00 

Act  Mar.  3,  1903,  all  survivors 12  00 

Act  Feb.  6,  1907— 

At  62  years 12  00 

At  70  years 15  00 

At  75  years  or  over 20  00 

Civil  War: 

Act  June  27,  1890,  in  its  original  form,  and  also  as 

amended  by  the  act  of  May  9,  1900 6  00-12  00 

44 


690 

Act  Feb.  6,  1907—  Per  month. 

At  62  years $12  00 

At  70  years 15  00 

At  75  years  or  over  20  00 

Army  nurses : 

Act  Aug.  5,  1892...- 12  00 

Navy  service  pensions: 

Sec.  4756,  R.  S.,  for  20  years'  service,  one-half  the  pay 

of  rating  at  discharge. 
Sec.  4757,  R.  S.,  for  10  years'  service,  not  to  exceed  the 
rate  for  total  disability. 

WIDOWS  AND  MINORS. 

Revolutionary  War: 

Act  Mar.     9,  1878,  widows  only $8  00 

Act  Mar.  19,  1886,  widows  only 12  00 

War  of  1812 : 

Act  Mar.     9,  1878,  widows  only 8  00 

Act  Mar.  19,  1886,  widows  only 12  00 

Indian  wars: 

Acts  July  27,  1892,  June  27,  1902,  and  May  30,  1908, 

widows  only $8  00 

Act  April  19,  ^908,  section  1,  widows  only 12  00 

Mexican  War: 

Act  Jan.  29,  1887,  widows  only 8  00 

Act  Apr.  19,  1908,  section  1,  widows  only 12  00 

Civil  War : 

Sec.  4702,  R.  S.,  widows  and  minors,  same  rates  as  in 
Table  I. 

Act  Mar.  19,  1886,  widows  and  minors 12  00 

Act  June  27,  1890,  in  its  original  form,  and  as  amended 

by  the  act  of  May  9,  1900 8  00 

Act  Apr.  19,  1908 12  00 

From  and  after  July  25,  1866,  a  widow  is  entitled,  under  the  provi- 
sions of  section  4703,  Revised  Statutes,  to  the  sum  of  $2  per  month 
additional  on  account  of  each  legitimate  minor  child  of  the  deceased 
soldier  or  sailor,  in  her  care  and  custody,  until  such  child  reaches  the 
age  of  16  years.  Where  the  widow  has  died,  remarried,  or  has  no  title, 
the  minor  children  under  16  years  of  age  succeed  to  the  widow's  rights. 
In  claims  under  the  act  of  June  27,  1890,  both  in  its  original  and 
amended  forms,  the  additional  pension  of  $2  per  month  is  granted.  In 
addition  provision  is  made  in  said  act  for  the  continuance  of  pension 
granted  to  an  insane,  idiotic,  or  otherwise  physically  or  mentally  help- 
less minor  child,  during  its  life  or  during  the  period  of  disability.  This 
proviso  is  applicable  to  minors'  claims  under  any  statute. 


PENSIONS — POSTAL  SERVICE.  691 

DEPENDENT  RELATIVES. 

Per  month.. 
Sec.  4707,  R.  S.,  in  its  original  form,  and  as  amended  by  sec- 
tion 1,  Act  June  27,  1890,  same  rates  as  in  Table  I. 
Act  Mar.  19,  1886 $12  00 

POSTAL  SERVICE. 

ORGANIZATION. 

Congress. — Congress  is  the  ruling  head  of  the  United  States  post- 
office.  It  defines  the  limits  of  what  can  and  cannot  be  done,  leaving 
to  the  Postoffice  Department  the  duty  of  formulating  regulations  and 
organizing  the  machinery  by  which  its  will  may  be  carried  out. 

Postmaster  General. — The  executive  head  of  the  postoffice  system  is 
the  Postmaster  General.  Assisting  him,  and,  under  him,  controlling 
the  different  branches  of  the  service,  are  the  four  Assistant  Postmasters 
General.  Advising  him  is  the  Assistant  United  States  Attorney  Gen- 
eral for  the  postoffice,  a  member  of  the  Department  of  Justice ;  and 
checking  his  accounts  is  the  Auditor  for  the  postoffice,  a  member  of 
the  Treasury  Department.  Attached  to  his  own  office  is  the  Chief  In- 
spector, through  whom,  and  the  Inspection  Division,  he  keeps  in  touch 
with  the  whole  fabric  of  the  system. 

Postoffice  Department. — These  offices  form  what  is  known  as  the 
Postoffice  Department  as  distinguished  from  the  postoffice  service  at 
large. 

First  Assistant  Postmaster  General. — The  First  Assistant  Postmaster 
General  handles  the  appointment  of  postmasters,  the  establishment  of 
new  offices,  the  establishment  and  control  of  free  delivery  (carrier 
delivery),  the  general  supervision  of  postoffice  employees,  their  appoint- 
ment and  separation  from  the  service,  their  pay-rolls  and  the  allow- 
ances for  expenditures  in  the  various  postoffices. 

Second  Assistant  Postmaster  General. — The  Second  Assistant  Post- 
master General  handles  the  Railway  Mail  Service  and  all  its  employees, 
the  relation  of  the  Department  to  all  modes  of  transportation,  and  the 
foreign  mails. 

Third  Assistant  Postmaster  General. — The  Third  Assistant  Post- 
master General  handles  the  finances,  the  stamps,  their  manufacture, 
sale  and  redemption,  the  money  order  system,  the  registry  system,  the 
postal  savings  system,  and  all  matters  of  classification,  including  the 
second-class  privilege  for  newspapers  and  the  use  of  the  permit  privi- 
lege, or  payment  of  postage  in  money,  for  third-class  matter,  and  par- 
cel post  packages. 

Fourth  Assistant  Postmaster  General. — The  Fourth  Assistant  Post- 
master General  handles  the  supplies  of  the  Department,  the  Dead  Letter 
Division,  the  rural  delivery  and  rural  carriers,  the  control  and  estab- 
lishment of  rural  routes,  and  the  control  and  establishment  of  star 
(mostly  stage)  routes. 


692  hillyer's  legal  manual. 

Assistant  Attorney  General. — The  Assistant  Attorney  General  for  the 
Postoffice  Department  handles  all  questions  involving  the  construction 
of  the  postal  laws  and  regulations,  questions  of  lotteries,  of  prohibitive 
and  unmailable  matter,  of  scurrilous,  obscene  or  defamatory  matter, 
and  of  the  delivery  of  mail  in  dispute. 

Chief  Clerk.— The  Chief  Clerk  of  the  Postoffice  Department  attached 
to  the  Postmaster  General's  office  handles  all  matters  of  general  in- 
formation. 

Auditor  and  Chief  Inspector. — The  Auditor  and  the  Chief  Inspector, 
except  in  special  cases,  deal  only  with  the  service. 

Publications. — The  Chief  Clerk  of  the  Postoffice  Department  also 
handles  the  distribution  of  such  publications,  maps  and  guides  as  the 
Postoffice  Department  issues  for  the  information  of  the  public.  These 
publications  include: 

Post  route  maps  of  the  different  states  containing  the  location  of  all 
postoffices  and  mail  routes,  with  such  other  information  as  is  appro- 
priate. 

The  Postal  Guide,  an  annual  publication  with  twelve  monthly  sup- 
plements, containing  lists  of  all  postoffices  and  general  information  re- 
garding the  service.  This  is  furnished  for  $3  a  year,  which  includes  the 
annual  guide  and  all  supplements.  The  annual  guide  alone  may  be 
purchased  for  twenty-five  cents. 

Parcel  Post  maps,  showing  the  different  units  of  area  and  zone  lines 
for  the  regular  postoffice  desired  (see  parcel  post  zone  system)  and  the 
Parcel  Post  Guide,  showing  the  unit  of  area  in  which  each  postoffice  is 
located.  General  information  regarding  the  parcel  post  system  is  also 
included.  Both  are  issued  for  seventy-five  cents,  the  map  alone  for 
forty  cents  and  the  guide  for  thirty-five  cents. 

Postoffices. — Postoffices  are  divided  into  first,  second,  third  and 
fourth  class  offices.  The  first,  second  and  third  classes  are  known  as 
Presidential  postoffices,  their  postmasters  being  appointed  by  the  Presi- 
dent, the  appointment  being  confirmed  by  the  United  States  Senate. 
Fourth-class  postmasters  are  appointed  by  the  Postmaster-General  with- 
out confirmation.  The  division  into  classes  is  determined  by  the 
receipts  of  the  office. 

Every  large  postoffice  is  divided  generally  into  a  division  of  finance, 
of  money  orders,  of  dispatch  of  mail,  of  delivery  of  mail,  and  of  regis- 
try of  mail,  with  an  executive  division  controlling  all.  Parcel  post  is 
included  in  the  dispatch  and  delivery.  The  postal  savings  system  is 
included  in  the  department  of  finance. 

When  large  enough,  postoffices  are  supplemented  by  stations  desig- 
nated as  regular  and  contract  stations.  A  regular  station  is  always 
designated  by  a  letter  or  a  name.  A  contract  station  is  designated  by 
a  number.  Regular  stations  are  equipped  to  transact  all  classes  of 
postoffice  business.  The  work  is  handled  by  regular  employees  of  the 
postoffice.     Contract  stations  are  handled  by  persons  not  regularly  em- 


POSTAL   SERVICE.  693 

ployed  by  the  Department,  who  are  under  special  contract  to  conduct 
the  station,  presumably  in  connection  with  their  other  business,  for  a 
fixed  sum  per  year.  Contract  stations  are  intended  to  be  a  convenience 
only.  They  handle  no  ordinary  mail  and  do  no  postal  savings  business. 
They  sell  stamps  (ordinary,  special  and  postal  savings),  register  mail, 
issue  money  orders,  and,  when  specially  designated,  do  a  parcel  post 
business.  Except  under  special  arrangement  they  do  no  foreign  money 
order  business. 

It  is  obvious  that  when  transacting  postoffice  business  of  any  par- 
ticular nature,  or  involving  any  special  knowledge  of  the  service,  pa- 
trons should  go  to  a  regular  station  or  to  the  main  office. 

Postoffices  may  be  established  wherever  the  Postmaster  General 
deems  expedient.  A  postoffice  will  not  be  established  in  a  bar-room  or 
in  any  room  directly  connected  therewith,  and  mail  must  not  be  opened 
or  delivered  in  any  room  in  which  liquor  is  sold  at  retail,  except  in  the 
case  of  a  drug-store  where  liquor  is  sold  for  medicinal  purposes  only. 

Postoffices  must  not  be  allowed  to  become  resorts  for  loungers  or 
disorderly  persons,  or  the  scenes  of  disputes  or  controversies.  When- 
ever necessary,  postmasters  are  instructed  to  call  on  the  civil  authori- 
ties to  preserve  order  and  if  this  call  be  disregarded  the  office  will  be 
closed.  Smoking  may  be  prohibited  in  the  lobbies.  In  large  post- 
offices  it  is  usually  the  custom  to  forbid  persons  to  watch  callers  at  the 
general  delivery  windows. 

Postmasters. — Postmasters  are  independent  of  each  other.  They  are 
advised  and  controlled  by  the  Postoffice  Inspector  in  charge  of  the  dis- 
trict and  the  Superintendent  of  the  Railway  Mail  Service  division  in 
which  they  are,  but  their  responsibility  lies  directly  to  the  Postoffice 
Department.  Postmasters  must  be  citizens  or  must  have  declared  their 
intention  to  become  citizens,  and  they  must  live  in  the  city  or  town  in 
which  their  office  is  located.  They  may  deliver  mail  arriving  after  9 
P.  M.,  but  they  are  not  obliged  to  do  so.  They  are  forbidden  to  give 
out  any  information  regarding  mail  or  addresses.  They  are  warned 
not  to  give  information  concerning  mail  matter  over  the  telephone 
unless  the  voice  be  recognized,  and  even  then  they  do  so  at  their  own 
risk.  They  are  forbidden  to  give  any  testimonial,  recommendation  or 
indorsement  and  they  are  not  allowed  to  try  mechanical  devices  sub- 
mitted for  experimental  purposes  by  persons  outside  the  service,  unless 
by  permission  of  the  Department.  They  are  responsible  for  their  offi- 
ces until  their  successors  have  been  installed.  Their  sureties  may  ex- 
amine their  accounts  but  must  not  examine  mail  or  addresses  in  their 
care. 

MAIL  MATTER. 

Mail. — The  first  business  of  the  postal  system  is  to  handle  mail. 
Mail  may  be  designated  generally  into  two  classes — domestic  and  for- 
eign. Each  branch  has  its  own  peculiar  regulations  but  there  are  some 
matters  that  are  common  to  both.  These  will  be  considered  first.  The 
special  regulations  for  each  will  be  taken  up  under  separate  headings 


694  hillyer's  legal  manual. 

under  the  designations  "Domestic"  and  ** Foreign."     The  parcel  post 
system  will  be  taken  up  by  itself. 

Inviolability  of  Seal. — No  postofifice  inspector,  postmaster,  or  any 
other  persons  connected  with  the  postal  service,  except  those  employed 
for  that  purpose  in  the  Division  of  Dead  Letters,  in  Washington,  D.  C, 
has  authority  to  break  the  seal  of  any  sealed  matter  passing  through 
the  mails. 

Preparation  of  Mail. — There  are  many  ways  in  which  mail  may  be 
prepared  for  posting  which,  without  adding  cost  or  trouble  to  the 
sender,  will  greatly  assist  the  postoffice  in  handling  the  mail,  and  con- 
sequently will  insure  for  it  a  quicker  dispatch. 

All  mail  should  be  legibly  addressed  to  street  and  number,  if  pos- 
sible, or  to  a  box  number,  and  to  postoffice  and  State.  All  mail  should 
bear  the  address  of  the  sender.  This  should  be  upon  the  front  of  the 
envelope,  preferably  in  the  upper  left-hand  corner,  and  a  request  to 
return  it  in  a  certain  number  of  days,  not  less  than  three,  in  case  it 
be  found  impossible  to  deliver  it.  It  takes  time  to  search  for  a  return 
card  on  the  back  of  an  envelope ;  also  it  is  often  overlooked. 

Advertising  matter  must  not  be  printed  upon  an  envelope  in  such  a 
manner  as  to  encroach  on  the  space  necessary  for  a  clear  and  legible 
postmark  or  address. 

Stamps  should  be  placed  on  the  upper  right-hand  corner  of  the  en- 
velope. To  place  them  elsewhere  means  that  they  will  not  be  canceled 
by  the  mechanical  canceling  machines  in  use  in  large  offices,  and  will 
cause  annoyance  to  the  clerks  and  delay  to  the  mail  by  making  it 
necessary  that  they  be  specially  canceled  by  hand. 

There  should  be  space  on  the  address  side  for  all  permissible  notations 
of  the  postoffice,  such  as  rating,  carriers'  notations  for  failure  to  de- 
liver, etc.,  and  any  words  necessary  for  forwarding  or  return. 

Newspapers  and  periodicals  must  be  wrapped  in  such  a  manner  that 
the  wrappers  can  be  removed  and  replaced  without  destroying  or  injur- 
ing their  inclosures. 

Third-class  matter  must  be  placed  either  under  band,  upon  a  roller, 
upon  boards,  in  a  case  open  at  one  side  or  end,  in  an  unsealed  envelope, 
or  wrapped  so  as  to  be  easily  examined ;  or  it  may  be  tied  with  a  string. 
Address  cards  and  all  printed  matter  in  the  form  of  an  unfolded  card 
may  be  mailed  without  band,  envelope,  fastening  or  fold.  When  matter 
is  so  w^rapped  as  to  prevent  examination  it  may  be  subject  to  the  first- 
class  rate. 

Stickers  bearing  a  resemblance  to  postage  stamps  in  their  ordinary 
form,  or  bearing  numerals,  are  forbidden  on  all  classes  of  matter,  either 
on  the  address  side  or  on  the  reverse  side.  Stickers  that  have  no  re- 
semblance to  stamps  and  do  not  bear  numerals  may  be  placed  upon 
the  back  or  reverse  side  of  mail  matter.  As  a  matter  of  fact  it  is  better 
not  to  use  stickers  at  all.  Many  foreign  countries  forbid  them  alto- 
gether. 

In  all  cases  directions  for  transmission,  delivery,  forwarding  or  re- 
turn shall  be  deemed  a  part  of  the  address. 


POSTAL   SERVICE.  695 

Upon  matter  of  the  third  class  the  sender  may  write  his  own  name, 
occupation,  residence,  or  business  address,  preceded  by  the  word 
*'From,"  and  may  make  marks  other  than  by  written  or  printed  words 
to  call  attention  to  any  word  or  passage  in  the  text,  and  may  correct 
any  typographical  errors. 

A  simple  manuscript  dedication  or  inscription  not  of  the  nature  of 
personal  correspondence  may  be  placed  upon  the  blank  leaves  or  cover 
of  a  book,  or  photograph,  or  printed  matter.  Also,  on  third  class  or 
parcel  post,  on  the  package,  wrapper  or  envelope,  or  on  the  tag  or 
label  attached  thereto,  there  may  be  placed  either  in  writing  or  other- 
wise the  words  ''Please  do  not  open  until  Christmas,"  or  words  to  that 
eftect. 

Post  mail  early;  three  or  four  times  a  day  at  least.  Put  a  return 
address  on  everything.  Keep  large  mailings  faced.  If  addressed  from 
mailing  lists,  tie  them  up  in  towns,  using  twine  or  rubber  bands,  or 
envelope  boxes.  If  made  up  from  the  register  of  voters,  tie  them  up 
in  precincts.  Bring  large  mailings  to  the  nearest  regular  station.  It 
delays  them,  and  other  mail,  to  crowd  them  into  street  letter  boxes. 

Do  not  use  too  much  moisture  in  sealing  envelopes  or  they  will  stick 
together,  and  will  be  missent.  A  large  percentage  of  the  cases  of  mis- 
sending  and  of  delay  are  due  to  the  fact  that  the  envelope  has  adhered 
to  another,  oozing  paste,  and  has  gone  to  the  address  on  the  upper 
envelope  before  being  separated. 

Use  standard  size  envelopes  unless  their  use  is  impossible. 

Window  Envelopes. — Mail  may  be  inclosed  in  window  envelopes 
when  they  conform  to  the  following  conditions :  The  window  shall  be 
not  larger  than  5I/2  inches  by  1%  inches,  and  must  not  occupy  any  space 
within  1%  inches  of  the  top  or  %  of  an  inch  from  the  bottom  or  ends ; 
the  windows  shall  not  be  colored  and  shall  be  made  or  located  so  as  to 
be  as  transparent  as  possible.  (These  two  provisions  will  be  effective 
January  1,  1914.)  Window  envelopes  must  bear  the  return  cards  of  the 
senders ;  a  complete  address  must  be  exposed,  and  the  address  must  be 
legible  or  the  envelopes  will  be  laid  aside  for  treatment  after  the  dis- 
position of  other  mail.  Should  the  address  not  be  legible  on  close  scru- 
tiny the  envelopes  will  be  returned  to  the  senders.  Nothing  but  the 
address  should  show  through  the  window. 

To  insure  legibility  in  the  address  the  inclosure  should  be  of  white 
paper  and  the  address  should  be  written  or  printed  in  black  ink  or 
typewritten  with  an  unfaded  ink  ribbon  so  there  will  be  a  strong  con- 
trast between  the  inclosure  and  the  address. 

Letters  Opened  by  Mistake. — A  letter  that  has  been  opened  inad- 
vertently or  upon  a  wrong  delivery  should  be  indorsed  ''Opened  by 
Mistake,"  with  the  name  of  the  one  so  opening  it.  Such  letters  may 
be  returned  to  the  writer  without  additional  charge  of  postage  when 
they  bear  a  card  or  return  request.  Postmasters  are  not  allowed  to 
open  letters  to  ascertain  the  name  and  address  of  the  writer. 

Unmailable  Matter. — Unmailable  matter  includes  all  matter  which  is 
by  law,  regulation  or  treaty  stipulation  prohibited  from  being  trans- 


696  HILLYER^S  LEGAL  MANUAL. 

mitted  in  the  mails,  or  by  reason  of  inelisfible,  incorrect  or  insufficient 
address,  it  is  found  impossible  to  forward  to  destination.  Unmailable 
matter  is  divided  into  the  following  classes: 

a.  Matter  which  is  insufficiently  prepared  to  entitle  it  to  be  dis- 
patched in  the  mails. 

b.  Matter  without  address  or  so  incorrectly,  insufficiently  or  ineli- 
gibly  addressed  that  it  cannot  be  transmitted  to  its  destination; 

c.  Matter  which  from  its  harmful  nature  is  forbidden  to  be  in  the 
mails.  Among  these  are  poisons,  explosives  or  inflammable  articles, 
vinous,  spirituous  and  malt  liquors ;  and  matter  liable  to  decomposition. 
(See  Parcel  Post — Unmailable). 

d.  Obscene  matter.  This  embraces  every  obscene,  lewd  or  lascivious, 
and  every  filthy  book,  pamphlet,  picture  or  paper,  writing,  print,  or 
other  publication  of  an  indecent  character;  every  article  or  thing  de- 
signed or  intended  for  the  prevention  of  conception  or  to  procure  an 
abortion;  every  article  or  thing  adapted  or  intended  for  any  indecent 
or  immoral  use;  every  written  or  printed  card,  circular,  book,  pam- 
phlet, advertisement  or  notice  of  any  kind  giving  information,  directly 
or  indirectly,  where,  how%  or  from  whom,  or  by  what  means  any  of  the 
hereinbefore  mentioned  matters,  articles  or  things  may  be  obtained  or 
made.  It  will  be  noted  that  this  matter  is  unmailable  whether  sealed 
or  exposed  to  view. 

e.  Every  letter  upon  the  outside  of  the  envelope  of  which,  or  postal 
card  upon  which,  or  any  outside  cover  or  wrapper  upon  which  indecent, 
lewd,  obscene  or  lascivious  delineations,  epithets,  terms  or  language, 
may  be  printed  or  written ;  or  upon  which  there  is  anything  written  or 
printed  of  an  obscene,  libelous,  insulting,  scurrilous,  defamatory  or 
threatening  character  or  calculated  by  the  terms  or  language  or  style 
of  display  and  obviously  intended  to  reflect  injuriously  upon  the  char- 
acter or  conduct  of  another.  It  will  be  noted  this  refers  only  to  such 
matter  as  is  unsealed  or  exposed  to  view. 

f.  Letters  and  circulars  known  to  be  concerning  lotteries,  so-called 
gift  concerts  or  similar  enterprises  offering  prizes,  or  concerning 
schemes  devised  or  intended  to  deceive  and  defraud  the  public  for  the 
purpose  of  obtaining  money  under  false  pretenses. 

g.  Publications  violating  copyrights  granted  by  the  United  States. 

h.  Postal  cards  or  letters  bearing  upon  their  outside  evidence  of 
being  a  request  for  a  past  due  account ;  otherwise,  dunning  letters  or 
cards.  Cards  calling  for  accounts  due  in  the  future,  such  as  statements, 
notices  of  dues  for  fraternal  orders,  etc.,  before  due  and  delinquent,  are 
permissible.  Card  notices  of  suit  containing  the  names  of  both  parties 
and  the  date  of  trial,  are  mailable. 

i.  Cards  bearing  particles  of  glass,  metal,  mica,  sand,  tinsel,  or  other 
similar  substances,  are  unmailable  except  when  inclosed  in  envelopes 
or  when  treated  in  such  manner  as  w^ill  prevent  the  objectionable  sub- 
stances from  being  rubbed  off  or  injuring  persons  handling  the  mails. 

This  applies  also  to  all  classes  of  mail  matter  as  well  as  to  post  cards. 


POSTAL   SERVICE.  697 

j.  Lotteries,  and  all  matter  pertaining  to  them,  are  prohibited.  This 
includes  newspapers  that  advertise  lotteries,  or  run  news  accounts  of 
lotteries,  or  lottery  drawings.  This  prohibition,  however,  has  so  far 
been  confined  only  to  newspapers  offered  for  transportation  through  the 
mails — the  mailing  editions.  The  postoffice  does  not  interfere  with  edi- 
tions that  are  sold  on  the  street,  delivered  by  carrier  or  transported  by 
means  other  than  the  mails. 

k.  Collection  agency  mail  bearing  any  evidence  of  its  character,  ex- 
cept a  single  return  card  of  the  regulation  size,  is  prohibited ;  and  even 
when  otherwise  not  objectionable,  if  the  envelope  be  of  lurid  or  con- 
spicuous color,  it  is  unmailable.  It  has  been  held  that  an  envelope 
bearing  an  eye  over  the  collection  agency's  return  card,  also  shackles 
and  chains,  and  the  representation  of  a  prison  cell,  is  unmailable.  Also 
the  Department  has  ruled  that  a  collection  agency's  return  card  must 
not  be  printed  on  an  envelope  in  a  manner  unnecessarily  conspicuous 
or  in  a  type  larger  than  ordinarily  used  for  a  return  request. 

Lotteries. — A  lottery  is  a  contest  or  an  opportunity  to  win  a  prize, 
the  prize  being  awarded  in  any  manner  in  which  chance  is  an  essential 
element,  or  in  which  there  is  any  uncertainty,  either  as  to  who  will 
win,  or  what  particular  prize  will  be  won  by  any  particular  contestant. 
This  includes  all  guessing  contests,  raffles  and  drawings  or  contests 
where  a  matter  of  judgment  may  supply  the  element  of  chance,  as  in 
limerick  or  poetry  contests. 

Card  parties,  where  prizes  are  awarded,  and  where  a  fee  for  entrance 
or  for  play  is  charged,  are  lotteries. 

Endless  chain  enterprises  designed  for  the  sale  or  disposition  of  mer- 
chandise or  other  things  of  value  are  held  to  embrace  the  elements  of 
a  lottery,  also  they  are  held  to  be  fraudulent.  It  has  also  been  held 
that  an  endless  chain  prayer,  containing  a  threat  of  retribution  should 
the  chain  be  broken  and  the  prayer  not  continued,  is  unmailable. 

Fraud  Orders. — Fraud  orders  are  issued  by  the  Postoffice  Department 
against  any  person  or  firm  using  the  mails  for  an  illegal  purpose.  Mail 
addressed  to  a  person  or  firm  against  whom  a  fraud  order  has  been 
issued  will  not  be  delivered.  It  will  be  returned  to  the  sender  marked 
"Fraudulent,"  or  in  default  of  a  return  address  it  will  be  sent  to  the 
Dead  Letter  Office  in  Washington,  D.  C. 

Money  orders  drawn  in  favor  of  such  persons  or  firms  will  not  be 
cashed  for  them.  Advertisements  of  persons  or  firms  against  whom  a 
fraud  order  has  been  issued  will  not  be  permitted  in  newspapers  car- 
ried through  the  mails. 

Rulings. — Postmasters  are  not  allowed  to  give  any  opinion  or  ruling 
as  to  the  mailability  of  any  matter  under  these  regulations.  Matters 
of  this  kind  must  be  taken  up  with  the  Postoffice  Department. 

Delivery  of  Mail. — The  aim  of  the  postal  service  is  to  deliver  mail, 
not  to  hold  it,  so  it  is  deemed  that  as  soon  as  a  letter  is  placed  in  the 
care  of  the  service  the  addressee  has  a  definite  right  to  have  it  deliv- 
ered to  him,  and  a  good  reason  must  be  assigned  before  delivery  to 


698 

him  or  his  accredited  representative  can  be  prevented.  Therefore, 
regulations  are  to  be  construed  with  a  view  to  facilitate  delivery  rather 
than  to  hamper  it. 

It  is  the  treneral  rule  that  the  responsibility  of  the  postoffice  ceases 
when  mail  is  delivered  as  addressed  or  at  the  place  of  usual  delivery. 

Regulations  Governing  Delivery. — In  general,  the  regulations  gov- 
erning delivery  are  as  follows: 

To  Individuals. — Mail  is  supposed  to  be  delivered  to  the  person  ad- 
dressed, or  to  someone  known  to  be  a  responsible  agent  for  him,  such 
as  a  relative,  a  known  servant,  someone  in  possession  of  his  residence 
or  place  of  business,  or  someone  bearing  his  written  order  or  evidence 
of  authority  to  act  for  him. 

In  Care. — Delivery  may  be  made  either  to  the  addressee  or  to  the 
one  in  whose  care  the  mail  is  addressed.  An  address  "in  care  of" 
does  not  of  itself  give  the  right  to  open  mail  by  the  one  in  whose  care 
it  is  addressed. 

To  Husband  and  Wife. — Neither  husband  nor  wife  can  control  de- 
livery of  mail  addressed  to  the  other.  When  so  instructed,  the  post- 
master must  refuse  to  deliver  letters  to  the  husband  which  are  addressed 
to  the  wife,  or  those  to  the  wife  which  are  addressed  to  the  husband. 
In  the  absence  of  instructions  to  the  contrary,  the  wife's  letters  may 
be  placed  in  the  husband's  box  or  delivered  to  him  with  his  own 
letters  unless  they  be  known  to  live  separately. 

To  Minors. — Where  minor  children  reside  with  their  parents,  the 
father,  or  if  he  be  dead,  the  mother  generally  is  entitled  to  direct  the 
disposition  of  mail  matter  addressed  to  such  minors,  and  unless  the 
minors  be  under  guardianship,  may  authorize  another  to  receive  mail 
matter  addressed  to  them,  although  they  be  not  residing  with  the 
parent ;  and  postmasters  will  deliver  mail  accordingly,  requiring  direc- 
tions in  writing  if  deemed  necessary.  In  the  absence  of  directions 
from  the  parent  or  guardian,  or  one  authorized  to  control  a  minor,  mail 
matter  may  be  delivered  to  such  minor.  When  a  minor  is  not  depend- 
ent upon  a  parent  for  maintenance  and  support,  and  does  not  reside 
with  a  parent  or  guardian,  he  has  the  right  to  control  his  own  corre- 
spondence. 

To  Students. — At  colleges  and  similar  institutions  where  students 
have  been  placed  in  charge  of  the  principal  by  their  parents  or  guard- 
ians, and  where  the  rules  of  the  institution  provide  that  the  principal 
shall  have  control  of  mail  addressed  to  such  students  as  are  minors, 
delivery  will  be  made  in  accordance  with  the  order  of  the  principal. 
If,  however,  the  principal  has  no  authority  from  the  parent  or  guardian 
to  control  mail  of  the  children  placed  under  his  care  (which  authority 
is  understood  by  an  acceptance  of  the  rules,  that  being  one),  the  deliv- 
ery must  not  be  made  to  the  principal  against  the  wishes  of  the  scholar. 

For  Deceased  Persons. — Mail  addressed  to  a  deceased  person  must  be 
delivered  to  his  legal  representative.     In  default  of  such,  delivery  may 


POSTAL   SERVICE.  699 

be  made  to  a  surviving  husband  or  wife  unless  there  be  other  claim- 
ants, in  which  case  the  matter  must  be  referred  to  the  Department. 
Mail  addressed  to  a  deceased  minor  may  be  delivered  to  the  parent  or 
guardian,  or  if  there  be  such,  to  the  surviving  husband  or  wife. 

In  Apartment  Houses.— Mail  will  be  delivered  to  private  mailing 
boxes  in  an  apartment  house,  or  to  some  responsible  person  on  the 
lower  floor,  who  will  accept  and  care  for  all  mail  coming  to  the  house. 
It  will  not  be  delivered  above  the  first  floor. 

In  Hotels. — Mail  is  considered  properly  delivered  when  left  at  the 
hotel  office. 

In  Dispute. — When  mail  is  claimed  by  more  than  one  addressee,  it  is 
*'in  dispute."  The  postmaster  will  then  refuse  to  deliver  such  mail 
to  anyone,  but  will  hold  the  mail  pending  the  appointment  of  a  disin- 
terested party  by  the  disputants,  to  whom  the  mail  can  be  delivered 
and  w^ho  will  turn  it  over  to  the  proper  party.  In  default  of  the  ap- 
pointment of  such  disinterested  party  within  thirty  days,  he  shall  mark 
*'In  dispute"  all  mail  received  for  the  disputed  address,  such  mail  as 
bears  a  return  address  being  returned  to  the  senders,  and  the  remainder 
being  sent  to  the  Dead  Letter  Office.  Also,  a  statement  of  the  case  will 
be  submitted  to  the  Postoffice  Department  for  decision,  or  the  post- 
master will  await  the  decision  or  order  of  a  court. 

As  Addressed. — In  all  cases  of  dispute  or  similarity  of  name,  where 
more  than  one  address  is  involved,  the  address  shall  govern,  and  mail 
shall  be  delivered  at  the  street  number  to  which  it  is  addressed.  Thus 
mail  in  dispute,  addressed  to  a  certain  firm  indefinitely,  that  is,  not  to 
street  and  number,  shall  not  be  delivered  except  as  set  forth,  but  when 
each  disputant  shall  establish  a  street  address  of  his  own,  mail  ad- 
dressed to  such  street  address  is  presumed  to  have  been  intentionally 
so  addressed,  and  will  be  delivered  to  the  street  address  it  bears. 

To  Business  Firms. — Mail  for  a  business  firm  may  be  delivered  at  the 
office  of  the  firm  or  to  anyone  apparently  in  charge.  It  may  be  deliv- 
ered to  any  officer  of  a  corporation,  or  to  any  partner  in  a  copartner- 
ship. Its  delivery  may  be  controlled  by  any  officer  of  a  corporation, 
entitled  to  use  the  seal,  generally  the  president  or  secretary,  or  both, 
or  by  any  member  of  a  copartnership. 

By  Title. — When  addressed  to  "President,"  ''Secretary,"  ''Superin- 
tendent," etc.,  it  will  be  delivered  to  the  person  holding  that  office  at 
the  usual  place  of  delivery,  regardless  of  the  name  of  the  person  ad- 
dressed. 

To  Agents. — Mail  addressed  to  persons  as  agent  will  be  delivered  to 
the  person  holding  such  position  when  the  agency  is  of  some  public 
matter  or  of  the  business  of  some  corporation,  but  not  when  the  agency 
is  merely  of  an  individual  or  firm. 

Priority  of  Name. — In  case  two  firms  of  the  same  or  similar  names, 
claim  mail  addressed  by  name  only,  it  shall  be  delivered  to  the  one 
longest  using  the  name  in  question. 


700  hillyer's  legal  manual. 

To  Receivers  or  Assignees. — Mail  will  be  delivered  to  the  assignee  or 
receiver  of  a  firm,  corporation  or  individual  when  the  instrument  of 
assignment  authorizes  such  delivery,  and  a  copy  is  filed  with  the  post- 
master; or  when  the  order  of  court  appointing  such  receiver  directs  him 
to  receive  it ;  or  when  the  assignor  consents  that  he  shall  receive  it ;  or 
when  the  assignor  has  not  resumed  business  under  the  same  name,  so 
that  he  may  have  correspondence  not  relating  to  business  or  property 
under  assignment;  or  when  the  receiver  has  been  appointed  to  take 
charge  of,  continue,  or  wind  up  the  business  of  an  existing  corporation. 
Mail  matter  addressed  to  a  firm  or  person  under  assignment  shall  be 
delivered  to  the  assignor  when  it  reasonably  appears  that  the  matter 
does  not  relate  to  the  business  assigned ;  or  when  the  assignor  has  not 
consented  to  the  delivery  to  the  assignee ;  or  when  the  order  of  court 
directs  that  it  shall  be  delivered  to  the  assignor. 

On  Agreement. — When  parties  interested  in  mail  matter  agree  as  to 
its  delivery,  and  instruct  the  postmaster  as  to  whom  he  shall  deliver 
it,  he  will  deliver  accordingly  until  his  instructions  have  been  changed 
by  mutual  consent  of  the  parties,  or  until  instructed  to  do  so  by  order 
of  court. 

Under  Sale. — Where  a  business  is  sold,  delivery  of  mail  will  be  made 
according  to  the  agreement  entered  into  by  the  parties.  In  default  of 
such  agreement,  the  postmaster  will  make  delivery  according  to  the 
directions  of  the  vendor,  or  the  plain  provisions  of  the  contract  of  sale, 
but  he  must  not  construe  contracts  or  determine  rights.  In  the  absence 
of  directions  by  the  vendor,  or  any  provisions  in  the  contract  of  sale, 
delivery  will  be  made  to  the  addressee.  The  authority  of  the  vendee 
to  receive  mail  is  not  revocable  by  the  vendor  if  there  be  a  right  to  the 
mail  in  the  vendee. 

On  Order. — Any  number  of  persons  may  employ  an  agent  and  give 
him  a  written  order  on  the  postmaster  for  their  mail.  Mail  for  such 
parties  and  mail  addressed  in  care  of  such  parties  will  be  delivered  to 
the  agent  named,  responsibility  of  the  postmaster  ceasing  on  such 
delivery. 

Under  Suit. — Where  mail  is  the  subject  of  suit,  the  postmaster  will 
deliver  it  according  to  the  decree  of  the  court. 

To  Fictitious  Addresses. — Mail  addressed  to  fictitious-  persons  or 
firms,  to  initials  or  to  no  particular  person  or  firm,  unless  directed  to  be 
delivered  at  a  designated  place  as  a  postoffice  box,  street  and  number, 
or  to  the  care  of  a  certain  person  or  firm  within  the  delivery  of  the 
postoffice  cannot  be  delivered.  Whenever  a  postmaster  has  reason  to 
believe  that  a  street  or  number,  designated  place,  box  or  address  in  care 
of  another,  is  being  used  by  anyone  for  conducting  under  a  fictitious 
address,  correspondence  forbidden  circulation  in  the  mails,  he  must  at 
once  report  it  to  the  Postoffice  Department. 

A  person  engaged  in  a  legitimate  business  may  adopt  a  business  name 
and  when  duly  identified  may  receive  his  mail,  registered  or  ordinary, 
by  that  name  as  well  as  by  his  proper  name. 


POSTAL   SERVICE.  701 

To  Diseased  and  Infected  Houses. — Mail  matter  addressed  to  houses 
containing  cases  of  contagious  diseases  may  be  sent  to  the  addressees  by 
the  hands  of  some  responsible  person  known  to  the  postmaster.  He 
will  refuse  to  receive  mail  from  such  houses. 

Sunday  Delivery. — By  act  of  Congress  postoffices  are  closed  on  Sun- 
day except  for  special  delivery  mail  and  mail  for  hotels,  newspapers 
and  newspapers  for  news  agents.  Also,  under  certain  circumstances 
the  general  public  may  get  mail  by  making  application  therefor. 

In  making  this  application,  the  postoffice  of  origin  must  be  given  and 
the  letter  described  as  closely  as  possible  so  that  it  can  be  found  in  the 
mails  with  the  least  possible  expenditure  of  time.  The  application  for 
Sunday  mail  must  be  accompanied  by  a  special  delivery  stamp  for  each 
piece  of  mail  desired.  This  stamp  will  be  affixed  to  the  piece  of  mail 
and  it  will  be  delivered  by  special  delivery  messenger  as  addressed  or 
to  any  address  that  may  be  given  for  delivery  in  the  request  for  Sunday 
mail.  These  requests  for  Sunday  mail  must  be  indorsed  ''Application 
for  Sunday  mail"  so  that  they  may  be  readily  found  in  the  mail  for 
the  postmaster  and  may  not  lie  over  until  the  following  Monday  if  his 
office  be  closed  on  Sunday.  Also,  they  should  be  in  the  postoffice  early 
Saturday  evening  in  order  to  give  the  clerks  ample  time  in  which  to 
locate  the  mail  and  prepare  it  for  delivery.  This  applies  to  box  hold- 
ers and  general  delivery  patrons  as  well  as  to  patrons  served  by  carrier. 

Debtors'  Mail. — A  postmaster  has  no  right  to  withhold  the  delivery 
of  mail  on  the  ground  that  the  addressee  is  indebted  to  him. 

Prisoners'  Mail. — A  letter  addressed  to  a  person  imprisoned  to  await 
trial  upon  indictment  or  pending  indictment  should  be  delivered  in 
accordance  with  the  order  of  the  person  addressed.  In  the  absence  of 
an  order  the  mail  may  be  delivered  to  the  sheriff  or  officer  having 
charge  of  the  prisoner. 

To  Several  Persons. — Mail  matter  addressed  to  several  persons  may 
be  delivered  to  any  one  of  them. 

Methods  of  Delivery.^— There  are  five  ways  in  which  the  Postoffice 
Department  effects  delivery  of  mail.  These  are :  Free  delivery  (by  city 
carriers)  ;  special  delivery  (by  special  messengers)  ;  general  delivery, 
box  delivery,  and  delivery  on  rural  routes  by  rural  carriers. 

Free  Delivery. — ^Free  delivery  is  the  term  applied  by  the  Department 
to  the  delivery  of  mail  by  city  carriers.  Under  the  regulations,  letter 
carriers  shall  be  employed  at  every  incorporated  city  containing  a 
population  of  50,000,  and  they  may  be  employed  at  other  cities  or  to\vns 
containing  a  population  of  not  less  than  10,000,  or  at  any  postoffice 
which  produced  a  gross  revenue  for  the  preceding  fiscal  year  of  not 
less  than  $10,000. 

Applications  for  the  establishment  of  free  delivery  should  be  ad- 
dressed to  the  First  Assistant  Postmaster  General.  They  should  give 
the  population  of  the  city  according  to  the  last  United  States  census, 
and  the  gross  revenue  of  the  office  for  the  preceding  fiscal  year.  It  is 
also  required  that  the  streets  upon  which  the  carriers  will  be  employed 


702  HILr.YER's  LEGAL   MANUAL. 

shall  be  graded  and  lighted,  that  there  shall  be  good  sidewalks;  that 
the  houses  shall  be  numbered  and  the  names  of  the  streets  posted  up, 
and  that  mail  receptacles  shall  be  provided,  or  slots  shall  be  cut  in  the 
doors,  so  that  delivery  may  not  be  delayed. 

Letter-carriers. — Carriers  are  assigned  to  definite  routes  and  fixed 
schedules.  They  may  not  deviate  from  either.  Their  hours  of  work 
are  limited  to  eight,  and  these  eight  must  be  completed  within  ten 
hours  from  the  time  they  report  for  duty.  They  are  forbidden  to  loiter 
or  lose  time  on  their  routes,  to  enter  houses,  except  places  of  business 
and  then  they  may  go  only  a  reasonable  distance  from  the  entrance,  and 
must  not  go  above  the  street  floor.  They  are  not  allowed  to  give  in- 
formation about  mail  or  addresses.  They  are  responsible  for  the  exer- 
cise of  all  due  and  reasonable  care  in  the  delivery  of  their  mail,  and 
they  are  expected  to  use  discretion  in  the  case  of  evident  mistakes. 
They  may  purchase  stamps  and  register  mail  for  patrons  on  their  routes 
when  to  do  so  will  not  unduly  delay  them  or  interfere  with  the  service 
on  their  districts. 

They  are  not  compelled  to  enter  where  vicious  dogs  are  kept,  or 
where  there  is  contagious  disease.  They  are  expected  to  be  civil, 
prompt,  courteous  and  obliging  at  all  times.  The  service  will  protect 
them  from  insult  and  assault  by  statutes  that  provide  a  fine  and  im- 
prisonment for  the  offender.  They  are  not  allowed  to  put  mail  under 
a  door  unless  written  instructions  have  been  given  to  that  effect.  They 
are  not  allowed  to  deliver  mail  to  patrons  when  meeting  them  on  their 
routes.  They  are  supposed  to  deliver  all  mail  at  a  known  place  of 
business  or  residence.  Unless  there  is  a  private  mailing  box  or  a  slot 
in  the  door,  or  written  orders  have  been  given  to  slip  mail  under  the 
door,  and  this  is  possible,  a  carrier  on  finding  a  place  closed  will  return 
all  the  mail  for  that  address  to  his  station  and  take  it  out  again  on  a 
subsequent  trip.  If  in  doubt,  he  will  insist  on  proper  identification 
before  delivering  mail.  A  definite  address  will  generally  govern  his 
delivery  of  mail,  but  need  not  do  so  if  he  has  reason  to  suspect  error. 

Special  Delivery. — Special  delivery  is  furnished  at  all  offices  and  will 
insure  the  delivery  of  mail  immediately  upon  its  receipt.  At  offices  not 
free  delivery  offices,  special  delivery  will  be  made  at  any  point  within 
a  mile  of  the  postoffice.  At  free  delivery  offices  special  delivery  service 
will  be  given  to  any  point  within  the  delivery  of  the  office. 

By  regulation  the  hours  of  special  delivery  are  set  at  from  7  A,  M. 
to  11  P,  M.,  11  P.  M.  being  the  closing  time  of  the  special  delivery  office 
and  not  of  the  special  delivery  of  letters.  All  letters  arriving  before 
11  P.  M,  will  be  delivered  that  night.  Special  delivery  service  is  given 
for  a  fee  of  ten  cents  in  stamps,  either  the  special  delivery  special  stamp 
or  ordinary  stamps,  these  in  addition  to  the  necessary  postage  on  the 
mail.  Should  ordinary  stamps  be  affixed  to  the  mail  matter  it  is  neces- 
sary to  indorse  it  ''Special  Delivery";  otherwise  the  extra  fee  will  be 
taken  as  an  intention  to  register  the  piece  and  it  will  be  registered. 

The  fee  for  special  delivery  gives  the  piece  but  one  attempt  at  such 
delivery.     If  for  any  reason  the  attempt  at  special  delivery  fails,  the 


POSTAL   SERVICE,  703 

piece  will  be  placed  in  the  ordinary  mail  and  be  delivered  by  carrier 
or  general  delivery,  as  the  case  may  be,  as  soon  as  possible. 

Special  delivery  mail  forwarded  before  special  delivery  treatment  has 
been  given  it,  will  be  delivered  by  special  delivery  at  the  office  to  which 
it  has  been  forwarded.  If  given  special  delivery  at  the  office  of  address 
it  will  not  be  given  special  delivery  treatment  elsewhere.  The  signa- 
ture of  the  addressee  or  his  agent  or  some  responsible  person  who  will 
deliver  it  to  him  is  a  necessary  part  of  the  delivery  of  special  delivery 
mail.     (See  Sunday  Delivery.) 

Box  Delivery. — The  use  of  a  box  is  restricted  to  the  renter  thereof 
and  those  connected  with  him  in  a  family  or  business  way. 

Mail  addressed  to  members  of  the  household  of  a  box-holder,  includ- 
ing visitors,  servants,  and  transient  and  temporary  boarders,  or  in  his 
care,  and  mail  for  confidential  or  official  employees  may  be  placed  in 
his  box. 

A  firm  renting  a  box  may  have  placed  therein  all  mail  addressed  to  its 
name  and  mail  addressed  to  any  of  its  official  employees.  By  the  con- 
sent of  all  the  members  of  a  firm,  any  member  thereof  may  have  mail 
addressed  to  himself  or  members  of  his  family  deposited  in  the  box 
assigned  to  its  use. 

Where  a  box  is  rented  by  a  corporation,  association,  or  society,  mail 
for  its  officials. may  be  placed  therein. 

Mail  matter  addressed  to  students  and  employees  at  a  college,  semi- 
nary, or  school,  who  board  therein,  or  to  inmates  or  employees  of  any 
public  institution,  may  be  placed  in  the  box  rented  by  such  college, 
school,  or  institution,  if  consistent  with  the  usage  and  rules  thereof. 

Mail  addressed  to  guests  or  transient  boarders  at  a  hotel  or  board- 
ing house,  should  be  placed  in  the  box  assigned  to  such  hotel  or  house, 
or  to  the  proprietor  thereof. 

Mail  addressed  to  merely  the  number  of  a  box  may  be  delivered  to 
the  holder  thereof  so  long  as  no  improper  or  unlawful  business  is  con- 
ducted in  this  manner. 

Bills  and  circulars  must  not  be  placed  in  boxes  by  postmasters  for 
themselves  personally,  or  anyone  else,  without  payment  of  regular 
postage  thereon. 

Postmasters  may  hand  out  mail  from  lock  boxes  or  drawers  where  the 
holder  or  such  person  as  ma}^  be  authorized  to  take  the  mail  has  for- 
gotten the  key  or  cannot  open  the  box  and  when  such  applicant  is 
known  or  can  be  identified. 

Postmasters  will  keep  careful  scrutiny  over  the  list  of  box-holders  in 
order  that  a  box  be  not  used  for  an  unlawful  purpose.  A  postmaster 
will  require  identification  of  an  applicant  for  a  box  and  will  make  care- 
ful inquiry  as  to  the  nature  of  his  business. 

The  locks  on  all  boxes  surrendered,  when  locks  are  used,  are  changed 
before  the  boxes  are  rented  again  in  order  that  the  new  box-holder 
may  be  protected  from  the  use  of  any  keys  the  former  box-holder  may 
have  retained  in  his  possession. 


704  hillyer's  legal  manual. 

General  Delivery. — General  delivery  is  the  most  uncertain  method  of 
delivering  mail  and,  in  a  free  delivery  office,  should  not  be  resorted  to 
except  under  the  most  exceptional  circumstances. 

When  callers  are  not  known  they  must  be  prepared  to  identify  them- 
selves. 

Rural  Routes. — Rural  routes  are  established  on  petition  of  those  pa- 
trons living  along  or  near  the  roads  over  which  it  is  desired  the  route 
shall  operate.  A  route  of  twenty-four  miles  or  more  should  have  one 
hundred  families  upon  it,  and  one  of  a  shorter  length  should  have  a 
proportionate  number  of  deliveries.  The  road  over  which  the  route  is 
to  be  established  must  be  in  good  condition,  free  from  gates  (except 
automatic  gates)  and  must  be  bridged  over  every  stream  not  fordable 
at  all  ordinary  seasons.  Service  will  generally  be  performed  daily  ex- 
cept Sundays,  but  may  be  reduced  to  a  tri-weekly  service  when  the 
number  of  patrons  or  a  decrease  in  the  amount  of  mail  handled  makes 
such  reduction  advisable.  All  routes  must  start  from  a  postoffice. 
Persons  living  within  a  quarter  of  a  mile  of  a  postoffice  from  which  a 
route  starts  will  not  be  given  service  on  the  route  unless  by  specific 
instructions  from  the  Department.  When  such  postoffice  is  an  incorpo- 
rated city  or  town  rural  delivery  will  not  be  established  within  the 
limits  of  that  town.  Persons  residing  within  the  corporate  limits  of  a 
city  where  free  delivery  is  in  operation  may  be  served  by  rural  carrier. 

All  persons  served  by  rural  carriers  must  place  boxes  of  an  approved 
design — weatherproof  and  properly  safeguarded  against  depredations. 
Rural  delivery  is  governed  by  the  same  rules  as  govern  other  deliveries. 

Undelivered  Mail. — Mail  matter  found  undelivered  at  the  address  on 
the  envelope  is  placed  in  the  general  delivery  and  held  there  a  certain 
length  of  time  awaiting  possible  request  for  it.  At  the  end  of  that 
time  first-class  mail  is  advertised,  a  fee  of  one  cent  being  charged  for 
such  advertisement  upon  delivery  of  the  mail.  Lists  of  advertised 
letters  are  kept  on  view  at  all  postoffices.  First-class  mail  remaining 
undelivered  after  advertisement  is  sent  to  the  Dead  Letter  Office  at 
Washington,  D.  C,  where  it  is  opened  and  if  the  contents  furnishes  in- 
formation as  to  the  address  of  the  sender  it  is  forwarded  to  him  for 
delivery.  Undelivered  matter  of  the  second  class  is  destroyed  or  under 
a  recent  ruling  of  the  Postoffice  Department,  in  the  case  of  magazines 
or  newspapers  of  general  interest,  it  may  be  given  to  charitable  institu- 
tions, hospitals,  etc.,  the  publisher  being  notified  that  the  address  to 
which  it  is  coming  is  an  undeliverable  one. 

Undelivered  mail  matter  of  the  third  class,  unless  of  obvious  value,  is 
destroyed.  If  of  obvious  value  and  it  bears  the  address  of  the  sender, 
or  even  if  not  of  obvious  value  and  it  bears  the  address  of  the  sender 
with  a  guarantee  to  pay  return  postage,  the  sender  will  be  notified  that 
it  is  being  held  and  it  will  be  handled  according  to  his  order. 

Return  of  Mail  to  Sender. — Undelivered  matter  of  the  first  class  (ex- 
cept single  postal  cards  and  post  cards)  bearing  the  name  and  address 
of  the  sender  without  a  return  request  specifying  the  number  of  days, 


POSTAL   SERVICE.  705 

will  not  be  advertised  but  will  be  returned  to  the  sender  at  the  expira- 
tion of  five  days  if  intended  for  delivery  by  city  or  rural  carrier,  ten 
days  if  intended  for  general  delivery  service  at  an  office  having  city 
carrier  service,  fifteen  days  from  offices  not  having  city  carrier  service 
unless  intended  for  delivery  by  rural  carrier. 

If  the  mail  bears  a  stated  number  of  days  in  which  the  sender  desires 
return  (not  less  than  three  days  being  allowed),  the  mail  will  be  re- 
turned at  the  expiration  of  that  time. 

Unpaid,  misdirected,  unmailable  and  unclaimed  domestic  postal  cards 
and  post  cards,  deposited  for  local  delivery,  shall  be  returned  to  the 
sender  when  they  bear  his  card  address.  All  other  undeliverable 
domestic  cards  shall  be  held  for  reclamation  two  weeks  and  then,  if 
not  delivered,  shall  be  destroyed. 

Undeliverable  postal  cards  and  post  cards  of  foreign  origin  shall  be 
sent  to  the  Dead  Letter  Office. 

Undeliverable  matter  of  the  second  and  third  classes  may  be  returned, 
but  only  after  the  postage  for  such  return  shall  have  been  paid.  The 
rate  of  postage  for  the  return  of  third-class  matter  is  the  same  as  that 
chargeable  when  it  was  first  mailed.  For  second-class  matter,  it  is  one 
cent  for  every  four  ounces  or  fraction  thereof. 

An  unclaimed  letter  bearing  the  card  of  a  hotel,  school,  or  college,  or 
other  public  institution  printed  upon  the  envelope  as  an  advertisement, 
will  not  be  returned  unless  the  card  include  a  definite  printed  or  writ- 
ten request  for  a  return. 

Backstamping. — Backstamping  to  show  the  time  of  receipt  of  mail 
for  delivery  has  been  discontinued.  It  has  been  found  that  the  time 
consumed  in  such  work  is  not  compensated  by  the  benefits  accruing. 

Collection  of  Mail. — The  collection  of  mail  is  made  from  street  boxes 
and  from  chute  boxes  in  large  buildings.  It  is  governed  by  regulations 
that  aim  to  cut  down  as  low  as  possible  the  interval  of  time  between  the 
collection  of  the  boxes  and  the  deposit  of  the  collection  in  the  dispatch- 
ing office.  The  collector,  therefore,  is  not  allowed  to  loiter,  lose  time, 
or  deviate  from  his  route  or  schedule. 

Collectors  may  accept  mail  for  dispatch  handed  to  them  in  the  street 
if  it  does  not  overload  or  delay  them.  They  are  forbidden  to  give  any 
information  regarding  the  mail  which  they  collect,  and  are  not  allowed 
to  give  back  to  any  one  mail  claimed  to  have  been  wrongly  posted  or 
addressed.  They  may  inform  an  inquirer  what  time  the  mail  from  a 
particular  box  will  reach  the  dispatching  office,  and  may  receive  such  a 
description  of  wrongly  posted  or  misaddressed  mail  as  will  enable  them 
to  identify  the  mail  at  the  dispatching  office,  should  they  take  it  in 
themselves,  and  so  be  able  to  hand  it  to  some  one  in  charge  with  the 
.  least  delay.     They  may  not  go  further  than  this. 

Mail  Boxes. — Mail  boxes  are  for  the  use  of  the  public  generally. 
They  are  not  supposed  to  be  used  by  any  single  person  or  firm  to  the 
■exclusion  of  others.  Large  mailings  must,  therefore,  be  distributed 
among  several  boxes,  or  must  be  taken  to  the  nearest  regular  station. 

45 


706  hillyer's  legal  manual. 

Mail  boxes  are  placed  wherever  necessary,  but  with  a  due  regard  for 
the  service  in  the  vicinity  and  at  large,  and  for  the  facility  of  collec- 
tion. A  postmaster  will  not  place  a  box  in  such  a  location  as  will  cause 
unwarranted  delay  to  the  remainder  of  the  collection  route.  Mail 
placed  outside  of  a  mail  box  is  not  in  the  care  of  the  postoffice  and  the 
postmaster  is  not  responsible  for  it.  Such  mail  should  be  brought  to 
the  nearest  regular  station. 

Mail  Chutes. — Mailing  chutes  and  receiving  boxes  may  be  placed, 
subject  to  the  approval  of  the  postmaster,  in  public  buildings,  railroad 
stations,  hotels  of  not  less  than  five  stories  in  height,  business  or  office 
buildings  of  not  less  than  four  stories  in  height,  and  apartment  houses 
comprising  not  less  than  fifty  residential  apartments.  Buildings  in 
which  receiving  boxes  are  or  shall  be  located  shall  be  open  to  the  gen- 
eral public,  without  restriction,  at  all  times  during  the  hours  prescribed 
for  mail  collections,  in  order  to  afford  access  to  such  receiving  boxes 
for  the  deposit  of  mail  matter  therein. 

No  receiving  box  with  which  a  mailing  chute  is  connected  should  be 
placed  more  than  fifty  feet  from  the  main  entrance  of  the  building  in 
w^hich  located;  and  if  in  the  judgment  of  the  postmaster  the  efficient 
handling  of  the  mails  requires  the  placing  of  such  box  nearer  to  such 
entrance,  it  shall  be  so  placed,  and  at  such  point  as  he  may  direct.  No 
receiving  box  shall  be  placed  elsewhere  than  on  the  ground  floor  of  any 
building. 

Every  mailing  chute  shall  be  made  wholly  of  metal  and  glass,  and  so 
constructed  that  all  portions  of  its  interior  may  be  easily  reached  by 
postal  authorities,  but  not  by  other  persons.  It  shall  extend  in  a  con- 
tinuously vertical  line  from  the  point  of  beginning  to  the  receiving  box, 
and  be  so  placed  as  to  be  conveniently  accessible  throughout  its  entire 
length.  In  no  case  shall  a  mailing  chute  be  placed  behind  an  elevator 
screen  or  partition,  or  run  through  any  part  of  a  building  to  which  the 
public  is  denied  access. 

Authority  to  permit  the  installation  of  mailing  chutes  and  receiving 
boxes  conforming  to  these  regulations  is  vested  exclusively  in  the  post- 
master. To  him  shall  be  submitted  the  contract  and  specifications  for 
any  proposed  chute  and  box,  with  a  plan  of  the  building  showing  the 
contemplated  location  therein  of  the  whole  of  such  chute  and  the  box 
connected  therewith.  If  the  postmaster  approve  such  contract  and 
specifications,  and  the  location  proposed,  he  shall  indorse  his  approval 
upon  such  contract,  and  make  report  of  his  action  to  the  Postoffice 
Department. 

Forwarding  of  Mail. — Letters  prepaid  at  one  full  rate  (two  cents), 
parcels  fully  prepaid  at  the  first-class  rate,  postal  cards,  private  mailing 
cards  (post  cards),  and  official  matter,  may  be  forwarded  from  one  post- 
office  to  another  without  additional  charge. 

Mail  matter  of  the  third  class  and  parcel  post  mail  may  be  remailed 
or  forwarded,  but  not  until  there  has  been  prepaid  additional  postage 
thereon  at  the  same  rate  at  w^hich  the  matter  was  originally  mailed. 
Prepayment  must  be  made  every  time  the  matter  is  reforwarded.  mi 

\ 


POSTAL   SERVICE.  707 

Matter  of  the  second  class  (newspapers  and  magazines)  may  also  be 
forwarded  or  remailed,  but  at  the  rate  of  one  cent  for  each  four  ounces, 
or  fraction  thereof,  prepaid. 

The  changing  of  a  street  number  to  secure  delivery  at  the  postoffice 
of  address  is  not  regarded  as  forwarding  and  does  not  subject  matter 
to  additional  postage. 

Requests  to  forward  mail  matter  made  by  any  other  person  than  the 
addressee,  or  his  lawful  agent,  or  the  person  in  whose  care  the  matter  is 
addressed,  will  be  disregarded.  The  husband  of  addressee  will  be  pre- 
sumed to  be  her  agent  when  she  has  not  directed  her  mail  to  be  with- 
held from  his  control. 

A  direction  may  be  changed  and  matter  reforwarded  upon  request  as 
many  times  as  may  be  necessary  to  reach  the  addressee. 

The  address  on  all  missent  matter,  which  by  the  aid  of  a  street  direct- 
ory or  other  reliable  books  of  reference  it  is  reasonably  certain  can  be 
delivered  at  another  office,  will  be  corrected  and  forwarded  to  such 
office. 

Mail  received  by  a  postmaster  under  cover  with  a  request  to  post  such 
mail  in  his   office  for  delivery  or  for  forwarding  elsewhere,  will  be 

stamped,  ''Received  at    under    cover    from    the    postoffice    at 

"     The  stamps  will  be  canceled  and  the  mail  forwarded  in  the 

ordinary  manner  after  such  indorsement. 

Registry  of  Mail. — Valuable  matter  may  be  registered  for  a  fee  of  ten 
cents,  paid  by  the  special  registry  stamp  or  in  ordinary  stamps,  this  in 
addition  to  the  necessary  postage  on  the  mail. 

Registered  matter  is  sent  through  the  mails  in  special  equipment  and 
is  receipted  for  as  it  passes  from  hand  to  hand.  A  return  receipt  will 
be  given  to  the  sender  if  the  registered  piece  upon  being  registered  is 
indorsed  ''Return  Receipt  Requested." 

Registered  mail  addressed  "Deliver  to  Addressee  Only"  will  be  so 
delivered  or  returned  to  the  sender.  If  no  special  directions  be  given 
the  registered  piece  will  be  delivered  as  addressed,  if  possible,  or  if  not, 
to  some  one  known  to  be  responsible  or  to  be  the  agent  of  the  addressee. 
House  servants  are  not  considered  agents  for  the  purposes  of  delivery. 
Registers  will  be  delivered  to  anyone  upon  the  order  of  the  addressee 
unless  such  piece  is  indorsed  "Deliver  to  Addressee  Only." 

An  indemnity  of  a  maximum  of  $50  or  the  value  of  the  parcel  will  be 
paid  for  loss,  damage,  or  destruction  to  a  register  upon  proper  proof 
of  loss.  Registers  may  be  forwarded  upon  the  order  of  the  addressee 
or  upon  the  order  of  the  sender.  They  must  bear  in  addition  to  a 
legible  and  complete  delivering  address  the  name  and  address  of  the 
sender. 

Registered  mail  is  subject  to  all  regulations  that  apply  to  the  mail- 
ability  of  ordinary  mail. 

Withdrawal  of  Mail. — Mail  matter  may  be  withdrawn  by  the  sender 
before  dispatch  from  the  office  of  mailing  by  making  proper  identifica- 
tion of  himself  as  the  sender,  and  of  the  particular  piece  of  mail  to  be 


708  hillyer's  legal  manual. 

withdrawn  to  the  postmaster,  who  will  then  withdraw  the  piece  of 
mail  and  return  it  to  the  sender,  taking  his  receipt  for  it. 

After  dispatch  from  the  office  of  mailing,  a  piece  of  mail  may  be  with- 
drawn upon  telegraphic  or  mailed  instructions  of  the  postmaster  at  the 
office  of  mailing  to  the  postmaster  of  delivery,  or  to  the  railway  mail 
clerk  who  may  handle  the  mail  in  transit.  If  by  telegraph,  the  appli- 
cant for  withdrawal  must  pay  all  expenses  at  the  commercial  rate,  but 
the  telegram  must  go  over  the  name  of  the  dispatching  postmaster. 
The  same  is  true  in  the  case  of  a  request  for  withdrawal  sent  by  mail. 
The  same  identifications  are  required  as  in  withdrawing  mail  before 
dispatch.  Mail  withdrawn  will  be  returned  to  the  postmaster  at  the 
office  of  dispatch  for  delivery  to  the  sender. 

POSTAL  SAVINGS  SYSTEM. 

Purpose. — The  Postal  Savings  System  has  been  established  to  provide 
a  safe  depository  for  savings  too  small  to  be  offered  to  a  savings  bank 
or  held  by  persons  that  wish  government  protection  for  what  money 
they  have  accumulated. 

Depositories. — Postal  savings  depositories  have  been  established  in 
all  postoffices  of  any  size,  and  in  the  larger  offices  the  system  has  been 
extended  to  the  stations  as  well. 

Opening  Accounts. — No  deposit  of  less  than  a  dollar  is  received,  nor 
is  an  account  opened  for  less  than  a  dollar.  To  provide  a  means  for 
smaller  savings  a  system  of  stamps  and  cards  has  been  established,  and 
these  are  kept  on  sale  at  all  postal  savings  offices,  and  the  stations 
attached  to  them.  A  postal  savings  card  is  sold  for  ten  cents.  This 
card  bears  nine  spaces  in  each  of  Avhich  may  be  placed  a  postal  savings 
stamp  that  may  be  purchased  for  ten  cents,  the  card  and  the  nine 
stamps  representing  a  possible  saving  of  one  dollar.  This  card  and  the 
nine  stamps  attached  will  be  accepted  at  any  postal  savings  depository 
either  as  a  deposit  of  one  dollar  on  an  account  already  opened,  or  for 
the  opening  of  a  new  account. 

Deposits. — Deposits  are  limited  to  one  hundred  dollars  a  month,  and 
the  total  account  allowed  to  stand  in  any  name  is  five  hundred  dollars. 
The  matter  of  increasing  the  limit  of  deposit  at  any  one  time  or  in  any 
month,  as  well  as  the  limit  of  five  hundred  dollars  on  any  account,  is 
now  under  consideration  by  the  Postoffice  Department. 

Bond  System. — It  is  possible  to  increase  the  amount  in  the  care  of  the 
government,  however,  by  taking  advantage  of  the  postal  savings  bond 
system.  These  postal  savings  bonds  are  issued  in  amounts  of  twenty, 
fifty,  one  hundred  and  five  hundred  dollar  denominations.  Twice  a 
year,  in  January  and  in  July,  these  bonds  are  issued,  and  anyone  may 
transfer  his  savings  into  bonds  on  application  to  his  depository,  the 
actual  transfer  being  made  in  Washington,  D.  C.  It  is  apparent  there- 
fore that  while  an  account  may  be  limited  to  five  hundred  dollars,  by 
taking  advantage  of  the  bond  system  there  is  practically  no  limit  to 
the  amount  a  person  may  have  on  deposit  with  the  government. 


POSTAL   SERVICE.  709 

Form. — Postal  Savings  bonds  are  redeemable  at  their  face  value  at 
any  time  by  submitting  them  to  the  Postal  Savings  Department  at 
Washington  through  any  depository.  They  are  issued  in  the  form  of 
coupon  bonds  or  registered  bonds.  The  registered  bond  may  be  as- 
signed and  is  valueless  to  anyone  but  the  original  ov^ner  unless  prop- 
erly assigned.     A  coupon  bond  may  be  realized  upon  by  the  holder. 

Interest. — Interest  on  bonds  is  paid  at  the  rate  of  two  and  one-half 
per  cent.  Interest  on  deposits  is  paid  at  the  rate  of  two  per  cent.  In- 
terest on  deposits  is  payable  annually,  that  is  one  year  from  the  first 
day  of  the  month  following  the  deposit.  It  is  not  compounded  unless 
drawn  and  redeposited. 

Certificates. — Under  the  United  States  Postal  Savings  System  no  pass- 
books are  used.  Each  deposit  is  represented  by  a  certificate  or  certifi- 
cates, each  of  a  fixed  denomination.  Certificates  are  issued  in  denom- 
inations of  one,  two,  five,  ten,  twenty,  fifty  and  one  hundred  dollars. 
In  issuing  certificates  for  a  deposit  a  clerk  must  issue  the  smallest 
number  of  certificates  that  will  properly  cover  the  deposit.  These  cer- 
tificates may  be  cashed  at  any  time  at  the  office  of  deposit,  and  if  the 
depositor  is  not  within  the  jurisdiction  of  the  office  where  his  deposit 
is  being  carried,  a  means  is  provided  whereby  he  may  cash  his  certifi- 
cates by  mail  by  application  to  the  postmaster  within  whose  jurisdiction 
he  may  be  at  the  time.  The  redemption  of  the  certificates  however 
must  be  made  through  the  office  of  deposit,  so  sufficient  time  for  the 
transaction  to  be  completed  by  mail  must  be  allowed  for. 

Amount  Withdrawn. — Any  amount  in  even  dollars  up  to  the  limit 
of  a  deposit  may  be  withdrawn  at  any  time.  A  portion  of  the  amount 
of  any  certificate  in  even  dollars  may  be  withdrawn,  the  difference  being 
covered  by  the  issue  of  a  new  certificate  or  certificates  for  the  proper 
balance. 

Anyone  may  Open  Account. — Anyone  over  ten  years  may  open  an 
account  in  a  postal  savings  depository,  and  when  opened  such  account 
is  under  the  absolute  control  of  the  person  in  whose  name  it  stands.  A 
wife's  account  is  independent  of  the  control  of  a  husband;  a  minor's 
account  is  independent  of  control  of  parent  or  guardian.  An  account 
must  be  opened  by  the  depositor  in  person  unless  his  presence  is  im- 
possible ;  under  such  circumstances  a  means  has  been  provided  by  which 
he  may  open  an  account  by  mail. 

Deposits  and  Withdrawals,  How  Made. — Deposits  and  withdrawals 
must  be  made  in  person,  but  if  this  be  impossible  a  means  has  been  pro- 
vided by  which  both  deposits  and  withdrawals  may  be  made  by  mail. 

Transfer. — Accounts  may  be  transferred  from  the  main  postoffice 
in  a  city  to  any  of  its  stations  by  making  application  for  such  transfer, 
but  under  present  regulations  it  must  be  withdrawn  and  redeposited  to 
transfer  an  account  from  one  postoffice  to  another. 

Legal  Process. — A  postal  savings  account  is  not  subject  to  any  legal 
process  whatever  except  the  final  decree  of  a  court  of  competent  juris- 
diction.    It  is  not  subject  to  attachment  or  garnishment  of  any  kind, 


710  hillyer's  legal  manual. 

nor  in  the  case  of  the  death  of  the  depositor  can  it  be  controlled  by  his 
executors  or  his  heirs  unless  under  order  of  court. 

Security  for  Payment  of  Deposits.— The  faith  of  the  United  States 
government  is  pled^^ed  in  security  for  the  payment  of  deposits  in  the 
Postal  Savings  System,  and  any  money  in  the  possession  of  the  govern- 
ment may  be  used  for  such  payment  should  it  be  necessary  to  meet 
demands. 

MONEY  ORDER  SYSTEM. 

Purpose. — The  United  States  Money  Order  System  has  been  estab- 
lished for  the  transportation  of  money  through  the  mails.  The  system 
may  be  divided  into  two  parts — the  domestic  and  the  foreign. 

Money  Orders  on  the  Domestic  Forms. — Money  orders  on  the  domes- 
tic forms  and  at  the  domestic  rate  of  fees  may  be  issued  and  made 
payable  at  any  designated  money  order  office  in  the  United  States 
(which  includes  Hawaii  and  Porto  Rico)  and  its  possessions,  comprising 
the  Canal  Zone  (Isthmus  of  Panama),  Guam,  the  Philippines  and 
Tutuila  (Samoa)  ;  also  in  Bermuda,  British  Guiana,  British  Honduras, 
Canada,  Cuba,  Martinique,  Mexico,  Newfoundland,  the  U.  S.  Postal 
Agency  at  Shanghai  (China),  the  Bahama  Islands  and  certain  other 
Islands  in  the  West  Indies:  Antigua,  Barbados,  Domenica,  Grenada, 
Jamaica,  Montserrat,  Nevis,  St.  Kitts,  St.  Lucia,  St.  Vincent,  Trinidad 
and  Tobago  and  the  Virgin  Islands. 

Domestic  Fees.— The  domestic  fees  are  as  follows : 

For  orders  from  $     0.01  to  $     2.50 3  cents 

2.51  to         5.00 5  cents 

5.01  to       10.00 8  cents 

10.01  to       20.00 10  cents 

20.01  to       30.00 12  cents 

30.01  to       40.00 15  cents 

40.01  to       50.00 18  cents 

50.01  to       60.00 20  cents 

60.01  to       75.00 25  cents 

'V      *'         ''  75.01  to     100.00 30  cents 

Limit  of  Value. — The  limit  of  value  to  each  domestic  money  order  is 
one  hundred  dollars,  but  there  is  no  limit  to  the  number  of  orders  of 
this  value,  or  orders  aggregating  any  value,  that  may  be  purchased  and 
sent. 

Where  Payable. — A  money  order  can  be  purchased  for  payment  at  a 
money  order  postoffice  only.  It  cannot  be  drawn  on  a  station  of  a 
postoffice  nor  on  a  place  not  actually  a  money  order  postoffice. 

Money  Order  Drawn  upon  Office  Having  Stations. — A  money  order 
drawm  upon  an  office  having  stations  may  be  cashed  at  the  main  office 
or  any  of  its  stations. 

Identification. — A  money  order  may  be  paid  on  such  identification  as 
is  usually  required  for  the  payment  of  a  check. 


POSTAL   SERVICE.  711 

Indorsements. — It  is  negotiable  to  the  extent  of  one  indorsement  ex- 
cept when  the  order  is  put  through  a  bank,  in  which  case  it  may  pass 
through  the  banking  system  and  bear  as  many  bank  indorsements  as 
may  be  necessary,  a  bank  indorsement  for  the  purpose  of  effecting  final 
payment  not  being  considered  as  coming  under  the  regulation  limiting 
indorsements  to  one.  A  money  order  bearing  the  receipt  of  the  payee 
is  equivalent  to  a  check  indorsed  in  blank,  and  in  general  will  be  treated 
as  such.  As  a  matter  of  fact  a  money  order  may  be  treated  exactly 
as  a  check  is  treated  and  in  the  same  way  may  be  used  for  the  payment 
of  bills,  the  settlement  of  accounts  and  for  deposit  in  banks,  both  com- 
mercial and  savings,  so  long  as  the  payee  is  known.  It  frequently 
happens  that,  through  ignorance  of  this  facility  in  the  negotiation  of  a 
money  order,  those  holding  them  believe  that  money  orders  must  be 
presented  at  a  postoffiee  for  payment,  and  it  is  seldom,  unless  precau- 
tions to  make  themselves  known  have  been  taken  beforehand,  that 
payees  can  identify  themselves  without  annoyance  and  trouble.  It  is 
not  sufficient  that  the  letter  in  which  the  money  order  was  transmitted 
be  submitted  as  a  means  of  identification.  A  money  order  is  seldom 
lost  without  the  letter  of  transmittal  also  being  lost,  both  falling  into 
the  hands  of  the  finder  at  the  same  time.  The  postoffiee  clerk  paying 
a  money  order  is  personally  responsible  for  the  proper  payment  of  the 
order,  and  he  must  make  good  any  loss  that  his  wrong  payment  may 
cause. 

Money  Order  Purchased  but  not  Sent. — A  money  order  purchased  but 
not  sent  to  the  payee  may  be  "repaid"  to  the  remittitur  or  purchaser 
when  presented  at  the  office  of  issue  under  proper  identification.  Only 
the  face  value  of  the  order  will  be  repaid.  The  amount  of  the  fee  will 
be  retained.  Thus  an  order  cashed  at  the  office  of  issue  is  "repaid"  and 
when  cashed  at  the  office  of  payment  it  is  "paid."  An  order  may  be 
paid  or  repaid  when  the  holder,  remitter,  payee  or  indorsee,  is  at  an 
office  other  than  the  office  of  issue  or  the  offi-ce  of  payment,  by  sending 
the  order  by  mail  to  the  proper  office,  the  office  of  issue  if  he  be  the 
remitter  and  the  office  of  payment  if  he  be  the  payee  or  indorsee,  Avith 
a  request  that  a  new  order  for  the  same  amount,  less  the  necessary  fee 
for  the  new  order,  be  drawn  on  the  office  in  the  jurisdiction  of  which 
he  then  resides,  and  payable  to  him.  This  new  order  will  be  forwarded 
to  him  and  may  be  cashed  in  the  usual  way.  The  order  must  be  prop- 
erly indorsed  or  receipted  before  being  forwarded  for  this  purpose. 

Duplicate  Order. — When  an  order  is  lost  application  should  be  made 
to  the  office  of  issue  by  the  remitter  or  to  the  office  of  payment  by  the 
payee,  as  the  case  may  be,  for  a  duplicate  order.  This  duplicate  order 
will  be  issued  by  the  Money  Order  Department  at  Washington,  D.  C, 
after  proper  precautions  have  been  taken  to  prevent  the  payment  or 
repayment  of  the  original  order  should  it  be  found  and  presented  for 
payment  or  repayment  before  or  after  the  duplicate  has  been  issued.  A 
duplicate  money  order  will  be  issued  to  either  the  remitter,  the  payee 
or  the  indorsee. 


712  HILLYER^S  LEGAL  MANUAL. 

Indorsee. — The  indorsee  of  an  order  stands  in  the  same  relation  as 
the  payee  and  may  exercise  all  the  rights  of  a  payee. 

Warrant. — A  money  order  remains  valid  for  one  year  after  the 
first  day  of  the  month  following  its  issue.  Should  it  be  presented  for 
payment  or  repayment  after  the  lapse  of  that  time  application  must  be 
made  for  a  ''warrant"  to  take  its  place.  This  application  may  be  made 
at  any  money  order  office  and  the  warrant  will  be  issued  at  Washing- 
ton, D.  C. 

Money  Orders  Lost. — Money  orders  are  of  no  use  to  anyone  but  the 
remitter,  the  payee,  or  the  indorsee,  and  if  lost,  the  rightful  owners 
will  lose  nothing,  but  will  be  able  to  recover  full  value  through  a  dupli- 
cate, or,  if  a  year  has  elapsed,  through  a  warrant. 

Rules  Apply  to  Foreign  or  International  Orders. — In  general  the 
rules  governing  the  payment,  repayment,  loss,  etc.,  of  domestic  orders 
apply  as  well  to  foreign  or  international  orders. 

Foreign  Money  Order. — The  foreign  money  order  system,  through 
direct  or  indirect  exchange,  covers  the  transportation  of  money  to 
nearly  every  country  on  the  globe. 

International  Money  Orders. — International  money  orders  may  be 
issued  and  made  payable  in  any  of  the  following  foreign  coun- 
tries at  a  designated  money  order  office:  Apia  (Samoa),  Austria, 
Belgium,  Bolivia,  Chili,  Costa  Rica,  Denmark,  Egypt,  France,  Algeria 
and  Tunis,  Germany,  Great  Britain  and  Ireland,  Greece,  Republic 
of  Honduras,  Hongkong  (China),  Hungary,  Italy  (including  San 
Marino),  Japan,  Liberia,  Luxemburg,  Netherlands,  New  South  Wales, 
New  Zealand,  Norway,  Peru,  Portugal,  Queensland,  Russia,  Salvador, 
South  Australia,  Sweden,  Switzerland,  Tasmania,  Union  of  South 
Africa  (which  comprises  the  provinces  of  the  Cape  of  Good  Hope  (for- 
merly Cape  Colony),  the  Transvaal,  the  Orange  Free  State  (for- 
merly Orange  River  Colony)  and  Natal  (including  Zululand),  Uruguay 
and  Victoria. 

International  orders  may  also  be  sent  to  many  places  with  which  this 
country  has  no  direct  exchange,  through  other  countries,  information  in 
regard  to  which  will  be  given  upon  application. 

Fees  on  Money  Orders. — The  fees  on  money  orders  drawn  on,  or 
through  any  of  the  above-named  countries  are  divided  into  classes  as 
follows : 

When  payable  in  or  through  Apia,  Austria,  Belgium,  Bolivia,  Costa 
Rica,  Denmark,  Egypt,  Germany,  Great  Britain  and  Ireland,  Honduras, 
Hongkong,  Hungary,  Italy,  Japan,  Liberia,  Luxemburg,  New  South 
Wales,  New  Zealand,  Peru,  Portugal,  Queensland,  Russia,  Salvador, 
South  Australia,  Switzerland,  Tasmania,  Union  of  South  Africa,  Uru- 
guay and  Victoria: 


POSTAL   SERVICE. 


713 


For  orders  from  $     00.01  to  $     2.50 10  cents 

2.51    ''        5.00 15  cents 

5.01    ''        7.50 20  cents 

7.51     "      10.00 25  cents 

10.01    "      15.00 30  cents 

15.01     ''     20.00 35  cents 

20.01    "      30.00 40  cents 

30.00  ''      40.00 45  cents 

40.01  ''      50.00 50  cents 

50.01     "     60.00 60  cents 

60.01     "     70.00 70  cents 

70.01     ''      80.00 80  cents 

80.01     "     90.00 90  cents 

90.01     "     100.00 1  dollar 

When  payable  in  or  through  any  other  foreign  country  the  fees  are 
ten  cents  on  each  $10  or  fraction  thereof. 

Direct  Exchange. — Direct  exchange  is  the  term  used  to  designate 
the  system  that  deals  directly  with  any  particular  country. 

Indirect  Exchange. — Indirect  exchange  the  system  that  deals  with  a 
particular  country  through  the  medium  of  another  country  with  which 
the  direct  exchange  is  established. 

Blank  Application. — In  making  application  for  a  money  order,  either 
domestic  or  foreign,  the  remitter  must  fill  out  the  blank  application 
himself,  and  in  as  complete  detail  as  possible.  Postoffice  clerks  are  not 
allowed  to  make  out  applications  for  money  orders  for  patrons,  or  to 
assist  them  in  any  way  except  to  give  them  all  the  information  possible 
and  such  advice  as  the  case  warrants. 


POSTAGE  AND  CLASSIFICATION. 

Table. — The  following  table  gives  the  rates  of  postage  on  first,  second 
and  third  class  domestic  mail,  with  the  character  of  each  class  of  mail. 
Permissible  additions  to  second  and  third  class  mail  are  treated  under 
the  head  of  preparation  of  mail.     Parcel  Post  is  treated  separately. 

In  this  table  is  also  given  the  features  of  the  use  of  the  ''permit"  or 
privilege  of  paying  postage  on  third-class  matter  and  parcel  post  in 
money,  and  the  use  of  the  precanceled  stamp  on  third-class  matter  and 
parcel  post. 


Class. 


First. 


Bates. 

Two  cents  for  each  ounce 
or  fraction  thereof. 

Limit  of  weight  four 
pounds. 

One  cent  for  each  ounce 
or  fraction  thereof. 

Limit  of  weight  four 
pounds. 

One  cent  each. 


Includes. 

All  sealed  matter  (except  proprietary 
articles).  All  written  matter  produced 
by  hand  or  typewriting,  including  car- 
bon copies. 

Drop  letters  mailed  at  noncarrier  oflSces 
for  local  delivery,  but  not  if  delivered 
by  rural  carrier. 

Postal  cards  issued  by  the  government 
and  private  post  cards  which  conform  to 
regulations. 


714 


HILLYER'S  LEGAL  MANUAL. 


Class. 


First. 
Second. 


Third. 


Seeds. 


Congressional 
Record. 

Permit  Matter. 


Rates. 
Two  cents  each. 

One  cent  for  each  pound 
or   fraction   thereof. 
No  limit  to  weight. 


One    cent    for    each    four 
ounces    or    fraction   thereof. 
No  limit  to  weight. 

One  cent  per  copy. 
No     limit     to     weight    of 
lu.idles. 


Two  cents  per  copy. 
No  limit  to  weight. 


Free  in.   county. 

No    limit   to   weight. 


One  cent  for  each  two 
ounces    or   fraction    thereof. 

Limit  of  weight  four 
pounds  except  for  single 
books  on  which  there  is  no 
limit. 


One  cent  for  each  two 
ounces.  Limit  of  weight 
11   pounds. 

One   cent   for   each    copy. 


Third  Class  one  cent  for 
each  two  ounces. 

Parcel  Post  one  cent  for 
each  ounce  up  to  four 
ounces.  Over  four  ounces 
the  parcel  post  rates  apply. 


Includes. 

Reply  postal  cards  issued  by  the  gov- 
ernment. 

Newspapers  and  periodicals  mailed  by 
publishers  and  news  agents  to  points 
other  than  place  of  mailing,  except 
weekly  papers,  which  are  mailable  to  all 
domestic  points  at  the  pound  rate.  Pub- 
lications other  than  weeklies  when  ad- 
dressed to  box  or  general  delivery  at 
mailing  office  are  also  mailable  at  the 
pound  rate. 

Newspapers  and  periodicals  mailed  by 
others  than  publishers  or  news  agents. 
This  is  the  rate  used  by  the  general 
public. 

Newspapers  other  than  weeklies  (with- 
out regard  to  weight)  and  periodicals  not 
exceeding  two  ounces  in  weight  mailed  by 
publishers  or  news  agents  for  carrier  de- 
livery at  mailing  office. 

Periodicals  exceeding  two  ounces  in 
weight  mailed  by  publishers  or  news 
agents  for  carrier  delivery  at  mailing 
office. 

Publications  of  the  second  class,  one 
copy  to  each  actual  subscriber  residing 
in  the  county  where  the  same  are  printed 
in  whole  or  in  part,  and  published.  Such 
papers,  however,  must  not  be  delivered 
at  letter  carrier  offices,  or  distributed  by 
carriers  unless  postage  is  paid  at  the 
rate  of  one  cent  for  each  pound  or  frac- 
tion thereof. 

(The  word  "Newspaper"  as  used  in  the 
foregoing  means  publications  issued  as 
often  as  once  a  week,  and  the  word 
"Periodical"  refers  to  such  as  are  pub- 
lished   at   greater   intervals.) 

Books,  circulars,  photographs  and  other 
matter  wholly  in  print,  proofsheets,  cor- 
rected proofsheets  and  manuscript  copy 
accompanying  the  same.  Also  imitations 
of  handwriting  or  typewriting  produced 
by  the  mimeograph,  multigraph  or  other 
similar  process  when  mailed  at  a  post- 
office  window  in  lots  of  not  less  than 
twenty  identical  copies. 

Seeds,  cuttings,  bulbs,  roots,  scions  and 
plants. 

Mailed  in  Washington  as  transient 
matter.  If  mailed  by  members  or  dele- 
gates   to    Congress,    free    under    frank. 

Third-class  or  parcel  post  matter  mailed 
in  minimum  lots  of  2,000  identical  pieces, 
permit  having  first  been  obtained  from 
postmaster. 


POSTAL  SERVICE. 


715 


Class. 

Precanceled 
Stamps. 


Official  Matter. 
Franked  Matter. 


Free  Matter. 


Soldiers'  and 
Sailors'   Letters. 

Postal   Savings 
System. 


Includes. 
Good  for  postage  on  transient  second- 
class  matter  and  third-class  and  parcel 
post  packages  mailed  at  a  postoffice  win- 
dow in  lots  of  not  less  than  500  pieces 
at   the   office  where   precanceled. 


Bates. 

Second  Class — One  cent 
for   each   four   ounces. 

Third  Class — One  cent 
for  each  two  ounces. 

Parcel  Post — One  cent 
for  each  ounce  up  to  four 
ounces.  Over  four  ounces 
parcel  post  rates  apply. 

Matter  mailed  by  officers  or  bureaus  of  the  Government  (excepting 
members  of  Congress)    relating  to  the  business  of  the  Government. 

Public  documents  mailed  by  the  Vice-President,  Senators  or  Repre- 
sentatives in   Congress. 

Congressional  Record  or  parts  thereof  mailed  by  members  of 
Congress. 

Seeds  sent  by  Secretary  of  Agriculture  or  by  members  of  Congress 
receiving  same  from  the  Department  of  Agriculture  for  distribution. 
Also  reports  of  that  department. 

Correspondence  not  exceeding  four  ounces  in  weight  (except  when 
addressed  to  a  government  official)  sent  by  the  Vice-President,  mem- 
bers and  members-elect,  delegates  and  delegates-elect  of  Congress  on 
official  business. 

All  matter  mailed  by  or  addressed  to  Lucretia  R.  Garfield,  Frances 
F.  Cleveland  or  Mary  Lord  Harrison. 

Mail  addressed  to  the  Census  Office,  the  Director  of  the  Census, 
Assistant  Director,  Chief  Clerk,  Supervisor,  Enumerators  or  Special 
Agents. 

One  copy  each  of  the  annual  reports  required  by  the  Secretary  of 
the  Interior  and  the  Secretary  of  Agriculture  from  agricultural  col- 
leges addressed  to  other  agricultural  colleges  and  to  the  Secretary  of 
the  Interior  and  the  Secretary  of  Agriculture. 

Bulletins  and  reports  of  Agricultural  Experiment  Stations. 

Copyright  matter  addressed  to  the  Register  of  Copyrights,  Wash- 
ington. 

Letters  written  in  point  print  or  raised  characters  for  the  use  of 
the   blind. 

Books  and  other  reading  matter  for  the  blind,  containing  no  adver- 
tising or  other  matter  sent  by  public  institutions  for  the  blind  or  by 
public  libraries  as  a  loan  to  blind  readers  or  returned  by  such  readers 
to  the  institutions  referred  to. 

Letters  mailed  by  soldiers,  sailors  and  marines  when  countersigned 
by  an  officer  may  be  dispatched  without  postage  being  prepaid  and 
only  the  single  rate  shall  be  collected  on  delivery. 

Matter  pertaining  to  the  business  of  the  Postal  Savings  System  is 
chargeable  at  the  same  rate  as  similar  matter  mailed  by  the  public, 
except  that  the  postage  thereon,  and  registry  fee,  if  any,  shall  be 
prepaid  by  special  stamps  prepared  for  the  Postal  Savings  System. 


STAMPS  AND  STAMPED  PAPER. 

Stamps. — Stamps  are  furnished  by  the  Postoffice  Department  in  the 
following  denominations  and  forms : 

Ordinary  Stamps. — One,  two,  three,  four,  five,  ten,  fifteen  and  fifty 
cent  stamps,  and  one  dollar  and  two  dollar  stamps.  The  eight  and 
thirteen  cent  stamps  are  no  longer  issued  and  w411  become  obsolete  with 
the  sale  of  those  on  hand.  The  same  may  be  said  of  the  special  registry 
stamp. 

Parcel  Post  Stamps. — One,  two,  three,  five,  ten,  fifteen,  twenty, 
twenty-five,  fifty  and  seventy-five  cent  and  one  dollar  stamps.     The 


716 


HILLYER^S  LEGAL  MANUAL. 


printing  of  these  has  also  been  discontinued,  and  no  more  will  be  on 
sale  when  the  present  supply  has  been  sold  out. 

Postal  Savings  Stamps.— Ten  cent  stamp  and  the  ten  cent  card. 

Special  Delivery  Stamps. — Ten  cent. 

Coils. — One,  two  and  four  cent  stamps,  500  to  the  coil,  perforated 
endwise  and  sidewise,  and  unperf orated ;  one,  two  and  four  cent  stamps, 
1,000  to  the  coil,  perforated,  endwise  and  sidewise,  and  unperforated. 
A  charge  above  the  value  of  the  stamps  is  made  for  the  coiling,  three 
cents  for  the  coil  of  500  stamps  and  six  cents  for  the  coil  of  1,000. 

Books. — One  cent  stamps,  24  to  the  book,  25  cents. 
Two  cent  stamps,  12  to  the  book,  25  cents. 
Two  cent  stamps,  24  to  the  book,  49  cents. 
Two  cent  stamps,  58  to  the  book,  97  cents. 

Reply  Coupons. — ^For  five  cents  in  the  stamps  of  any  foreign  country 
in  the  Postal  Union,  6  cents. 

Stamped  Envelopes  and  Wrappers. — Stamped  envelopes  and  news- 
paper wrappers  will  be  furnished  in  sizes,  denominations  and  prices, 
with  or  without  return  requests,  in  accordance  with  the  following 
schedules: 


SIZE 


Denomi- 

Quality 

nation 

2-ceiit. . . 

First 

1-cent. . . 

First 

]2-cent... 

First 

2-cent... 

Second. .  . 

1-cent... 

First 

2-cent. . . 

First 

2-cent... 

Second... 

[5-cent. . . 

First. .... 

2-cent. . . 

First 

1-cent. . . 

First 

2-cent. . . 

First 

2-cent. . . 

Second. , . 

5-cent... 

First 

1-cent. . . 

Second . . . 

I 1-cent... 

Manila. . . 

2-cent. . . 

First : 

j  2-cent... 

Second . . . 

4-cent. . . 

First 

'  1-cent. . . 

First  (ung) 

2-cent. . . 

First 

4-cent. . . 

First 

2-cent. . . 

First. 

\ 4-cent. . . 

First 

2-cent. . . 

First 

(1-cent... 

First 

12-cent... 

First 

fl-ceht... 
2-cent... 

Manila. . . 

Manila. . . 

1-cent... 

First 

1-cent. . . 

Second. . . 

2-cent. . . 

First 

2-cent. . . 

Second. . . 

2-cent. . . 

First 

\2-cent... 

Second. . . 

COLOR 


1000 

100 

25 

10 

6 

2 

$20.92 

$2. 10 

$0.53 

$0.21 

$0.11 

$0.05 

10.92 

1.10 

.28 

.11 

.06 

.03 

20.92 

2.10 

.53 

.21 

.11 

.05 

20.80 

2.08 

.52 

.21 

.11 

.05 

10.96 

1.10 

.28 

.11 

.06 

.03 

20.96 

2.10 

.53 

.21 

.11 

.05 

20.84 

2.09 

.53 

.21 

.11 

.05 

50.96 

5.10 

1.28 

.51 

.26 

.11 

21.00 

2.10 

.53 

.21 

.11 

.05 

11.00 

1.10 

.28 

.11 

.06 

.03 

21.00 

2  10 

.S3 

.21 

.11 

.06 

20.88 

2.09 

.53 

.21 

.11 

.05 

51.00 

5.10 

1.28 

.51 

.26 

.11 

10.88 

1.09 

.28 

.XI 

.06 

.08 

10.72 

1.08 

.27 

.11 

.06 

.03 

21.44 

2.15 

.54 

.22 

.11 

.05 

21.24 

2.13 

.54 

.22 

.11 

.05 

41.44 

4.15 

1.04 

.42 

.21 

.09 

11.56 

1.16 

.29 

.12 

.06 

.03 

21.56 

2.16 

.54 

.22 

.11 

.05 

41.56 

4.16 

1.04 

.42 

.21 

.09 

21.72 

2.18 

.55 

.22 

.11 

.05 

41.72 

4.18 

1.05 

.42 

.21 

.09 

20.88 

2.09 

.53 

.21 

.11 

.05 

11.04 

1.11 

.28 

.12 

.06 

.03 

21.04 

2.11 

.53 

.22 

.11 

.05 

10.72 

1.08 

.27 

.11 

.06 

.03 

21.24 

2.13 

.54 

.22 

.11 

.05 

11.08 

1.11 

.28 

.12 

.06 

.03 

10.96 

1.10 

.28 

.11 

.06 

.03 

21.08 

2.11 

.53 

.22 

.11 

.05 

20.96 

2.10 

.53 

.21 

.11 

.05 

21.08 

2.11 

.53 

.22 

.11 

.05 

20.92 

2.10 

.53 

.21 

.11 

.05 

No.  1— 2J^x5M... 
No.    2—Z}ix5H... 

No.    3— 3^x5%... 

No.    4— 3^x5%.. . 

No.  5— 3Kx6i\  . . . 
(The  size  most  used) 

No.    6— 3Hx6,V... 
(Ungummed) 

No.    7— 3Kx8K... 

No.  S—AVsxdH  .  . . 
No.  9— 4^x10^.. 
No.  10— 3i«,x45^.... 
No.  ll^Jix5M  .  . . 
No.  12—5^x103^ .  . 

No.  12.A-8     xl2 

(Newsi^aper  Wrappers) 
No.  13— 3Mx6M  , .  . 

No.  14— 35€x6iV... 


White  only 

White  or  amber. . 
White  or  amber .  . 
Buff  or  blue .  .  .  .  . 
White  or  amber .  . 
White  or  amber .  . 

Buff  or  blue 

White  or  amber.  . 
White  or  amber .  . 
White  or  amber .  . 
White  or  amber . . 

Buff  or  blue 

White  or  amber.  . 

White  only 

Manila. 

White  or  amber .  . 

Buff  or  blue 

White  or  amber.  . 
White  or  amber.  . 
White  or  amber.  . 
White  or  amber .  . 
White  or  amber .  . 
White  or  amber .  . 

White  only 

White  only 

White  only 

Manila 

Manila 

White  or  amber .  . 

Buff  or  blue 

White  or  amber.  . 

Buff  or  blue 

White  or  amber .  . 
Buff  or  blue 


$0.03 
.02 
.03 
.03 
.02 
.03 
.03 
.06 
.03 
.02 
.03 
.03 
.06 
.02 
.02 
.03 
.03 
.05 
.02 
.03 
.05 
.03 
.05 
.03 
,02 
.03 
.02 
.03 
.02 
.02 
.03 
.03 
.03 
.03 


T*rices  of  Printed  (Special-Request  and  Office-Request)  Stamped  Envelopes  at  a  slight  increase  in  price,  ranging  from 
$0.01  for  quantities  of  10  to  $0.44  for  quantities  of  1,000  of  the  largest  size 

Special    Return    Cards. — Special   return    cards,    including   the    pur- 
chaser's name  and  address,  will  be  printed  on  orders  for  five  hundred 


POSTAL  SERVICE.  717 

or  a  multiple  of  five  hundred  envelopes.  ''Special  request"  envelopes 
are  only  supplied  to  purchasers  through  the  postoffice  named  in  the 
return  card.  No  advertisements  or  special  device  of  any  kind,  nor  the 
names  of  addressees,  will  be  printed  on  stamped  envelopes  by  the  De- 
partment. The  matter  to  be  printed  will  be  limited  to  (1)  a  request  to 
return  after  a  given  number  of  days;  (2)  the  name  of  the  purchaser 
(individual,  firm,  corporation,  institution,  association,  or  society)  ; 
(3)  rural  delivery  route,  postoffice  box  number,  street  address  (in  the 
case  of  city  delivery  postoffices  only),  or  the  name  of  a  building  and 
room  number  therein,  or  the  names  of  intersecting  streets,  in  lieu  of 
a  street  address;  (4)  the  names  of  postoffice  or  branch  postoffice, 
county,  and  State.  Any  portion  of  the  foregoing,  except  the  name  of 
the  postoffice  or  branch  postoffice  and  State,  may  be  omitted,  when  de- 
sired by  the  purchaser  of  the  envelopes,  if  the  address  to  which  unde- 
livered letters  are  returnable  is  not  thereby  made  indefinite.  The  form 
of  return  request  for  stamped  envelopes  intended  to  inclose  letters  will 
be,  "After  five  days,  return  to";  for  envelopes  intended  to  inclose 
third-class  matter,  "Postage  for  return  will  be  sent  on  notice  after  five 
days  to";  the  number  of  days  in  either  case  to  be  not  less  than  three. 

Postal  Cards. 

Postal  cards  are  made  in  the  following  denominations  and  sizes: 

No.  4.     One  cent,  domestic,  single;  3%x5%  inches; 

No.  5.     One  cent,  domestic,  single;  3x5  inches; 

No.  6.     One  cent,  domestic,  reply ;  3i/4x5i/2  inches,  each  half ; 

No.  7.     Two  cent,  foreign,  single,  31/4x51/2  inches; 

No.  f .     Two  cent,  foreign,  reply ;  31/0x5%  inches,  each  half ; 

No.  4.  One  cent  in  sheets,  48  cards  to  the  sheet,  31/2x5%  or  3x5 
inches. 

Postal  cards  may  bear  written,  printed  or  other  additions,  as  follows : 

The  face  of  the  card  may  be  divided  by  a  vertical  line  one-third  of 
the  distance  from  the  left  end  of  the  card,  the  space  to  the  right  being 
used  for  the  address  only,  the  space  to  the  left  to  be  used  for  a  message. 
Addresses  may  be  either  printed,  written,  or  affixed  at  the  option  of  the 
sender. 

Very  thin  sheets  of  paper  may  be  attached  to  the  card  provided  they 
completely  adhere  thereto.  Such  sheets  may  bear  both  writing  and 
printing.  Advertisements,  illustrations,  or  reading  may  appear  upon 
the  back  of  the  card  and  upon  the  left  third  of  the  face. 

The  addition  to  the  postal  card  of  matter  other  than  as  herein  re- 
ferred to  will  subject  the  card  to  postage  according  to  the  character 
of  the  message ;  at  the  letter  rate  if  wholly  or  partly  in  writing,  or  the 
third  class  rate  of  entirely  in  print.  In  either  case  the  postage  value 
of  the  stamp  upon  the  card  will  not  be  impaired. 

Postal  cards  will  be  treated  in  all  respects  as  sealed  letters  except 
that  when  undeliverable  to  the  addressee  they  may  not  be  returned  to 
the  sender. 


718  HILLYER'S   LEGAL   MANUAL. 

Post  Cards. 

Post  cards  or  private  mailing  cards  must  conform  to  the  following 
conditions: 

A  post  card  must  be  an  unfolded  piece  of  cardboard  not  exceeding 
3  9/16  inches  by  5  9/16  inches  or  less  than  2%x4  inches.  It  must  in 
form  and  in  quality  and  weight  of  paper  be  substantially  like  the  Gov- 
ernment post  card.  It  may  be  of  any  color  not  interfering  with  a 
legible  address  or  postmark.  It  may  or  may  not,  at  the  option  of  the 
sender,  bear  at  the  top  of  the  face  the  words  ''Post  Card."  The  face 
of  the  card  may  be  divided  by  a  vertical  line,  the  left  half  to  be  used 
for  a  message ;  that  to  the  right  for  the  address  only.  In  other  respects 
they  are  carried  under  the  same  regulations  as  affect  postal  cards. 

Sale  of  Stamps,  Envelopes,  etc. 

Stamps. — Stamps  when  sold  over  a  counter  or  at  a  window  will  be 
laid  face  down  when  handed  out  to  purchasers.  Stamp  clerks  will  not 
affix  stamps  to  letters,  parcels,  etc.,  for  patrons. 

Sales  of  Envelopes  and  Weapons.^In  making  sales  of  envelopes  and 
wrappers  in  small  quantities  it  is  expected  that  postmasters  will  evince 
a  proper  spirit  of  accommodation,  but  they  are  not  required  to  lose  the 
fraction  of  a  cent.  Postmasters  should  provide  themselves  with  minor 
coins  and  bills  of  small  denomination  sufficient  to  enable  them  to  make 
change  for  purchasers  of  stamped  paper;  but  if  a  postmaster  cannot 
make  change  the  applicant  should  tender  the  exact  amount  of  his 
purchase. 

When  the  schedule  price  of  a  single  envelope  is  three  cents  and 
that  of  a  single  wrapper  is  two  cents,  and  both  are  purchased  in  the 
same  transaction,  four  cents,  and  not  five  cents,  will  be  charged,  and 
the  same  principle  applies  to  all  similar  sales  of  different  sizes,  quali- 
ties, or  denominations.  That  is,  where  several  envelopes  of  different 
styles  are  sold  the  postmaster  will  retain  only  the  fraction  of  a  cent 
on  the  whole  purchase,  and  not  on  each  envelope. 

Postmasters  must  not  exchange  postage  stamps,  postal  cards  or 
stamped  envelopes  or  wrappers;  nor  will  any  of  these  be  accepted  in 
payment  for  the  purchase  of  any  stamp  supplies.  Postmasters  are  not 
allowed  to  solicit  the  sale  of  stamps  so  as  to  increase  the  sales  of  their 
offices. 

Mutilated  or  Abraded  Coins  or  Currency. — In  the  sale  of  stamp  sup- 
plies, foreign  gold  and  silver  coins,  perforated,  mutilated  or  abraded 
coins,  or  mutilated  paper  currency  will  not  be  accepted.  An  exception 
is  made  in  the  case  of  fractional  silver  or  other  minor  coins  worn  by 
abrasion  when  the  superscription  thereon  can  still  be  distinguished. 
The  "trade  dollar"  is  not  legal  tender  and  should  not  be  accepted  as  it 
will  not  be  received  by  the  United  States  Treasury  as  a  deposit. 

Minor  Coins  Le^l  Tender. — Minor  coins — five,  three  and  one  cent 
pieces — are  legal  tender  to  the  amount  of  twenty-five  cents  and  frac- 
tional silver  is  legal  tender  up  to  ten  dollars. 


POSTAL  SERVICE.  719 

REDEMPTION. 

Postage  Stamps. — Postaoje  stamps  are  not  redeemable  at  all  from  the 
public. 

Uncanceled,  Unserviceable  and  Spoiled  Stamped  Envelopes  and 
Newspaper  Wrappers. — Uncanceled,  unserviceable  and  spoiled  stamped 
envelopes  and  newspaper  wrappers  are  redeemable  at  the  value  of  the 
stamps,  if  submitted  in  substantially  a  whole  condition,  payment  being 
made  only  in  postage  stamps  or  other  stamped  paper. 

Stamped  envelopes  bearing  a  printed  return  card  or  address  may  be 
redeemed  only  from  the  original  purchaser. 

Postal  Cards. — Uncanceled,  unserviceable,  and  spoiled  postal  cards 
not  treated  by  bronzing,  enameling  or  other  process  of  coating  may  be 
redeemed  in  postage  stamps  or  other  stamped  paper  only  at  75%  of 
their  postage  value  when  presented  by  the  original  purchaser.  Parts 
or  pieces  of  cards  will  not  be  redeemed.  Each  unused  half  of  a  reply 
postal  card  will  be  regarded  as  a  single  card.  When  the  redemption 
value  of  the  cards  includes  the  fraction  of  a  cent  such  fraction  will 
accrue  to  the  department. 

Reply  Coupons  will  be  redeemed  at  five  cents  apiece,  their  face 
value,  payable  in  stamps  or  stamped  paper. 

FOREIGN  MAIL. 

Handling  of  Foreign  Mail. — The  handling  of  foreign  mail  is  gov- 
erned by  the  rules  of  the  Universal  Postal  Union,  a  form  of  organiza- 
tion among  certain  countries  for  the  exchange  of  mail,  the  adjustment 
of  the   expense  incident  thereto,   and  the  protection  of  mail  matter. 

In  general,  so  far  as  the  public  is  concerned,  foreign  mail  is  handled 
exactly  as  is  domestic  mail.  The  principal  difference  lies  in  the 
classification  and  rates  of  postage,  the  special  restrictions  and  prohi- 
bitions of  the  different  countries,  and  the  feature  of  custom  duties 
involved  in  the  transfer  of  merchandise  through  the  mails  to  foreign 
countries.  The  matter  of  custom  duties  is  confined  mainly  to  foreign 
parcel  post,  but  it  applies  as  well  to  letters  and  samples  of  merchan- 
dise. 

Samples  of  Merchandise. — Samples  of  merchandise  are  assessed  in  the 
same  manner  as  parcel  post  and  the  duty  collected  on  delivery. 

Letters  or  Sealed  Matter. — Letters  or  sealed  matter,  however,  cannot 
be  examined  until  they  have  been  opened  by  the  addressee.  There- 
fore, when  a  sealed  letter  or  package  is  received  for  delivery,  the 
delivering  office,  or  the  office  of  arrival  or  exchange  office,  will  mark 
it  ''Supposed  liable  to  customs";  the  addressee  will  be  notified  to  call 
at  the  office  where  it  is  being  held,  a  customs  officer  will  be  summoned, 
delivery  will  be  made  to  the  addressee  in  the  presence  of  the  customs 
officer,  and  the  addressee  will  break  the  seal,  open  the  letter  or  pack- 
age, and  the  customs  officer  will  then  examine  the  contents  and  assess 
and  collect  the  duty.  This  is  only  done  when  from  the  form  or  general 
character  of  a  foreign  letter  or  sealed  package  it  is  thought  probable 


720 


HILLYER  S  LEGAL   MANUAL. 


that  it  contains  matter  on  which,  from  its  nature  or  quantity,  duty 
should  be  paid. 

Special  Delivery  of  Foreign  Mail. — The  special  delivery  of  foreign 
mail  is  provided  for  in  the  agreement  of  the  Postal  Union,  but  is  made 
optional  with  the  different  countries,  not  all  of  them  have  taken  ad- 
vantage of  it.  The  United  States  has  not  adopted  this  feature  for 
either  incoming  or  outgoing  foreign  mail. 

Reply  Coupons. — Reply  coupons  (see  Stamps  and  Stamped  Paper) 
may  be  inclosed  in  correspondence  with  foreign  countries  to  pay  post- 
age on  a  reply.  These  are  good  for  their  face  value,  five  cents,  in 
stamps  of  any  foreign  nation. 

Stickers. — Stickers  of  any  kind  either  on  front  or  back  of  foreign 
mail  matter  are  forbidden  on  foreign  mail  addressed  to  the  principal 
foreign  countries. 


FOREIGN  RATES  AND  CLASSIFICATION. 

Table. — The  following  table  gives  the  classification,  rates  of  postage 
and  general  characteristics  of  the  foreign  mail  service,  except  Canada, 
Cuba,  Mexico,  Republic  of  Panama,  U.  S.  Postal  Agency  at  Shanghai, 
and  U.  S.  Naval  Hospital  at  Yokohama,  Japan. 

Prepaymsnt  of  postage  on  ordinary  letters  and  postal  cards  is  optional;  on  registered 
articles  and  parcel  post  packages  it  is  compulsory;  on  all  other  articles  it  must  be  at  least 
partially  prepaid.     Double  the  amount  of  deficiency  is   collected  upon  delivery. 


Class. 


Letters. 


Postal  Cards. 


Printed  Matter. 


Bates. 

Five  cents  for  the  first 
ounce  or  fraction,  three 
cents  for  each  additional 
ounce   or  fraction. 

England,  Ireland,  Scot- 
land, Wales  and  Newfound- 
land, also  Germany  by 
DIRECT  steamers  which 
land  the  mails  at  German 
ports;  two  cents  per  ounce 
or    fraction. 

Two  cents  each  for 
single. 

Four  cents  each  for 
double. 


One  cent  for  each  two 
ounces  or  fraction;  limit 
four  pounds   six  ounces. 


Remarks. 

No  limit  of  weight  or  size. 

Stamps  or  forms  of  prepayment,  cur- 
rent or  obsolete,  canceled  or  uncanceled, 
as  well  as  printed  matter  constituting 
the  sign  of  monetary  value  are  subject 
to   the   letter  rate. 


Post  cards  must  not  exceed  5%  inches 
in  length  by  3  %  inches  in  width  nor  be 
less  than  4  inches  in  length  and  2% 
inches  in  width  and  must  be  made  of 
cardboard  or  paper. 

They  must  not  be  inclosed  in  an 
envelope. 

Post  cards  (so  called)  consisting  of 
wood,  leather,  or  material  other  than 
cardboard  or  paper,  are  subject  to  treat- 
ment as  letters. 

An  address  label  not  exceeding  2  inches 
by  %  of  an  inch  may  be  pasted  on  the 
address  part  of  a  post  card. 

The  following  are  considered  as  prints, 
and  admitted  as  such  at  the  reduced  post- 
age applicable  to  "prints,"  viz.:  News- 
papers and  periodical  works,  printed  books 


POSTAL  SERVICE. 


721 


Clas8. 
Printed  Matter. 


Commercial  Papers. 


Samples 


Bates. 

(No  limit  of  weight  of  a 
single  printed  book  for  Sal- 
vador.) 

The  maximum  size  for 
prints  is  18  inches  in  any 
direction,  except  that  rolls 
of  printed  matter  which  do 
not  exceed  30  inches  in 
length  and  4  inches  in 
diameter  may  be  sent  by 
mail. 

Packages  of  printed  mat- 
ter exceeding  the  limit  of 
weight  and  size  prescribed 
for  prints  may  be  sent  by 
parcel  post  to  those  coun- 
tries with  which  the  United 
States  has  a  parcel  post 
convention,  subject  to  par- 
cel post  rates  and  condi- 
tions. 


Five  cents  for  the  first 
ten  ounces  or  less,  and  one 
cent  for  each  additional  two 
ounces  or  fraction. 

Limit  of  weight  and  size 
same  as  for  prints. 


Two  cents  for  the  first 
four  ounces  or  less,  and  one 
cent  for  each  additional  two 
ounces    or    fraction. 

Limit  of  weight,  twelve 
ounces. 


BemarkB. 
Stitched  or  bound,  pamphlets,  sheets  of 
music,  visiting  cards,  address  cards,  proofs 
of  printing  with  or  without  the  manu- 
scripts relating  thereto,  papers  with  raised 
points  for  the  use  of  the  blind,  engrav- 
ings, photographs  and  albums  containing 
photographs,  pictures,  drawings,  plans, 
maps,  catalogues,  prospectuses,  announce- 
ments and  notices  of  various  kinds, 
whether  printed,  engraved,  lithographed 
or  autographed,  and  in  general  all  im- 
pressions or  reproductions  obtained  upon 
paper,  parchment  or  cardboard,  by  means 
of  printing,  engraving,  lithographing  and 
autographing,  or  any  other  mechanical 
process  easy  to  recognize,  except  the 
copying-press  and  the  typewriter. 


Facsimile  copies  of  manuscripts  or 
typewriting  obtained  by  a  mechanical 
process  (polygraphy,  chromography,  etc.), 
are  assimilated  to  prints;  but  in  order  to 
pass  at  the  reduced  postage,  they  must 
be  mailed  at  the  postoffice  windows,  and 
in  the  minimum  number  of  twenty  per- 
fectly  identical   copies. 

"With  the  exception  of  cards,  prints 
must  be  wrapped  or  inclosed  so  that  the 
contents  may  be  easily  examined  without 
damaging   the   cover. 

The  following  are  considered  as  com- 
mercial papers,  viz. :  All  instruments  or 
documents  written  or  drawn  wholly  or 
partly  by  hand,  which  have  not  the  char- 
acter of  an  actual  and  personal  corre- 
spondence, such  as  old  letters  and  postal 
cards  which  have  fulfilled  their  original 
object,  papers  of  legal  procedure,  deeds 
of  all  kinds  drawn  up  by  public  func- 
tionaries, way-bills  or  bills  of  lading,  in- 
voices, the  various  documents  of  insur- 
ance companies,  copies  of  or  extracts  from 
deeds  under  private  signature,  written  on 
stamped  or  unstamped  paper,  scores  or 
sheets  of  manuscript  music,  manuscript 
for  publication,  forwarded  separately, 
original  and  corrected  tasks  of  pupils, 
excluding  all  comment  on  the  work,  etc. 
Commercial  papers  must  be  under  band 
or  in  an   open  envelope. 

Samples  of  merchandise  must  conform 
to  the  following  conditions:  must  be 
placed  in  bags,  boxes  or  removable  en- 
velopes in  such  a  manner  as  to  admit 
of  easy  inspection.  They  must  not  have 
any    salable    value,    nor   bear    any    manu- 


46 


722 


HILLYER^S  LEGAL  MANUAL. 


Class. 


Composite 
Packages. 


Bates. 

Limit  of  size,  twelve 
inches  by  eight  inches  by 
four  inches. 

When  in  the  form  of  a 
roll,  a  package  of  samples 
may  measure  twelve  inches 
in  length  and  six  inches  in 
diameter. 


Remarks, 
script,  other  than  the  name  or  the  social 
position  of  the  sender,  the  address  of  the 
addressee,  a  manufacturer's  or  trade-mark, 
numbers,  prices  and  indications  relating 
to  the  weight,  size  and  quantity  to  be 
disposed  of,  and  words  which  are  neces- 
sary to  precisely  indicate  the  origin  and 
nature  of  the  merchandise. 

Articles  of  glass,  liquids,  oils,  fatty 
substances,  dry  powders,  as  well  as  live 
bees,  are  admitted  to  the  mails  as 
"samples"  provided  they  are  packed  in 
the  following  manner: 

(a)  Articles  of  glass  must  be  packed 
solidly  in  boxes  of  metal  or  wood  in  a 
way  to  prevent  all  damage  to  other 
articles   or   the   employees. 

(b)  Liquids,  oils  and  substances  easily 
liquefiable  must  be  inclosed  in  glass 
bottles  hermetically  sealed.  Each  bottle 
must  be  placed  in  a  wooden  box  filled 
with  spongy  material  sufficient  to  absorb 
the  liquid  in  case  the  bottle  should  be 
broken.  Finally,  the  box  itself  must  be 
inclosed  in  a  case  of  metal  or  wood  with 
a  screw  top,  or  of  strong  and  thick 
leather.  If  wooden  blocks  perforated  to 
contain  several  vials  or  wooden  mailing 
cases  are  used,  measuring  at  least  one- 
tenth  of  an  inch  in  the  thinnest  part, 
lined  with  sufficient  absorbing  material 
and  furnished  with  a  lid,  the  blocks  need 
not  be  inclosed  in  a  second  case. 

(c)  Fatty  substances,  such  as  oint- 
ments, soft-soaps,  resins,  etc.,  must  be 
inclosed  in  an  inner  cover  (box,  linen 
bag,  parchment,  etc.),  which  must  be 
placed  in  a  second  box  of  wood,  metal 
or  strong,  thick  leather. 

(d)  Dry  powders  must  be  placed — if 
coloring — in  bags  of  leather,  gummed 
cloth  or  strong  oiled  paper;  and  if  not 
coloring,  in  boxes  of  metal,  wood  or  card- 
board, which  bags  or  boxes  must  be  in- 
closed in  a  cloth  or  parchment  bag. 

(e)  Live  bees  must  be  inclosed  in 
boxes  which  avoid  all  danger  and  per- 
mit examination  of  the  contents. 

It  is  permitted  to  inclose  in  the  same  package,  samples  of  mer- 
chandise, prints  and  commercial  papers,  but  subject  to  the  following 
conditions:  (1)  That  each  class  of  articles  taken  singly  shall  not 
exceed  the  limits  which  are  applicable  to  it  as  regards  weight  and 
size.  (2)  That  the  total  weight  of  the  package  must  not  exceed 
two  kilograms  (four  pounds  six  ounces).  That  the  minimum  charge 
shall  be  five  cents  when  the  package  contains  commercial  papers,  and 
two   cents  when  it  consists  of  printed  matter  and   samples. 


POSTAL  SERVICE.  723 

POSTAGE  RATES  ON  ARTICLES  FOR  CANADA,  CUBA,  MEXICO, 
THE  REPUBLIC  OF  PANAMA  AND  THE  UNITED  STATES 
POSTAL  AGENCY  AT  SHANGHAI. 

Articles  addressed  for  delivery  in  Canada,  Cuba,  Mexico  and  Re- 
public of  Panama  are  subject  to  the  same  postage  rates  and  conditions 
which  would  apply  to  them  if  they  were  addressed  for  delivery  in  the 
United  States :  Except  that : 

(a)  Letters  and  postal  cards  must  be  dispatched  to  Canada  and 
Mexico  if  prepaid  one  full  rate  of  postage  and  to  Cuba  and  Panama 
even  if  they  do  not  bear  postage  stamps.  Other  articles  for  Cuba  and 
Panama  will  be  dispatched  if  prepaid  at  least  in  part. 

(b)  Packages  of  "prints"  may  weigh  not  to  exceed  four  pounds,  six 
ounces. 

(c)  '^ Samples"  and  "commercial  papers"  may  be  sent  subject  to 
the  postage  rates  and  conditions  applicable  to  similar  articles  in  mails 
for  foreign  countries  generally. 

(d)  Plants,  seeds,  etc.,  mailed  to  Canada  are  subject  to  the  postage 
rate  of  one  cent  an  ounce. 

(e)  Articles  other  than  letters  in  their  usual  and  ordinary  form  are 
excluded  from  the  mails,  unless  they  are  so  wrapped  that  their  con- 
tents can  be  easily  examined  by  postmasters  and  customs  officers.  Any 
article  inclosed  in  an  envelope,  as  the  word  "envelope"  is  generally 
used,  without  regard  to  its  size,  is  considered  to  be  "in  the  usual  and 
ordinary  form"  of  a  letter.  But  unsealed  packages  may  contain,  in 
sealed  receptacles,  articles  which  cannot  be  safely  transmitted  in  un- 
sealed receptacles ;  provided,  the  contents  of  the  closed  receptacles  are 
plainly  visible  or  are  precisely  stated  on  the  covers  of  the  closed  re- 
ceptacles and  that  the  package  is  so  wrapped  that  the  outer  cover  can 
be  easily  opened. 

Second-class  Matter  for  Canada. — The  postage  rate  applicable  in  the 
United  States  to  "second-class  matter"  addressed  for  delivery  in  Can- 
ada is  one  cent  for  each  four  ounces  or  fraction  of  four  ounces,  calcu- 
lated on  the  weight  of  each  package  and  prepaid  by  means  of  postage 
stamps  affixed;  except  that  the  postage  rate  to  publishers  and  news 
agents  applicable  to  legitimate  daily  newspapers  issued  as  frequently 
as  six  times  a  week  addressed  to  bona  fide  subscribers  in  Canada,  is 
one  cent  a  pound  or  fraction  of  a  pound,  to  be  paid  at  the  office  of 
mailing  as  second-class  matter. 

Unmailable. — The  following  articles  are  unmailable  under  any  con- 
ditions, viz. : 

All  sealed  packages,  which,  from  their  form  and  general  appearance, 
evidently  are  not  letters ;  publications  which  violate  the  copyright  laws 
of  the  country  of  destination;  poisons,  explosive  or  inflammable  sub- 
stances; live  or  dead  (not  dried)  animals,  insects  (except  bees)  and 
reptiles;  fruits  and  vegetables  which  quickly  decompose,  and  sub- 
stances which  exhale  a  bad  odor,  lottery  tickets  or  circulars ;  all  obscene 
or  immoral  articles,  articles  which  may  destroy  or  damage  the  mails, 


724  HILLYER^S  LEGAL  MANUAL. 

or  injure  the  persons  handling  them;  and  to  Cuba  and  the  Republic 
of  Panama,  liquids  and  fatty  substances,  except  samples  thereof. 

Merchandise  for  Canada  and  Cuba  is  sent  as  domestic  parcel  post 
limited  to  four  pounds  six  ounces. 

Merchandise  for  Mexico  and  Panama  may  be  sent  as  domestic  par- 
cel post  limited  to  four  pounds  six  ounces,  or  by  international  parcel 
post  up  to  eleven  pounds  for  Panama  and  eleven  pounds  to  some  Mexi- 
can offices,  four  pounds  six  ounces  to  others. 

It  is  advisable  to  send  parcels  for  Mexico  and  Panama  by  inter- 
national parcel  post. 

They  cannot  be  insured;  but  can  be  registered. 

United  States  Postal  Agency  at  Shanghai,  China. — Articles  of  every 
kind  that  are  admitted  to  the  domestic  mails  of  the  United  States  may 
be  sent  by  mail  for  delivery  in  the  city  of  Shanghai  at  the  postage  rate 
and  under  the  conditions  which  apply  to  similar  articles  addressed  for 
delivery  in  the  United  States. 

Letters  for  Shanghai  specially  addressed  to  go  ''via  Siberia"  are  sub- 
ject to  Postal  Union  rates  and  conditions. 

United  States  Naval  Hospital  at  Yokohama,  Japan. — ^Articles  mailed 
in  the  United  States  addressed  to  the  officers  and  men  of  the  United 
States  Navy  in  the  U.  S.  Naval  Hospital  at  Yokohama,  are  subject  to 
domestic  rates  and  conditions. 

WITHDRAWAL. 

Withdrawing  Mail. — The  matter  of  withdrawing  mail  after  it  has 
reached  a  foreign  country  is  also  one  which  the  countries  of  the  Postal 
Union  permit  or  not  as  they  please.     Some  allow  it  and  some  do  not. 

The  withdrawal  of  mail  from  a  foreign  country  that  permits  such 
Avithdrawal  must  be  done  by  the  sender  through  the  postmaster  at  the 
dispatching  office,  who  will  take  the  matter  up  with  the  Second  Assist- 
ant Postmaster-General  in  Washington,  D.  C.  He  will  take  such  action 
as  may  be  necessary  and  the  mail  will  be  returned  to  him  for  delivery 
to  the  sender.  All  expense  for  telegraph  tolls,  etc.,  will  be  borne  by 
the  sender.  In  making  application  for  the  withdrawal  of  mail  from 
a  foreign  country,  the  particular  piece  of  mail  sought  to  be  withdrawn 
must  be  properly  identified,  as  in  the  case  of  a  withdrawal  of  domestic 
mail. 

The  legislation  of  Great  Britain  and  the  British  Colonies  (except 
Southern  Rhodesia,  Autigua,  Bahamas,  Barbados,  Ceylon,  Gold  Coast, 
British  Guiana,  Jamaica,  Zanzibar  and  the  Australian  Colonies),  in- 
cluding Canada  and  British  India ;  also  Haiti,  the  Dominican  Republic, 
Republic  of  Colombia  and  the  French  establishments  in  Oceanica  does 
not  allow  the  senders  of  articles  to  withdraw  them  from  the  mails. 
Consequently  senders  cannot  prevent  the  delivery  of  mail  to  the 
original  addressees  when  dispatched  for  delivery  to  any  one  of  these 
countries  from  the  United  States,  nor  from  those  countries  and  colonies 
to  the  United  States. 


POSTAL  SERVICE.  725 

PARCEL  POST. 

Domestic  and  Foreign. — In  the  Parcel  Post  System,  as  in  other  classes 
of  mail,  the  line  between  domestic  and  foreign  is  sharply  drawn.  The 
system  with  foreign  countries  has  been  established  for  some  years; 
the  domestic  system  has  been  running  only  since  January,  1913.  In 
this  short  time,  however,  it  has  developed  into  a  large  and  most  im- 
portant part  of  the  mail,  and  daily  it  is  broadening  out  into  an  arm 
of  the  service  that  is  distinct  from  all  others,  and  is  becoming  of 
increasing  value  as  it  becomes  more  generally  understood. 

Fourth-class  Mail  Only. — Under  the  act  of  Congress  establishing  the 
Parcel  Post  System  it  includes  what  under  the  old  classification  was 
fourth-class  mail  only.  Therefore  the  present  Parcel  Post  System  does 
not  include  such  articles  as  books,  photographs,  printed  matter  etc., 
that  are  third  class,  although  it  is  probable  that  before  long  all  such 
articles  will  be  included  in  the  general  term  ''merchandise,"  and  will 
be  accepted  for  shipment  under  the  parcel  post  rates. 

Classification. — The  classification  of  articles  mailable  as  well  as  the 
weight  limit,  the  rates  of  postage,  zone  or  zones,  and  other  conditions 
of  mailability  are  under  the  control  of  the  Postmaster-General,  and  if 
he  shall  find  on  experience  that  they  are  such  as  to  prevent  the  ship- 
ment of  articles  desirable,  or  permanently  to  render  the  cost  of  the 
service  greater  than  the  receipts  of  the  revenue  therefrom,  he  is  author- 
ized, subject  to  the  consent  of  the  Interstate  Commerce  Commission 
after  investigation,  to  reform  from  time  to  time  such  classification, 
weight,  limit,  rates,  zone  or  zones  or  conditions,  in  order  to  promote 
the  service  to  the  public  or  to  insure  the  receipt  of  revenue  from  such 
service  adequate  to  pay  the  cost. 

Weight  and  Measurement. — Under  the  present  parcel  post  regula- 
tions any  package  of  merchandise  properly  packed  for  mailing  and 
not  forbidden  under  the  mail  regulations,  will  be  accepted  for  mailing 
up  to  the  limit  of  eleven  pounds  in  weight  and  up  to  a  limit  of  size 
not  above  seventy-two  inches  in  length  and  girth  combined. 

In  this  matter  of  measurement  it  must  be  understood  that  a  package 
must  first  be  measured  along  its  longest  dimension  in  order  to  secure 
the  length,  and  it  then  must  be  measured  around  its  next  largest  dimen- 
sion in  order  to  secure  its  girth.  The  two  measurements  added 
together  must  not  exceed  seventy-two  inches.  Thus  a  hat  in  its  band- 
box must  first  be  measured  across  the  top  of  the  bandbox,  along  the 
long  diameter  if  it  be  oval,  and  then  around  top,  bottom  and  sides.  A 
spade  must  be  first  measured  for  its  full  length  and  to  this  must  be 
added  the  measurement  around  the  blade.  A  box  twenty-four  inches 
long  and  twelve  inches  on  each  side  will  measure  just  seventy-two 
inches  under  the  parcel  post  regulations  and  will  therefore  be  the  limit 
in  size. 

Zone  System. — Parcel  post  rates  are  based  upon  what  has  been 
designated  the  "zone  system,"  a  system  that  assigns  to  each  postofiice 
a  definite  relation  to  every  other  postoffice,  with  rates  fixed  according 
to  the  distance  of  one  from  the  other. 


726 

In  establishing  this  zone  system  the  United  States  has  been  divided 
into  ''units  of  area,"  each  unit  being  thirty  minutes  of  measurement 
or  about  thirty  miles,  to  a  side.  This  in  space  measurement  is  one- 
quarter  of  a  degree,  or  one-quarter  of  the  area  formed  by  the  intersec- 
tion of  the  parallels  of  latitude  and  the  meridians  of  longitude.  The 
zones  are  measured  from  the  center  of  each  one  of  these  units.  They 
are  as  follows : 

First  Zone. — All  territory  included  within  the  local  delivery  of  any 
office ;  the  first  zone  rate  to  apply  to  all  packages  deposited  at  an  office 
or  on  any  of  its  rural  routes  for  local  delivery,  or  for  delivery  on  any 
of  the  rural  routes  emanating  from  that  office. 

Second  zone — All  territory  outside  the  first  zone  and  with  a 
radius  of  one  hundred  and  fifty  miles. 

Third  zone — ^All  territory  outside  the  second  zone  and  included 
within  a  radius  of  three  hundred  miles. 

Fourth  zone — All  territory  outside  the  third  zone  and  included 
within  a  radius  of  six  hundred  miles. 

Fifth  zone — All  territory  outside  the  fourth  zone  and  included  within 
a  radius  of  one  thousand  miles. 

Sixth  zone — All  territory  outside  the  fifth  zone  and  included  within 
a  radius  of  one  thousand  four  hundred  miles. 

Seventh  zone — All  territory  outside  the  sixth  zone  and  included 
within  a  radius  of  one  thousand  eight  hundred  miles. 

Eighth  zone — All  territory  outside  the  seventh  zone. 

All  units  of  area  cut  by  a  zone  line  drawn  on  the  proper  radius  are 
considered  wholly  within  the  zone  line  that  cuts  them. 

Every  postoffice  in  the  United  States  is  assigned,  according  to  its 
geographical  position,  to  one  of  these  units  of  area.  If  therefore  it  be 
known  in  what  unit  of  area  a  certain  postoffice  lies,  it  is  only  necessary 
to  draw  the  zones  to  proper  scale  from  the  center  of  the  unit  to  find 
out  its  relation  to  every  other  postoffice  in  the  country. 

Maps  showing  all  units  of  area  and  with  zone  lines  drawn  for  any 
particular  postoffice,  together  with  a  guide  showing  the  unit  of  area  in 
which  every  postoffice  in  the  United  States  is  located,  can  be  had  from 
the  Postoffice  Department  for  seventy-five  cents. 

Rates  and  Postage. — Parcels  weighing  four  ounces  or  less  are  mail- 
able at  the  rate  of  one  cent  for  each  ounce  or  fraction  of  an  ounce,  re- 
gardless of  distance.  Parcels  weighing  more  than  four  ounces  are 
mailable  at  the  pound  rates  shown  in  the  following  table,  a  fraction 
of  a  pound  being  considered  a  full  pound. 


POSTAL  SERVICE.  727 

The  rates  for  the  different  zones  are  as  follows: 

First-  Second-  Third-  Fourth-  Fifth-  Sixth-  Seventh-  Eighth- 
Weight,                      zone  zone  zone  zone  zone  zone  zone  zone 
rate.  rate.  rate.  rate.  rate.  rate.  rate.  rate. 

1  pound $0.05  $0.05  $0.07  $0.08  $0.09  $0.10  $0.11  $0.12 

2  pounds 06  .06  .12  .14  .16            .19  .21  .24 

3  pounds 06  .07  .17  .20  .23           .28  .31  .36 

4  pounds 07  .08  .22  .26  .30           .37  .41  .48 

5  pounds 07  .09  .27  .32  .37           .46  .51  .60 

6  pounds 08  .10  .32  .38  .44           .55  .61  .72 

7  pounds 08  .11  .37  .44  .51            .64  .71  .84 

8  pounds 09  .12  .42  .50  .58           .73  .81  .96 

9  pounds 09  .13  .47  .56  .65           .82  .91  1.08 

10  pounds 10  .14  .52  .62  .72  .91         1.01  1.20 

11  pounds 10  .15  .57  .68  .79         1.00         1.11  1.32 

Packages  up  to  four  ounces  1  cent  an  ounce  for  all  zones. 

1st  or  2d  zone,  limit  of  20  pounds;  3d  to  8th  zone,  inclusive,  limit  of  11  pounds. 

Other  rates  and  zones  unchanged. 

Rates  Over  Eleven  Pounds. 

First        Second  First         Second  First        Second 

Weight.  Zone.         Zone.         Weight.        Zone.  Zone.         Weight.        Zone.         Zone. 

12  pounds $0.11       $0.16       15  lbs.       $0.12       $0.19       18  lbs.       $0.14     $0.22 

13  pounds 11  .17       16  lbs.  .13  .20       19  lbs.  .14  .23 

14  pounds 12  .18       17  lbs.  .13  .21       20  lbs.  .15  .24 

The  parcel  post  rate  between  any  point  in  the  United  States  and  any 
point  in  the  Hawaiian  Islands,  the  United  States  Postal  Agency  at 
Shanghai,  and  any  point  in  Alaska,  and  between  any  two  points  in 
Alaska,  except  for  parcels  weighing  four  ounces  or  less,  on  which  the 
rate  is  one  cent  for  each  ounce  or  fraction  thereof,  shall  be  twelve 
cents  for  the  first  pound  and  twelve  cents  for  each  additional  pound 
or  fraction  thereof.  These  rates  also  apply  to  parcels  mailed  in  the 
United  States  for  delivery  in  the  Canal  Zone,  and  to  parcels  between 
the  Philippine  Islands  and  any  portion  of  the  United  States,  including 
the  District  of  Columbia  and  the  several  Territories  and  possessions. 

The  eighth  zone  rate  of  postage,  except  on  parcels  weighing  four 
ounces  or  less,  on  which  the  rate  shall  be  as  prescribed  in  section  3, 
shall  apply  to  all  parcels  of  fourth-class  matter  mailed  in  the  United 
States  for  delivery  in  Canada,  Mexico,  Cuba,  and  the  Republic  of 
Panama:  Provided  (a).  That  as  prescribed  by  existing  special  postal 
conventions  with  these  countries  such  parcels  shall  not  exceed  two 
kilograms  (4  lbs.  6  ozs.)  in  weight,  and  (b)  that  nothing  in  this  section 
shall  affect  the  dispatch  of  parcel  post  packages  to  Mexico  and  the 
Republic  of  Panama  up  to  eleven  pounds  (5  kilograms)  in  weight 
under  the  existing  parcel  post  conventions  with  these  countries. 

Seeds,  cuttings,  bulbs,  roots,  scions,  and  plants  are  matter  of  the 
fourth  class,  notwithstanding  that  a  special  rate  of  postage  (one  cent 
for  each  two  ounces  or  fraction  thereof  regardless  of  distance)  applies 
thereto.  The  limit  of  weight  is  increased  to  eleven  pounds  by  the  par- 
cel post  law,  but  no  other  change  is  made. 

Cut  flowers,  dried  plants,  and  botanical  specimens  not  susceptible  of 
propagation  are  transmissible  at  parcel  post  rates. 


728 

Samples  of  wheat  or  other  grain  in  its  natural  condition,  potatoes, 
beans,  peas,  chestnuts,  acorns,  etc.,  when  intended  for  planting,  must 
be  prepaid  at  the  special  rate  of  postage,  but  when  intended  to  be  used 
as  food  the  parcel  post  rates  apply. 

Any  stamps  are  acceptable  for  the  payment  of  postage  on  parcel  post 
matter.  If  unpaid  or  insufficiently  paid,  a  parcel  shall  be  held  for 
postage  and  the  sender  or  the  addressee  will  be  notified  of  the  proper 
amount  of  postage  that  must  be  forwarded  to  insure  its  dispatch  or 
delivery. 

Parcels  under  four  ounces  may  be  dropped  in  a  mail  box,  but  parcels 
over  four  ounces  in  weight,  and  all  insured  parcels  or  parcels  sent  C. 
0.  D.  must  be  brought  to  a  postoffice  or  station  and  there  handed  to  a 
window  clerk  assigned  to  the  duty  of  handling  parcel  post. 

Parcels  collected  on  star  routes  must  be  deposited  in  the  next  post- 
office  at  which  the  carrier  arrives  and  postage  charged  at  the  rate  from 
that  office. 

Postmasters  must  examine  parcels  when  presented  for  mailing  to 
ascertain  that  the  postage  is  fully  prepaid. 

When  any  parcel  offered  for  mailing  is  sealed  or  otherwise  closed 
against  inspection,  or  contains  or  bears  writing  not  permissible,  it  is 
subject  to  postage  at  the  first-class  rate  and  shall  be  treated  as  first- 
class  matter  (except  as  provided  in  the  case  of  proprietary  articles  in 
original  packages,  etc.)  If  such  a  parcel  exceeds  four  pounds  in 
weight  it  is  unmailable. 

A  parcel  containing  two  or  more  classes  of  mail  matter  is  chargeable 
with  postage  at  the  rate  applicable  to  the  highest  class  of  matter  in- 
closed. A  parcel  composed  of  two  articles,  one  being  matter  of  the 
third  class  and  the  other  matter  of  the  fourth  class,  is  chargeable  with 
postage  at  the  fourth-class  rate  w^hen  such  postage  is  equal  to  or 
greater  than  that  which  would  be  chargeable  if  the  third-class  rate 
were  applicable.  However,  when  the  postage  on  a  parcel  containing 
both  third  and  fourth  class  matter  amounts  to  more  at  the  third-class 
than  at  the  fourth-class  rate,  owing  to  the  graduated  zone  rates,  the 
parcel  must  be  charged  with  postage  at  the  third-class  rate  (one  cent 
for  each  two  ounces  or  fraction  of  two  ounces),  and  in  such  case  the 
parcel  must  not  exceed  four  pounds  in  weight,  unless  it  is  a  single 
book. 

Packages  of  merchandise  packed  according  to  parcel  post  regula- 
tions and  unsealed  will  be  accepted  under  a  government  frank  up  to  a 
weight  of  eleven  pounds. 

Insufficiently  Prepaid  Matter,  etc. — Parcel  post  mail  insufficiently 
prepaid,  if  the  sender  cannot  be  located,  will  be  held  for  postage  and 
the  addressee  notified.  Matter  which  is  insufficiently  or  illegibly 
addressed  will  be  returned  to  the  sender  at  the  rate  of  postage  originally 
paid.  If  the  sender  is  unknown,  the  matter  will  be  sent  to  the  Divi- 
sion of  Dead  Letters,  at  Washington,  D.  C,  or  destroyed. 

Forwarding. — Parcels  will  be  remailed  or  forwarded  on  payment  of 
additional  postage  at  the  rate  that  would  be  charged  if  they  were 


POSTAL  SERVICE.  729 

originally  mailed  from  the  forwarding  office,  the  necessary  stamps 
being  affixed  by  the  forwarding  postmaster.  Payment  must  be  made 
each  time  a  parcel  is  forwarded. 

Delivery. — The  same  rules  for  delivery,  as  set  forth  under  "Mail 
Matter,  Delivery,"  apply  as  well  to  parcel  post  as  to  other  mail. 

Parcel  post  packages  will  be  delivered  as  promptly  as  possible.  If 
wrongly  addressed  an  effort  will  be  made  to  find  the  proper  address 
at  which  they  can  be  delivered,  and  if  a  forwarding  order  is  on  file  the 
addressee  will  be  notified  that  a  parcel  addressed  to  his  old  address 
is  being  held  and  that  if  the  proper  amount  of  postage  be  sent,  the 
amount  being  designated,  the  parcel  will  be  forwarded  to  him. 

If  packages  that  contain  matter  that  decays  quickly,  or  that  is 
otherwise  perishable,  or  likely  to  become  offensive,  should  be  found 
undeliverable,  the  package  will  be  destroyed,  or  if  deemed  proper,  the 
postmaster  may  turn  it  over  to  some  hospital,  asylum,  or  other  chari- 
table or  reformatory  institution. 

Parcels  may  be  given  the  benefit  of  special  delivery  service  under 
the  usual  special  delivery  rules.     (See  Special  Delivery.) 

Prepaj-ation  for  Mailing. — Parcels  must  be  prepared  for  mailing  in 
such  manner  that  the  contents  can  be  easily  examined. 

A  parcel  must  not  be  accepted  for  mailing  unless  it  bears  the  name 
and  address  of  the  sender  preceded  by  the  word  ''From." 

Special  care  should  be  used  in  packing  parcels  w^hich  contain  liquids, 
butter,  eggs,  or  other  matter  easily  injured  in  transit,  or  which  if 
broken  may  damage  other  mail  matter. 

Fragile  articles,  such  as  liquids,  millinery,  toys,  musical  instruments, 
etc.,  and  articles  consisting  of  wholly  or  in  part  glass,  or  contained  in 
glass,  must  be  securely  packed,  and  attention  should  be  called  at  the 
time  of  mailing  to  the  fact  that  the  package  contains  fragile  matter, 
in  order  that  it  may  be  properly  stamped  ''Fragile,"  thus  insuring 
special  treatment  in  the  mails. 

Perishable  articles  must  be  stamped  at  the  office  of  mailing  with  the 
word  "Perishable,"  in  order  that  proper  treatment  may  be  given  such 
mail. 

It  is 'extremely  important  that  parcels  be  packed  in  accordance  with 
the  directions  outlined  herein,  as  investigations  of  complaints  of  dam- 
age to  parcels  in  the  mail  show,  in  most  cases,  that  the  damage  is  due 
to  failure  sufficiently  and  securely  to  wrap  the  parcels  for  safe  trans- 
mission. 

Boxes  to  which  the  lids  are  nailed  or  screwed  will  be  accepted, 
if  with  reasonable  effort  the  lids  may  be  removed  for  the  purpose  of 
examining  the  contents. 

Sewed  Bags  will  be  accepted,  provided  it  is  apparent  that  the  con- 
tents thereof  is  wholly  fourth-class  matter. 

Medicines  composed  wholly  or  in  part  of  poison  or  poisons,  and  anes- 
thetic agents,  which  are  not  outwardly  or  of  their  own  force  dangerous 
or  injurious  to  life,  health,  or  property,  and  not  in  themselves  unmail- 


730 

able  (see  Mail  Matter — Unmailable),  when  properly  packed,  will  be 
accepted  for  mailins:  from  the  manufacturer  thereof,  or  dealer  therein, 
to  licensed  physicians,  surgeons,  pharmacists,  or  dentists. 

Dangerous  Articles  otherwise  admissible,  which  from  their  form  or 
nature  misrht  dama<re  other  mail  matter  or  equipment,  or  injure  the 
person  of  any  postal  employee,  may  be  mailed  when  packed  in  accord- 
ance with  the  followino;  conditions: 

When  not  Liquid  or  Liquefiable,  they  must  be  placed  in  a  bag,  box, 
or  removable  envelope,  or  wrapping,  made  of  paper,  cloth,  parchment, 
or  similar  material,  and  inclosed  in  a  box  or  tube  of  metal  or  wood, 
with  a  sliding  clasp  or  screw  lid.  In  the  case  of  such  articles  liable  to 
break,  the  inner  box,  bag,  envelope,  or  wrapping  must  be  surrounded 
by  sawdust,  excelsior,  cotton,  or  other  similar  substances. 

Liquids,  Oils,  Pastes,  Salves,  or  other  articles  easily  liquefiable,  will 
be  accepted  for  mailing  when  intended  for  delivery  at  the  office  of 
mailing  or  on  a  rural  route  starting  therefrom,  when  inclosed  in  a  glass 
or  metal  container,  securely  closed  and  heavily  wrapped,  provided  it 
be  not  necessary  to  transport  them  over  steam  or  electric  railways. 
They  will  be  accepted  for  mailing  regardless  of  distance,  when  packed 
as  follows: 

When  in  strong  glass  bottles,  holding  four  ounces  or  less,  the  total 
quantity  sent  in  one  parcel  shall  not  exceed  twenty-four  ounces,  liquid 
measure.  Each  bottle  shall  be  wrapped  in  paper  or  other  absorbent 
substance  and  placed  in  a  box  made  of  cardboard  or  other  suitable 
material  and  then  placed  in  a  box  and  packed  in  a  container  made  of 
double-faced  corrugated  pasteboard  of  good  quality.  The  comers  of 
the  container  must  fit  tightly  and  be  reinforced  with  tape  so  as  to  pre- 
vent the  escape  of  any  liquid  if  the  contents  should  be  broken,  and  the 
whole  parcel  shall  be  securely  wrapped  with  strong  paper  and  tied 
with  twine.  Single  bottles  of  liquid  holding  four  ounces  or  less  may 
also  be  packed  as  prescribed  in  the  following  paragraph : 

When  in  glass  bottles  holding  more  than  four  ounces,  the  total  quan- 
tity sent  in  one  parcel  shall  not  exceed  sixteen  ounces,  liquid  measure. 
The  bottle  must  be  very  strong  and  must  be  inclosed  in  a  block  or  tube 
of  metal,  wood,  papier-mache,  or  similar  material :  and  there  must  be 
provided  between  the  bottle  and  the  block  or  tube  a  cushion  of  cotton, 
felt,  or  other  absorbent.  The  block  or  tube  must  be  at  least  five  thirty- 
seconds  of  an  inch  thick  in  its  thinnest  part  for  bottles  holding  eight 
ounces  or  less,  and  at  least  three-sixteenths  of  an  inch  thick  for  bottles 
holding  more  than  eight  ounces.  The  block  or  tube  must  be  rendered 
water-tight  by  an  application  on  the  inside  of  paraffine  or  other  suit- 
able substance  and  must  be  closed  by  a  screw-top  cover  with  sufficient 
screw  threads  to  require  at  least  one  and  one-half  complete  turns  be- 
fore it  will  come  off.  The  cover  must  be  provided  with  a  washer  so 
that  no  liquid  will  escape  if  the  bottle  should  be  broken. 

Inflammable  Liquids  are  held  to  be  any  liquid  or  liquid  mixture  that 
gives  off  inflammable  vapors  at  or  below  a  temperature  of  80°  Fahren- 
heit,   and    therefore    liquids    having    a    flash-point    higher    than    80° 


POSTAJj  SERVICE.  731 

Fahrenheit  will  be  accepted  for  mailing,  when  packed  as  outlined  in 
the  foregoing. 

Butter,  Lard,  Fish,  Fresh  Meats,  Dressed  Fowls,  Vegetables,  Fruits, 
Berries,  and  other  such  perishable  articles  which  decay  quickly,  when 
so  packed  or  wrapped  as  to  prevent  damage  to  other  mail  matter, 
will  be  accepted  for  local  delivery,  either  at  the  office  of  mailing,  or 
any  rural  route  starting  therefrom.  When  inclosed  in  any  inner  cover 
and  a  strong  outer  cover  of  wood,  metal,  heavy  corrugated  pasteboard 
or  other  suitable  material,  and  wrapped  so  that  nothing  can  escape 
from  the  package,  they  will  be  accepted  for  mailing  to  all  offices  within 
the  first  zone.  When  intended  for  delivery  at  offices  beyond  the  first 
zone,  they  must  be  packed  in  accordance  with  the  foregoing  sections 
relating  to  liquids,  oils,  pastes,  salves,  or  other  articles  easily  liquefiable 
accepted  for  mailing  regardless  of  distance. 

Meat  and  Meat  Food  Products  will  be  accepted  for  mailing  from  one 
State  or  Territory  or  the  District  of  Columbia  to  another  State  or 
Territory  or  the  District  of  Columbia,  when  the  provisions  of  the  Act 
of  June  30,  1906,  and  the  regulations  promulgated  thereunder  bj^  the 
Department  of  Agriculture,  have  been  complied  w^ith,  and  when  prop- 
erly packed;  except  that  fresh  meat  will  be  accepted  for  mailing  to 
offices  within  the  first  zone  only. 

Vegetables  and  Fruits  which  do  not  decay  quickly  will  be  accepted 
for  mailing  to  any  zone  if  packed  so  as  to  prevent  damage  to  other 
mail  matter. 

Eggs  will  be  accepted  for  local  delivery  when  so  packed  in  a  basket 
or  other  container  as  to  prevent  damage  to  other  mail  matter.  They 
will  be  accepted  for  mailing  regardless  of  distance  when  each  egg  is 
wrapped  separately  and  surrounded  with  excelsior,  cotton,  or  other 
suitable  material,  and  packed  in  a  container  made  of  double  corrugated 
pasteboard,  metal,  wood,  or  other  suitable  material  in  such  manner  as 
to  place  each  egg  on  its  end  and  to  prevent  them  from  striking  to- 
gether or  against  the  side  or  top  of  the  container.  Also  there  must  be 
an  outer  cover  of  double  corrugated  pasteboard,  metal,  wood  or  other 
suitable  material,  and  wrapped  so  that  nothing  can  escape  from  the 
packages.     All  such  parcels  must  be  marked  "Eggs." 

Flour  of  all  kinds  must  be  put  up  in  such  manner  as  to  prevent  the 
package  breaking  or  cracking  or  the  flour  being  scattered  in  the  mails. 

Candies,  Confectionery,  Yeast  Cakes,  Soap  in  hard  cakes,  etc.,  must 
be  inclosed  in  boxes  and  so  wrapped  as  to  prevent  injury  to  other  mail 
matter. 

Seeds  and  other  admissible  articles,  which  are  liable  from  their 
form  or  nature  to  loss  or  damage,  unless  specially  protected,  may  be 
put  up  in  sealed  envelopes  of  material  sufficiently  transparent  to  show 
the  contents  clearly  without  opening. 

Seeds  of  fruit,  Nursery  Stock,  and  all  other  Plant  Products  for 
propagation,  must  be  mailed  in  accordance  with  th€  instructions  of  th« 
Department  of  Agriculture. 


732 

Queen  Bees,  Live  Insects,  and  Dried  Reptiles  may  be  mailed  in  ac- 
cordance with  the  instructions  of  the  Department  of  Agriculture. 

Specimens  of  Dried  Blood  or  of  Diseased  Tissues  infected  with  com- 
municable diseases,  Cultures  and  Tubercular  Sputum  may  be  mailed  in 
accordance  with  instructions  of  the  Treasury  Department  (Bureau  of 
Public  Health  and  Marine  Hospital  Service). 

Hides,  Pelts,  or  Furs  which  have  been  cured  or  thoroughly  dried  and 
have  no  bad  odor,  will  be  admitted  to  the  mails  if  properly  packed  so 
as  to  prevent  grease  soaking  through  the  wrapper  when  subjected  to 
the  warmth  of  mail  cars  and  postoffices. 

Ink  Powders,  Snuflf,  Pepper,  or  other  similar  powders,  not  explosive, 
or  any  similar  pulverized  dry  substance,  not  poisonous,  will  be  ac- 
cepted for  mailing  when  packed  in  the  manner  prescribed  herein  for 
liquids,  or  when  inclosed  in  cases  made  of  metal,  wood,  papier-mache, 
or  similar  material,  in  such  manner  as  to  render  impossible  the  escape 
of  any  of  the  contents. 

Hats,  when  mailed  in  a  pasteboard  box,  should  be  securely  crated  or 
inclosed  in  a  wooden  box  of  sufficient  strength  to  withstand  ordinary 
usage. 

Castings,  Hardware,  Plow  Points,  Pieces  of  Machinery,  etc.,  should 
be  wrapped  to  prevent  damage  to  mail  and  equipment  by  their  sharp 
points  and  rough  edges. 

Sharp  Pointed  Instruments  should  be  packed  with  their  points 
capped  or  encased,  so  that  they  cannot  cut  through  their  covering. 

Blades  should  be  bound  so  that  they  will  remain  firmly  attached  to 
each  other  or  within  their  handles  or  sockets. 

Firearms^  either  complete  or  in  detached  parts,  will  be  accepted  if 
properly  packed.     They  must  not  be  loaded. 

Clothing,  Dry-goods,  Shoes,  etc.,  should  be  so  put  up  as  to  reach  their 
destination  in  unbroken  packages,  as,  when  the  wrappers  are  broken, 
the  contents  are  liable  to  be  soiled  and  damaged. 

Proprietary  articles  in  sealed  original  packages,  such  as  soap, 
tobacco,  pills,  tablets,  etc.,  put  up  in  fixed  quantities  by  the  manufac- 
turer, and  not  in  themselves  unmailable,  will  be  accepted  for  mailing 
when  properly  packed. 

Post  Cards,  either  blank  or  bearing  pictures  or  printing  on  the  mes- 
sage side,  when  sent  in  bulk,  may  be  mailed  as  parcel  post  matter. 

Catalogues.     (See  Parcel  Post — Permissible  Additions.) 

Coin,  National  Bank  Notes,  and  United  States  Treasury  notes,  will 
be  accepted  for  mailing  when  properly  packed. 

Permissible  Additions. 

In  addition  to  the  name  and  address  of  the  sender,  which  is  required, 
it  is  permissible  to  write  or  print  on  the  covering  of  a  parcel,  or  on  a 
tag  or  label  attached  to  it,  the  occupation  of  the  sender,  and  to  indi- 
cate in  a  small  space  by  means  of  marks,  letters,  numbers,  names,  or 


POSTAL  SERVICE.  ^  733 

other  brief  description,  the  character  of  the  parcel,  but  ample  space 
must  be  left  on  the  address  side  for  the  full  address  in  legible  charac- 
ters, and  for  the  necessary  postage  stamps.  Inscriptions  such  as 
^' Merry  Christmas,"  ''Please  do  not  open  until  Christmas,"  ''Happy 
New  Year,"  "With  Best  Wishes,"  and  the  like,  may  be  placed  on  the 
covering  of  the  parcel  in  such  manner  as  not  to  interfere  with  the 
address. 

Simple  directions  for  repairing  merchandise,  placed  on  or  with  such 
articles,  are  regarded  as  for  the  purpose  of  description,  as  are  also 
directions  for  taking  medicine  written  on  a  label  attached  to  or  inclosed 
in  such  package,  and  are  permissible. 

Printing  on  an  article  of  merchandise,  or  on  its  wrapper,  or  on  a  label 
pasted  to  it  in  such  manner  as  to  form  an  integral  part  of  it,  is  also 
permissible.  Printed  matter  relating  to  an  article  of  merchandise 
which  it  accompanies,  is  regarded  as  descriptive  of  the  article,  and  is 
permissible. 

Order  forms,  mainly  in  print,  are  third-class  matter.  However,  a 
single  order  form,  mainly  in  print,  may  be  inclosed  with  a  parcel  post 
mail,  as  may  also  a  bill  or  invoice  showing  in  writing  or  printing  the 
name  and  address  of  the  sender  and  of  the  addressee,  the  names  and 
quantities  of  articles  inclosed,  together  with  inscriptions  indicating 
"for  purpose  of  description"  the  price,  style,  stock  number,  size  and 
quality  of  the  articles,  the  order  or  file  number,  date  of  order  and  date 
and  manner  of  shipment,  the  initials  or  name  of  the  salesman,  or  of 
the  person  by  whom  the  articles  were  packed  or  checked.  This  invoice 
may  be  inclosed  in  a  combination  address  tag  and  envelope,  and  may 
contain  a  reference  to  a  card  or  letter  (sent  separately)  concerning 
repairs,  etc.,  also  a  request  for  the  return  of  the  envelope. 

Printed  catalogues  are  third-class  mail,  and  samples  of  merchandise 
permanently  attached  thereto  will  not  affect  their  classification  as  such 
when  such  samples  constitute  only  an  incidental  feature  of  the  cata- 
logue, such  samples  being  considered  an  incidental  feature  when  less 
than  twenty  per  cent  of  the  space  in  a  catalogue  is  occupied  by  them. 
When  at  least  twenty  per  cent  of  the  space  in  a  catalogue  is  occupied 
with  samples  of  merchandise,  permanently  attached  thereto,  the  cata- 
logue will  be  considered  as  parcel  post  mail. 

Unmailable. — All  articles  covered  in  the  laws  defining  unmailable 
matter  (See  Mail  Matter — Unmailable)  are  inadmissible  to  the  parcel 
post  mail,  and  in  addition  the  following : 

Raw  or  green  hides,  pelts,  or  furs,  and  hides,  pelts,  or  furs  which 
have  a  bad  odor.  Lye,  powdered  or  solid.  Live  or  dead  (and  not 
stuffed)  animals,  birds,  or  poultry  (except  as  prescribed  herein),  guano, 
or  any  article  having  a  bad  odor. 

Spirituous,  vinous,  malted,  fermented  or  other  intoxicating  liquors 
of  any  kind. 

All  matter  not  properly  packed  or  prepared  for  mailing. 

Insurance. — Parcels  may  be  insured  to  their  value  or  to  a  maximum 
limit  of  fifty  dollars.     Should  the  parcel  be  of  the  value  of  twenty-five 


734  HILLYER^S  LEGAL   MANUAL. 

dollars  or  less  it  may  be  insured  to  a  maximum  of  twenty-five  dollars 
for  a  fee  of  five  cents,  payable  in  stamps  affixed  to  the  parcel.  Should 
the  parcel  be  of  a  value  over  twenty-five  dollars  it  may  be  insured  to 
a  maximum  of  fifty  dollars  for  a  fee  of  ten  cents,  payable  in  stamps 
affixed  to  the  parcel. 

Domestic  parcel  post  packages  cannot  be  registered. 

A  receipt  will  be  given  to  the  sender  for  every  insured  parcel  mailed, 
and  if  so  desired,  and  a  request  to  that  effect  be  indorsed  upon  the 
insurance  tag  that  must  be  affixed  to  every  insured  parcel,  a  return 
receipt  from  the  addressee  will  be  secured  and  forwarded  back  to  the 
sender. 

The  liability  of  the  Postoffice  Department  will  cease  when  delivery 
of  an  insured  parcel  shall  have  been  effected. 

Also  indemnity  will  be  paid  only  for  loss  or  damage  that  amounts 
to  total  loss. 

C.  0.  D.  Parcels. — Parcel  post  packages  sent  C.  0.  D.  will  be  ac- 
cepted for  mailing  on  the  payment  of  a  fee  of  ten  cents,  payable  by 
stamps  affixed. 

Collection  up  to  the  value  of  one  hundred  dollars  will  be  made  on 
any  C.  O.  D.  package,  and  the  amount  collected  will  be  remitted  to  the 
sender  by  money  order.  On  mailing  a  C.  O.  D.  package  the  sender 
will  make  out  the  necessary  tag  and  affix  it  to  the  parcel.  This  tag  will 
bear  the  amount  that  is  to  be  collected  from  the  addressee.  To  this 
will  be  added  by  the  receiving  clerk  the  amount  of  the  fee  necessary 
to  return  the  amount  of  the  collection  to  the  sender  by  money  order, 
and  this  total  amount  will  be  collected  from  the  addressee  before  de- 
livery. The  sender  will  be  given  a  receipt  for  his  C.  0.  D.  parcel,  but 
no  receipt  from  the  sender  will  be  given,  the  return  of  the  amount  of 
the  collection  being  held  to  be  sufficient  receipt  from  him. 

The  payment  of  the  ten-cent  fee  for  C.  0.  D.  also  includes  the  in- 
surance of  the  parcel  up  to  its  value  or  a  maximum  of  fifty  dollars. 

Addressees  will  not  be  permitted  to  examine  a  C.  0.  D.  parcel  before 
delivery  and  collection. 

Postage  and  collection  fee  must  be  prepaid  on  all  C.  O.  D.  parcels, 
but  the  amount  of  the  postage  and  fee  may  be  included  in  the  amount 
to  be  collected  from  the  addressee. 

The  use  of  the  ''permit"  and  precanceled  stamps  is  permitted  on 
domestic  parcel  post  mail.     (See  Postage  and  Classification.) 

Foreign  Parcel  Post. 

Parcels  submitted  for  mailing  in  this  country  are  subject  to  all  the 
rules  regarding  mailability,  preparation  and  prohibition  that  relate  to 
domestic  parcel  post.  In  addition  a  parcel  is  subject  to  all  the  regu- 
lations that  govern  mail  in  the  country  to  which  it  is  addressed.  Thus, 
a  parcel  mailable  in  this  country  might  not  be  mailable  to  some  foreign 
countries  and  might  be  acceptable  in  others.  If  unmailable  in  this 
country,  however,  it  would  not  be  accepted  even  to  countries  where 
it  might  be  considered  mailable. 


POSTAL  SERVICE.  735 

Also  in  the  foreign  parcel  post  system  the  matter  of  customs  is  in- 
volved, and  it  is  therefore  necessary  to  affix  to  each  foreign  package 
a  tag  form  of  customs  declaration,  setting  forth  the  contents  of  the 
package  and  its  value.  This  tag,  verified  by  an  examination  of  the 
contents  of  the  parcel,  form  the  basis  on  which  the  duty  on  the  parcel, 
if  any,  is  assessed  and  collected  on  delivery.  This  same  system  for 
the  declaration  of  value  and  contents,  and  the  assessment  of  the  duty 
thereon  applies  to  both  incoming  and  outgoing  parcels. 

It  is  also  frequently  necessary  in  the  delivery  of  certain  foreign  par- 
cels to  collect  a  delivery  charge,  generally  five  cents,  from  the  ad- 
dressee. 

The  following  countries  have  Parcel  Post  conventions  with  the 
United  States: 

Australia,  Austria,  Bahamas,  Barbados,  Belgium,  Bermuda,  Bolivia, 
Brazil,  British  Guiana,  Chile,  Colombia,  Costa  Rica,  Curacao,  Danish 
West  Indies  (St.  Croix,  St.  John  and  St.  Thomas),  Denmark  (including 
Iceland  and  Faroe  Islands),  Dominican  Republic,  Dutch  Guiana, 
Ecuador,  France,  Germany,  Great  Britain,  including  Ireland,  Guada- 
loupe,  Guatamala,  Haiti,  Honduras  (British),  Honduras  (Republic  of), 
Hong  Kong,  Hungary,  Italy,  Jamaica,  including  the  Turks  and  Caicos 
Islands;  Japan,  including  Formosa,  Karafuto  (Japanese  Saghalien),  and 
Korea;  Leeward  Islands  (Antigua  with  Barbuda  and  Redonda,  St. 
Kitts,  Nevis,  with  Anguilla,  Dominica,  Montserrat  and  the  Virgin 
Islands)  ;  Martinique,  Netherlands,  Newfoundland,  New  Zealand,  in- 
cluding Fanning  Island,  Nicaragua,  Norway,  Panama  (Republic),  Peru, 
Salvador,  Sweden,  Trinidad,  including  Tobago,  Uruguay  (cannot  regis- 
ter), Venezuela,  Windward  Islands  (Grenada,  St.  Vincent,  the  Grena- 
dines, and  St.  Lucia). 

Postage  on  every  foreign  parcel  post  package  must  be  fully  prepaid 
at  the  rate  of  twelve  cents  per  pound  or  each  fraction  of  a  pound. 

The  size  of  a  parcel  is  important.  Remember  that  length  and  girth 
combined  must  not  be  greater  than  six  feet.  A  parcel  three  feet  six 
inches  long  may  be  two  feet  six  inches  around  its  thickest  part.  The 
greatest  length  allowed  is  three  and  a  half  feet. 

A  Certificate  of  Mailing  may  be  obtained  by  request. 

A  Customs  Declaration  accurately  describing  contents  must  be  at- 
tached to  parcel.  Describe  definitely.  It  is  not  sufficient  to  write 
only  ''samples"  or  "Merchandise."  Fasten  the  customs  tag  through 
the  eyelet  with  strong  cord.  For  Salvador  and  The  Netherlands  at- 
tach two  copies  of  "Declaration"  to  each  parcel.  For  Venezuela  three 
copies  to  each  parcel.  For  France  use  a  special  form  of  customs 
declaration  and  attach  two  copies.  Forms  may  be  obtained  at  any 
postoffice. 

Parcels  may  be  sent  to  the  Dead  Letter  Office  if  a  customs  declara- 
tion is  not  attached. 

Communications  of  a  personal  nature  must  not  be  inclosed  in  for- 
eign parcels,  but  an  open  bill  or  invoice  may  be  included. 

Foreign  parcels  must  not  contain  articles  addressed  to  persons  other 
than  the  person  named  in  the  outside  address  of  the  parcel  itself. 


736  hillyer's  legal  manual. 

Liquids  of  all  kinds  are  prohibited  in  foreign  parcel  post  mails, 
except  in  the  case  of  Brazil. 

Besides  these  general  prohibitions  each  country  has  certain  particu- 
lar prohibitions.  These  are  constantly  changing,  and  information  re- 
garding them  should  be  sought  at  the  postoffice.  A  notable  example 
of  these  is  the  prohibition  of  playing  cards,  coin,  gold,  silver,  jewelry, 
and  precious  articles  in  the  parcel  post  mails  to  France. 

By  the  additional  payment  of  a  registration  fee  of  ten  cents  parcels 
may  be  registered  to  any  country  except  France,  Great  Britain,  Guad- 
aloupe,  Martinique,  The  Netherlands,  Barbados,  Dutch  Guiana  and 
Uruguay. 

A  limit  of  value  of  fifty  dollars  is  placed  on  parcels  for  Ecuador. 

The  scope  of  the  parcel  post  service  to  Germany  has  been  extended 
to  certain  places  in  Africa  and  China.  Official  Postal  Guide  should  be 
consulted. 

Parcels  addressed  for  delivery  in  Aberdeen,  Amoy,  Autau,  Canton, 
Cheefoo,  Chungchow,  Foochow,  Hoihao  (Haihow),  Kowloon,  Liu  Kung 
Tau,  Ningpo,  Pingshan,  Saikung,  Shatin,  Sha  Tau  Kok,  Swatow,  China, 
are  mailable  subject  to  the  rate  and  conditions  applicable  to  parcels 
for  Hong  Kong. 

Parcels  addressed  for  delivery  in  Amoy,  Changsha,  Cheefoo,  Foo- 
chow, Hangchow^  Kiukiang,  Newchwang,  Peking,  Shanghaikwan, 
Shasi,  Soochow,  Tientsin,  Tongku  and  Wuhu,  China,  and  for  certain 
places  in  Manchuria  are  mailable  subject  to  the  rate  and  conditions 
applicable  to  parcels  for  Japan.  For  Manchuria  the  list  of  places  in 
the  Official  Postal  Guide  should  be  consulted. 

Candy  not  containing  fruit  is  mailable  by  foreign  parcel  post  pro- 
viding it  is  substantially  packed. 

The  Postoffice  Department  is  not  responsible  for  the  loss  of,  or  dam- 
age to,  any  foreign  parcel. 

Do  not  drop  foreign  parcels  in  a  letter  box,  but  take  them  to  the 
postoffice  and  hand  them  to  the  postal  official  in  charge. 

Parcels  not  properly  wrapped  will  not  be  accepted.  Pack  and  tie 
them  securely  and  in  such  w^ay  that  their  contents  may  be  easily  ex- 
amined without  damaging  the  cover. 

Additions  to  the  address  and  to  the  contents  of  domestic  parcel  post 
packages  permissible  in  this  country  are  not  allowed  in  the  foreign 
parcel  post  mails. 

SUGGESTIONS  TO  HOMESTEADERS  AND  PERSONS 
DESIRING  TO  MAKE  HOMESTEAD  ENTRIES. 

1.  Information  as  to  Character  and  Occupancy  of  Public  Lands. — 

Persons  desiring  to  make  homestead  entries  should  first  fully  inform 
themselves  as  to  the  character  and  quality  of  the  lands  they  desire 
to  enter,  and  should  in  no  case  apply  to  enter  until  they  have  visited 
and  fully  examined  each  legal  subdivision  for  which  they  make  appli- 
cation as  satisfactory  information  as  to  the  character  and  occupancy 
of  public  lands  cannot  be  obtained  in  any  other  way. 


PUBLIC  LANDS — HOMESTEADS.  737 

Affidavit. — As  each  applicant  is  required  to  swear  that  he  is  well 
acquainted  with  the  character  of  the  land  described  in  his  application, 
and  as  all  entries  are  made  subject  to  the  rights  of  prior  settlers,  the 
applicant  cannot  make  the  affidavit  that  he  is  acquainted  with  the 
character  of  the  land,  or  be  sure  that  the  land  is  not  already  appro- 
priated by  a  settler,  until  after  he  has  actually  inspected  it. 

Plats. — Information  as  to  whether  a  particular  tract  of  land  is  sub- 
ject to  entry  may  be  obtained  from  the  register  or  receiver  of  the  land 
district  in  which  the  tract  is  located,  either  through  verbal  or  written 
inquiry,  but  these  officers  must  not  be  expected  to  give  information  as 
to  the  character  and  quality  of  unentered  land  or  to  furnish  extended 
lists  of  lands  subject  to  entry,  except  through  plats  and  diagrams 
which  they  are  authorized  to  make  and  sell  as  follows : 

For  a  township  diagram  showing  entered  land  only $1  00 

For  a  township  plat  showing  form  of  entries,  names  of  claimants, 

and  character  of  entries 2  00 

For  a  township  plat  showing  form  of  entries,  names  of  claimants, 

character  of  entry,  and  number 3  00 

For  a  township  plat  showing  form  of  entries,  names  of  claimants, 
character  of  entry,  number,  and  date  of  filing  or  entry,  to- 
gether with  topography,  etc 4  00 

Township  Diagram  Showing  Vacant  Lands. — Purchasers  of  township 
diagrams  are  entitled  to  definite  information  as  to  whether  each 
smallest  legal  subdivision,  or  lot,  is  vacant  public  land.  Registers  and 
receivers  are  therefore  required  in  case  of  an  application  for  a  town- 
ship diagram  showing  vacant  lands  to  plainly  check  off  with  a  cross 
every  lot  or  smallest  legal  subdivision  in  the  township  which  is  not 
vacant,  leaving  the  vacant  tracts  unchecked.  There  is  no  authority 
for  registers  and  receivers  to  charge  and  receive  a  fee  of  twenty-five 
cents  for  plats  and  diagrams  of  a  section  or  part  of  a  section  of  a 
township. 

Access  to  Plats  and  Tract  Books. — If  because  of  the  pressure  of  cur- 
rent business  relating  to  the  entry  of  lands  registers  and  receivers  are 
unable  to  make  the  plats  or  diagrams  mentioned  above,  they  may 
refuse  to  furnish  the  same  and  return  the  fee  to  the  applicant,  advis- 
ing him  of  their  reason  for  not  furnishing  the  plats  requested,  that 
he  may  make  the  plats  or  diagrams  himself,  or  have  same  made  by  his 
agent  or  attorney,  and  that  he  may  have  access  to  the  plats  and 
tract  books  of  the  local  land  office  for  this  purpose,  provided  such 
use  of  the  records  will  not  interfere  with  the  orderly  dispatch  of  the 
public  business. 

List  Showing  Character  of  Public  Lands. — ^A  list  showing  the  general 
character  of  all  the  public  lands  remaining  unentered  in  the  various 
-counties  of  the  public  land  States  on  the  thirtieth  day  of  the  preceding 
June  may  be  obtained  at  any  time  by  addressing  "The  Commissioner 
of  the  General  Land  Office,  Washington,  D.  C." 

Blank  Forms. — All  blank  forms  of  affidavits  and  other  papers  needed 
in  making  application  to  enter  or  in  making  final  proofs  can  be  ob- 
47 


738  hillyer's  legal  manual. 

tained  by  applicants  and  entrymen  from  the  land  office  for  the  dis- 
trict in  which  the  land  lies. 

2.  Kind  of  Land  Subject  to  Homestead  Entry. — All  unappropri- 
ated surveyed  public  lands  adaptable  to  any  agricultural  use  are  sub- 
ject to  homestead  entr.y  if  they  are  not  mineral  or  saline  in  character 
and  are  not  occupied  for  the  purposes  of  trade  or  business  and  have 
not  been  embraced  within  the  limits  of  any  withdrawal,  reservation,  or 
incorporated  town  or  city,  but  homestead  entries  on  lands  within 
certain  areas  (such  as  lands  in  Alaska,  lands  withdrawn  under  the 
reclamation  act,  certain  ceded  Indian  land®,  lands  within  abandoned 
military  reservations,  agricultural  lands  within  national  forests,  lands 
in  western  and  central  Nebraska,  and  lands  withdrawn,  classified,  or 
valuable  for  coal)  are  made  subject  to  the  particular  requirements  of 
the  laws  under  which  such  lands  are  opened  to  entry.  None  of  these 
particular  requirements  are  set  out  in  these  suggestions,  but  informa- 
tion as  to  them  may  be  obtained  by  either  verbal  or  written  inquiries 
addressed  to  the  register  and  receiver  of  the  land  office  of  the  district 
in  which  such  lands  are  situated. 

HOW  CLAIMS  UNDER  THE  HOMESTEAD  LAW  ORIGINATE. 

3.  Claims,  How  Initiated. — Claims  under  homestead  laws  may  be 
initiated  either  by  settlement  on  surveyed  or  unsurveyed  lands  of  the 
kind  mentioned  in  the  foregoing  paragraph,  or  by  the  filing  of  a  sol- 
dier's or  sailor's  declaratory  statement,  or  by  the  presentation  of  an 
application  to  enter  any  surveyed  lands  of  that  kind. 

4.  Settlement — Actual  Residence— Entry.— Settlement  is  initiated 
through  the  personal  act  of  the  settler  placing  improvements  upon  the 
land  or  establishing  residence  thereon ;  he  thus  gains  the  right  to  make 
entry  for  the  land  as  against  other  persons.  A  settlement  on  any  part 
of  a  surveyed  quarter  section  subject  to  homestead  entry  gives  the 
right  to  enter  all  of  that  quarter  section,  but  if  a  settler  desires  to 
initiate  a  claim  to  surveyed  tracts  which  form  a  part  of  more  than  one 
technical  quarter  he  should  define  his  claim  by  placing  some  improve- 
ments on  each  of  the  smallest  subdivisions  claimed.  When  settlement 
is  made  on  unsurveyed  lands  the  settler  must  plainly  mark  the  bound- 
aries of  all  lands  claimed.  Within  a  reasonable  time  after  settlement 
actual  residence  must  be  established  on  the  land  and  continuously 
maintained.  Entry  should  be  made  within  three  months  after  settle- 
ment upon  surveyed  lands  or  within  that  time  after  the  filing  in  the 
local  land  office  of  the  plat  of  survey  of  lands  unsurveyed  when  settle- 
ment was  made.  Otherwise,  the  preference  right  of  entry  may  be  lost. 
Under  the  act  of  August  9,  1912  (37  Stat.  267),  settlement  right  on  not 
exceeding  320  acres  of  lands  designated  by  the  Secretary  of  the  In- 
terior as  subject  to  entry  under  the  enlarged  homestead  law  may  be 
obtained  by  plainly  marking  the  exterior  boundaries  of  all  lands 
claimed,  whether  surveyed  or  unsurveyed,  followed  by  the  establish- 
ment of  residence,  except  as  to  lands  designated  under  section  6  of 
said  acts,  where  residence  is  not  required,  but  where  the  settlement 


PUBLIC  LANDS — HOMESTEADS.  739 

right  is  required  to  be  initiated  by  plainly  marking  the  exterior  bound- 
aries of  the  land  claimed  and  the  placing  and  maintenance  of  valuable 
improvements  thereon. 

5.  Soldiers'  and  Sailors'  Declaratory  Statements. — Soldiers  and 
sailors'  declaratory  statements  may  be  filed  in  the  land  office  for  the 
district  in  which  the  lands  desired  are  located  by  any  persons  who 
have  been  honorably  discharged  after  ninety  days'  service  in  the  army 
or  navy  of  the  United  States  during  the  war  of  the  Rebellion  or  during 
the  Spanish-American  War  or  the  Philippine  insurrection.  Declara- 
tory statements  of  this  character  may  be  filed  either  by  the  soldier  or 
sailor  in  person  or  through  his  agent  acting  under  a  proper  power 
of  attorney,  but  the  soldier  or  sailor  must  make  entry  of  the  land  in 
person,  and  not  through  his  agent,  within  six  months  from  the  filing 
of  his  declaratory  statement,  or  he  may  make  entry  in  person  without 
first  filing  a  declaratory  statement  if  he  so  chooses.  If  a  declaratory 
statement  is  filed  by  a  soldier  or  sailor  in  person,  it  must  be  executed 
by  him  before  one  of  the  officers  mentioned  in  paragraph  16,  in  the 
county  or  land  district  in  which  the  land  is  situated ;  if  filed  through 
an  agent,  the  affidavit  of  the  agent  must  be  executed  before  one  of  the 
officers  above  mentioned,  but  the  soldier's  affidavit  may  be  executed 
before  any  officer  using  a  seal  and  authorized  to  administer  oaths  and 
not  necessarily  within  the  county  or  land  district  in  which  the  land 
is  situated. 

BY  WHOM  HOMESTEAD  ENTRIES  MAY  BE  MADE. 

6.  Any  Person  not  Within  Excluded  Classes. — Homestead  entries 
may  be  made  by  any  person  who  does  not  come  within  either  of  the 
following  classes: 

(a)   Married  women,  except  as  hereinafter  stated. 
(h)  Persons  who   have   already  made  homestead   entry,   except   as 
hereinafter  stated. 

(c)  Foreign-born  persons  who  have  not  declared  their  intention  to 
become  citizens  of  the  United  States. 

(d)  Persons  who  are  the  owners  of  more  than  one  hundred  and  sixty 
acres  of  land  in  the  United  States. 

(e)  Persons  under  the  age  of  twenty-one  years  who  are  not  the  heads 
of  families,  except  minors  who  make  entry  as  heirs,  as  hereinafter  men- 
tioned, or  who  have  served  in  the  army  or  navy  during  the  existence 
of  an  actual  war  for  at  least  fourteen  days. 

(/)  Persons  who  have  acquired  title  to  or  are  claiming,  under  any 
of  the  agricultural  public  land  laws,  through  settlement  or  entry  made 
since  August  30,  1890,  any  other  lands  which,  with  the  lands  last  ap- 
plied for,  would  amount  in  the  aggregate  to  more  than  320  acres. 

7.  Married  Woman  may  Make  Entry. — ^A  married  woman  who  has 
all  of  the  other  qualifications  of  a  homesteader  may  make  a  homestead 
entry  under  any  one  of  the  following  conditions : 

(a)  Where  she  has  been  actually  deserted  by  her  husband. 

(h)  Where  her  husband  is  incapacitated  by  disease  or  otherwise 
from  earning  a  support  for  his  family  and  the  wife  is  really  the  head 
and  main  support  of  the  family. 


740  hillyer's  legal  manual. 

(c)  Where  the  husband  is  confined  in  a  penitentiary  and  she  is  ac- 
tually the  head  of  the  family. 

(d)  Where  the  married  woman  is  the  heir  of  a  settler  or  contestant 
who  dies  before  making  entry. 

(e)  Where  a  married  woman  made  improvements  and  resided  on 
the  lands  applied  for  before  her  marriage,  she  may  enter  them  after 
marriage  if  her  husband  is  not  holding  other  lands  under  an  unper- 
fected  homestead  entry  at  the  time  she  applies  to  make  entry. 

8.  Deserted  Wife. — If  an  entryman  deserts  his  wife  and  abandons 
the  land  covered  by  his  entry,  his  wife  then  has  the  exclusive  right  to 
contest  the  entry  if  she  has  continued  to  reside  on  the  land,  and  on 
securing  its  cancellation  she  may  enter  the  land  in  her  own  right,  or 
she  may  continue  her  residence  and  make  proof  in  the  name  of  and 
as  the  agent  for  her  husband,  and  patent  will  issue  to  him. 

9.  Deserted  Minor  Children. — If  an  entryman  deserts  his  minor  chil- 
dren and  abandons  his  entry  after  the  death  of  his  wife,  the  children 
have  the  same  right  to  make  proof  on  the  entry  as  the  wife  could  have 
exercised  had  she  been  deserted  during  her  lifetime. 

10.  Marriage  of  Entrywoman. — The  marriage  of  the  entrywoman 
after  making  entry  will  not  defeat  her  right  to  acquire  title  if  she  con- 
tinues to  reside  upon  the  land  and  otherwise  comply  with  the  law.  A 
husband  and  wife  cannot,  however,  maintain  separate  residences  on 
homestead  entries  held  by  each  of  them,  and  if,  at  the  time  of  marriage, 
they  are  each  holding  an  unperfected  entry  on  which  they  must  reside 
in  order  to  acquire  title,  they  cannot  hold  both  entries.  In  such  case 
they  may  elect  which  entry  they  will  retain  and  relinquish  the  other. 

11.  Widow. — A  widow,  if  otherwise  qualified,  may  make  a  home- 
stead entry  notwithstanding  the  fact  that  her  husband  made  an  entry 
and  notwithstanding  she  may  be  at  the  time  claiming  the  unperfected 
entry  of  her  deceased  husband. 

12.  Person  Serving  in  Army  or  Navy. — A  person  serving  in  the  army 
or  navy  of  the  United  States  may  make  a  homestead  entry  if  some 
member  of  his  family  is  residing  on  the  lands  applied  for,  and  the  ap- 
plication and  accompanying  affidavits  may  be  executed  before  the  offi- 
cer commanding  the  branch  of  the  service  in  which  he  is  engaged. 

13.  Second  Homestead  Entries. — Second  homestead  entries  may  be 
made  by  the  following  classes  of  persons  if  they  are  otherwise  qualified 
to  make  entry: 

(a)  By  a  person  who  commuted  a  former  entry  prior  to  June  5,  1900. 

(h)  By  a  homestead  entryman  who,  prior  to  May  17,  1900,  paid  the 
Indian  price  of  lands  to  which  he  would  have  been  afterward  entitled 
to  receive  patent  without  payment  under  the  "free  homes  act." 

(c)  By  any  person  whose  former  entry  was  made  prior  to  February 
3,  1911,  which  entry  has  been  subsequently  lost,  forfeited,  or  aban- 
doned for  any  cause,  provided  the  former  entry  was  not  canceled  for 
fraud  or  relinquished  or  abandoned  for  a  valuable  consideration  in 
excess  of  the  filing  fees  paid  on  said  former  entry.     If  an  entryman 


PUBLIC  LANDS HOMESTEADS.  741 

received  for  relinquishing  or  abandoning  his  entry  an  amount  in 
excess  of  the  fees  and  commissions  paid  to  the  United  States  at  time 
of  making  said  entry,  or  if  he  sells  his  improvements  for  a  sum  in 
excess  of  such  filing  fees  and  relinquishes  his  entry  in  connection  there- 
with, he  cannot  make  a  second  entry. 

{d)  By  persons  whose  original  entries  have  failed  because  of  the 
discovery,  subsequent  to  entry,  of  obstacles  which  could  not  have  been 
foreseen  and  which  render  it  impracticable  to  cultivate  j:he  land,  or 
because,  subsequent  to  entry,  the  land  becomes  useless  for  agricultural 
purposes  through  no  fault  of  the  entryman.  There  is  no  specific  stat- 
ute authorizing  the  making  of  second  entries  in  these  classes  of  cases, 
and  such  entries  are  allowed  under  the  general  equitable  power  of  the 
Land  Department  to  grant  relief  in  cases  of  accident  and  mistake. 

(e)  Any  person  otherwise  qualified,  who  has  made  final  proof  for 
less  than  one  hundred  and  sixty  acres  under  the  homestead  laws,  may 
make  an  additional  entry  for  such  an  amount  of  public  lands  as  will, 
when  added  to  the  amount  for  which  he  has  already  made  proof,  not 
exceed  in  the  aggregate  one  hundred  and  sixty  acres.  Residence,  cul- 
tivation, and  improvement  must  be  performed  as  in  the  case  of  an 
original  entry. 

(/)  Each  application  for  second  or  additional  entry  must  give  the 
date  and  number  of  the  former  entry  and  the  land  office  at  which  it 
was  made,  or  the  section,  township,  and  range  in  which  the  land  en- 
tered was  located.  Any  person  coming  within  paragraphs  (a),  (&),  or 
(e)  must  also  give  date  when  the  former  entry  was  perfected.  Any 
person  coming  within  paragraph  (c)  must  show  by  the  affidavit  of  him- 
self and  some  other  person  or  persons  the  date  when  his  former  entry 
was  lost,  forfeited,  or  abandoned;  that  it  was  not  canceled  for  fraud; 
and  the  consideration,  if  any,  received  for  the  abandonment  or  relin- 
quishment. Any  person  coming  within  paragraph  {d)  must,  in  addi- 
tion to  the  evidence  above  specified,  show  in  his  corroborated  affidavit 
the  grounds  on  which  he  seeks  relief,  and  that  he  used  due  diligence 
prior  to  entry  to  avoid  mistake. 

{g)  A  person  who  has  made,  lost,  forfeited  or  abandoned  an  entry 
of  less  than  one  hundred  and  sixty  acres  is  not  entitled  to  another 
entry  unless  he  comes  within  paragraph  (c)  or  {d)  above.  Such  a 
person  cannot  make  another  entry  merely  because  his  first  entry  con- 
tained less  than  one  hundred  and  sixty  acres. 

14.  Additional  Homestead  Entry. — ^An  additional  homestead  entry 
may  be  made  by  a  person  for  such  an  amount  of  public  lands  adjoin- 
ing lands  then  held  and  resided  upon  by  him  under  his  original  entry 
as  will,  when  added  to  such  adjoining  lands,  not  exceed  in  the  aggre- 
gate one  hundred  and  sixty  acres.  An  entry  of  this  kind  may  be  made 
by  any  person  who  has  not  acquired  title  to  and  is  not,  at  the  date  of 
his  application,  claiming  under  any  of  the  agricultural  public  land 
laws,  through  settlement  or  entry  made  since  August  30,  1890,  any 
other  lands  which,  with  the  land  then  applied  for,  would  exceed  in  the 
aggregate  three  hundred  and  twenty  acres,  but  the  applicant  will  not 


742  HILLYER'S  LEGAL   MANUAL. 

be  required  to  show  any  of  the  other  qualifications  of  a  homestead  en- 
tryman.  See,  however,  instructions  under  the  enlarged  homestead  act 
(par.  47). 

15.  Adjoining  Farm  Entry. — An  adjoining  farm  entry  may  be  made 
for  such  an  amount  of  public  lands  lying  contiguous  to  lands  owned 
and  resided  upon  by  the  applicant  as  will  not,  with  the  lands  so  owned 
and  resided  upon,  exceed  in  the  aggregate  one  hundred  and  sixty 
acres ;  but  no  person  will  be  entitled  to  make  entry  of  this  kind  who  is 
not  qualified  to  make  an  original  homestead  entry.  A  person  who  has 
made  one  homestead  entry,  although  for  a  less  amount  than  one  hun- 
dred and  sixty  acres,  and  perfected  title  thereto,  is  not  qualified  to 
make  an  adjoining  farm  entry. 

HOW  HOMESTEAD  ENTRIES  ARE  MADE. 

16.  Presentation  of  Application. — A  homestead  entry  may  be  made 
by  the  presentation  to  the  land  office  of  the  district  in  which  the  de- 
sired lands  are  situated  of  an  application  properly  prepared  on  blank 
forms  prescribed  for  that  purpose  and  sworn  to  before  either  the  regis- 
ter or  the  receiver,  or  before  a  United  States  commissioner,  or  a  judge, 
or  a  clerk  of  a  court  of  record,  in  the  county  or  parish  in  w^hich  the 
land  lies,  or  before  any  officer  of  the  classes  named  who  resides  in  the 
land  district  and  nearest  or  most  accessible  to  the  land,  although  he 
may  reside  outside  of  the  county  in  which  the  land  is  situated. 

17.  Application  and  Affidavits  must  Recite  Facts. — Each  application 
to  enter  and  the  affidavits  accompanying  it  must  recite  all  the  facts 
necessary  to  show  that  the  applicant  is  acquainted  with  the  land ;  that 
the  land  is  not,  to  the  applicant's  knowledge,  either  saline  or  mineral 
in  character;  that  the  applicant  possesses  all  of  the  qualifications  of 
a  homestead  entryman;  that  the  application  is  honestly  and  in  good 
faith  made  for  the  purpose  of  actual  settlement  and  cultivation,  and 
not  for  the  benefit  of  any  other  person,  persons,  or  corporation;  that 
the  applicant  will  faithfully  and  honestly  endeavor  to  comply  with  the 
requirements  of  the  law  as  to  settlement,  residence,  and  cultivation 
necessary  to  acquire  title  to  the  land  applied  for;  that  the  applicant 
is  not  acting  as  the  agent  of  any  person,  persons,  corporation  or  syndi- 
cate in  making  such  entry,  nor  in  collusion  with  any  person,  corpora- 
tion, or  syndicate  to  give  them  the  benefit  of  the  land  entered  or  any 
part  thereof ;  that  the  application  is  not  made  for  the  purpose  of  specu- 
lation, but  in  good  faith  to  obtain  a  home  for  the  applicant,  and  that 
the  applicant  has  not  directly  or  indirectly  made,  and  will  not  make, 
any  agreement  or  contract  in  any  way  or  manner  with  any  person  or 
persons,  corporation,  or  syndicate  whatsoever  by  which  the  title  he 
may  acquire  from  the  Government  to  the  lands  applied  for  shall  inure, 
in  whole  or  in  part,  to  the  benefit  of  any  person  except  himself. 

18.  Applications  must  Describe  Acts  of  Settlement. — All  applica- 
tions by  persons  claiming  as  settlers  must,  in  addition  to  the  facts 
required  in  paragraph  17,  state  the  date  and  describe  the  acts  of  settle- 
ment under  which  they  claim  a  preferred  right  of  entry,  and  applica- 


PUBLIC  LANDS — HOMESTEADS.  743 

tions  by  the  widows,  devisees,  or  heirs  of  settlers  must  state  facts 
showing  the  death  of  the  settler  and  their  right  to  make  entry,  that 
the  settler  was  qualified  to  make  entry  at  the  time  of  his  death,  and 
that  the  heirs  or  devisees  applying  to  enter  are  citizens  of  the  United 
States  or  have  declared  their  intentions  to  become  such  citizens,  but 
they  are  not  required  to  state  facts  showing  any  other  qualifications 
of  a  homestead  entryman,  and  the  fact  that  they  have  made  a  former 
entry  will  not  prevent  them  from  making  an  entry  as  such  heirs  or 
devisees,  nor  will  the  fact  that  a  person  has  made  entry  as  the  heir 
or  devisee  of  the  settler  prevent  him  from  making  an  entry  in  his  own 
individual  right  if  he  is  otherwise  qualified  to  do  so. 

19.  Applications  by  Soldiers,  Sailors,  or  Their  Widows. — All  appli- 
cations by  soldiers,  sailors,  or  their  widows,  or  the  guardians  of  their 
minor  children  should  be  accompanied  by  proper  evidence  of  the  sol- 
dier's or  sailor's  service  and  discharge  and  of  the  fact  that  the  soldier 
or  sailor  had  not,  prior  to  his  death,  made  an  entry  in  his  own  right. 
The  application  of  the  widow  of  the  soldier  or  sailor  must  also  show 
that  she  is  unmarried  and  that  the  right  has  not  been  exercised  by  any 
other  person.  Applications  for  the  children  of  soldiers  or  sailors  must 
show  that  the  father  died  without  having  made  entry,  that  the  mother 
died  or  remarried  without  making  entry,  and  that  the  person  applying 
to  make  entry  for  them  is  their  legally  appointed  guardian. 

20.  Must  be  Accompanied  by  Fee  and  Commissions. — Applications 
for  entry  must  be  accompanied  by  the  proper  fee  and  commissions. 
(See  par.  41.)  A  receipt  for  the  money  is  at  once  issued,  but  this  is 
merely  evidence  that  the  money  has  been  paid  and  as  to  the  purpose 
thereof.  If  the  application  is  allow^ed  and  the  entry  placed  of  record, 
formal  notice  of  this  fact  is  issued  on  the  prescribed  form;  if  the  ap- 
plication is  rejected  or  suspended,  notice  of  such  action  is  forwarded 
to  the  applicant  as  soon  as  practicable. 

RIGHTS   OF   WIDOWS,   HEIRS,    OR   DEVISEES   UNDER   THE 
HOMESTEAD  LAWS. 

21.  Right  of  Entry  After  Decease  of  Settler. — If  a  homestead  settler 
dies  before  he  makes  entry,  his  widow  has  the  exclusive  right  to  enter 
the  lands  covered  by  his  settlement.  If  there  be  no  widow,  the  right 
to  enter  the  lands  covered  by  the  settlement  passes  to  the  persons  who 
are  named  as  heirs  of  the  settler  by  the  laws  of  the  State  in  which  the 
land  lies.  If  there  be  no  widow  or  heirs,  the  right  to  enter  the  lands 
covered  by  the  settlement  passes  to  the  person  to  whom  the  settler 
has  devised  his  rights  by  a  proper  will ;  but  a  devisee  of  the  claim  will 
not  be  entitled  to  take  when  there  is  a  widow  or  an  heir  of  the  settler. 
The  persons  to  whom  the  settler's  right  of  entry  passes  must  make 
entry  within  the  time  named  in  paragraph  4  or  they  will  forfeit  their 
right  to  the  next  qualified  applicant.  They  may,  however,  make  entry 
after  that  time  if  no  adverse  claim  has  attached. 

22.  Rights  After  Decease  of  Entryman  Before  Final  Proof. — If  a 
homestead  entryman  dies  before  making  final  proof,  his  rights  under 


744  HILLYER^S  LEGAL  MANUAL. 

his  entry  will  pass  to  his  widow;  or  if  there  be  no  widow,  and  the 
entryman's  children  are  all  minors,  the  right  to  a  patent  vests  in 
them  upon  making  publication  of  notice  and  proof  of  the  death  of  the 
entryman  without  a  surviving  widow,  that  they  are  the  only  minor 
children  and  that  there  are  no  adult  heirs  of  the  entryman,  or  the 
land  may  be  sold  for  the  benefit  of  such  minor  children  in  the  manner 
in  w^hich  other  lands  belonging  to  minors  are  sold  under  the  laws  of 
the  State  or  Territory  in  which  the  minors  are  domiciled. 

If  the  children  of  a  deceased  entryman  are  not  all  minors  and 
his  wife  is  dead,  his  rights  under  the  entry  pass  to  the  persons  who 
are  his  heirs  under  the  laws  of  the  State  or  Territory  in  which  the 
lands  are  situated.  If  there  be  no  widow  or  heirs  of  the  entryman, 
the  rights  under  the  entry  pass  to  the  person  to  whom  the  entryman 
has  devised  his  rights  by  proper  will,  but  a  devisee  of  the  entry  will 
be  entitled  to  take  only  in  the  event  there  is  no  widow  or  heir  of  the 
entryman. 

23.  Rights  After  Decease  of  Contestant. — If  a  contestant  dies 
after  having  secured  the  cancellation  of  an  entry,  his  right  as  a  suc- 
cessful contestant  to  make  entry  passes  to  his  heirs;  and  if  the  con- 
testant dies  before  he  has  secured  the  cancellation  of  the  entry  he 
has  contested,  his  heirs  may  continue  the  prosecution  of  his  contest 
and  make  entry  if  they  are  successful  in  the  contest.  In  either  case 
to  entitle  the  heirs  to  make  entry  they  must  show  that  the  contestant 
was  a  qualified  entryman  at  the  date  of  his  death;  and  in  order  to 
earn  a  patent  the  heirs  must  comply  with  all  the  requirements  of 
the  law  under  which  the  entry  was  made,  to  the  same  extent  as 
would  have  been  required  of  the  contestant  had  he  made  entry. 

24.  Entry  by  Widow  or  Minor  Children  of  Deceased  Soldier  or 
Sailor. — The  unmarried  widow,  or,  in  case  of  her  death  or  remarriage, 
the  minor  children  of  soldiers  and  sailors  who  were  honorably  dis- 
charged after  ninety  days'  actual  service  during  the  War  of  the  Rebel- 
lion, the  Spanish-American  War,  or  the  Philippine  insurrection  may 
make  entry  as  such  widow  or  minor  children  if  the  soldier  or  sailor 
died  without  making  entry,  or  failed  to  perfect  an  entry  and  was, 
at  the  time  of  his  death,  qualified  to  make  another.  The  minor 
children  must  make  a  joint  entry  through  their  duly  appointed 
guardian. 

RESIDENCE    AND     CULTIVATION     REQUIRED    UNDER    THE 

HOMESTEAD  LAWS. 

25.  Residence. — ^A  homestead  entryman  is  required  to  establish  resi- 
dence upon  the  land  within  six  months  after  date  of  entry  unless  an 
extension  of  time  is  allowed,  as  explained  in  paragraph  35,  and  is 
required  to  maintain  residence  there  for  a  period  of  three  years.  He 
may  absent  himself,  however,  for  a  portion  of  each  year  succeeding 
establishment  of  residence,  as  more  fully  explained  in  paragraph  26. 
Residence  and  cultivation  in  the  case  of  an  adjoining  farm  home- 
stead or  of  an  additional  homestead  entry  for  a  tract  contiguous  to 


PUBLIC  LANDS — HOMESTEADS.  -  745 

an  original    homestead    entry  may  be  maintained    either  upon    the 
original  or  additional  farm, 

26.  Absences  Permitted. — During  each  year,  beginning  with  the  date 
of  establishment  of  actual  residence,  the  entryman  may  absent  him- 
self from  the  land  for  one  period  of  not  exceeding  five  months,  but 
the  law  does  not  authorize  a  number  of  shorter  absences  aggregating 
this  period.  In  order  to  be  entitled  to  this  absence  the  entryman  need 
not  file  application  therefor,  but  must  at  the  time  he  leaves  the  land 
file,  by  mail  or  otherwise,  at  the  proper  local  land  office,  notice  of 
time  of  leaving,  and  upon  returning  to  the  land  must  notify  said  office 
of  the  date  of  his  return.  A  second  period  of  absence  immediately 
following  the  first,  though  in  different  years  of  residence,  is  not  per- 
mitted by  the  law;  there  must  be  some  substantial  term  of  actual 
continuous  residence  between  the  periods  of  absence. 

27.  Cultivation. — (a)  Cultivation  of  the  land  for  a  period  of  three 
years  is  required.  During  the  second  year  not  less  than  one-sixteenth 
of  the  area  entered  must  be  actually  cultivated,  and  during  the  third 
year  and  until  final  proof  cultivation  of  not  less  than  one-eighth  is 
required.  There  must  be  actual  breaking  of  the  soil  followed  by 
planting,  sowing  of  seed,  and  tillage  for  a  crop  other  than  native 
grasses.  Summer  fallowing  or  grazing  of  cattle  cannot  be  accepted. 
These  requirements  are  applicable  to  all  homesteads  on  which  resi- 
dence is  required  whether  made  under  the  general  or  enlarged  home- 
stead laws,  but  do  not  apply  to  homesteads  made  under  the  reclama- 
tion act  or  the  so-called  Kinkaid  act,  applicable  to  Nebraska.  As  to 
amount  of  cultivation  required  under  section  6  of  the  enlarged  home- 
stead acts,  see  paragraphs  48  and  49. 

Reduction  of  Amount  of  Cultivation. — (h)  Where  the  amount  of 
cultivation  above  indicated  is  impossible  or  would  be  unreasonable,  the 
Secretary  of  the  Interior  may,  on  satisfactory  showing,  reduce  the 
required  amount.  Such  reduction  will  not  be  granted  on  account  of 
physical  or  financial  disabilities  or  misfortunes  of  the  entryman. 
Applications  for  reduction  (Form  4-007a)  must  be  filed  in  the  proper 
local  land  office  within  one  year  after  date  of  entry,  setting  forth  all 
pertinent  facts  regarding  the  physical  and  climatic  conditions  apper- 
taining to  the  land ;  as  to  entries  made  before  June  6,  1912,  such 
applications  must  be  filed  prior  to  June  6,  1913. 

Improvements. — (c)  The  homestead  entryman  must  have  a  habitable 
house  upon  the  land  entered  at  the  time  of  submitting  proof.  Other 
improvements  should  be  of  such  character  and  amount  as  are  sufficient 
to  show^  good  faith. 

Proofs  Where  Homestead  Entry  Made  Prior  to  June  6,  1912. — (d) 
By  paragraph  18  of  the  instructions  of  July  15,  1912,  the  Secretary 
of  the  Intei:'ior  (under  his  statutory  authority  to  reduce  the  require- 
ments as  to  cultivation)  prescribed  the  following  rule  to  govern  action 
on  proofs  submitted  under  the  new  law,  where  the  homestead  entry 
was  made  prior  to  June  6,  1912: 


746  hillyer's  legal  manual. 

''Kespecting  cultivation  necessary  to  be  shown  upon  such  an  entry, 
in  all  cases  where,  upon  considering  the  whole  record,  the  good  faith 
of  the  entryman  appears,  the  proof  will  be  acceptable  if  it  shows 
cultivation  of  at  least  one-sixteenth  for  one  year  and  of  at  least  one- 
eighth  for  the  next  year  and  each  succeeding  year  until  final  proof, 
without  regard  to  the  particular  year  of  the  homestead  period  in 
which  the  cultivation  of  the  one-sixteenth  was  performed." 

Entries  Made  Prior  to  June  6,  1912,  How  Perfected.— (e)  Entries 
made  prior  to  June  6,  1912,  may  be  perfected  either  by  showing  com- 
pliance with  the  laws  then  in  force  or  with  the  requirements  of  the 
act  of  June  6,  1912. 

Proof  by  Settler  Prior  to  June  6,  1912.— (/")  Where  a  qualified 
person  settled  upon  a  tract  of  unsurveyed  public  land,  subject  to  set- 
tlement, prior  to  the  passage  of  the  act  of  June  6,  1912,  but  made 
entry  after  its  enactment  or  shall  hereafter  make  entry,  he  may  elect 
to  submit  proof  under  said  act  or  under  the  law  existing  when  he 
established  his  residence  upon  the  land.  The  filing  of  a  formal  elec- 
tion is  not  required,  but  the  designation  of  three  year  or  five  year 
proof,  in  the  notice  to  submit  same,  may  constitute  such  election. 

28.  Residence  by  Soldier  or  Sailor. — A  soldier  or  sailor  of  one  of 
the  classes  mentioned  in  paragraph  5  who  makes  entry  as  such  must 
begin  his  residence  and  cultivation  of  the  land  entered  by  him  within 
six  months  from  the  date  of  filing  his  declaratory  statement,  but  if 
he  makes  entry  without  filing  a  declaratory  statement  he  must  begin 
his  residence  within  six  months  after  the  date  of  the  entry.  There- 
after he  must  continue  both  residence  and  cultivation  for  such  period 
as  will,  when  added  to  the  time  of  his  military  or  naval  service  (under 
enlistment  or  enlistments  covering  war  periods),  amount  to  three 
years;  but  if  he  was  discharged  on  account  of  wounds  or  disabilities 
incurred  in  the  line  of  duty,  credit  for  the  whole  term  of  his  enlist- 
ment may  be  allowed ;  however,  no  patent  will  issue  to  such  soldier  or 
sailor  until  there  has  been  residence  and  cultivation  by  him  for  at 
least  one  year,  nor  until  at  least  one-eighth  of  the  land  has  been 
actually  cultivated  and  a  habitable  house  has  been  placed  on  the 
entry. 

No  credit  can  be  allowed  for  military  service  where  commutation 
proof  is  offered. 

29.  Soldier  or  Sailor  Making  Entry  During  Enlistment  in  Time  of 
Peace. — A  soldier  or  sailor  making  entry  during  his  enlistment  in  time 
of  peace  is  not  required  to  reside  personally  on  the  land,  but  may  re- 
ceive patent  if  his  family  maintain  the  necessary  residence  and  culti- 
vation until  the  entry  is  three  years  old  or  until  it  has  been  commuted ; 
but  a  soldier  or  sailor  is  not  entitled  to  credit  on  account  of  his  mili- 
tary service  in  time  of  peace.  If  such  soldier  has  no  family,  there  is  no 
w^ay  by  which  he  can  make  entry  and  acquire  title  during  his  enlist- 
ment in  time  of  peace. 

30.  Entry  Based  on  Husband's  or  Father's  Military  or  Naval  Service. 
Widows  and  minor  children  of  soldiers  and  sailors  who  make  entry 


PUBLIC  LANDS — HOMESTEADS.  747 

based  on  the  husband's  or  father's  military  or  naval  service  must  con- 
form to  the  requirements  specified  for  the  soldier  or  sailor  in  para- 
graph 28. 

31.  Widow,  Heirs,  or  Devisee  of  Settlers  must  Improve  and  Cultivate. 

Persons  who  make  entry  as  the  widow,  heirs,  or  devisee  of  settlers  are 
not  required  to  reside  upon  the  land  entered  by  them,  but  they  must 
improve  and  cultivate  it  for  such  period  as,  added  to  the  time  during 
which  the  settler  resided  on  and  cultivated  the  land,  will  make  the 
required  period  of  three  years,  and  the  cultivation  must  be  to  the 
extent  required  by  the  law  under  which  the  proof  is  offered.  Com- 
mutation proof  may,  however,  be  made  upon  showing  fourteen  months' 
actual  residence  and  cultivation  had  either  by  the  settler  or  the  heirs, 
devisee,  or  widow,  or  in  part  by  the  settler  and  in  part  by  the  widow, 
heirs,  or  devisee. 

32.  Widow,  Heirs,  or  Devisees  of  Homestead  Entryman  must  Culti- 
vate.— Persons  succeeding  as  widow,  heirs,  or  devisees  to  the  rights  of  a 
homestead  entryman  are  not  required  to  reside  upon  the  land  covered 
by  the  entry,  but  they  must  cultivate  it  as  required  by  law  for  such  per- 
iod as  will,  added  to  the  entryman 's  period  of  compliance  with  the  law, 
aggregate  the  required  term  of  three  years.  They  are  allowed  a  rea- 
sonable time  after  the  entryman 's  death  within  which  to  begin  culti- 
vation, proper  regard  being  had  to  the  season  of  the  year  at  which 
said  death  occurred.  If  they  desire  to  commute  the  entry,  thej^  must 
show  a  fourteen  months'  period  of  such  residence  and  cultivation  on 
the  part  of  themselves  or  the  entryman,  or  both,  as  would  have  been 
required  of  him  had  he  survived. 

33.  Homestead  Entryman  Elected  to  Federal,  State  or  County 
Offices. — Homestead  entrymen,  who  have  been  elected  to  Federal, 
State,  or  county  offices  after  making  entry  and  establishing  their 
actual  residence  on  the  land  are  not  required  to  continue  such  resi- 
dence during  their  term  of  office  if  the  administration  of  their 
bona  fide  official  duties  necessarily  requires  them  to  reside  elsewhere 
than  on  the  land,  but  they  must  continue  the  improvement  and  culti- 
vation of  the  land  for  the  statutory  period.  Such  officeholder  cannot 
commute  his  entry  unless  he  can  show  at  least  fourteen  months'  actual 
residence  on  the  land  preceding  date  of  final  proof.  A  person  who 
makes  entry  or  establishes  residence  after  he  has  been  elected  to  office 
is  not  excused  from  maintaining  residence,  but  must  comply  with  the 
law  in  the  same  manner  as  though  he  had  not  been  elected.  Persons 
holding  appointive  offices  are  not  entitled  to  the  foregoing  privileges. 

34.  Insane  Homestead  Entryman. — Neither  residence  nor  cultivation 
by  an  insane  homestead  entryman  is  necessary  after  he  becomes  insane, 
if  such  entryman  made  entry  and  established  residence  before  he  be- 
came insane  and  complied  with  the  requirements  of  the  law  up  to  the 
time  his  insanity  began.  Proof  on  the  entry  may  be  submitted  by  his 
duly  appointed  guardian  or  committee  after  the  expiration  of  three 
years  from  its  date.     If  the  entryman  is  an  alien  and  has  not  been 


748 

fully  naturalized,  evidence  of  his  declaration  of  intention  to  become  a 
citizen  is  sufficient. 

35.  (a)  Additional  Time  for  Establishment  of  Residence. — A  home- 
stead entrynuin  is  allowed  additional  time  not  exceeding  six 
months,  for  establishment  of  residence  upon  his  entry  where  climatic 
reasons,  sickness  or  other  unavoidable  cause  prevents  establishing 
residence  within  the  first  six  months  after  entry.  Such  extension  will 
not  be  granted  in  advance,  and  no  application  therefor  should  be  filed ; 
but  in  the  event  adverse  proceedings  are  started  against  his  entry  the 
homesteader  may  set  forth  the  facts  causing  the  delay  in  the  establish- 
ment of  residence,  and  on  proper  showing  secure  the  benefit  of  the 
provision  of  law  granting  the  extension  of  time.  The  entryman,  how- 
ever, is  not  entitled  to  any  additional  time  within  which  to  establish 
residence  after  the  hindering  cause  is  removed,  but  must  thereafter 
promptly  proceed  to  establish  his  residence. 

(b)  Leave  of  Absence. — Leave  of  absence  for  one  year  or  less  may  be 
granted  by  the  register  and  receiver  of  the  local  land  office  to  entrymen 
who  have  established  actual  residence  on  the  lands  in  eases  where  total 
or  partial  failure  or  destruction  of  crops,  sickness,  or  other  unavoidable 
casualty  has  prevented  the  entryman  from  supporting  himself  and 
those  dependent  on  him  by  cultivation  of  the  land.  Applications  for 
such  leave  of  absence  must  be  sworn  to  by  the  applicant  and  corrobo- 
rated by  at  least  one  witness  in  the  land  district  or  county  within 
which  the  entered  lands  are  located  before  an  officer  authorized  to 
administer  oaths  and  having  a  seal.  Applications  must  describe  the 
entry  and  show  the  date  of  establishing  residence  on  the  land  and  the 
extent  and  character  of  the  improvements  and  cultivation  performed 
by  applicant.  It  must  also  set  forth  fully  the  facts  on  which  the  claim- 
ant bases  his  right  to  leave  of  absence,  and  where  sickness  is  given  as 
the  reason,  a  certificate  signed  by  a  reputable  physician  should  be  fur- 
nished if  practicable. 

COMMUTATION  OF  HOMESTEAD  ENTRIES. 

36.  What  may  be  Commuted. — All  original,  second,  and  additional 
homestead,  and  adjoining  farm  entries  may  be  commuted,  except  such 
entries  as  are  made  under  particular  laws  which  forbid  their  commu- 
tation. 

Showing  on  Commutation. — The  entryman  or  his  statutory  successor 
submitting  such  proof,  must  show  substantially  continuous  residence 
upon  the  land,  and  cultivation  thereof,  for  a  period  of  at  least  four- 
teen months  immediately  preceding  submission  of  proof  or  filing  of 
notice  of  intention  to  submit  same,  and  the  existence  of  a  habitable 
house  upon  the  claim.  The  area  actually  cultivated  must  equal  at 
least  one-sixteenth  of  the  entire  acreage. 

Price  of  Land. — A  person  submitting  commutation  proof  must,  in 
addition  to  certain  fees,  pay  the  price  of  the  land;  this  is  ordinarily 
$1.25  per  acre,  but  is  $2.50  per  acre  for  lands  within  the  limits  of  cer- 


PUBLIC  LANDS — HOMESTEADS.  749 

tain  railroad  grants.  The  price  of  certain  ceded  Indian  lands  varies 
according  to  their  location,  and  inquiry  should  be  made  regarding  each 
specific  tract. 

Showing  of  Citizenship  on  Conunutation. — Where  commutation  of 
entry  is  made,  full  citizenship  on  the  part  of  the  claimant  must  be 
shown,  no  distinction  being  made  between  persons  submitting  such 
proofs  and  those  submitting  three  year  proofs. 

Commutation,  When  not  Allowed. — Commutation  proof  cannot  be 
made  on  homestead  entries  allowed  under  the  act  of  April  28,  1904  (S3 
Stat.  547),  known  as  the  Kinkaid  act;  entries  under  the  reclamation 
act  of  June  17,  1902  (32  Stat.  388)  ;  entries  under  the  enlarged  home- 
stead acts  (post,  par.  43  et  seq.)  ;  entries  allowed  on  coal  lands  under  the 
act  of  June  22,  1910  (36  Stat.  583),  so  long  as  the  land  is  withdrawn 
or  classified  as  coal;  additional  entries  allowed  under  the  act  of  April 
28, 1904  (33  Stats.  527)  ;  second  entries  allowed  under  the  act  of  June  5, 
1900  (31  Stat.  267)  ;  or  second  entries  allowed  under  the  act  of  May 
22,  1902  (32  Stat.  203),  when  the  former  entry  was  committed. 

FINAL  PROOFS  ON  HOMESTEAD  ENTRIES. 

37.  Time  of  Making. — Either  final  or  commutation  proof  may  be 
made  at  any  time  when  it  can  be  shown  that  residence  and  cultivation 
have  been  maintained  in  good  faith  for  the  required  length  of  time 
and  to  the  required  extent.  Proof  under  the  act  of  June  6,  1912,  must 
be  submitted  within  five  years  after  the  date  of  the  entry,  while  proof 
submitted  under  the  law  in  force  before  that  date  must  be  made  within 
seven  years  after  the  date  of  the  entry.  Failure  to  submit  proof  within 
the  proper  period  is  ground  for  cancellation  of  the  entry  unless  good 
reason  for  the  delay  appears;  satisfactory  reasons  being  shown,  final 
certificate  may  be  issued,  and  the  case  referred  to  the  board  of  equi- 
table adjudication  for  confirmation.     See,  also,  paragraph  27  (e). 

38.  Must  be  Made  Personally. — (a)  Final  proof  must  be  made  by  the 
entrymen  personally  or  their  widows,  heirs,  or  devisees,  and  cannot  be 
made  by  agents,  attorneys  in  fact,  administrators,  or  executors,  except 
as  explained  in  paragraphs  8,  9,  22,  and  34.  Final  proof  can  be  made 
only  by  citizens  of  the  United  States. 

(b)  Minors  may  be  Represented  by  Guardian. — Where  entries  are 
made  and  proof  offered  for  minor  orphan  children  of  soldiers  or  sail- 
ors the  minors  may  be  represented  by  their  guardian. 

39.  How  Proofs  may  be  Made. — Final  or  commutation  proofs  may 
be  made  before  any  of  the  officers  mentioned  in  paragraph  16  as  being 
authorized  to  administer  oaths  to  applicants. 

Any  person  desiring  to  make  homestead  proof  should  first  forward 
a  written  notice  of  his  desire  to  the  register  and  receiver  of  the  land 
office,  giving  his  postoffice  address,  the  number  of  his  entry,  the  name 
and  official  title  of  the  officer  before  whom  he  desires  to  make  proof, 
the  place  at  which  the  proof  is  to  be  made,  and  the  name  and  postoffice 


750  HILLYER^S  LEGAL   MANUAL. 

addresses  of  at  least  four  of  his  neip^hbors  who  can  testify  from  their 
own  knowledge  as  to  facts  which  will  show  that  he  has  in  good  faith 
complied  with  all  the  requirements  of  the  law. 

40.  Register  to  Furnish  Notice. — The  register  will  furnish  a  notice 
naming  the  time  and  place  for  submission  of  proof  to  the  claimant,  who 
must  cause  same  to  be  published  at  his  expense  once  a  week  for  five 
consecutive  weeks  preceding  submission  of  proof  in  the  newspaper  desig- 
nated by  the  register. 

Publication  of  Notice  of  Intention  to  Make  Proof. — This  notice  must 
be  published  once  a  week  for  five  consecutive  weeks  preceding  sub- 
mission of  proof,  and  a  copy  thereof  must  be  posted  in  a  conspicuous 
place  in  the  office  of  the  register.  The  homesteader  must  arrange 
with  the  publisher  for  publication  of  the  notice  of  intention  to  make 
proof  and  make  payment  therefor  directly  to  him.  The  register  will 
be  responsible  for  the  correct  preparation  of  the  notice. 

Hearing  and  Continuances. — On  the  day  named  in  the  notice  the 
entryman  must  appear  before  the  officer  designated  to  take  proof  with 
at  least  two  of  the  witnesses  named  in  the  notice;  but  if  for  any  rea- 
son the  entryman  and  his  witnesses  are  unable  to  appear  on  the  date 
named,  the  officer  should  continue  the  case  from  day  to  day  until  the 
expiration  of  ten  days,  and  the  proof  may  be  taken  on  any  day  within 
that  time  when  the  entryman  and  his  witnesses  appear,  but  they 
should,  if  it  is  at  all  possible  to  do  so,  appear  on  the  day  mentioned  in 
the  notice.  Entrymen  are  advised  that  they  should,  whenever  it  is 
possible  to  do  so,  offer  their  proofs  before  the  register  or  receiver,  as  it 
may  be  found  necessarj^  to  refer  all  proofs  made  before  other  officers 
to  a  special  agent  for  investigation  and  report  before  patent  can  issue, 
while,  if  the  proofs  are  made  before  the  register  or  receiver,  there  is 
less  likelihood  of  this  being  done,  and  there  is  less  probability  of  the 
proofs  being  incorrectly  taken.  By  making  proof  before  the  register 
or  receiver  the  entrymen  will  also  save  the  fees  which  th-ey  are  required 
to  pay  other  officers,  as  they  will  be  required  under  the  law  to  pay  the 
register  and  receiver  the  same  amount  of  fees  in  each  case,  regardless 
of  the  fact  that  the  proof  may  have  been  taken  before  some  other 
officer. 

Improperly  Commuting  Entries. — Entrymen  are  cautioned  against 
improvidently  and  improperly  commuting  their  entries,  and  are 
warned  that  any  false  statement  made  in  either  their  commutation  or 
final  proof  may  result  in  their  indictment  and  punishment  for  the 
crime  of  perjury. 

FEES  ON  ENTRIES  AND  FINAL  PROOFS. 

41.  Fees  and  Commissions. — When  a  homesteader  applies  to  make 
entry  he  must  pay  in  cash  to  the  receiver  a  fee  of  $5  if  his  entry  is  for 
eighty  acres  or  less,  or  $10  if  he  enters  more  than  eighty  acres.  And 
in  addition  to  this  fee  he  must  pay,  both  at  the  time  he  makes  entry 
and  final  proof,  a  commission  of  $1  for  each  forty-acre  tract  entered 


PUBLIC  LANDS — HOMESTEADS.  751 

outside  of  the  limits  of  a  railroad  ^rant  and  $2  for  each  forty-acre  tract 
entered  within  such  limits.  Fees  under  the  enlarged  homestead  act 
are  the  same  as  above,  but  the  commissions  are  based  upon  the  area 
of  the  land  embraced  in  the  entry.  (See  paragraph  43.)  Where  an 
entry  is  commuted  no  commissions  are  payable,  except  in  connection 
with  certain  ceded  Indian  lands,  as  to  which  inquiry  must  be  made 
specifically  at  the  proper  local  land  offices.  On  all  final  proofs  made 
before  either  the  register  or  receiver,  or  before  any  other  officer 
authorized  to  take  proofs,  the  register  and  receiver  are  entitled  to 
receive  fifteen  cents  for  each  one  hundred  words  reduced  to  writing, 
and  no  proof  can  be  accepted  or  approved  until  all  fees  have  been  paid. 

In  all  cases  where  lands  are  entered  under  the  homestead  laws  in 
Arizona,  California,  Colorado,  Idaho,  Montana,  Nevada,  New  Mexico, 
Oregon,  Utah,  Washington,  and  Wyoming  the  commissions  due  to  the 
register  and  receiver  on  entries  and  final  proofs,  and  the  testimony 
fees  under  final  proofs,  are  fifty  per  cent  more  than  those  above  speci- 
fied, but  the  entry  fee  of  $5  or  $10,  as  the  case  may  be,  is  the  same  in 
all  the  States. 

Remittances — How  Made. — Remittances  of  moneys  to  the  local  land 
offices  must  be  made  in  cash  or  currency;  but  certified  checks  when 
drawn  in  favor  of  the  receiver  of  public  moneys  on  national  and  State 
banks  and  trust  companies,  which  can  be  cashed  without  cost  to  the 
government,  can  be  used.  Likewise,  United  States  postoffice  orders 
are  acceptable  when  they  are  made  payable  to  the  receiver  and  are 
drawn  on  the  postoffice  at  the  place  where  the  receiver  is  located. 

ALIENATION  OF  LAND  BY  HOMESTEADER. 

42.  Alienation  Prior  to  Proof  will  Prevent  Satisfactory  Proof. — The 

alienation  of  all  or  any  part  of  the  land  embraced  in  a  homestead 
prior  to  making  proof,  except  for  the  public  purposes  mentioned  in 
section  2288,  Revised  Statutes,  will  prevent  the  entryman  from  making 
satisfactory  proof,  since  he  is  required  to  swear  that  he  has  not  alienated 
any  part  of  the  land  except  for  the  purposes  mentioned  in  section  2288, 
Hevised  Statutes. 

Mortgage  not  Considered  Alienation. — A  mortgage  by  the  entryman 
prior  to  final  proof  for  the  purpose  of  securing  money  for  improve- 
ments, or  for  any  other  purpose  not  inconsistent  with  good  faith,  is  not 
considered  such  an  alienation  of  the  land  as  will  prevent  him  from 
submitting  satisfactory  proof.  In  such  a  case,  however,  should  the 
entry  be  canceled  for  any  reason  prior  to  patent,  the  mortgagee  would 
have  no  claim  on  the  land  or  against  the  United  States  for  the  money 
loaned. 

Alienation  After  Proof  and  Before  Patent.— The  right  of  a  home- 
stead entryman  to  patent  is  not  defeated  by  the  alienation  of  all  or  a 
part  of  the  land  embraced  in  his  entry  after  the  submission  of  final 
proof  and  prior  to  patent,  provided  the  proof  submitted  is  satisfac- 
tory.    Such  an  alienation  is,  however,  at  the  risk  of  the  entryman, 


752  hillyer's  legal  manual. 

for  if  the  reviewing  officers  of  the  Land  Department  subsequently 
find  the  final  proof  so  imsatisfactory  that  it  must  be  wholly  rejected 
and  new  proof  required,  the  entryman  cannot  then  truthfully  make 
the  nonalienation  affidavit  required  by  section  2291,  Revised  Statutes, 
and  his  entry  must  in  consequence  be  canceled.  The  purchaser  takes 
no  better  title  than  the  entryman  had,  and  if  the  entry  is  canceled 
the  purchaser's  title  must  necessarily  fail. 

ENLARGED  HOMESTEADS. 

43.  Homestead  Entries  for  Areas  not  Exceeding  Three  Hundred  and 
Twenty  Acres.— The  acts  of  February  19,  1909,  June  17,  1910,  and 
June  13,  1912  (37  Stat.  101),  extending  the  first-named  act  to  North 
Dakota  and  California,  provide  for  the  making  of  homestead  entries 
for  areas  of  not  exceeding  three  hundred  and  twenty  acres  of  public 
lands  in  the  States  of  Arizona,  California,  Colorado,  Idaho,  Montana, 
Nevada,  New  Mexico,  North  Dakota,  Oregon,  Utah,  Washington,  and 
Wyoming,  designated  by  the  Secretary  of  the  Interior  as  nonmineral, 
nontimbered,  nonirrigable.  As  to  Idaho,  the  act  of  June  17,  1910,  pro- 
vides that  the  lands  must  be  "arid." 

Terms  "Arid"  or  "Nonirrigable"  Land. — The  terms  "arid"  or 
"nonirrigable"  land,  as  used  in  these  acts,  are  construed  to  mean  land 
which,  as  a  rule,  lacks  sufficient  rainfall  to  produce  agricultural  crops 
without  the  necessity  of  resorting  to  unusual  methods  of  cultivation, 
such  as  the  system  commonly  known  as  "dry  farming,"  and  for  which 
there  is  no  known  source  of  water  supply  from  which  such  land  may 
be  successfully  irrigated  at  a  reasonable  cost. 

Lands  Which  may  not  be  Entered  Under  These  Acts. — Therefore 
lands  containing  merchantable  timber,  mineral  lands,  and  lands  within 
a  reclamation  project,  or  lands  w^hich  may  be  irrigated  at  a  reasonable 
cost  from  any  known  source  of  water  supply  may  not  be  entered  under 
these  acts.  Minor  portions  of  a  legal  subdivision  susceptible  of  irriga- 
tion from  natural  sources,  as,  for  instance,  a  spring,  will  not  exclude 
such  subdivision  from  entry  under  these  acts,  provided,  however,  that 
no  one  entry  shall  embrace  in  the  aggregate  more  than  forty  acres  of 
such  irrigable  land. 

44.  Designation  of  Lands. — From  time  to  time  lists  designating  the 
lands  which  are  subject  to  entry  under  these  acts  are  sent  to  the 
registers  and  receivers  in  the  States  affected,  and  they  are  instructed 
immediately  upon  the  receipt  of  such  lists  to  note  the  same  upon  their 
tract  books.  In  the  order  designating  land  a  date  is  fixed  on  which 
such  designation  will  become  effective.  Until  such  date  no  applica- 
tions to  enter  can  be  received  and  no  entries  allowed  under  these  acts, 
but  on  or  after  the  date  fixed  it  is  competent  for  the  registers  and  receiv- 
ers to  dispose  of  applications  for  land  designated  under  the  provisions 
of  these  acts  in  like'  manner  as  other  applications  for  public  lands. 

Designation  not  Conclusive. — The  fact  that  lands  have  been  desig- 
nated as  subject  to  entry  is  not  conclusive  as  to  the  character  of  such 
lands,  and  should  it  afterward  develop  that  the  land  is  not  of  the 


PUBLIC  LANDS — HOMESTEADS.         •  753 

character  contemplated  by  the  above  acts  the  designation  may  be  can- 
celed; but  where  an  entry  is  made  in  good  faith  under  the  provisions 
of  these  acts,  such  designation  will  not  thereafter  be  modified  to  the  in- 
jury of  anyone  who,  in  good  faith,  has  acted  upon  such  designation. 
Each  entryman  must  furnish  affidavit  as  required  by  section  2  of  the 
acts. 

45.  Compactness. — Lands  entered  under  the  enlarged  homestead  acts 
must  be  in  a  reasonably  compact  form  and  in  no  event  exceed  one  and 
one-half  miles  in  length. 

Fees. — The  acts  provide  that  the  fees  shall  be  the  same  as  those  now 
required  to  be  paid  under  the  homestead  laws;  therefore,  while  the 
fees  may  not  in  any  one  case  exceed  the  maximum  fee  of  $10  required 
under  the  general  homestead  law,  the  commissions  will  be  determined 
by  the  area-  of  the  land  embraced  in  the  entry. 

46.  Form  of  Application. — ^Applications  to  make  entry  under  these 
acts  must  be  submitted  on  forms  prescribed  by  the  General  Land 
Office,  and  in  case  of  an  original  entry  on  No.  4^003. 

Affidavit  must  be  Corroborated. — The  affidavit  of  an  applicant  as  to 
the  character  of  the  land  must  be  corroborated  by  two  witnesses.  It 
is  not  necessary  that  such  witnesses  be  acquainted  with  the  applicant, 
and  if  they  are  not  so  acquainted  their  affidavits  should  be  modified 
accordingly. 

47.  Entries  of  Adjoining  Designated  Lands. —  (a)  Under  section  3 
of  the  enlarged  homestead  acts  persons  who  have  entered  one  hundred 
and  sixty  acres  or  less  of  lands  of  the  character  described  in  the  act 
and  designated  by  the  Secretary  of  the  Interior  thereunder,  and 
who  have  not  made  final  proof  on  their  original  entries,  may  enter  ad- 
joining designated  lands  which  will  not,  together  with  the  tract  first 
entered,  exceed  three  hundred  and  twenty  acres,  and  residence  upon 
and  cultivation  of  the  original  entry  may  be  accepted  as  equivalent  to 
residence  upon  and  cultivation  of  the  additional. 

(b)  Rules  of  Proof  Where  Original  Entry  is  Prior  to  June  6,  1912.— 
Where  a  person  has,  prior  to  June  6, 1912,  made  entry  under  the  general 
provisions  of  the  homestead  laws,  and  subsequently  an  additional  entry 
under  said  section  3,  the  following  rules  govern  the  requirements  as  to 
the  cultivation  and  residence  to  be  shown  by  him,  on  submission  of 
proof : 

(c)  Cultivation. — He  may  show  compliance  with  the  requirements  of 
the  law  applicable  to  his  original  entry,  and  that,  after  the  date  of 
additional  entry,  he  cultivated,  in  addition  to  such  cultivation  as  was 
relied  upon,  and  used  in  perfecting  title  to  the  original  entry,  an 
amount  equal  to  one-sixteenth  of  the  area  of  the  additional  entry  for 
one  year,  not  later  than  the  second  year  of  such  additional  entry,  and 
one-eighth  the  following  year  and  each  succeeding  year  until  proof 
submitted;  however,  the  rules  explained  in  paragraph  27  (d)  are  appli- 
cable to  such  cases.  The  cultivation  in  support  of  the  additional  entry 
may  be  maintained  upon  either  entry. 

48 


754 

(d)  When  Proof  is  Submitted  on  Both  Entries  at  the  Same  Time. — 
When  proof  is  submitted  on  both  entries  at  the  same  time,  he  may  show 
the  cultivation  of  an  amount  equal  to  one-sixteenth  of  the  combined 
area  of  the  two  entries  for  one  year,  increased  to  one-eighth  the  suc- 
ceeding year,  and  that  such  latter  amount  of  cultivation  has  continued 
until  offer  of  proof.  If  cultivation  in  these  amounts  can  be  shown, 
proof  may  be  submitted  without  regard  to  the  date  of  the  additional 
entry,  i.  e.,  the  required  amount  of  cultivation  may  have  been  per- 
formed in  whole  or  in  part  on  the  original  entry  before  the  additional 
entry  was  made,  and  proof  on  the  additional  need  be  deferred  only 
until  the  showing  indicated  can  be  made.  Such  combined  proof  may 
be  submitted  not  later  than  seven  years  from  the  date  of  the  original 
entry. 

(e)  Where  Proof  is  First  Made  on  the  Original  Entry. — In  instances 
w^here  proof  is  first  made  on  the  original  entry  meeting  the  requirement 
of  the  homestead  law  respecting  residence,  no  further  showing  in  this 
particular  will  be  exacted  in  making  proof  upon  the  additional  entry ; 
neither  will  a  period  of  residence  be  exacted  in  proof  upon  the  com- 
bined entry  in  excess  of  that  required  under  the  original  entry. 

48.  Constructive  Residence  on  Certain  Lands  in  Utah. — Lists  of  lands 
designated  under  this  section  will  be  from  time  to  time  furnished  to 
the  registers  and  receivers,  who  will  be  instructed  to  note  same  on  their 
tract  books  immediately  upon  their  receipt.  These  lists  will  fix  a  date 
on  which  the  designations  will  become  effective.  Applications  under 
this  section  must  be  submitted  on  Form  No.  4 — O03a. 

During  the  second  year  of  the  entry  at  least  one-eighth  of  the  area 
must  be  cultivated,  and  during  the  third,  fourth,  and  fifth  years,  and 
until  submission  of  final  proof,  one-fourth  of  the  area  entered  must  be 
cultivated.  Proof  may  be  submitted  on  entries  of  this  class  within 
seven  years  after  their  dates. 

49.  [Omitted.] 

50.  Oflacers  Before  Whom  Applications  and  Proofs  may  be  Made. — 
The  acts  provide  that  any  person  applying  to  enter  land  under  the 
provisions  thereof  shall  make  and  subscribe  before  the  proper  officer 
an  affidavit,  etc.  The  term  "proper  officer,"  as  used  herein,  is  held  to 
mean  any  officer  authorized  to  take  affidavits  or  proof  in  homestead 
cases. 

FRED  DENNETT, 

Commissioner. 
Approved : 

LEWIS  C.  LAYLIN, 

Assistant  Secretary. 


PUBLIC  LANDS — HOMESTEADS.  755 

UNITED  STATES  HOMESTEAD  LAWS. 
REVISED  STATUTES. 
§  2288.     Right  to  Ttansfer  for  School  Purposes,  or  for  Right  of  Way. 

Any  bona  fide  settler  under  the  pre-emption,  homestead,  or  other  set- 
tlement law  shall  have  the  right  to  transfer  by  warranty  against  his 
own  acts  any  portion  of  his  claim  for  church,  cemetery,  or  school  pur- 
poses, or  for  the  right  of  way  of  railroads,  telegraph,  telephones,  canals, 
reservoirs,  or  ditches  for  irrigation  or  drainage  across  it;  and  the 
transfer  for  such  public  purposes  shall  in  no  way  vitiate  the  right  to 
complete  and  perfect  the  title  to  his  claim. 

§  2289.  Who  Entitled  to  Enter. — Every  person  who  is  the  head  of  a 
famil3%  or  who  has  arrived  at  the  age  of  twenty-one  years,  and  is  a 
citizen  of  the  United  States,  or  who  has  filed  his  declaration  of  intention 
to  become  such,  as  required  by  the  naturalization  laws,  shall  be  entitled 
to  enter  one  quarter-section,  or  a  less  quantity,  of  unappropriated  pub- 
lic lands,  to  be  located  in  a  body  in  conformity  to  the  legal  subdivisions 
of  the  public  lands;  but  no  person  who  is  the  proprietor  of  more  than 
one  hundred  and  sixty  acres  of  land  in  any  State  or  Territory  shall 
acquire  any  right  under  the  homestead  law.  And  every  person  owning 
and  residing  on  land  may,  under  the  provision  of  this  section,  enter  other 
land  lying  contiguous  to  his  land,  which  shall  not,  with  the  land  so 
already  owned  and  occupied,  exceed  in  the  aggregate  one  hundred  and 
sixty  acres. 

§  2290.  Person  Applying  to  Make  Affidavit. — That  any  person 
applying  to  enter  land  under  the  preceding  section  shall  first  make  and 
subscribe  before  the  proper  officer  and  file  in  the  proper  land  office  an 
affidavit  that  he  or  she  is  the  head  of  a  family,  or  is  over  twenty-one 
years  of  age,  and  that  such  application  is  honestly  and  in  good  faith 
made  for  the  purpose  of  actual  settlement  and  cultivation,  and  not  for 
the  benefit  of  any  other  person,  persons,  or  corporation,  and  that  he  or 
she  will  faithfully  and  honestly  endeavor  to  comply  with  all  the  require- 
ments of  law  as  to  settlement,  residence,  and  cultivation  necessary  to 
acquire  title  to  the  land  applied  for;  that  he  or  she  is  not  acting  as 
agent  of  any  person,  corporation,  or  syndicate  in  making  such  entry, 
nor  in  collusion  with  any  person,  corporation,  or  syndicate  to  give  them 
the  benefit  of  the  land  entered,  or  any  part  thereof,  or  the  timber 
thereon ;  that  he  or  she  does  not  apply  to  enter  the  same  for  the  pur- 
pose of  speculation,  but  in  good  faith  to  obtain  a  home  for  himself,  or 
herself,  and  that  he  or  she  has  not  directly  or  indirectly  made,  and  will 
not  make,  any  agreement  or  contract  in  any  way  or  manner,  with  any 
person  or  persons,  corporation,  or  syndicate  whatsoever,  by  which  the 
title  which  he  or  she  might  acquire  from  the  government  of  the  United 
States  should  inure,  in  whole  or  in  part,  to  the  benefit  of  any  person, 
except  himself,  or  herself,  and  upon  filing  such  affidavit  with  the  regis- 
ter or  receiver  on  payment  of  $5,  when  the  entry  is  of  not  more  than 
eighty  acres,  and  on  payment  of  $10,  when  the  entry  is  for  more  than 


756  hillyer's  legal  manual. 

eighty  acres,  he  or  she  shall  thereupon  be  permitted  to  enter  the  amount 
of  land  specified. 

§  2291.  Final  Proof— Leave  of  Absence— Death  of  Entryman— Culti- 
vation—Entryman  may  Elect  to  Make  Proof  upon  His  Entry  Under 
Law  Under  Which  Same  was  Made.— No  certificate,  however,  shall  be 
given  or  patent  issued  therefor  until  the  expiration  of  three  years  from 
the  date  of  such  entry ;  and  if  at  the  expiration  of  such  time"^  or  at  any 
time  within  two  years  thereafter,  the  person  making  such  entry,  or  if 
he  be  dead  his  widow,  or  in  case  of  her  death  his  heirs  or  devisee,  or  in 
case  of  a  widow  making  such  entry  her  heirs  or  devisee,  in  case  of  her 
death,  proves  by  himself  and  by  two  credible  witnesses  that  he,  she,  or 
they  have  a  habitable  house  upon  the  land  and  have  actually  resided 
upon  and  cultivated  the  same  for  the  term  of  three  years  succeeding 
the  time  of  filing  the  affidavit,  and  makes  affidavit  that  no  proof  of  such 
land  has  been  alienated,  except  as  provided  in  section  2288,  and  that 
he,  she,  or  they  will  bear  true  allegiance  to  the  government  of  the 
United  States,  then  in  such  case  he,  she,  or  they,  if  at  that  time  citizens 
of  the  United  States,  shall  be  entitled  to  a  patent,  as  in  other  cases 
provided  by  law:  Provided,  That  upon  filing  in  the  local  land  office 
notice  of  the  beginning  of  such  absence,  the  entryman  shall  be  entitled 
to  a  continuous  leave  of  absence  from  the  land  for  a  period  not  exceed- 
ing five  months  in  each  year  after  establishing  residence,  and  upon 
the  termination  of  such  absence  the  entryman  shall  file  a  notice  of  such 
termination  in  the  local  land  office,  but  in  case  of  commutation  the  four- 
teen months'  actual  residence  as  now  required  by  law  must  be  shown, 
and  the  person  commuting  must  be  at  the  time  a  citizen  of  the  United 
States:  Provided,  That  when  the  person  making  entry  dies  before  the 
offer  of  final  proof  those  succeeding  to  the  entry  must  show  that  the 
entryman  had  complied  with  the  law  in  all  respects  to  the  date  of  his 
death  and  that  they  have  since  complied  with  the  law  in  all  respects  as 
would  have  been  required  of  the  entryman  had  he  lived,  excepting  that 
they  are  relieved  from  any  requirement  of  residence  upon  the  land: 
Provided  further,  That  the  entryman  shall,  in  order  to  comply  with 
the  requirements  of  cultivation  herein  provided  for,  cultivate  not  less 
than  one-sixteenth  of  the  area  of  his  entry,  beginning  with  the  second 
year  of  the  entry,  and  not  less  than  one-eighth,  beginning  with  the 
third  year  of  the  entry,  and  until  final  proof,  except  that  in  the  case 
of  entries  under  section  6  of  the  enlarged  homestead  law  double  the 
area  of  cultivation  herein  provided  shall  be  required,  but  the  Secretary 
of  the  Interior  may,  upon  a  satisfactory  showing,  under  rules  and  regu- 
lations prescribed  by  him,  reduce  the  required  area  of  cultivation:  Pro- 
vided, That  the  above  provision  as  to  cultivation  shall  not  apply  to 
entries  under  the  act  of  April  28,  1904,  commonly  known  as  the  Kinkaid 
act,  or  entries  under  the  act  of  June  17,  1902,  commonly  known  as  the 
reclamation  act,  and  that  the  provisions  of  this  section  relative  to  the 
homestead  period  shall  apply  to  all  unperfected  entries  as  well  as  en- 
tries hereafter  made  upon  which  residence  is  required:  Provided,  That 
the  Secretary  of  the  Interior  shall,  within  sixty  days  after  the  passage 


PUBLIC  LANDS — HOMESTEADS.  757 

of  this  act,  send  a  copy  of  the  same  to  each  homestead  entryman  of 
record  who  may  be  affected  thereby,  by  ordinary  mail  to  his  last  known 
address,  and  any  such  entryman  may,  by  giving  notice  within  one  hun- 
dred and  twenty  days  after  the  passage  of  this  act,  by  registered  letter 
to  the  register  and  receiver  of  the  local  land  office,  elect  to  make  proof 
upon  his  entry  under  the  law  under  which  the  same  was  made  without 
regard  to  the  provisions  of  this  act. 

§  2292.     Sale  of  Land  for  Benefit  of  Orphan  Infant  Children.— In 

case  of  the  death  of  both  father  and  mother,  leaving  an  infant  child  or 
children  under  twenty-one  years  of  age,  the  right  and  fee  shall  inure  to 
the  benefit  of  such  infant  child  or  children ;  and  the  executor,  adminis- 
trator, or  guardian  may,  at  any  time  within  two  years  after  the  death 
of  the  surviving  parent,  and  in  accordance  with  the  laws  of  the  State 
in  which  such  children,  for  the  time  being,  have  their  domicile,  sell  the 
land  for  the  benefit  of  such  infants,  but  for  no  other  purpose ;  and  the 
purchaser  shall  acquire  the  absolute  title  by  the  purchase,  and  be  en- 
titled to  a  patent  from  the  United  States  on  the  payment  of  the  office 
fees  and  sum  of  money  above  specified. 

§  2293.  Affidavit  by  Soldier  or  Sailor. — In  case  of  any  person  desir- 
ous of  availing  himself  of  the  benefits  of  this  chapter,  but  who,  by  rea- 
son of  actual  service  in  the  military  or  naval  service  of  the  United 
States,  is  unable  to  do  the  personal  preliminary  acts  at  the  district  land 
office  which  the  preceding  sections  require ;  and  whose  family,  or  some 
member  thereof,  is  residing  on  the  land  which  he  desires  to  enter,  and 
upon  which  a  ho^ia  fide  improvement  and  settlement  have  been  made, 
such  person  may  make  the  affidavit  required  by  law  before  the  officer 
commanding  the  branch  of  the  service  in  which  the  party  is  engaged, 
which  affidavit  shall  be  as  binding  in  law,  and  with  like  penalties,  as  if 
taken  before  the  register  or  receiver;  and  upon  such  affidavit  being 
filed  with  the  register  by  the  wife  or  other  representative  of  the  party, 
the  same  shall  become  effective  from  the  date  of  such  filing,  provided 
the  application  and  affidavit  are  accompanied  by  the  fee  and  commis- 
sions as  required  by  law. 

§  2294.  Proofs,  Before  Whom  Taken— Fees.— That  hereafter  all 
proofs,  affidavits,  and  oaths  of  any  kind  whatsoever  required  to  be  made 
by  applicants  and  entrymen  under  the  homestead,  pre-emption,  timber 
culture,  desert  land,  and  timber  and  stone  acts,  may,  in  addition  to 
those  now  authorized  to  take  such  affidavits,  proofs,  and  oaths,  be  made 
before  any  United  States  commissioner  or  commissioner  of  the  court 
exercising  Federal  jurisdiction  in  the  Territory  or  before  the  judge  or 
clerk  of  any  court  of  record  in  the  county,  parish,  or  land  district  in 
which  the  lands  are  situated:  Provided,  That  in  case  the  affidavits, 
proofs,  and  oaths  hereinbefore  mentioned  be  taken  out  of  the  county 
in  which  the  land  is  located  the  applicant  must  show  by  affidavit,  satis- 
factory to  the  Commissioner  of  the  General  Land  Office,  that  it  was 
taken  before  the  nearest  or  most  accessible  officer  qualified  to  take  said 
affidavits,  proofs,  and  oaths  in  the  land  districts  in  which  the  lands 


758  hillyer's  legal  manual. 

applied  for  are  located ;  but  such  showing  by  affidavit  need  not  be  made 
in  making  final  proof  if  the  proof  be  taken  in  the  town  or  city  where 
the  newspaper  is  published  in  which  the  final  proof  notice  is  printed. 
The  proof,  affidavit,  and  oath,  when  so  made  and  duly  subscribed,  or 
which  may  have  heretofore  been  so  made  and  duly  subscribed,  shall 
have  the  same  force  and  effect  as  if  made  before  the  register  and  re- 
ceiver, when  transmitted  to  them  with  the  fees  and  commissions  allowed 
and  required  by  law.  That  if  any  witness  making  such  proof,  or  any 
applicant  making  such  affidavit  or  oath,  shall  knowingly,  willfully,  or 
corruptly  swear  falsely  to  any  material  matter  contained  in  said  proofs, 
affidavits,  or  oaths  he  shall  be  deemed  guilty  of  perjury,  and  shall  be 
liable  to  the  same  pains  and  penalties  as  if  he  had  sworn  falsely  before 
the  register.  That  the  fees  for  entries  and  for  final  proofs,  when  made 
before  any  other  officer  than  the  register  and  receiver,  shall  be  as  fol- 
lows : 

"For  each  affidavit,  twenty-five  cents. 

"For  each  deposition  of  claimant  or  witness,  when  not  prepared  by 
the  officer,  twenty-five  cents. 

"For  each  deposition  of  claimant  or  witness,  prepared  by  the  officer, 
one  dollar. 

"Any  officer  demanding  or  receiving  a  greater  sum  for  such  service 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  punished 
for  each  offense  by  a  fine  not  exceeding  one  hundred  dollars." 

§  2296.  Lands  not  Liable  for  Debt. — No  lands  acquired  under  the 
provisions  of  this  chapter  shall  in  any  event  become  liable  to  the  satis- 
faction of  any  debt  contracted  prior  to  the  issuing  of  the  patent 
therefor. 

§  2297.    Abandonment — Extension  of  Time  to  Commence  Residence. 

If,  at  any  time  after  the  filing  of  the  affidavit  as  required  in  section 
2290  and  before  the  expiration  of  the  three  years  mentioned  in  section 
2291,  it  is  proved,  after  due  notice  to  the  settler,  to  the  satisfaction  of 
the  register  of  the  land  office  that  the  person  having  filed  such  affidavit 
has  failed  to  establish  residence  within  six  months  after  the  date  of 
entry,  or  abandoned  the  land  for  more  than  six  months  at  any  time, 
then  and  in  that  event  the  land  so  entered  shall  revert  to  the  govern- 
ment:  Provided,  That  the  three  years'  period  of  residence  herein  fixed 
shall  date  from  the  time  of  establishing  actual  permanent  residence 
upon  the  land:  And  provided  further.  That  where  there  may  be  cli- 
matic reasons,  sickness,  or  other  unavoidable  cause  the  Commissioner  of 
the  General  Land  Office  may,  in  his  discretion,  allow  the  settler  twelve 
months  from  the  date  of  filing  in  which  to  commence  his  residence  on 
said  land  under  such  rules  and  regulations  as  he  may  prescribe. 

§  2298.  Quarter-section  Limit. — No  person  shall  be  permitted  to  ac- 
quire title  to  more  than  one  quarter-section  imder  the  provisions  of 
this  chapter. 

§  2299.  Existing  Pre-emption  Rights. — Nothing  contained  in  this 
chapter  shall  be  so  construed  as  to  impair  or  interfere  in  any  manner 


PUBLIC  LANDS — HOMESTEADS.  759 

with  existing  pre-emption  rights;  and  all  persons  who  may  have  filed 
their  applications  for  a  pre-emption  right  prior  to  the  20th  day  of  May, 
1862,  shall  be  entitled  to  all  the  privileges  of  this  chapter. 

§  2300.     Age  Limit  Removed  from  Certain  Soldiers  and  Sailors. — No 

person  who  has  served,  or  may  hereafter  serve,  for  a  period  not  less 
than  fourteen  days  in  the  army  or  navy  of  the  United  States,  either 
regular  or  volunteer,  under  the  laws  thereof,  during  the  existence  of  an 
actual  war,  domestic  or  foreign,  shall  be  deprived  of  the  benefits  of  this 
chapter  on  account  of  not  having  attained  the  age  of  twenty-one  years. 

§  2301.  Commutation. — Nothing  in  this  chapter  shall  be  so  con- 
strued as  to  prevent  any  person  who  shall  hereafter  avail  himself  of 
the  benefits  of  section  2289,  from  paying  the  minimum  price  for  the 
quantity  of  land  so  entered  at  any  time  after  the  expiration  of  fourteen 
calendar  months  from  the  date  of  such  entry,  and  obtaining  a  patent 
therefor,  upon  making  proof  of  settlement  and  of  residence  and  culti- 
vation for  such  period  of  fourteen  months,  and  the  provision  of  this 
section  shall  apply  to  lands  on  the  ceded  portion  of  the  Sioux  Reserva- 
tion by  act  approved  March  2,  1889,  in  South  Dakota,  but  shall  not 
relieve  said  settlers  from  any  payments  now  required  by  law. 

§  2302.  Race  or  Color. — No  distinction  shall  be  made  in  the  con- 
struction or  execution  of  this  chapter  on  account  of  race  or  color;  nor 
shall  any  mineral  lands  be  liable  to  entry  and  settlement  under  its  pro- 
visions  

§  2304.  Soldiers'  and  Sailors'  Homesteads. — Every  private  soldier 
and  officer  who  has  served  in  the  army  of  the  United  States  during  the 
recent  rebellion  for  ninety  days,  and  who  was  honorably  discharged 
and  has  remained  loyal  to  the  government,  including  the  troops  mus- 
tered into  the  service  of  the  United  States  by  virtue  of  the  third  section 
of  an  act  approved  February  13,  1862,  and  every  seaman,  marine,  and 
officer  who  has  served  in  the  navy  of  the  United  States  or  in  the  Marine 
Corps  during  the  rebellion  for  ninety  days,  and  who  was  honorably 
discharged  and  has  remained  loyal  to  the  government,  and  every  pri- 
vate soldier  and  officer  who  has  served  in  the  army  of  the  United  States 
during  the  Spanish  War,  or  who  has  served,  is  serving,  or  shall  have 
served  in  the  said  army  during  the  suppression  of  the  insurrection  in 
the  Philippines  for  ninety  days,  and  who  was  or  shall  be  honorably 
discharged;  and  every  seaman,  marine,  and  officer  who  has  served  in 
the  navy  of  the  United  States  or  in  the  Marine  Corps  during  the  Span- 
ish War,  or  who  has  served,  is  serving,  or  shall  have  served  in  the  said 
forces  during  the  suppression  of  the  insurrection  in  the  Philippines  for 
ninety  days,  and  who  was  or  shall  be  honorably  discharged,  shall,  on 
compliance  with  the  provisions  of  this  chapter,  as  hereinafter  modified, 
be  entitled  to  enter  upon  and  receive  patents  for  a  quantity  of  public 
lands  not  exceeding  one  hundred  and  sixty  acres,  or  one  quarter-sec- 
tion, to  be  taken  in  compact  form,  according  to  legal  subdivisions, 
including  the  alternate  reserved  sections  of  public  lands  along  the  line 
of  any  railroad  or  other  public  work  not  otherwise  reserved  or  appro- 


760  HILLYER^S   LEGAL   MANUAL. 

priated,  and  other  lands  subject  to  entry  under  the  homestead  laws  of 
the  United  States;  but  such  homestead  settler  shall  be  allowed  six 
months  after  locating?  his  homestead  and  filinor  his  declaratory  state- 
ment within  which  to  make  his  entry  and  commence  his  settlement  and 
improvement. 

§  2305.  Time  Served  Deducted — Proof  by  Widow  or  Minor  Orphan 
Children. — The  time  which  the  homestead  settler  has  served  in  the 
army,  navy,  or  Marine  Corps  shall  be  deducted  from  the  time  heretofore 
required  to  perfect  title,  or  if  dischars^ed  on  account  of  wounds  received 
or  disability  incurred  in  the  line  of  duty,  then  the  term  of  enlistment 
shall  be  deducted  from  the  time  heretofore  required  to  perfect  title, 
without  reference  to  the  length  of  time  he  may  have  served ;  but  no 
patent  shall  issue  to  any  homestead  settler  who  has  not  resided  upon, 
improved,  and  cultivated  his  homestead  for  a  period  of  at  least  one 
year  after  he  shall  have  commenced  his  improvements :  Provided,  That 
in  every  case  in  which  a  settler  on  the  public  land  of  the  United  States 
under  the  homestead  law^s  died  while  actually  engaged  in  the  army, 
navy,  or  Marine  Corps  of  the  United  States  as  private  soldier,  officer, 
seaman,  or  marine,  during  the  war  with  Spain  or  the  Philippine  insur- 
rection, his  widow,  if  unmarried,  or  in  case  of  her  death  or  marriage, 
then  his  minor  orphan  children  or  his  or  their  legal  representatives, 
may  proceed  forthwith  to  make  final  proof  upon  the  land  so  held  by 
the  deceased  soldier  and  settler,  and  that  the  death  of  such  soldier  while 
so  engaged  in  the  service  of  the  United  States  shall,  in  the  administra- 
tion of  the  homestead  laws,  be  construed  to  be  equivalent  to  a  perform- 
ance of  all  requirements  as  to  residence  and  cultivation  for  the  full 
period  of  five  years,  and  shall  entitle  his  widow,  if  unmarried,  or  in  case 
of  her  death  or  marriage,  then  his  minor  orphan  children  or  his  or  their 
legal  representatives,  to  make  final  proof  upon  and  receive  government 
patent  for  said  land;  and  that  upon  proof  produced  to  the  officers  of 
the  proper  local  land  office  by  the  widow,  if  unmarried,  or  in  case  of  her 
death  or  marriage,  then  his  minor  orphan  children  or  his  or  their  legal 
representatives,  that  the  applicant  for  patent  is  the  widow,  if  unmar- 
ried, or  in  case  of  her  death  or  marriage,  his  orphan  children  or  his  or 
their  legal  representatives,  and  that  such  soldier,  sailor,  or  marine  died 
while  in  the  service  of  the  United  States  as  hereinbefore  described,  the 
patent  for  such  land  shall  issue 

§  2307.     Benefits,  How  Devolved  on  Death  of  Soldier  or  Sailor. — 

In  case  of  the  death  of  any  person  who  would  be  entitled  to  a  home- 
stead under  the  provisions  of  section  2304,  his  widow,  if  unmarried,  or 
in  case  of  her  death  or  marriage,  then  his  minor  orphan  children,  by  a 
guardian  duly  appointed  and  officially  accredited  at  the  Department  of 
the  Interior,  shall  be  entitled  to  all  the  benefits  enumerated  in  this  chap- 
ter, subject  to  all  the  provisions  as  to  settlement  and  improvement 
therein  contained;  but  if  such  person  died  during  his  term  of  enlist- 
ment, the  whole  term  of  his  enlistment  shall  be  deducted  from  the  time 
heretofore  required  to  perfect  the  title 


PUBLIC  LANDS — HOMESTEADS.  761 

§  2309.  Entry  by  Agent.— Every  soldier,  sailor,  marine,  officer,  or 
other  person  coming  within  the  provisions  of  section  2304,  may,  as  well 
by  an  agent  as  in  person,  enter  upon  such  homestead  by  filing  a 
declaratory  statement,  as  in  pre-emption  cases;  but  such  claimant  in 
person  shall  within  the  time  prescribed  make  his  actual  entry,  com- 
mence settlement  and  improvements  on  the  same,  and  thereafter  fulfill 
the  requirements  of  the  law. 

THREE  HUNDRED  AND  TWENTY  ACRE  LIMITATION. 

No  person  who  shall,  after  the  passage  of  this  act,  enter  upon  any  of 
the  public  lands  with  a  view  to  occupation,  entry,  or  settlement  under 
any  of  the  land  laws  shall  be  permitted  to  acquire  title  to  more  than 
three  hundred  and  twenty  acres  in  the  aggregate,  under  all  of  said 
laws,  but  this  limitation  shall  not  operate  to  curtail  the  right  of  any 
person  who  has  heretofore  made  entry  or  settlement  on  the  public 
lands,  or  whose  occupation,  entry,  or  settlement  is  validated  by  this 
act :  Provided,  That  in  all  patents  for  lands  hereafter  taken  up  under 
any  of  the  land  laws  of  the  United  States  or  on  entries  or  claims  vali- 
dated by  this  act,  west  of  the  one  hundredth  meridian,  it  shall  be  ex- 
pressed that  there  is  reserved  from  the  lands  in  said  patent  described 
a  right  of  way  thereon  for  ditches  or  canals,  constructed  by  the  author- 
ity of  the  United  States.     (26  Stats,  at  Large,  391.) 

MINERAL  LANDS  EXCLUDED. 

The  provisions  of  "An  act  making  appropriations  for  sundry  civil 
expenses  of  the  government  for  the  fiscal  year  ending  June  thirtieth, 
eighteen  hundred  and  ninety-one  and  for  other  purposes,"  which 
reads  as  follows,  viz.:  "No  person  who  shall  after  the  passage  of  this 
act  enter  upon  any  of  the  public  lands  with  a  view  to  occupation, 
entry,  or  settlement  under  any  of  the  land  laws  shall  be  permitted  to 
acquire  title  to  more  than  three  hundred  and  twenty  acres  in  the 
aggregate  under  all  said  laws,"  shall  be  construed  to  include  in  the 
maximum  amount  of  lands  the  title  to  which  is  permitted  to  be  acquired 
by  one  person  only  agricultural  lands,  and  not  include  lands  entered 
or  sought  to  be  entered  under  mineral  land  laws.  (26  Stats,  at  Large, 
1095.) 

ADDITIONAL  HOMESTEAD  ENTRIES. 

Every  person  entitled,  under  the  provisions  of  the  homestead  law,  to 
enter  a  homestead,  who  has  heretofore  complied  with  or  who  shall 
hereafter  comply  with  the  conditions  of  said  laws,  and  who  shall  have 
made  his  final  proof  thereunder  for  a  quantity  of  land  less  than  one 
hundred  and  sixty  acres  and  received  the  receiver's  final  receipt  there- 
for, shall  be  entitled  under  said  laws  to  enter  as  personal  right,  and 
not  assignable,  by  legal  subdivisions  of  the  public  lands  of  the  United 
States  subject  to  homestead  entry,  so  much  additional  land  as  added  to 
the  quantity  previously  so  entered  by  him  shall  not  exceed  one  hun- 
dred and  sixty  acres :  Provided,  That  in  no  case  shall  patent  issue  for 
the  land  covered  by  such  additional  entry  until  the  person  making 


762  HILLYER'S   LEGAL   MANUAL. 

such  additional  entry  shall  have  actually  and  in  conformity  with  the 
homestead  laws  resided  upon  and  cultivated  the  lands  so  additionally 
entered,  and  otherwise  fully  complied  with  such  laws:  Provided  also, 
That  this  section  shall  not  be  construed  as  affecting  any  rights  as  to 
location  of  soldiers'  certificates  heretofore  issued  under  section  2306 
of  the  Revised  Statutes.     (25  Stats,  at  Large,  854.) 

LAND  LYING  CONTIGUOUS  TO  ORIGINAL  ENTRY. 

That  any  homestead  settler  who  has  heretofore  entered,  or  may  here- 
after enter,  less  than  one  quarter-section  of  land  may  enter  other  and 
additional  land  lying  contiguous  to  the  original  entry  which  shall  not, 
with  the  land  first  entered  and  occupied,  exceed  in  the  aggregate  one 
hundred  and  sixty  acres,  without  proof  of  residence  upon  and  cultiva- 
tion of  the  additional  entry ;  and  if  final  proof  of  settlement  and  culti- 
vation has  been  made  for  the  original  entry  when  the  additional  entry 
is  made,  then  the  patent  shall  issue  without  further  proof:  Provided, 
That  this  section  shall  not  apply  to  or  for  the  benefit  of  any  person  who 
does  not  own  and  occupy  the  lands  covered  by  the  original  entry :  And 
provided.  That  if  the  original  entry  should  fail  for  any  reason  prior  to 
patent,  or  should  appear  to  be  illegal  or  fraudulent,  the  additional  entry 
shall  not  be  permitted,  or,  if  having  been  initiated,  shall  be  canceled. 
(33  Stats,  at  Large,  527.) 

COMMUTATION  NOT  ALLOWED. 

That  commutation  under  the  provisions  of  section  2301  of  the  Revised 
Statutes  shall  not  be  allowed  of  an  entry  made  under  this  act.  (33 
Stats,  at  Large,  527.) 

PERSON  WHO  HAS  COMMUTED  ENTITLED  TO  BENEFITS  OF 

HOMESTEAD  LAWS. 

That  any  person  who  has  heretofore  made  entry  under  the  home- 
stead laws  and  commuted  same  under  provisions  of  section  2301  of 
the  Revised  Statutes  of  the  United  States  and  the  amendments  thereto, 
shall  be  entitled  to  the  benefits  of  the  homestead  laws,  as  though 
such  former  entry  had  not  been  made,  except  that  commutation  under 
the  provisions  of  section  2301  of  the  Revised  Statutes  shall  not  be 
allowed  of  an  entry  made  under  this  section  of  this  act.  (31  Stats, 
at  Large,  267.) 

ADDITIONAL    ENTRY    WHERE    PRIOR    ENTRY    PERFECTED 
BEFORE  MAY  17,  1900. 

That  any  person  who,  prior  to  the  passage  of  an  act  entitled  "An 
act  providing  for  free  homesteads  on  the  public  lands  for  actual 
and  bona  fide  settlers,  and  reserving  the  public  lands  for  that  purpose," 
approved  May  17,  1900,  having  made  a  homestead  entry  and  perfected 
the  same  and  acquired  title  to  the  land  by  final  entry  by  having  paid 
the  price  provided  in  the  law  opening  the  land  to  settlement,  and  who 
w^ould  have  been  entitled  to  the  provisions  of  the  act  before  cited  had 
final  entry  not  been  made  prior  to  the  passage  of  said  act,  may  make 


PUBLIC  LANDS — HOMESTEADS.  763 

another  homestead  entry  of  not  exceeding  one  hundred  and  sixty  acres 
of  any  of  the  public  lands  in  any  State  or  Territory  subject  to  home- 
stead entry:  Provided,  That  any  person  desiring  to  make  another  entry 
under  this  act  will  be  required  to  make  affidavit,  to  be  transmitted  with 
the  other  filing  papers  now  required  by  law,  giving  the  description  of 
the  tract  formerly  entered,  date  and  number  of  entry,  and  name  of  the 
land  office  where  made,  or  other  sufficient  data  to  admit  of  readily 
identifying  it  on  the  official  records:  And  provided  further,  That  said 
person  has  all  the  other  proper  qualifications  of  a  homestead  entryman: 
And  provided  also.  That  commutation  under  section  2301  of  the  Revised 
Statutes  or  any  amendment  thereto,  or  any  similar  statute,  shall  not  be 
permitted  of  an  entry  made  under  this  act,  excepting  where  the  final 
proof,  submitted  on  the  former  entry  hereinbefore  described,  shows  a 
residence  upon  the  land  covered  thereby  for  the  full  period  of  five  j^ears 
or  such  term  of  residence  thereon  as  added  to  any  properly  credited 
military  or  naval  service  shall  equal  such  period  of  five  years.  (32 
Stats,  at  Large,  2037.) 

SECOND  HOMESTEAD  ENTRIES. 

Any  person  w^ho,  prior  to  the  approval  of  this  act,  has  made  entry 
under  the  homestead  or  desert  land  laws,  but  who,  subsequently  to  such 
entry,  from  any  cause  shall  have  lost,  forfeited,  or  abandoned  the  same, 
shall^  be  entitled  to  the  benefits  of  the  homestead  or  desert  land  laws 
as  though  such  former  entry  had  not  been  made,  and  any  person  apply- 
ing for  a  second  homestead  or  desert  land  entry  under  this  act  shall 
furnish  a  description  and  the  date  of  his  former  entry :  Provided,  That 
the  provisions  of  this  act  shall  not  apply  to  any  person  whose  former 
entry  was  canceled  for  fraud,  or  who  relinquished  his  former  entry 
for  a  valuable  consideration  in  excess  of  the  filing  fees  paid  by  him  on 
his  original  entry.     (36  Stats,  at  Large,  896.) 

RIGHTS  OF  SETTLERS. 

Any  settler  who  has  settled,  or  who  shall  hereafter  settle,  on  any  of 
the  public  lands  of  the  United  States,  whether  surveyed  or  unsurveyed, 
with  the  intention  of  claiming  the  same  under  the  homestead  laws, 
shall  be  allowed  the  same  time  to  file  his  homestead  application  and 
perfect  his  original  entry  in  the  United  States  Land  Office  as  is  now 
allowed  to  settlers  under  the  pre-emption  laws  to  put  their  claims  on 
record,  and  his  right  shall  relate  back  to  the  date  of  settlement  the 
same  as  if  he  settled  under  the  pre-emption  laws.  (21  Stats,  at  Large, 
140.) 

COMMUTATIONS. 

All  commutations  of  homestead  entries  shall  be  allowed  after  the 
expiration  of  fourteen  months  from  date  of  settlement.  (29  Stats,  at 
Large,  197.) 


764  hillyer's  legal  manual. 

HOMESTEAD  ENTRY  BY  MARRIED  WOMAN. 

Where  an  unmarried  woman  who  has  heretofore  settled,  or  who  may 
hereafter  settle,  upon  a  tract  of  public  land,  improved,  established,  and 
maintained  a  ho)ia  fide  residence  thereon,  with  the  intention  of 
appropriating  the  same  for  a  home,  subject  to  the  homestead  law,  and 
has  married,  or  shall  hereafter  marry,  before  making  entry  of  said 
land  or  before  making  application  to  enter  said  land,  she  shall  not, 
on  account  of  her  marriage,  forfeit  her  right  to  make  entry  and  receive 
patent  for  the  land :  Provided,  That  she  does  not  abandon  her  residence 
on  said  land,  and  is  otherwise  qualified  to  make  a  homestead  entry: 
Provided,  further,  That  the  man  w^hom  she  marries  is  not,  at  the  time 
of  their  marriage,  claiming  a  separate  tract  of  land  under  the  home- 
stead law.  This  act  shall  be  applicable  to  all  unpatented  lands  claimed 
by  such  entrywoman  at  the  date  of  passage.     (31  Stats,  at  Large,  683.) 

SETTLERS  WHO  BECOME  INSANE. 

In  all  cases  in  which  parties  who  regularly  initiated  claims  to 
public  lands  as  settlers  thereon,  according  to  the  provisions  of  the 
pre-emption  or  homestead  laws,  have  become  insane  or  shall  hereafter 
become  insane  before  the  expiration  of  the  time  during  which  their 
residence,  cultivation,  or  improvement  of  the  land  claimed  by  them 
is  required  by  law  to  be  continued  in  order  to  entitle  them  to  make 
the  proper  proof  and  perfect  their  claims,  it  shall  be  lawful  for 
the  required  proof  and  payment  to  be  made  for  their  benefit  by 
any  person  who  may  be  legally  authorized  to  act  for  them  during  their 
disability,  and  thereupon  their  claims  shall  be  confirmed  and  patented, 
provided  it  shall  be  shown  by  proof  satisfactory  to  the  Commissioner 
of  the  Greneral  Land  Office  that  the  parties  complied  in  good  faith  with 
the  legal  requirements  up  to  the  time  of  their  becoming  insane,  and  the 
requirements  in  homestead  entries  of  an  affidavit  of  allegiance  by  the 
applicant  in  certain  cases  as  a  prerequisite  to  the  issuing  of  the  patents 
shall  be  dispensed  with  so  far  as  regards  such  insane  parties.  (21  Stats, 
at  Large,  166.) 

LEAVES  OF  ABSENCE. 

That  whenever  it  shall  be  made  to  appear  to  the  register  and 
receiver  of  any  public  land  office,  under  such  regulations  as  the  Secre- 
tary of  the  Interior  may  prescribe,  that  any  settler  upon  the  pub- 
lic domain  under  existing  law  is  unable,  by  reason  of  a  total  or 
partial  destruction  or  failure  of  crops,  sickness,  or  other  unavoidable 
casualty,  to  secure  a  support  for  himself,  herself,  or  those  dependent 
upon  him  or  her  upon  the  lands  settled  upon,  then  such  register 
and  receiver  may  grant  to  such  a  settler  a  leave  of  absence  from  the 
claim  upon  which  he  or  she  has  filed  for  a  period  not  exceeding  one 
year  at  any  one  time,  and  such  settler  so  granted  leave  of  absence  shall 
forfeit  no  rights  by  reason  of  such  absence :  Provided,  That  the  time 
of  such  actual  absence  shall  not  be  deducted  from  the  actual  residence 
required  by  law.     (25  Stats,  at  Large,  854.) 


PUBLIC  LANDS — HOMESTEADS.  765 

FINAL  PROOF  NOTICE. 

Before  final  proof  shall  be  submitted  by  any  person  claiming  to 
enter  agricultural  lands  under  the  laws  providing  for  pre-emption  or 
homestead  entries,  such  person  shall  file  with  the  register  of  the 
proper  land  office  a  notice  of  his  or  her  intention  to  make  such  proof, 
stating  therein  the  description  of  lands  to  be  entered  and  the  names 
of  the  witnesses  by  whom  the  necessary  facts  will  be  established. 
Upon  the  filing  of  such  notice  the  register  shall  publish  a  notice,  that 
such  application  has  been  made,  once  a  week  for  the  period  of 
thirty  days,  in  a  newspaper  to  be  by  him  designated  as  published  near- 
est to  such  land,  and  he  shall  also  post  such  notice  in  some  conspicuous 
place  in  his  office  for  the  same  period.  Such  notice  shall  contain  the 
names  of  the  witnesses  as  stated  in  the  application.  At  the  expiration 
of  said  period  of  thirty  days  the  claimant  shall  be  entitled  to  make 
proof  in  the  manner  heretofore  provided  by  law.  The  Secretary  of  the 
Interior  shall  make  all  necessary  rules  for  giving  effect  to  the  forego- 
ing provisions. 

Accident  or  Unavoidable  Delays.— That  the  "act  to  provide  ad- 
ditional regulations  for  homestead  and  pre-emption  entries  of  public 
land,"  approved  March  3,  1879,  shall  not  be  construed  to  forbid  the 
taking  of  testimony  for  final  proof  within  ten  days  following  the  day 
advertised  as  upon  which  such  final  proof  shall  be  made,  in  cases  where 
accident  or  unavoidable  delays  have  prevented  the  applicant  or  wit- 
nesses from  making  such  proof  on  the  date  specified.  (25  Stats,  at 
Large,  472.) 

Penalties  for  Destroying  Corner  Monuments. — Whoever  shall  will- 
fully destroy,  deface,  change,  or  remove  to  another  place  any  section 
corner,  quarter-section  corner,  or  meander  post,  on  any  government 
line  of  survey,  or  shall  willfully  cut  down  any  witness  tree  or  any  tree 
blazed  to  mark  the  line  of  a  government  survey,  or  shall  willfully  de- 
face, change,  or  remove  any  monument  or  bench  mark  of  any  govern- 
ment survey,  shall  be  fined  not  more  than  two  hundred  and  fifty  dollars, 
or  imprisoned  not  more  than  six  months  or  both.  (U.  S.  Crim.  Code, 
c.  4,  §  57.) 

Relinquishments. — ^When  a  pre-emption,  homestead,  or  timber  culture 
claimant  shall  file  a  written  relinquishment  of  his  claim  in  the  local  land 
office,  the  land  covered  by  such  claim  shall  be  held  as  open  to  settle- 
ment and  entry  without  further  action  on  the  part  of  the  Commissioner 
of  the  General  Land  Office.     (21  Stats,  at  Large,  140.) 

Enlarged  Homesteads. — Any  person  who  is  a  qualified  entryman 
under  the  homestead  laws  of  the  United  States  may  enter,  bj^  legal 
subdivisions,  under  the  provisions  of  this  act,  in  the  States  of  Arizona, 
California,  Colorado,  Montana,  Nevada,  New  Mexico,  North  Dakota, 
Oregon,  Utah,  Washington,  and  Wyoming,  three  hundred  and  twenty 
acres  or  less,  of  nonmineral,  nonirrigable,  unreserved  and  unappro- 
priated surveyed  public  lands  which  do  not  contain  merchantable  tim- 
ber, located  in  a  reasonably  compact  body,  and  not  over  one  and  one- 


766  HILLYER^S   LEGAL   MANUAL. 

half  miles  in  extreme  length :  Provided,  That  no  lands  shall  be  subject 
to  entry  under  the  provisions  of  this  act  until  such  lands  shall  have 
been  designated  by  the  Secretary  of  the  Interior  as  not  being,  in  his 
opinion,  susceptible  of  successful  irrigation  at  a  reasonable  cost  from 
any  known  source  of  water  supply.  (35  Stats,  at  Large,  639 ;  37  Stats. 
at  Large,  132.) 

§  2.  That  any  person  applying  to  enter  land  under  the  provisions 
of  this  act  shall  make  and  subscribe  before  the  proper  officer  an  affi- 
davit as  required  by  section  2290  of  the  Revised  Statutes,  and  in  addi- 
tion thereto  shall  make  affidavit  that  the  land  sought  to  be  entered  is 
of  the  character  described  in  section  1  of  this  act,  and  shall  pay  the 
fees  now  required  to  be  paid  under  the  homestead  laws.  (35  Stats, 
at  Large,  639.) 

§  3.  That  any  homestead  entryman  of  lands  of  the  character  herein 
described,  upon  which  entry  final  proof  has  not  been  made,  shall  have 
the  right  to  enter  public  lands,  subject  to  the  provisions  of  this  act, 
contiguous  to  his  former  entry,  which  shall  not,  together  with  the  orig- 
inal entry,  exceed  three  hundred  and  twenty  acres.  (Act  of  Feb.  11, 
1913.) 

§  4.  That  at  the  time  of  making  final  proofs,  as  provided  in  section 
2291  of  the  Revised  Statutes,  the  entrj^man  under  this  act  shall,  in  addi- 
tion to  the  proofs  and  affidavits  required  under  said  section,  prove  by 
two  credible  witnesses  that  at  least  one-sixteenth  of  the  area  embraced 
in  such  entry  was  continuously  cultivated  for  agricultural  crops  other 
than  native  grasses  beginning  with  the  second  year  of  the  entry,  and 
that  at  least  one-eighth  of  the  area  embraced  in  the  entry  was  so  con- 
tinuously cultivated  beginning  with  the  third  year  of  the  entry:  Pro- 
vided, That  any  qualified  person  who  has  heretofore  made  or  hereafter 
makes  additional  entry  under  the  provisions  of  section  3  of  this  act  may 
be  allow^ed  to  perfect  title  to  his  original  entry  by  showing  compliance 
with  the  provisions  of  section  2291  of  the  Revised  Statutes  respecting 
such  original  entry,  and  thereafter  in  making  proof  upon  his  additional 
entry  shall  be  credited  with  residence  maintained  upon  his  original 
entry  from  the  date  of  such  original  entry,  but  the  cultivation  required 
upon  entries  made  under  this  act  must  be  shown  respecting  such  addi- 
tional entry,  which  cultivation,  while  it  may  be  made  upon  either  the 
original  or  additional  entry,  or  upon  both  entries,  must  be  cultivation 
in  addition  to  that  relied  upon  and  used  in  making  proof  upon  the  orig- 
inal entry;  or,  if  he  elects,  his  original  and  additional  entries  may  be 
considered  as  one,  with  full  credit  for  residence  upon  and  improve- 
ments made  under  his  original  entry,  in  w^hich  event  the  amount  of 
cultivation  herein  required  shall  apply  to  the  total  area  of  the  com- 
bined entry,  and  proof  may  be  made  upon  such  combined  entry 
whenever  it  can  be  shown  that  the  cultivation  required  by  this  section 
has  been  performed ;  and  to  this  end  the  time  within  which  proof  must 
be  made  upon  such  combined  entry  is  hereby  extended  to  seven  years 
from  the  date  of  the  original  entry:  Provided,  further.  That  nothing 
herein  contained  shall  be  so  construed  as  to  require  residence  upon  the 


PUBLIC  LANDS — HOMESTEADS.  767 

combined  entry  in  excess  of  the  period  of  residence  as  required  by  sec- 
tion 2291  of  the  Revised  Statutes.     (Act  of  Feb.  11,  1913.) 

§  5.  That  nothing  herein  contained  shall  be  held  to  affect  the  right 
of  a  qualified  entryman  to  make  homestead  entry  in  the  States  named 
in  section  1  of  this  act  under  the  provisions  of  section  2289  of  the 
Revised  Statutes,  but  no  person  who  has  made  entry  under  this  act 
shall  be  entitled  to  make  homestead  entry  under  the  provisions  of 
said  section,  and  no  entry  made  under  this  act  shall  be  commuted.  (35 
Stats,  at  Large,   639.) 

§  6.  That  whenever  the  Secretary  of  the  Interior  shall  find  that  any 
tracts  of  land,  in  the  State  of  Utah,  subject  to  entry  under  this  act, 
do  not  have  upon  them  such  a  sufficient  supply  of  water  suitable  for 
domestic  purposes  as  would  make  continuous  residence  upon  the  lands 
possible,  he  may,  in  his  discretion,  designate  such  tracts  of  land,  not 
to  exceed  in  the  aggregate  two  million  acres,  and  thereafter  they  shall 
be  subject  to  entry  under  this  act  without  the  necessity  of  residence : 
Provided,  That  in  such  event  the  entryman  on  any  such  entry  shall 
in  good  faith  cultivate  not  less  than  one-eighth  of  the  entire  area  of 
the  entry  during  the  second  year,  one-fourth  during  the  third  year, 
and  one-half  during  the  fourth  and  fifth  years  after  the  date  of  such 
entry,  and  that  after  entry  and  until  final  proof  the  entryman  shall 
reside  within  such  distance  of  said  land  as  will  enable  him  successfully 
to  farm  the  same  as  required  bv  this  section.  (35  Stats,  at  Large, 
639.) 

Settlement  Rights  Under  Enlarged  Homestead  Acts. — Any  set- 
tler upon  lands  designated  by  the  Secretary  of  the  Interior  as  subject 
to  the  provisions  of  sections  1  to  5  of  the  enlarged  homestead  acts  of 
February  19th,  1909  (Thirty-fifth  Statutes,  639),  and  June  17th,  1910 
(Thirty-sixth  Statutes,  531),  shall  be  entitled  to  the  preference  right 
of  entry  accorded  by  this  section,  provided  he  shall  have  plainly  marked 
the  exterior  boundaries  of  the  lands  claimed  as  his  homestead:  And 
provided  further.  That  after  the  designation  by  the  Secretary  of  the 
Interior  of  public  lands  for  entry  under  the  nonresidence  provisions  of 
the  enlarged  homestead  acts  of  February  19,  1909,  and  June  17, 
1910,  any  person  who  shall  have  plainly  marked  the  exterior  bound- 
aries of  the  lands  claimed  under  said  provisions  of  law  and  made 
valuable  improvements  thereon  shall  have  a  preference  right  to  enter 
the  lands  so  claimed  and  improved  at  any  time  within  three  months 
after  the  date  on  which  such  lands  become  subject  to  entry,  but  such 
right  shall  forfeit  unless  the  settler  or  claimant  under  the  provisions 
of  the  enlarged  homestead  acts  shall  annually  cultivate  and  improve 
the  lands  in  the  form  and  manner  and  to  the  extent  therein  required 
following  date  of  initiation  of  his  claim  hereunder.  (37  Stats,  at 
Large,  267.) 

Settlement  Prior  to  Three  Year  Homestead  Law. — That  any  person 
entitled  to  enter  lands  under  the  homestead  laws,  who  may  have  estab- 
lished residence  upon  unsurveyed  lands  (which  were  subject  to  home- 
stead entry)  prior  to  the  passage  and  approval  of  the  act  of  June  6th, 


768  HILLYER^S  LEGAL   MANUAL. 

1912,  entitled,  ''An  act  to  amend  section  2291  and  section  2297  of  the 
Revised  Statutes  relating  to  homesteads,"  may  perfect  his  proof  for 
such  lands  under  said  act  of  June  6,  1912,  or  under  the  law  existing 
at  the  time  of  the  establishment  of  such  residence,  as  he  may  elect,  such 
election  to  be  signified  to  the  Department  of  the  Interior  in  accordance 
with  rules  and  regulations  to  be  prescribed  by  the  Secretary.  (Act  of 
March  4,  1913.) 

ACTS  RELATING  TO  TIMBER  AND  STONE  ENTRIES. 

Public  Lands  Unfit  for  Cultivation  may  be  Sold. — Surveyed  public 
lands  of  the  United  States  within  the  public  land  States  not  included 
within  military,  Indian,  or  other  reservations  of  the  United  States,  valu- 
able chiefly  for  timber,  but  unfit  for  cultivation,  and  which  have  not 
been  offered  at  public  sale,  according  to  law,  may  be  sold  to  citizens  of 
the  United  States,  or  persons  who  have  declared  their  intention  to  be- 
come such,  in  quantities  not  exceeding  one  hundred  and  sixty  acres  to 
any  one  person  or  association  of  persons,  at  the  minimum  price  of  two 
dollars  and  fifty  cents  per  acre;  and  lands  valuable  chiefly  for  stone 
may  be  sold  on  the  same  terms  as  timber  lands :  Provided,  that  nothing 
herein  contained  shall  defeat  or  impair  any  hona  fide  claim  under  any 
law  of  the  United  States,  or  authorize  the  sale  of  any  mining  claim,  or 
the  improvements  of  any  hona  fide  settler,  or  lands  containing  gold, 
silver,  cinnabar,  copper,  or  coal,  or  lands  selected  by  the  said  States 
under  any  law  of  the  United  States,  donating  lands  for  internal  im- 
provements, education,  or  other  purposes :  And  provided  further,  That 
none  of  the  rights  conferred  by  the  act  approved  July  26,  1866,  entitled 
''An  act  granting  the  right  of  way  to  ditch  and  canal  owners  over 
the  public  lands,  and  for  other  purposes,"  shall  be  abrogated  by  this 
act;  and  all  patents  granted  shall  be  subject  to  any  vested  and  accrued 
water  rights,  or  rights  to  ditches  and  reservoirs  used  in  connection 
with  such  water  rights,  as  may  have  been  acquired  under  and  by  the 
provisions  of  said  act;  and  such  rights  shall  be  expressly  reserved  in 
any  patent  issued  under  this  act.     (20  Stats,  at  Large,  89.) 

§  2.  Statement. — That  any  person  desiring  to  avail  himself  of  the 
provisions  of  this  act  shall  file  with  the  register  of  the  proper  district 
a  written  statement  in  duplicate,  one  of  which  is  to  be  transmitted  to 
the  General  Land  Office,  designating  by  legal  subdivisions  the  particu- 
lar tract  of  land  he  desires  to  purchase,  setting  forth  that  the  same  is 
unfit  for  cultivation,  and  valuable  chiefly  for  its  timber  or  stone ;  that 
it  is  uninhabited;  contains  no  mining  or  other  improvements,  except 
for  ditch  or  canal  purposes,  where  any  such  do  exist,  save  such  as  were 
made  by  or  belonged  to  the  applicant,  nor,  as  deponent  verily  believes, 
any  valuable  deposit  of  gold,  silver,  cinnabar,  copper,  or  coal;  that 
deponent  has  made  no  other  application  under  this  act ;  that  he  does 
not  apply  to  purchase  the  same  on  speculation,  but  in  good  faith  to 
appropriate  it  to  his  own  exclusive  use  and  benefit,  and  that  he  has 
not,  directly  or  indirectly,  made  any  agreement  or  contract,  in  any 
way  or  manner,  with  any  person  or  persons  whatsoever,  by  which  the 


PUBLIC  LANDS TIMBER  AND  STONE.  769 

title  which  he  might  acquire  from  the  government  of  the  United  States 
should  inure,  in  whole  or  in  part,  to  the  benefit  of  any  person  except 
himself ;  which  statement  must  be  verified  by  the  oath  of  the  applicant 
before  the  register  or  the  receiver  of  the  land  office  within  the  district 
where  the  land  is  situated;  and  if  any  person  taking  such  oath  shall 
swear  falsely  in  the  premises,  he  shall  be  subject  to  all  the  pains  and 
penalties  of  perjury,  and  shall  forfeit  the  money  which  he  may  have 
paid  for  said  lands,  and  all  right  and  title  to  the  same;  and  any  grant 
or  conveyance  which  he  may  have  made,  except  in  the  hands  of  bona 
fide  purchasers  shall  be  null  and  void.     (20  Stats,  at  Large,  89.) 

§  3.  Notice  of  Application— Patent — Objection. — That  upon  the  fil- 
ing of  said  statement,  as  provided  in  the  second  section  of  this  act,  the 
register  of  the  land  office  shall  post  a  notice  of  such  application,  em- 
bracing a  description  of  the  land,  by  legal  subdivisions,  in  his  office,  for 
a  period  of  sixty  days,  and  shall  furnish  the  applicant  a  copy  of  the 
same  for  publication,  at  the  expense  of  such  applicant,  in  a  newspaper 
published  nearest  the  location  of  the  premises,  for  a  like  period  of  time ; 
and  after  the  expiration  of  said  sixty  days,  if  no  adverse  claim  shall 
have  been  filed,  the  person  desiring  to  purchase  shall  furnish  to  the 
register  of  the  land  office  satisfactory  evidence,  first,  that  said  notice 
of  the  application  prepared  by  the  register  as  aforesaid  w^as  duly  pub- 
lished in  a  newspaper  as  herein  required ;  secondly,  that  the  land  is  of 
the  character  contemplated  in  this  act,  unoccupied  and  without  im- 
provements, other  than  those  excepted,  either  mining  or  agricultural, 
and  that  it  apparently  contains  no  valuable  deposits  of  gold,  silver, 
cinnabar,  copper,  or  coal;  and  upon  payment  to  the  proper  officer  of 
the  purchase  money  of  said  land,  together  with  the  fees  of  the  register 
and  the  receiver,  as  provided  for  in  case  of  mining  claims  in  the 
twelfth  section  of  the  act  approved  May  10,  1872,  the  applicant  may  be 
permitted  to  enter  said  tract,  and,  on  the  transmission  to  the  General 
Land  Office  of  the  papers  and  testimony  in  the  case,  a  patent  shall  issue 
thereon :  Provided,  That  any  person  having  a  valid  claim  to  any  portion 
of  the  land  may  object,  in  writing,  to  the  issuance  of  a  patent  to  lands 
so  held  by  him,  stating  the  nature  of  his  claim  thereto ;  and  evidence 
shall  be  taken,  and  the  merits  of  said  objection  shall  be  determined  by 
the  officers  of  the  land  office,  subject  to  appeal,  as  in  other  land  cases. 
Effect  shall  be  given  to  the  foregoing  provisions  of  this  act  by  regula- 
tions to  be  prescribed  by  the  Commissioner  of  the  General  Land  Office. 

Lands  Chiefly  Valuable  for  Building  Stone. — Any  person  authorized 
to  enter  lands  under  the  mining  laws  of  the  United  States  may  enter 
lands  that  are  chiefly  valuable  for  building  stone  under  the  provisions 
of  the  law  in  relation  to  placer  mineral  claims:  Provided,  That  lands 
reserved  for  the  benefit  of  the  public  schools  or  donated  to  any  State 
shall  not  be  subject  to  entry  under  this  act.     (27  Stats,  at  Large,  348.) 

Military  Bounty  Land  Warrants  Receivable  in  Payment  for  Any 

Lands  Entered  Under  the  Desert  Land  Law,  the  Timber  Culture  Law, 

and  the  Timber  and  Stone  Law. — In  addition  to  the  benefits  now  given 

thereto  bv  law,  all  unsatisfied  military  bounty  land  warrants  under  any 

49 


770  hillyer's  legal  manual. 

act  of  Congress,  and  unsatisfied  indemnity  certificates  of  location 
under  the  act  of  Congress  approved  June  2,  1858,  whether  heretofore 
or  hereafter  issued,  shall  be  receivable  at  the  rate  of  one  dollar  and 
twenty-five  cents  per  acre  in  payment  or  part  payment  for  any  lands 
entered  under  the  desert  land  law  of  March  3,  188 [70] 7,  entitled  ''An 
act  to  provide  for  the  sale  of  desert  lands  in  certain  States  and  Territo- 
ries,"  and  the  amendments  thereto,  the  timber  culture  act  of  March  3, 
1873,  entitled  ''An  act  to  encourage  the  growth  of  timber  on  the  West- 
ern prairies,"  and  the  amendments  thereto;  the  timber  and  stone  law 
of  June  3,  1878,  entitled  "An  act  for  the  sale  of  timber  lands  in  the 
States  of  California,  Oregon,  Nebraska,  and  Washington  Territory," 
and  the  amendments  thereto,  or  for  lands  which  may  be  sold  at  public 
auction,  except  such  lands  as  shall  have  been  purchased  from  any 
Indian  tribe  within  ten  years  last  past.     (27  Stats,  at  Large,  348.) 

Distinction  Between  Offered  and  Unoffered  Lands  Abolished. — In 
cases  arising  from  and  after  the  passage  of  this  act  the  distinction  now 
obtaining  in  the  statutes  between  offered  and  unoffered  lands  shall  no 
longer  be  made  in  passing  upon  subsisting  pre-emption  claims,  in  dis- 
posing of  the  public  lands  under  the  homestead  laws,  and  under  the 
timber  and  stone  law  of  June  3,  1878,  as  extended  by  the  act  .of  August 
4,  1892,  but  in  all  such  cases  hereafter  arising  the  land  in  question  shall 
be  treated  as  unoffered,  without  regard  to  whether  it  may  have  actually 
been  at  some  time  offered  or  not.     (30  Stats,  at  Large,  418.) 


APPLICATION  AND  SWORN  STATEMENT. 

[To  be  made  in  duplicate.] 

United  States  Land  Office, 


I, ,  hereby  make  application  to  purchase  the quar- 
ter of  section ,  in  township and  range ,in  the  State 

of ,  and  the  timber  thereon,  at  such  value  as  may  be  fixed  by 

appraisement,  made  under  the  authority  of  the  Secretary  of  the  Inte- 
rior, under  the  act  of  June  3,  1878,  commonly  known  as  the  "Timber 
and  stone  law,"  and  acts  amendatory  thereof,  and  in  support  of  this 
application,  I  solemnly  swear:  That  I  am  a  native  (or  naturalized) 
citizen  of  the  United  States  (or  have  declared  my  intention  to  become 

a  citizen)  ;  that  I  am years  of  age  and  by  occupation ; 

that  I  did  on ?  19.  .,  examine  said  land,  and  from  my  personal 

knowledge  state  that  said  land  is  unfit  for  cultivation  and  is  valuable 
chiefly  for  its  timber,  and  that  to  my  best  knowledge  and  belief,  based 
upon  said  examination,  the  land  is  worth dollars,  and  the  tim- 
ber thereon,  which  I  estimate  to  be    ......    feet,  board  measure,  is 

worth   dollars,  making  a  total  value  for  the  land  and  timber 

of   dollars  and  no  more ;  that  the  land  is  uninhabited ;  that  it 

contains  no  mining  or  other  improvements,  nor,  as  I  verily  believe,  any 
valuable  deposit  of  gold,  silver,  cinnabar,  copper  or  coal,  or  other  min- 


PUBLIC  LANDS TIMBER  AND  STONE.  771 

erals,  salt  springs  or  deposits  of  salt ;  that  I  have  made  no  other  appli- 
cation under  said  acts;  that  I  do  not  apply  to  purchase  the  land  above 
described  on  speculation,  but  in  good  faith  to  appropriate  it  to  my 
own  exclusive  use  and  benefit;  that  I  have  not,  directly  or  indirectly, 
made  any  agreement  or  contract,  in  any  way  or  manner,  with  any 
person  or  persons  whomsoever,  by  which  the  title  I  may  acquire  from 
the  government  of  the  United  States  may  inure  in  whole  or  in  part 
to  the  benefit  of  any  person  except  myself ;  that  since  August  30,  1890, 
I  have  not  entered  and  acquired  title  to,  nor  am  I  now  claiming,  under 
an  entry  made  under  any  of  the  nonmineral  public  land  laws,  an 
amount  of  land  which,  together  with  the  land  now  applied  for,  will 
exceed  in  the  aggregate  320  acres;  that  I  am  not  a  member  of  any 
association,  or  a  stockholder  in  any  corporation  which  has  filed  an 
application  and  sworn  statement  under  said  act;  and  that  my  postoffice 

address  is ,  at  which  place  any  notice  affecting  my  rights  under 

this  application  may  be  sent.  I  request  that  notice  be  furnished  me 
for  publication  in  the newspaper,  published  at 

(Sign  here  with  full  Christian  name.) 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant 
in  my  presence  before  affiant  affixed  signature  thereto ;  that  affiant  is 
to  me  personally  known,  or  has  been  satisfactorily  identified  before  me 

by   (give  full  name  and  postoffice  address)  ;  that  I  verily 

believe  affiant  to  be  a  qualified  applicant  and  the  identical  person  here- 
inbefore described,  and  that  said  affidavit  was  duly  subscribed  and 

sworn  to  before  me,  at  my  office  in  ....    (town), (county  and 

State),  within  the  ....  land  district  this day  of ,  19. .. 

(Official    designation    of   officer.) 

In  case  the  applicant  has  been  naturalized  or  has  declared  his  inten- 
tion to  become  a  citizen,  a  certified  copy  of  his  certificate  of  naturaliza- 
tion or  declaration  of  intention,  as  the  case  may  be,  must  be  furnished. 

If  the  residence  is  in  a  city,  the  street  and  number  must  be  given. 

The  newspaper  designated  must  be  one  of  general  circulation,  pub- 
lished nearest  the  land. 


DESIGNATION  OF  APPRAISER. 


Sir :   You   are   designated   to   appraise   the    quarter   of   sec- 
tion    ,  township   ,  .  . .  .,  and  range  ,   -,  which 

embraces  a  total   of    acres..   This  land  has  been  applied  tor 

by  of ,  under  the  timber  and  stone  law.     It  you 

accept  this  designation,  it  will  be  your  duty  to  personally  visit  and 
carefully  examine  each  and  every  legal  subdivision  of  the  land  and 
the  timber  thereon,  and  to  make  a  return  through  this  office  ot  tne 


772  hillyer's  legal  manual. 

approximate  quantity,  quality,  and  the  stumpage  cash  value  of  the 
various  kinds  of  timber,  the  cash  value  of  the  land,  and  the  total  value 
of  the  land  and  timber.  The  total  appraisement  of  the  land  and  tim- 
ber, however,  must  not  amount  to  less  than  two  dollars  and  fifty  cents 
per  acre  for  each  acre  appraised.  Each  les:al  subdivision  must  be  sepa- 
rately appraised,  or  your  return  must  show  specifically  that  the  ap- 
praisement applies  to  each  legal  subdivision. 

Please  inform  me  as  soon  as  possible,  and  not  later  than ,  19.  ., 

whether  you  will  be  able  to  do  the  w^ork,  and  also  advise  me  the 
approximate  date  the  appraisal  will  be  completed. 

Very  respectfully, 


Chief  of  Field  Division,  General  Land  Office. 


REGULATIONS  UNDER  TIMBER  AND  STONE  LAW. 

The  regulations  under  the  act  of  June  3,  1878  (20  Stat.  89),  and 
amendatory  acts,  commonly  known  as  the  timber  and  stone  law,  are 
hereby  revised,  modified,  and  reissued  as  follows : 

Provision  for  Appraisement. — Any  lands  subject  to  sale  under  the 
foregoing  acts,  may,  under  the  direction  of  the  Commissioner  of  the 
General  Land  Office,  upon  application  or  otherwise,  be  appraised  by 
smallest  legal  subdivisions,  at  their  reasonable  value,  but  at  not  less 
than  $2.50  per  acre ;  and  hereafter  no  sales  shall  be  made  under  said 
acts  except  as  provided  in  these  regulations. 

Character  of  Lands  Subject  to  Entry. — All  unreserved,  unappropri- 
ated, nonmineral,  surveyed,  public  lands  within  the  public  land  States, 
which  are  valuable  chiefly  for  the  timber  or  stone  thereon  and  unfit  for 
cultivation  at  the  date  of  sale,  may  be  sold  under  this  act  at  their 
appraised  value,  but  in  no  case  at  less  than  $2.50  per  acre,  in  contiguous 
legal  subdivisions  upon  which  there  is  no  existing  mining  claim,  or  the 
improvements  of  any  bona  fide  settler  claiming  under  the  public  land 
laws.  The  terms  used  in  this  statement  may  be  defined  substantially 
as  follows  for  the  purpose  of  construing  and  applying  this  law : 

2.  Unreserved  and  unappropriated  lands  are  lands  which  are  not  in- 
cluded within  any  military,  Indian,  or  other  reservation,  or  in  a 
national  forest,  or  in  a  withdrawal  by  the  government  for  reclamation 
or  other  purposes,  or  which  are  not  covered  or  embraced  in  any  entry, 
location,  selection,  or  filing  which  withdraws  them  from  the  public 
domain. 

3.  Unoccupied  lands  are  lands  belonging  to  the  United  States  upon 
which  there  are  no  improvements  belonging  to  any  person  who  has 
initiated  and  is  properly  maintaining  a  valid  mining  or  other  claim 
to  such  lands  under  the  public  land  laws.  Abandoned  and  unused 
mines,  shafts,  tunnels,  or  buildings  occupied  by  mere  trespassers  not 
seeking  title  under  any  law  of  the  United  States,  do  not  prevent  tim- 
ber and  stone  entries  if  the  land  is  otherwise  capable  of  being  so 
entered. 


PUBLIC  LANDS TIMBER  AND  STONE,  773 

4.  Nonmineral  lands  are  such  lands  as  are  not  known  to  contain 
any  substance  recognized  and  classed  by  standard  authorities  as  min- 
eral, in  such  quantities  and  of  such  qualities  as  would,  with  reasonable 
prospects  of  success  in  developing  a  paying  mine  thereon,  induce  a 
person  of  ordinary  prudence  to  expend  the  time  and  money  necessary 
to  such  development. 

5.  Timber  is  defined  as  trees  of  such  kind  and  quantity,  regardless 
of  size,  as  may  be  used  in  constructing  buildings,  irrigation  works, 
railroads,  telegraph  and  telephone  lines,  tramways,  canals,  or  fences, 
or  in  timbering  shafts  and  tunnels  or  in  manufacturing,  but  does  not 
include  trees  suitable  for  fuel  only. 

6.  Lands  valuable  chiefly  for  timber,  but  unfit  for  cultivation,  are 
lands  which  are  more  valuable  for  timber  than  they  are  for  cultiva- 
tion in  the  condition  in  which  they  exist  at  the  date  of  the  application 
to  purchase,  and  therefore  include  lands  which  could  be  made  more 
valuable  for  cultivation  by  cutting  and  clearing  them  of  timber.  The 
relative  values  for  timber  or  cultivation  must  be  determined  from  con- 
ditions of  the  land  existing  at  the  date  of  the  application  to  purchase. 

7.  Lands  in  all  public  land  States  may  be  entered,  but  timber  and 
stone  entries  cannot  be  made  in  the  Territories  or  in  the  District  of 
Alaska. 

8.  Entries  may  be  Made  by  Any  Person,  Association  or  Corpora- 
tion.— One  timber  and  stone  entry  may  be  made  for  not  more  than 
160  acres  (a)  by  any  person  who  is  a  citizen  of  the  United  States, 
or  who  has  declared  his  intention  to  become  such  citizen,  if  he  is  not 
under  twenty-one  years  of  age,  and  has  not  already  exhausted  his  right 
by  reason  of  a  former  application  for  an  entry  of  that  kind;  or  has  not 
already  acquired  title  to  or  is  not  claiming  under  the  homestead  or 
desert  land  laws  through  settlement  or  entry  made  since  August  30, 
1890,  any  other  lands  which,  with  the  land  he  applies  for,  would  aggre- 
gate more  than  320  acres;  or  (b)  by  an  association  of  such  persons, 
or  (c)  by  a  corporation,  each  of  whose  stockholders  is  so  qualified. 

9.  A  married  woman  may  make  entry  if  the  laws  of  the  State  in 
which  she  applies  permit  married  women  to  purchase  and  hold  for 
themselves  real  estate,  but  she  must  make  the  entry  for  her  own 
benefit,  and  not  in  the  interest  of  her  husband  or  any  other  person, 
and  she  will  be  required  to  show  that  the  money  she  pays  for  the  land 
was  not  furnished  by  her  husband. 

10.  Method  of  Obtaining  Title. — Any  qualified  person  may  obtain 
title  under  the  timber  and  stone  law  by  performing  the  following  acts : 
(a)  Personally  examining  the  land  desired;  (b)  presenting  an  appli- 
cation and  sworn  statement,  accompanied  by  a  filing  of  $10;  (c)  de- 
positing with  the  receiver  the  appraised  price  of  the  land;  (d)  pub- 
lishing notice  of  his  application  and  proof;  (e)  making  final  proof, 

11.  Examination  of  the  land  must  be  made  by  the  applicant  in  per- 
son not  more  than  thirty  days  before  the  date  of  his  application,  in 
order  that  he  may  knowingly  swear  to  its  character  and  condition. 


774  hillyer's  legal  manual. 

12.  Application  and  Sworn  Statement — Deposit. — The  application 
and  sworn  statement  must  contain  the  applicant's  estimate  of  the 
timber,  based  on  examination,  and  his  valuation  of  the  land  and  the 
timber  thereon,  by  separate  items.  It  must  be  executed  in  duplicate, 
after  having  been  read  to  or  by  the  applicant,  in  the  presence  of  the 
officer  administering  the  oath,  and  sworn  to  by  him  before  such  officer, 
who  may  be  either  the  register  or  the  receiver  of  the  land  district  in 
which  the  land  is  located,  a  United  States  commissioner,  a  judge  or  a 
clerk  of  a  court  of  record  in  the  county  or  parish  in  which  the  land 
is  situated,  or  one  of  these  officers  outside  of  that  county  or  parish 
if  he  is  nearer  and  more  accessible  to  the  land  than  any  other  qualified 
officer,  and  has  his  office  or  place  of  business  within  the  land  district 
in  which  the  land  is  located.  Each  applicant  must  at  the  time  he 
presents  his  application  and  sworn  statement,  deposit  with  the  receiver, 
either  in  cash  or  in  postoffice  money  orders  payable  to  the  receiver,  a 
filing  fee  of  $10. 

13.  Applications  by  Associations  or  Corporations. — Applications  by 
associations  or  corporations  must,  in  addition  to  the  facts  recited  in 
the  foregoing  statement,  show  that  each  person  forming  the  association 
or  holding  stock  in  the  corporation  is  qualified  to  make  entry  in  his 
own  right  and  that  he  is  not  a  member  of  any  other  association  or  a 
stockholder  in  any  other  corporation  which  has  filed  an  application  or 
sworn  statement  for  other  lands  under  the  timber  and  stone  laws. 

14.  Disposition  of  Application. — ^After  application  and  deposit  have 
been  filed  in  proper  form,  as  required  by  these  regulations,  the  register 
and  receiver  will  at  once  forward  one  copy  of  the  application  to  the 
chief  of  field  division  having  jurisdiction  of  the  land  described,  who, 
if  he  finds  legal  objection  to  the  allowance  of  the  application,  will  re- 
turn it  to  them  with  report  thereon.  The  register  and  receiver  will, 
if  they  concur  in  an  adverse  recommendation  of  the  chief  of  field  divi- 
sion, dismiss  or  deny  the  application,  subject  to  the  applicant's  right 
of  appeal ;  but  if  they  disagree  with  his  recommendation,  they  will  for- 
ward the  record  to  the  Gommissioner  of  the  General  Land  Office,  with 
their  report  and  opinion  thereon,  for  such  action  as  he  may  deem 
advisable. 

Lands  to  be  Appraised. — If  the  chief  of  field  division  finds  no  such 
legal  objection  to  the  application,  he  shall  cause  the  lands  applied  for 
to  be  appraised  by  an  officer  or  employee  of  the  government. 

15.  Appraisement — ^Method. — The  officer  or  employee  designated  to 
make  the  appraisement  must  personally  visit  the  lands  to  be  appraised, 
and  thoroughly  examine  every  legal  subdivision  thereof,  and  the  tim- 
ber thereon,  and  appraise  separately  the  several  kinds  of  timber  at 
their  stumpage  value,  and  the  land  independent  of  the  timber  at  its 
value  at  the  time  of  appraisement,  but  the  total  appraisement  of  both 
land  and  timber  must  not  be  less  than  $2.50  per  acre.  He  must,  in 
making  his  report,  consider  the  quantity,  quality,  accessibility,  and  any 
other  elements  of  the  value  of  the  land  and  the  timber  thereon.  The 
appraisement  must  be  made  by  smallest  legal  subdivisions,  or  the  re- 


PUBLIC  LANDS — TIMBER  AND  STONE.  775 

port  must  show  that  the  valuation  of  the  land  and  the  estimate  of  the 
timber  apply  to  each  and  every  subdivision  appraised. 

16.  Appraisement — Manner  of  Return — Approval. — The  completed 
appraisement  must  be  mailed  or  delivered  personally  to  the  chief  of 
field  division  under  whose  supervision  it  was  made,  and  not  to  the 
applicant.  Each  appraisement  upon  which  an  entry  is  to  be  allowed 
must  be  approved  respectively  or  conjointly  as  provided  in  these  re^ju- 
lations,  by  the  chief  of  field  division  under  whose  supervision  it  was 
made,  by  the  register  and  receiver  who  allow  the  entry,  or  by  the  Com- 
missioner of  the  General  Land  Office. 

17.  Appraisement — Disagreement  Between  Appraising  and  Approv- 
ing Officers — How  Determined. — The  chief  of  field  division  will  return 
to  the  appraiser,  with  his  objections,  an  appraisement  which  he  deems 
materially  low  or  high,  and  the  appraiser  shall,  within  twenty  days 
from  the  receipt  thereof,  resubmit  the  papers,  with  such  modifications 
or  explanations  as  he  may  deem  advisable  or  proper,  upon  receipt  of 
which  the  chief  of  field  division  will  either  approve  the  schedule  as 
then  submitted,  or  forward  the  papers  to  the  register  and  receiver, 
with  his  memorandum  of  objection.  The  register  and  receiver  will 
thereupon  consider  the  case.  If  they  approve  the  appraisement,  they 
will  sign  the  certificate  appended  thereto,  and  advise  the  chief  of  field 
division  thereof.  If  the  register  and  receiver  approve  the  objection  of 
the  chief  of  field  division,  they  will  so  indicate,  and  if  the  appraising 
officer  is  an  employee  of  the  Interior  Department,  under  the  subdivi- 
sion of  the  chief  of  field  division,  they  will  return  the  papers  to  the 
chief  of  field  division,  who  will  thereupon  order  a  new  appraisement  by 
a  different  officer.  If,  however,  the  register  and  receiver  approve  the 
objection  of  the  chief  of  field  division,  when  the  appraiser  is  an  officer 
of  another  bureau  of  this  department,  or  of  another  department,  they 
will  forward  the  record  of  the  case  to  the  Commissioner  of  the  General 
Land  Office,  who  will  then  determine  the  controversy. 

18.  Appraisement — Notation  and  Effect  Thereof. — When  the  ap- 
praisement is  completed,  the  register  and  receiver  will  note  the  price 
on  their  records,  and  thereafter  the  land  will  be  sold  at  such  price 
only,  under  the  provisions  of  the  timber  and  stone  acts,  unless  the 
land  shall  have  been  reappraised  in  the  manner  provided  herein. 

19.  Failure  to  Appraise — Rights  of  Applicant — How  Terminated. — 
Unless  the  land  department,  as  hereinbefore  provided,  or  otherwise, 
as  directed  by  the  Secretary  of  the  Interior,  shall  appraise  any  lands 
applied  for  under  these  regulations  within  nine  months  from  the  date 
of  such  application,  the  applicant  may,  without  notice,  within  thirtj^ 
days  thereafter,  deposit  the  amount,  not  less  than  $2.50  per  acre,  spe- 
cified in  his  application  as  the  reasonable  value  of  the  land  and  the 
timber  thereon,  with  the  receiver,  if  appraisement  has  not  been  filed 
prior  to  such  deposit,  and  thereupon  will  be  allowed  to  proceed  with 
his  application  to  purchase  as  though  the  appraisement  had  been 
regularly  made.     The  failure  of  the  applicant  to  make  the  required 


776 

deposit  within  thirty  days  after  the  expiration  of  the  nine  months' 
appraisement  period  will  terminate  his  rights  without  notice. 

20.  Notice  of  Appraisement — Payment  or  Protest. — The  register  and 
receiver,  after  noting  the  appraised  price  on  their  records,  will  imme- 
diately inform  the  applicant  that  he  must,  within  thirty  days  from 
service  of  notice,  deposit  with  the  receiver,  either  in  lawful  money  or 
in  postoffiee  money  orders  payable  to  the  receiver,  or  as  provided  in 
section  36  hereof,  the  appraised  price  of  the  land  and  the  timber 
thereon,  or  within  the  time  allowed  for  payment  file  his  protest 
against  the  appraisement,  deposit  wdth  the  receiver  a  sum  sufficient  to 
defray  the  expenses  of  a  reappraisement  (which  sum,  not  less  than 
$100,  must  be  fixed  by  the  register  and  receiver  and  specified  in  the 
notice  to  the  applicant)  together  with  his  application  for  reappraise- 
ment at  his  own  expense. 

Notice  should  be  given  by  registered  letter  and  the  envelope  should 
be  marked  for  return  if  not  delivered  within  thirty  days.  If  notice 
be  returned  after  being  held  in  the  postoffiee  for  thirty  days,  such 
proceedings  will  constitute  constructive  notice  for  thirty  days. 

21.  Objection  to  Appraisement — Application  for  Reappraisement. — 
Any  applicant  filing  his  protest  against  an  appraisement,  and  his 
application  for  reappraisement,  must  support  it  by  his  affidavit,  corrob- 
orated by  two  competent,  credible,  and  disinterested  persons,  in 
which  he  must  set  forth  specifically  his  objections  to  the  appraisement. 
He  must  indicate  his  consent  that  the  amount  deposited  by  him  for 
the  reappraisement,  or  such  part  thereof  as  is  necessary,  may  be  ex- 
pended therefor,  without  any  claim  on  his  part  for  a  refund  or  return 
of  the  money  thus  expended. 

22.  Reappraisement. — ^Upon  the  receipt  of  a  protest  against  appraise- 
ment and  application  for  reappraisement  conforming  to  the  regulations 
herein,  the  register  and  receiver  will  transmit  such  protest  and  appli- 
cation to  the  chief  of  field  division,  who  will  cause  the  reappraisement 
to  be  made  by  some  officer  other  than  the  one  making  the  original 
appraisement.  The  procedure  provided  herein  for  appraisement  will 
be  followed  for  reappraisement,  except  the  latter,  if  differing  from  the 
former,  must,  to  give  it  effect,  be  approved  both  by  the  chief  of  field 
division  and  the  register  and  receiver,  or,  in  case  of  disagreement  be- 
tween them,  by  the  Commissione'r  of  the  General  Land  Office. 

23.  Notice  of  Appraisement. — When  a  reappraisement  is  finally 
effected,  the  register  and  receiver  will  note  the  reappraised  price  on 
their  records,  and  at  once  notify  the  applicant  that  he  must,  within 
thirty  days  from  the  date  of  notice,  deposit  with  the  receiver  the 
amount  fixed  by  such  reappraisement  for  the  sale  of  the  land,  or  there- 
after, and  without  notice,  forfeit  all  rights  under  his  application. 

24.  Cost  of  Making  Reappraisement. — The  officer  or  employee  of  the 
United  States  making  the  reappraisement  shall  be  paid  from  the 
amount  deposited  with  the  receiver  by  the  applicant  therefor,  the  sal- 
ary, per  diem,  and  other  expenses  to  which  he  would  have  been  entitled 


PUBLIC  LANDS TIMBER  AND  STONE.  777 

from  the  government,  in  the  case  of  an  original  appraisement,  for  his 
services  for  the  time  he  was  engaged  in  making  and  returning  the 
reappraisement.  The  receiver  will,  out  of  the  money  deposited  by  the 
applicant,  pay  such  compensation  including  reasonable  expenses  for 
subsistence,  transportation,  and  necessary  assistants;  and  the  officer 
will  deduct  from  his  expense  account  with  the  government  the  amount 
which  he  has  received  from  the  receiver  for  such  services.  The  re- 
ceiver will  return  to  the  applicant  the  amount,  if  any,  remaining  on 
deposit  with  him  after  paying  the  expenses  of  said  reappraisement. 

25.  Final  Proof. — After  the  appraisement  or  reappraisement  and 
deposit  of  purchase  money  and  fee  have  been  made  the  register  will 
fix  a  time  and  place  for  the  offering  of  final  proof,  and  name  the  officer 
before  whom  it  shall  be  offered  and  post  a  notice  thereof  in  the  land 
office  and  deliver  a  copy  of  the  notice  to  the  applicant,  to  be  by  him 
and  at  his  expense  published  in  the  newspaper  of  accredited  standing 
and  general  circulation  published  nearest  the  land  applied  for.  This 
notice  must  be  continuously  published  in  the  paper  for  sixty  days 
prior  to  the  date  named  therein  as  the  day  upon  which  final  proof  must 
be  offered. 

26.  Time,  Place,  and  Method  of  Making  Final  Proof. — Pinal  proof 
should  be  made  at  the  time  and  place  mentioned  in  the  notice,  and,  as 
a  part  thereof,  evidence  of  publication,  as  required  by  the  previous  para- 
graph, should  also  be  filed.  If  final  proof  is  not  made  on  that  day  or 
within  ten  days  thereafter,  the  applicant  may  lose  his  right  to  complete 
entry  of  the  land.  Upon  satisfactory  showing,  however,  explaining 
the  cause  of  his  failure  to  make  the  proof  as  above  required,  and  in 
the  absence  of  adverse  claim,  the  Commissioner  of  the  General  Land 
Office  may  authorize  him  to  readvertise  and  complete  entry  under  his 
previous  application. 

27.  Final  Entry. — After  an  appraisement  or  reappraisement  has  been 
approved,  the  payments  made,  and  satisfactory  proof  submitted  in  any 
case  as  required  by  these  regulations,  the  register  and  receiver  will,  if 
no  protest  or  contest  is  pending,  allow  a  final  entry. 

GENERAL  PROVISIONS. 

28.  Contests  and  Protests. — Protest  may  be  filed  at  any  time  before 
an  entry  is  allowed,  and  contest  may  be  filed  at  any  time  before  patent 
issues,  by  any  person  who  will  furnish  the  register  and  receiver  with  a 
corroborated  affidavit  alleging  facts  sufficient  to  cause  the  cancellation 
of  the  entry,  and  will  pay  the  cost  of  contest. 

29.  False  Swearing — Forfeiture. — If  an  applicant  swear  falsely  in 
his  application  or  sworn  statement,  he  will  be  liable  to  indictment  and 
punishment  for  perjury;  and  if  he  be  guilty  of  false  swearing  or  at- 
tempted fraud  in  connection  with  his  efforts  to  obtain  title,  or  if  he  fail 
to  perform  any  act  or  make  any  payment  or  proof  in  the  manner  and 
within  the  time  specified  in  the  foregoing  regulations,  his  application 
and  entry  will  be  disallowed  and  all  moneys  paid  by  him  will  be  for- 


778 

feited  to  the  Government,  and  his  rights  under  the  timber  and  stone 
acts  will  be  exhausted 

30.  Effect  of  Application  to  Purchase.— After  an  application  has  been 
presented  hereunder  no  other  person  will  be  permitted  to  file  on  the 
land  embraced  therein  under  any  public  land  law  until  such  applica- 
tion shall  have  been  finally  disposed  of  adverse  to  the  applicant. 

31.  Lands  appraised  or  reappraised  hereunder,  but  not  sold,  may, 
upon  the  final  disallowance  of  the  application,  be  entered  by  any  quali- 
fied person,  under  the  provisions  of  the  timber  and  stone  laws,  at  its 
appraised  or  reappraised  value,  if  subject  thereto. 

32.  Lands  applied  for  but  not  appraised  and  not  entered  under  these 
regulations  may,  when  the  rights  of  the  applicant  are  finally  termin- 
ated, be  disposed  of  as  though  such  application  had  not  been  filed. 

33.  Any  lands  which  have  not  been  reappraised  may  be  reappraised 
upon  the  request  of  an  applicant  therefor  under  these  regulations  who 
complies  with  the  requirements  of  section  21  hereof. 

34.  An  applicant  securing  a  reappraisement  under  these  Regulations 
shall  acquire  thereby  no  right  or  privilege  except  that  of  purchasing 
the  lands  at  their  reappraised  value,  if  he  is  qualified,  and  if  the  lands 
are  subject  to  sale  under  his  application ;  and  he  must  otherwise  comply 
with  these  Regulations,  but  shall  not,  in  any  event,  be  entitled  to 
the  return  of  any  money  deposited  by  him  and  expended  in  such  re- 
appraisement. 

35.  The  Commissioner  of  the  General  Land  Ofiice  may  at  any  time 
direct  the  reappraisement  of  any  tract  or  tracts  of  public  lands,  when, 
in  his  opinion,  the  conditions  warrant  such  action. 

36.  Unsatisfied  military  bounty  land  warrants  under  any  act  of  Con- 
gress and  unsatisfied  indemnity  certificates  of  location  under  the  act 
of  Congress  approved  June  2,  1858,  properly  assigned  to  the  applicant, 
shall  be  receivable  as  cash  in  payment  or  part  payment  for  lands  pur- 
chased hereunder  at  the  rate  of  $1.25  per  acre. 

37.  Any  application  to  purchase  timber  and  stone  lands  filed  before 
January  1,  1909,  which  does  not  conform  to  these  regulations  shall 
be  suspended,  and  the  register  and  receiver  should  at  once  notify  the 
applicant  that  he  may,  if  he  so  elect,  file  a  new  application  conformable 
to  these  regulations  within  thirty  days  from  the  date  of  the  notice, 
and  that  failure  to  file  such  new  application  within  the  time  specified 
will  work  a  forfeiture  of  all  rights  under  his  suspended  application, 
which  will  thereupon  stand  rejected  without  further  notice. 

38.  Regulations,  When  Effective. — These  regulations  shall  be  effec- 
tive on  and  after  December  1,  1908,  but  all  applications  to  purchase 
legally  pending  on  November  30,  1908,  may  be  completed  by  com- 
pliance with  the  regulations  in  force  at  the  time  such  applications  were 
filed. 

39.  The  forms  mentioned  herein  and  included  in  the  appendix  hereto 
shall  be  a  part  of  these  regulations. 

40.  Entry  of  Stone  Lands. — The  foregoing  regulations  apply  to  en- 
tries of  lands  chiefly  valuable  for  stone,  and  the  forms  herein  prescribed 


PUBLIC  LANDS TIMBER  AND  STONE. 


779 


can  be  modified  in  such  manner  as  may  be  necessary  to  the  making  of 
entries  of  stone  lands. 

41.  Former  Regulations  Revoked. — All  former  regulations,  decisions, 
and  practices  in  conflict  with  these  regulations  are  hereby  revoked. 

APPRAISAL,  TIMBER  AND  STONE  LANDS. 


Lot  or  quarter- 
quarter. 


Kind  of 
timber. 


Quality 
of  timber. 


Board 

feet 

per  tract. 


Stumpage 
value 
per  M. 


Character 
-of  sou. 


Value  of 
land  ex- 
clusive of 
timber. 


Total  value 

of  land  and 

timber  per 

acre. 


Value  of 

land  and 

timber  per 

tract. 


Logging : 

Timber  must  be  logged  by (wagon  haul,  flume,  river  driving, 

or  railroad). 

Distance  logs  or  lumber  are  to  be  transported  to  market,    

miles.  Approximate  cost  per  M  for  transportation  of  logs  or  lumber 
to  market,  dollars.  Accessible?  (yes  or  no).  Manu- 
facturing possible  on  the  ground?     (yes  or  no).     Will  there  be 

improvement  in  logging  facilities  in  the  vicinity?     (yes  or  no). 

Will  the  demand  for  timber  products  be  likely  to  increase  in  the  neigh- 
borhood in  the  near  future?     (yes  or  no).     Nearest  available 

quotations  on  stumpage  for  the  species  estimated 

,  19..- 

STATEMENT  BY  APPRAISER. 

I  have  carefully  examined  each  and  every  legal  subdivision  of  the 

quarter  of  section ,  township ,  range ,  and 

the  timber  thereon,  and  the  estimates  included  in  the  above  table  and 
the  foregoing  statement  were  based  on  personal  examination.  I  did 
not  find  any  indication  that  the  land  or  any  part  thereof  contains  any 
valuable  mineral  or  coal  deposits,  and  found  no  improvements  or  other 
evidence  that  any  claim  is  being  asserted  under  any  of  the  public  land 
laws.  I  recommend  that  the  application  to  purchase  receive  favorable 
action. 


Appraiser. 
ACTION  ON  APPRAISEMENT. 
I   have   carefully   examined  the  within   appraisement   and  find  no 
reason  to  believe  that  it  is  improperly  made. 
It  is  therefore,  accordingly,  approved. 


Chief  of  Field  Division. 


780 


NOTICE  TO  APPLICANT  OF  APPRAISEMENT. 

United  States  Land  Office, 


1 

Sir:  You  are  informed  that  the  land,  and  the  timber  thereon,  em- 
braced in  your  timber  and  stone  application  No filed , 

19. .,  have  been  appraised  in  the  total  sum  of dollars. 

You  are  therefore  notified  that  your  application  for  said  lands  will 
be  dismissed  without  further  notice,  if  you  do  not,  within  thirty  days 
from  service  of  this  notice,  deposit  the  appraised  price  of  the  land  with 
the  receiver  of  this  office,  or  file  your  written  protest  against  such 
appraisement,  setting  forth  clearly  and  specifically  your  objection 
thereto,  which  protest  must  be  sworn  to  by  you,  and  corroborated  by 
two  competent,  credible,  and  disinterested  persons.  The  protest,  if 
filed,  must  be  accompanied  by  your  application  requesting  that  the  land 
be  appraised  at  your  expense,  and  you  must  deposit  with  the  receiver 
the  sum  of dollars,  to  be  expended  therefor,  and  you  must  indi- 
cate your  consent  that  the  amount  so  deposited  may  be  expended  for 
the  reappraisement,  without  any  claim  on  your  part  that  any  portion 
thereof,  so  expended,  shall  be  returned  or  refunded  to  you. 

If  a  reappraisement  is  made  under  your  application,  you  will 
secure  no  right  or  privilege,  except  that  of  purchasing  the  lands  at 
their  reappraised  value,  if  they  are  subject  to  sale  and  you  are  prop- 
erly qualified. 

Very  respectfully. 


Register. 

? 

Receiver. 


REAPPRAISEMENT. 


Form  C  may  be  modified  so  as  to  show  that  the  action  taken  is  a 
reappraisement  instead  of  an  original  appraisement.  The  return  of 
the  appraising  officer  and  indorsements  by  the  chief  of  field  division 
and  the  register  and  receiver  must  show  that  the  action  taken  is  a 
reappraisement,  and  it  must  be  approved  conjointly  by  the  chief  of 
field  division  and  the  register  and  receiver. 

NOTICE  OF  REAPPRAISEMENT. 

United  States  Land  Office. 

Sir :  You  are  advised  that,  pursuant  to  your  application,  the 

quarter  of  section ,  township ,  and  range ,  and  the 

timber  thereon,  embraced  in  your  timber  and  stone  sworn  statement. 

No  .  . .  .,  have  been  reappraised,  and  the  price  fixed  at dollars, 

which  amount  you  must  deposit  with  the  receiver  of  this  office  within 


PUBLIC  LANDS — TIMBER  AND  STONE.  781 

thirty  days  from  service  of  notice  hereof,  or  your  application  will  be 
finally  disallowed  without  further  notice. 

Very  respectfully, 


Register. 

> 

Receiver. 

NOTICE  OF  APPLICATION  TO  PURCHASE  UNDER  TIMBER  AND 

STONE  LAWS. 

United  States  Land  Office, 

,19..., 

Notice  is  hereby  given  that  ,  whose  postoffice  address  is 

,  Hid  on  the  ....  day  of ,  19 .  . ,  file  in  this  office  his 

sworn   statement   and   application   No to   purchase   the    

quarter  of  section ,  township ,  range   ,   M., 

and  the  timber  thereon,  under  the  provisions  of  the  act  of  June  3,  1878, 
and  acts  amendatory,  known  as  the  "Timber  and  stone  law,"  at  such 
value  as  might  be  fixed  by  appraisement,  and  that,  pursuant  to  such 
application,   the  land   and  timber  thereon  have  been   appraised,   the 

timber  estimated board  feet,  at  $ per  M,  and  the  land 

$ ,  or  combined  value  of  the  land  and  timber  at  $ ;  that 

said  applicant  will  offer  final  proof  in  support  of  his  application  and 

sworn  statement  on  the  ....  day  of ,  19 .  . ,  before , 

at Any  person  is  at  liberty  to  protest  this  purchase  before 

entry,  or  initiate  a  contest  at  any  time  before  patent  issues,  by  filing 
a  corroborated  affidavit  in  this  office,  alleging  facts  which  would  defeat 
the  entry. 


Register. 
Where  notice  is  issued  under  section  19,  the  register  will  modify  the 
blank  so  as  to  show^  the  valuation  placed  on  the  land  and  the  timber 
thereon  was  that  made  by  the  applicant  when  he  filed  his  sworn  state- 
ment, instead  of  being  fixed  by  appraisement. 

TIMBER  OR  STONE  ENTRY. 

DEPARTMENT  OF  THE  INTERIOR. 

U.  S.  Land  Office,  ,  No. , 

Receipt  No 

FINAL  PROOF. 

I  hereby  solemnly  swear  that  I  am  the  identical ,  who 

presented  sworn  statement  and  application.  No ,  for ., 

section   ,  township ,  range , meridian ;  that 

the  land  is  valuable  chiefly  for  its  timber,  and  is,  in  its  present  condi- 
tion, unfit  for  cultivation ;  that  it  is  unoccupied  and  without  improve- 


782  HILLYER^S  LEGAL  MANUAL. 

ments  of  any  character,  except  for  ditch  or  canal  purposes,  and  that 
it  apparently  contains  no  valuable  deposits  of  gold,  silver,  cinnabar, 
copper,  coal,  salines,  or  salt  springs. 


) 

(Sign  here,  -with  full  Christian  name.) 


(PostofSce  address.) 

I  hereby  certify  that  the  foregoing  affidavit  was  read  to  or  by  affiant 
in  my  presence  before  affiant  affixed  signature  thereto;  that  affiant  is 
to  me  personally  known   (or  has  been  satisfactorily  identified  before 

me  by )  ;  that  I  verily  believe  affiant  to  be  a  qualified  appli- 

(Give  full  name  and  postoffice  address.)  lil 

cant  and  the  identical  person  hereinbefore  described,  and  that  said 
affidavit  was  duly  subscribed  and  sworn  to  before  me,  at  my  office,  in 

,   ,  within  the   land  district,  this  ....   day  of 

(Town.)      (County  and  State.) 

19.. 


(Official  designation  of  officer.) 


[To  be  used  only  when  sale  is  made  under  section  19  of  the  regulations 
approved  November  30,  1908,  and  in  sales  under  applications 
pending  November  30,  1908.] 

DEPARTMENT  OF  THE  INTERIOR. 
TIMBER  OR  STONE  ENTRY. 

U.  S.  Land  Office,  


TESTIMONY  OF  CLAIMANT. 

I, (give  full  Christian  name),  being  duly  called  as  a  wit- 
ness  in    support    of   my    application    to   purchase  the   ,  section 

,  township    ,  range    ,    meridian,  testify   as 

follows : 

Question  1.  What  is  your  age,  occupation,  postoffice  address,  and 
where  do  you  live? 

Answer 

Question  2.  Are  you  a  native-born  citizen  of  the  United  States ;  and, 
if  so,  in  what  State  or  Territory  were  you  born?  Are  you  married  or 
single  ? 

Answer 

Question  3.  Are  you  the  identical  person  who  applied  to  purchase 
this  land  on  the day  of ,  19 . . ,  and  made  the  sworn  state- 
ment required  by  law  upon  that  day? 

Answer 

Question  4.  Have  you  made  a  personal  examination  of  each  small- 
est legal  subdivision  of  the  land  applied  for? 

Answer 


PUBLIC  LANDS TIMBER  AND  STONE.  783 

Question  5.  When,  under  what  circumstances,  and  with  whom  was 
such  examination  made? 

Answer 

Question  6.     How  did  you  identify  said  land?     Describe  it  fully. 

Answer 

Question  7.  Is  the  land  occupied,  or  are  there  any  improvements  on 
it?     If  so,  describe  them  and  state  whether  they  belong  to  you. 

Answer 

Question  8.  Is  the  land  fit  for  cultivation,  or  would  it  be  fit  for 
cultivation  if  the  timber  were  removed? 

Answer 

Question  9.  What  is  the  situation  of  this  land,  what  is  the  nature 
of  the  soil,  and  what  causes  render  the  same  unfit  for  cultivation? 

Answer 

Question  10.  Are  there  any  salines  or  indications  of  deposits  of 
gold,  silver,  cinnabar,  copper,  coal,  or  other  minerals  on  this  land? 
If  so,  state  what  they  are. 

Answer 

Question  11.  Is  the  land  valuable  for  mineral,  or  more  valuable  for 
any  other  purposes  than  for  the  timber  or  stone  thereon,  or  is  it  chiefly 
valuable  for  timber  or  stone?     (Answer  each  question.) 

Answer 

Question  12.  From  what  facts  do  you  conclude  that  the  land  is 
chiefly  valuable  for  timber  and  stone? 

Answer 

Question  13.  How  many  thousand  feet,  board  measure,  of  lumber 
do  you  estimate  that  there  is  on  this  entire  tract  ?  What  is  the  stump- 
age  value  of  same  ? 

Answer 

Question  14.  Are  you  a  practical  lumberman  or  woodsman  ?  If  not, 
how  do  you  arrive  at  your  estimate  of  the  quantity  and  value  of  lumber 
on  the  tract? 

Answer 

Question  15.  What  do  you  expect  to  do  with  this  land  and  the 
timber  w^hen  you  get  title  to  it  ? 

Answer 

Question  16.  Do  you  know  of  any  capitalist  or  company  which  has 
offered  to  purchase  timber  land  in  the  vicinity  of  this  entry?  If  so^ 
who  are  they,  and  how  do  you  know  of  them? 

Answer 

Question  17.  Has  any  person  offered  to  purchase  this  land  if  you 
acquire  title?     If  so,  who,  and  for  what  amount? 

Answer 


784  HILLYER^S  LEGAL  MANUAL. 

Question  18.  Where  is  the  nearest  and  best  market  i'or  the  timber 
on  this  land  at  the  present  time? 

Answer 

Question  19.  What  has  been  your  occupation  during  the  past  year; 
where  and  by  whom  have  you  been  employed,  and  at  what  compen- 
sation? 

Answer 

Question  20.  How  did  you  first  learn  about  this  particular  tract 
of  land,  and  that  it  would  be  a  good  investment  to  buy  it  ? 

Answer 

Question  21.  Did  you  pay  or  agree  to  pay  anything  for  this  in- 
formation?    If  so,  to  whom,  and  the  amount? 

Answer 

Question  22.  Did  you  pay  out  of  your  own  individual  funds  all  the 
expenses  in  connection  with  making  this  filing,  and  do  you  expect  to 
pay  for  the  land  with  your  own  money? 

Answei 

Question  23.  Where  did  you  get  the  money  with  which  to  pay  for 
this  land,  and  how  long  have  you  had  same  in  your  actual  possession? 

Answer 

Question  24.  Have  you  kept  a  bank  account  during  the  past  six 
months  ?     If  so,  where  ? 

Answer 

Question  25.  Have  you  sold  or  transferred  your  claim  to  this  land 
since  making  your  sworn  statement,  or  have  you  directly  or  indirectly 
made  any  agreement  or  contract,  in  any  way  or  manner,  with  any  per- 
son whomsoever,  by  which  the  title  which  you  may  acquire  from  the 
government  of  the  United  States  may  inure  in  whole  or  in  part  to  the 
benefit  of  any  person  except  yourself? 

Answer 

Question  26.  Do  you  make  this  entry  in  good  faith  for  the  appro- 
priation of  the  land  and  the  timber  thereon  exclusively  for  your  own 
use  and  not  for  the  use  or  benefit  of  any  other  person  ? 

Answer 

Question  27.  Has  any  person  other  than  yourself,  or  any  firm,  corpo- 
ration, or  association  any  interest  in  the  entry  you  are  now  making,  or 
in  the  land  or  in  the  timber  thereon? 

Answer 

Question  28.  Have  3^ou  since  August  30,  1890,  entered  and  acquired 
title  to,  or  are  you  now  claiming,  under  an  entry  made  under  any  of 
the  nonmineral  public  land  laws,  an  amount  of  land  which,  together 
with  the  land  now  applied  for,  will  exceed  in  the  aggregate  320  acres? 

Answer 


(Sign  here,  with  full  Christian  name.) 


I  hereby  certify  that  the  foregoing  deposition  was  read  to  or  by 
deponent  in  my  presence  before  deponent  affixed  signature  thereto; 
that  deponent  is  to  me  personally  known   [or  has  been  satisfactorily 


PUBLIC  LANDS TIMBER  AND  STONE.  785 

identified  before  me  by  (give  full  name  and  postoffice  ad- 
dress)] ;  that  I  verily  believe  deponent  to  be  a  qualified  claimant  and 
the  identical  person  hereinbefore  described,  and  that  said  deposition 

was  duly  subscribed  and  sworn  to  before  me,  at  my  office,  in 

(town), (county  and  State),  within  the land 

district,  this day  of ,  19 .  . . 

I  further  certify  that  I  tested  the  accuracy  of  affiant's  information 
and  good  faith  in  making  the  entry,  by  close  and  sufficient  cross- 
examination  of  claimant  and  the  witnesses,  and  am  satisfied  from  such 
examination  that  the  entry  is  made  in  good  faith  for  entryman's  own 
exclusive  use  and  not  for  sale  or  speculation,  nor  in  the  interest  of, 
nor  for  the  benefit  of,  any  other  person  or  persons,  firm,  or  corporation. 


(Ofl&cial  designation  of  officer.) 

DEPARTMENT  OF  THE  INTERIOR. 
TIMBER  OR  STONE  ENTRY. 

U.  S.  Land  Office, , 

TESTIMONY  OF  WITNESSES. 

I, ,  (give  full  Christian  name),  being  duly  called  as  a  wit- 
ness in  support  of  the  application  of , (give  full 

Christian  name),  filed  at  the land  office,  to  purchase  the 

section ,  township ,  range , meridian,  testify 

as  follows  : 

Question  1.  What  is  your  age,  occupation,  postoffice  address,  and 
where  do  you  live? 

Answer 

Question  2.  By  whom  were  you  employed  during  the  last  six 
months? 

Answer 

Question  3.  Are  you  acquainted  with  the  land  above  described  by  a 
personal  examination  of  each  of  its  smallest  legal  subdivisions?  De- 
scribe the  tract  fully. 

Answer 

Question  4.  When,  with  whom,  and  in  what  manner  was  such  exam- 
ination made? 

Answer 

Question  5.  Is  it  occupied  or  are  there  any  improvements  on  it  not 
made  for  ditch  or  canal  purposes,  or  which  were  not  made  by,  or  do  not 
belong  to,  the  said  applicant? 

Answer 

Question  6.     Is  it  fit  for  cultivation? 

Answer 

Question  7.     What  causes  render  it  unfit  for  cultivation? 

Answer 

50 


786  hillyer's  legal  manual. 

Question  8.  Are  there  any  salines  or  indications  of  deposits  of  gold, 
silver,  cinnabar,  copper,  coal,  or  other  minerals  on  this  land?  If  so, 
state  what  they  are. 

Answer 

Question  9.  Is  the  land  valuable  for  mineral,  or  more  valuable  for 
any  other  purposes  than  for  the  timber  or  stone  thereon,  or  is  it  chiefly 
valuable  for  timber  or  stone?     (Answer  each  question.) 

Answer 

Question  10.  From  what  facts  do  you  conclude  that  the  land  is 
chiefly  valuable  for  timber  or  stone? 

Answer 

Question  11.     How  long  have  you  known  the  applicant? 

Answer 

Question  12.     What  is  his  financial  condition  so  far  as  you  know? 

Answer 

Question  13.  Do  you  know  of  your  own  knowledge  that  applicant 
has  sufficient  money  of  his  own  to  pay  for  this  land  and  hold  it  six 
months  without  mortgaging  it? 

Answer 

Question  14.  Do  you  know  whether  the  applicant  has,  directly  or 
indirectly,  made  any  agreement  or  contract,  in  any  way  or  manner, 
with  any  person  whomsoever  by  which  the  title  he  may  acquire  from 
the  government  of  the  United  States  may  inure  in  whole  or  in  part  to 
the  benefit  of  any  person  except  himself? 

Answer 

Question  15.  Are  you  in  any  way  interested  in  this  application  or  in 
the  land  above  described,  or  the  timber  or  stone,  salines,  mines,  or  im- 
provements of  any  description  thereon? 

Answer 


(Sign  here,  with  full  Christian  name.) 

I  hereby  certify  that  the  foregoing  deposition  was  read  to  me  by  de- 
ponent in  my  presence  before  deponent  affixed  signature  thereto;  that 
deponent  is  to  me  personally  known  [or  has  been  satisfactorily  identi- 
fied before  me  by (give  full  name  and  postoffice  address)]  ; 

that  I  verily  believe  deponent  to  be  a  credible  witness  and  the  identical 
person  hereinbefore  described,  and  that  said  deposition  was  duly  sub- 
scribed  and   sworn  to  before  me,   at  my   office,  in    (town), 

(county  and  State),  within  the  land  dis- 
trict, this  ....  day  of ,  19 .  . . 


(Official  designation  of  officer.) 


DESERT  LAND  REGULATIONS.  787 

REGULATIONS     GOVERNING    ENTRIES     AND 
PROOFS  UNDER  THE  DESERT-LAND  LAWS. 

Laws  Governing  Desert-land  Entries. — 1.  The  laws,  or  portions  of 
laws  governing  the  making  of  desert-land  entries,  assignments  thereof, 
and  the  proofs  required,  will  be  found  printed  in  full  herein,  and  are 
as  follows:  Act  of  March  3,  1877;  March  3-,  1891;  August  30,  1891; 
June  27,  1906 ;  March  26,  1908 ;  March  28,  1908 ;  March  4,  1904,  amend- 
ing section  2294,  Revised  Statutes  of  the  United  States;  June  22,  1910; 
March  3,  1909;  June  25,  1910;  February  3,  1911. 

States  and  Territories  in  Which  Desert-land  Entries  may  be  Made. — 
2.  The  act  of  March  3,  1877,  provided  for  the  making  of  desert-land 
entries  in  the  States  and  Territories  of  California,  Idaho,  Montana, 
Nevada,  North  Dakota,  Oregon,  South  Dakota,  Utah,  Washington, 
Wyoming,  Arizona,  and  New  Mexico.  The  act  of  March  3,  1891,  ex- 
tended the  provisions  of  the  desert-land  laws  to  Colorado. 

Lands  That  may  be  Entered  as  Desert  Land. — 3.  Lands  which,  by 
reason  of  a  lack  of  rainfall,  or  of  sufficient  dampness  in  the  soil,  will 
not  produce  native  grasses  sufficient  in  quantity,  if  unfed  by  grazing 
animals,  to  make  an  ordinary  crop  of  hay  in  usual  seasons,  nor  produce 
an  agricultural  crop  of  any  kind  in  amount  to  make  the  cultivation 
thereof  reasonably  remunerative,  and  do  not  contain  sufficient  moisture 
to  produce  a  natural  growth  of  trees  may  be  classed  as  desert  in  char- 
acter and,  if  surveyed  and  unappropriated,  may  be  entered  under  the 
desert-land  law. 

Unusual  Rainfall. — Lands  situated  within  a  notoriously  arid  or  desert 
region,  and  themselves  previously  desert  within  the  meaning  of  the 
desert-land  law,  do  not  necessarily  lose  their  character  as  desert  lands 
merelv  because  on  account  of  unusual  rainfall  for  a  few  successive  sea- 
sons their  productiveness  was  increased  and  larger  crops  were  raised 
thereon;  and,  under  such  circumstances,  a  strong  preponderance  of 
evidence  will  be  required  to  take  them  out  of  the  class  of  desert  lands. 
The  final  proof,  however,  of  one  who  makes  desert  entry  of  such  lands 
will  be  closely  scrutinized  as  to  the  sufficiency  of  his  water  supply  and 
the  adequacy  of  his  ditches  and  laterals. 

Lands  Which  Border  upon  Bodies  of  Water. — While  lands  which 
border  upon  streams,  lakes,  and  other  bodies  of  water,  or  through  or 
upon  which  there  is  any  stream,  body  of  water,  or  living  spring,  may 
not  produce  agricultural  crops  without  irrigation,  such  lands  are  not 
subject  to  entry  under  the  desert-land  laws  until  the  clearest  proof  of 
their  desert  character  is  furnished. 

Who  may  Make  a  Desert-land  Entry. — 4.  Any  citizen  of  the  United 
States,  twenty-one  years  of  age,  or  any  person  of  that  age  who  has 
declared  his  intention  of  becoming  a  citizen  of  the  United  States, 
and  who  can  make  the  affidavit  specified  in  paragraphs  8  and  9  of 
these   regulations,   can   make  a   desert-land   entry.     Thus,   a   woman, 


788  hillyer's  legal  manual. 

whether  married  or  single,  who  possesses  the  necessary  qualifications, 
can  make  a  desert-land  entry,  and,  if  married,  without  taking  into  con- 
sideration any  entries  her  husband  may  have  made. 

Entrymen  of  Alien  Birth. — At  the  time  of  making  final  proof,  how- 
ever, entrymen  of  alien  birth  must  have  been  admitted  to  full  citizen- 
ship, which  must  be  shown  by  a  duly  certified  copy  of  the  certificate  of 
naturalization. 

Quantity  of  Land  That  may  be  Entered. — 5.  Under  the  act  of  March 
3,  1877,  desert-land  entries  to  the  maximum  of  640  acres  were  allowed, 
but  by  the  act  of  March  3,  1891,  the  area  that  may  be  embraced  in  a 
desert  entry  was  reduced  to  320  acres  as  the  maximum.  This  limita- 
tion must,  however,  be  read  in  connection  with  the  act  of  August  30, 
1890,  which  limits  to  320  acres,  in  the  aggregate,  the  amount  of  land  to 
which  title  may  be  acquired  under  all  the  public  land  laws,  except  the 
mineral  laws.  Hence,  a  person  having  initiated  a  claim  under  the 
homestead,  timber  and  stone,  pre-emption,  or  other  agricultural  land 
laws,  or  under  all  such  laws,  since  August  30,  1890,  say,  to  160  acres 
in  the  aggregate,  and  acquired  title  to  the  land  so  claimed,  or  who  is 
claiming  such  an  area  under  subsisting  entries  at  the  date  of  his  desert- 
land  application,  if  otherwise  qualified,  may  enter  160  acres  of  land 
under  the  desert-land  laws.  In  other  words,  he  may  make  a  desert-land 
entry  for  such  a  quantity  of  land  as,  taken  together  with  land 
acquired  by  him  under  the  agricultural  land  laws,  since  August  30, 
1890,  and  claimed  by  him  under  such  laws,  does  not  exceed  320  acres 
in  the  aggregate.  It  is  to  be  noted,  also,  that  the  act  of  June  22,  1910, 
provides  that  desert-land  entries  made  for  lands  withdrawn  or  classified 
as  coal  lands,  or  valuable  for  coal,  shall  not  exceed  160  acres  in  area. 

Right  of  Entry  Exhausted  How. — A  person's  right  of  entry  under 
the  desert-land  law  is  exhausted  either  by  making  an  entry  or  by 
taking  an  assignment  of  an  entry,  in  whole  or  in  part,  whether  the 
maximum  quantity  of  land,  or  less,  is  entered  or  received  by  assign- 
ment ;  except,  however,  that  under  the  act  of  March  26,  1908,  if  a  per- 
son, prior  to  the  passage  of  that  act,  has  made  an  entry  and  has 
abandoned,  lost,  or  forfeited  the  same,  or  has  relinquished  without 
receiving  a  valuable  consideration  therefor,  such  person  may  make  a 
second  entry.  In  such  cases,  however,  it  must  be  shown  when  the 
former  entry  was  abandoned,  lost,  or  forfeited,  that  it  was  not  assigned, 
in  whole  or  in  part,  canceled  for  fraud,  or  relinquished  for  a  valuable 
consideration,  and  it  must  be  so  described  by  section,  township,  and 
range,  or  by  date  and  number,  as  to  be  readily  identified  on  the  records 
of  the  General  Land  Office.  The  showing  required  must  be  by  affidavit 
of  applicant  wherein  the  facts  upon  which  is  based  his  claim  of  right 
to  make  a  second  desert-land  entry  are  set  forth  fully  and  in  detail. 
This  affidavit  must  be  corroborated,  as  far  as  possible,  by  the  affidavit 
of  one  or  more  persons  having  personal  knowledge  of  the  facts  stated 
by  applicant.  Registers  and  receivers  are  authorized  to  allow  a  second 
desert-land  entry  in  any  case  wherein  it  is  shown  that  applicant  is 
entitled  to  make  such  entry  under  the  provisions  of  said  act  of  March 


DESERT  LAND  REGULATIONS.   '  789 

26,  1908.  Otherwise  the  application  will  be  noted  on  the  district  office 
records  and  forwarded  to  the  General  Land  Office  with  appropriate 
recommendation. 

Land  must  be  in  Compact  Form. — 6.  Land  entered  under  these  laws 
should  be  in  compact  form,  which  means  that  it  should  be  as  nearly  a 
square  form  as  possible.  Where,  however,  it  is  impracticable  on 
account  of  the  previous  appropriation  of  adjoining  lands,  or  on  account 
of  the  topography  of  the  country,  to  take  the  land  in  a  compact  form, 
all  the  facts  regarding  the  situation,  location,  and  character  of  the  land 
sought  to  be  entered,  and  the  surrounding  tracts,  should  be  stated,  in 
order  that  the  General  Land  Office  may  determine  whether,  under  all 
the  circumstances,  the  entry  should  be  allowed  in  the  form  sought.  En- 
trymen  should  make  a  complete  showing  in  this  regard,  and  should 
state  the  facts  and  not  the  conclusions  they  derive  from  the  facts,  as 
it  is  the  province  of  the  Land  Department  of  the  Government  to  deter- 
mine whether  or  not,  from  the  facts  stated,  the  entry  should  be  allowed. 

How  Preference  Right  may  be  Acquired  on  Unsurveyed  Land. — 
7.  Prior  to  the  act  of  March  28,  1908,  a  desert-land  entry  could  em- 
brace unsurveyed  lands,  but  since  the  date  of  that  act  desert-land 
entries  may  not  be  made  of  unsurveyed  lands.  This  act  provides,  how- 
ever, that  if  a  duly  qualified  person  shall  go  upon  a  tract  of  unsurveyed 
desert  land  and  reclaim,  or  commence  to  reclaim,  the  same,  he  shall  be 
allowed  a  preference  right  of  ninety  days  after  the  filing  of  the  plat 
of  survey  in  the  local  land  office  to  make  entry  of  the  land.  To  pre- 
serve this  preference  right  the  work  of  reclamation  must  be  continued 
up  to  the  filing  of  the  plat  of  survey,  unless  the  reclamation  of  the  land 
is  completed  before  that  time,  and  in  that  event  the  claimant  must  con- 
tinue to  cultivate  and  occupy  the  land  until  the  survey  is  completed 
and  the  plat  filed.  A  mere  perfunctory  occupation  of  the  land,  such  as 
staking  off  the  claim,  or  posting  notices  thereof  on  the  land  claimed, 
would  not  secure  the  preference  right  as  against  an  adverse  claimant, 
but  occupation  in  entire  good  faith,  accompanied  by  acts  and  works 
looking  to  the  ultimate  reclamation  of  the  land,  are  necessary  and  re- 
quired. 

How  to  Proceed  to  Make  a  Desert-land  Entry. — 8.  A  person  who 
desires  to  make  entry  under  the  desert-land  laws  must  file  with  the 
register  and  receiver  of  the  proper  land  office  a  declaration,  or  applica- 
tion, under  oath,  showing  that  he  is  a  citizen  of  the  United  States,  or 
has  declared  his  intention  to  become  such  citizen ;  that  he  is  twenty-one 
years  of  age  or  over;  and  that  he  is  also  a  bona  fide  resident  of  the 
State  or  Territory  in  which  the  land  sought  to  be  entered  is  located. 
He  must  also  state  that  he  has  not  previously  exercised  the  right  of 
entry  under  the  desert-land  laws  by  making  an  entry  or  by  having  taken 
one  by  assignment ;  that  he  has  personally  examined  every  legal  subdivi- 
sion of  the  land  sought  to  be  entered;  that  he  has  not,  since  August  30, 
1890,  acquired  title,  under  any  of  the  agricultural  land  laws,  to  lands 
which,  together  with  the  land  applied  for,  will  exceed,  in  the  aggregate, 
320  acres;  and  that  he  intends  to  reclaim  the  lands  applied  for,  by 


790 

conducting  water  thereon,  within  four  years  from  the  date  of  his 
application.  This  declaration  must  contain  a  description  of  the  land, 
by  lesfal  subdivisions,  section,  township,  and  range. 

Terms  of  Application. — 9.  Special  attention  is  called  to  the  terms  of 
this  application,  as  they  require  a  personal  knowledge  by  the  entryman 
of  the  lands  intended  to  be  entered.  The  affidavit,  which  is  made  a 
part  of  the  application,  may  not  be  made  by  an  agent  or  upon  infor- 
mation and  belief,  and  the  register  and  receiver  must  reject  all  appli- 
cations in  which  it  is  not  made  to  appear  that  the  statements  con- 
tained therein  are  made  upon  the  applicant's  own  knowledge,  and  that 
it  was  obtained  from  a  personal  examination  of  the  lands.  The  blank 
spaces  in  the  application  must  be  filled  in  with  a  complete  statement 
of  the  facts,  showing  the  applicant's  acquaintance  with  the  land  and 
how  he  knows  it  to  be  desert  land.  This  declaration  must  be  corrobo- 
rated by  the  affidavits  of  two  reputable  witnesses,  who  also  must  be 
personally  acquainted  with  the  land,  and  they  must  state  the  facts 
regarding  the  condition  and  situation  of  the  land  upon  which  they  base 
the  opinion  that  it  is  subject  to  desert  entry. 

Entry  of  Lands  Reclaimed  Before  Survey. — The  statements  in  the 
blank  form  of  declaration  and  accompanying  affidavits,  as  to  present 
character  of  the  land,  may  be  modified  so  as  to  show  the  facts,  in  any 
case  wherein  application  is  made  for  entry  of  lands  reclaimed,  or  par- 
tially reclaimed,  by  applicant,  before  survey,  under  the  provisions  of  the 
act  of  March  28,  1908 ;  as  to  a  former  entry,  in  case  application  is  made 
for  a  second  entry  under  the  provisions  of  the  act  of  March  26,  1908, 
and  as  to  the  character  of  the  land  with  respect  to  coal  deposits  in  case 
application  is  made,  under  the  provisions  of  the  act  of  June  22,  1910, 
for  lands  withdrawn  or  classified  as  coal  lands,  or  valuable  for  coal. 

Residence,  Occupation,  and  Postoffice  Address. — 10.  Applicants  and 
witnesses  must  in  all  cases  state  their  places  of  actual  residence,  their 
business  or  occupation,  and  their  postoffice  addresses.  It  is  not  suffi- 
cient to  name  only  the  county  or  State  in  which  a  person  lives,  but 
the  town  or  city  must  be  named,  also,  and  where  the  residence  is  in  a 
city,  the  street  and  number  must  be  given.  It  is  especially  important 
to  claimants  that  upon  changing  their  postoffice  addresses  they 
promptly  notify  the  local  officers  of  such  change,  for  upon  failure  to  do 
so  their  entries  may  be  canceled  upon  notice  sent  to  the  address  of 
record,  but  not  received  by  claimant.  The  register  and  receiver  will 
be  careful  to  note  the  postoffice  address  on  their  records. 

Proofs,  Affidavits  and  Oaths. — 11.  The  application  and  corroborating 
affidavits,  and  all  other  proofs,  affidavits,  and  oaths  of  any  kind  whatso- 
ever, required  by  law  to  be  made  by  applicants  and  entrymen  and  their 
corroborating  witnesses,  must  be  sworn  to  before  the  register  or  .re- 
ceiver of  the  land  district  in  which  the  land  is  located,  or  before  a  United 
States  commissioner,  if  the  lands  are  within  the  boundaries  of  a  State, 
or  a  commissioner  of  a  court  exercising  federal  jurisdiction,  if  in  a 
Territory,  or  before  a  judge  or  clerk  of  a  court  of  record,  in  the  county, 
or  land  district,  in  which  the  land  is  situated.     The  only  conditions 


DESERT  LAND  REGULATIONS.  791 

permitting  the  taking  of  such  evidence  outside  the  proper  land  district 
is  where  the  county  in  which  the  land  is  situated  lies  partly  in  two  or 
more  land  districts,  in  which  case  such  evidence  may  be  taken  any- 
where in  the  county.  In  case  the  application  and  affidavits  are  not 
made  before  either  of  the  local  officers,  or  in  the  county  in  which  the 
land  is  located,  they  must  be  made  before  some  of  the  officers  above 
named,  in  the  land  district  nearest  to,  or  most  accessible  from,  the  land, 
which  latter  fact  must  be  shown  by  affidavit  of  applicant.  The  decla- 
ration of  applicant  and  the  affidavits  of  his  two  witnesses  must,  in  every 
instance,  be  made  at  the  same  time  and  place  and  before  the  same 
officer. 

Water  Right. — 12.  Persons  who  make  desert-land  entries,  must 
acquire  a  clear  right  to  the  use  of  sufficient  water  to  irrigate  and  re- 
claim the  whole  of  the  land  entered,  or  as  much  of  it  as  is  susceptible 
of  irrigation,  and  of  keeping  it  permanently  irrigated.  Therefore,  if 
a  person  makes  an  entry  before  he  has  taken  steps  to  acquire  water 
right,  he  does  so  at  his  own  risk,  because,  ordinarily,  one  entry  will 
exhaust  his  right  and  he  will  not  be  repaid  the  money  paid  at  the 
time  of  making  the  entry. 

Map  and  Payment. — 13.  At  the  time  of  filing  his  application  with  the 
register  and  receiver  the  applicant  should  also  file  a  map,  showing  the 
plan  by  which  he  proposes  to  conduct  water  upon  the  land  and  the  man- 
ner by  which  he  intends  to  irrigate  the  same,  and  at  the  same  time  he 
must  pay  the  receiver  the  sum  of  twenty-five  cents  per  acre  for  the  land 
applied  for.  The  receiver  will  issue  a  receipt  for  the  money,  and  the 
register  and  receiver  will  jointly  issue  a  certificate  showing  the  allow- 
ance of  the  entry.  This  application  will  be  given  its  proper  serial 
number  at  the  time  it  is  filed,  and  at  the  end  of  each  month  an  abstract 
of  collections  under  these  laws  will  be  transmitted  to  the  General  Land 
Office. 

Assignments. — 14.  While  by  the  act  of  March  3,  1891,  assignments  of 
desert-land  entries  were  recognized,  the  Land  Department,  largely  for 
administrative  purposes,  held  that  a  desert-land  entry  might  be 
assigned  as  a  whole,  or  in  its  entirety,  but  refused  to  recognize  the 
assignment  of  only  a  portion  of  an  entry.  The  act  of  March  28,  1908, 
however,  provides  for  the  assignment  of  such  entries,  in  whole  or  in 
part ;  but  this  does  not  mean  that  less  than  a  legal  subdivision  may  be 
assigned.  Therefore,  no  assignment,  otherwise  than  by  legal  subdivi- 
sions, will  be  recognized. 

Entry  by  Assignment  Equivalent  to  Making  Entry. — 15.  The  act  of 
March  28,  1908,  also  provides  that  no  person  may  take  a  desert-land 
entry  by  assignment,  unless  he  is  qualified  to  enter  the  tract  so  assigned 
to  him.  Therefore,  if  a  person  is  not  a  resident  citizen  of  the  State  or 
Territory  wherein  the  land  involved  is  located,  or,  if  he  has  made  a 
desert-land  entry  in  his  own  right,  he  cannot  take  such  an  entry  by 
assignment.  The  language  of  the  act  indicates  that  the  taking  of  an 
entry  by  assignment  is  equivalent  to  the  making  of  an  entry,  and  this 


792  hillyer's  legal  manual. 

being  so,  no  person  is  allowed  to  take  more  than  one  entry  by  assign- 
ment. The  desert-land  right  is  exhausted  either  by  making  an  entry 
or  l)y  taking  one  by  assignment. 

Practice  Prior  to  March  28,  1908. — However,  in  view  of  the  practice 
that  obtained  in  the  General  Land  Office  prior  to  March  28,  1908,  of 
recognizing  the  right  of  a  person  to  make  an  entry,  and  also  to  take 
one  or  more  entries  by  assignment,  the  aggregate  area  of  the  land  em- 
braced in  all  such  entries  not  exceeding  320  acres,  such  entries  and 
assignments  so  made  or  taken  will  not  now  be  disturbed.  But  all 
assignments  and  entries  made  subsequent  to  the  approval  of  the  act 
of  March  28,  1908,  must  be  governed  by  the  terms  of  that  act, 
which  is  held  to  mean  that  the  desert -land  right  is  exhausted,  either  by 
making  an  entry  or  by  taking  one  by  assignment.  Said  act  provides 
that  no  assignment  to,  or  for  the  benefit  of,  any  corporation  or  associa- 
tion shall  be  authorized  or  recognized. 

Evidence  of  Assignment. — 16.  As  stated  above,  desert-land  entries 
may  be  assigned,  in  whole  or  in  part,  and,  as  evidence  of  the  assign- 
ment, there  should  be  transmitted  to  the  General  Land  Office  the  orig- 
inal deed  of  assignment,  or  a  certified  copy  thereof.  Where  the  deed 
of  assignment  is  recorded,  a  certified  copy  may  be  made  by  the  officer 
who  has  custody  of  the  record.  Where  the  original  deed  is  presented 
to  an  officer  qualified  to  take  proof  in  desert-land  cases,  a  copy  certified 
by  such  officer  will  be  accepted.  Attention  is  called  to  the  fact  that 
copies  of  deeds  of  assignment  certified  by  notaries  public  or  justices  of 
the  peace,  or,  indeed,  any  other  officers  than  those  who  are  qualified  to 
take  proofs  and  affidavits  of  desert-land  cases,  will  not  be  accepted. 

Affidavit. — An  assignee  must  file,  with  his  deed  of  assignment,  an  affi- 
davit showing  his  qualifications  to  take  the  entry  assigned  to  him.  He 
must  show  what  entries  have  been  made  by,  or  assigned  to,  him  under 
the  agricultural  laws,  and  he  must  also  show  his  qualifications  as  a  citi- 
zen of  the  United  States,  that  he  is  twenty-one  years  of  age  or  over, 
and  also  that  he  is  a  resident  citizen  of  the  State  or  Territory  in  which 
the  land  assigned  to  him  is  situated.  In  short,  the  assignee  must 
possess  the  qualifications  necessary  to  enter  the  land  proposed  to  be 
assigned  were  it  subject  to  entry. 

No  Assignable  Right  Prior  to  Payment. — Desert-land  entries  are  ini- 
tiated by  the  payment  of  twenty-five  cents  per  acre,  and  no  assignable 
right  is  acquired  by  the  applicant  prior  to  such  payment.  An  assign- 
ment made  on  the  day  of  such  payment,  or  soon  thereafter,  is  treated 
as  suggesting  fraud,  and  such  cases  will  be  carefully  scrutinized.  The 
provision  of  law  authorizing  the  assignments  of  desert  entries,  in  whole 
or  in  part,  furnishes  no  authority  to  a  claimant  under  said  law  to  make 
an  executory  contract  to  convey  the  land  after  the  issuance  of  patent, 
and  to  thereafter  proceed  with  the  submission  of  final  proof  in  further- 
ance of  such  contract. 

Sale  Before  Final  Payment. — The  sale  of  the  land  embraced  in  an 
entry  at  any  time  before  final  payment  is  made  must  be  regarded  as  an 


DESERT  LAND  REGULATIONS.  793 

assignment  of  the  entry,  and  in  such  cases,  the  person  buying  the  land 
must  show  that  he  possesses  all  the  qualifications  required  of  an 
assignee. 

Assignment  Papers. — The  assignor  of  a  desert-land  entry  may  exe- 
cute the  assignment  papers  wherever  he  may  be  before  any  officer  au- 
thorized to  take  acknowledgments,  but  the  assignee  must  execute  the 
affidavit,  and  all  other  required  oaths  and  affidavits,  before  some  one  of 
the  officers  specified  and  in  the  manner  set  out  in  paragraph  11  of  this 
circular. 

Assignments  Conclusive  When  Recognized. — No  assignments  of 
desert-land  entries  or  parts  of  entries  are  conclusive  until  examined  in 
the  General  Land  Office  and  found  satisfactory  and  the  assignment 
recognized.  When  recognized,  how^ever,  the  assignee  takes  the  place 
of  the  assignor  as  effectually  as  though  he  had  made  the  entry,  and  is 
subject  to  any  requirement  that  may  be  made  relative  thereto.  The 
assignment  of  a  desert-land  entry  to  one  disqualified  to  acquire  title 
under  the  desert-land  law,  and  to  whom,  therefore,  recognition  of  the 
assignment  is  refused  by  the  General  Land  Office,  does  not  of  itself 
render  the  entry  fraudulent,  but  leaves  the  right  thereto  in  the  assignor. 

Annual  Proof. — 17.  In  order  to  test  the  sincerity  and  good  faith  of 
the  claimant  under  the  desert-land  laws,  and  to  prevent  the  reservation 
or  segregation  of  tracts  of  public  land  in  the  interest  of  persons  having 
no  intention  of  reclaiming  the  land,  but  rather,  by  payment  of  the 
initial  sum  of  twenty-five  cents  per  acre,  hoping  to  gain  the  use  of  the 
land  for  a  number  of  years,  Congress  in  the  act  of  March  3,  1891,  made 
the  requirement  that  a  map  be  filed  at  the  initiation  of  the  entry,  show- 
ing the  mode  of  contemplated  irrigation  and  the  proposed  source  of  the 
water  supply,  and  that  there  be  extended  yearly  for  three  years  from 
the  date  of  the  entry  not  less  than  one  dollar  for  each  acre  of  the  tract 
entered,  making  a  total  of  not  less  than  three  dollars  per  acre,  in  the 
necessary  irrigation,  reclamation,  and  cultivation  of  the  land,  in  perma- 
nent improvements  thereon,  and  in  the  purchase  of  water  rights  for  the 
irrigation  thereof,  and  that  at  the  expiration  of  the  third  year  a  map  or 
plan  be  filed  showing  the  character  and  extent  of  the  improvements 
placed  on  the  claim.  The  said  act,  however,  authorizes  the  submission 
of  final  proof  at  an  earlier  date  than  four  years  from  the  time  the  entrj^ 
is  made  in  cases  wherein  reclamation  has  been  effected  and  expenditures 
of  not  less  than  three  dollars  per  acre  have  been  made.  Proof  of  these 
expenditures  must  be  made  before  some  officer  authorized  to  adminis- 
ter oaths  in  desert-land  cases.  This  proof,  w^hich  is  known  as  yearly  or 
annual  proof,  must  be  made  by  applicant,  whose  affidavit  must  be  cor- 
roborated by  affidavits  of  two  reputable  witnesses,  all  of  whom  must 
have  personal  knowledge  that  the  expenditures  were  made  for  the 
purpose  stated  in  the  proof. 

Expenditures  Accepted. — 18.  Expenditures  for  the  construction  and 
maintenance  of  storage  reservoirs,  dams,  canals,  ditches,  and  laterals  to 
be  used  by  claimant  for  irrigating  his  land,  for  roads  where  they  are 


794 

necessary,  for  erecting  stables,  corrals,  etc.,  for  digging  wells,  where 
the  water  therefrom  is  to  be  used  for  irrigating  the  land,  and  for  level- 
ing and  bordering  land  proposed  to  be  irrigated  will  be  accepted.  Ex- 
penditures for  fencing  all  or  a  portion  of  the  claim  may  be  accepted, 
in  case  it  is  clearly  shown  that  the  fence  is  necessary  for  the  protection 
of  a  portion  of  the  land  being  prepared  for  irrigation  and  cultivation 
or  for  the  protection  of  canals,  ditches,  etc.,  thereon.  Expenditures 
for  surveying,  for  the  purpose  of  ascertaining  the  levels  for  canals, 
ditches,  etc.,  and  for  the  first  breaking  or  clearing  of  the  soil  may  be 
accepted. 

Expenditures  not  Accepted. — Expenditures,  for  cultivation  after  the 
soil  has  been  first  prepared  may  not  be  accepted,  because  the  claimant 
is  supposed  to  be  compensated  for  such  work  by  the  crops  to  be  reaped 
as  a  result  of  cultivation.  Expenditures  for  surveying  the  claim  in 
order  to  locate  the  corners  of  same  may  not  be  accepted.  The  cost  of 
tools,  implements,  wagons,  and  repairs  to  same,  used  in  construction 
work  may  not  be  computed  in  the  cost  of  construction.  Expenditures 
for  material  of  any  kind  will  not  be  allowed  unless  such  material  has 
actually  been  installed  or  employed  in  and  for  the  purpose  for  which  it 
was  purchased.  For  instance,  if  credit  is  asked  for  posts  and  wire  for 
fences  or  for  a  pump  or  other  well  machinery,  it  must  be  shown  that 
the  fence  has  been  actually  constructed  or  the  well  machinery  actually 
put  in  place.  Annual  proofs  must  contain  itemized  statements  showing 
the  manner  in  which  expenditures  were  made. 

Expenditure  for  Interest  in  Irrigating  Company. — No  expenditure 
for  stock  or  interest  in  an  irrigating  company,  through  which  water  is 
to  be  secured  for  irrigating  the  land,  will  be  accepted  as  satisfactory 
annual  expenditure  until  a  special  agent,  or  other  authorized  officer,  has 
submitted  a  report  as  to  the  resources  and  reliability  of  the  company, 
including  its  actual  water  right,  and  such  report  has  been  favorably 
acted  upon  by  the  department.  The  stock  purchased  must  carry  the 
right  to  water,  and  it  must  be  shown  that  payment  in  cash  has  been 
made  at  least  to  the  extent  of  the  amount  required  in  connection  with 
the  annual  proof  submitted,  and  such  stock  must  be  actually  owned  by 
the  claimants  at  the  time  of  the  submission  of  final  proof.  A  certificate 
of  the  secretary,  or  other  qualified  officer  of  the  company  involved,  must 
be  furnished,  showing  the  extent  of  actual  water  appropriation  by  the 
company,  to  what  extent  water  had  been  previously  disposed  of,  quan- 
tity of  water  carried  under  the  stock  or  interest  purchased  by  the 
desert  claimant,  and  a  statement  showing  the  previous  ownership  of  the 
shares  of  stock  forming  the  basis  of  proffered  proof,  and  a  description 
of  the  land  in  connection  with  which  such  stock  has  been  previously 
issued  or  used.  Circumstances  in  connection  with  stock  which  has  been 
previously  made  the  basis  of  proof  or  annual  expenditure  will  be  care- 
fully scrutinized  and  inquired  into. 

Suspended  Proofs. — Registers  and  receivers  are  instructed  to  care- 
fully examine  all  annual  proofs  filed  and  are  authorized  to  suspend 


DESERT  LAND  REGULATIONS.  795 

same,  with  notice  to  claimants  to  cure  defects  within  thirty  days,  or  to 
reject,  subject  to  the  usual  right  of  appeal  to  the  Commissioner  of  the 
General  Land  Office.  These  proofs  are  to  be  forwarded  with  the  regular 
monthly  returns. 

Notice  to  Submit  Proof.— At  the  end  of  each  year,  if  the  required 
proof  of  actual  expenditures  has  not  been  made,  the  register  and  re- 
ceiver will  send  the  entryman  notice  and  allow  him  sixty  days  in  which 
to  submit  such  proof.  If  the  proof  is  not  furnished  as  required,  the 
fact  that  notice  was  served  upon  the  claimant  should  be  reported  to  the 
General  Land  Office,  with  evidence  of  service,  whereupon  the  entry 
will  be  canceled.  Registers  and  receivers  should  keep  on  hand  a  suffi- 
cient supply  of  blank  forms  used  in  notifying  the  entrymen  that  annual 
proofs  are  due,  and  they  should  send  such  notices  whenever  necessary, 
without  waiting  for  instructions  from  the  General  Land  Office. 

Proof  may  be  Submitted  as  Soon  as  Expenditures  Made. — 19.  Noth- 
ing in  the  statutes  or  regulations  should  be  construed  to  mean 
that  the  entryman  must  wait  until  the  end  of  the  year  to  submit  his 
annual  proof,  because  the  proof  may  be  properly  submitted  as  soon  as 
the  expenditures  have  been  made.  Proof  sufficient  for  the  three  years 
may  be  offered  whenever  the  amount  of  three  dollars  an  acre  has  been 
expended  in  reclaiming  and  improving  the  land,  and  thereafter  annual 
proof  will  not  be  required. 

Final  Proof. — 20.  The  entryman,  his  assigns,  or,  in  case  of  death,  his 
heirs  or  devisees,  are  allowed  four  years  from  date  of  the  entry  within 
which  to  comply  with  the  requirements  of  the  law  as  to  reclamation  and 
cultivation  of  the  land  and  to  submit  final  proof,  but  final  proof  may 
be  made  and  patent  thereon  issued  as  soon  as  there  has  been  expended 
the  sum  of  three  dollars  per  acre  in  improving,  reclaiming,  and  irrigat- 
ing the  land,  and  one-eighth  of  the  entire  area  entered  has  been  actu- 
ally cultivated  with  irrigation,  and  when  the  requirements  of  the  desert- 
land  laws  as  to  water  rights  and  the  construction  of  the  necessary 
reservoirs,  ditches,  dams,  etc.,  have  been  fully  complied  with.  The  cul- 
tivation and  irrigation  of  the  one-eighth  of  the  entire  area  may  be  had 
in  a  body  on  one  legal  subdivision  or  may  be  distributed  over  several 
subdivisions.  When  an  entryman  has  reclaimed  the  land  and  is  ready 
to  make  final  proof,  he  should  apply  to  the  register  and  receiver  for  a 
notice  of  intention  to  make  such  proof.  This  notice  must  contain  a 
complete  description  of  the  land  and  must  describe  the  entry  by  giving 
the  number  thereof  and  the  name  of  the  entryman.  If  the  proof  is 
made  by  an  assignee,  his  name,  as  well  as  that  of  the  original  entryman, 
should  be  stated.  It  must  also  show  when,  where,  and  before  whom 
the  proof  is  to  be  made.  Four  witnesses  may  be  named  in  this  notice, 
two  of  whom  must  be  used  in  making  the  proof. 

Notice. — 21.  This  notice  must  be  published  once  a  week  for  five  suc- 
cessive weeks  in  a  newspaper  of  established  character  and  general 
circulation  published  nearest  the  land,  and  it  must  also  be  posted  in  a 
conspicuous  place  in  the  local  land  office  for  the  same  period  of  time. 


796  hillyer's  legal  manual. 

The  date  fixed  for  the  taking  of  the  proof  must  be  at  least  thirty  days 
after  the  date  of  first  publication.  Proof  of  publication  must  be  made 
by  the  affidavit  of  the  publisher  of  the  newspaper  or  by  some  one  au- 
thorized to  act  for  him.  The  register  will  certify  to  the  posting  of  the 
notice  in  the  local  office. 

Making  Proof. — 22.  At  the  time  and  place  mentioned  in  the  notice, 
and  before  the  officer  named  therein,  the  claimant  will  appear  with  two 
of  the  witnesses  named  in  the  notice  and  make  proof  of  the  reclamation, 
cultivation,  and  improvement  of  the  land.  This  proof  may  be  taken  by 
any  one  of  the  officers  named  in  paragraph  11  hereof.  All  claimants, 
however,  are  advised  that,  whenever  possible,  they  should  make  proof 
before  the  register  or  receiver,  because  by  doing  so,  they  may,  in  many 
instances,  avoid  such  delay  as  results  from  the  practice  whereby  proofs 
submitted  before  officers  other  than  the  register  or  receiver  are  fre- 
quently suspended  for  investigation  by  a  special  agent. 

Testimony. — The  testimony  of  each  claimant  should  be  taken  separate 
and  apart  from  and  not  within  the  hearing  of  either  of  his  witnesses, 
and  the  testimony  of  each  witness  should  be  taken  separate  and  apart 
from  and  not  within  the  hearing  of  either  the  applicant  or  of  any  other 
witness,  and  both  the  applicant  and  each  of  the  witnesses  should  be 
required  to  state,  in  and  as  a  part  of  the  final  proof  testimony  given 
by  them,  that  they  have  given  such  testimony  without  any  actual  knowl- 
edge of  any  statement  made  in  the  testimony  of  either  of  the  others.  In 
every  instance  where,  for  any  reason  whatever,  final  proof  is  not  sub- 
mitted within  the  four  years  prescribed  by  law,  or  within  the  period 
of  an  extension  granted  for  submitting  such  proof,  an  affidavit  should 
be  filed  by  claimant,  with  the  proof,  explaining  the  cause  of  delay. 

Irrigation,  Cultivation,  and  Water  Rights — Reclamation  and  Improve- 
ment.— 23.  The  final  proof  must  show  specifically  the  source  and  volume 
of  the  water  supply  and  how  it  was  acquired  and  how  maintained.  The 
number,  length,  and  carrying  capacity  of  all  ditches  to  and  on  each  of 
the  legal  subdivisions  must  also  be  shown.  The  claimant  and  the  wit- 
nesses must  each  state  in  full  all  that  has  been  done  in  the  matter  of 
reclamation  and  improvement  of  the  land,  and  must  answer  fully,  of 
their  own  personal  knowledge,  all  of  the  questions  contained  in  the 
final-proof  blanks.  They  must  state  plainly  whether  at  any  time  they 
saw  the  land  effectually  irrigated,  and  the  different  dates  on  which  they 
saw  the  land  irrigated  should  be  specifically  stated. 

One-eighth  Portion  Irrigated. — 24.  AYhile  it  is  not  required  that  all  of 
the  land  shall  have  been  actually  irrigated  at  the  time  final  proof  is 
made,  it  is  necessary  that  the  one-eighth  portion  which  is  required  to 
be  cultivated  shall  also  have  been  irrigated  in  a  manner  calculated  to 
produce  profitable  results,  considering  the  character  of  the  land,  the 
climate,  and  the  kind  of  crops  being  grown. 

Main  and  Lateral  Ditches. — Furthermore,  the  final  proof  must  clearly 
show  that  all  of  the  permanent  main  and  lateral  ditches  necessary  for 
the  irrigation  of  all  the  irrigable  land  in  the  entry  have  been   con- 


DESERT  LAND  REGULATIONS.  797 

structed  so  that  water  can  be  actually  applied  to  the  land  as  soon  as  it 
is  ready  for  cultivation.  If  there  are  any  high  points  or  any  portions 
of  the  land,  which  for  any  reason  it  is  not  practicable  to  irrigate,  the 
nature,  extent,  and  situation  of  such  areas  in  each  legal  subdivision  must 
be  fully  stated.  If  less  than  one-eighth  of  a  smallest  legal  subdivision 
is  practically  susceptible  of  irrigation  from  claimant's  source  of  water 
supply,  such  subdivision  must  be  relinquished. 

Actual  Tillage.— 25.  As  a  rule,  actual  tillage  of  one-eighth  of  the  land 
must  be  shown.  It  is  not  sufficient  to  show  only  that  there  has  been 
a  marked  increase  in  the  growth  of  grass,  or  that  grass  sufficient  to 
support  stock  has  been  produced  on  the  land,  as  a  result  of  irrigation. 
If,  however,  on  account  of  some  peculiar  climatic  or  soil  conditions,  no 
crops  except  grass  can  be  successfully  produced,  or  if  actual  tillage 
will  destroy  or  injure  the  productive  quality  of  the  soil,  the  actual 
production  of  a  crop  of  hay,  of  merchantable  value,  will  be  accepted 
as  sufficient  compliance  with  the  requirements  as  to  cultivation.  In 
such  cases,  however,  the  facts  must  be  stated,  and  the  extent  and  value 
of  the  crop  of  hay  must  be  shown,  and,  as  before  stated,  that  same  was 
produced  as  a  result  of  actual  irrigation. 

Steps  Required  by  Laws  of  State  for  Securing  Right  to  Water.— 
26.  The  final  proof  must  also  show  that  the  claimant  has  made  the 
preliminary  filings  and  taken  such  other  steps  as  are  required  by  the 
laws  of  the  State  or  Territory  in  which  the  land  is  located,  for  the 
purpose  of  securing  a  right  to  the  use  of  a  sufficient  supply  of  water 
to  irrigate  successfully  all  of  the  irrigable  land  embraced  in  his  entry. 
It  is  a  well-settled  principle  of  law  in  all  of  the  States  and  Territories 
in  which  the  desert-land  acts  are  operative,  that  actual  application  to 
a  beneficial  use  of  water  appropriated  from  public  streams  measures 
the  extent  of  the  right  to  the  water,  and  that  failure  to  proceed  with 
reasonable  diligence  to  make  such  application  to  beneficial  use,  within 
a  reasonable  time,  constitutes  an  abandonment  of  the  right.  The  final 
proof,  therefore,  must  show  that  the  claimant  has  exercised  such  dili- 
gence as  will,  if  continued,  under  the  operation  of  this  rule,  result  in  his 
definitely  securing  a  perfect  right  to  the  use  of  sufficient  water  for 
the  permanent  irrigation  and  reclamation  of  all  of  the  irrigable  land, 
in  his  entry.  To  this  end,  the  proof  must  at  least  show  that  water, 
which  is  being  diverted  from  its  natural  course  and  claimed  for  the 
specific  purpose  of  irrigating  the  lands  embraced  in  claimant's  entry, 
under  a  legal  right  acquired  by  virtue  of  his  own  or  his  grantor's 
compliance  with  the  requirements  of  the  State  or  territorial  laws 
governing  the  appropriation  by  individuals  of  the  waters  of  public 
streams  or  other  sources  of  supply,  as  shown  by  the  record  evidence 
of  such  right  which  accompanies  the  proof,  has  actually  been  con- 
ducted through  claimant's  main  ditches  to  and  upon  the  land;  that 
one-eighth  of  the  land  embraced  in  the  entry  has  been  actually  irri- 
gated and  cultivated  and  that  water  has  been  brought  to  such  a  point 
on  the  land  as  to  readily  demonstrate  that  the  entire  irrigable  area 


798  hillyeb's  legal  manual, 

may  be  irrigated  from  the  system  and  that  he  is  prepared  to  distribute 
the  water  so  claimed  over  all  of  the  irrigable  land  in  each  smallest  legal 
subdivision  in  quantity  sufficient  for  practical  irrigation  as  soon  as 
the  land  shall  have  been  cleared  or  otherwise  prepared  for  cultivation. 
The  nature  of  the  work  necessary  to  be  performed  in  and  for  the  prep- 
aration for  cultivation  of  such  part  of  the  land  as  has  not  been  irri- 
gated should  be  carefully  indicated,  and  it  should  be  shown  that  the 
said  work  of  preparation  is  being  prosecuted  with  such  diligence  as  will 
permit  of  beneficial  application  of  appropriated  water  within  a  reason- 
able time. 

Where  No  Final  Adjudication  of  Water  Right  can  be  Secured. — 
27.  In  those  States  where  entrymen  have  made  applications  for 
water  rights  and  have  been  granted  permits,  but  where  no  final  ad- 
judication of  the  water  right  can  be  secured  from  the  State  author- 
ities, owing  to  delay  in  the  adjudication  of  the  watercourses,  or  other 
delay  for  which  the  entrymen  are  in  no  way  responsible,  proof  that  the 
entrymen  have  done  all  that  is  required  of  them  by  the  laws  of  the 
State,  together  with  proof  of  actual  irrigation  of  one-eighth  of  the  land 
embraced  in  their  entries,  may  be  accepted.  This  modification  of  the 
rule  that  the  claimant  must  furnish  evidence  of  an  absolute  water  right 
will  apply  only  in  those  States  where,  under  the  local  laws,  it  is  abso- 
lutely impossible  for  the  entryman  to  secure  final  title  to  his  water  right 
within  the  time  allowed  him  to  submit  final  proof  on  his  entry,  and  in 
such  cases  the  best  evidence  obtainable  must  be  furnished. 

Where  Final  Proof  not  Made  Within  Four  Years.— 28.  Where  final 
proof  is  not  made  within  the  period  of  four  years,  or  within  the  period 
for  which  an  extension  of  time  has  been  granted,  the  register  and  re- 
ceiver should  send  the  claimant  a  notice,  addressed  to  him  at  his  post- 
office  address  of  record,  informing  him  that  he  will  be  allowed  ninety 
days  in  which  to  submit  final  proof.  Should  no  action  be  taken  within 
the  time  allowed,  the  register  and  receiver  will  report  that  fact,  together 
with  evidence  of  service,  to  the  General  Land  Office,  whereupon  the 
entry  will  be  canceled. 

Extension  of  Time  in  Submitting  Proof  Under  Certain  Conditions. — 
29.  Under  the  provisions  of  the  act  of  March  28,  1908,  the  period  of 
four  years  may  be  extended,  in  the  dis<3retion  of  the  Commissioner  of 
the  General  Land  Office,  for  an  additional  period  not  exceeding  three 
years,  if,  by  reason  of  some  unavoidable  delay  in  the  construction  of 
the  irrigating  works  intended  to  convey  water  to  the  land,  the  entry- 
man  is  unable  to  make  proof  of  reclamation  and  cultivation  required 
within  the  four  years.  This  does  not  mean  that  the  period  within 
which  proof  may  be  made  will  be  extended  as  a  matter  of  course  for 
three  years.  The  statute  authorizes  the  Commissioner  of  the  General 
Land  Office  to  grant  the  extension,  in  his  discretion,  for  such  a  period 
as  he  may  deem  necessary  for  the  completion  of  the  reclamation,  not 
exceeding  three  years,  but  such  applications  for  extension  will  not  be 
granted  unless  it  be  clearly  shown  that  the  failure  to  reclaim  and  culti- 


DESERT  LAND  REGULATIONS.  799 

vate  the  land  within  the  regular  period  of  four  years  was  due  to  no 
fault  on  the  part  of  the  entryman,  but  to  some  unavoidable  delay  in 
the  construction  of  the  irrigation  works,  for  which  he  was  not  respon- 
sible and  could  not  have  readily  foreseen.  Under  no  other  condition  is 
an  extension  of  time  to  make  final  proof  authorized,  except  in  cases 
falling  under  section  5  of  the  act  of  June  27,  1906,  pertaining  to  the 
entry  of  land  w^ithin  the  limits  of  reclamation  projects. 

Application  for  Extension. — An  entryman  who  desires  to  make  appli- 
cation for  extension  of  time  under  the  provisions  of  the  act  of  March 
28,  1908,  should  file  with  the  register  and  receiver  an  affidavit  setting 
forth  fully  the  facts,  showing  how  and  why  he  has  been  prevented 
from  making  final  proof  of  reclamation  and  cultivation  within  the 
regular  period.  This  affidavit  should  be  executed  before  one  of  the 
officers  named  in  paragraph  11  of  this  circular  and  must  be  corrobo- 
rated by  two  witnesses  who  have  personal  knowledge  of  the  facts,  and 
the  register  and  receiver,  after  carefully  considering  all  of  the  facts, 
will  forward  the  application  to  the  General  Land  Office,  with  appro- 
priate recommendation  thereon.  Inasmuch  as  registers  and  receivers 
reside  in  their  respective  districts,  they  are  presumed  to  have  more  or 
less  personal  knowledge  of  the  conditions  existing  therein,  and  for  that 
reason  much  weight  will  be  given  their  recommendations. 

Payments — Fees. — 30.  At  the  time  of  making  final  proof  the  claimant 
must  pay  to  the  receiver  the  sum  of  one  dollar  per  acre  for  each  acre 
of  land  upon  which  proof  is  made.  This,  together  with  the  twenty-five 
cents  per  acre  paid  at  the  time  of  making  the  original  entry,  will  amount 
to  one  dollar  and  twenty-five  cents  per  acre,  which  is  the  price  to  bo 
paid  for  all  lands  entered  under  the  desert-land  law,  regardless  of  their 
location.  The  receiver  w411  issue  a  receipt  for  the  money  paid,  and,  if 
the  proof  is  satisfactory,  the  register  will  issue  a  certificate  in  duplicate 
and  deliver  one  copy  to  the  entryman  and  forward  the  other  co[)y  to 
the  General  Land  Office  at  the  end  of  the  month  during  which  the 
certificate  was  issued. 

Final  Certificate  to  Heirs  or  Devisees. — If  the  entryman  is  dead  and 
proof  is  made  by  anyone  for  the  heirs,  no  will  being  suggested  in  the 
record,  the  final  certificate  should  issue  to  the  heirs  generally,  without 
naming  them;  if  by  anyone  for  the  heirs  or  devisees,  final  certificate 
should  issue,  in  like  manner,  to  the  heirs  or  devisees. 

Final  Proof  on  Entry  Prior  to  Act  of  March  28,  1908.— When  final 
proof  is  made  on  an  entry  made  prior  to  the  act  of  March  28,  1908,  for 
unsurveyed  land,  if  such  proof  is  satisfactory,  the  register  and  receiver 
will  approve  the  same  and  forward  it  to  the  General  Land  Office  without 
collecting  the  final  payment  of  one  dollar  an  acre  and  without  issuing 
final  certificate.  Fees  for  reducing  the  final  proof  testimony  to  writing 
should  be  collected  and  receipt  issued  therefor,  if  the  proof  is  taken 
before  the  register  and  receiver.  As  soon  as  the  land  is  surveyed  they 
will  call  upon  the  entryman  to  make  proof,  in  the  form  of  an  affidavit, 
duly  corroborated,  showing  the  legal  subdivisions  covered  by  his  entry. 


800 

When  this  has  been  done  the  register  and  receiver  will,  in  the  absence 
of  conflict  or  other  objection,  correct  their  records  so  as  to  make  them 
describe  the  land  by  legal  subdivisions,  and,  if  final  proof  has  been  made 
and  found  satisfactory  and  no  other  objections  exist,  final  papers  should 
be  issued  upon  payment  of  the  proper  amount. 

Fees  and  Comiuissions. — 31.  No  fees  or  commissions  are  required  of 
persons  making  entry  under  the  desert-land  laws,  except  such  fees  as 
are  paid  to  the  officers  for  taking  the  affidavits  and  proofs.  The  only 
payments  made  to  the  government  are  the  original  payment  of  twenty- 
five  cents  an  acre  at  the  time  of  making  the  application  and  the  final 
payment  of  one  dollar  an  acre,  to  be  paid  at  the  time  of  making  final 
proof.  Where  final  proofs  are  made  before  the  register  or  receiver  in 
California,  Oregon,  Washington,  Nevada,  Colorado,  Idaho,  New  Mexico, 
Arizona,  Utah,  Wyoming,  and  Montana  they  will  be  entitled  to  receive, 
jointly,  twenty-two  and  one-half  cents  for  each  one  hundred  words  of 
testimony  reduced  to  writing ;  in  all  other  States  they  will  be  allowed 
fifteen  cents  per  one  hundred  words  for  such  service.  The  United 
States  commissioners.  United  States  court  commissioners,  judores.  and 
clerks  are  not  entitled  to  receive  a  greater  sum  than  twenty-five  cents 
for  each  oath  administered  by  them,  except  that  they  are  entitled  to 
receive  one  dollar  for  administering  the  oath  to  each  entryman  and  each 
final  proof  witness  where  final  proof  testimony  has  been  reduced  to 
writing  by  them. 

Contests  and  Relinquishments — Contests. — 32.  Contests  may  be  initi- 
ated against  a  desert-land  entry  for  illegal  inception,  abandonment,  or 
failure  to  comply  with  the  law  after  entry.  Successful  contestants  will 
be  allowed  a  preference  right  of  entry  for  thirty  days  after  notice  of 
the  cancellation  of  the  contested  entry,  in  the  same  manner  as  in  home- 
stead cases,  and  the  register  will  give  the  same  notice  and  is  entitled  to 
the  same  fee  for  notice  as  in  other  cases.  However,  see,  in  this  connec- 
tion, the  act  of  June  25,  1910. 

Relinquishments. — 33.  A  desert-land  entry  may  be  relinquished  at 
any  time  by  the  party  owning  the  same,  and  when  relinquishments  are 
filed  in  the  local  land  office  the  entries  will  be  canceled  by  the  register 
and  receiver  in  the  same  manner  as  in  homestead,  pre-emption,  and 
other  cases,  under  the  first  section  of  the  act  of  May  14,  1880. 

Desert-land  Entries  Within  a  Reclamation  Project. — 34.  By  section  5 
of  the  act  of  June  27,  1906,  it  is  provided  that  any  desert-land  entryman 
who  has  been  or  may  be  directly  or  indirect!}^  hindered  or  prevented 
from  making  improvements  on  or  from  reclaiming  the  lands  embraced 
in  his  entry,  by  reason  of  the  fact  that  such  lands  have  been  embraced 
within  the  exterior  limits  of  any  withdrawal  under  the  reclamation  act 
of  June  17,  1902,  will  be  excused  during  the  continuance  of  such  hin- 
drance from  complying  with  the  provisions  of  the  desert-land  laws. 

Persons  Affected. — 35.  This  act  applies  only  to  persons  who  have 
been,  directly  or  indirectly,  delayed  or  prevented,  by  the  creation  of  any 
reclamation  project  or  by  any  withdrawal  of  public  lands  under  the 


DESERT  LAND  REGULATIONS.  801 

reclamation  act,  from  improving  or  reclaiming  the  lands  covered  by 
their  entries. 

Affidavit  Showing  Right  to  be  Excused. — 36.  No  entryman  will  be 
excused  under  this  act  from  a  compliance  with  all  of  the  requirements 
of  the  desert-land  law  until  he  has  filed  in  the  local  land  office  for  the 
district  in  which  his  lands  are  situated  an  affidavit  showing  in  detail  all 
of  the  facts  upon  which  he  claims  the  right  to  be  excused.  This  affi- 
davit must  show  when  the  hindrance  began,  the  nature,  character,  and 
extent  of  the  same,  and  it  must  be  corroborated  by  two  disinterested 
persons,  who  can  testify  from  their  own  personal  knowledge. 

Engineer's  Report. — 37.  The  register  and  receiver  will  at  once  for- 
ward the  application  to  the  engineer  in  charge  of  the  reclamation  pro- 
ject under  which  the  lands  involved  are  located  and  request  a  report  and 
recommendation  thereon.  Upon  the  receipt  of  this  report  the  register 
and  receiver  will  forward  it,  together  w^ith  the  applicant's  affidavit  and 
their  recommendation,  to  the  General  Land  Office,  where  it  will  receive 
appropriate  consideration  and  be  allowed  or  denied,  as  the  circum- 
stances may  justify. 

Extension  of  Time  for  Making  Annual  Proof. — 38.  Inasmuch  as  entry- 
men  are  allowed  one  year  after  entry  in  which  to  submit  the  first  annual 
proof  of  expenditures  for  the  purpose  of  improving  and  reclaiming  the 
land  entered  by  them,  the  privileges  of  this  act  are  not  necessary  in 
connection  with  annual  proofs  until  the  expiration  of  the  years  in  which 
such  proofs  are  due.  Therefore,  if  at  the  time  that  annual  proof  is  due 
it  cannot  be  made,  on  account  of  hindrance  or  delay  occasioned  by  a 
withdrawal  of  the  land  for  the  purpose  indicated  in  the  act,  the  appli- 
cant will  file  his  affidavit  explaining  the  delay.  As  a  rule,  however, 
annual  proofs  may  be  made,  notwithstanding  the  withdrawal  of  the 
land,  because  expenditures  for  various  kinds  of  improvements  are 
allowed  as  satisfactory  annual  proofs.  Therefore  an  extension  of  time 
for  making  annual  proof  will  not  be  granted  unless  it  is  made  clearly 
to  appear  that  the  entryman  has  been  delayed  or  prevented  by  the  with- 
drawal from  making  the  required  improvements;  and,  unless  he  has 
been  so  hindered  or  prevented  from  making  the  required  improve- 
ments, no  application  for  extension  of  time  for  making  final  proof  will 
be  granted  until  after  all  the  yearly  proofs  have  been  made. 

Final  Proof. — 39.  An  entryman  will  not  need  to  invoke  the  privileges 
of  this  act  in  connection  with  final  proof  until  such  final  proof  is  due, 
and  if  at  that  time  he  is  unable  to  make  the  final  proof  of  reclamation 
and  cultivation  as  required  by  law,  and  such  inability  is  due,  directly 
or  indirectly,  to  the  withdrawal  of  the  land  on  account  of  a  reclamation 
project,  the  affidavit  explaining  the  hindrance  and  delay  should  be  filed 
in  order  that  the  entryman  may  be  excused  for  such  failure. 

Time  not  Computed. — 40.  When  the  time  for  submitting  final  proof 
has  arrived  and  the  entryman  is  unable,  by  reason  of  the  withdrawal  of 
the  land,  to  make  such  proof,  upon  proper  showing,  as  indicated  herein, 

51 


802  hillyer's  legal  manual. 

he  will  be  excused,  and  the  time  during  which  it  is  shown  that  he  has 
been  hindered  or  delayed  on  account  of  the  withdrawal  of  the  land  will 
not  be  computed  in  determining  the  time  within  which  final  proof  must 
be  made. 

Notice  of  Abandonment  of  Project. — 41.  If  after  investigation  the 
irrigation  project  has  been  or  may  be  abandoned  by  the  government, 
the  time  for  compliance  with  the  law  by  the  entryman  will  begin  to 
run  from  the  date  of  notice  of  such  abandonment  of  the  project  and  of 
the  restoration  to  the  public  domain  of  the  lands  which  had  been  with- 
drawn in  connection  with  the  project. 

Reclamation  Project  Carried  to  Completion. — If,  however,  the  recla- 
mation project  is  carried  to  completion  by  the  government  and  a  water 
supply  has  been  made  available  for  the  land  embraced  in  such  desert- 
land  entry,  the  entryman  must  comply  with  all  the  provisions  of  the  act 
of  June  17,  1902,  and  must  relinquish  all  the  land  embraced  in  his  entry 
in  excess  of  160  acres,  and  upon  making  final  proof  and  complying  with 
the  terms  of  payment  prescribed  in  said  act  of  June  17,  1902,  he  shall 
be  entitled  to  patent. 

Entryman  may  Proceed  Independently. — 42.  Special  attention  is 
called  to  the  fact  that  nothing  contained  in  the  act  of  June  27,  1906, 
shall  be  construed  to  mean  that  a  desert-land  entryman  who  owns  a 
water  right  and  reclaims  the  land  embraced  in  his  entry  must  accept 
the  conditions  of  the  reclamation  act  of  June  17,  1902,  but  he  may 
proceed  independently  of  the  government's  plan  of  irrigation  and 
acquire  title  to  the  land  embraced  in  his  desert-land  entry  by  means 
of  his  own  system  of  irrigation. 

Entrymen  Who  Expect  to  Secure  Water  from  the  Government. — 
43.  Desert-land  entrymen  within  exterior  boundaries  of  a  reclamation 
project,  who  expect  to  secure  water  from  the  government  must  relin- 
quish all  of  the  lands  embraced  in  their  entries  in  excess  of  160  acres 
whenever  they  are  required  to  do  so  through  the  local  land  office  and 
must  reclaim  one-half  of  the  irrigable  area  covered  by  their  water  right 
in  the  same  manner  as  private  owners  of  land  irrigated  under  a  recla- 
mation project. 

Previous  Rulings  Vacated. — 44.  All  previous  rulings  and  instruc- 
tions not  in  harmony  herewith  are  hereby  vacated. 


STATUTES. 

An  Act  to  Provide  for  the  Sale  of  Desert  Lands  in  Certain  States  and 

Territories. 

Declaration  —  Appropriation  of  Water. — It  shall  be  lawful  for 
any  citizen  of  the  United  States,  or  any  person  of  requisite  age 
"who  may  be  entitled  to  become  a  citizen,  and  who  has  filed  his  decla- 
ration to  become  such"  and  upon  payment  of  twenty-five  cents  per 
acre — to  file  a  declaration  under  oath  with  the  register  and  the  receiver 


DESERT  LAND  LAWS.  803 

of  the  land  district  in  which  any  desert  land  is  situated,  that  he  intends 
to  reclaim  a  tract  of  desert  land  not  exceeding  one  half-section,  by  con- 
ducting water  upon  the  same,  within  the  period  of  four  years  there- 
after: Provided,  however,  That  the  right  to  the  use  of  water  by  the 
person  so  conducting  the  same,  on  or  to  any  tract  of  desert  land  of 
six  hundred  and  forty  acres  shall  depend  upon  bona  fide  prior  appro- 
priation ;  and  such  right  shall  not  exceed  the  amount  of  water  actually 
appropriated,  and  necessarily  used  for  the  purpose  of  irrigation  and 
reclamation;  and  all  surplus  water  over  and  above  such  actual  appro- 
priation and  use,  together  with  the  water  of  all  lakes,  rivers,  and  other 
sources  of  water  supply  upon  the  public  lands,  and  not  navigable,  shall 
remain  and  be  held  free  for  the  appropriation  and  use  of  the  public 
for  irrigation,  mining,  and  manufacturing  purposes  subject  to  existing 
rights.  Said  declaration  shall  describe  particularly  said  section  of 
land  if  surveyed,  and,  if  unsurveyed,  shall  describe  the  same  as  nearly 
as  possible  without  a  survey.  At  any  time  within  the  period  of  three 
years  after  filing  said  declaration,  upon  making  satisfactory  proof  to 
the  register  and  receiver  of  the  reclamation  of  said  tract  of  land  in 
the  manner  aforesaid,  and  upon  the  payment  to  the  receiver  of  the 
additional  sum  of  one  dollar  per  acre  for  a  tract  of  land  not  exceeding 
six  hundred  and  forty  acres  to  any  one  person,  a  patent  for  the  same 
shall  be  issued  to  him :  Provided,  That  no  person  shall  be  permitted  to 
enter  more  than  one  tract  of  land  and  not  to  exceed  320  acres,  which 
shall  be  in  compact  form.     (26  Stat.  L.  1095.) 

Desert  Lands. — That  all  lands  exclusive  of  timber  lands  and  mineral 
lands  which  will  not,  without  irrigation,  produce  some  agricultural 
crop,  shall  be  deemed  desert  lands  within  the  meaning  of  this  act, 
which  fact  shall  be  ascertained  by  proof  of  two  or  more  credible  wit- 
nesses under  oath,  whose  affidavits  shall  be  filed  in  the  land  office  in 
which  said  tract  of  land  may  be  situated.     (19  Stat.  Lf.  377.) 

States  Affected. — That  this  act  shall  only  apply  to  and  take  effect  in 
the  States  of  California,  Oregon,  and  Nevada,  and  the  Territories  of 
Washington,  Idaho,  Montana,  Utah,  Wyoming,  Arizona,  New  Mexico, 
and  Dakota,  and  the  determination  of  what  may  be  considered  desert 
land  shall  be  subject  to  the  decision  and  regulation  of  the  Commis- 
sioner of  the  General  Land  Office.     (19  Stat.  L.  377.) 

Map. — That  at  the  time  of  filing  the  declaration  hereinbefore  re- 
quired the  party  shall  also  file  a  map  of  said  land  which  shall  exhibit 
a  plan  showing  the  mode  of  contemplated  irrigation,  and  which  plan 
shall  be  sufficient  to  thoroughly  irrigate  and  reclaim  said  land,  and 
prepare  it  to  raise  ordinary  agricultural  crops,  and  shall  also  show  the 
source  of  the  water  to  be  used  for  irrigation  and  reclamation.  Persons 
entering  or  proposing  to  enter  separate  sections  or  fractional  parts  of 
sections  of  desert  lands  may  associate  together  in  the  construction  of 
canals  and  ditches  for  irrigating  and  reclaiming  all  of  said  tracts,  and 
may  file  a  joint  map  or  maps  showing  their  plan  of  internal  improve- 
ments.    (26  Stat.  L.  1095.) 


804  HILLYER^S  LEGAL  MANUAL. 

Expenditures — Proofs.— That  no  land  shall  be  patented  to  any  per- 
son under  this  act  unless  he  or  his  assignors  shall  have  expended  in  the 
necessary  irrigation,  reclamation,  and  cultivation  thereof,  by  means  of 
main  canals  and  branch  ditches,  and  in  permanent  improvements  upon 
the  land,  and  in  the  purchase  of  water  rights  for  the  irrigation  of  the 
same,  at  least  three  dollars  per  acre  of  whole  tract  reclaimed  and  pat- 
ented in  the  manner  following:  Within  one  year  after  making  entry 
for  such  tract  of  desert  land  as  aforesaid,  the  party  so  entering  shall 
expend  not  less  than  one  dollar  per  acre  for  the  purposes  aforesaid; 
and  he  shall  in  like  manner  expend  the  sum  of  one  dollar  per  acre  dur- 
ing the  second  and  also  during  the  third  year  thereafter,  until  the  full 
sum  of  three  dollars  per  acre  is  so  expended.  Said  party  shall  file 
during  each  year  with  the  register,  proof,  by  the  affidavits  of  two  or 
more  credible  witnesses,  that  the  full  sum  of  one  dollar  per  acre  has 
been  expended  in  such  necessary  improvements  during  such  year,  and 
the  manner  in  which  expended,  and  at  the  expiration  of  the  third  year 
a  map  or  plan  showing  the  character  and  extent  of  such  improvements. 
If  any  party  who  has  made  such  application  shall  fail  during  any  year 
to  file  the  testimony  aforesaid,  the  lands  shall  revert  to  the  tjnited 
States,  and  the  twenty-five  cents  advanced  payment  shall  be  forfeited 
to  the  United  States,  and  the  entry  shall  be  canceled.  Nothing  herein 
contained  shall  prevent  a  claimant  from  making  his  final  entry  and 
receiving  his  patent  at  an  earlier  date  than  hereinbefore  prescribed, 
provided  that  he  then  makes  the  required  proof  of  reclamation  to  the 
aggregate  extent  of  three  dollars  per  acre :  Provided,  That  proof  be 
further  required  of  the  cultivation  of  one-eighth  of  the  land.  (26 
Stat.  L.  1095.) 

Rights  Heretofore  Accrued. — That  this  act  shall  not  affect  any  valid 
rights  heretofore  accrued  under  said  act  of  March  3,  1877,  but  all  bona 
fide  claims  heretofore  lawfully  initiated  may  be  perfected,  upon  due 
compliance  with  the  provisions  of  said  act,  in  the  same  manner,  upon 
the  same  terms  and  conditions,  and  subject  to  the  same  limitations,  for- 
feitures, and  contests  as  if  this  act  had  not  been  passed ;  or  said  claims, 
at  the  option  of  the  claimant,  may  be  perfected  and  patented  under  the 
provisions  of  said  act,  as  amended  by  this  act,  so  far  as  applicable; 
and  all  acts  and  parts  of  acts  in  comflict  with  this  act  are  hereby  re- 
pealed.    (26  Stat.  L.  1095.) 

Patent. — That  at  any  time  after  filing  the  declaration,  and  within  the 
period  of  four  years  thereafter,  upon  making  satisfactory  proof  to  the 
register  and  the  receiver  of  the  reclamation  and  cultivation  of  said 
land  to  the  extent  and  cost  and  in  the  manner  aforesaid,  and  substan- 
tially in  accordance  with  the  plans  herein  provided  for,  and  that  he 
or  she  is  a  citizen  of  the  United  States,  and  upon  payment  to  the 
receiver  of  the  additional  sum  of  one  dollar  per  acre  for  said  land,  a 
patent  shall  issue  therefor  to  the  applicant  or  his  assigns;  but  no 
person  or  association  of  persons  shall  hold,  b}^  assignment  or  otherwise 
prior  to  the  issue  of  patent,  more  than  three  hundred  and  twenty  acres 
of  such  arid  or  desert  lands ;  but  this  section  shall  not  apply  to  entries 


DESERT  LAND  LAWS.  805 

made  or  initiated  prior  to  the  approval  of  this  act :  Provided,  however, 
That  additional  proofs  may  be  required  at  any  time  within  the  period 
prescribed  by  law,  and  that  the  claims  or  entries  made  under  this  or 
any  preceding  act  shall  be  subject  to  contest,  as  provided  by  the  law 
relating  to  homestead  cases,  for  illegal  inception,  abandonment,  or 
failure  to  comply  with  the  requirements  of  law,  and  upon  satisfactory 
proof  thereof  shall  be  canceled,  and  the  lands  and  moneys  paid  there- 
for shall  be  forfeited  to  the  United  States.     (26  Stat.  L.  1095.) 

Entryman  must  be  Resident  Citizen. — That  the  provisions  of  the  act 
to  which  this  is  an  amendment,  and  the  amendments  thereto,  shall  apply 
to  and  be  in  force  in  the  State  of  Colorado,  as  well  as  the  States  named 
in  the  original  act;  and  no  person  shall  be  entitled  to  make  entry  of 
desert  land  except  he  be  a  resident  citizen  of  the  State  or  Territory  in 
which  the  land  sought  to  be  entered  is  located.     (26  Stat.  L.  1095.) 

Entryman  Hindered  by  Withdrawal  or  Irrigation  Project. — Where 
any  bona  fide  desert-land  entry  has  been  or  may  be  embraced 
within  the  exterior  limits  of  any  land  withdrawal  or  irrigation 
project  under  the  act  entitled  ''An  act  appropriating  the  receipts 
from  the  sale  and  disposal  of  public  lands  in  certain  States  and 
Territories  to  the  construction  of  irrigation  works  for  the  recla- 
mation of  arid  lands,"  approved  June  17,  1902,  and  the  desert-land 
entryman  has  been  or  may  be  directly  or  indirectly  hindered,  delayed, 
or  prevented  from  making  improvements  or  from  reclaiming  the  land 
embraced  in  any  such  entry  by  reason  of  such  land  withdrawal  or 
irrigation  project,  the  time  during  which  the  desert-land  entryman  has 
been  or  may  be  so  hindered,  delayed,  or  prevented  from  complying 
with  the  desert-land  law  shall  not  be  computed  in  determining  the  time 
within  which  such  entryman  has  been  or  may  be  required  to  make  im- 
provements or  reclaim  the  land  embraced  within  any  such  desert-land 
entry.     (34  Stat.  L.  520.) 

Abandonment  of  Project. — Provided,  That  if  after  investigation  the 
irrigation  project  has  been  or  may  be  abandoned  by  the  government, 
time  for  compliance  with  the  desert-land  law  by  any  such  entryman 
shall  begin  to  run  from  the  date  of  notice  of  such  abandonment  of  the 
project  and  the  restoration  to  the  public  domain  of  the  lands  with- 
drawn in  connection  therewith,  and  credit  shall  be  allowed  for  all  ex- 
penditures and  improvements  heretofore  made  on  any  such  desert -land 
entry  of  which  proof  has  been  filed;  but  if  the  reclamation  project  is 
carried  to  completion  so  as  to  make  available  a  water  supply  for  the 
land  embraced  in  any  such  desert-land  entry,  the  entryman  shall  there- 
upon comply  with  all  the  provisions  of  the  aforesaid  act  of  June  17, 
1902,  and  shall  relinquish  all  land  embraced  within  his  desert-land 
entry  in  excess  of  one  hundred  and  sixty  acres,  and  as  to  such  one 
hundred  and  sixty  acres  retained,  he  shall  be  entitled  to  make  final 
proof  and  obtain  patent  upon  compliance  with  the  terms  of  payment 
prescribed  in  said  act  of  June  17,  1902,  and  not  otherwise.  But  noth- 
ing herein  contained  shall  be  held  to  require  a  desert-land  entryman 


806  hillyer's  legal  manual. 

who  owns  a  water  right  and  reclaims  the  land  embraced  in  his  entry 
to  accept  the  conditions  of  said  reclamation  act.     (34  Stat.  L.  520.) 

Second  Desert-land  Entry. — Any  person  who  prior  to  the  passage  of 
this  act  has  made  entry  under  the  desert-land  laws,  but  from  any  cause 
has  lost,  forfeited,  or  abandoned  the  same,  shall  be  entitled  to  the 
benefits  of  the  desert-land  law  as  though  such  former  entry  had  not 
been  made,  and  any  person  applying  for  a  second  desert-land  entry 
under  this  act  shall  furnish  the  description  and  date  of  his  former 
entry :  Provided,  That  the  provisions  of  this  act  shall  not  apply  to  any 
person  whose  former  entry  was  assigned  in  whole  or  in  part  or  can- 
celed for  fraud,  or  who  relinquished  the  former  entry  for  a  valuable 
consideration.     (35  Stat.  L.  48.) 

Entry  of  Desert  Lands  Restricted  to  Surveyed  Public  Lands. — From 
and  after  the  passage  of  this  act  the  right  to  make  entry  of  desert  lands 
under  the  provisions  of  the  act  approved  March  3,  1877,  entitled,  ''An 
act  to  provide  for  the  sale  of  desert  lands  in  certain  States  and  Terri- 
tories," as  amended  by  the  act  approved  March  3,  1891,  entitled  ''An 
act  to  repeal  timber  culture  laws,  and  for  other  purposes,"  shall  be 
restricted  to  surveyed  public  lands  of  the  character  contemplated  by 
said  acts,  and  no  such  entries  of  unsurveyed  lands  shall  be  allowed  or 
made  of  record.     (35  Stat.  L.  52.) 

Preference  Rigfht. — Provided,  however.  That  any  individual  qualified 
to  make  entry  of  desert  lands  under  said  acts  who  has,  prior  to  survey, 
taken  possession  of  a  tract  of  unsurveyed  desert  land  not  exceeding 
in  area  three  hundred  and  twenty  acres  in  compact  form,  and  has  re- 
claimed or  has  in  good  faith  commenced  the  work  of  reclaiming  the 
same,  shall  have  the  preference  right  to  make  entry  of  such  tract  under 
said  acts,  in  conformity  with  the  public  land  surveys,  within  ninety 
days  after  the  filing  of  the  approved  plat  of  survey  in  the  district  land 
office.     (35  Stat.  L.  52.) 

Assignment  of  Entry. — That  from  and  after  the  date  of  the  passage 
of  this  act  no  assignment  of  an  entry  made  under  said  acts  shall  be 
allowed  or  recognized,  except  it  be  to  an  individual  who  is  shown  to  be 
qualified  to  make  entry  under  said  acts  of  the  land  covered  by  the 
assigned  entry,  and  such  assignments  may  include  all  or  part  of  an 
entry ;  but  no  assignment  to  or  for  the  benefit  of  any  corporation  or 
association  shall  be  authorized  or  recognized.     (35  Stat.  L.  52.) 

Extension  of  Time. — ^That  any  entryman  under  the  above  acts  who 
shall  show  to  the  satisfaction  of  the  Commissioner  of  the  General  Land 
Office  that  he  has  in  good  faith  complied  with  the  terms,  requirements, 
and  provisions  of  said  acts,  but  that  because  of  some  unavoidable  delay 
in  the  construction  of  the  irrigating  works,  intended  to  convey  water 
to  the  said  lands,  he  is,  without  fault  on  his  part,  unable  to  make  proof 
of  the  reclamation  and  cultivation  of  said  land,  as  required  by  said 
acts,  shall,  upon  filing  his  corroborated  affidavit  with  the  land  office 
in  which  said  land  is  located,  setting  forth  said  facts,  be  allowed  an 
additional  period  of  not  to  exceed  three  years,  within  the  discretion 


DESERT  LAND  LAWS.  807 

of  the  Commissioner  of  the  General  Land  Office,  within  which  to  fur- 
nish proof,  as  required  by  said  acts,  of  the  completion  of  said  work. 
(35  Stat.  L.  52.) 

RELIEF  OF  ASSIGNEES  IN  IMPERIAL  COUNTY. 

Assignment  Recognized. — Any  person,  other  than  a  corporation,  who 
has  in  ^ood  faith  heretofore  acquired  by  assignment  a  desert-land  entry, 
which  entry  is  regular  upon  its  face,  in  the  belief  that  he  was  obtaining 
a  valid  title  thereto,  which  assignment  was  accepted  when  filed  at  the 
local  land  office  of  the  United  States  and  recognized  at  the  General 
Land  Office  as  a  proper  transfer  of  such  entry,  shall  be  entitled  to 
complete  the  entry  so  acquired,  notwithstanding  any  contest  that  has 
been  or  may  be  filed  against  such  entry,  based  upon  a  charge  of  fraud 
of  which  the  assignee  had  no  knowledge. 

Notice  of  Fraud. — Provided,  however,  That  this  act  shall  only  apply 
to  any  person  who  at  the  time  of  receiving  such  assignment  was  with- 
out notice  of  any  fraud  in  the  entry  assigned  or  in  any  annual  proof 
made  concerning  the  same. 

Patent  to  Assignee. — ^Provided,  further,  That  patent  shall  not  issue 
to  any  such  assignee  unless  he  shall  affirmatively  establish,  bj^  his  evi- 
dence, under  oath,  good  faith  and  lack  of  notice  of  fraud,  and  by  the 
testimony,  under  oath,  of  himself  and  at  least  two  witnesses  that 
expenditure  in  the  total  amount  and  cultivation  and  reclamation  to 
the  full  extent  required  by  law  have  been  actually  made  and  accom- 
plished :  And  provided,  further.  That  nothing  herein  contained  shall 
be  construed  to  waive  or  avoid  liability  for  any  fraud  or  violation  of 
the  law  on  the  part  of  the  person  committing  the  same. 

Persons  Permitted  to  Complete  Title  Notwithstanding  Contest. — 
That  where  a  person  having  made  entry  under  the  desert-land  law 
was  thereafter  permitted  by  the  Land  Department  to  hold  another 
entry  or  entries  by  assignment,  or  where  a  person  having  previously 
perfected  title  under  assignment  of  a  desert-land  entry,  or  having  held 
land  under  assignment  to  the  amount  of  three  hundred  and  twenty 
acres  or  more  at  different  times,  was  thereafter  permitted  by  the  Land 
Department  to  make  an  entry  in  his  own  right,  or  to  hold  other  lands 
under  assignment,  such  persons,  or  their  lawful  assignees,  shall  be, 
upon  showing  full  compliance  with  all  requirements  of  existing  law  as 
to  expenditure,  reclamation,  and  cultivation,  permitted  to  complete 
title  to  the  land  now  held  by  them,  notwithstanding  any  contest  that 
may  have  been  or  may  hereafter  be  filed  against  the  entry  based  upon 
the  charge  that  the  present  claimant  has  exhausted  his  right  under 
the  desert-land  law  by  reason  of  having  previously  made  an  entry  or 
held  land  under  an  assignment  as  above  detailed;  Provided,  however, 
That  this  section  shall  not  be  applicable  to  entries  made  or  taken  by 
assignment  subsequently  to  November  30,  1908;  Provided,  further, 
That  no  person  shall  be  entitled  to  the  benefits  of  either  the  first  or 
second  section  of  this  act  who  has  heretofore  acquired  title  to  three 


808 

hundred  and  twenty  acres  of  land  under  the  desert-land  laws;  nor  shall 
this  act  be  construed  to  modify  in  any  manner  the  provisions  of  the 
act  of  August  30,  1890  (Twenty-sixth  Statutes,  391),  and  the  seven- 
teenth section  of  the  act  of  March  3,  1891  (Twenty-sixth  Statutes, 
1095),  restricting  the  quantity  of  lands  that  may  be  acquired  under  the 
agricultural  land  laws. 

The  provisions  of  this  act  shall  apply  to  Imperial  County,  Califor- 
nia, only.     (Act  of  June  25,  1910.) 

UNITED    STATES    LAND    OFFICE— RULES    OF 

PRACTICE. 

I. 
PROCEEDINGS  BEFORE  REGISTERS  AND  RECEIVERS. 

Rule  1.  Initiation  of  Contests. — Contests  may  be  initiated  by  any 
person  seeking  to  acquire  title  to,  or  claiming  an  interest  in,  the  land 
involved,  against  a  party  to  any  entry,  filing,  or  other  claim  under  laws 
of  Congress  relating  to  the  public  lands,  because  of  priority  of  claim, 
or  for  any  sufficient  cause  affecting  the  legality  or  validity  of  the 
claim,  not  shown  by  the  records  of  the  Land  Department. 

Reference  and  Investigation. — Any  protest  or  application  to  contest 
filed  by  any  other  person  shall  be  forthwith  referred  to  the  Chief  of 
Field  Division,  who  will  promptly  investigate  the  same  and  recommend 
appropriate  action. 

APPLICATION  TO  CONTEST. 

Rule  2.  Contents  of  Application. — Any  person  desiring  to  institute 
contest  must  file,  in  duplicate,  with  the  register  and  receiver,  applica- 
tion in  that  behalf,  together  with  statement  under  oath  containing: 

(a)  Name  —  Residence  of  Party. — Name  and  residence  of  each 
party  adversely  interested,  including  the  age  of  each  heir  of  any  de- 
ceased entryman. 

(b)  Description — Character  of  Land. — Description  and  character  of 
the  land  involved. 

(c)  Proceedings  Pending. — Reference,  so  far  as  known  to  the  appli- 
cant, to  any  proceedings  pending  for  the  acquisition  of  title  to  or  the 
use  of  such  lands. 

(d)  Grounds  of  Contest. — Statement,  in  ordinary  and  concise  lan- 
guage, of  the  facts  constituting  the  grounds  of  contest. 

(e)  Statement  of  Law  and  Facts. — Statement  of  the  law  under 
which  applicant  intends  to  acquire  title  and  facts  showing  that  he  is 
qualified  to  do  so. 

(f )  Good  Faith. — That  the  proceeding  is  not  collusive  or  speculative, 
but  is  instituted  and  will  be  diligently  pursued  in  good  faith. 

(g)  Application  to  Prove. — Application  that  affiant  be  allowed  to 
prove  said  allegations  and  that  the  entry,  filing,  or  other  claim  be 
canceled'. 


LAND  OFFICE  RULES.  809 

(h)  Address. — Address  to  which  papers  shall  be  sent  for  service  on 
such  applicant. 

Rule  3.  One  Witness. — The  statements  in  the  application  must  be 
corroborated  by  the  affidavit  of  at  least  one  witness. 

Rule  4.  Contest  Without  Reference. — The  register  and  receiver  may 
allow  any  application  to  contest  without  reference  thereof  to  the  com- 
missioner; but  they  must  immediately  forward  eopy  thereof  to  the 
Commissioner  of  the  General  Land  Office,  who  will  promptly  cause 
proper  notations  to  be  made  upon  the  records,  and  no  patent  or  other 
evidence  of  title  shall  issue  until  and  unless  the  case  is  closed  in  favor 
of  the  contestee. 

CONTEST  NOTICE. 
Rule  5.     Contest    Notice. — ^The    register    and    receiver    shall    act 
promptly  upon  all  applications  to  contest  and  upon  the  allowance  of 
any  such  application  shall  issue  notice,  directed  to  the  persons  adversely 
interested,  containing : 

(a)  Contents. — The  names  of  the  parties,  description  of  the  land  in- 
volved, and  identification,  by  appropriate  reference,  of  the  proceeding 
against  which  the  contest  is  directed. 

(b)  Direction  to  Answer. — Notice  that  unless  the  adverse  party 
appears  and  answers  the  allegation  of  said  contest  within  thirty  days 
after  service  of  notice  the  allegations  of  the  contest  will  be  taken  as 
confessed. 

SERVICE  OF  NOTICE. 

Rule  6.  How  Served. — Notice  of  contest  may  be  served  on  the  ad- 
verse party  personally  or  by  publication. 

Rule  7.  Personal  Service. — Personal  service  of  notice  of  contest  may 
be  made  by  any  person  over  the  age  of  eighteen  years,  or  by  registered 
mail;  when  served  by  registered  mail,  proof  hereof  must  be  accom- 
panied by  postoffice  registry  return  receipt,  showing  personal  delivery 
to  the  party  to  whom  the  same  is  directed;  when  service  is  made  per- 
sonally, proof  thereof  shall  be  by  written  acknowledgment  of  the 
person  served,  or  by  affidavit  of  the  person  serving  the  same,  showing 
personal  delivery  to  the  party  served;  except  when  service  is  made  by 
publication,  copy  of  the  affidavit  of  contest  must  be  served  with  such 
notice. 

Rule  8.  Abatement  of  Contest. — Unless  notice  of  contest  is  person- 
ally served  within  thirty  days  after  issuance  of  such  notice  and  proof 
thereof  made  not  later  than  thirty  days  after  such  service,  or  if  ser- 
vice by  publication  is  ordered,  unless  publication  is  commenced  within 
ten  days  after  such  order  and  proof  of  publication  is  made  not  later 
than  twenty  days  after  the  fourth  publication,  as  specified  in  Rule  10, 
the  contest  shall  abate :  Provided,  That  if  the  defendant  makes  answer 
without  questioning  the  service  or  the  proof  of  service  of  said  notice, 
the  contest  will  proceed  without  further  requirement  in  those  par- 
ticulars. 


810  HILLYER^S  LEGAL  MANUAL. 

SERVING  NOTICE  BY  PUBLICATION. 

Rule  9.  Notice  by  Publication. — Notice  of  contest  may  be  given  by 
publication  only  when  it  appears,  by  affidavit,  by  or  on  behalf  of  the 
contestant,  filed  within  thirty  days  after  the  allowance  of  application 
to  contest  and  within  ten  days  after  its  execution,  that  the  adverse 
party  cannot  be  found,  after  due  diligence  and  inquiry,  made  for  the 
purpose  of  obtaining  service  of  notice  of  contest  within  fifteen  days 
prior  to  the  presentation  of  such  affidavit,  of  the  postmaster  at  the 
place  of  address  of  such  adverse  party  appearing  on  the  records  of  the 
Land  Office,  and  of  the  postmaster  nearest  the  land  in  controversy  and 
also  of  named  persons  residing  in  the  vicinity  of  the  land. 

Address  of  the  Adverse  Party. — Such  affidavit  must  state  the  last 
address  of  the  adverse  party  as  ascertained  by  the  person  executing  the 
same. 

Published  Notice. — The  published  notice  of  contest  must  give 
the  names  of  the  parties  thereto,  description  of  the  land  involved, 
identification,  by  appropriate  reference,  of  the  proceeding  against 
which  the  contest  is  directed,  the  substance  of  the  charges  contained  in 
the  affidavit  of  contest,  and  a  statement  that,  upon  failure  to  answer 
within  twenty  days  after  the  completion  of  publication  of  such  notice, 
the  allegations  of  said  affidavit  of  contest  will  be  taken  as  confessed. 

Affidavit  of  Contest. — The  affidavit  of  contest  need  not  be  published. 

Statement  of  Dates. — There  shall  be  published  with  the  notice  a 
statement  of  the  dates  of  publication. 

Rule  10.  Service  of  Notice — Newspaper. — Service  of  notice  by 
publication  shall  be  made  by  publishing  notice  at  least  once  a  week  for 
four  successive  weeks  in  some  newspaper  published  in  the  county 
wherein  the  land  in  contest  lies;  and  if  no  newspaper  be  printed  in 
such  county,  then  in  a  newspaper  printed  in  the  county  nearest  to  such 
land. 

Copy  by  Registered  Mail. — Copy  of  the  notice,  as  published,  together 
wdth  copy  of  the  affidavit  of  contest,  shall  be  sent  by  the  contestant, 
within  ten  days  after  the  first  publication  of  such  notice,  by  registered 
mail,  directed  to  the  party  for  service  upon  whom  such  publication  is 
being  made,  at  the  last  address  of  such  party  as  shown  by  the  records 
of  the  Land  Office,  and  also  at  the  address  named  in  the  affidavit  for 
publication,  and  also  at  the  postoffice  nearest  the  land. 

Copy  Posted. — Copy  of  the  notice,  as  published,  shall  be  posted  in 
the  office  of  the  register,  and  also  in  a  conspicuous  place,  upon  the  land 
involved,  such  posting  to  be  made  within  ten  days  after  the  first  pub- 
lication of  notice  as  hereinabove  provided. 

Rule  11.  Proof  of  Publication. — Proof  of  publication  of  notice  shall 
be  by  copy  of  the  notice  as  published,  attached  to  and  made  a  part  of 
the  affidavit  of  the  publisher,  or  foreman,  of  the  newspaper  publishing 
the  same,  showing  the  publication  thereof  in  accordance  with  these 
rules. 


LAND  OFFICE  RULES.  811 

Proof  of  Posting. — Proof  of  posting  shall  be  by  affidavit  of  the  per- 
son who  posted  notice  on  the  land,  and  the  certificate  of  the  register  as 
to  posting  in  the  local  land  office. 

DEFECTIVE  SERVICE  OF  NOTICE. 

Rule  12.  Contest  not  to  Abate. — No  contest  proceeding  shall  abate 
because  of  any  defect  in  the  manner  of  service  of  notice  in  any  case 
vrhere  copy  of  the  notice  or  affidavit  of  contest  is  shown  to  have  been 
received  by  the  person  to  be  served ;  but  in  such  case  the  time  to  answer 
may  be  extended  in  the  discretion  of  the  register  and  receiver. 

ANSWER  BY  CONTESTEE. 

Rule  13.  Time  and  Manner  of  Answering. — Within  thirty  days  after 
personal  service  of  notice  and  affidavit  of  contest  as  above  provided, 
or,  if  service  is  made  by  publication,  within  twenty  days  after  the 
fourth  publication,  as  prescribed  by  these  rules,  the  party  served  must 
file  with  the  register  and  receiver  answer,  under  oath,  specifically  meet- 
ing and  responding  to  the  allegations  of  the  contest,  together  with 
proof  of  service  of  a  copy  thereof  upon  the  contestant  by  delivery  of 
such  copy  at  the  address  designated  in  the  application  to  contest,  or 
personally  in  the  manner  provided  for  the  personal  service  of  notice 
of  contest. 

Address  for  Service  upon  Party  Answering. — Such  answer  shall  con- 
tain or  be  accompanied  by  the  address  at  which  all  notices  or  other 
papers  shall  be  sent  for  service  upon  the  party  answering. 

FAILURE  TO  ANSWER. 

Rule  14.  Affidavit  Taken  as  Confessed — Upon  the  failure  to  serve 
and  file  answer  as  provided  by  Rule  13,  the  allegations  of  the  contest 
affidavit  will,  on  motion  of  contestant  made  within  twenty  days  after 
the  date  the  answer  is  required  to  be  filed  and  before  any  answer  is 
filed,  be  taken  as  confessed,  or  in  case  of  failure  of  contestee  to  file 
answer  and  of  contestant  to  file  motion  within  the  time  prescribed,  the 
allegation  of  the  contest  affidavit  may  be  taken  as  confessed  and  judg- 
ment entered  by  the  Commissioner  of  the  General  Land  Office  without 
the  award  of  preference  right  to  contestant.  Due  service  of  notice, 
either  personally  or  by  publication,  as  provided  by  Rule  8,  must  appear 
in  all  such  cases.  At  the  end  of  the  period  herein  prescribed  the  reg- 
ister and  receiver  will  forthwith  forward  the  case,  with  recommenda- 
tion thereon,  to  the  General  Land  Office  and  notify  the  parties  by 
registered  mail  of  the  action  taken. 

DATE  AND  NOTICE  OF  TRIAL. 

Rule  15.  By  Registered  Letter. — ^Upon  the  filing  of  answer  and  proof 
of  service  thereof  the  register  and  receiver  will  forthwith  fix  time  and 
place  for  taking  testimony  and  notify  all  parties  thereof  by  registered 
letter  mail  not  less  than  twenty  days  in  advance  of  the  date  fixed. 


812  hillyer's  legal  manual. 

PLACE  OF  SERVICE  OF  PAPERS. 

Rule  16.  Proof  of  delivery  of  papers  required  to  be  served  upon 
the  contestant  at  the  place  designated  under  clause  (h)  of  Rule  2,  in 
the  application  to  contest,  and  upon  any  adverse  party  at  the  place 
designated  in  the  answer,  or  at  such  other  place  as  may  be  designated 
in  writing  by  the  person  to  be  served,  shall  be  sufficient  for  all  pur- 
poses; and,  where  notice  of  contest  has  been  given  by  registered  mail, 
and  the  registry  return  receipt  shows  the  same  to  have  been  received 
by  the  adverse  party,  proof  of  delivery  at  the  address  at  which  such 
notice  was  so  received,  shall,  in  the  absence  of  other  direction  by 
such  adverse  party,  be  sufficient. 

Where  a  party  has  appeared  and  is  represented  by  counsel,  service 
of  papers  upon  such  counsel  shall  be  sufficient. 

CONTINUANCE. 

Rule  17.  When  Granted. — Hearing  may  be  postponed  because  of 
absence  of  a  material  witness  when  the  party  applying  for  continuance 
makes  affidavit,  and  it  appears  to  the  satisfaction  of  the  officer  presid- 
ing at  such  hearing,  that — 

(a)  Matter  Material. — The  matter  to  which  such  witness  would 
testify  if  present  is  material. 

(b)  Diligence. — That  proper  diligence  has  been  exercised  to  procure 
his  attendance,  and  that  his  absence  is  without  procurement  or  consent 
of  the  party  on  whose  behalf  continuance  is  sought. 

(c)  Attendance  can  be  had. — That  affiant  believes  the  attendance  of 
said  witness  can  be  had  at  the  time  to  which  continuance  is  sought. 

(d)  Delay. — That  the  continuance  is  not  sought  for  mere  purposes 
of  delay. 

Rule  18.  One  Continuance  Only. — One  continuance  only  shall  be 
allowed  to  either  party  on  account  of  absence  of  witnesses,  unless  the 
party  applying  for  further  continuance  shall,  at  the  same  time,  apply 
for  order  to  take  the  testimony  of  the  alleged  absent  witnesses  by 
deposition. 

Rule  19.  When  Refused. — No  continuance  shall  be  granted  if  the 
opposite  party  shall  admit  that  the  witness,  on  account  of  whose  ab- 
sence continuance  is  desired,  would,  if  present,  testify  as  stated  in  the 
application  for  continuance. 

Continuances  on  Behalf  of  the  United  States. — Continuances  will  be 
granted  on  behalf  of  the  United  States  when  the  public  interest  re- 
quires the  same,  without  affidavit  on  the  part  of  the  Government. 

DEPOSITIONS  AND  INTERROGATORIES. 

Rule  20.  When  Taken. — Testimony  may  be  taken  by  deposition 
when  it  appears  by  affidavit  that — 

(a)  Witness  Resides  More  Than  50  Miles. — The  witness  resides  more 
than  50  miles,  by  the  usual  traveled  route,  from  the  place  of  trial. 


LAND  OFFICE  RULES.  813 

(b)  Witness  Without  or  About  to  Leave  State.— The  witness  resides 
without,  or  is  about  to  leave,  the  State  or  Territory,  or  is  absent  there- 
from. 

(c)  Witness    Unable,    or    will   Refuse   to    Attend   the    Hearing.— 

From  any  cause  it  is  apprehended  that  the  witness  may  be  unable  to, 
or  will  refuse  to,  attend  the  hearing,  in  which  case  the  deposition  will 
be  used  only  in  the  event  personal  attendance  of  the  witness  cannot 
be  obtained. 

Rule  21.    Affidavit    for    Taking    Deposition — Interrogatories. — The 

party  desiring  to  take  deposition  must  serve  upon  the  adverse  party 
and  file  with  the  register  and  receiver,  affidavit  setting  forth  the  name 
and  address  of  the  witness  and  one  or  more  of  the  above-named 
grounds  for  taking  such  deposition,  and  that  the  testimony  sought  is 
material;  which  affidavit  must  be  accompanied  by  proposed  interroga- 
tories to  be  propounded  to  the  witness. 

Rule  22.  Cross-interrogatories. — The  adverse  party  will,  within 
ten  days  after  service  of  affidavit  and  interrogatories,  as  provided  in 
the  preceding  rule,  serve  and  file  cross-interrogatories. 

Rule  23.  Commission. — After  the  expiration  of  ten  days  from  the 
service  of  affidavit  for  the  taking  of  deposition  and  direct  interroga- 
tories, commission  to  take  the  deposition  shall  be  issued  by  the  register 
and  receiver  directed  to  any  officer  authorized  to  administer  oaths 
within  the  county  where  such  deposition  is  to  be  taken,  which  commis- 
sion shall  be  accompanied  by  a  copy  of  all  interrogatories  filed. 

Notice  of  Taking  Deposition. — Ten  days'  notice  of  the  time  and  place 
of  taking  such  deposition  shall  be  given,  by  the  party  in  whose  behalf 
such  deposition  is  to  be  taken,  to  the  adverse  party. 

Rule  24.  Manner  of  Taking  Deposition. — The  officer  before  whom 
such  deposition  is  taken  shall  cause  each  interrogatory  to  be  written 
out,  and  the  answer  thereto  inserted  immediately  thereafter,  and  said 
deposition,  when  completed,  shall  be  read  over  to  the  witness  and  by 
him  subscribed  and  sworn  to  in  the  usual  manner  before  the  witness 
is  discharged,  and  said  officer  will  thereupon  attach  his  certificate  to 
said  deposition,  stating  that  the  same  was  subscribed  and  sworn  to  at 
the  time  and  place  therein  mentioned. 

Rule  25.  Return  of  Deposition. — The  deposition,  when  completed 
and  certified  as  aforesaid,  together  with  the  commission  and  interroga- 
tories, must  be  inclosed  in  a  sealed  package,  indorsed  with  the  title 
of  the  proceeding  in  which  the  same  is  taken,  and  returned  by  mail  or 
express  to  the  register  and  receiver,  who  will  indorse  thereon  the  date 
of  reception  thereof,  and  the  time  of  opening  said  deposition. 

Rule  26.  Certificate  of  Official  Character. — If  the  officer  designated 
to  take  the  deposition  has  no  official  seal,  certificate  of  his  official  char- 
acter under  seal  must  accompany  the  return  of  the  deposition. 

Rule  27.  Deposition  by  Stipulation. — Deposition  may,  by  stipula- 
tion filed  with  the  register  and  receiver,  be  taken  before  any  officer 


814 

authorized  to  administer  oaths,  and  either  by  oral  examination  or  upon 
written  interrogatories. 

Rule  28.  Testimony  Before  Commissioner. — Testimony  may,  by 
order  of  the  repfister  and  receiver  and  after  such  notice  as  they  may 
direct,  be  taken  by  deposition  before  a  United  States  commissioner,  or 
other  officer  authorized  to  administer  oaths  near  the  land  in  contro- 
versy, at  a  time  and  place  to  be  designated  in  a  notice  of  such  taking 
of  testimony.  The  officer  before  v^^hom  such  testimony  is  taken  v^rill, 
at  the  completion  of  the  taking  thereof,  cause  the  same  to  be  certified 
to,  sealed,  and  transmitted  to  the  register  and  receiver  in  the  like 
manner  as  is  provided  with  reference  to  depositions. 

Rule  29.  Charge  for  Examining  Testimony. — No  charge  will  be 
made  by  the  register  and  receiver  for  examining  testimony  taken  by 
deposition. 

Rule  30.  Fees  for  Taking  Testimony.— Officers  designated  to  take 
testimony  will  be  allowed  to  charge  such  fees  as  are  chargeable  for 
similar  services  in  the  local  courts,  the  same  to  be  taxed  in  the  same 
manner  as  costs  are  taxed  by  registers  and  receivers. 

Rule  31.  When  Officer  Designated  cannot  Act. — When  the  officer 
designated  to  take  deposition  cannot  act  at  the  time  fixed  for  taking 
the  same,  such  deposition  may  be  taken  at  the  same  time  and  place 
before  any  other  qualified  officer  designated  for  that  purpose  by  the 
officer  named  in  the  commission  or  by  agreement  of  the  parties. 

Rule  32.  Order  for  Taking  Testimony. — No  order  for  the  taking  of 
testimony  shall  be  issued  until  after  the  expiration  of  time  allowed  for 
the  filing  of  answer. 

TRIALS. 

Rule  33.  Excluding  Witnesses. — The  register  and  receiver  and 
other  officers  taking  testimony  may  exclude  from  the  trial  all  witnesses 
except  the  one  testifying  and  the  parties  to  the  proceeding. 

Rule  34.  Register  and  Receiver  to  Personally  Direct  Examination. 
The  register  and  receiver  will  be  careful  to  reach,  if  possible,  the  ex- 
act condition  and  status  of  the  land  involved  in  any  contest,  and  will 
ascertain  all  the  facts  having  any  bearing  upon  the  rights  of  parties 
in  interest ;  to  this  end  said  officers  should,  whenever  necessary,  per- 
sonally interrogate  and  direct  the  examination  of  a  witness. 

Rule  35.  Pre-emption  Cases. — In  pre-emption  cases  the  register 
and  receiver  will  particularly  ascertain  the  nature,  extent,  and  value 
of  alleged  improvements ;  by  whom  made,  and  when ;  the  true  date  of 
the  settlement  of  persons  claiming;  the  steps  taken  to  mark  and  secure 
the  claim;  and  the  exact  status  of  the  land  at  that  date  as  shown  upon 
the  records  of  their  office. 

Rule  36.  Under  Homestead  and  Other  Laws. — In  like  manner, 
under  the  homestead  and  other  laws,  the  conditions  affecting  the  in- 
ception of  the  alleged  right,  as  well  as  the  subsequent  acts  of  the 
respective  claimants,  must  be  fully  and  specifically  examined. 


LAND   OFFICE  RULES.  815 

Rule  37.  Cross-examination.— Due  opportunity  will  be  allowed 
opposing  claimants  to  cross-examine  witnesses. 

Rule  38.  Objections  to  Evidence.— Objections  to  evidence  will  be 
duly  noted,  but  not  ruled  upon,  by  the  register  and  receiver,  and  such 
objections  will  be  considered  by  the  commissioner.  Officers  before 
whom  testimony  is  taken  will  summarily  stop  examination  which  is 
obviously  irrelevant. 

Rule  39.  Testimony  to  be  Reduced  to  Writing.— At  the  time  set  for 
hearing,  or  at  any  time  to  which  the  trial  may  be  continued,  the  testi- 
mony of  all  the  witnesses  present  shall  be  taken  and  reduced  to 
writing. 

Shorthand. — When  testimony  is  taken  in  shorthand  the  stenographic 
notes  must  be  transcribed,  and  the  transcription  subscribed  by  the 
witness  and  attested  by  the  officer  before  whom  the  testimony  was 
taken :  Provided,  however.  That  w^hen  the  parties  shall,  by  stipulation, 
filed  with  the  record,  so  agree,  or  when  the  defendant  has  failed  to 
appear,  or  fails  to  participate  in  the  trial,  and  the  contestant  shall  in 
writing  so  request,  such  subscription  may  be  dispensed  with. 

Certificate. — The  transcript  of  testimony  shall,  in  all  cases,  be 
accompanied  by  certificate  of  the  officer  or  officers  before  whom  the 
same  was  taken  showing  that  each  witness  was  duly  sworn  before 
testifying,  and,  by  affidavit  of  the  stenographer  who  took  the  testi- 
mony, that  the  transcription  thereof  is  correct. 

Rule  40.  Demurrer  to  Evidence. — If  a  defendant  demurs  to  the 
sufficiency  of  the  evidence,  the  register  and  receiver  will  forthwith 
rule  thereon.  If  such  demurrer  is  overruled,  and  the  defendant  elects 
to  introduce  no  evidence,  no  further  opportunity  will  be  afforded  him 
to  submit  proofs. 

Ruling  Thereon. — When  testimony  is  taken  before  an  officer  other 
than  the  register  and  receiver,  demurrer  to  the  evidence  will  be 
received  and  noted,  but  no  ruling  made  thereon,  and  the  taking  of 
evidence  on  behalf  of  the  defendant  will  be  proceeded  with;  the 
register  and  receiver  will  rule  upon  such  demurrer  when  the  record  is 
submitted  for  their  consideration. 

Effect  of  Ruling. — If  said  demurrer  is  sustained,  the  register  and 
receiver  will  not  be  required  to  examine  the  defendant's  testimony. 
If,  however,  the  demurrer  be  overruled,  all  the  evidence  will  be  con- 
sidered and  decision  rendered  thereon. 

Joint  Report. — Upon  the  completion  of  the  evidence  in  a  contest  pro- 
ceeding, the  register  and  receiver  will  render  joint  report  and  opinion 
thereon,  making  full  and  specific  reference  to  the  posting  and  annota- 
tions upon  their  records. 

Rule  41.  New  Trial. — The  register  and  receiver  will,  in  writing, 
notify  the  parties  to  any  proceeding  of  the  conclusion  therein,  and  that 
fifteen  days  will  be  allowed  from  the  receipt  of  such  notice  to  move 
for  new  trial  upon  the  ground  of  newly  discovered  evidence,  and  that 


816  HILLYER^S  LEGAL   MANUAL. 

if  no  motion  for  new  trial  is  made,  thirty  days  will  be  allowed  from 
the  receipt  of  such  notice  within  which  to  appeal  to  the  commissioner. 

NEW  TRIAL. 

Rule  42.  Newly  Discovered  Evidence. — The  decision  of  the  register 
and  receiver  will  be  vacated  and  new  trial  granted  only  upon  the 
ground  of  newly  discovered  evidence,  in  accordance  with  the  prac- 
tice applicable  to  new  trials  in  courts  of  justice:  Provided,  however, 
That  no  such  application  shall  be  granted  except  upon  showing  that 
the  substantial  rights  of  the  applicant  have  been  injuriously  affected. 

No  Appeal  from  Order  Granting  New  Trial. — No  appeal  will  be 
allowed  from  an  order  granting  new  trial,  but  the  register  and  receiver 
will  proceed  at  the  earliest  practicable  time  to  retry  the  case,  and  will, 
so  far  as  possible,  use  the  testimony  theretofore  taken  without  re- 
examination of  same  witnesses,  confining  the  taking  of  testimony  to 
the  newly  discovered  evidence. 

Rule  43.  Notice  of  Motion  for  New  Trial. — Notice  of  motion  for 
new  trial,  setting  forth  the  grounds  thereof,  and  accompanied  by 
copies  of  all  papers  not  alread}^  on  file  to  be  used  in  support  of  such 
motion,  shall  be  served  upon  the  adverse  party,  and,  together  with 
proof  of  service,  filed  with  the  register  and  receiver  not  more  than 
fifteen  days  after  notice  of  decision;  the  adverse  party  shall,  within 
ten  days  after  such  notice,  serve  and  file  affidavits  or  other  papers  to 
be  used  by  him  in  opposition  to  such  motion. 

Rule  44.  Review  of  Decision  Thereof. — Motions  for  new  trial  will 
not  be  considered  or  decided  in  the  first  instance  by  the  commissioner 
or  the  Secretary  of  the  Interior,  or  otherwise  than  on  review  of  the 
decision  thereof  by  the  register  and  receiver. 

Rule  45.  Letter  of  Transmittal. — If  motion  for  new  trial  is  not 
made,  or  if  made  and  not  allowed,  the  register  and  receiver  will,  at  the 
expiration  of  the  time  for  appeal,  promptly  forward  the  same,  with  the 
testimony  and  all  papers  in  the  case,  to  the  commissioner,  with  letter 
of  transmittal,  describing  the  case  by  its  title,  nature  of  the  contest, 
and  the  land  involved. 

The  local  officers  will  not,  after  forwarding  of  decision,  as  above 
provided,  take  further  action  in  the  case  unless  so  instructed  by  the 
commissioner. 

FINAL  PROOF  PENDING  CONTEST. 

Rule  46.  Where  Trial  has  Taken  Place. — Where  trial  of  a  contest 
brought  against  any  entry  or  filing  has  taken  place,  the  entryman  may 
submit  final  proof  and  complete  the  same,  with  the  exception  of  pay- 
ment of  the  purchase  money  or  commission,  as  the  case  may  be;  such 
final  proof  will  be  retained  in  the  local  ofiice,  and,  should  the  entry  be 
adjudged  valid,  will,  if  satisfactory,  be  accepted  upon  payment  of  the 
purchase  money  or  commissions,  and  final  certificate  will  issue  without 
further  action  on  the  part  of  the  entryman,  except  the  furnishing  by 


LAND  OFFICE  RULES.  817 

him,  or  in  case  of  his  death  by  his  legal  representatives,  of  nonaliena- 
tion  affidavit. 

Fees  for  Reducing  Testimony  to  Writing. — In  such  cases  the  party 
making  the  proof  will  at  the  time  of  submitting  same  be  required  to 
pay  the  fees  for  reducing  the  testimony  to  writing. 

APPEALS  TO  COMMISSIONER. 

Rule  47.  Notice  Thereof. — No  appeal  from  the  action  or  decision  of 
the  register  and  receiver  will  be  considered  unless  notice  thereof  is 
served  and  filed  with  the  local  officers  in  the  manner  and  within  the 
time  specified  in  these  rules. 

Rule  48.  How  Served  and  Filed. — Notice  of  appeal  from  the  de- 
cision of  the  register  and  receiver  shall  be  served  and  filed  with  such 
register  and  receiver  within  thirty  days  after  receipt  of  notice  of 
decision:  Provided,  however,  That  when  motion  for  new  trial  is  pre- 
sented and  denied,  notice  of  such  appeal  shall  be  served  within  fifteen 
days  after  receipt  of  notice  of  the  denial  of  said  motion. 

Rule  49.  Who  may  not  Appeal. — No  person  w^ho  has  failed  to  an- 
swer the  contest  affidavit,  or,  having  answered,  has  failed  to  appear  at 
the  hearing,  shall  be  allowed  an  appeal  from  the  final  action  or  decision 
of  the  register  and  receiver. 

Rule  50.  Contents  of  Notice. — Such  notice  of  appeal  must  be  in 
writing,  and  set  forth  in  clear,  concise  language  the  grounds  of  the 
appeal;  if  such  appeal  be  taken  upon  the  ground  of  insufficiency  of 
the  evidence  to  justify  the  decision,  the  particulars  of  such  insufficiency 
must  be  specifically  set  forth  in  the  notice,  and,  if  error  of  law  is  urged 
as  a  ground  for  such  appeal,  the  alleged  error  must  be  likewise 
specified. 

Failure  to  Serve  and  File  Notice  of  Appeal. — ^Upon  failure  to  serve 
and  file  notice  of  appeal  as  herein  provided  the  case  will  be  closed. 

Rule  51.  Failure  to  Move  or  Appeal  in  Time. — When  any  party 
fails  to  move  for  a  new  trial  or  to  appeal  from  the  decision  of  the 
register  and  receiver  within  the  time  specified,  such  decision  shall,  as 
to  such  party,  be  final  and  will  not  be  disturbed  except  in  case  of — 

(a)  Fraud  or  gross  irregularity. 

(b)  Disagreement  in  the  decision  between  the  register  and  receiver. 
No  case  will  be  remanded  for  any  defect  which  does  not  materially 

affect  the  aggrieved  party. 

Rule  52.  Custody  of  Papers. — All  documents  received  by  the  local 
officers  must  be  kept  on  file  and  the  date  of  filing  noted  thereon;  no 
papers  will,  under  any  circumstances,  be  removed  from  the  files  or 
from  the  custody  of  the  register  and  receiver,  but  access  to  the  same, 
under  proper  regulations,  and  so  as  not  to  interfere  with  transaction 
of  public  business,  will  be  permitted  to  the  parties  or  their  attorneys. 
52 


818 

COSTS  AND  APPORTIONMENT  THEREOF. 

Rule  53.  Who  must  Pay. — A  contestant  claiming  preference  right 
of  entry  under  the  second  section  of  the  act  of  May,  14,  1880  (21  Stat. 
140),  must  pay  the  costs  of  contest;  in  other  cases  each  party  must 
pay  the  cost  of  taking  the  direct  examination  of  his  own  witnesses  and 
the  cross-examination  on  his  behalf  of  other  witnesses.  The  cost  of 
noting  motions,  objections,  and  exceptions  must  be  paid  by  the  party 
on  whose  behalf  the  same  are  made. 

Rule  54.  Accumulation  of  Costs. — Accumulation  of  excessive  costs 
will  not  be  permitted.  When  the  officer  before  whom  testimony  is 
being  taken  shall  rule  that  a  course  of  examination  is  irrelevant,  the 
same  will  not  proceed  except  at  the  sole  cost  of  the  party  insisting 
thereon  and  upon  his  depositing  the  amount  reasonably  sufficient  to 
pay  therefor. 

Rule  55.  Where  Party  Contesting  Establishes  Right  of  Entry  With- 
out Reference  to  Act  of  May,  1880. — Where  a  party  contesting  a  claim 
shall  by  virtue  of  actual  settlement  and  improvement  establish  his 
right  of  entry  of  the  land  in  contest  under  the  pre-emption,  home- 
stead, or  desert-land  laws  by  virtue  of  settlement  and  improvement 
without  reference  to  the  act  of  May  14,  1880,  the  costs  of  contest  will 
be  imposed  as  prescribed  in  the  second  clause  of  Rule  53. 

Rule  56.  Contest  Fees  or  Costs  Allowed. — The  only  costs  of  contest 
chargeable  by  registers  and  receivers  are  the  legal  fees  for  reducing 
testimony  to  writing.  No  other  contest  fees  or  costs  will  be  allowed 
to  or  charged  by  those  officers,  directly  or  indirectly. 

Rule  57.  Security  for  Costs. — Registers  and  receivers  may  at  any 
time  require  either  party  to  give  security  for  costs,  including  expense 
of  taking  and  transcribing  testimony. 

Rule  58.  Excess. — Upon  the  filing  of  the  transcript  of  the  testi- 
mony in  the  local  office,  any  excess  in  the  sum  deposited  as  security 
for  costs  of  transcribing  testimony  will  be  returned  to  the  parties  de- 
positing the  same. 

Rule  59.  Hearings  on  Behalf  of  Government. — When  hearings  are 
ordered  on  behalf  of  the  Government,  all  costs  incurred  on  its  behalf 
will  be  paid  from  the  proper  appropriation,  and  when,  upon  the  dis- 
covery of  reason  for  suspension  in  the  usual  course  of  examination  of 
entries  and  contest,  hearings  are  ordered  between  contending  parties, 
the  costs  will  be  paid  as  required  by  Rule  53.- 

Rule  60.  When  Collected. — The  costs  provided  for  by  the  preceding 
rules  will  be  collected  by  the  receiver  when  the  parties  are  brought 
before  him  in  obedience  to  the  order  for  hearing. 

Rule  61.  Statement  of  Costs. — The  receiver  will  append  to  the 
report  in  each  case  a  statement  of  costs,  the  amount  actually  paid  by 
each  of  the  parties,  and  the  disposition  thereof. 

Rule  62.  Papers  by  Whom  Prepared. — All  notices  and  other  papers 
not  required  to  be  served  by  the  register  and  receiver  must  be  pre- 
pared and  served  by  the  respective  parties. 


LAND  OFFICE  RULES.  819 

Rule  63. — Provision  for  Notices. — The  register  and  receiver  will  re- 
quire proper  provision  to  be  made  for  such  notices  not  specifically  pro- 
vided for  in  these  rules  as  may  become  necessary  in  the  usual  progress 
of  the  case  to  final  decision. 

APPEAL     FROM     DECISION     REJECTING     APPLICATION     TO 
ENTER   PUBLIC   LANDS. 

Rule  64.  Duties  of  Local  Officers. — To  facilitate  appeals  from  the 
action  of  local  officers  relative  to  applications  to  file,  enter,  or  locate 
upon  the  public  lands,  the  register  and  receiver  will — 

(a)  Indorse  upon  every  rejected  application  the  date  of  presenta- 
tion and  reasons  for  rejection. 

(b)  Promptly  advise  the  party  in  interest  of  their  action  and  of  his 
right  of  appeal. 

(c)  Note  upon  their  records  a  memorandum  of  the  transaction. 

Rule  65.  Notice  of  Appeal. — The  party  agrieved  will  be  allowed 
thirty  days  from  receipt  of  notice  in  which  to  file  notice  of  appeal  in 
the  local  land  office.  The  notice  of  appeal,  when  filed,  will  be  for- 
warded to  the  General  Land  Office  with  full  report  upon  the  case, 
which  should  recite  all  the  facts  and  proceedings  had,  and  must  em- 
brace the  following  particulars: 

(a)  The  original  application,  with  reasons  for  the  rejection  thereof. 

(b)  Description  of  the  tract  involved  and  statement  of  its  status, 
as  shown  by  the  records  of  the  local  office. 

(c)  Reference  to  all  entries,  filings,  annotations,  memorandum,  and 
correspondence  shown  by  the  record  relating  to  said  tract  and  to  the 
proceedings  had. 

II. 

PROCEEDINGS  BEFORE  SURVEYORS  GENERAL. 

Rule  66.  Notices,  Depositions,  and  Other  Matters. — The  proceed- 
ings in  hearings  and  contests  before  surveyors  general  shall,  as  to 
notices,  depositions,  and  other  matters,  be  governed  as  nearly  as  may 
be  by  the  rules  prescribed  for  proceedings  before  registers  and  receiv- 
ers, unless  otherwise  provided  by  law. 

III. 
PROCEEDINGS   BEFORE   THE   COMMISSIONER   OF   THE   GEN- 
ERAL LAND  OFFICE  AND  SECRETARY  OF  THE  INTERIOR. 

EXAMINATION  AND  ARGUMENT. 

Rule  67.  Notice  of  Order  or  Decision. — The  commissioner  will 
cause  notice  to  be  given  to  each  party  in  interest  whose  address  is 
known  of  any  order  or  decision  affecting  the  merits  of  the  case  or  the 
regular  order  of  proceedings  therein. 

Rule  68.  Additional  Evidence.— No  additional  evidence  will  be  ad- 
mitted or  considered  by  the  commissioner  unless  offered  under  stipu- 


820 

lations  of  the  parties  or  in  support  of  a  mineral  application  or  protest ; 
provided,  however,  that  the  commissioner  may  order  further  investi- 
gation made  or  evidence  submitted  upon  particular  matters  to  be  by 
him  specifically  designated. 

Ex  Parte  Statements. — Affidavits  or  other  ex  parte  statements  filed 
in  the  office  of  the  commissioner  will  not  be  considered  in  finally  deter- 
mining any  controversy  upon  the  merits. 

Rule  69.  Summary  Action. — After  receipt  of  the  record  by  the 
commissioner  thirty  days  will  be  allowed  to  expire  before  any  action 
is  taken  thereon,  unless,  in  the  judgment  of  the  commissioner,  public 
policy  or  private  necessity  shall  require  summary  action,  in  which 
event  he  will  proceed  at  his  discretion,  first  notifying  the  attorneys 
of  record  of  his  intention  so  to  do ;  provided,  that  where  no  appeal 
has  been  filed  the  case  may  be  immediately  considered  and  disposed 
of. 

Rule  70.  Argument. — If  brief  is  not  filed  before  a  case  is  reached 
in  its  order  for  examination,  the  argument  will  be  considered  closed, 
and  no  further  argument  or  motion  of  any  kind  will  be  entertained, 
except  upon  application  and  .upon  good  cause  appearing  to  the  com- 
missioner therefor. 

Rule  71.  Oral  Argument. — In  the  discretion  of  the  commissioner, 
oral  argument  may  be  presented,  at  a  time  to  be  fixed  by  him  and 
upon  notice  to  opposing  counsel,  which  notice  shall  specify  the  time 
for  such  argument  and  the  specific  matter  to  be  discussed.  Except  as 
herein  provided,  oral  hearings  or  suggestions  will  not  be  allowed. 

REHEARINGS. 

Rule  72.  Motion  for  Rehearing. — No  motion  for  rehearing  of  any 
decision  rendered  by  the  Commissioner  of  the  General  Land  Office  will 
be  allowed. 

MOTIONS. 

Rule  73.    No  Motion  Entertained  After  Record  Transmitted. — No 

motion  shall  be  entertained  or  considered  in  any  case  after  the  record 
has  been  transmitted  to  a  reviewing  officer. 

Appeal  in  Ex  Parte  Cases. — In  ex  parte  cases,  where  the  entryman 
has  been  allowed  by  the  commissioner  to  furnish  additional  evidence 
or  to  show  cause,  or,  in  the  alternative,  to  appeal,  both  the  evidence 
or  showing  and  the  appeal  are  filed,  the  commissioner  shall  pass  upon 
the  evidence  or  showing  submitted,  and,  if  found  sufficient,  note  the 
appeal  as  closed.  If  such  evidence  or  showing  be  found  insufficient, 
the  appeal  will  be  forwarded  to  the  Secretary  as  in  other  cases. 

APPEAL  FROM  THE  COMMISSIONER  TO  THE  SECRETARY. 

Rule  74.  Appeal  to  Secretary  of  the  Interior. — Except  as  herein 
otherwise  provided,  an  appeal  may  be  taken  to  the  Secretary  of  the 


LAND  OFFICE  RULES.  821 

Interior  from  the  final  decision  of  the  commissioner  in  any  proceeding 
relating  to  the  disposal  of  the  public  lands  and  private  claims. 

Rule  75.  Where  Paxty  Affected  Failed  to  Appeal  from  Decision 
of  Local  Officers. — No  appeal  shall  be  had  from  the  action  of  the  com- 
missioner affirming  the  decision  of  the  local  officers  in  any  case  where 
the  party  adversely  affected  shall  have  failed  to  appeal  from  the  de- 
cision of  said  local  officers. 

Rule  76.  Notice  of  Appeal  from  Commissioner's  Decision. — Notice 
of  appeal  from  the  commissioner's  decision  must  be  served  upon  the 
adverse  party  and  filed  in  the  office  of  the  register  and  receiver  or  in 
the  General  Land  Office  within  thirty  days  from  the  date  of  service 
of  notice  of  such  decision. 

Rule  77.  Defective  Appeal. — When  the  commissioner  considers  an 
appeal  defective  he  will  notify  the  party  thereof ;  and  if  the  defect  be 
not  cured  within  fifteen  days  from  the  date  of  receipt  of  such  notice, 
the  appeal  may  be  dismissed  and  the  case  closed. 

Rule  78.  Order  Directing  Conmiissioner  to  Certify  Proceedings. — 
In  proceedings  before  the  commissioner  in  which  he  shall  decide  that 
a  party  has  no  right  to  appeal  to  the  Secretary,  such  party  may  apply 
to  the  secretary  for  an  order  directing  the  commissioner  to  certify  said 
proceedings  to  the  Secretary  and  suspend  action  until  the  Secretary 
shall  pass  upon  the  same;  such  application  shall  be  in  writing,  under 
oath,  and  fully  and  specifically  set  forth  the  grounds  upon  which  the 
same  is  made. 

Rule  79.  Suspense  of  Action  After  Decision. — When  the  commis- 
sioner shall  decide  against  the  right  of  appeal  he  will  suspend  action 
on  the  case  for  twenty  days  from  service  of  notice  of  such  decision  to 
enable  the  party  against  whom  the  decision  is  rendered  to  apply  to  the 
Secretary  for  an  order  certifying  the  record  as  hereinabove  provided. 

Rule  80.  Briefs. — The  appellant  will  be  allowed  twenty  days  after 
service  of  notice  of  appeal  within  which  to  serve  and  file  brief  and 
specification  of  error,  as  provided  by  rule  50,  the  adverse  party  twenty 
days  after  service  of  such  within  which  to  serve  and  file  reply  thereto ; 
appellant  will  be  allowed  ten  days  after  service  of  such  reply  within 
which  to  serve  and  file  response :  Provided,  however,  That  if  either 
party  is  not  represented  by  counsel  having  offices  in  the  city  of  Wash- 
ington, ten  days  in  addition  to  each  period  above  specified  will  be 
allowed  within  which  to  serve  and  file  the  respective  briefs. 

No  arguments  otherwise  than  above  provided  shall  be  made  or  filed 
without  permission  of  the  Secretary  or  commissioner  granted  upon  no- 
tice to  the  adverse  party. 

Rule  81.  Printed  Arguments  Preferred. — Examination  of  cases  will 
be  facilitated  by  filing  arguments  in  printed  form. 


822  hillyer's  legal  manual. 

ORAL  ARGUMENTS  BEFORE  THE   SECRETARY. 

Rule  82.  Oral  Argument. — Oral  argument  in  any  case  pending  be- 
fore the  Secretary  of  the  Interior  will  be  allowed,  on  motion,  in  the 
discretion  of  the  Secretary,  at  a  time  to  be  fixed  by  him,  after  notice 
to  the  parties.  The  counsel  for  each  party  will  be  allowed  only  one- 
half  an  hour,  unless  an  extension  of  time  is  ordered  before  the  argu- 
ment begins. 

REHEARING  OF  SECRETARY'S  DECISION. 

Rule  83.  Motion  for  Rehearing. — A  motion  for  rehearing  of  a  cause 
by  the  Secretary  of  the  Interior,  together  with  all  papers  used  in  con- 
nection therewith,  must  be  in  writing,  and  must,  together  with 
evidence  of  service  thereof  on  the  adverse  party,  be  filed  with  the  Sec- 
retary of  the  Interior  within  thirty  days  after  service  of  notice  of  the 
decision  in  said  cause. 

Argument  in  Support. — Said  motion  must  state  concisely  and  spe- 
cifically the  grounds  upon  which  such  rehearing  is  asked  and  may  be 
accompanied  by  written  argument  in  support  thereof.  No  matters 
other  than  those  specified  will  be  considered. 

Reply  to  Motion. — The  adverse  party  will  be  allowed  fifteen  days 
after  the  service  of  the  motion  upon  him  in  which  to  serve  and  file 
with  the  Secretary  of  the  Interior  a  reply  to  the  motion. 

Transmission  of  Record. — In  case  no  such  motion  be  filed  within  the 
period  above  prescribed,  the  record  will  at  once  be  transmitted  to  the 
Commissioner  of  the  General  Land  Office  for  execution  of  the  judgment 
of  the  Secretary.  Like  action  will  be  taken  immediately  after  the 
judgment  of  the  Secretary  on  any  motion  for  rehearing. 

Argument. — No  oral  argument  will  be  allowed  on  any  such  motion, 
and  this  rule  will  be  strictly  adhered  to.  If  the  motion  be 
granted,  the  Secretary  will  at  once  proceed  to  dispose  of  the  case, 
or,  in  his  discretion,  if  the  motion,  or  the  reply  thereto,  has  been  ac- 
companied by  a  request  for  oral  argument  in  the  event  of  its  being 
granted,  will  set  the  cause  down  for  oral  argument.  In  any  case,  how- 
ever, if  the  motion  be  granted,  the  Secretary  may  set  the  cause  down 
for  oral  argument. 

Judgment  When  Effective. — Nothing  in  this  rule,  however,  shall  pre- 
vent any  judgment  or  order  of  the  Secretary  on  appeal  from  becoming 
effective,  in  whole  or  in  part,  immediately  or  at  any  other  time  when 
and  as  directed  in  the  judgment  or  order. 

MOTIONS  FOR  REVIEW  AND  REREVIEW. 

Rule  84.  Abolished. — Motions  for  review  and  rereview  are  hereby 
abolished. 

SUPERVISORY  POWER  OF  SECRETARY. 

Rule  85.  Motion  for  Exercise  of  Supervisory  Power. — Motion  for 
the  exercise  of  supervisory  power  will  be  considered  only  when  accom- 


LAND   OFFICE  RULES.  823 

panied  by  positive  showing  of  extraordinary  emergency  or  exigency 
demanding  the  exercise  of  such  authority. 

Rules. — In  proceedings  before  the  Secretary  of  the  Interior  the  same 
rules  shall  govern,  in  so  far  as  applicable,  as  are  provided  for  proceed- 
ings before  the  Commissioner  of  the  General  Land  Office. 

Rule  86.  Construction  of  Rules. — No  rule  here  prescribed  vshall  be 
construed  to  deprive  the  Secretary  of  the  Interior  of  any  direct  or 
supervisory  power  conferred  upon  him  by  law. 

ATTORNEYS. 

Rule  87.  Oath. — Every  attorney  before  practicing  before  the  De- 
partment of  the  Interior  must  first  file  the  oath  prescribed  by  section 
3478  of  the  Revised  Statutes. 

Rule  88.  Authority  of  Attorney. — In  all  cases  where  any  party  is 
represented  by  attorney  such  attorney  will  be  recognized  as  fully  con- 
trolling the  same  on  behalf  of  his  client,  and  service  of  any  notice  or 
other  paper  relating  to  such  proceedings  upon  such  attorney  will  be 
deemed  notice  to  the  party  in  interest. 

Where  Party  Represented  by  More  Than  One  Attorney. — ^Where  a 
party  is  represented  by  more  than  one  attorney  service  of  notice  or 
other  papers  upon  one  of  said  attorneys  shall  be  sufficient. 

Rule  89.  Name  and  Postoffice  Address. — No  person  hereafter  ap- 
pearing as  a  party  or  attorney  in  any  case  shall  be  entitled  to  notice  of 
any  proceeding  therein  who  does  not,  at  the  time  of  appearance,  file 
in  the  office  in  which  the  case  is  pending  a  statement  showing  his  name 
and  postoffice  address  and  the  name  and  postoffice  address  of  the  party 
whom  he  represents. 

Rule  90.  Attorney  Allowed  to  Consult  Records. — Any  attorney  in 
good  standing  employed,  and  whose  appearance  is  regularly  entered 
in  any  case  pending  before  the  department,  will  be  allowed  full  oppor- 
tunity to  consult  the  records  therein,  together  with  abstracts,  field- 
notes,  tract-books,  and  correspondence  which  is  not  deemed  privileged 
and  confidential. 

Rule  91.  Inquiries  Directed  to  Employee. — ^A^erbal  or  other  inquiries 
by  parties  or  counsel  directed  to  any  employee  of  the  department, 
except  the  commissioner,  assistant  commissioner,  or  chief  of  division 
of  the  General  Land  Office,  or  the  Secretary  and  Assistant  Secretary, 
the  Assistant  Attorney  General,  or  the  first  assistant  attorney  in  the 
offices  of  the  Secretary  of  the  Interior,  or  with  the  consent  of  one  or 
more  of  said  officers,  is  expressly  forbidden. 

Rule  92.  Abuse  of  Privilege. — Abuse  of  the  privilege  of  examining 
records  of  the  department  or  violation  of  the  foregoing  rule  by  any 
attorney  will  be  treated  as  sufficient  cause  for  institution  of  disbar- 
ment proceedings. 

SERVICE  OF  NOTICES. 

Rule  94.  Time. — Fifteen  days,  exclusive  of  the  day  of  mailing,  will 
be  allowed  for  the  transmission  of  notice  or  other  papers  by  mail  from 


824 

the  General  Land  Office,  except  in  case  of  notice  of  resident  attorneys, 
in  which  case  one  day  will  be  allowed. 

How  Computed. — In  computing  time  for  service  of  papers  under 
these  rules  of  practice  the  first  day  shall  be  excluded  and  the  last  day 
included ;  provided,  however,  that  where  the  last  day  falls  on  Sunday 
or  a  legal  holiday,  such  time  shall  include  the  next  following  business 
day. 

Rule  95.  Proof  of  Service  of  Notice. — Notice  of  all  motions  and  pro- 
ceedings before  the  commissioner  or  Secretary  shall  be  served  upon 
parties  or  counsel  personally  or  by  registered  mail,  and  no  motion  will 
be  entertained  except  on  proof  of  service  of  notice  thereof. 

Rule  96.  Ex  parte  Proceedings. — Ex  parte  proceedings  and  proceed- 
ings in  which  the  adverse  party  does  not  appear  will,  as  to  notice  of 
decision,  time  for  appeal,  and  filing  of  exceptions  and  arguments,  be 
governed  by  the  rules  prescribed  in  other  cases,  so  far  as  the  same  are 
applicable.  In  such  cases  the  commissioner  or  Secretary  may,  pursu- 
ant to  application  and  upon  good  cause  being  shown  therefor,  permit 
additional  evidence  to  be  presented  for  the  purpose  of  curing  defects 
in  the  proofs  of  record. 

INTERVENTION. 

Rule  97.  Application. — No  person  shall  be  allowed  to  intervene  in 
any  case  except  upon  application  therefor,  under  oath,  showing  his  in- 
terest therein. 

These  Rules  of  Practice  will  be  effective  on  and  after  February  1, 
1911. 


PUBLIC    UTILITIES    LAW— CONSTITUTIONAL 
PROVISIONS. 

(Constitution,  Art.  XII.) 
§  17.  Common  Carriers. — All  railroad,  canal,  and  other  transporta- 
tion companies  are  declared  to  be  common  carriers,  and  subject  to  legis- 
lative control.  Any  association  or  corporation,  organized  for  the 
purpose,  under  the  laws  of  this  State,  shall  have  the  right  to  connect 
at  the  State  line  with  railroads  of  other  States.  Every  railroad  com- 
pany shall  have  the  right  with  its  roads  to  intersect,  connect  with,  or 
cross  any  other  railroad,  and  shall  receive  and  transport  each  the 
other's  passengers,  tonnage,  and  cars,  without  delay  or  discrimination. 

§  18.  Limit  on  Interest  of  an  Officer  or  Agent. — No  president, 
director,  officer,  agent  or  employee  of  any  railroad  or  canal  company 
shall  be  interested,  directly  or  indirectly,  in  the  furnishing  of  material 
or  supplies  to  such  company,  nor  in  the  business  of  transportation  as  a 
common  carrier  of  freight  or  passengers  over  the  works  OAvned,  leased, 
controlled,  or  worked  by  such  company,  except  such  interest  in  the 
business  of  transportation  as  lawfully  flows  from  the  ownership  of 
stock  therein. 


PUBLIC  UTILITIES.  825 

§  19.  Public  Officers  not  to  Receive  Passes. — No  railroad  or  other 
transportation  company  shall  grant  free  passes,  or  passes  or  tickets  at 
a  discount,  to  any  person  holding  any  office  of  honor,  trust,  or  profit  in 
this  State ;  and  the  acceptance  of  any  such  pass  or  ticket,  by  a  member 
of  the  legislature  or  any  public  officer,  other  than  Railroad  Commis- 
sioner, shall  work  a  forfeiture  of  his  office. 

§  20.    Railroads  or  Other  Common  Carriers — Increase  of  Rates  by. 

No  railroad  or  other  transportation  company  shall  raise  any  rate  of 
charge  for  the  transportation  of  freight  or  passengers  or  any  charge 
connected  therewith  or  incidental  thereto,  under  any  circumstances 
whatsoever,  except  upon  a  showing  before  the  railroad  commission  pro- 
vided for  in  this  Constitution,  that  such  increase  is  justified,  and  the 
decision  of  the  said  commission  upon  the  showing  so  made  shall  not  be 
subject  to  review  by  any  court  except  upon  the  question  whether  such 
decision  of  the  commission  will  result  in  confiscation  of  property. 
(Amendment  adopted  October  19,  1911.) 

§  21.  Railroads  and  Other  Transportation  Companies — Discrimina- 
tion Forbidden. — No  discrimination  in  charges  or  facilities  for  trans- 
portation shall  be  made  by  any  railroad  or  other  transportation 
company  between  places  or  persons,  or  in  the  facilities  for  the  trans- 
portation of  the  same  classes  of  freight  or  passengers  within  this 
State.  It  shall  be  unlawful  for  any  railroad  or  other  transportation 
company  to  charge  or  receive  any  greater  compensation  in  the  aggre- 
gate for  the  transportation  of  passengers  or  of  like  kind  of  property 
for  a  shorter  than  for  a  longer  distance  over  the  same  line  or  route 
in  the  same  direction,  the  shorter  being  included  within  the  longer 
distance,  or  to  charge  any  greater  compensation  as  a  through  rate  than 
the  aggregate  of  the  intermediate  rates.  Provided,  however,  that  upon 
application  to  the  Railroad  Commission  provided  for  in  this  Constitu- 
tion such  company  may,  in  special  cases,  after  investigation,  be  author- 
ized by  such  commission  to  charge  less  for  longer  than  for  shorter 
distances  for  the  transportation  of  persons  or  "property  and  the  Rail- 
road Commission  may  from  time  to  time  prescribe  the  extent  to  which 
such  company  may  be  relieved  from  the  prohibition  to  charge  less  for 
the  longer  than  for  the  shorter  haul.  The  Railroad  Commission  shall 
have  power  to  authorize  the  issuance  of  excursion  and  commutation 
tickets  at  special  rates.  Nothing  herein  contained  shall  be  construed 
to  prevent  the  Railroad  Commission  from  ordering  and  compelling  any 
railroad  or  other  transportation  company  to  make  reparation  to  any 
shipper  on  account  of  the  rates  charged  to  said  shipper  being  excessive 
or  discriminatory,  provided  no  discrimination  will  result  from  such 
reparation.     (Amendment  adopted  October  10,  1911.) 

§  22.  Railroad  Commission,  Powers  and  Duties. — There  is  hereby 
created  a  Railroad  Commission  which  shall  consist  of  five  members  and 
which  shall  be  known  as  the  Railroad  Commission  of  the  State  of 
California.  The  commission  shall  be  appointed  by  the  governor  from 
the  State  at  large ;  provided,  that  the  legislature,  in  its  discretion,  may 


826  hillyer's  legal  manual. 

divide  the  State  into  districts  for  the  purpose  of  such  appointments, 
said  districts  to  be  as  nearly  equal  in  population  as  practicable ;  and 
provided  further  that  the  three  commissioners  in  office  at  the  time  this 
section  takes  effect  shall  serve  out  the  term  for  which  they  were  elected, 
and  that  two  additional  commissioners  shall  be  appointed  by  the 
grovernor  immediately  after  the  adoption  of  this  section,  to  hold  office 
during  the  same  term.  Upon  the  expiration  of  said  term,  the  term  of 
office  of  each  commissioner  thereafter  shall  be  six  years,  except  the 
commissioners  first  appointed  hereunder  after  such  expiration,  one 
of  whom  shall  be  appointed  to  hold  office  until  January  1,  1917,  two 
until  January  1,  1919,  and  two  until  January  1,  1921.  Whenever  a 
vacancy  in  the  office  of  commissioner  shall  occur,  the  governor  shall 
forthwith  appoint  a  qualified  person  to  fill  the  same  for  the  unexpired 
term.  Commissioners  appointed  for  regular  terms  shall,  at  the  begin- 
ning of  the  term  for  which  they  are  appointed,  and  those  appointed 
to  fill  vacancies,  shall,  immediately  upon  their  appointment,  enter  upon 
the  duties  of  their  offices.  The  legislature  shall  fix  the  salaries  of  the 
commissioners,  but  pending  such  action  the  salaries  of  the  commis- 
sioners, their  officers  and  employees  shall  remain  as  now  fixed  by  law. 
The  legislature  shall  have  the  power,  by  a  two-thirds  vote  of  all  mem- 
bers elected  to  each  house,  to  remove  any  one  or  more  of  said 
commissioners  from  office  for  dereliction  of  duty  or  corruption  or 
incompetency.  All  of  said  commissioners  shall  be  qualified  electors  of 
this  State,  and  no  person  in  the  employ  of  or  holding  any  official  rela- 
tion to  any  person,  firm  or  corporation,  which  said  person,  firm  or 
corporation  is  subject  to  regulation  by  said  Kailroad  Commission  and 
no  person  owning  stock  or  bonds  of  any  such  corporation  or  who  is  in 
any  manner  pecuniarily  interested  therein,  shall  be  appointed  to  or 
hold  the  office  of  railroad  commissioner.  No  vacancy  in  the  commis- 
sion shall  impair  the  right  of  the  remaining  commissioners  to  exercise 
all  the  powers  of  the  commission.  The  act  of  a  majority  of  the  com- 
missioners when  in  session  as  a  board  shall  be  deemed  to  be  the  act  of 
the  commission;  but  any  investigation,  inquiry  or  hearing  which  the 
commission  has  powder  to  undertake  or  to  hold  may  be  undertaken  or 
held  by  or  before  any  commissioner  designated  for  the  purpose  by  the 
commission,  and  every  order  made  by  a  commissioner  so  designated, 
pursuant  to  such  inquiry,  investigation  or  hearing,  when  approved  or 
confirmed  by  the  commission  ordered  filed  in  its  office,  shall  be  deemed 
to  be  the  order  of  the  commission. 

Said  commission  shall  have  the  power  to  establish  rates  of  charges 
for  the  transportation  of  passengers  and  freight  by  railroads  and  other 
transportation  companies,  and  no  railroad  or  other  transportation  com- 
pany shall  charge  or  demand  or  collect  or  receive  a  greater  or  less  or 
different  compensation  for  such  transportation  of  passengers  or  freight, 
or  for  any  service  in  connection  therewith,  between  the  points  named 
in  any  tariff  of  rates,  established  by  said  commission  than  the  rates, 
fares  and  charges  which  are  specified  in  such  tariff.  The  commission 
shall  have  the  further  power  to  examine  books,  records  and  papers  of 


PUBLIC  UTILITIES.  827 

all  railroad  and  other  transportation  companies ;  to  hear  and  determine 
complaints  against  railroad  and  other  transportation  companies;  to 
issue  subpoenas  and  all  necessary  process  and  send  for  persons  and 
papers;  and  the  commission  and  each  of  the  commissioners  shall  have 
the  power  to  administer  oaths,  take  testimony  and  punish  for  con- 
tempt in  the  same  manner  and  to  the  same  extent  as  courts  of  record; 
the  commission  may  prescribe  a  uniform  system  of  accounts  to  be  kept 
by  all  railroad  and  other  transportation  companies. 

No  provision  of  this  Constitution  shall  be  construed  as  a  limitation 
upon  the  authority  of  the  legislature  to  confer  upon  the  Railroad 
Commission  additional  powers  of  the  same  kind  or  different  from  those 
conferred  herein  which  are  not  inconsistent  with  the  powers  conferred 
upon  the  Railroad  Commission  in  this  Constitution,  and  the  authority 
of  the  legislature  to  confer  such  additional  powers  is  expressly  declared 
to  be  plenary  and  unlimited  by  any  provision  of  this  Constitution. 

The  provisions  of  this  section  shall  not  be  construed  to  repeal  in 
whole  or  in  part  any  existing  law  not  inconsistent  herewith,  and  the 
*' Railroad  Commission  Act"  of  this  State  approved  February  10,  1911, 
shall  be  construed  with  reference  to  this  constitutional  provision  and 
any  other  constitutional  provision  becoming  operative  concurrently 
herewith.  And  the  said  act  shall  have  the  same  force  and  effect  as 
if  the  same  had  been  passed  after  the  adoption  of  this  provision  of  the 
Constitution  and  of  all  other  provisions  adopted  concurrently  herewith, 
except  that  the  three  commissioners  referred  to  in  said  act  shall  be  held 
and  construed  to  be  the  five  commissioners  provided  for  herein. 
(Amendment  adopted  October  10,  1911.) 

§  23.  Public  Utilities — Supervision  and  Regulation  of. — Every  pri- 
vate corporation,  and  every  individual  or  association  of  individuals, 
owning,  operating,  managing,  or  controlling  any  commercial  railroad, 
interurban  railroad,  street  railroad,  canal,  pipe-line,  plant,  or  equip- 
ment, or  any  part  of  such  railroad,  canal,  pipe-line,  plant  or  equipment 
within  this  State,  for  the  transportation  or  conveyance  of  passengers, 
or  express  matter,  or  freight  of  any  kind,  including  crude  oil,  or  for 
the  transmission  of  telephone  or  telegraph  messages,  or  for  the  pro- 
duction, generation,  transmission,  delivery  or  furnishing  of  heat,  light, 
water  or  power  or  for  the  furnishing  of  storage  or  wharfage  facilities, 
either  directly  or  indirectly,  to  or  for  the  public,  and  every  common 
carrier  is  hereby  declared  to  be  a  public  utility  subject  to  such  control 
and  regulation  by  the  Railroad  Commission  as  may  be  provided  by  the 
legislature,  and  every  class  of  private  corporations,  individuals,  or  asso- 
ciations of  individuals  hereafter  declared  by  the  legislature  to  be 
public  utilities  shall  likewise  be  subject  to  such  control  and  regulation. 
The  Railroad  Commission  shall  have  and  exercise  such  power  and  juris- 
diction to  supervise  and  regulate  public  utilities,  in  the  State  of 
California,  and  to  fix  the  rates  to  be  charged  for  commodities  fur- 
nished, or  services  rendered  by  public  utilities  as  shall  be  conferred 
upon  it  by  the  legislature,  and  the  right  of  the  legislature  to  conf<;r 
powers  upon  the  Railroad  Commission  respecting  public  utilities  is 


828 

hereby  declared  to  be  plenary  and  to  be  unlimited  by  any  provision  of 
this  Constitution. 

From  and  after  the  passage  by  the  legislature  of  laws  conferring 
powers  upon  the  Railroad  Commission  respecting  public  utilities,  all 
powers  respecting  such  public  utilities  vested  in  boards  of  supervisors, 
or  municipal  councils,  or  other  governing  bodies  of  the  several  coun- 
ties, cities  and  counties,  cities  and  towns,  in  this  State,  or  in  any  com- 
mission created  by  law  and  existing  at  the  time  of  the  passage  of  such 
laws,  shall  cease  so  far  as  such  powders  shall  conflict  with  the  powers  so 
conferred  upon  the  Railroad  Commission ;  provided,  however,  that  this 
section  shall  not  affect  such  powers  of  control  over  any  public  utility 
vested  in  any  city  and  county,  or  incorporated  city  or  town  as,  at  an 
election  to  be  held  pursuant  to  laws  to  be  passed  hereafter  by  the 
legislature,  a  majority  of  the  qualified  electors  voting  thereon  of  such 
city  and  county,  or  incorporated  city  or  town,  shall  vote  to  retain,  and 
until  such  election  such  powers  shall  continue  unimpaired;  but  if  the 
vote  so  taken  shall  not  favor  the  continuation  of  such  powers  they 
shall  thereafter  vest  in  the  Railroad  Commission  as  provided  by  law; 
and  provided,  further  that  where  any  such  city  and  county  or  incor- 
porated city  or  town  shall  have  elected  to  continue  any  powers  respect- 
ing public  utilities,  it  may,  by  vote  of  a  majority  of  its  qualified 
electors  voting  thereon,  thereafter  surrender  such  powers  to  the  Rail- 
road Commission  in  the  manner  to  be  prescribed  by  the  legislature ;  or 
if  such  municipal  corporation  shall  have  surrendered  any  powers  to  the 
Railroad  Commission,  it  may,  by  like  vote,  thereafter  reinvest  itself 
with  such  power.  Nothing  in  this  section  shall  be  construed  as  a  limi- 
tation upon  any  power  conferred  upon  the  Railroad  Commission  by 
any  provision  of  this  Constitution  now  existing  or  adopted  concur- 
rently herewith.     (Amendment   adopted  October  10,  1911.) 

§  24.  Legislature  to  Enforce  This  Article. — The  legislature  shall 
pass  all  laws  necessary  for  the  enforcement  of  the  provisions  of  this 
article. 

PUBLIC  UTILITIES  ACT. 

RAILROAD  COMMISSION— GENERAL  PROVISIONS. 

§  1.  Short  title. 
§  2.  Definitions. 
§     3.     Railroad  Commission  —  Appointment  —  Term  —  Vacancies — Re 

moval. 
§     4.     Attorney. 

§     5.     Secretary — Assistant  secretary. 
§     6.     Additional  officers  and  employees. 

§     7.     Oath  of  office — Eligibility  of  commissioners  and  employees. 
§     8.     Office    of    commission — Meetings — Official    seal — Supplies    and 

equipment. 
§     9.     Quorum. 
§  10.     Salaries  and  expenses. 


PUBLIC   UTILITIES  ACT.  829 

§  11.     Transportation  for  commissioners,  officers  and  employees. 
§  12.     Annual  report. 

DUTIES  OF  PUBLIC  UTILITIES. 

§  13.  Charges — Service  and  facilities — Rules  and  regulations. 

§  14.  Tariff  schedules — Publication. 

§  15.  Changes  in  schedules — Notice  required. 

§  16.  Concurrence  in  joint  tariffs. 

§  17.  Rates  and  fares  as  published  to  be  charged — Exceptions. 

§  18.  Filing  of  interstate  tariffs. 

§  19.  Preferences. 

§  20.  Economies — Profit  from  to  inure  to  public  utility. 

§  21.  Sliding  scale  of  charges — Profit  sharing. 

§  22.  Discrimination  between  utilities  inter  se  prohibited — Connect- 
ing lines. 

§  23.  False  billing,  etc.,  by  carrier  or  shipper — False  claims  for  dam- 
ages. 

§  24.  Long  and  short  haul  and  service. 

§  25.  Switch  and  spur  connections. 

§  26.  Foreign  public  utilities  excluded. 

§  27.  Fares  and  transfers  on  street  railroads. 

§  28.  Requests  for  information — Blanks — Copies  of  record. 

§  29.  Reports. 

§  30.  Compliance  with  commission's  orders. 

POWERS  AND  DUTIES  OF  RAILROAD  COMMISSION. 

§  31.     Powers  of  commission. 

§  32.     Charges  to  be  fixed  by  commission. 

§  33.     Joint  rates  and  through  routes  on  common  carriers. 

§  34.     Interstate  rates. 

§  35.     Service,  equipment,  facilities^ — To  be  fixed  by  the  commission. 

§  36.    Power  of  commission  to  order  additions,  improvements,  changes. 

§  37.  Power  of  commission  to  order  changes  in  time  schedules  and 
running  of  additional  cars  and  trains. 

§  38.     Track  connections. 

§  39.  Switch  and  spur  connections — Interchange  switching  to  indus- 
trial tracks. 

§  40.  Physical  connections  and  joint  rates — Telephone  and  telegraph 
corporations. 

^  41.     Use  of  joint  facilities. 

§  42.     Health  and  safety — Safety  devices. 

§  43.     Grade  crossings. 

^  44.     Investigation  of  accidents — Reports  to  commission. 

§  45.  Power  of  commission  to  provide  rules  for  expediting  traffic — • 
Express  and  telegraph  rules  and  regulations. 

§  46.     Power  of  commission  as  to  service,  etc.,  of  public  utilities. 

§  47.     Valuation  of  property. 

§  48.     Uniform  system  of  accounts — Access  to  accounts,  etc. 

§  49.     Depreciation  accounts. 


S'SO  hillyer's  legal  manual. 

§  50.     New  construction — Franchises  and  privileges. 
§  51.     Transfer  of  property,  franchises,  etc.,  transfers  of  stock. 
§  52.     Approval  of  stocks  and  stock  certificates,  and  bonds,  notes  and 
other  evidence  of  indebtedness. 

PROCEDURE  BEFORE  RAILROAD  COMMISSION  AND  COURTS. 

§  53.  Rules  for  hearing — Informalities. 

§  54.  Powers  of  commission  as  to  process — Service. 

§  55.  Witnesses — Attendance    and    fees — Depositions — Incrimination. 

§  56.  Certified  copies  of  papers  filed  to  be  evidence. 

§  57.  Fees. 

§  58.  Inspection  of  books,  papers  and  documents. 

§  59.  Production  of  books  and  records  kept  outside  the  State. 

§  60.  Complaints. 

§  61.  Hearings,  orders  and  record — Recovery  on  decision. 

§  62.  Public  utility  may  complain. 

§  63.  Increases  in  rates. 

§  64.  Commission  may  change  orders  and  decisions. 

§  65.  Orders  and  decisions  conclusive  in  collateral  proceedings. 

§  66.  Rehearings. 

§  67.  Review. 

§  68.  Suspension  of  commission's  orders. 

§  69.  Court  proceedings — Preference. 

§  70.  Physical  valuation — Procedure. 

§  71.  Excessive  or  discriminatory  charges — Reparation. 

§  72.  Commission  shall  enforce  laws. 

§  73.  Public  utilities  liable  for  damages. 

§  74.  Effect  of  act  on  release  of  damages — Penalties  cumulative. 

§  75.  Summary  proceedings. 

§  76.  Penalties,  violations  by  public  utilities. 

§  77.  Penalties,  violations  by  officers,  agents  or  employees  of  public 
utilities. 

§  78.  Penalties,  violations  by  corporations  other  than  public  utilities. 

§  79.  Penalties,  violations  by  persons  other  than  officers,  etc.,  of  pub- 
lic utilities. 

§  80.  Suits  for  penalties. 

§  81.  Contempt  proceedings. 

CONSTRUCTION— SAVING  CLAUSE— APPROPRIATION- 
REPEAL. 

§  82.     Effect  of  act  on  existing  powers  of  any  city  and  county,  or 

incorporated  city  or  town. 
§  83.     Effect  of  act  on  pending  actions  and  proceedings. 
§  84.     Constitutionality. 
§  85.     Interstate  commerce. 
§  86.     Appropriation. 
§  87.     Repeal. 
§  88.     Time  of  effect. 

(Approved  December  23,  1911.     Amended  by  chapter  553,  approved 
June  14,  1913;  effective  August  10,  1913.) 


PUBLIC  UTILITIES  ACT.  831 

§  1.  Short  Title.— This  act  shall  be  known  as  the  ''Public  Utilities 
Act"  and  shall  apply  to  the  public  utilities  and  public  services  herein 
described  and  to  the  commission  herein  referred  to. 

§  2.  Definitions— Commission.— (a)  The  term  ''commission,"  when 
used  in  this  act,  means  the  Railroad  Commission  of  the  State  of  Cali- 
fornia. 

(b)  Commissioner.— The  term  "commissioner,"  when  used  in  this 
act,  means  one  of  the  members  of  the  commission. 

(c)  Corporation. — The  term  "corporation,"  when  used  in  this  act, 
includes  a  corporation,  a  company,  an  association  and  a  joint-stock 
association. 

(d)  Person. — The  term  "person,"  when  used  in  this  act,  includes  an 
individual,  a  firm  and  a  copartnership. 

(e)  Ti-ansportation  of  Persons. — The  term  "transportation  of  per- 
sons," when  used  in  this  act,  includes  every  service  in  connection  with 
or  incidental  to  the  safety,  comfort  or  convenience  of  the  person  trans- 
ported and  the  receipt,  carriage  and  delivery  of  such  person  and  his 
baggage. 

(f)  Transportation  of  Property. — The  term  "transportation  of  prop- 
erty," when  used  in  this  act,  includes  every  service  in  connection  with 
or  incidental  to  the  transportation  of  property,  including  in  particular 
its  receipt,  delivery,  elevation,  transfer,  switching,  carriage,  ventila- 
tion, refrigeration,  icing,  dunnage,  storage  and  handling,  and  the  trans- 
mission of  credit  by  express  corporations. 

(g)  Street  Railroad. — The  term  "street  railroad,"  when  used  in  this 
act,  includes  every  railway,  and  each  and  every  branch  or  extension 
thereof,  by  whatsoever  power  operated,  being  mainly  upon,  along, 
above  or  below  any  street,  avenue,  road,  highway,  bridge  or  public 
place  within  any  city  and  county,  or  city  or  town,  together  with  all 
real  estate,  fixtures  and  personal  propert}^  of  every  kind  used  in  con- 
nection therewith,  owned,  controlled,  operated  or  managed  for  public 
use  in  the  transportation  of  persons  or  property;  but  the  term  "street 
railroad,"  when  used  in  this  act,  shall  not  include  a  railway  constitut- 
ing or  used  as  a  part  of  a  commercial  or  interurban  railway. 

(h)  Street  Railroad  Corporation. — The  term  "street  railroad  corpo- 
ration," when  used  in  this  act,  includes  every  corporation  or  person, 
their  lessees,  trustees,  receivers  or  trustees  appointed  by  any  court 
whatsoever,  owning,  controlling,  operating  or  managing  any  street 
railroad  for  compensation  within  this  state. 

(i)  Railroad. — The  term  "railroad,"  when  used  in  this  act,  includes 
every  commercial,  interurban  and  other  railway  other  than  a  street 
railroad,  and  each  and  every  branch  or  extension  thereof,  by  whatso- 
ever power  operated,  together  with  all  tracks,  bridges,  trestles,  rights 
of  way,  subways,  tunnels,  stations,  depots,  union  depots,  ferries,  yards, 
grounds,  terminals,  terminal  facilities,  structures  and  equipment,  and 
all  other  real  estate,  fixtures  and  personal  property  of  every  kind 
used  in  connection  therewith,  owned,  controlled,  operated  or  managed 
for  public  use  in  the  transportation  of  persons  or  property. 


832  hillyer's  legal  manual. 

(j)  Railroad  Corporation. — The  term  ''railroad  corporation,"  when 
used  in  this  act,  includes  every  corporation  or  person,  their  lessees, 
trustees,  receivers  or  trustees  appointed  by  any  court  whatsoever,  own- 
ing, controlling:,  operating  or  managing  any  railroad  for  compensation 
within  this  state. 

(k)  Express  Corporation! — The  term  ''express  corporation,"  when 
used  in  this  act,  includes  every  corporation  or  person,  their  lessees, 
trustees,  receivers  or  trustees  appointed  by  any  court  whatsoever,  en- 
gaged in  or  transacting  the  business  of  transporting  any  freight,  mer- 
chandise or  other  property  for  compensation  on  the  line  of  any  com- 
mon carrier  or  stage  or  auto  stage  line  within  this  state. 

(1)  Conmion  Carrier. — The  term  "common  carrier,"  when  used  in 
this  act,  includes  every  railroad  corporation;  street  railroad  corpora- 
tion; express  corporation;  dispatch,  sleeping-car,  dining-car,  drawing- 
room  car,  freight,  freight  line,  refrigerator,  oil,  stock,  fruit,  car-loaning, 
car-renting,  car-loading  and  every  other  car  corporation  or  person, 
their  lessees,  trustees,  receivers  or  trustees  appointed  by  any  court 
whatsoever,  operating  for  compensation  within  this  state ;  and  every 
corporation  or  person,  their  lessees,  trustees,  receivers  or  trustees  ap- 
pointed by  any  court  whatsoever,  owning,  controlling,  operating  or 
managing  any  vessel  regularly  engaged  in  the  transportation  of  per- 
sons or  property  for  compensation  upon  the  waters  of  this  state  or  upon 
the  high  seas,  over  regular  routes  between  points  within  this  state. 

(m)  Pipe-line. — The  term  "pipe-line,"  when  used  in  this  act,  in- 
cludes all  real  estate,  fixtures  and  personal  property,  owned,  controlled, 
operated  or  managed  in  connection  with  or  to  facilitate  the  trans- 
mission, storage,  distribution  or  delivery  of  crude  oil  or  other  fluid 
substances  except  water  through  pipe  lines. 

(n)  Pipe-line  Corporation. — The  term  "pipe-line  corporation,"  when 
used  in  this  act,  includes  every  corporation  or  person,  their  lessees, 
trustees,  receivers  or  trustees  appointed  by  any  court  whatsoever, 
owning,  controlling,  operating  or  managing  any  pipe-line  for  compen- 
sation within  this  state. 

(o)  Gas  Plant. — The  term  "gas  plant,"  when  used  in  this  act,  in- 
cludes all  real  estate,  fixtures  and  personal  property,  owned,  controlled, 
operated  or  managed  in  connection  with  or  to  facilitate  the  production, 
generation,  transmission,  delivery  or  furnishing  of  gas  (natural  or 
manufactured)  for  light,  heat  or  power. 

(p)  Gas  Corporation. — The  term. "gas  corporation,"  when  used  in 
this  act,  includes  every  corporation  or  person,  their  lessees,  trustees, 
receivers  or  trustees  appointed  by  any  court  whatsoever,  owning,  con- 
trolling, operating  or  managing  any  gas  plant  for  compensation  within 
this  state,  except  where  gas  is  made  or  produced  on  and  distributed 
by  the  maker  or  producer  through  private  property  alone  solely  for 
his  own  use  or  the  use  of  his  tenants  and  not  for  sale  to  others. 

(q)  Electric  Plant. — The  term  "electric  plant,"  when  used  in  this 
act,  includes  all  real  estate,  fixtures  and  personal  property  owned. 


PUBLIC   UTILITIES  ACT.  833 

controlled,  operated  or  managed  in  connection  with  or  to  facilitate  the 
production,  generation,  transmission,  delivery  or  furnishing  of  elec- 
tricity for  light,  heat  or  power,  and  all  conduits,  ducts  or  other  devices, 
materials,  apparatus  or  property  for  containing,  holding  or  carrying 
conductors  used  or  to  be  used  for  the  transmission  of  electricity  for 
light,  heat  or  power. 

(r)  Electrical    Corporation.— The    term    ''electrical    corporation,'* 

when  used  in  this  act,  includes  every  corporation  or  person,  their 
lessees,  trustees,  receivers  or  trustees  appointed  by  any  court  whatso- 
ever, owning,  controlling,  operating  or  managing  any  electric  plant  for 
compensation  within  this  state,  except  where  electricity  is  generated 
on  or  distributed  by  the  producer  through  private  property  alone  solely 
for  his  own  use  or  the  use  of  his  tenants  and  not  for  sale  to  others. 

(s)  Telephone  Line. — The  term  "telephone  line,"  when  used  in  this 
act,  includes  all  conduits,  ducts,  poles,  wires,  cables,  instruments  and 
appliances,  and  all  other  real  estate,  fixtures  and  personal  property 
owned,  controlled,  operated  or  managed  in  connection  with  or  to  facili- 
tate communication  by  telephone,  whether  such  communication  is  had 
with  or  without  the  use  of  transmission  wires. 

(t)  Telephone  Corporation. — The  term  "telephone  corporation," 
when  used  in  this  act,  includes  every  corporation  or  person,  their 
lessees,  trustees,  receivers  or  trustees  appointed  by  any  court  whatso- 
ever, owning,  controlling,  operating  or  managing  any  telephone  line 
for  compensation  within  this  state. 

(u)  Telegraph  Line. — The  term  "telegraph  line,"  when  used  in  this 
act,  includes  all  conduits,  ducts,  poles,  wires,  cables,  instruments  and 
appliances,  and  all  other  real  estate,  fixtures  and  personal  property 
owned,  controlled,  operated  or  managed  in  connection  with  or  to 
facilitate  communication  by  telegraph,  whether  such  communication  is 
had  with  or  without  the  use  of  transmission  wires. 

(v)  Telegraph  Corporation. — The  term  "telegraph  corporation," 
when  used  in  this  act,  includes  every  corporation  or  person,  their  les- 
sees, trustees,  receivers  or  trustees  appointed  by  any  court  whatsoever, 
owning,  controlling,  operating  or  managing  any  telegraph  line  for  com- 
pensation within  this  state. 

(w)  Water  System. — The  term  "water  system,"  when  used  in  this 
act,  includes  all  reservoirs,  tunnels,  shafts,  dams,  dikes,  headgates, 
pipes,  flumes,  canals,  structures  and  appliances,  and  all  other  real  es- 
tate, fixtures  and  personal  property,  owned,  controlled,  operated  or 
managed  in  connection  with  or  to  facilitate  the  diversion,  development, 
storage,  supply,  distribution,  sale,  furnishing,  carriage,  apportionment 
or  measurement  of  water  for  power,  irrigation,  reclamation  or  manu- 
facturing, or  for  municipal,  domestic  or  other  beneficial  use. 

(x)  Water  Corporation. — The  term  "water  corporation,"  when  used 
in  this  act,  includes  every  corporation  or  person,  their  lessees,  trustees, 
receivers  or  trustees  appointed  by  any  court  whatsoever,  owning,  con- 
53 


834  hillyeb's  legal  manual. 

trolling,  operating  or  managing  any  water  system  for  compensation 
within  this  state. 

(y )  Vessel. — The  term  ' '  vessel, ' '  when  used  in  this  act,  includes  every 
species  of  water  craft,  by  whatsoever  power  operated,  which  is  owned, 
controlled,  operated  or  managed  for  public  use  in  the  transportation  of 
persons  or  property. 

(z)  Wharfinger. — The  term  ''wharfinger,"  when  used  in  this  act, 
includes  every  corporation  or  person,  their  lessees,  trustees,  receivers 
or  trustees,  appointed  by  any  court  whatsoever,  owning,  controlling, 
operating  or  managing  any  dock,  wharf  or  structure  used  by  vessels 
in  connection  with  or  to  facilitate  the  receipt  or  discharge  of  freight 
or  passengers  for  compensation  within  this  state. 

(aa)  Warehouseman. — The  term  ''warehouseman,"  when  used  in 
this  act,  includes  every  corporation  or  person,  their  lessees,  trustees, 
receivers  or  trustees  appointed  by  any  court  w^hatsoever,  owning,  con- 
trolling, operating  or  managing  any  building  or  structure  in  which 
property  is  regularly  stored  for  compensation  within  this  state,  in 
connection  with  or  to  facilitate  the  transportation  of  property  by  a 
common  carrier  or  vessel,  or  the  loading  or  unloading  of  the  same, 
other  than  a  dock,  wharf  or  structure,  owned,  operated,  controlled  or 
managed  by  a  wharfinger. 

(bb)  Public  Utility. — The  term  "public  utility,"  when  used  in 
this  act,  includes  every  common  carrier,  pipe-line  corporation,  gas  cor- 
poration, electrical  corporation,  telephone  corporation,  telegraph 
corporation,  water  corporation,  wharfinger  and  w^arehouseman,  where 
the  service  is  performed  for  or  the  commodity  delivered  to  the  public 
or  any  portion  thereof.  The  term  "public  or  any  portion  thereof"  as 
herein  used  means  the  public  generally,  or  any  limited  portion  of  the 
public  including  a  person,  private  corporation,  municipality  or  other 
political  subdivision  of  the  State,  for  which  the  service  is  performed  or 
to  which  the  commodity  is  delivered,  and  whenever  any  common  car- 
rier, pipe-line  corporation,  gas  corporation,  electrical  corporation, 
telephone  corporation,  telegraph  corporation,  water  corporation, 
wharfinger  or  warehouseman  performs  a  service  or  delivers  a  com- 
modity to  the  public  or  any  portion  thereof  for  which  any  compensation 
or  payment  whatsoever  is  received,  such  common  carrier,  pipe-line 
corporation,  gas  corporation,  electrical  corporation,  telephone  corpora- 
tion, telegraph  corporation,  water  corporation,  wharfinger  or  ware- 
houseman is  hereby  declared  to  be  a  public  utility  subject  to  the  juris- 
diction, control  and  regulation  of  the  commission  and  the  provisions 
of  this  act.  Furthermore,  when  any  person  or  corporation  performs 
any  service  or  delivers  any  commodity  to  any  person  or  persons,  pri- 
vate corporation  or  corporations,  municipality  or  other  political  subdi- 
visions of  the  State,  which  in  turn  either  directly  or  indirectly, 
mediately  or  immediately,  perform  such  service  or  deliver  such  com- 
modity to  or  for  the  public  or  some  portion  thereof,  such  person  or 
persons,  private  corporation  or  corporations  and  each  thereof  is  hereby 


PUBLIC  UTILITIES  ACT.  835 

declared  to  bo  a  public  utility  and  to  be  subject  to  the  jurisdiction, 
control  and  regulation  of  the  commission  and  to  the  provisions  of  this 
act. 

§  3.  Railroad  Commission  —  Appointment  — Term  — ^Vacancies  — Re- 
moval.— (a)  The  Railroad  Commission  shall  consist  of  five  members,  who 
shall  be  appointed  by  the  governor  from  the  State  at  large ;  provided, 
that  the  three  commissioners  in  office  on  the  10th  day  of  October,  1911, 
shall  serve  out  the  term  for  which  they  were  elected,  and  that  two 
additional  commissioners  shall  be  appointed  by  the  governor  to  hold 
office  during  the  same  term.  Upon  the  expiration  of  said  term,  the 
term  of  office  of  each  commissioner  thereafter  shall  be  six  years,  ex- 
cepting that  of  the  commissioners  first  appointed  after  the  expiration 
of  said  term  one  shall  be  appointed  to  hold  office  until  the  first  day  of 
January,  1917,  two  until  the  1st  day  of  January,  1919,  and  two  until 
the  1st  day  of  January,  1921.  The  commissioners  shall  elect  one  of 
their  number  president  of  the  commission. 

(b)  Vacancy. — Whenever  a  vacancy  in  the  office  of  commissioner 
shall  occur,  the  governor  shall  forthwith  appoint  a  qualified  person  to 
fill  the  same  for  the  unexpired  term.  The  legislature,  by  a  two-thirds 
vote  of  all  members  elected  to  each  house,  may  remove  any  one  or  more 
of  said  commissioners  from  office  for  dereliction  of  duty  or  corruption 
or  incompetency. 

§  4.  Attorney. — The  commission  shall  have  power  to  appoint  as 
attorney  to  the  commission  an  attorney  at  law  of  this  State,  who  shall 
hold  office  during  the  pleasure  of  the  commission.  It  shall  be  the  right 
and  the  duty  of  the  attorney  to  represent  and  appear  for  the  people 
of  the  State  of  California  and  the  commission  in  all  actions  and  pro- 
ceedings involving  any  question  under  this  act  or  under  any  order  or 
act  of  the  commission,  and,  if  directed  to  do  so  by  the  commission,  to 
intervene,  if  possible,  in  any  action  or  proceeding  in  which  any  such 
question  is  involved;  to  commence,  prosecute  and  expedite  the  final 
determination  of  all  actions,  and  proceedings  directed  or  authorized  by 
the  commission;  to  advise  the  commission  and  each  commissioner,  when 
so  requested,  in  regard  to  all  matters  in  connection  with  the  powers  and 
duties  of  the  commission  and  the  members  thereof;  and  generally  to 
perform  all  duties  and  services  as  attorney  to  the  commission  which 
the  commission  may  require  of  him. 

§  5.  Secretary — Assistant  Secretary. — The  commission  shall  appoint 
a  secretary,  who  shall  hold  office  during  its  pleasure.  It  shall  be  the 
duty  of  the  secretary  to  keep  a  full  and  true  record  of  all  proceedings 
of  the  commission,  to  issue  all  necessary  proeoss,  writs,  warrants  and 
notices,  and  to  perform  such  other  duties  as  the  commission  may  pre- 
scribe. The  commission  may  appoint  an  assistant  secretary,  who  shall 
have  all  the  powers  conferred  by  law  upon  peace  officers  to  carry 
weapons,  make  arrests  and  serve  warrants  and  other  process  in  any 
county  or  city  and  county  of  this  State.  The  secretary  and  the  assist- 
ant secretary  shall  have  power  to  administer  oaths,  certify  to  all  official 


836  hillyer's  legal  manual. 

acts,  and  issue  subpoenas  for  the  attendance  of  witnesses  and  the  pro- 
duction of  papers,  waybills,  books,  accounts,  documents  and  testimony 
in  any  inquiry,  investigation,  hearing  or  proceeding  in  any  part  of  the 
State. 

§  6.  Additional  Officers  and  Employees. — The  commission  shall 
have  power  to  employ,  during  its  pleasure,  such  officers,  experts,  en- 
gineers, statisticians,  accountants,  inspectors,  clerks  and  employees  as 
it  may  deem  neeessarj^  to  carry  out  the  provisions  of  this  act  or  to  per- 
form the  duties  and  exercise  the  powers  conferred  by  law  upon  the 
commission. 

§  7.  Oath  of  Office — Eligibility  of  Commissioners  and  Employees. — 
Each  commissioner  and  each  person  appointed  to  a  civil  executive 
office  by  the  commission  shall,  before  entering  upon  the  duties  of  his 
office,  take  and  subscribe  the  constitutional  oath  of  office.  Each  com- 
missioner shall  be  a  qualified  elector  of  this  state,  and  no  person  in  the 
employ  of  or  holding  any  official  relation  to  any  corporation  or  person, 
which  said  corporation  or  person  is  subject  in  whole  or  in  part  to  regu- 
lation by  the  commission,  and  no  person  owning  stocks  or  bonds  of  any 
such  corporation  or  who  is  in  any  manner  pecuniarily  interested  therein 
shall  be  appointed  to  or  hold  the  office  of  commissioner  or  be  appointed 
or  employed  by  the  commission ;  provided,  that  if  any  such  person  shall 
become  the  owner  of  such  stocks  or  bonds  or  become  pecuniarily  inter- 
ested in  such  corporation  otherwise  than  voluntarily,  he  shall  within 
a  reasonable  time  divest  himself  of  such  ownership  or  interest ;  failing 
to  do  so,  his  office  or  employment  shall  become  vacant. 

§  8.  Office  of  Commission — Meetings — Official  Seal — Supplies  and 
Equipment. — (a)  The  office  of  the  commission  shall  be  in  the  city  and 
county  of  San  Francisco.  The  office  shall  always  be  open,  legal  holi- 
days and  nonjudicial  days  excepted.  The  commission  shall  hold  its 
sessions  at  least  once  in  each  calendar  month  in  said  city  and  county 
of  San  Francisco,  and  may  also  meet  at  such  other  times  and  in  such 
other  places  as  may  be  expedient  and  necessary  for  the  proper  per- 
formance of  its  duties.  For  the  purpose  of  holding  sessions  in  places 
other  than  the  city  and  county  of  San  Francisco,  the  commission  shall 
have  power  to  rent  quarters  or  offices,  and  the  expense  thereof  and  in 
connection  therewith  shall  be  paid  in  the  same  manner  as  other  ex- 
penses authorized  by  this  act.  The  sessions  of  the  commission  shall  be 
public. 

(b)  The  commission  shall  have  a  seal,  bearing  the  following  inscrip- 
tion: ''Railroad  Commission  State  of  California."  The  seal  shall  be 
affixed  to  all  writs  and  authentications  of  copies  of  records  and  to  such 
other  instruments  as  the  commission  shall  direct.  All  courts  shall  take 
judicial  notice  of  said  seal. 

(c)  The  commission  is  authorized  to  procure  all  necessary  books, 
maps,  charts,  stationery,  instruments,  office  furniture,  apparatus  and 
appliances,  and  the  same  shall  be  paid  for  in  the  same  manner  as  other 
expenses  authorized  by  this  act. 


PUBLIC   UTILITIES  ACT.  837 

§  9.  Quorum. — A  majority  of  the  commissioners  shall  constitute  a 
quorum  for  the  transaction  of  any  business,  for  the  performance  of  any 
duty  or  for  the  exercise  of  any  power  of  the  commission.  No  vacancy 
in  the  commission  shall  impair  the  right  of  the  remaining  commission- 
ers to  exercise  all  the  powers  of  the  commission.  The  act  of  a  major- 
ity of  the  commissioners  when  in  session  as  a  board  shall  be  deemed  to 
be  the  act  of  the  commission;  but  any  investigation,  inquiry  or  hear- 
ing which  the  commission  has  power  to  undertake  or  to  hold  may  be 
undertaken  or  held  by  or  before  any  commissioner  designated  for  the 
purpose  by  the  commission,  and  every  finding,  order  or  decision  made 
by  a  commissioner  so  designated,  pursuant  to  such  investigation,  in- 
quiry or  hearing,  when  approved  and  confirmed  by  the  commission  and 
ordered  filed  in  its  office,  shall  be  and  be  deemed  to  be  the  finding, 
order  or  decision  of  the  commission. 

§  10.  Salaries  and  Expenses. —  (a)  The  annual  salary  of  each  com- 
missioner shall  be  eight  thousand  (8,000)  dollars.  All  officers,  experts, 
engineers,  statisticians,  accountants,  inspectors,  clerks  and  employees 
of  the  commission  shall  receive  such  compensation  as  may  be  fixed  by 
the  commission.  The  commissioners,  attorney,  secretary,  rate  expert 
and  assistant  secretary  shall  be  civil  executive  officers  and  their  salaries 
as  fixed  by  law  or  the  commission  shall  be  paid  in  the  same  manner  as 
are  the  salaries  of  other  state  officers.  The  salary  or  compensation  of 
every  other  person  holding  office  or  employment  under  the  commission 
shall  be  paid  monthly  from  the  funds  appropriated  for  the  use  of  the 
commission,  after  being  approved  by  the  commission,  upon  claims  there- 
for to  be  audited  by  the  board  of  control. 

(b)  All  expenses  incurred  by  the  commission  pursuant  to  the  pro- 
visions of  this  act,  including  the  actual  and  necessary  traveling  and 
other  expenses  and  disbursements  of  the  commissioners,  their  officers 
and  employees,  incurred  while  on  business  of  the  commission,  shall  be 
paid  from  the  funds  appropriated  for  the  use  of  the  commission,  after 
being  approved  by  the  commission,  upon  claims  therefor  to  be  audited 
by  the  board  of  control. 

§  11.    Transportation  for  Commissioners,  Officers  and  Employees. — 

The  commissioners  and  the  officers  and  employees  of  the  commission, 
shall,  when  in  the  performance  of  their  official  duties,  have  the  right 
to  pass,  free  of  charge,  on  all  railroads,  cars,  vessels  and  other  vehicles 
of  every  common  carrier,  as  said  term  is  defined  in  this  act,  subject 
in  w^hole  or  in  part  to  control  or  regulation  by  the  commission,  betw^een 
points  within  this  state,  and  such  persons  shall  not  be  denied  the  right 
to  travel  upon  any  railroad,  car,  vessel  or  other  vehicle  of  such  common 
carrier,  whether  such  railroad,  car,  vessel  or  other  vehicle  be  used  for 
the  transportation  of  passengers  or  freight,  and  regardless  of  its  class. 

§  12.  Annual  Report. — The  commission  shall  make  and  submit  to 
the  governor  on  or  before  the  first  day  of  December  of  each  year 
subsequent  to  the  year  1912,  a  report  containing  a  full  and  complete 
account  of  its  transactions  and  proceedings  for  the  preceding  fiscal 


838 

year,  together  with  such  other  facts,  suggestions,  and  recommenda- 
tions as  it  may  deem  of  value  to  the  people  of  the  state. 

§  13.     Charges^Service  and  Facilities — Rules  and  Regulations. — 

(a)  All  charges  made,  demanded  or  received  by  any  public  utility,  or 
by  any  two  or  more  public  utilities,  for  any  product  or  commodity 
furnished  or  to  be  furnished  or  any  service  rendered  or  to  be  rendered 
shall  be  just  and  reasonable.  Every  unjust  or  unreasonable  charge 
made,  demanded  or  received  for  such  product  or  commodity  or  service 
is  hereby  prohibited  and  declared  unlawful. 

(b)  Every  public  utility  shall  furnish,  provide  and  maintain  such 
service,  instrumentalities,  equipment  and  facilities  as  shall  promote  the 
safety,  health,  comfort  and  convenience  of  its  patrons,  employees  and 
the  public,  and  as  shall  be  in  all  respects  adequate,  efficient,  just  and 
reasonable. 

(c)  All  rules  and  regulations  made  by  a  public  utility  affecting  or 
pertaining  to  its  charges  or  service  to  the  public  shall  be  just  and 
reasonable. 

§  14.  Tariff  Schedules — Publication. — (a)  Every  common  carrier 
shall  file  with  the  commission  and  shall  print  and  keep  open  to  the 
public  inspection  schedules  show^ing  the  rates,  fares,  charges  and 
classifications  for  the  transportation  between  termini  within  this  state 
of  persons  and  property  from  each  point  upon  its  route  to  all  other 
points  thereon ;  and  from  each  point  upon  its  route  to  all  points  upon 
every  other  route  leased,  operated  or  controlled  by  it;  and  from  each 
point  on  its  route  or  upon  any  route  leased,  operated  or  controlled  by 
it  to  all  points  upon  the  route  of  any  other  common  carrier,  whenever 
a  through  route  and  a  joint  rate  shall  have  been  established  or  ordered 
between  any  two  such  points.  If  no  joint  rate  over  a  through  route 
has  been  established,  the  schedules  of  the  several  carriers  in  such 
through  route  shall  show  the  separately  established  rates,  fares, 
charges  and  classifications  applicable  to  the  through  transportation. 
The  schedules  printed  as  aforesaid  shall  plainly  state  the  places  be- 
tween which  property  and  persons  will  be  carried,  and  shall  also  con- 
tain the  classification  of  passengers  or  property  in  force,  and  shall  also 
state  separately  all  terminal  charges,  storage  charges,  icing  charges 
and  all  other  charges  which  the  commission  may  require  to  be  stated, 
all  privileges  or  facilities  granted  or  allowed,  and  all  rules  or  regula- 
tions which  may  in  any  wise  change,  affect  or  determine  any  part,  or 
the  aggregate  of,  such  rates,  fares,  charges  and  classifications,  or  the 
value  of  the  service  rendered  to  the  passenger,  shipper  or  consignee. 
Subject  to  such  rules  and  regulations  as  the  commission  may  prescribe, 
such  schedules  shall  be  plainly  printed  in  large  type,  and  a  copy  thereof 
shall  be  kept  by  every  such  carrier  readily  accessible  to  and  for  in- 
spection by  the  public  in  every  station  or  office  of  such  carrier  where 
passengers  or  property  are  respectively  received  for  transportation, 
when  such  station  or  office  is  in  charge  of  an  agent,  and  in  every  station 
or  office  of  such  carrier  where  passenger  tickets  or  tickets  for  sleep- 


PUBLIC  UTILITIES  ACT.  839 

inor,  parlor  car  or  other  train  accommodations  are  sold  or  bills  of 
ladin-g  or  waybills  or  receipts  for  property  are  issued.  Any  or  all  of 
such  schedules  kept  as  aforesaid  shall  be  immediately  produced  by  such 
carrier  for  inspection  upon  the  demand  of  any  person.  A  notice 
printed  in  bold  type  and  stating  that  such  schedules  are  on  file  with 
the  agent  and  open  to  inspection  by  any  person,  and  that  the  agent 
will  assist  any  person  to  determine  from  such  schedules  any  rates, 
fares,  rules  or  regulations  in  force,  shall  be  kept  posted  by  the  carrier 
in  two  public  and  conspicuous  places  in  every  such  station  or  office. 
The  form  of  every  such  schedule  shall  be  prescribed  by  the  commission 
and  shall  conform  in  the  case  of  common  carriers  subject  to  the  act  of 
Congress  entitled  "An  act  to  regulate  commerce,"  approved  Febru- 
ary 4,  1887,  and  the  acts  amendatory  thereof  and  supplementary 
thereto,  as  nearly  as  may  be  to  the  form  of  schedules  prescribed  by 
the  interstate  commerce  commission  under  said  act. 

(b)  Under  such  rules  and  regulations  as  the  commission  may  pre- 
scribe, every  public  utility  other  than  a  common  carrier  shall  file  with 
the  commission  within  such  time  and  in  such  form  as  the  commission 
may  designate,  and  shall  print  and  keep  open  to  public  inspection 
schedules  showing  all  rates,  tolls,  rentals,  charges  and  classifications 
collected  or  enforced,  or  to  be  collected  or  enforced,  together  with  all 
rules,  regulations,  contracts,  privileges  and  facilities  which  in  any 
manner  affect  or  relate  to  rates,  tolls,  rentals,  classifications,  or  service. 
The  rates,  tolls,  rentals  and  charges  shown  on  such  schedules  when 
filed  by  a  public  utility  as  to  which  the  commission  by  this  act  ac- 
quires the  power  to  fix  any  rates,  tolls,  rentals  or  charges,  shall  not, 
within  any  portion  of  the  territory  as  to  which  the  commission  acquires 
as  to  such  public  utility  such  power,  exceed  the  rates,  tolls,  rentals  or 
charges  in  effect  on  the  10th  day  of  October,  1911;  the  rates,  tolls, 
rentals  and  charges  shown  on  such  schedules,  when  filed  by  any  public 
utility  as  to  any  territory  as  to  which  the  commission  does  not  by  this 
act  acquire  as  to  such  public  utility  such  power,  shall  not  exceed  the 
rates,  tolls,  rentals  and  charges  in  effect  at  the  time  the  commission 
acquires  as  to  such  territory  and  as  to  such  public  utility  the  power 
to  fix  rates,  tolls,  rentals  or  charges.  Nothing  in  this  section  contained 
shall  prevent  the  commission  from  approving  or  fixing  rates,  tolls, 
rentals  or  charges,  from  time  to  time,  in  excess  of  or  less  than  those 
shown  by  said  schedules. 

(c)  The  commission  shall  have  power,  from  time  to  time,  in  its  dis- 
cretion, to  determine  and  prescribe  by  order  such  changes  in  the  form 
of  the  schedules  referred  to  in  this  section  as  it  may  find  expedient, 
and  to  modify  the  requirements  of  any  of  its  orders,  rules  or  regula- 
tions in  respect  to  any  matter  in  this  section  referred  to. 

§  15.  Changes  in  Schedules — Notice  Required. — Unless  the  commis- 
sion otherwise  orders,  no  change  shall  be  made  by  any  public  utility  in 
any  rate,  fare,  toll,  rental,  charge  or  classification,  or  in  any  rule, 
regulation  or  contract  relating  to  or  affecting  any  rate,  fare,  toll, 
rental,  charge,  classification  or  service,  or  in  any  privilege  or  facility, 


840  hillyer's  legal  manual. 

except  after  thirty  days'  notice  to  the  commission  and  to  the  public  as 
herein  provided.  Such  notice  shall  be  given  by  filing  with  the.  com- 
mission and  keeping  open  for  public  inspection  new  schedules  stating 
plainly  the  change  or  changes  to  be  made  in  the  schedule  or  schedules 
then  in  force,  and  the  time  when  the  change  or  changes  will  go  into 
effect.  The  commission,  for  good  cause  shown,  may  allow  changes 
without  requiring  the  thirty  days'  notice  herein  provided  for,  by  an 
order  specifying  the  changes  so  to  be  made  and  the  time  when  they 
shall  take  effect,  and  the  manner  in  which  they  shall  be  filed  and  pub- 
lished. When  any  change  is  proposed  in  any  rate,  fare,  toll,  rental, 
charge  or  classification,  or  in  any  form  of  contract  or  agreement  or  in 
any  rule,  regulation  or  contract  relating  to  or  affecting  any  rate,  fare, 
toll,  rental,  charge,  classification  or  service,  or  in  any  privilege  or 
facility,  attention  shall  be  directed  to  such  change  on  the  schedule  filed 
with  the  commission,  by  some  character  to  be  designated  by  the  com- 
mission, immediately  preceding  or  following  the  item. 

§  16.  Concurrence  in  Joint  Tariffs. — The  names  of  the  several  pub- 
lic utilities  which  are  parties  to  any  joint  tariff,  rate,  fare,  toll,  con- 
tract, classification  or  charge  shall  be  specified  in  the  schedule  or 
schedules  showing  the  same.  Unless  otherwise  ordered  by  the  com- 
mission, a  schedule  showing  such  joint  tariff,  rate,  fare,  toll,  contract, 
classification  or  charge  need  be  filed  with  the  commission  by  only  one 
of  the  parties  to  it ;  provided,  that  there  is  also  filed  with  the  commis- 
sion in  such  form  as  the  commission  may  require  a  concurrence  in  such 
joint  tariff,  rate,  fare,  toll,  contract,  classification  or  charge  by  each 
of  the  other  parties  thereto. 

§  17.     Rates  ajid  Fares   as  Published  to  be   Charged. —  (a)  1.  No 

common  carrier  subject  to  the  provisions  of  this  act  shall  engage  or 
participate  in  the  transportation  of  persons  or  property,  between 
points  within  this  state,  until  its  schedules  of  rates,  fares,  charges  and 
classifications  shall  have  been  filed  and  published  in  accordance  with 
the  provisions  of  this  act. 

2.  Charges  to  be  Uniform. — No  common  carrier  shall  charge,  de- 
mand, collect  or  receive  a  greater  or  less  or  different  compensation 
for  the  transportation  of  persons  or  property,  or  for  any  service  in 
connection  therewith,  than  the  rates,  fares  and  charges  applicable  to 
such  transportation  as  specified  in  its  schedules  filed  and  in  effect  at 
the  time :  nor  shall  any  such  carrier  refund  or  remit  in  any  manner 
or  by  any  device  any  portion  of  the  rates,  fares  or  charges  so  specified, 
except  upon  order  of  the  commission  as  hereinafter  provided,  nor  ex- 
tend to  any  corporation  or  person  any  privilege  or  facility  in  the 
transportation  of  passengers  or  property  except  such  as  are  regularly 
and  uniformly  extended  to  all  corporations  and  persons. 

3.  Exceptions. — No  common  caiTier  subject  to  the  provisions  of  this 
act  shall,  directly  or  indirectly,  issue,  give  or  tender  any  free  ticket, 
free  pass  or  free  or  reduced-rate  transportation  for  passengers  betw^een 
points  within  this  state,  except  to  its  officers,  agents,  employees,  attor- 


PUBLIC  UTILITIES  ACT.  841 

neys,  physicians  and  surgeons,  and  members  of  their  families ;  to  min- 
isters of  religion,  traveling  secretaries  of  railroad  men's  religious 
associations,  or  executive  officers,  organizers  or  agents  of  railroad 
employees'  mutual  benefit  associations  giving  the  greater  portion  of 
their  time  to  the  work  of  any  such  association ;  inmates  of  hospitals  or 
charitable  or  eleemosynary  institutions,  and  persons  exclusively  en- 
gaged in  charitable  or  eleemosynary  work,  and  persons  and  property 
engaged  or  employed  in  educational  work  or  scientific  research  or  in 
patriotic  work  when  permitted  by  the  commission;  to  the  executive 
officers  of  mercantile  or  promotion  boards  or  bodies  Avithin  this  state 
when  traveling  in  the  performance  of  duties  affecting  the  advancement 
of  the  business  of  such  boards  or  bodies,  or  the  development  of  trade 
or  industry  within  or  without  this  state,  when  authorized  by  the  com- 
mission; to  hotel  employees  of  season  resort  hotels,  when  authorized 
by  the  commission;  to  indigent,  destitute  and  homeless  persons  and  to 
such  persons  when  transported  by  charitable  societies  or  hospitals,  and 
the  necessary  agents  employed  in  such  transportation;  to  inmates  of 
the  national  homes  or  state  homes  for  disabled  volunteer  soldiers  and 
of  soldiers'  and  sailors'  homes,  including  those  about  to  enter  and 
those  returning  home  after  discharge ;  to  necessary  caretakers,  going 
and  returning,  of  livestock,  poultry,  milk,  fruit  and  other  freight, 
under  uniform  and  nondiscriminatory  regulations;  to  employees  of 
sleeping-car  corporations,  express  corporations  and  telegraph  and  tele- 
phone corporations;  to  railway  mail  service  employees.  United  States 
internal  revenue  officers,  postoffice  inspectors,  customs  officers  and  in- 
spectors and  immigration  inspectors  when  traveling  in  the  course  of 
their  official  duty;  to  newsboys  on  trains,  baggage  agents,  witnesses 
attending  any  legal  investigation  in  which  the  carrier  is  interested, 
persons  injured  in  accidents  or  wrecks  and  physicians  and  nurses 
attending  such  persons;  provided,  that  the  term  "employees,"  as  used 
in  this  section,  shall  include  furloughed,  pensioned  and  superannuated 
employees,  persons  who  have  become  disabled  or  infirm  in  the  service 
of  any  such  carrier,  ex-employees  traveling  for  the  purpose  of  enter- 
ing the  service  of  any  such  carrier,  and  the  remains  of  persons  dying 
while  in  the  employment  of  any  such  carrier;  and  the  term  ''families," 
as  used  in  this  section,  shall  include  the  families  of  those  persons  here- 
tofore named  in  this  proviso,  and  the  families  of  persons  killed,  and 
the  widows  during  widowhood  and  minor  children  during  minority  of 
persons  who  died  while  in  the  service  of  any  such  carrier;  and  pro- 
vided, further,  that  no  free  ticket,  free  pass  or  free  or  reduced-rate 
transportation  shall  be  issued,  given  or  tendered  to  any  officer,  agent 
or  employee  of  a  common  carrier,  who  is  at  the  same  time  a  shipper 
or  receiver  of  freight,  or  an  officer,  agent  or  employee  of  a  shipper  or 
receiver  of  freight,  unless  such  officer,  agent  or  employee  devotes  sub- 
stantially his  entire  time  to  the  service  of  such  carrier;  and  provided, 
further,  that  the  members  of  the  railroad  commission,  their  officers  and 
employees,  shall  be  entitled,  when  in  the  performance  of  their  official 
duties,  to  free  transportation  over  the  lines  of  all  common  carriers 


842  hillyer's  legal  manual. 

within  this  state;  and  provided,  further,  that  passenger  transportation 
may  issue  to  the  proprietors  and  employees  of  newspapers  and  maga- 
zines and  the  members  of  their  immediate  families,  in  exchange  for 
advertising  space  in  such  newspapers  or  magazines  at  full  rates,  subject 
however  to  such  reasonable  restrictions  as  the  commission  may  impose. 

Nothing  in  this  act  contained  shall  be  construed  to  prohibit  the 
issue  by  express  corporations  of  free  or  reduced-rate  transportation  for 
express  matter  to  their  officers,  agents,  employees,  attorneys,  physi- 
cians and  surgeons,  and  members  of  their  families,  or  the  interchange 
of  free  or  reduced-rate  transportation  for  passengers  or  express  matter 
between  common  carriers,  their  officers,  agents,  employees,  attorneys, 
physicians  and  surgeons  and  members  of  their  families,  where  such 
common  carriers  are  subject  in  whole  or  in  part  to  the  jurisdiction  of 
the  commission  or  of  the  interstate  commerce  commission ;  provided, 
that  such  express  matter  be  for  the  personal  use  of  the  person  to  or 
for  whom  such  free  or  reduced-rate  transportation  is  granted,  or  of 
his  family:  nor  to  prohibit  the  issue  of  passes  or  franks  by  telegraph 
or  telephone  corporations  to  their  officers,  agents,  employees,  attorneys, 
physicians  and  surgeons,  and  members  of  their  families,  or  the  ex- 
change of  passes  or  franks  between  such  telegraph  and  telephone 
corporations  or  between  such  corporations  and  such  common  carriers, 
for  their  officers,  agents,  employees,  attorneys,  physicians  and  surgeons, 
and  members  of  their  families :  nor  to  prevent  the  carrying  out  of  con- 
tracts for  free  or  reduced-rate  passenger  transportation  heretofore 
made,  founded  upon  adequate  consideration  and  lawful  when  made: 
nor  to  prevent  a  common  carrier  from  transporting,  storing  or  hand- 
ling, free  or  at  reduced  rates,  the  household  goods  and  personal  effects 
of  its  employees,  of  persons  entering  or  leaving  its  service,  and  of 
persons  killed  or  dying  while  in  its  service. 

4.  Other  Exceptions. — Every  common  carrier  subject  to  the  provi- 
sions of  this  act  may  transport,  free  or  at  reduced  rates,  persons  or 
property  for  the  United  States,  state,  county  or  municipal  governments, 
or  for  charitable  purposes,  or  for  patriotic  purposes,  or  to  provide 
relief  in  cases  of  general  epidemic,  pestilence  or  other  calamitous  visi- 
tation, and  property  to  or  from  fairs  or  expositions  for  exhibit  thereat ; 
also  contractors  and  their  employees,  material  or  supplies  for  use  or 
engaged  in  carrying  out  their  contracts  with  said  carriers,  for  construc- 
tion, operation  or  maintenance  work  or  work  incidental  thereto  on  the 
line  of  the  issuing  carrier,  to  the  extent  only  that  such  free  or  reduced- 
rate  transportation  is  provided  for  in  the  specifications  upon  which 
the  contract  is  based  and  in  the  contract  itself.  Common  carriers  may 
also  enter  into  contracts  with  telegraph  and  telephone  corporations 
for  an  exchange  of  service. 

(b)  Commission  may  Establish  Exceptions.— Except  as  in  this  section 
otherwise, provided,  no  public  utility  shall  charge,  demand,  collect  or 
receive  a  greater  or  less  or  different  compensation  for  any  product 
or  commodity  furnished  or  to  be  furnished,  or  for  any  service  rendered 
or  to  be  rendered,  than  the  rates,  tolls,  rentals  and  charges  applicable 


PUBLIC  UTILITIES  ACT.  843 

to  such  product  or  commodity  or  service  as  specified  in  its  schedules 
on  file  and  in  effect  at  the  time,  nor  shall  any  such  public  utility  re- 
fund or  remit,  directly  or  indirectly,  in  any  manner  or  by  any  device, 
any  portion  of  the  rates,  tolls,  rentals  and  charges  so  specified,  nor 
extend  to  any  corporation  or  person  any  form  of  contract  or  agreement 
or  any  rule  or  regulation  or  any  facility  or  privilege  except  such  as  are 
regularly  and  uniformly  extended  to  all  corporations  and  persons; 
provided,  that  the  commission  may  by  rule  or  order  establish  such 
exceptions  from  the  operation  of  this  prohibition  as  it  may  consider 
just  and  reasonable  as  to  each  public  utility. 

§  18.  Filing  of  Interstate  Tariffs. — Every  common  carrier  and  every 
telegraph  and  telephone  corporation  shall  print  and  file  or  cause  to 
be  filed  with  the  commission  schedules  showing  all  the  rates,  fares,  tolls, 
rentals,  charges  and  classifications  for  the  transportation  of  persons 
or  property  or  the  transmission  of  messages  or  conversations  between 
all  points  within  this  State  and  all  points  without  the  State  upon  its 
route,  and  between  all  points  within  this  State  and  all  points  without 
the  State  upon  every  route  leased,  operated  or  controlled  by  it,  and 
between  all  points  on  its  route  or  upon  any  route,  leased,  operated  or 
controlled  by  it  within  this  State  and  all  points  without  the  State 
upon  the  route  of  any  other  common  carrier  or  telegraph  or  telephone 
corporation,  whenever  a  through  route  and  joint  rate  shall  have  been 
established  between  any  two  such  points. 

§  19.  Preferences. — No  public  utility  shall,  as  to  rates,  charges,  ser- 
vice, facilities  or  in  any  other  respect,  make  or  grant  any  preference 
or  advantage  to  any  corporation  or  person  or  subject  any  corporation 
or  person  to  any  prejudice  or  disadvantage.  No  public  utility  shall 
establish  or  maintain  any  unreasonable  difference  as  to  rates,  charges, 
service,  facilities  or  in  any  other  respect,  either  as  between  localities 
or  as  between  classes  of  service.  The  commission  shall  have  the  power 
to  determine  any  question  of  fact  arising  under  this  section. 

§  20.  Economies — Profit  from  to  Inure  to  Public  Utility. — Nothing 
in  this  act  shall  be  taken  to  prohibit  any  public  utility  from  itself 
profiting,  to  the  extent  permitted  by  the  commission,  from  any  econo- 
mies, efficiencies  or  improvements  which  it  may  make,  and  from  dis- 
tributing by  way  of  dividends,  or  otherwise  disposing  of,  the  profits 
to  which  it  may  be  so  entitled,  and  the  commission  is  authorized  to 
make  or  permit  such  arrangement  or  arrangements  with  any  public 
utility  as  it  may  deem  wise  for  the  purpose  of  encouraging  economies, 
efficiencies  or  improvements  and  securing  to  the  public  utility  making 
the  same  such  portion,  if  any,  of  the  profits  thereof  as  the  commission 
may  determine. 

§  21.  Sliding  Scale  of  Charges — Profit-sharing. — Nothing  in  this  act 
shall  be  taken  to  prohibit  a  corporation  or  person  engaged  in  the  pro- 
duction, generation,  transmission  or  furnishing  of  heat,  light,  water 
or  power,  or  telegraph  or  telephone  service,  from  establishing  a  sliding 
scale   of   charges;  provided,   that   a   schedule   showing  such   scale   of 


844 

charges  shall  first  have  been  filed  with  the  commission  and  such  sched- 
ule and  each  rate  set  out  therein  approved  by  it.  Nothing  in  this 
act  shall  be  taken  to  prohibit  any  such  corporation  or  person  from 
entering  into  an  agreement  for  a  fixed  period  for  the  automatic  adjust- 
ment of  charges  for  heat,  light,  water  or  power,  or  telegraph  or  tele- 
phone service,  in  relation  to  the  dividends  to  be  paid  to  stockholders 
of  such  corporation,  or  the  profit  to  be  realized  by  such  person ;  pro- 
vided, that  a  schedule -showing  the  scale  of  charges  under  such  arrange- 
ment shall  first  have  been  filed  with  the  commission  and  such  schedule 
and  each  rate  set  out  therein  approved  by  it.  Nothing  in  this  section 
shall  prevent  the  commission  from  revoking  its  approval  at  any  time 
and  fixing  other  rates  and  charges  for  the  product  or  commodity  or 
service,  as  authorized  by  this  act. 

§  22.  Discrimination  Between  Utilities  Inter  Se  Prohibited — Con- 
necting Lines. —  (a)  Every  common  carrier  shall  afford  all  reasonable, 
proper  and  equal  facilities  for  the  prompt  and  efficient  interchange 
and  transfer  of  passengers,  tonnage  and  cars,  loaded  or  empty,  between 
the  lines  owned,  operated,  controlled  or  leased  by  it  and  the  lines  of 
every  other  common  carrier,  and  shall  make  such  interchange  and 
transfer  promptly  without  discrimination  between  shippers,  passengers 
or  carriers  either  as  to  compensation  charged,  service  rendered  or 
facilities  afforded.  Every  railroad  corporation  shall  receive  from 
every  other  railroad  corporation,  at  any  point  of  connection,  freight-cars 
of  proper  standard  and  in  proper  condition,  and  shall  haul  the  same  either 
to  destination,  if  the  destination  be  upon  a  line  owned,  operated  or 
controlled  by  such  railroad  corporation,  or  to  point  of  transfer  accord- 
ing to  route  billed,  if  the  destination  be  upon  the  line  of  some  other 
railroad  corporation. 

Joint  Rates. — Nothing  in  this  section  contained  shall  be  construed 
as  in  anywise  limiting  or  modifying  the  duty  of  a  common  carrier  to 
establish  joint  rates,  fares  and  charges  for  the  transportation  of  pas- 
sengers and  property  over  the  lines  owned,  operated,  controlled  or 
leased  by  it  and  the  lines  of  other  common  carriers,  nor  as  in  any  man- 
ner limiting  or  modifying  the  power  of  the  commission  to  require  the 
establishment  of  such  joint  rates,  fares  and  charges. 

(b)  Connecting  Telephone  and  Telegraph  Companies. — Every  tele- 
phone corporation  and  telegraph  corporation  operating  in  this  state 
shall  receive,  transmit  and  deliver,  without  discrimination  or  delay, 
the  conversations  and  messages  of  every  other  telephone  or  telegraph 
corporation  with  whose  line  a  physical  connection  may  have  been  made. 

§  23.  False  Billing,  etc.,  by  Carrier  or  Shipper. — (a)  No  common 
carrier,  or  any  officer  or  agent  thereof,  or  any  person  acting  for  or 
employed  by  it,  shall,  by  means  of  known  false  billing,  classification, 
weight,  weighing,  or  report  of  weight,  or  by  any  other  device  or  means, 
assist,  suffer  or  permit  any  corporation  or  person  to  obtain  transporta- 
tion for  any  person  or  property  between  points  within  this  State  at 
less  than  the  rates  and  fares  then  established  and  in  force  as  shown 


PUBLIC  UTILITIES  ACT.  845 

by  the  schedules  filed  and  in  effect  at  the  time.  No  person,  corpora- 
tion, or  any  officer,  agent  or  employee  of  a  corporation  shall,  by  means 
of  false  billing,  false  or  incorrect  classification,  false  weight  or  weigh- 
ing, false  representation  as  to  contents  or  substance  of  a  package,  or 
false  report  or  statement  of  weight,  or  by  any  other  device  or  means, 
whether  with  or  without  the  consent  or  connivance  of  a  common  carrier 
or  any  of  its  officers,  agents  or  employees,  seek  to  obtain  or  obtain 
such  transportation  for  such  property  at  less  than  the  rates  then  estab- 
lished and  in  force  therefor. 

(b)  False  Claims  for  Damages. — No  person  or  corporation,  or  any 
officer,  agent  or  employee  of  a  corporation,  shall  knowingly,  directly 
or  indirectly,  by  any  false  statement  or  representation  as  to  cost  or 
value,  or  the  nature  or  extent  of  an  injury,  or  by  the  use  of  any  false 
billing,  bill  of  lading,  receipt,  voucher,  roll,  account,  claim,  certificate, 
affidavit  or  deposition,  or  upon  any  false,  fictitious  or  fraudulent  state- 
ment or  entry,  obtain  or  attempt  to  obtain  any  allowance,  rebate  or 
payment  for  damage,  in  connection  with  or  growing  out  of  the  trans- 
portation of  persons  or  property,  or  an  agreement  to  transport  such 
persons  or  property,  whether  with  or  without  the  consent  or  connivance 
of  a  common  carrier  or  any  of  its  officers,  agents  or  employees;  nor 
shall  any  common  carrier,  or  any  officer,  agent  or  employee  thereof, 
knowingly  pay  or  offer  to  pay  any. such  allowance,  rebate  or  claim  for 
damage. 

§  24.  Long  and  Short  Haul  and  Service. — (a)  No  common  carrier 
subject  to  the  provisions  of  this  act  shall  charge  or  receive  any  greater 
compensation  in  the  aggregate  for  the  transportation  of  persons  or  of 
a  like  kind  of  property  for  a  shorter  than  for  a  longer  distance  over 
the  same  line  or  route  in  the  same  direction,  within  this  State,  the 
shorter  being  included  within  the  longer  distance,  or  charge  any 
greater  compensation  as  a  through  rate  than  the  aggregate  of  the 
intermediate  rates ;  but  this  shall  not  be  construed  as  authorizing  any 
such  common  carrier  to  charge  or  receive  as  great  a  compensation 
for  a  shorter  as  for  a  longer  distance  or  haul.  Upon  application  to  the 
commission,  such  common  carrier  may,  in  special  cases,  after  investi- 
gation, be  authorized  by  the  commission  to  charge  less  for  a  longer 
than  for  a  shorter  distance  for  the  transportation  of  persons  or  prop- 
erty, and  the  commission  may  from  time  to  time  prescribe  the  extent 
to  which  such  carrier  may  be  relieved  from  the  operation  and  require- 
ments of  this  section. 

(b)  Long  and  Short  Distance  Messages. — No  telephone  or  telegraph 
corporation  subject  to  the  provisions  of  this  act  shall  charge  or  receive 
any  greater  compensation  in  the  aggregate  for  the  transmission  of  any 
long  distance  message  or  conversation  for  a  shorter  than  for  a  longer 
distance  over  the  same  line  or  route  in  the  same  direction,  within  this 
State,  the  shorter  being  included  within  the  longer  distance,  or  charge 
any  greater  compensation  for  a  through  service  than  the  aggregate 
of  the  intermediate  rates  or  tolls  subject  to  the  provisions  of  this  act; 


846  .  hillyer's  legal  manual. 

but  this  shall  not  be  construed  as  authorizing  any  such  telephone  or 
telegraph  corporation  to  charge  and  receive  as  great  a  compensation 
for  a  shorter  as  for  a  longer  distance.  Upon  application  to  the  com- 
mission, a  telephone  or  telegraph  corporation  may,  in  special  cases, 
after  investigation,  be  authorized  by  the  commission  to  charge  less  for 
a  longer  than  for  a  shorter  distance  service  for  the  transmission  of 
messages  or  conversations,  and  the  commission  may  from  time  to  time 
prescribe  the  extent  to  which  such  telephone  or  telegraph  corporation 
may  be  relieved  from  the  operation  and  requirements  of  this  section. 

§  25.  Switch  and  Spur  Connections. — (a)  Every  railroad  corpora- 
tion, upon  the  application  of  any  corporation  or  person,  being  a  shipper 
or  receiver  or  contemplated  shipper  or  receiver  of  freight,  for  a  con- 
nection between  the  railroad  of  such  railroad  corporation  and  any  ex- 
isting or  contemplated  private  track,  tracks  or  railroad  of  such  corpo- 
ration or  person,  shall  make  such  connection  and  provide  such  switches 
and  tracks  as  may  be  necessary  for  that  purpose  and  deliver  and  re- 
ceive cars  thereover;  provided,  that  such  connection  is  reasonably  prac- 
ticable and  can  be  installed  and  used  without  materially  increasing 
the  hazard  of  the  operation  of  the  railroad  with  which  such  connection 
is  sought,  and  that  the  business  w^hich  may  reasonably  be  expected 
to  be  received  by  such  railroad  corporation  over  such  connection  is 
sufficient  to  justify  the  expense  of  such  connection  to  such  railroad 
corporation. 

(b)  Shippers  to  Construct  Spurs. — Under  the  conditions  specified  in 
the  proviso  in  subsection  (a)  hereof,  every  railroad  corporation,  upon 
the  application  of  any  corporation  or  person,  being  a  shipper  or  re- 
ceiver or  contemplated  shipper  or  receiver  of  freight,  shall  construct 
upon  its  right  of  w^ay  a  spur  or  spurs  for  the  purpose  of  receiving  and 
delivering  freight  thereby,  and  shall  receive  and  deliver  freight  thereby. 

§  26.  Foreign  Public  Utilities  Excluded. — No  foreign  corporation, 
other  than  those  which  by  a  compliance  with  the  laws  of  this  State 
are  entitled  to  transact  a  public  utility  business  within  this  State,  shall 
henceforth  transact  within  this  State  any  public  utility  business,  nor 
shall  any  foreign  corporation  which  is  at  present  lawfully  transacting 
business  within  this  state  henceforth  transact  within  this  State  any 
public  utility  business  of  a  character  different  from  that  w^hich  it  is 
at  present  authorized  by  its  charter  or  articles  of  incorporation  to 
transact,  nor  shall  any  license,  permit  or  franchise  to  own,  control, 
operate  or  manage  any  public  utility  business  or  any  part  or  incident 
thereof  be  henceforth  granted  or  transferred,  directly  or  indirectly, 
to  any  foreign  corporation  which  is  not  at  present  lawfully  transacting 
within  this  State  a  public  utility  business  of  like  character;  provided, 
that  foreign  corporations  engaging  in  commerce  with  foreign  nations 
or  commerce  among  the  several  states  of  this  Union  may  transact 
within  this  State  such  eommerce  and  intrastate  commerce  of  a  like 
character. 

§  27.  Fares  and  Transfers  on  Street  Railroads. — No  street  or  inter- 
urban  railroad   corporation   shall   charge,   demand,   collect   or  receive 


PUBLIC  UTILITIES  ACT.  847 

more  than  five  cents  for  one  continuous  ride  in  the  same  general  direc- 
tion within  the  corporate  limits  of  any  city  and  county,  or  city  or  town, 
except  upon  a  showing  before  the  commission  that  such  greater  charge 
is  justified;  provided,  that  until  the  decision  of  the  commission  upon 
such  showing,  a  street  or  interurban  railroad  corporation  may  con- 
tinue to  demand,  collect  and  receive  the  fare  in  effect  on  October  10, 
1911,  or  at  the  time  the  commission  acquires  as  to  such  corporation 
the  power  to  fix  fares  within  such  city  and  county,  or  city  or  town. 
Every  street  or  interurban  railroad  corporation  shall  upon  such  terms 
as  the  commission  shall  find  to  be  just  and  reasonable  furnish  to  its 
passengers  transfers  entitling  them  to  one  continuous  trip  in  the  same 
general  direction  over  and  upon  the  portions  of  its  lines  within  the 
same  city  and  county,  or  city  or  town,  not  reached  by  the  originating 
car. 

§  28.  Requests  for  Information. — (a)  Every  public  utility  shall 
furnish  to  the  commission  in  such  form  and  such  detail  as  the  commis- 
sion shall  prescribe  all  tabulations,  computations  and  all  other  infor- 
mation required  by  it  to  carry  into  effect  any  of  the  provisions  of  this 
act,  and  shall  make  specific  answers  to  all  questions  submitted  by  the 
commission. 

(b)  Blanks. — Every  public  utility  receiving  from  the  commission 
any  blanks  with  directions  to  fill  the  same  shall  cause  the  same  to  be 
properly  filled  out  so  as  to  answer  fully  and  correctly  each  question 
propounded  therein;  in  case  it  is  unable  to  answer  any  question,  it 
shall  give  a  good  and  sufficient  reason  for  such  failure. 

(c)  Copies  of  Records. — Whenever  required  by  the  commission,  every 
public  utility  shall  deliver  to  the  commission  copies  of  any  or  all  maps, 
profiles,  contracts,  agreements,  franchises,  reports,  books,  accounts, 
papers  and  records  in  its  possession  or  in  any  way  relating  to  its  prop- 
erty or  affecting  its  business  and  also  a  complete  inventory  of  all  its 
property  in  such  form  as  the  commission  may  direct. 

(d)  Divulging  Information. — No  information  furnished  to  the  com- 
mission by  a  public  utility,  except  such  matters  as  are  specifically  re- 
quired to  be  open  to  public  inspection  by  the  provisions  of  this  act, 
shall  be  open  to  public  inspection  or  made  public  except  on  order  of 
the  commission,  or  by  the  commission  or  a  commissioner  in  the  course 
of  a  hearing  or  proceeding.  Any  officer  or  employee  of  the  commis- 
sion who,  in  violation  of  the  provisions  of  this  subsection,  divulges  any 
such  information  shall  be  guilty  of  a  misdemeanor. 

§  29.  Reports. — Every  public  utility  shall  annually  furnish  to  the 
commission  at  such  time  and  in  such  form  as  the  commission  may  re- 
quire a  report  in  which  the  utility  shall  specifically  answer  all  ques- 
tions propounded  by  the  commission  upon  or  concerning  which  the 
commission  may  desire  information.  The  commission  shall  have  au- 
thority to  require  any  public  utility  to  file  monthly  reports  of  earnings 
and  expenses,  and  to  file  periodical  or  special,  or  both  periodical  and 
special  reports  concerning  any  matter  about  which  the  commission  is 


848 

authorized  by  this  or  any  other  act  to  inquire  or  to  keep  itself  informed, 
or  which  it  is  required  to  enforce.  All  reports  shall  be  under  oath 
when  required  by  the  commission. 

§  30.  Compliance  With  Commission's  Orders. — Every  public  utility 
shall  obey  and  comply  with  each  and  every  requirement  of  every  order, 
decision,  direction,  rule  or  regulation  made  or  prescribed  by  the  com- 
mission in  the  matters  herein  specified,  or  any  other  matter  in  any  way 
relating  to  or  affecting  its  business  as  a  public  utility,  and  shall  do 
everything  necessary  or  proper  in  order  to  secure  compliance  with  and 
observance  of  every  such  order,  decision,  direction,  rule  or  regulation 
by  all  of  its  officers,  agents  and  employees. 

§  31.  Powers  of  Commission. — The  railroad  commission  is  hereby 
vested  w4th  power  and  jurisdiction  to  supervise  and  regulate  every 
public  utility  in  the  State  and  to  do  all  things,  whether  herein  spe- 
cifically designated  or  in  addition  thereto,  which  are  necessary  and 
convenient  in  the  exercise  of  such  power  and  jurisdiction. 

§  32.  Charges  to  be  Fixed  by  Commission. —  (a)  "Whenever  the  com- 
mission, after  a  hearing  had  upon  its  own  motion  or  upon  complaint, 
shall  find  that  the  rates,  fares,  tolls,  rentals,  charges  or  classifications, 
or  any  of  them,  demanded,  observed,  charged  or  collected  by  any  pub- 
lie  utility  for  any  service  or  product  or  commodity,  or  in  connection 
therewith,  including  the  rates  or  fares  for  excursion  or  commutation 
tickets,  or  that  the  rules,  regulations,  practices  or  contracts,  or  any  of 
them,  affecting  such  rates,  fares,  tolls,  rentals,  charges  or  classifications, 
or  any  of  them,  are  unjust,  unreasonable,  discriminatory  or  preferen- 
tial, or  in  anywise  in  violation  of  any  provision  of  law,  or  that  such 
rates,  fares,  tolls,  rentals,  charges  or  classifications  are  insufficient,  the 
commission  shall  determine  the  just,  reasonable  or  sufficient  rates, 
fares,  tolls,  rentals,  charges,  classifications,  rules,  regulations,  practices 
or  contracts  to  be  thereafter  observed  and  in  force,  and  shall  fix  the 
same  by  order  as  hereinafter  provided. 

(b)  Powers  of  Commission  in  Investigations. — The  commission  shall 
have  power,  upon  a  hearing,  had  upon  its  own  motion  or  upon  com- 
plaint, to  investigate  a  single  rate,  fare,  toll,  rental,  charge,  classifica- 
tion, rule,  regulation,  contract  or  practice,  or  any  number  thereof,  or 
the  entire  schedule  or  schedules  of  rates,  fares,  tolls,  rentals,  charges, 
classifications,  rules,  regulations,  contracts  and  practices,  or  any 
thereof,  of  any  public  utility,  and  to  establish  new  rates,  fares,  tolls, 
rentals,  charges,  classifications,  rules,  regulations,  contracts  or  practices, 
or  schedule  or  schedules,  in  lieu  thereof. 

§  33.  Joint  Rates  and  Through  Routes  on  Common  Carriers. — When- 
ever the  commission,  after  a  hearing  had  upon  its  own  motion  or  upon 
complaint,  shall  find  that  the  rates,  fares  or  charges  in  force  over  two 
or  more  common  carriers,  between  any  two  points  in  this  State,  are 
unjust,  unreasonable  or  excessive,  or  that  no  satisfactory  through  route 
or  joint  rate,  fare  or  charge  exists  between  such  points,  and  that  the 
public  convenience  and  necessity  demand  the  establishment  of  a  through 


PUBLIC  UTILITIES  ACT.  849 

route  and  joint  rate,  fare  or  charge  between  such  points,  the  commis- 
sion may  order  such  common  carriers  to  establish  such  through  route 
and  may  establish  and  fix  a  joint  rate,  fare  or  charge  which  will  be 
fair,  just,  reasonable  and  sufficient,  to  be  followed,  charged,  enforced, 
demanded  and  collected  in  the  future,  and  the  terms  and  conditions 
under  which  such  through  route  shall  be  operated.  The  commission 
may  order  that  freight  moving  between  such  points  shall  be  carried 
by  the  different  common  carriers,  parties  to  such  through  route  and 
joint  rate,  without  being  transferred  from  the  originating  cars.  In 
case  the  common  carriers  do  not  agree  upon  the  division  between  them 
of  the  joint  rates,  fares  or  charges  established  by  the  commissioner 
over  such  through  routes,  the  commission  shall,,  after  hearing,  by  sup- 
plemental order,  establish  such  division ;  provided,  that  where  any 
railroad  which  is  made  a  party  to  a  through  route  has  itself  over  its 
own  line  an  equally  satisfactory  through  route  between  the  termini  of 
the  through  route  established,  such  railroad  shall  have  the  right  to  re- 
quire as  its  division  of  the  joint  rate,  fare  or  charge  its  local  rate, 
fare  or  charge  over  the  portion  of  its  line  comprised  in  such  through 
route,  and  the  commission  may,  in  its  discretion,  allow^  to  such  railroad 
more  than  its  local  rate,  fare  or  charge  w^henever  it  will  be  equitable 
so  to  do.  The  commission  shall  have  the  power  to  establish  and  fix 
through  routes  and  joint  rates,  fares  or  charges  over  common  carriers 
and  stage  or  auto  stage  lines  and  to  fix  the  division  of  such  joint  rates, 
fares  or  charges. 

§  34.  Interstate  Rates. — The  commission  shall  have  the  power  to 
investigate  all  existing  or  proposed  interstate  rates,  fares,  tolls, 
charges  and  classifications,  and  all  rules  and  practices  in  relation 
thereto,  for  or  in  relation  to  the  transportation  of  persons  or  property 
or  the  transmission  of  messages  or  conversations,  where  any  act  in 
relation  thereto  shall  take  place  within  this  State ;  and  w^hen  the  same 
are,  in  the  opinion  of  the  commission,  excessive  or  discriminatory  or 
in  violation  of  the  act  of  Congress  entitled  ^'An  act  to  regulate  com- 
merce," approved  February  4th,  1887,  and  the  acts  amendatory  thereof 
and  supplementary  thereto,  or  of  any  other  act  of  Congress,  or  in 
conflict  with  the  rulings,  orders  or  regulations  of  the  Interstate  Com- 
merce Commission,  the  commission  may  apply  by  petition  or  other- 
wise to  the  Interstate  Commerce  Commission  or  to  any  court  of  com- 
petent jurisdiction  for  relief. 

§  35.     Service,  Equipment,  Facilities  to  be  Fixed  by  the  Commission. 

Whenever  the  commission,  after  a  hearing  had  upon  its  own  motion 
or,  upon  complaint,  shall  find  that  the  rules,  regulations,  practices, 
equipment,  appliances,  facilities  or  service  of  any  public  utility,  or  the 
methods  of  manufacture,  distribution,  transmission,  storage  or  supply 
employed  by  it,  are  unjust,  unreasonable,  unsafe,  improper,  inadequate 
or  insufficient,  the  commission  shall  determine  the  just,  reasonable, 
safe,  proper,  adequate  or  sufficient  rules,  regulations,  practices,  equip- 
ment, appliances,  facilities,  service  or  methods  to  be  observed,  fur- 
54 


850  hillyer's  legal  manual. 

nished,  constructed,  enforced  or  employed,  and  shall  fix  the  same  by 
its  order,  rule  or  regulation.  The  commission  shall  prescribe  rules 
and  regulations  for  the  performance  of  any  service  or  the  furnishing 
of  any  commodity  of  the  character  furnished  or  supplied  by  any  pub- 
lic utility,  and,  on  proper  demand  and  tender  of  rates,  such  public 
utility  shall  furnish  such  commodity  or  render  such  service  within  the 
time  and  upon  the  conditions  provided  in  such  rules. 

§  36.  Power  of  Commission  to  Order  Additions,  Improvements, 
Changes. — Whenever  the  commission,  after  a  hearing  had  upon  its  own 
motion  or  upon  complaint,  shall  find  that  additions,  extensions,  repairs 
or  improvements  to,  or  changes  in,  the  existing  plant,  equipment,  ap- 
paratus, facilities  or  other  physical  property  of  any  public  utility  or 
of  any  two  or  more  public  utilities  ought  reasonably  to  be  made,  or 
that  a  new  structure  or  structures  should  be  erected,  to  promote  the 
security  or  convenience  of  its  employees  or  the  public,  or  in  any  other 
way  to  secure  adequate  service  or  facilities,  the  commission  shall  make 
and  serve  an  order  directing  that  such  additions,  extensions,  repairs, 
improvements  or  changes  be  made  or  such  structure  or  structures  be 
erected  in  the  manner  and  within  the  time  specified  in  said  order.  If 
the  commission  orders  the  erection  of  a  new  structure,  it  may  also 
fix  the  site  thereof.  If  any  additions,  extensions,  repairs,  improve- 
ments or  changes,  or  any  new  structure  or  structures  which  the  com- 
mission has  ordered  to  be  erected,  require  joint  action  by  two  or  more 
public  utilities,  the  commission  shall  notify  the  said  public  utilities 
that  such  additions,  extensions,  repairs,  improvements  or  changes  or 
new  structure  or  structures  have  been  ordered  and  that  the  same  shall 
be  made  at  their  joint  cost,  whereupon  the  said  public  utilities  shall 
have  such  reasonable  time  as  the  commission  may  grant  within  which 
to  agree  upon  the  portion  or  division  of  cost  of  such  additions,  exten- 
sions, repairs,  improvements  or  changes  or  new  structure  or  structures, 
which  each  shall  bear.  If  at  the  expiration  of  such  time  such  public 
utilities  shall  fail  to  file  with  the  commission  a  statement  that  an  agree- 
ment has  been  made  for  a  division  or  apportionment  of  the  cost  or  ex- 
pense of  such  additions,  extensions,  repairs,  improvements  or  changes, 
or  new  structure  or  structures,  the  commission  shall  have  authority, 
after  further  hearing,  to  make  an  order  fixing  the  proportion  of  such 
cost  or  expense  to  be  borne  by  each  public  utility  and  the  manner  in 
which  the  same  shall  be  paid  or  secured. 

§  37.  Power  of  Commission  to  Order  Changes  in  Time  Schedules  and 
Running  of  Additional  Cars  and  Trains. — Whenever  the  commission, 
after  a  hearing  had  upon  its  own  motion  or  upon  complaint,  shall  find 
that  any  railroad  corporation  or  street  railroad  corporation  does  not 
run  a  sufficient  number  of  trains  or  cars,  or  possess  or  operate  suffi- 
cient motive  power,  reasonably  to  accommodate  the  traffic,  passenger 
or  freight,  transported  by  or  offered  for  transportation  to  it,  or  does 
not  run  its  trains  or  cars  with  sufficient  frequency  or  at  a  reasonable 
or  proper  time  having  regard  to  safety,  or  does  not  stop  the  same 


PUBLIC  UTILITIES  ACT.  851 

at  proper  places,  or  does  not  run  any  train  or  trains,  car  or  ears,  upon 
a  reasonable  time  schedule  for  the  run,  the  commission  shall  have 
power  to  make  an  order  directing  any  such  railroad  corporation  or 
street  railroad  corporation  to  increase  the  number  of  its  trains  or  of 
its  cars  or  its  motive  power  or  to  change  the  time  for  starting  its 
trains  or  cars  or  to  change  the  time  schedule  for  the  run  of  any  train 
or  car,  or  to  change  the  stopping  place  or  places  thereof,  or  to  make 
any  other  order  that  the  commission  may  determine  to  be  reasonably 
necessary  to  accommodate  and  transport  the  traffic,  passenger  or 
freight,  transported  or  offered  for  transportation. 

§  38.  Track  Connections. — Whenever  the  commission,  after  a  hear- 
ing had  upon  its  own  motion  or  upon  complaint,  shall  find  that  the 
public  convenience  and  necessity  would  be  subserved  by  having  con- 
nections made  between  the  tracks  of  any  two  or  more  railroad  or  street 
railroad  corporations,  so  that  cars  may  readily  be  transferred  from 
one  to  the  other,  at  any  of  the  points  hereinafter  in  this  section  speci- 
fied, the  commission  may  order  any  two  or  more  such  corporations 
owning,  controlling,  operating  or  managing  tracks  of  the  same  gauge 
to  make  physical  connections  at  any  and  all  crossings,  and  at  all  points 
where  a  railroad  or  street  railroad  shall  begin  or  terminate  or  run 
near  to  any  other  railroad  or  street  railroad.  After  the  necessary  fran- 
chise or  permit  has  been  secured  from  the  city  and  county,  or  city  or 
town,  the  commission  may  likewise  order  such  physical  connection, 
within  such  city  and  county,  or  city  or  town,  between  two  or  more 
railroads  which  enter  the  limits  of  the  same.  The  commission  shall 
by  order  direct  whether  the  expense  of  the  connections  referred  to  in 
this  section  shall  be  borne  jointly  or  otherwise. 

§  39.  Switch  and  Spur  Connections — Interchange  Switching  to  In- 
dustrial Tracks. — (a)  Whenever  the  commission,  after  a  hearing  had 
upon  its  own  motion  or  upon  complaint,  shall  find  that  application  has 
been  made  by  any  corporation  or  person  to  a  railroad  corporation  for 
a  connection  or  spur  as  provided  in  section  25  of  this  act,  and  that 
the  railroad  corporation  has  refused  to  provide  such  connection  or 
spur  and  that  the  applicant  is  entitled  to  have  the  same  provided  for 
him  under  said  section  25,  the  commission  shall  make  an  order  requir- 
ing the  providing  of  such  connection  or  spur  and  the  maintenance  and 
use  of  the  same  upon  reasonable  terms  which  the  commission  shall  have 
the  power  to  prescribe.  Whenever  any  such  connection  or  spur  has 
been  so  provided,  any  corporation  or  person  shall  be  entitled  to  con- 
nect with  the  private  track,  tracks  or  railroad  thereby  connected  with 
the  railroad  of  the  railroad  corporation  and  to  use  the  same  or  to  use 
the  spur  so  provided  upon  payment  to  the  party  or  parties  incurring 
the  primary  expense  of  such  private  track,  tracks  or  railroad,  or  the 
connection  therewith  or  of  such  spur,  of  a  reasonable  proportion  of  the 
cost  thereof  to  be  determined  by  the  commission  after  notice  to  the 
interested  parties  and  a  hearing  thereon;  provided,  that  such  connec- 
tion and  use  can  be  made  without  unreasonable  interference  with  the 
rights  of  the  party  or  parties  incurring  such  primary  expense. 


852  HILLYER^S  LEGAL  MANUAL. 

(b)  Power  to  Require  Switching  of  Cars  of  Connecting  Railroad. — 

The  commission  shall  likewise  have  the  power  to  require  one  railroad 
corporation  to  switch  to  private  spurs  and  industrial  tracks  upon  its 
own  railroad  the  cars  of  a  connecting  railroad  corporation  and  to  pre- 
scribe the  terms  and  compensation  for  such  service. 

§  40.  Physical  Connections  and  Joint  Rates — ^Telephone  and  Tele- 
graph Corporations. — Whenever  the  commission,  after  a  hearing  had 
upon  its  own  motion  or  upon  complaint,  shall  find  that  a  physical  con- 
nection can  reasonably  be  made  between  the  lines  of  two  or  more  tele- 
phone corporations  or  two  or  more  telegraph  corporations  whose  lines 
can  be  made  to  form  a  continuous  line  of  communication,  by  the  con- 
struction and  maintenance  of  suitable  connections  for  the  transfer  of 
messages  or  conversations,  and  that  public  convenience  and  necessity 
will  be  subserved  thereby,  or  shall  find  that  two  or  more  telegraph 
or  telephone  corporations  have  failed  to  establish  joint  rates,  tolls  or 
charges  for  service  by  or  over  their  said  lines,  and  that  joint  rates,  tolls 
or  charges  ought  to  be  established,  the  commission  may,  by  its  order, 
require  that  such  connection  be  made,  except  where  the  purpose  of  such 
connection  is  primarily  to  secure  the  transmission  of  local  messages  or 
conversations  between  points  within  the  same  city  and  county,  or  city 
or  town,  and  that  conversations  be  transmitted  and  messages  trans- 
ferred over  such  connection  under  such  rules  and  regulations  as  the 
commission  may  establish,  and  prescribe  through  lines  and  joint  rates, 
tolls  and  charges  to  be  made,  and  to  be  used,  observed  and  in  force 
in  the  future.  If  such  telephone  or  telegraph  corporations  do  not 
agree  upon  the  division  between  them  of  the  cost  of  such  physical  con- 
nection or  connections  or  the  division  of  the  joint  rates,  tolls,  or  charges 
established  by  the  commission  over  such  through  lines,  the  commission 
shall  have  authority,  after  further  hearing,  to  establish  such  division 
by  supplemental  order. 

§  41.  Use  of  Joint  Facilities. — Whenever  the  commission,  after  a 
hearing  had  upon  its  own  motion  or  upon  complaint  of  a  public  utility 
affected,  shall  find  that  public  convenience  and  necessity  require  the 
use  by  one  public  utility  of  the  conduits,  subways,  tracks,  wires,  poles, 
pipes  or  other  equipment,  or  any  part  thereof,  on,  over,  or  under  any 
street  or  highway,  and  belonging  to  another  public  utility,  and  that 
such  use  will  not  result  in  irreparable  injury  to  the  owner  or  other 
users  of  such  conduits,  subways,  tracks,  wires,  poles,  pipes,  or  other 
equipment  or  in  any  substantial  detriment  to  the  service,  and  that 
such  public  utilities  have  failed  to  agree  upon  such  use  or  the  terms, 
and  conditions  or  compensation  for  the  same,  the  commission  may  by 
order  direct  that  such  use  be  permitted,  and  prescribe  a  reasonable 
compensation  and  reasonable  terms  and  conditions  for  the  joint  use. 
If  such  use  be  directed,  the  public  utility  to  whom  the  use  is  permitted 
shall  be  liable  to  the  owner  or  other  users  of  such  conduits,  subways, 
tracks,  wires,  poles,  pipes  or  other  equipment  for  such  damage  as  may 
result  therefrom  to  the  property  of  such  owner  or  other  users  thereof. 


PUBLIC  UTILITIES  ACT.  853 

§  42.  Health  and  Safety— Safety  Devices.— The  commission  shall 
have  power,  after  a  hearing  had  upon  its  own  motion  or  upon  com- 
plaint, by  general  or  special  orders,  rules  or  regulations,  or  otherwise, 
to  require  every  public  utility  to  construct,  maintain  and  (xperate  its 
line,  plant,  system,  equipment,  apparatus,  tracks  and  premises  in  such 
manner  as  to  promote  and  safeguard  the  health  and  safety  of  its  em- 
ployees, passengers,  customers,  and  the  public,  and  to  this  end  to  pre- 
scribe, among  other  things,  the  installation,  use,  maintenance  and 
operation  of  appropriate  safety  or  other  devices  or  appliances,  includ- 
ing interlocking  and  other  protective  devices  at  grade  crossings  or 
junctions  and  block  or  other  systems  of  signaling,  to  establish  uniform 
or  other  standards  of  construction  and  equipment,  and  to  require  the 
performance  of  any  other  act  which  the  health  or  safety  of  its  em- 
ployees, passengers,  customers  or  the  public  may  demand. 

§  43.  Grade  Crossings. — (a)  No  public  road,  highway  or  street 
shall  hereafter  be  constructed  across  the  track  of  any  railroad  corpo- 
ration at  grade,  nor  shall  the  track  or  any  railroad  corporation  be 
constructed  across  a  public  road,  highway  or  street  at  grade,  nor  shall 
the  track  of  any  railroad  corporation  be  constructed  across  the  track 
of  any  other  railroad  or  street  railroad  corporation  at  grade,  nor  shall 
the  track  of  a  street  railroad  corporation  be  constructed  across  the 
track  of  a  railroad  corporation  at  grade,  without  having  first  secured 
the  permission  of  the  commission;  provided,  that  this  subsection  shall 
not  apply  to  the  replacement  of  lawfully  existing  tracks.  The  com- 
mission shall  have  the  right  to  refuse  its  permission  or  to  grant  it  upon 
such  terms  and  conditions  as  it  may  prescribe. 

(b)  Powers  of  Commission  in  Presenting  Crossings. — The  commis- 
sion shall  have  the  exclusive  power  to  determine  and  prescribe  the 
manner,  including  the  particular  point  of  crossing,  and  the  terms  of 
installation,  operation,  maintenance,  use  and  protection  of  each  cross- 
ing of  one  railroad  by  another  railroad  or  street  railroad,  and  of  a 
street  railroad  by  a  railroad,  and  of  each  crossing  of  a  public  road  or 
highway  by  a  railroad  or  street  railroad  and  of  a  street  by  a  railroad 
or  vice  versa,  subject  to  the  provisions  of  section  2694  of  the  Political 
Code,  so  far  as  applicable,  and  to  alter  or  abolish  any  such  crossing, 
and  to  require  where,  in  its  judgment,  it  would  be  practicable,  a  sepa- 
ration of  grades  at  any  such  crossing  heretofore  or  hereafter  estab- 
lished and  to  prescribe  the  terms  upon  which  such  separation  shall  be 
made  and  the  proportions  in  which  the  expense  of  the  alteration  or 
abolition  of  such  crossings  or  the  separation  of  such  grades  shall  be 
divided  between  the  railroad  or  street  railroad  corporations  affected 
or  between  such  corporations  and  the  state,  county,  municipality  or 
other  public  authority  in  interest. 

§  44.  Investigation  of  Accidents — Reports  to  Commission.— The 
commission  shall  investigate  the  cause  of  all  accidents  occurring  within 
this  State  upon  the  property  of  any  public  utility  or  directly  or  indi- 
rectly arising  from  or  connected  with  its  maintenance  or  operation, 


854  hillyer's  legal  manual. 

resulting  in  loss  of  life  or  injury  to  person  or  property  and  requiring, 
in  the  judgment  of  the  commission,  investigation  by  it,  and  shall  have 
the  power  to  make  such  order  or  recommendation  with  respect  thereto 
as  in  its  judgment  may  seem  just  and  reasonable ;  provided,  that  neither 
the  order  or  recommendation  of  the  commission  nor  any  accident  report 
filed  with  the  commission  shall  be  admitted  as  evidence  in  any  action 
for  damages  based  on  or  arising  out  of  the  loss  of  life,  or  injury  to 
person  or  property,  in  this  section  referred  to.  Every  public  utility  is 
hereby  required  to  file  with  the  commission,  under  such  rules  and 
regulations  as  the  commission  may  prescribe,  a  report  of  each  accident 
so  occurring  of  such  kinds  or  classes  as  the  commission  may  from  time 
to  time  designate. 

§  45.     Power  of  Commission  to  Provide  Rules  for  Expediting  Traffic. 

(a)  The  commission  shall  have  power  to  provide  by  proper  rules  and 
regulations  the  time  within  which  all  railroad  corporations  shall  fur- 
nish, after  demand  therefor,  all  cars,  equipment  and  facilities  neces- 
sary for  the  handling  of  freight  in  carload  and  less  than  carload  lots, 
the  time  within  which  consignors  or  persons  ordering  cars  shall  load 
the  same,  and  the  time  within  which  consignees  or  persons  to  whom 
freight  may  be  consigned  shall  unload  and  discharge  the  same  and 
receive  freight  from  the  freight-rooms,  and  to  provide  penalties  to  be 
paid  for  failure  on  the  part  of  the  railroad  corporations,  consignors  and 
consignees  to  conform  to  such  rules.  Charges  for  demurrage  shall  be 
uniform  so  that  the  same  penalty  shall  be  paid  by  both  shipper  or 
consignee  and  railroad  corporation  for  an  equal  number  of  cars  for 
each  day  for  which  demurrage  is  charged. 

(b)  Express  and  Telegraph  Rules  and  Regulations. — The  commission 
shall  also  have  power  to  provide  the  time  within  which  express  pack- 
ages shall  be  received,  gathered,  transported  and  delivered  at  destina- 
tion, and  the  limits  within  which  express  packages  shall  be  gathered 
and  distributed  and  telegraph  and  telephone  messages  delivered  with- 
out extra  charge. 

§  46.    Power  of  Commission  as  to  Service,  etc.,  of  Public  Utilities. — 

(a)  The  commission  shall  have  power,  after  hearing  had  upon  its  own 
motion  or  upon  complaint,  to  ascertain  and  fix  just  and  reasonable 
standards,  classifications,  regulations,  practices,  measurements  or  ser- 
vice to  be  furnished,  imposed,  observed  and  followed  by  all  electrical, 
gas  and  water  corporations ;  to  ascertain  and  fix  adequate  and  service- 
able standards  for  the  measurement  of  quantity,  quality,  pressure, 
initial  voltage  or  other  condition  pertaining  to  the  supply  of  the  prod- 
uct, commodity  or  service  furnished  or  rendered  by  any  such  public 
utility;  to  prescribe  reasonable  regulations  for  the  examination  and 
testing  of  such  product,  commodity  or  service  and  for  the  measure- 
ment thereof;  to  establish  reasonable  rules,  regulations,  specifications 
and  standards  to  secure  the  accuracy  of  all  meters  and  appliances  for 
measurements;  and  to  provide  for  the  examination  and  testing  of  any 
and  all  appliances  used  for  the  measurement  of  any  product,  commodity 
or  service  of  any  such  public  utility. 


PUBLIC  UTILITIES  ACT.  855 

(b)  Right  of  Entry. — The  commissioners  and  their  officers  and  em- 
ployees shall  have  power  to  enter  upon  any  premises  occupied  by  any 
public  utility,  for  the  purpose  of  making  the  examinations  and  tests 
and  exercising  any  of  the  other  powers  provided  for  in  this  act,  and 
to  set  up  and  use  on  such  premises  any  apparatus  and  appliances  neces- 
sary therefor.  The  agents  and  employees  of  such  public  utility  shall 
have  the  right  to  be  present  at  the  making  of  such  examinations  and 
tests. 

(c)  Testing  Measurements — Fees. — Any  consumer  or  user  of  any 
product,  commodity  or  service  of  a  public  utility  may  have  any  appli- 
ance used  in  the  measurement  thereof  tested  upon  paying  the  fees  fixed 
by  the  commission.  The  commission  shall  establish  and  fix  reasonable 
fees  to  be  paid  for  testing  such  appliances  on  the  request  of  the  con- 
sumer or  user,  the  fee  to  be  paid  by  the  consumer  or  user  at  the  time 
of  his  request,  but  to  be  paid  by  the  public  utility  and  repaid  to  the 
consumer  or  user  if  the  appliance  is  found  defective  or  incorrect  to  the 
disadvantage  of  the  consumer  or  user,  under  such  rules  and  regulations 
as  may  be  prescribed  by  the  commission. 

§  47.  Valuation  of  Property. — The  commission  shall  have  power  to 
ascertain  the  value  of  the  property  of  every  public  utility  in  this  State 
and  every  fact  which  in  its  judgment  may  or  does  have  any  bearing 
on  such  value.  The  commission  shall  have  power  to  make  revaluations 
from  time  to  time  and  to  ascertain  all  new  construction,  extensions  and 
additions  to  the  property  of  every  public  utility. 

Acquisition  of  Public  Utility  by  Municipality. — Any  county,  city  and 
county,  incorporated  city  or  town  or  municipal  water  district  may  at 
any  time  file  with  the  commission  a  petition  setting  forth  the  intention 
of  said  county,  city  and  county,  incorporated  city  or  town  or  municipal 
water  district  to  acquire  under  eminent  domain  proceedings,  or  other- 
wise, any  existing  public  utility,  and  the  lands,  property  and  rights 
of  any  character  whatsoever  connected  with  such  existing  public 
utility,  or  any  part  or  portion  thereof.  Said  petition  shall  give  a  full 
and  complete  description  of  said  public  utility,  lands,  property  and 
rights,  or  the  parts  or  portions  thereof  it  is  so  intended  to  acquire,  and 
may  pray  that  the  commission  fix  and  determine  the  just  compensation 
which  shall  be  paid  by  such  county,  city  and  county,  incorporated  city 
or  town,  or  municipal  water  district,  under  the  law,  for  said  public 
utility  and  said  lands,  property  and  rights  thereof,  or  the  parts  or  por- 
tions thereof  sought  to  be  acquired.  Or  the  legislative  or  other 
governing  body  of  any  such  county,  city  and  county,  incorporated  city 
or  town,  or  municipal  water  district  may  file  with  the  commission  a 
petition  setting  forth  its  intention  to  initiate  such  proceedings  as  may 
be  required  under  the  law  governing  such  county,  city  and  county, 
incorporated  city  or  town  or  municipal  water  district,  for  the  purpose 
of  submitting  to  the  voters  of  said  county,  city  and  county,  incorpo- 
rated city  or  town,  or  municipal  water  district  a  proposition  to  acquire 
under  eminent  domain  proceedings,  or  otherwise,  any  existing  public 


856  hillyer's  legal  manual. 

utility  and  the  lands,  property  and  rights  of  any  character  whatsoever 
connected  with  such  existing  public  utility,  or  any  parts  or  portions 
thereof.  Such  petition  shall  give  a  full  and  complete  description  of 
the  said  public  utility,  lands,  property,  rights,  or  the  parts  or  portions 
thereof  concerning  which  it  is  so  intended  to  initiate  said  proceedings 
as  above  described.  Upon  either  of  such  petitions  being  filed,  the 
commission  shall  proceed  to  fix  and  determine  the  just  compensation  that 
should  be  paid  to  the  owner  of  such  public  utility  and  the  lands,  prop- 
erty and  rights  thereof,  or  any  such  parts  or  portions  thereof,  in  the 
manner  and  in  accordance  with  the  provisions  of  section  70  of  this  act. 
In  the  case  of  the  petition  first  above  described,  within  sixty  days  after 
the  commission  shall  have  certified,  in  accordance  with  section  70,  its 
findings  as  to  the  just  compensation  that  should  be  so  paid  for  such 
existing  public  utility  and  the  lands,  property  and  rights  thereof,  or  any 
such  parts  or  portions  thereof,  the  said  county,  city  and  county,  incor- 
porated city  or  town  or  municipal  water  district  must  commence  an 
action  in  a  court  of  competent  jurisdiction  and  in  a  manner  in  accord- 
ance with  the  provisions  of  law,  to  take  under  eminent  domain  proceed- 
ings said  existing  public  utility  and  the  lands,  property  and  rights 
thereof  or  any  such  parts  or  portions  thereof,  the  value  of  which  has 
been  so  fixed  and  determined  as  herein  provided,  unless  the  owner  of 
such  existing  public  utility  and  the  lands,  property  and  rights  thereof, 
or  any  such  parts  or  portions  thereof,  shall  file  a  written  stipulation 
consenting  and  agreeing  to  accept  the  compensation  so  fixed  by  the  com- 
mission to  be  paid  by  the  said  county,  city  and  county,  incorporated 
city  or  town,  or  municipal  water  district  for  the  taking  of  said  existing 
public  utility  and  the  lands,  property  and  rights  thereof,  or  any  such 
parts  or  portions  thereof.  Said  county,  city  and  county,  incorporated 
city  or  town  or  municipal  water  district  shall  not  be  required  to  delay 
for  more  than  twenty  days  after  the  said  commission  shall  have  so  certi- 
fied its  findings  in  accordance  with  said  section  70,  before  commencing 
such  proceedings  in  eminent  domain.  In  the  case  of  a  petition  of  said 
legislative,  or  other  governing  body  of  any  county,  city  and  county,  in- 
corporated city  or  town,  or  municipal  water  district,  filed  as  above 
described,  setting  forth  its  intention  to  so  initiate  such  proceedings  for 
the  purpose  of  so  submitting  a  proposition  to  the  voters  of  any  such 
county,  city  and  county,  incorporated  city  or  town  or  municipal  water 
district,  then  within  sixty  days  after  the  commission  shall  have  certi- 
fied, in  accordance  with  section  70,  it  findings  as  to  the  just  compensa- 
tion that  should  be  so  paid  for  such  existing  public  utility  and  the 
lands,  property  and  rights  thereof,  or  any  such  part  or  portion  thereof, 
the  said  legislative  or  other  governing  body  must  so  initiate  such  pro- 
ceedings, unless  there  be  obtained  a  writ  of  review  from  the  supreme 
court  of  the  State  of  California,  in  accordance  with  the  provisions  of 
section  70  hereof,  and  if  said  writ  of  review  be  so  obtained  the  time  for 
the  initiation  of  such  proceedings  shall  be  extended  to  not  more  than 
sixty  days  beyond  the  final  decision  of  the  supreme  court  upon  such 
writ  of  review.     If  the  people  of  any  such  county,  city  and  county, 


PUBLIC  UTILITIES  ACT.  857 

incorporated  city  or  town,  or  municipal  water  district,  shall  thereafter, 
as  required  by  the  law  governing  such  county,  city  and  county,  incor- 
porated city  or  town  or  municipal  water  district,  vote  in  favor  of  any 
proposition  to  acquire  under  eminent  domain  proceedings  or  otherwise, 
said  public  utility,  or  the  lands,  property  and  rights  thereof,  or  any 
such  parts  or  portions  thereof,  then  the  said  county,  city  and  county, 
incorporated  city  or  town,  or  municipal  water  district,  shall,  within 
sixty  days  after  the  people  have  so  declared  in  favor  of  such  acquisi- 
tion, commence  an  action  in  a  court  of  competent  jurisdiction,  and  in 
a  manner  in  accordance  with  the  provisions  of  law,  to  take  under  emi- 
nent domain  proceedings  said  existing  utility  and  the  lands,  property 
and  rights  thereof,  or  any  such  parts  or  portions  thereof,  the  value  of 
which  has  been  so  fixed  and  determined  as  herein  provided,  unless  the 
owner  of  such  existing  public  utility  and  the  lands,  property,  and 
rights  thereof,  or  any  such  parts  or  portions  thereof,  shall  file  a  written 
stipulation  consenting  and  agreeing  to  accept  the  compensation  so 
fixed  by  the  commission  to  be  paid  by  the  said  county,  city  and  county, 
incorporated  city  or  town  or  municipal  water  district  for  the  taking 
of  said  existing  public  utility  and  the  lands,  property  and  rights 
thereof,  or  any  such  parts  or  portions  thereof.  Said  county,  city  and 
county,  incorporated  city  or  town,  or  municipal  water  district  shall 
not  be  required  to  delay  for  more  than  twenty  days  after  the  said 
commission  shall  have  so  certified  its  findings,  in  accordance  with  said 
section  70,  before  commencing  such  proceedings  in  eminent  domain; 
provided,  however,  that  in  any  case  where  the  law  governing  any  such 
county,  city  and  county,  incorporated  city  or  town,  or  municipal  w^ater 
district  permits  such  county,  city  and  county,  incorporated  city  or 
town,  or  municipal  water  district  to  commence  and  prosecute  such 
proceedings  in  eminent  domain  prior  to  any  such  vote  being  had  by 
the  people,  then  the  said  county,  city  and  county,  incorporated  city 
or  town,  or  municipal  water  district  whose  legislative  or  other  govern- 
ing body  has  so  filed  such  a  petition  with  the  commission,  as  above 
described,  may,  within  sixty  days  after  the  commission  shall  have 
certified,  in  accordance  with  section  70,  its  findings  as  to  the  just 
compensation  that  should  be  so  paid  for  such  existing  public  utility 
and  the  lands,  property  and  rights  thereof,  or  any  such  part  or  portion 
thereof,  commence  an  action  in  a  court  of  competent  jurisdiction  and 
m  a  manner  and  in  accordance  with  the  provisions  of  law,  to  take 
under  eminent  domain  proceedings  said  existing  public  utility  and  the 
lands,  property  and  rights  thereof,  or  any  such  parts  or  portions 
thereof,  the  value  of  which  has  been  so  fixed  and  determined  as  herein 
provided,  unless  the  owner  of  such  existing  public  utility  and  the 
lands,  property  and  rights  thereof,  or  any  such  parts  or  portions 
thereof,  shall  file  a  written  stipulation  consenting  and  agreeing  to 
accept  the  compensation  so  fixed  by  the  commission  to  be  paid  by  said 
county,  city  and  county,  incorporated  city  or  town,  or  municipal  water 
district  for  the  taking  of  said  existing  public  utility  and  the  lands, 
property  and  rights  thereof,  or  any  such  parts  or  portions  thereof. 


858  hillyer's  legal  manual. 

Said  county,  city  and  county,  incorporated  city  or  town,  or  municipal 
water  district,  shall  not  be  required  to  delay  for  more  than  twenty  days 
after  the  said  commission  shall  have  so  certified  its  findings  in  accord- 
ance with  said  section  70,  before  commencing  such  proceedings  in 
eminent  domain. 

Completion  of  Purchase. — Whenever  the  owner  of  such  existing 
public  utility  and  such  lands,  property  and  rights  thereof,  or  any  such 
parts  or  portions  thereof,  shall  file  such  a  stipulation,  the  said  county, 
city  and  county,  incorporated  city  or  town  or  municipal  water  district 
must  proceed  w^ith  all  due  diligence  to  provide  the  necessary  funds 
under  the  laws  governing  the  providing  of  such  funds,  for  paying  to 
the  owner  of  such  existing  public  utility  and  such  lands,  property  and 
rights  thereof  or  any  such  parts  or  portions  thereof,  the  amount  fixed 
by  the  commission  as  the  just  compensation  to  be  paid.  Upon  such 
compensation  being  paid  to  the  owner  of  said  existing  public  utility  or 
the  lands,  property  and  rights  thereof,  or  any  such  parts  or  portions 
thereof,  the  owner  thereof  shall  make  and  execute  to  the  said  county, 
city  and  county,  incorporated  city  or  town  or  municipal  water  district 
a  deed  of  grant,  bargain  and  sale  conveying  all  of  the  right,  title  and 
interest  such  owner  has  in  the  existing  public  utility  and  lands,  prop- 
erty and  rights  thereof,  or  any  such  parts  or  portions  thereof  whose 
value  has  been  so  fixed  as  herein  provided.  And  in  default  of  such 
deed  the  commission  is  hereby  empowered  to  execute  such  deed, 
as  the  trustee  of  said  public  utility  and  lands,  property  and  rights 
thereof,  or  any  such  parts  or  portions  thereof.  Should  the  owner 
of  such  existing  public  utility  and  the  lands,  property  and  rights 
thereof,  or  such  parts  or  portions  thereof,  fail  to  file  such  a  written 
stipulation  as  above,  the  said  county,  city  and  county,  incorporated 
city  or  town  or  municipal  w^ater  district  must  commence  the  action 
herein  provided  for  within  the  time  herein  provided  for.  In  such 
action  the  compensation  fixed  by  the  commission  to  be  paid  for  such 
existing  public  utility  and  the  lands,  property  and  rights  thereof,  or 
any  such  parts  or  portions  thereof,  shall  be  deemed  final  and  conclusive 
between  the  parties;  and  the  court  in  which  the  action  is  pending,  if 
it  shall  first  decide  that  such  county,  city  and  county,  incorporated  city 
or  town,  or  municipal  water  district  has  the  right  and  power  under 
the  law  to  take  the  said  existing  public  utility  and  the  lands,  property 
and  rights  thereof,  or  such  parts  or  portions  thereof,  whose  value  has 
been  so  fixed  as  herein  provided  for,  shall  enter  a  decree  in  favor  of 
the  said  county,  city  and  county,  incorporated  city  or  town,  or  mimici- 
pal  water  district,  as  provided  by  law,  fixing  the  amount  that  shall  be 
paid  as  the  .iust  compensation  for  the  taking  of  such  existing  public 
utility  and  the  lands,  property  and  rights  thereof,  or  any  parts  or  por- 
tions thereof,  as  the  amount  fixed  and  determined  by  the  commission. 
The  judgment  shall  include  a  provision,  in  substance,  that  said  judg- 
ment is  subject  to  modification  on  account  of  any  unreasonable  depre- 
ciation or  deterioration  in  value  of  the  property  taken,  or  on  account 
of  any  loss  which  might  be  suffered  by  the  owner  of  said  public  utility 


PUBLIC  UTILITIES  ACT.  859 

through  his  being  required  to  properly  take  care  of  said  property,  as 
is  hereinafter  more  fully  provided  for.  If  between  the  date  of  the 
filing  of  any  such  petition  and  the  payment  of  the  compensation  to  the 
owner  of  the  public  utility,  the  owner  of  the  public  utility  shall  permit 
the  property  taken  to  unreasonably  depreciate  or  deteriorate  in  value, 
the  said  county,  city  and  county,  incorporated  city  or  town  or  muni- 
cipal water  district  may  file  with  the  commission  a  petition  setting  forth 
that  fact,  and  praying  that  the  commission  determine  and  fix  the 
amount  of  said  unreasonable  depreciation  or  deterioration.  The  com- 
mission shall  thereupon  order  a  copy  of  said  petition  to  be  served  upon 
the  owner  of  said  public  utility  with  an  order  to  within  ten  days  appear 
before  said  commission  and  show  cause  why  there  should  not  be 
deducted  from  the  amount  of  compensation  to  be  paid  an  amount 
sufficient  to  cover  said  depreciation  or  deterioration.  The  commission 
shall  on  the  day  so  fixed,  unless  for  good  cause  the  hearing  is  continued, 
proceed  to  ascertain  whether  there  has  been  any  such  depreciation  or 
deterioration,  and  if  so,  what  amount  should  be  deducted  therefor  from 
the  compensation  to  be  paid.  Hearings  shall  be  had  in  the  same  man- 
ner as  provided  in  section  70  of  this  act.  The  commission  shall  there- 
upon certify  to  the  court  any  amount  which  may  be  determined  upon 
that  should  be  so  deducted  from  the  compensation,  and  the  court  shall 
thereupon  modify  its  judgment  in  order  to  conform  with  said  ascer- 
tainment by  said  commission.  If  between  the  time  when  the  judgment 
in  condemnation  has  become  final  and  the  time  of  the  payment  of  the 
compensation  the  owner  of  the  public  utility  shall,  in  order  to  preserve 
the  property,  be  required  to  suffer  a  loss,  the  said  owner  may  file  a 
petition  with  the  commission  setting  forth  this  fact,  and  praying  that 
the  commission  determine  and  fix  the  amount  of  the  loss  which  the 
owner  has  so  suffered.  The  commission  shall  thereupon  order  a  copy 
of  said  petition  to  be  served  upon  the  said  county,  city  and  county, 
incorporated  city  or  town  or  municipal  water  district,  with  an  order 
to  within  ten  days  appear  before  said  commission  to  show  cause  why 
there  should  not  be  paid,  in  addition  to  the  amount  of  the  judgment, 
an  amount  sufficient  to  compensate  for  the  said  loss.  The  commission 
shall  on  the  day  so  fixed,  unless  for  good  cause  the  hearing  is  con- 
tinued, proceed  to  ascertain  whether  there  has  been  any  such  loss,  and 
if  so,  how  much.  The  hearing  shall  be  conducted  as  provided  in  sec- 
tion 70  of  this  act.  The  commission  shall  thereupon  certify  to  the 
court  any  amount  of  loss  so  determined  upon,  and  the  court  shall 
thereupon  modify  its  judgment  in  order  to  conform  with  said  ascer- 
tainment by  the  commission.  Said  amount  of  loss  which  may  be  so 
required  to  be  paid  to  the  owner  of  said  utility  shall  not  be  considered 
as  compensation  for  the  property  taken,  but  shall  be  considered  as 
damages  awarded  for  the  loss  so  sustained  by  the  owner  of  the  utility. 
And  the  filing  of  any  such  petition  by  the  owner  of  the  utility  shall  not 
act  as  a  stay  of  the  decree  in  condemnation,  but  upon  the  payment  of 
the  amount  fixed  in  the  original  decree  in  condemnation,  the  plaintiff 
shall  be  entitled  to  immediate  possession  of  the  property  taken.     The 


860 

findings  of  the  commission  fixing  the  just  compensation  to  be  paid  or 
the  amount  that  should  thus  be  deducted  from  the  judgment  on  ac- 
count of  such  unreasonable  depreciation  or  deterioration,  or  that 
should  thus  be  added  to  the  judgment  on  account  of  said  loss  suffered, 
shall  be  subject  to  review  by  the  supreme  court  of  this  state  in  the 
same  manner  and  within  the  same  time  as  other  orders  and  decisions 
of  the  commission.  Said  writ  of  review  may  be  issued  at  the  instance 
of  either  the  owner  of  the  public  utility  or  of  the  said  county,  city  and 
county,  incorporated  city  or  town,  or  municipal  w^ater  district. 

Review. — Should  a  writ  of  review  be  obtained  from  the  supreme 
court  of  the  State  of  California  in  accordance  with  the  provisions  of 
section  70  hereof,  the  time  for  the  filing  of  such  suit  in  eminent  domain 
by  the  said  county,  city  and  county,  incorporated  city  or  town  or 
municipal  water  district  shall  be  extended  to  not  more  than  sixty  days 
beyond  the  final  decision  of  the  supreme  court  upon  such  writ  of 
review;  or,  should  said  writ  of  review  be  obtained  prior  to  the  vote 
by  the  people  of  said  county,  city  and  county,  incorporated  city  or 
town  or  municipal  water  district  upon  any  such  proposition,  then  said 
sixty  days  period  to  be  extended  to  not  longer  than  sixty  days  after 
such  vote  is  had.  If  the  said  county,  city  and  county,  incorporated 
city  or  town  or  municipal  water  district  or  the  legislative  or  other 
governing  body  thereof  shall  fail  to  file  such  suit  or  proceed  diligently 
to  enforce  the  rights  herein  conferred  and  in  the  manner  herein  set 
forth,  then  upon  written  petition  from  the  owner  of  such  existing 
public  utility  setting  forth  said  fact,  the  commission  shall  cause  a 
notice  of  not  less  than  ten  days  to  be  given  to  said  county,  city  and 
county,  incorporated  city  or  toAvn  or  municipal  water  district  to  appear 
before  said  commission  and  show  cause  why  an  order  should  not  be 
made  by  said  commission,  finding  that  the  said  county,  city  and  county, 
incorporated  city  or  town  or  municipal  water  district  has  failed  to 
diligently  pursue  its  rights  hereby  conferred,  and  determining  that  the 
findings  of  the  said  commission  theretofore  made  as  to  the  just  com- 
pensation that  should  be  paid  for  the  existing  public  utility  and  the 
lands,  property  and  rights  thereof,  or  any  such  part  or  portion  thereof, 
shall  no  longer  be  of  any  force  or  effect.  And  said  notice  shall  include 
a  copy  of  said  written  petition  so  filed  by  said  owner  of  such  existing 
public  utility.  If  the  commission  shall  determine  that  said  county,  city 
and  county,  incorporated  city  or  town,  or  municipal  water  district,  or 
the  legislative  or  other  governing  body  thereof,  has  so  failed  to  either 
file  such  suit  or  to  proceed  diligently  to  enforce  the  rights  herein  con- 
ferred and  in  the  manner  herein  set  forth,  the  commission  shall  make 
and  enter  such  an  order  as  so  petitioned  for  by  the  owner  of  such  exist- 
ing public  utility.  Should  the  supreme  court,  upon  a  writ  of  review 
being  obtained,  decide  that  in  any  manner  the  commission  has  not  law- 
fully pursued  its  power  hereby  conferred  or  conferred  in  this  act,  the 
supreme  court  shall  make  its  findings  and  refer  the  matter  back  to  the 
commission  for  correction  or  further  action.  Upon  such  writ  coming 
down  to  the  commission  it  shall  proceed,  as  in  the  first  instance,  to  cor- 


PUBLIC  UTILITIES  ACT.  861 

rect  its  findings  in  the  manner  specified  in  the  writ  of  review.  Any- 
such  county,  city  and  county,  incorporated  city  or  town,  or  municipal 
water  district  must  pay  at  such  times  in  such  amounts  as  may  be 
directed  by  said  railroad  commission  any  extra  costs  which  it  might 
be  necessary  for  said  railroad  commission  to  incur  in  order  to  comply 
with  the  requirements  of  this  section.  And  the  court,  upon  rendering 
any  judgment  in  eminent  domain,  as  herein  provided  for,  may  include 
therein  the  allowance  of  such  costs  as  between  the  parties  as  is  pro- 
vided for  in  the  law  of  eminent  domain  of  this  State.  The  rights  herein 
conferred  upon  any  county,  city  and  county,  incorporated  city  or  town 
or  municipal  water  district  or  upon  the  legislative,  or  other  governing 
body  thereof,  to  so  file  with  the  commission  a  petition  for  the  ascer- 
tainment of  the  just  compensation  that  should  be  so  paid  for  any  such 
existing  public  utility  and  lands,  property  and  rights  thereof,  or  any 
such  part  or  portion  thereof,  shall  not  be  considered  as  an  exclusive 
mode  of  procedure,  but  shall  be  considered  as  an  alternative  and  cumu- 
lative procedure  which  may  be  followed  by  such  county,  city  and 
county,  incorporated  city  or  town  or  municipal  water  district  or  the 
legislative  or  other  governing  body  thereof,  in  addition  to  any  other 
method  of  procedure  provided  for  in  law  for  the  taking  by  said  county, 
city  and  county,  incorporated  city  or  town,  or  municipal  water  dis- 
trict, of  any  such  public  utility  or  lands,  property  and  rights  thereof, 
or  any  such  part  or  portion  thereof,  under  eminent  domain  proceedings, 
in  accordance  with  the  law  of  this  state ;  and  this  act  shall  not  be  con- 
strued as  repealing  any  law  of  this  state  providing  for  such  eminent 
domain  proceedings. 

§  48.     Uniform  System  of  Accounts — Access  to  Accounts,  etc. — The 

commission  shall  have  power  to  establish  a  system  of  accounts  to  be 
kept  by  the  public  utilities  subject  to  its  jurisdiction,  or  to  classify 
said  public  utilities  and  to  establish  a  system  of  accounts  for  each 
class,  and  to  prescribe  the  manner  in  which  such  accounts  shall  be  kept. 
It  may  also  in  its  discretion  prescribe  the  forms  of  accounts,  records 
and  memoranda  to  be  kept  by  such  public  utilities,  including  the  ac- 
counts, records  and  memoranda  of  the  movement  of  traffic  as  well  as 
the  receipts  and  expenditures  of  moneys,  and  any  other  forms,  records 
and  memoranda  which  in  the  judgment  of  the  commission  may  be 
necessary  to  carry  out  any  of  the  provisions  of  this  act.  The  system 
of  accounts  established  by  the  commission  and  the  forms  of  accounts, 
records  and  memoranda  prescribed  by  it  shall  not  be  inconsistent,  in 
the  case  of  corporations  subject  to  the  provisions  of  the  act  of  Congress 
entitled  ''An  act  to  regulate  commerce,"  approved  February  4th,  1887, 
and  the  acts  amendatory  thereof  and  supplementary  thereto,  with  the 
systems  and  forms  from  time  to  time  established  for  such  corporations 
by  the  interstate  commerce  commission,  but  nothing  herein  contained 
shall  affect  the  power  of  the  commission  to  prescribe  forms  of  accounts, 
records  and  memoranda  covering  information  in  addition  to  that  re- 
quired by  the  interstate  commerce  commission.  The  commission  may, 
after  hearing  had  upon  its  own  motion  or  upon  complaint,  prescribe  by 


862  HILLYER^S  LEGAL  MANUAL. 

order  the  aeeoimts  in  which  particular  outlays  and  receipts  shall  be 
entered,  charged  or  credited.  "Where  the  commission  has  prescribed 
the  forms  of  accounts,  records  or  memoranda  to  be  kept  by  any  public 
utility  for  any  of  its  business,  it  shall  thereafter  be  unlawful  for  such 
public  utility  to  keep  any  accounts,  records  or  memoranda  for  such 
business  other  than  those  so  prescribed,  or  those  prescribed  by  or  under 
the  authority  of  any  other  State  or  of  the  United  States,  excepting 
such  accounts,  records  or  memoranda  as  shall  be  explanatory  of  and 
supplemental  to  the  accounts,  records  or  memoranda  prescribed  by  the 
commission. 

§  49.  Depreciation  Accounts. — The  commission  shall  have  power, 
after  hearing,  to  require  any  or  all  public  utilities  to  carry  a  proper 
and  adequate  depreciation  account  in  accordance  with  such  rules,  regu- 
lations and  forms  of  account  as  the  commission  may  prescribe.  The 
commission  may,  from  time  to  time,  ascertain  and  determine  and  by 
order  fix  the  proper  and  adequate  rates  of  depreciation  of  the  several 
classes  of  property  of  each  public  utility.  Each  public  utility  shall 
conform  its  depreciation  accounts  to  the  rates  so  ascertained,  deter- 
mined and  fixed,  and  shall  set  aside  the  moneys  so  provided  for  out  of 
earnings  and  carry  the  same  in  a  depreciation  fund  and  expend  such 
fund  only  for  such  purposes  and  under  such  rules  and  regulations,  both 
as  to  original  expenditure  and  subsequent  replacement  as  the  commis- 
sion may  prescribe.  The  income  from  investments  of  moneys  in  such 
fund  shall  likewise  be  carried  in  such  fund. 

§  50.  New  Construction. — (a)  No  street  railroad  corporation,  gas 
corporation,  electrical  corporation,  telephone  corporation  or  water 
corporation  shall  henceforth  begin  the  construction  of  a  street  railroad, 
or  of  a  line,  plant  or  system,  or  of  any  extension  of  such  street  rail- 
road, or  line,  plant,  or  system,  without  having  first  obtained  from  the 
commission  a  certificate  that  the  present  or  future  public  convenience 
and  necessity  require  or  will  require  such  construction ;  provided,  that 
this  section  shall  not  be  construed  to  require  any  such  corporation  to 
secure  such  certificate  for  an  extension  within  any  city  and  county  or 
city  or  town  within  which  it  shall  have  theretofore  lawfully  commenced 
operations,  or  for  an  extension  into  territory  either  within  or  without 
a  city  and  county  or  city  or  town,  contiguous  to  its  street  railroad,  or 
line,  plant  or  system,  and  not  theretofore  served  by  a  public  utility  of 
like  character,  or  for  an  extension  within  or  to  territory  already  served 
by  it,  necessary  in  the  ordinary  course  of  its  business;  and  provided, 
further,  that  if  any  public  utility,  in  constructing  or  extending  its  line, 
plant,  or  system,  shall  interfere  or  be  about  to  interfere  with  the 
operation  of  the  line,  plant  or  system  of  any  other  public  utility, 
already  constructed,  the  commission,  on  complaint  of  the  public  util- 
ity claiming  to  be  injuriously  affected,  may,  after  hearing,  make  such 
order  and  prescribe  such  terms  and  conditions  for  the  location  of  the 
lines,  plants  or  systems  affected  as  to  it  may  seem  just  and  reasonable, 
(b)  Franchises  and  Privileges — Certificate  of  Public  Convenience. — 
No    public    utility    of    a    class    specified    in    subsection     (a)     hereof 


PUBLIC  UTILITIES  ACT.  863 

shall  henceforth  exercise  any  right  or  privilege  under  anj^  franchise 
or  permit  hereafter  granted,  or  under  any  franchise  or  permit 
heretofore  granted  but  not  heretofore  actually  exercised,  or  the  exer- 
cise of  which  has  been  suspended  for  more  than  one  year,  without  first 
having  obtained  from  the  commission  a  certificate  that  public  con- 
venience and  necessity  require  the  exercise  of  such  right  or  privilege ; 
provided,  that  when  the  commission  shall  find,  after  hearing,  that  a 
public  utility  has  heretofore  begun  actual  construction  work  and  is 
prosecuting  such  work,  in  good  faith,  uninterruptedly  and  with  rea- 
sonable diligence  in  proportion  to  the  magnitude  of  the  undertaking, 
under  any  franchise  or  permit  heretofore  granted  but  not  heretofore 
actually  exercised,  such  public  utility  may  proceed,  under  such  rules 
and  regulations  as  the  commission  may  prescribe,  to  the  completion  of 
such  work,  and  may,  after  such  completion,  exercise  such  right  or 
privilege ;  and  provided,  further,  that  this  section  shall  not  be  con- 
strued to  validate  any  right  or  privilege  now  invalid  or  hereafter 
becoming  invalid  under  any  law  of  this  State. 

(c)  Proceedings  on  Application  for  Certificate. — Before  any  certifi- 
cate may  issue,  under  this  section,  a  certified  copy  of  its  articles  of 
incorporation  or  charter,  if  the  applicant  be  a  corporation,  shall  be 
filed  in  the  office  of  the  commission.  Every  applicant  for  a  certifi- 
cate shall  file  in  the  office  of  the  commission  such  evidence  as  shall  be 
required  by  the  commission  to  sihow  that  such  applicant  has  received 
the  required  consent,  franchise  or  permit  of  the  proper  county,  city 
and  county,  municipal  or  other  public  authority.  The  commission  shall 
have  power,  after  hearing,  to  issue  said  certificate,  as  prayed  for,  or 
to  refuse  to  issue  the  same,  or  to  issue  it  for  the  construction  of  a 
portion  only  of  the  contemplated  street  railroad,  line,  plant  or  system, 
or  extension  thereof,  or  for  the  partial  exercise  only  of  said  right  or 
privilege,  and  may  attach  to  the  exercise  of  the  rights  granted  by  said 
certificate  such  terms  and  conditions  as  in  its  judgment  the  public 
convenience  and  necessity  may  require.  If  a  public  utility  desires  to 
exercise  a  right  or  privilege  under  a  franchise  or  permit  which  it  con- 
templates securing,  but  which  has  not  as  yet  been  granted  to  it,  such 
public  utility  may  apply  to  the  commission  for  an  order  preliminary 
to  the  issue  of  the  certificate.  The  commission  may  thereupon  make 
an  order  declaring  that  it  will  thereafter,  upon  application,  under  such 
rules  and  regulations  as  it  may  prescribe,  issue  the  desired  certificate, 
upon  such  terms  and  conditions  as  it  may  designate,  after  the  public 
utility  has  obtained  the  contemplated  franchise  or  permit.  Upon  the 
presentation  to  the  commission  of  evidence  satisfactory  to  it  that  such 
franchise  or  permit  has  been  secured  by  such  public  utility,  the  com- 
mission shall  thereupon  issue  such  certificate. 

§  51.  Transfer  of  Property,  Franchises,  etc. — (a)  No  railroad  cor- 
poration, street  railroad  corporation,  pipe-line  corporation,  gas  corpora- 
tion, electrical  corporation,  telephone  corporation,  telegraph  corporation 
or  water  corporation  shall  henceforth  sell,  lease,  assign,  mortgage  or 
otherwise  dispose  of  or  encumber  the  whole  or  any  part  of  its  railroad, 


864  hillyer's  legal  manual. 

street  railroad,  line,  plant  or  system,  necessary  or  useful  in  the  perform- 
ance of  its  duties  to  the  public,  or  any  franchise  or  permit  or  any  right 
thereunder,  nor  by  any  means  whatsoever,  direct  or  indirect,  merge  or 
consolidate  its  railroad,  street  railroad,  line,  plant  or  system,  or  franchises 
or  permits  or  any  part  thereof,  with  any  other  public  utility,  without  hav- 
ing first  secured  from  the  commission  an  order  authorizing  it  so  to  do. 
Every  such  sale,  lease,  assignment,  mortgage,  disposition,  encumbrance, 
merger  or  consolidation  made  other  than  in  accordance  with  the  order 
of  the  commission  authorizing  the  same  shall  be  void.  The  permission 
and  approval  of  the  commission  to  the  exercise  of  a  franchise  or  permit 
under  section  50  of  this  act,  or  the  sale,  lease,  assignment,  mortgage 
or  other  disposition  or  encumbrance  of  a  franchise  or  permit  under 
this  section  shall  not  be  construed  to  revive  or  validate  any  lapsed  or 
invalid  franchise  or  permit,  or  to  enlarge  or  add  to  the  powers  or 
privileges  contained  in  the  grant  of  any  franchise  or  permit,  or  to 
waive  any  forfeiture.  Nothing  in  this  subsection  contained  shall  be 
construed  to  prevent  the  sale,  lease  or  other  disposition  by  any  pub- 
lic utility  of  a  class  designated  in  this  subsection  of  property  which 
is  not  necessary  or  useful  in  the  performance  of  its  duties  to  the 
public,  and  any  sale  of  its  property  by  such  public  utility  shall  be 
conclusively  presumed  to  have  been  of  property  w^hich  is  not  useful 
or  necessary  in  the  performance  of  its  duties  to  the  public,  as  to  any 
purchaser  of  such  property  in  good  faith  for  value. 

(b)  Acquisition  and  Transfer  of  Stock.— No  public  utility  shall 
hereafter  purchase  or  acquire,  take  or  hold,  any  part  of  the  capital 
stock  of  any  other  public  utility,  organized  or  existing  under  or  by 
virtue  of  the  laws  of  this  State,  without  having  been  first  authorized 
to  do  so  by  the  commission.  Every  assignment,  transfer,  contract  or 
agreement  for  assignment  or  transfer  of  any  stock  by  or  through  any 
person  or  corporation  to  any  corporation  or  otherwise  in  violation  of 
any  of  the  provisions  of  this  section  shall  be  void  and  of  no  effect,  and 
no  such  transfer  shall  be  made  on  the  books  of  any  public  utility. 
Nothing  herein  contained  shall  be  construed  to  prevent  the  holding  of 
stock  heretofore  lawfully  acquired. 

§  52.  Approval  of  Stocks  and  Stock  Certificates,  and  Bonds,  Notes 
and  Other  Evidence  of  Indebtedness. — (a)  The  power  of  public  utili- 
ties to  issue  stocks  and  stock  certificates,  and  bonds,  notes  and  other 
evidences  of  indebtedness  and  to  create  liens  on  their  property  situated 
within  this  State  is  a  special  privilege,  the  right  of  supervision,  regu- 
lation, restriction  and  control  of  w^hich  is  and  shall  continue  to  be 
vested  in  the  State,  and  such  pow-er  shall  be  exercised  as  provided  by 
law  and  under  such  rules  and  regulations  as  the  commission  may 
prescribe. 

(b)  Conditions  of  Issue  of  Stock,  Bonds  and  Notes. — A  public  utility 
may  issue  stocks  and  stock  certificates,  and  bonds,  notes  and  other 
evidences  of  indebtedness  payable  at  periods  of  more  than  twelve 
months  after  the  date  thereof,  for  the  following  purposes  and  no 
others,  namely,  for  the  acquisition  of  property,  or  for  the  construe- 


PUBLIC  UTILITIES  ACT.  865 

lion,  completion,  extension  or  improvement  of  its  facilities,  or  for  the 
improvement  or  maintenance  of  its  service,  or  for  the  clischarjare  or  law- 
ful refunding  of  its  obligations,  or  for  the  reimbursement  of  moneys 
actually  expended  from  income  or  from  any  other  moneys  in  the  treas- 
ury of  the  public  utility  not  secured  by  or  obtained  from  the  issue  of 
stocks  or  stock  certificates,  or  bonds,  notes  or  other  evidences  of  in- 
debtedness of  such  public  utility,  within  five  years  next  prior  to  the 
filing  of  an  application  with  the  commission  for  the  required  authoriza- 
tion, for  any  of  the  aforesaid  purposes  except  maintenance  of  service 
and  replacements,  in  cases  where  the  applicant  shall  have  kept  its 
accounts  and  vouchers  for  such  expenditures  in  such  manner  as  to 
enable  the  commission  to  ascertain  the  amount  of  moneys  so  expended 
and  the  purposes  for  which  such  expenditure  was  made ;  provided,  that 
such  public  utility,  in  addition  to  the  other  requirements  of  law,  shall 
first  have  secured  from  the  commission  an  order  authorizing  such  issue 
and  stating  the  amount  thereof  and  the  purpose,  or  purposes  to  which 
the  issue  or  the  proceeds  thereof  are  to  be  applied,  and  that,  in  the 
opinion  of  the  commission,  the  money,  property  or  labor  to  be  procured 
or  paid  for  by  such  issue  is  reasonably  required  for  the  purpose  or 
purposes  specified  in  the  order,  and  that,  except  as  otherwise 
permitted  in  the  order  in  the  case  of  bonds,  notes  or  other  evidences 
of  indebtedness,  such  purpose  or  purposes  are  not,  in  whole  or  in  part, 
reasonably  chargeable  to  operating  expenses  or  to  income.  To  enable 
it  to  determine  whether  it  will  issue  such  order,  the  commission  shall 
hold  a  hearing  and  may  make  such  additional  inquiry  or  investiga- 
tion, and  examine  such  witnesses,  books,  papers,  documents  and  con- 
tracts and  require  the  filing  of  such  data  as  it  may  deem  of  assistance. 
The  commission  may  by  its  order  grant  permission  for  the  issue  of 
such  stocks  or  stock  certificates,  or  bonds,  notes  or  other  evidences  of 
indebtedness  in  the  amount  applied  for,  or  in  a  lesser  amount,  or  not 
at  all,  and  may  attach  to  the  exercise  of  its  permission  such  condition 
or  conditions  as  it  may  deem  reasonable  and  necessary.  The  commis- 
sion may  authorize  issues  of  bonds,  notes  or  other  evidences  of  in- 
debtedness, less  than,  equivalent  to  or  greater  than  the  authorized  or 
subscribed  capital  stock  of  a  public  utility  corporation,  and  the  provi- 
sions of  sections  309  and  456  of  the  Civil  Code  of  this  State,  in  so  far 
as  they  contain  inhibitions  against  the  creation  by  corporations  of 
indebtedness,  evidenced  by  bonds,  notes  or  otherwise,  in  excess  of 
their  total  authorized  or  subscribed  capital  stock  shall  have  no  appli- 
cation to  public  utility  corporations.  No  public  utility  shall,  without 
the  consent  of  the  commission,  apply  the  issue  of  any  stock  or  stock 
certificate,  or  bond,  note  or  other  evidence  of  indebtedness,  or  any  part 
thereof,  or  any  proceeds  thereof,  to  any  purpose  not  specified  in  the 
commission's  order,  or  to  any  purpose  specified  in  the  commission's 
order  in  excess  of  the  amount  authorized  for  such  purpose,  or  issue  or 
dispose  of  the  same  on  any  terms  less  favorable  than  those  specified  in 
such  order,  or  a  modification  thereof.  A  public  utility  may  issue  notes, 
for  proper  purposes  and  not  in  violation  of  any  provision  of  this  act 
55 


866  hillyer's  legal  manual. 

or  any  other  act,  payable  at  periods  of  not  more  than  twelve  months 
after  the  date  of  issuance  of  the  same,  without  the  consent  of  the 
commission,  but  no  such  note  shall,  in  whole  or  in  part,  be  refunded 
by  any  issue  of  stocks  or  stock  certificates,  or  of  bonds,  notes  of  any 
term  or  character  or  any  other  evidence  of  indebtedness,  without  the 
consent  of  the  commission.  The  commission  shall  have  no  power  to 
authorize  the  capitalization  of  the  ri2:ht  to  be  a  corporation,  or  to 
authorize  the  capitalization  of  any  franchise  or  permit  whatsoever  or 
the  right  to  own,  operate  or  enjoy  any  such  franchise  or  permit,  in 
excess  of  the  amount  (exclusive  of  any  tax  or  annual  charge)  actually 
paid  to  the  State  or  to  a  political  subdivision  thereof  as  the  consid- 
eration for  the  grant  of  such  franchise,  permit  or  right ;  nor  shall  any 
contract  for  consolidation  or  lease  be  capitalized,  nor  shall  any  public 
utility  hereafter  issue  any  bonds,  notes  or  other  evidences  of  indebted- 
ness against  or  as  a  lien  upon  any  contract  for  consolidation  or  merger. 

(c)  Accounting  for  Proceeds. — The  commission  shall  have  the  power 
to  require  public  utilities  to  account  for  the  disposition  of  the  pro- 
ceeds of  all  sales  of  stocks  and  stock  certificates,  and  bonds,  notes  and 
other  evidences  of  indebtedness,  in  such  form  and  detail  as  it  may 
deem  advisable,  and  to  establish  such  rules  and  regulations  as  it  may 
deem  reasonable  and  necessary  to  insure  the  disposition  of  such  pro- 
ceeds for  the  purpose  or  purposes  specified  in  its  order. 

(d)  Unauthorized  Issues. — All  stock  and  every  stock  certificate,  and 
every  bond,  note  or  other  evidence  of  indebtedness,  of  a  public  utility, 
issued  without  an  order  of  the  commission  authorizing  the  same  then  in 
effect  shall  be  void,  and  likewise  all  stock  and  every  stock  certificate, 
and  every  bond,  note  or  other  evidence  of  indebtedness,  of  a  public  util- 
ity, issued  with  the  authorization  of  the  commission,  but  not  conform- 
ing in  its  provisions  to  the  provisions,  if  any,  which  it  is  required  by  the 
order  of  authorization  of  the  commission  to  contain,  shall  be  void ;  but 
no  failure  in  any  other  respect  to  comply  with  the  terms  or  conditions 
of  the  order  of  authorization  of  the  commission  shall  render  void  any 
stock  or  stock  certificate,  or  any  bond,  note  or  other  evidence  of  in- 
debtedness, except  as  to  a  corporation  or  person  taking  the  same  other- 
wise than  in  good  faith  and  for  value  and  without  actual  notice. 

(e)  Penalty. — Every  public  utility  which,  directly  or  indirectly,  is- 
sues or  causes  to  be  issued,  any  stock  or  stock  certificate,  or  bond, 
note  or  other  evidence  of  indebtedness,  in  nonconformity  with  the 
order  of  the  commission  authorizing  the  same,  or  contrary  to  the  pro- 
visions of  this  act,  or  of  the  Constitution  of  this  state,  or  which  applies 
the  proceeds  from  the  sale  thereof,  or  any  part  thereof,  to  any  pur- 
pose other  than  the  purpose  or  purposes  specified  in  the  commission's 
order,  as  herein  provided,  or  to  any  purpose  specified  in  the  commis- 
sion's order  in  excess  of  the  amount  in  said  order  authorized  for  such 
purpose,  is  subject  to  a  penalty  of  not  less  than  five  hundred  dollars 
nor  more  than  twenty  thousand  dollars  for  each  offense. 

(f )  Penalty. — Every  officer,  agent  or  employee  of  a  public  utility,  and 
every  other  person  who  knowingly  authorizes,  directs,  aids  in,  issues  or 


PUBLIC  UTILITIES  ACT.  867 

executes,  or  causes  to  be  issued  or  executed,  any  stock  or  stock  certi- 
ficate, or  bond,  note  or  other  evidence  of  indebtedness,  in  noncon- 
formity with  the  order  of  the  commission  authorizing  the  same,  or 
contrary  to  the  provisions  of  this  act,  or  of  the  Constitution  of  this 
state,  or  who,  in  any  proceeding  before  the  commission,  knowingly 
makes  any  false  statement  or  representation  or  with  knowledge  of  its 
falsity  files  or  causes  to  be  filed  with  the  commission  any  false  state- 
ment or  representation,  which  said  statement  or  representation  so  made, 
filed  or  caused  to  be  filed  may  tend  in  any  way  to  influence  the  com- 
mission to  make  an  order  authorizing  the  issue  of  any  stock  or  stock 
certificate,  or  any  bond,  note  or  other  evidence  of  indebtedness,  or 
which  results  in  procuring  from  the  commission  the  making  of  any 
such  order,  or  who,  with  knowledge  that  any  false  statement  or  repre- 
sentation was  made  to  the  commission,  in  any  proceeding,  tending  in 
any  way  to  influence  the  commission  to  make  such  order,  issues  or 
executes  or  negotiates,  or  causes  to  be  issued,  executed  or  negotiated 
any  such  stock  or  stoek  certificate,  or  bond,  note  or  other  evidence  of 
indebtedness,  or  who,  directly  or  indirectly,  knowingly  applies  or 
causes  or  assists  to  be  applied  the  proceeds  or  any  part  thereof,  from 
the  sale  of  any  stock  or  stock  certificate,  or  bond,  note  or  other  evi- 
dence of  indebtedness,  to  any  purpose  not  specified  in  the  commission's 
order,  or  to  any  purpose  specified  in  the  commission's  order  in  excess 
of  the  amount  authorized  for  such  purpose,  or  who,  with  knowledge 
that  any  stock  or  stock  certificate,  or  bond,  note  or  other  evidence 
of  indebtedness,  has  been  issued  or  executed  in  violation  of  any  of  the 
provisions  of  this  act,  negotiates,  or  causes  the  same  to  be  negotiated, 
shall  be  guilty  of  a  felony. 

(g)  No  Guaranty  by  State. — No  provision  of  this  act,  and  no  deed 
or  act  done  or  performed  under  or  in  connection  therewith,  shall  be 
held  or  construed  to  obligate  the  State  of  California  to  pay  or  guaran- 
tee, in  any  manner  whatsoever,  any  stock  or  stock  certificate,  or  bond, 
note  or  other  evidence  of  indebtedness,  authorized,  issued  or  executed 
under  the  provisions  of  this  act. 

(h)  Unauthorized  Issues  Void. — ^All  stocks  and  stock  certificates, 
and  bonds,  notes  and  other  evidences  of  indebtedness  issued  by  any 
public  utility  after  this  act  takes  effect,  upon  the  authority  of  any 
articles  of  incorporation  or  amendments  thereto  or  vote  of  the  stock- 
holders or  directors  filed,  taken  or  had,  or  other  proceedings  taken 
or  had,  previous  to  the  taking  effect  of  this  act,  shall  be  void,  unless 
an  order  of  the  commission  authorizing  the  issue  of  such  stocks  or 
stock  certificates,  or  bonds,  notes  or  other  evidences  of  indebtedness 
shall  have  been  obtained  from  the  commission  prior  to  such  issue. 
The  commission  may  by  its  order  impose  such  condition  or  conditions 
as  it  may  deem  reasonable  and  necessary. 

§  53.  Rules  for  Hearing — Informalities. — All  hearings  and  investi- 
gations before  the  commission  or  any  commissioner  shall  be  governed 
by  this  act  and  by  rules  of  practice  and  procedure  to  be  adopted  by 
the  commission,  and  in  the  conduct  thereof  neither  the  commission 


868 

nor  any  commissioner  shall  be  bound  by  the  technical  rules  of  evi- 
dence. No  informality  in  any  proceeding  or  in  the  manner  of  taking 
testimony  before  the  commission  or  any  commissioner  shall  invalidate 
any  order,  decision,  rule  or  regulation  made,  approved  or  confirmed  by 
the  commission. 

§  54.  Powers  of  Commission  as  to  Process — Service. — The  commis- 
sion and  each  commissioner  shall  have  power  to  issue  writs  of  sum- 
mons, subpoenas,  warrants  of  attachment,  warrants  of  commitment 
and  all  necessary  process  in  proceedings  for  contempt,  in  the  like 
manner  and  to  the  same  extent  as  courts  of  record.  The  process 
issued  by  the  commission,  or  any  commissioner,  shall  extend  to  all 
parts  of  the  state  and  may  be  served  by  any  person  authorized  to  serve 
process  of  courts  of  record,  or  by  any  person  designated  for  that  pur- 
pose by  the  commission  or  a  commissioner.  The  person  executing  any 
such  process  shall  receive  such  compensation  as  may  be  allowed  by  the 
commission,  not  to  exceed  the  fees  now  prescribed  by  law  for  similar 
services,  and  such  fees  shall  be  paid  in  the  same  manner  as  provided 
herein  for  payment  of  the  fees  of  witnesses. 

§  55.  Witnesses — Attendance  and  Fees. — (a)  The  commission  and 
each  commissioner  shall  have  power  to  administer  oaths,  certify  to  all 
official  acts,  and  to  issue  subpoenas  for  the  attendance  of  witnesses  and 
the  production  of  papers,  waybills,  books,  accounts,  documents  and 
testimony  in  any  inquiry,  investigation,  hearing  or  proceeding  in  any 
part  of  the  State.  Each  witness  w^ho  shall  appear,  by  order  of  the 
commission  or  a  commissioner,  shall  receive  for  his  attendance  the 
same  fees  and  mileage  allowed  by  law  to  a  witness  in  civil  cases,  which 
amount  shall  be  paid  by  the  party  at  whose  request  such  witness  is 
subpoenaed.  When  any  witness  who  has  not  been  required  to  attend 
at  the  request  of  any  party  shall  be  subpoenaed  by  the  commission, 
his  fees  and  mileage  shall  be  paid  from  the  funds  appropriated  for 
the  use  of  the  commission  in  the  same  manner  as  other  expenses  of 
the  commission  are  paid.  Any  witness  subpoenaed  except  one  whose 
fees  and  mileage  may  be  paid  from  the  funds  of  the  commission,  may, 
at  the  time  of  service,  demand  the  fee  to  which  he  is  entitled  for  travel 
to  and  from  the  place  at  which  he  is  required  to  appear,  and  one  day's 
attendance.  If  such  witness  demands  such  fees  at  the  time  of  service, 
and  they  are  not  at  that  time  paid  or  tendered,  he  shall  not  be  re- 
quired to  attend  before  the  commission  or  commissioner,  as  directed  in 
the  subpoena.  All  fees  or  mileage  to  which  any  witness  is  entitled 
under  the  provisions  of  this  section  may  be  collected  by  action  there- 
for instituted  by  the  person  to  whom  such  fees  are  payable.  No  wit- 
ness furnished  with  free  transportation  shall  receive  mileage  for  the 
distance  he  may  have  traveled  on  such  free  transportation. 

(b)  Refusal  to  Testify. — The  Superior  Court  in  and  for  the  county, 
or  city  and  county,  in  which  any  inquiry,  investigation,  hearing  or 
proceeding  may  be  held  by  the  commission  or  any  commissioner  shall 
have  the  power  to  compel  the  attendance  of  witnesses,  the  giving  of 
testimony  and  the   production  of  papers,  including  waybills,   books, 


PUBLIC  UTILITIES  ACT.  869 

accounts  and  documents,  as  required  by  any  subpoena  issued  by  the 
commission  or  any  commissioner.  The  commission  or  the  commis- 
sioner before  whom  the  testimony  is  to  be  given  or  produced,  in  case 
of  the  refusal  of  any  witness  to  attend  or  testify  or  produce  any  papers 
required  by  such  subpoena,  may  report  to  the  superior  court  in  and 
for  the  county,  or  city  and  county,  in  which  the  proceeding  is  pend- 
ing, by  petition,  setting  forth  that  due  notice  has  been  given  of  the 
time  and  place  of  attendance  of  said  witness,  or  the  production  of  said 
papers,  and  that  the  witness  has  been  summoned  in  the  manner  pre- 
scribed in  this  act,  and  that  the  witness  has  failed  and  refused  to  at- 
tend or  produce  the  papers  required  by  the  subpoena,  before  the  com- 
mission or  commissioner,  in  the  cause  or  proceeding  named  in  the 
notice  and  subpoena,  or  has  refused  to  answer  questions  propounded 
to  him  in  the  course  of  such  proceeding,  and  ask  an  order  of  said 
court,  compelling  the  witness  to  attend  and  testify  or  produce  said 
papers  before  the  commission.  The  court,  upon  the  petition  of  the 
commission  or  such  commissioner,  shall  enter  an  order  directing  the 
witness  to  appear  before  the  court  at  a  time  and  place  to  be  fixed  by 
the  court  in  such  order,  the  time  to  be  not  more  than  ten  days  from 
the  date  of  the  order,  and  then  and  there  show  cause  why  he  has  not 
attended  and  testified  or  produced  said  papers  before  the  commission. 
A  copy  of  said  order  shall  be  served  upon  said  witness.  If  it  shall 
appear  to  the  court  that  said  subpoena  was  regularly  issued  by  the 
commission  or  a  commissioner,  the  court  shall  thereupon  enter  an 
order  that  said  witness  appear  before  the  commission  or  said  com- 
missioner at  the  time  and  place  fixed  in  said  order,  and  testify  or  pro- 
duce the  required  papers,  and  upon  failure  to  obey  said  order,  said 
witness  shall  be  dealt  with  as  for  contempt  of  court.  The  remedy 
provided  in  this  subsection  is  cumulative,  and  shall  not  be  construed 
to  impair  or  interfere  with  the  power  of  the  commission  or  a  commis- 
sioner to  enforce  the  attendance  of  witnesses  and  the  production  of 
papers,  and  to  punish  for  contempt  in  the  same  manner  and  to  the 
same  extent  as  courts  of  record. 

(c)  Depositions. — The  commission  or  any  commissioner  or  any  party 
may,  in  any  investigation  or  hearing  before  the  commission,  cause  the 
deposition  of  witnesses  residing  within  or  without  the  state  to  be 
taken  in  the  manner  prescribed  by  law  for  like  depositions  in  civil 
actions  in  the  Superior  Courts  of  this  State  and  to  that  end  may  com- 
pel the  attendance  of  witnesses  and  the  production  of  books,  waybills, 
documents,  papers  and   accounts. 

(d)  Incrimination. — No  person  shall  be  excused  from  testifying  or 
from  producing  any  book,  waybill,  document,  paper  or  account  in  any 
investigation  or  inquiry  by  or  hearing  before  the  commission  or  any 
commissioner,  when  ordered  to  do  so,  upon  the  ground  that  the  testi- 
mony or  evidence,  book,  waybill,  document,  paper  or  account  required 
of  him  may  tend  to  incriminate  him  or  subject  him  to  penalty  or  for- 
feiture, but  no  person  shall  be  prosecuted,  punished  or  subjected  to 
any  penalty  or  forfeiture  for  or  on  account  of  any  fact,  transaction, 


870  hillyer's  legal  manual. 

matter  or  thing  concerning  which  he  shall,  under  oath  have  testified 
or  produced  documentary  evidence ;  provided,  that  no  person  so  tes- 
tifying shall  be  exempt  from  prosecution  or  punishment  from  any 
perjury  committed  by  him  in  his  testimony.  Nothing  herein  contained 
shall  be  construed  as  in  any  manner  giving  to  any  public  utility  im- 
munity of  any  kind. 

§  56.  Certified  Copies  of  Papers  Filed  to  be  Evidence. — (a)  Copies 
of  all  official  documents  and  orders  filed  or  deposited  according  to  law 
in  the  office  of  the  commission,  certified  by  a  commissioner  or  by  the 
secretary  or  the  assistant  secretary  under  the  official  seal  of  the  com- 
mission to  be  true  copies  of  the  originals,  shall  be  evidence  in  like 
manner  as  the  originals. 

(b)  Recording  Copies. — Every  order,  authorization  or  certificate  is- 
sued or  approved  by  the  commission  under  any  provision  of  sections 
38,  39,  40,  41,  43,  50,  51,  or  52  of  this  act  shall  be"^in  writing  and  entered 
on  the  records  of  the  commission.  Any  such  order,  authorization  or 
certificate,  or  a  copy  thereof,  or  a  copy  of  the  record  of  any  such  order, 
authorization  or  certificate,  certified  by  a  commissioner  or  by  the  secre- 
tary or  the  assistant  secretary  under  the  official  seal  of  the  commission 
to  be  a  true  copy  of  the  original  order,  authorization,  certificate  or 
entry,  may  be  recorded  in  the  office  of  the  recorder  of  any  county, 
or  city  and  county,  in  which  is  located  the  principal  place  of  business 
of  any  public  utility  affected  thereby,  or  in  which  is  situated  any  prop- 
erty of  any  such  public  utility,  and  such  record  shall  impart  notice 
of  its  provisions  to  all  persons.  A.  certificate  under  the  seal  of  the 
commission  that  any  such  order,  authorization  or  certificate  has  not 
been  modified,  stayed,  suspended  or  revoked  may  also  be  recorded  in 
the  same  offices  in  the  same  manner  and  with  like  effect. 

§  57.  Fees. — The  commission  shall  charge  and  collect  the  following 
fees :  for  copies  of  papers  and  records  not  required  to  be  certified  or 
otherwise  authenticated  by  the  commission,  ten  cents  for  each  folio; 
for  certified  copies  of  official  documents  and  orders  filed  in  its  office, 
fifteen  cents  for  each  folio  and  one  dollar  for  every  certificate  under 
seal  affixed  thereto ;  for  certifying  a  copy  of  any  report  made  by  a 
public  utility,  two  dollars;  for  each  certified  copy  of  the  annual  re- 
port of  the  commission,  one  dollar  and  fifty  cents;  for  certified  copies 
of  evidence  and  proceedings  before  the  commission,  fifteen  cents  for 
each  folio ;  for  certificate  authorizing  an  issue  of  bonds,  notes  or  other 
evidences  of  indebtedness,  one  dollar  for  each  thousand  dollars  of  the 
face  value  of  the  authorized  issue  or  fraction  thereof  up  to  one  million 
dollars,  and  fifty  cents  for  each  one  thousand  dollars  over  one  million 
dollars  and  up  to  ten  million  dollars,  and  twenty-five  cents  for  each 
one  thousand  dollars  over  ten  million  dollars,  with  a  minimum  fee 
in  any  case  of  twenty-five  dollars;  provided,  that  no  fee  need  be  paid 
on  such  portion  of  any  such  issue  as  may  be  used  to  guarantee,  take 
over,  refund,  discharge  or  retire  any  bond,  note  or  other  evidence  of 
indebtedness  on  which  a  fee  has  theretofore  been  paid  to  the  commis- 
sion ;  and  provided,  further,  that  if  the  commission  modifies  the  amount 


PUBLIC  UTILITIES  ACT.  871 

of  the  issue  requested  in  any  case  and  the  applicant  thereupon  elects 
not  to  avail  itself  of  the  commission's  authorization,  no  fee  need  be 
paid.  No  fees  shall  be  charged  or  collected  for  copies  of  papers, 
records  or  official  documents,  furnished  to  public  officers  for  use  in 
their  official  capacity,  or  for  the  annual  reports  of  the  commission  in 
the  ordinary  course  of  distribution,  but  the  commission  may  fix  rea- 
sonable charges  for  publications  issued  under  its  authority.  All  fees 
charged  and  collected  under  this  section  shall  be  paid,  at  least  once 
each  week,  accompanied  by  a  detailed  statement  thereof,  into  the 
treasury  of  the  State  to  the  credit  of  a  fund  to  be  known  as  the  ''Rail- 
road Commission  Fund,"  which  fund  is  hereby  created. 

§  58.  Inspection  of  Books,  Papers  and  Documents. — The  commission, 
each  commissioner  and  each  officer  and  person  employed  by  the  com- 
mission shall  have  the  right,  at  any  and  all  times,  to  inspect  the  ac- 
counts, books,  papers  and  documents  of  any  public  utility,  and  the 
commission,  each  commissioner  and  any  officer  of  the  commission  or 
any  employee  authorized  to  administer  oaths  shall  have  power  to  ex- 
amine under  oath  any  officer,  agent  or  employee  of  such  public  utility 
in  relation  to  the  business  and  affairs  of  said  public  utility;  provided, 
that  any  person  other  than  a  commissioner  or  an  officer  of  the  com- 
mission demanding  such  inspection  shall  produce  under  the  hand  and 
seal  of  the  commission  his  authority  to  make  such  inspection;  and 
provided,  further,  that  written  record  of  the  testimony  or  statement 
so  given  under  oath  shall  be  made  and  filed  with  the  commission. 

§  59.  Office,  Books  and  Records  Within  the  State. — (a)  Each  public 
utility  shall  have  an  office  in  a  county  of  this  State  in  which  its  prop- 
erty or  some  portion  thereof  is  located  and  shall  keep  in  said  office  all 
such  books,  accounts,  papers  and  records  as  shall  be  required  by  the 
commission  to  be  kept  within  this  State.  No  books,  accounts,  papers 
or  records  required  by  the  commission  to  be  kept  within  this  State 
shall  be  at  any  time  removed  from  the  State  except  upon  such  con- 
ditions as  may  be  prescribed  by  the  commission. 

(b)  Production  of  Books  and  Records  Kept  Outside  the  State. — 
The  commission  may  require,  by  order  served  on  any  public  utility  in 
the  manner  provided  herein  for  the  service  of  orders,  the  production 
within  this  State  at  such  time  and  place  as  it  maj^  designate,  of  any 
books,  accounts,  papers  or  records  kept  by  said  public  utility  in  any 
office  or  place  without  this  State,  or,  at  its  option,  verified  copies  in 
lieu  thereof,  so  that  an  examination  thereof  may  be  made  by  the  com- 
mission or  under  its  direction. 

§  60.  Complaints. — Complaint  may  be  made  by  the  commission  of 
its  own  motion  or  by  any  corporation  or  person,  chamber  of  commerce, 
board  of  trade,  or  any  civic,  commercial,  mercantile,  traffic,  agricultural 
or  manufacturing  association  or  organization  or  any  body  politic  or 
municipal  corporation,  by  petition  or  complaint  in  writing,  setting  forth 
any  act  or  thing  done  or  omitted  to  be  done  by  any  public  utility  in- 
cluding any  rule,  regulation  or  charge  heretofore  established  or  fixed 


872  HILLYER^S  LEGAL   MANUAL. 

by  or  for  any  public  utility,  in  violation,  or  claimed  to  be  in  violation, 
of  any  provision  of  law  or  of  any  order  or  rule  of  the  commission; 
provided,  that  no  complaint  shall  be  entertained  by  the  commission, 
except  upon  its  own  motion,  as  to  the  reasonableness  of  any  rates  or 
charges  of  any  gas,  electrical,  water  or  telephone  corporation,  unless 
the  same  be  signed  by  the  mayor  or  the  president  or  chairman  of  the 
board  of  trustees  or  a  majority  of  the  council,  commission,  or  other 
legislative  body  of  the  city  and  county,  or  city  or  town,  if  any,  within 
which  the  alleged  violation  occurred,  or  not  less  than  twenty-five  con- 
sumers or  purchasers  or  prospective  consumers  or  purchasers,  of  such 
gas,  electricity,  water  or  telephone  service.  All  matters  upon  which 
complaint  may  be  founded  may  be  joined  in  one  hearing,  and  no  motion 
shall  be  entertained  against  a  complaint  for  misjoinder  of  causes  of 
action  or  grievances  or  misjoinder  or  nonjoinder  of  parties;  and  in 
any  review  by  the  courts  of  orders  or  decisions  of  the  commission  the 
same  rule  shall  apply  with  regard  to  the  joinder  of  causes  and  parties 
as  herein  provided.  The  commission  shall  not  be  required  to  dismiss 
any  complaint  because  of  the  absence  of  direct  damage  to  the  com- 
plainant. Upon  the  filing  of  a  complaint,  the  commission  shall  cause 
a  copy  thereof  to  be  served  upon  the  corporation  or  person  complained 
of.  Service  in  all  hearings,  investigations  and  proceedings  pending 
before  the  commission  may  be  made  upon  any  person  upon  whom  a 
summons  may  be  served  in  accordance  with  the  provisions  of  the 
Code  of  Civil  Procedure  of  this  State,  and  may  be  made  personally 
or  by  mailing  in  a  sealed  envelope,  registered,  with  postage  prepaid. 
The  commission  shall  fix  the  time  when  and  place  where  a  hearing 
will  be  had  upon  the  complaint  and  shall  serve  notice  thereof,  not  less 
than  ten  days  before  the  time  set  for  such  hearing,  unless  the  commis- 
sion shall  find  that  public  necessity  requires  that  such  hearing  be  held 
fit  an  earlier  date. 

§  61.    Hearings,  Orders  and  Record — Recovery  on  Decision. — (a) 

At  the  time  fixed  for  any  hearing  before  the  commission  or  a  com- 
missioner, or  the  time  to  which  the  same  may  have  been  continued, 
the  complainant  and  the  corporation  or  person  complained  of,  and 
such  corporations  or  persons  as  the  commission  may  allow  to  inter- 
vene, shall  be  entitled  to  be  heard  and  to  introduce  evidence.  The 
commission  shall  issue  process  to  enforce  the  attendance  of  all  neces- 
sary witnesses.  After  the  conclusion  of  the  hearing,  the  commission 
shall  make  and  file  its  order,  containing  its  decision.  A  copy  of  such 
order,  certified  under  the  seal  of  the  commission,  shall  be  served  upon 
the  corporation  or  person  complained  of,  or  his  or  its  attorney.  Said 
order  shall,  of  its  own  force,  take  effect  and  become  operative  twenty 
days  after  the  service  thereof,  except  as  otherwise  provided,  and  shall 
continue  in  force  either  for  a  period  which  may  be  designated  therein 
or  until  changed  or  abrogated  by  the  commission.  If  an  order  can- 
not, in  the  judgment  of  the  commission,  be  complied  with  within  twenty 
days,  the  commission  may  grant  and  prescribe  such  additional  time 
as  in  its  judgment  is  reasonably  necessary  to  comply  with  the  order, 


PUBLIC   UTILITIES  ACT.  873 

and  may  on  application  and  for  good  cause  shown,  extend  the  time 
for  compliance  fixed  in  its  order.  A  full  and  complete  record  of  all 
proceedings  had  before  the  commission  or  any  commissioner  on  any 
formal  hearing  had,  and  all  testimony  shall  be  taken  down  by  a  re- 
porter appointed  by  the  commission,  and  the  parties  shall  be  entitled 
to  be  heard  in  person  or  by  attorney.  In  case  of  an  action  to  review 
any  order  or  decision  of  the  commission,  a  transcript  of  such  testi- 
mony, together  with  all  exhibits  or  copies  thereof  introduced  and  all 
information  secured  by  the  commission  on  its  own  initiative  and  con- 
sidered by  it  in  rendering  its  order  or  decision,  and  of  the  pleadings, 
record  and  proceedings  in  the  cause,  shall  constitute  the  record  of  the 
commission;  provided,  that  on  review  of  an  order  or  decision  of  the 
commission,  the  petitioner  and  the  commission  may  stipulate  that  a 
certain  question  or  questions  alone  and  a  specified  portion  only  of  the 
evidence  shall  be  certified  to  the  supreme  court  for  its  judgment, 
whereupon  such  stipulation  and  the  question  or  questions  and  the  evi- 
dence therein  specified  shall  constitute  the  record  on  review. 

§  62.  Public  Utility  may  Complain. — Any  public  utility  shall  have 
a  right  to  complain  on  any  of  the  grounds  upon  which  complaints  are 
allowed  to  be  filed  by  other  parties,  and  the  same  procedure  shall  be 
adopted  and  followed  as  in  other  cases,  except  that  the  complaint  may 
be  heard  ex  parte  by  the  commission  or  may  be  served  upon  any  par- 
ties designated  by  the  commission. 

§  63.  Increases  in  Rates. —  (a)  No  public  utility  shall  raise  any  rate 
fare,  toll,  rental,  or  charge  or  so  alter  any  classification,  contract 
practice,  rule  or  regulation  as  to  result  in  an  increase  in  any  rate 
fare,  toll,  rental  or  charge,  under  any  circumstances  whatsoever,  ex- 
cept upon  a  showing  before  the  com^mission  and  a  finding  by  the  com- 
mission that  such  increase  is  justified. 

(b)  Hearing  and  Suspension  of  Rates. — Whenever  there  shall  be 
filed  with  the  commission  any  schedule  stating  an  individual  or  joint 
rate,  fare,  toll,  rental,  charge,  classification,  contract,  practice,  rule 
or  regulation,  not  increasing  or  resulting  in  an  increase  in  any  rate, 
fare,  toll,  rental  or  charge,  the  commission  shall  have  powder,  and  it  is 
hereby  given  authority,  either  upon  complaint  or  upon  its  own  initia- 
tive without  complaint,  at  once,  and  if  it  so  orders,  without  answer 
or  other  formal  pleadings  by  the  interested  public  utility  or  utilities, 
but  upon  reasonable  notice,  to  enter  upon  a  hearing  concerning  the 
propriety  of  such  rate,  fare,  toll,  rental,  charge,  classification,  con- 
tract, practice,  rule  or  regulation,  and  pending  the  hearing  and  the 
decision  thereon  such  rate,  fare,  toll,  rental,  charge,  classification, 
contract,  practice,  rule  or  regulation  shall  not  go  into  effect ;  provided, 
that  the  period  of  suspension  of  such  rate,  fare,  toll,  rental,  charge, 
classification,  contract,  practice,  rule  or  regulation  shall  not  extend 
beyond  one  hundred  and  twenty  days  beyond  the  time  when  such  rate, 
fare,  toll,  rental,  charge,  classification,  contract,  practice,  rule  or  regu- 
lation would  otherwise  go  into  effect  unless  the  commission,  in  its 
discretion,  extends  the  period  of  suspension  for  a  further  period  not 


874. 

exceeding  six  months.  On  such  hearing  the  commission  shall  estab- 
lish the  rates,  fares,  tolls,  rentals,  charges,  classifications,  contracts, 
practices,  rules  or  regulations  proposed,  in  whole  or  in  part,  or  others 
in  lieu  thereof,  which  it  shall  find  to  be  just  and  reasonable.  All  such 
rates,  fares,  tolls,  rentals,  charges,  classifications,  contracts,  practices, 
rules  and  regulations  not  so  suspended  shall,  on  the  expiration  of 
thirty  days  from  the  time  of  filing  the  same  with  the  commission,  or 
of  such  lesser  time  as  the  commission  may  grant,  go  into  effect  and  be 
the  established  and  effective  rates,  fares,  tolls,  rentals,  charges,  classi- 
fications, contracts,  practices,  rules  and  regulations,  subject  to  the 
power  of  the  commission,  after  a  hearing  had  on  its  own  motion  or 
upon  complaint,  as  herein  provided,  to  alter  or  modify  the  same. 

§  64.  Commission  may  Change  Orders  and  Decisions. — The  com- 
mission may  at  any  time,  upon  notice  to  the  public  utility  affected,  and 
after  opportunity  to  be  heard  as  provided  in  the  case  of  complaints, 
rescind,  alter  or  amend  any  order  or  decision  made  by  it.  Any  order 
rescinding,  altering  or  amending  a  prior  order  or  decision  shall,  when 
served  upon  the  public  utility  affected,  have  the  same  effect  as  is 
herein  provided  for  original  orders  or  decisions. 

§  65.     Orders  and  Decisions  Conclusive  in  Collateral  Proceedings. — 

In  all  collateral  actions  or  proceedings,  the  orders  and  decisions  of 
the  commission  which  have  become  final  shall  be  conclusive. 

§  66.  Rehearings. — After  any  order  or  decision  has  been  made  by 
the  commission,  any  party  to  the  action  or  proceeding,  or  any  stock- 
holder or  bondholder  or  other  party  pecuniarily  interested  in  the  pub- 
lic utility  affected,  may  apply  for  a  rehearing  in  respect  to  any  matters 
determined  in  said  action  or  proceeding  and  specified  in  the  applica- 
tion for  rehearing,  and  the  commission  may  grant  and  hold  such 
rehearing  on  said  matters,  if  in  its  judgment  sufficient  reason  therefor 
be  made  to  appear.  No  cause  of  action  arising  out  of  any  order  or 
decision  of  the  commission  shall  accrue  in  any  court  to  any  corpora- 
tion or  person  unless  such  corporation  or  person  shall  have  made, 
before  the  effective  date  of  said  order  or  decision,  application  to  the 
commission  for  a  rehearing.  Such  application  shall  set  forth  specifi- 
cally the  ground  or  grounds  on  which  the  applicant  considers  said 
decision  or  order  to  be  unlawful.  No  corporation  or  person  shall  in 
any  court  urge  or  rely  on  any  ground  not  so  set  forth  in  said  applica- 
tion. Any  application  for  a  rehearing  made  ten  days  or  more  before 
the  effective  date  of  the  order  as  to  which  a  rehearing  is  sought,  shall 
be  either  granted  or  denied  before  such  effective  date,  or  the  order 
shall  stand  suspended  until  such  application  is  granted  or  denied. 
Any  application  for  a  rehearing  made  within  less  than  ten  days  before 
the  effective  date  of  the  order  as  to  which  a  rehearing  is  sought,  and 
not  granted  within  twenty  days,  may  be  taken  by  the  party  making 
the  application  to  be  denied,  unless  the  effective  date  of  the  order 
is  extended  for  the  period  of  the  pendency  of  the  application.  If  any 
application  for  a  rehearing  be  granted  without  a  suspension  of  the 


PUBLIC  UTILITIES  ACT.  875 

order  involved,  the  commission  shall  forthwith  proceed  to  hear  the 
matter  with  all  dispatch  and  shall  determine  the  same  within  twenty 
days  after  final  submission,  and  if  such,  determination  is  not  made 
within  said  time,  it  may  be  taken  by  any  party  to  the  rehearing  that 
the  order  involved  is  affirmed.  An  application  for  rehearing  shall 
not  excuse  any  corporation  or  person  from  complying  with  and  obey- 
ing any  order  or  decision,  or  any  requirement  of  any  order  or  decision 
of  the  commission  theretofore  made,  or  operate  in  any  manner  to  stay 
or  postpone  the  enforcement  thereof,  except  in  such  cases  and  upon 
such  terms  as  the  commission  may  by  order  direct.  If,  after  such 
rehearing  and  a  consideration  of  all  the  facts,  including  those  arising 
since  the  making  of  the  order  or  decision,  the  commission  shall  be  of 
the  opinion  that  the  original  order  or  decision  or  any  part  thereof  is 
in  any  respect  unjust  or  unwarranted,  or  should  be  changed,  the  com- 
mission may  abrogate,  change  or  modify  the  same.  An  order  or  deci- 
sion made  after  such  rehearing  abrogating,  changing  or  modifying 
the  original  order  or  decision  shall  have  the  same  force  and  effect  as 
an  original  order  or  decision,  but  shall  not  affect  any  right  or  the 
enforcement  of  any  right  arising  from  or  by  virtue  of  the  original 
order  or  decision  unless  so  ordered  by  the  commission. 

§  67.  Review. — Within  thirty  days  after  the  application  for  a  re- 
hearing is  denied,  or,  if  the  application  is  granted,  then  within  thirty 
days  after  the  rendition  of  the  decision  on  rehearing,  the  applicant  may 
apply  to  the  Supreme  Court  of  this  State  for  a  writ  of  certiorari  or 
review  (hereinafter  referred  to  as  a  writ  of  review)  for  the  purpose  of 
having  the  lawfulness  of  the  original  order  or  decision  or  the  order 
or  decision  on  rehearing  inquired  into  and  determined.  Such  writ 
shall  be  made  returnable  not  later  than  thirty  days  after  the  date  of 
the  issuance  thereof,  and  shall  direct  the  commission  to  certify  its 
record  in  the  case  to  the  court.  On  the  return  day,  the  cause  shall 
be  heard  by  the  Supreme  Court,  unless  for  a  good  reason  shown  the 
same  be  continued.  No  new  or  additional  evidence  may  be  introduced 
in  the  Supreme  Court,  but  the  cause  shall  be  heard  on  the  record  of 
the  commission  as  certified  to  by  it.  The  review  shall  not  be  extended 
further  than  to  determine  whether  the  commission  has  regularly  pur- 
sued its  authority,  including  a  determination  of  whether  the  order  or 
decision  under  review  violates  any  right  of  the  petitioner  under  the 
Constitution  of  the  United  States  or  of  the  State  of  California.  The 
findings  and  conclusions  of  the  commission  on  questions  of  fact  shall 
be  final  and  shall  not  be  subject  to  review;  such  questions  of  fact  shall 
include  ultimate  facts  and  the  findings  and  conclusions  of  the  com- 
mission on  reasonableness  and  discrimination.  The  commission  and 
each  party  to  the  action  or  proceeding  before  the  commission  shall 
have  the  right  to  appear  in  the  review  proceeding.  Upon  the  hearing 
the  Supreme  Court  shall  enter  judgment  either  affirming  or  setting 
aside  the  order  or  decision  of  the  commission.  The  provisions  of  the 
Code  of  Civil  Procedure  of  this  State  relating  to  w^rits  of  review  shall, 
so  far  as  applicable  and  not  in  conflict  with  the  provisions  of  this  act, 


876 

apply  to  proceedingrs  instituted  in  the  Supreme  Court  under  the  pro- 
visions of  this  section.  No  court  of  this  State  (except  the  Supreme 
Court  to  the  extent  herein  specified)  shall  have  jurisdiction  to  review, 
reverse,  correct  or  annul  any  order  or  decision  of  the  commission  or  to 
suspend  or  delay  the  execution  or  operation  thereof,  or  to  enjoin,  re- 
strain or  interfere  with  the  commission  in  the  performance  of  its 
official  duties;  provided,  that  the  writ  of  mandamus  shall  lie  from  the 
Supreme  Court  to  the  commission  in  all  proper  cases. 

§  68.  Suspension  of  Commission's  Orders. — (a)  The  pendency  of 
a  writ  of  review  shall  not  of  itself  stay  or  suspend  the  operation  of 
the  order  or  decision  of  the  commission,  but  during  the  pendency  of 
such  writ,  the  Supreme  Court  in  its  discretion  may  stay  or  suspend, 
in  whole  or  in  part,  the  operation  of  the  commission's  order  or  decision. 

(b)  Notice  and  Hearing. — No  order  so  staying  or  suspending  an 
order  or  decision  of  the  commission  shall  be  made  by  the  Supreme 
Court  otherwise  than  upon  three  days'  notice  and  after  hearing,  and 
if  the  order  or  decision  of  the  commission  is  suspended,  the  order  sus- 
pending the  same  shall  contain  a  specific  finding  based  upon  evidence 
submitted  to  the  court  and  identified  by  reference  thereto,  that  great 
or  irreparable  damage  would  otherwise  result  to  the  petitioner  and 
specifying  the  nature  of  the  damage. 

(c)  Suspending"  Bond. — In  case  the  order  or  decision  of  the  com- 
mission is  stayed  or  suspended,  the  order  of  the  court  shall  not  become 
effective  until  a  suspending  bond  shall  first  have  been  executed  and 
filed  with,  and  approved  by  the  commission  (or  approved,  on  review, 
by  the  Supreme  Court),  payable  to  the  people  of  the  State  of  Cali- 
fornia, and  sufficient  in  amount  and  security  to  insure  the  prompt  pay- 
ment, by  the  party  petitioning  for  the  review,  of  all  damages  caused 
by  the  delay  in  the  enforcement  of  the  order  or  decision  of  the  com- 
mission, and  of  all  moneys  w^hich  an}^  person  or  corporation  may  be 
compelled  to  pay,  pending  the  review  proceedings,  for  transportation, 
transmission,  product,  commodity  or  service  in  excess  of  the  charges 
fixed  by  the  order  or  decision  of  the  commission,  in  case  said  order  or 
decision  is  sustained.  The  Supreme  Court,  in  case  it  stays  or  sus- 
pends the  order  or  decision  of  the  commission  in  any  matter  affecting 
rates,  fares,  tolls,  rentals,  charges  or  classifications,  shall  also  by  order 
direct  the  public  utility  affected  to  pay  into  court,  from  time  to  time, 
there  to  be  impounded  until  the  final  decision  of  the  ease,  or  into  some 
bank  or  trust  company  paying  interest  on  deposits,  under  such  con- 
ditions as  the  court  may  prescribe,  all  sums  of  money  which  it  may 
collect  from  any  corporation  or  person  in  excess  of  the  sum  such  cor- 
poration or  person  would  have  been  compelled  to  pay  if  the  order  or 
decision  of  the  commission  had  not  been  stayed  or  suspended. 

(d)  Accounting  for  Overcharges  Pending  Review. — In  case  the 
Supreme  Court  stays  or  suspends  any  order  or  decision  lowering  any 
rate,  fare,  toll,  rental,  charge  or  classification,  the  commission,  upon 
the  execution  and  approval  of  said  suspending  bond,  shall  forthwith 


PUBLIC  UTILITIES  ACT.  877 

require  the  public  utility  affected,  under  penalty  of  the  immediate 
enforcement  of  the  order  or  decision  of  the  commission  (pending  the 
review  and  notwithstanding  the  suspending  order),  to  keep  such  ac- 
counts, verified  by  oath,  as  may,  in  the  judgment  of  the  commission, 
suffice  to  show  the  amounts  being  charged  or  received  by  such  public 
utility,  pending  the  review,  in  excess  of  the  charges  allowed  by  the 
order  or  decision  of  the  commission,  together  with  the  names  and 
addresses  of  the  corporations  or  persons  to  whom  overcharges  will  be 
refundable  in  case  the  charges  made  by  the  public  utility,  pending 
the  review,  be  not  sustained  by  the  Supreme  Court.  The  court  may, 
from  time  to  time,  require  said  party  petitioning  for  a  review  to  give 
additional  security  on,  or  to  increase  the  said  suspending  bond,  when- 
ever in  the  opinion  of  the  court  the  same  may  be  necessary  to  insure 
the  prompt  payment  of  said  damages  and  said  overcharges.  Upon 
the  final' decision  by  the  Supreme  Court,  all  moneys  which  the  public 
utility  may  have  collected,  pending  the  appeal  in  excess  of  those 
authorized  by  such  final  decision,  together  with  interest,  in  case  the 
court  ordered  the  deposit  of  such  moneys  in  a  bank  or  trust  company, 
shall  be  promptly  paid  to  the  corporations  or  persons  entitled  thereto, 
in  such  manner  and  through  such  methods  of  distribution  as  may  be 
prescribed  by  the  commission.  If  any  such  moneys  shall  not  have 
been  claimed  by  the  corporations  or  persons  entitled  thereto  within  one 
year  from  the  final  decision  of  the  Supreme  Court,  the  commission 
shall  cause  notice  to  such  corporations  or  persons  to  be  given  by  publi- 
cation, once  a  week  for  two  successive  weeks,  in  a  newspaper  of  gen- 
eral circulation,  printed  and  published  in  the  city  and  county  of  San 
Francisco,  and  such  other  newspaper  or  newspapers  as  may  be  desig- 
nated by  the  commission,  said  notice  to  state  the  names  of  the  corpora- 
tions or  persons  entitled  to  such  moneys  and  the  amount  due  each 
corporation  or  person.  All  moneys  not  claimed  within  three  months 
after  the  publication  of  said  notice  shall  be  paid  by  the  public  utility, 
under  the  direction  of  the  commission,  into  the  State  treasury  for  the 
benefit  of  the  general  fund. 

§  69.  Court  Proceedings — Preference. — All  actions  and  proceedings 
under  this  act,  and  all  actions  or  proceedings  to  which  the  commission 
or  the  people  of  the  State  of  California  may  be  parties,  and  in  which 
any  question  arises  under  this  act,  or  under  or  concerning  any  order 
or  decision  of  the  commission,  shall  be  preferred  over  all  other  civil 
causes  except  election  causes  and  shall  be  heard  and  determined  in 
preference  to  all  other  civil  business  except  election  causes,  irrespec- 
tive of  position  on  the  calendar.  The  same  preference  shall  be  granted 
upon  application  of  the  attorney  of  the  commission  in  any  action  or 
proceeding  in  which  he  may  be  allowed  to  intervene. 

§  70.  Physical  Valuation — Procedure. — For  the  purpose  of  ascer- 
taining the  matters  and  things  specified  in  section  47  of  this  act,  con- 
cerning the  value  of  the  property  of  public  utilities,  the  commission 
may  cause  a  hearing  or  hearings  to  be  held  at  such  time  or  times  and 
place  or  places  as  the  commission  may  designate.     Before  an}^  hearing 


878 

is  had,  the  commission  shall  give  the  public  utility  affected  thereby  at 
least  thirty  daj^s'  written  notice,  specifying  the  time  and  place  of  such 
hearing,  and  such  notice  shall  be  sufficient  to  authorize  the  commission 
to  inquire  into  the  matters  designated  in  this  section  and  in  said  sec- 
tion 47  of  this  act,  but  this  provision  shall  not  prevent  the  commission 
from  making  any  preliminary  examination  or  investigation  into  the 
matters  herein  referred  to,  or  from  inquiring  into  such  matters  in  any 
other  investigation  or  hearing.  All  public  utilities  affected  shall  be 
entitled  to  be  heard  and  to  introduce  evidence  at  such  hearing  or  hear- 
ings. The  commission  is  empowered  to  resort  to  any  other  source  of 
information  available.  The  evidence  introduced  at  such  hearing  shall 
be  reduced  to  writing  and  certified  under  the  seal  of  the  commission. 
The  commission  shall  make  and  file  its  findings  of  fact  in  writing  upon 
all  matters  concerning  which  evidence  shall  have  been  introduced  be- 
fore it  which  in  its  judgment  have  bearing  on  the  value  of  the  prop- 
erty of  the  public  utility  affected.  Such  findings  shall  be  subject  to 
review  by  the  Supreme  Court  of  this  state  in  the  same  manner  and 
within  the  same  time  as  other  orders  and  decisions  of  the  commission. 
The  findings  of  the  commission  so  made  and  filed,  when  properly 
certified  under  the  seal  of  the  commission,  shall  be  admissible  in  evi- 
dence in  any  action,  proceeding  or  hearing  before  the  commission  or 
any  court,  in  which  the  commission,  the  State  or  any  officer,  depart- 
ment or  institution  thereof,  or  amy  county,  city  and  county,  munici- 
pality or  other  body  politic  and  the  public  utility  affected  may  be 
interested  whether  arising  under  the  provisions  of  this  act  or  other- 
wise, and  such  findings,  when  so  introduced,  shall  be  conclusive  evi- 
dence of  the  facts  therein  stated  as  of  the  date  therein  stated  under 
conditions  then  existing,  and  such  facts  can  only  be  controverted  by 
showing  a  subsequent  change  in  conditions  bearing  upon  the  facts 
therein  determined.  The  commission  may  from  time  to  time  cause 
further  hearings  and  investigations  to  be  had  for  the  purpose  of  mak- 
ing revaluations  or  ascertaining  the  value  of  any  betterments,  improve- 
ments, additions  or  extensions  made  by  any  public  utility  subsequent 
to  any  prior  hearing  or  investigation,  and  may  examine  into  all  mat- 
ters which  may  change,  modify  or  affect  any  finding  of  fact  previously 
made,  and  may  at  such  time  make  findings  of  fact  supplementary  to 
those  theretofore  made.  Such  hearings  shall  be  had  upon  the  same 
notice  and  be  conducted  in  the  same  manner,  and  the  findings  so  made 
shall  have  the  same  force  and  effect  as  is  provided  herein  for  such 
original  notice,  hearing  and  findings;  provided,  that  such  findings 
made  at  such  supplemental  hearings  or  investigations  shall  be  consid- 
ered in  connection  with  and  as  a  part  of  the  original  findings  except 
in  so  far  as  such  supplemental  findings  shall  change  or  modify  the 
findings  made  at  the  original  hearing  or  investigation. 

§  71.  Excessive  or  Discriminatory  Charges  —  Reparation. — (a) 
When  complaint  has  been  made  to  the  commission  concerning  any 
rate,  fare,  toll,  rental  or  charge  for  any  product  or  commodity  fur- 
nished or  service  performed  by  any  public  utility,  and  the  commission 
has  found,  after  investigation,  that  the  public  utility  has  charged  an 


PUBLIC  UTILITIES  ACT.  879 

excessive  or  discriminatory  amount  for  such  product,  commodity  or 
service,  the  commission  may  order  that  the  public  utility  make  due 
reparation  to  the  complainant  therefor,  with  interest  from  the  date  of 
collection;  provided,  no  discrimination  will  result  from  such  repara- 
tion. 

(b)  Compliance  With  Reparation  Order. — If  the  public  utility  does 
not  comply  with  the  order  for  the  payment  of  reparation  within  the 
time  specified  in  such  order,  suit  may  be  instituted  in  any  court  of 
competent  jurisdiction  to  recover  the  same.  All  complaints  concern- 
ing excessive  or  discriminatory  charges  shall  be  filed  with  the  commis- 
sion within  two  years  from  the  time  the  cause  of  action  accrues,  and 
the  petition  for  the  enforcement  of  the  order  shall  be  filed  in  the  court 
within  one  year  from  the  date  of  the  order  of  the  commission.  The 
remedy  in  this  section  provided  shall  be  cumulative  and  in  addition 
to  any  other  remedy  or  remedies  in  this  act  provided  in  case  of  failure 
of  a  public  utility  to  obey  an  order  or  decision  of  the  commission. 

§  72.  Commission  shall  Enforce  Laws. — It  is  hereby  made  the  duty 
of  the  commission  to  see  that  the  provisions  of  the  Constitution  and 
statutes  of  this  State  affecting  public  utilities,  the  enforcement  of 
which  is  not  specifically  vested  in  some  other  officer  or  tribunal,  are 
enforced  and  obeyed,  and  that  violations  thereof  are  promptly  prose- 
cuted and  penalties  due  the  State  therefor  recovered  and  collected, 
and  to  this  end  it  may  sue  in  the  name  of  the  people  of  the  State  of 
California.  Upon  the  request  of  the  commission,  it  shall  be  the  duty 
of  the  attorney  general  or  the  district  attorney  of  the  proper  county 
or  city  and  county  to  aid  in  any  investigation,  hearing  or  trial  had 
under  the  provisions  of  this  act,  and  to  institute  and  prosecute  actions 
or  proceedings  for  the  enforcement  of  the  provisions  of  the  Constitu- 
tion and  statutes  of  this  State  affecting  public  utilities  and  for  the 
punishment  of  all  violations  thereof. 

§  73.  Public  Utilities  Liable  for  Damages. — (a)  In  case  any  public 
utility  shall  do,  cause  to  be  done  or  permit  to  be  done  any  act,  matter 
or  thing  prohibited,  forbidden  or  declared  to  be  unlawful,  or  shall 
omit  to  do  any  act,  matter  or  thing  required  to  be  done,  either  by  the 
Constitution,  any  law  of  this  State  or  any  order  or  decision  of  the  com- 
mission, such  public  utility  shall  be  liable  to  the  persons  or  corpora- 
tions affected  thereby  for  all  loss,  damages  or  injury  caused  thereby 
or  resulting  therefrom,  and  if  the  court  shall  find  that  the  act  or 
omission  was  willful,  the  court  may  in  addition  to  the  actual  damages 
award  damages  for  the  sake  of  example  and  by  way  of  punishment. 
An  action  to  recover  for  such  loss,  damage  or  injury  may  be  brought 
in  any  court  of  competent  jurisdiction  by  any  corporation  or  person. 

(b)  No  recovery  as  in  this  section  provided  shall  in  any  manner 
effect  a  recovery  by  the  State  of  the  penalties  in  this  act  provided  or 
the  exercise  by  the  commission  of  its  power  to  punish  for  contempt. 

§  74.  Effect  of  Act  on  Release  of  Damages. — (a)  This  act  shall 
not  have  the  effect  to  release  or  waive  any  right  of  action  by  the  State, 
the  commission,  or  any  person  or  corporation  for  any  right,  penalty 


880  hillyer's  legal  manual. 

or  forfeiture  which  may  have  arisen  or  accrued  or  may  hereafter  arise 
or  accrue  under  any  law  of  this  State. 

(b)  Penalties  Cumulative. — All  penalties  accruing  under  this  act 
shall  be  cumulative  of  each  other,  and  a  suit  for  the  recovery  of  one 
penalty  shall  not  be  a  bar  to  or  affect  the  recovery  of  any  other  pen- 
alty or  forfeiture  or  be  a  bar  to  any  criminal  prosecution  against  any 
public  utility,  or  any  officer,  director,  agent  or  employee  thereof,  or 
any  other  corporation  or  person,  or  be  a  bar  to  the  exercise  by  the 
commission  of  its  power  to  punish  for  contempt. 

§  75.  Summary  Proceedings. — Whenever  the  commission  shall  be 
of  the  opinion  that  any  public  utility  is  failing  or  omitting  or  about 
to  fail  or  omit,  to  do  anything  required  of  it  by  law,  or  by  any  order, 
decision,  rule,  direction  or  requirement  of  the  commission,  or  is  doing 
anything  or  about  to  do  anything,  or  permitting  anything  or  about 
to  permit  anything  to  be  done,  contrary  to  or  in  violation  of  law  or 
of  any  order,  decision,  rule,  direction  or  requirement  of  the  commis- 
sion, it  shall  direct  the  attorney  of  the  commission  to  commence  an 
action  or  proceeding  in  the  Superior  Court  in  and  for  the  county,  or 
city  and  county,  in  which  the  cause  or  some  part  thereof  arose,  or  in 
which  the  corporation  complained  of,  if  any,  has  its  principal  place  of 
business,  or  in  which  the  person,  if  any,  complained  of,  resides,  in  the 
name  of  the  people  of  the  State  of  California,  for  the  purpose  of  hav- 
ing such  violations  or  threatened  violations  stopped  and  prevented, 
either  by  mandamus  or  injunction.  The  attorney  of  the  commission 
shall  thereupon  begin  such  action  or  proceeding  by  petition  to  such 
Superior  Court,  alleging  the  violation  or  threatened  violation  com- 
plained of,  and  praying  for  appropriate  relief  by  way  of  mandamus  or 
injunction.  It  shall  thereupon  be  the  duty  of  the  court  to  specify  a 
time,  not  exceeding  twenty  days  after  the  service  of  the  copy  of  the 
petition,  within  which  the  public  utility  complained  of  must  answer 
the  petition,  and  in  the  meantime  said  public  utility  may  be  restrained. 
In  case  of  default  in  answer,  or  after  answer,  the  court  shall  immedi- 
ately inquire  into  the  facts  and  circumstances  of  the  case.  Such  cor- 
porations or  persons  as  the  court  may  deem  necessary  or  proper  to  be 
joined  as  parties,  in  order  to  make  its  judgment,  order  or  writ  effec- 
tive, may  be  joined  as  parties.  The  final  judgment  in  any  such  action 
or  proceeding  shall  either  dismiss  the  action  or  proceeding  or  direct 
that  the  writ  of  ^iuandcbmus  or  injunction  issue  or  be  made  permanent 
as  prayed  for  in  the  petition,  or  in  such  modified  or  other  form  as  will 
afford  appropriate  relief.  An  appeal  may  be  taken  to  the  Supreme 
Court  from  such  final  judgment  in  the  same  manner  and  with  the 
same  effect,  subject  to  the  provisions  of  this  act,  as  appeals  are  taken 
from  judgments  of  the  Superior  Court  in  other  actions  for  mandamus 
or  injunction. 

§  76.  Penalties,  Violations  by  Public  Utilities. — (a)  Any  public 
utility  which  violates  or  fails  to  comply  with  any  provision  of  the 
Constitution  of  this  State  of  of  this  act,  or  which  fails,  omits  or  neglects 
to  obey,  observe  or  comply  with    any    order,    decision,    decree,  rule, 


PUBLIC  UTILITIES  ACT.  881 

direction,  demand  or  requirement  or  any  part  or  provision  thereof,  of 
the  commission,  in  a  case  in  which  a  penalty  has  not  hereinbefore  been 
provided  for  such  public  utility,  is  subject  to  a  penalty  of  not  less  than 
five  hundred  dollars  nor  more  than  two  thousand  dollars  for  each  and 
every  offense. 

(b)  Each  Day  a  Separate  Offense. — Every  violation  of  the  provisions 
of  this  act  or  of  any  order,  decision,  decree,  rule,  direction,  demand  or 
requirement  of  the  commission,  or  any  part  or  portion  thereof  by  any 
corporation  or  person  is  a  separate  and  distinct  offense,  and  in  case 
of  a  continuing  violation  each  day's  continuance  thereof  shall  be  and 
be  deemed  to  be  a  separate  and  distinct  offense. 

(c)  Act  of  Officer  is  Act  of  the  Public  Utility. — In  construing  and 
enforcing  the  provisions  of  this  act  relating  to  penalties,  the  act,  omis- 
sion or  failure  of  any  officer,  agent  or  employee  of  any  public  utility, 
acting  within  the  scope  of  his  official  duties  or  employment,  shall  in 
every  case  be  and  be  deemed  to  be  the  act,  omission  or  failure  of  such 
public  utility. 

§  77.  Penalties,  Violations  by  Officers,  Agents  or  Employees  of 
Public  Utilities. — Every  officer,  agent  or  employee  of  any  public  utility, 
who  violates  or  fails  to  comply  with,  or  who  procures,  aids  or  abets 
any  violation  of  any  public  utility  of  any  provision  of  the  Constitution 
of  this  State  or  of  this  act,  or  who  fails  to  obey,  observe  or  comply 
with  any  order,  decision,  rule,  direction,  demand  or  requirement  or 
any  part  or  provision  thereof,  of  the  commission,  or  who  procures, 
aids  or  abets  any  public  utility  in  its  failure  to  obey,  observe  and  com- 
ply with  any  such  order,  decision,  rule,  direction,  demand  or  require- 
ment, or  any  part  or  provision  thereof  in  a  case  in  which  a  penalty 
has  not  hereinbefore  been  provided  for  such  officer,  agent  or  employee, 
is  guilty  of  a  misdemeanor  and  is  punishable  by  a  fine  not  exceeding 
one  thousand  dollars,  or  by  imprisonment  in  a  county  jail  not  exceed- 
ing one  year,  or  by  both  such  fine  and  imprisonment. 

§  78.  Penalties,  Violations  by  Corporations  Other  Than  Public 
Utilities. — Every  corporation,  other  than  a  public  utility,  which  vio- 
lates any  provision  of  this  act,  or  which  fails  to  obey,  observe  or 
comply  with  any  order,  decision,  rule,  direction,  demand  or  require- 
ment, or  any  part  or  provision  thereof,  of  the  commission,  in  a  case  in 
which  a  penalty  has  not  hereinbefore  been  provided  for  such  corpora- 
tion, is  subject  to  a  penalty  of  not  less  than  five  hundred  dollars  nor 
more  than  two  thousand  dollars  for  each  and  every  offense. 

§  79.  Penalties,  Violations  by  Persons  Other  Than  Officers,  etc.,  of 
Public  Utilities. — Every  person  who,  either  individually,  or  acting 
as  an  officer,  agent  or  employee  of  a  corporation  other  than  a  public 
utility,  violates  any  provision  of  this  act,  or  fails  to  observe,  obey 
or  comply  with  any  order,  decision,  rule,  direction,  demand  or  require- 
ment, or  any  part  or  portion  thereof,  of  the  commission,  or  who  pro- 
cures, aids  or  abets  any  such  public  utility  in  its  violation  of  this  act, 
or  in  its  failure  to  obey,  observe  or  comply  with  any  such  order, 
56 


882  hillyer's  legal  manual. 

decision,  rule,  direction,  demand  or  requirement,  or  any  part  or  por- 
tion thereof,  in  a  case  in  which  a  penalty  has  not  hereinbefore  been 
provided  for  such  person,  is  guilty  of  a  misdemeanor,  and  is  punishable 
by  a  fine  not  exceeding  one  thousand  dollars,  or  by  imprisonment  in  a 
county  jail  not  exceeding  one  year,  or  by  both  such  fine  and  imprison- 
ment. 

§  80.  Suits  for  Penalties. — Actions  to  recover  penalties  under  this 
act  shall  be  brought  in  the  name  of  the  people  of  the  State  of  Cali- 
fornia, in  the  Superior  Court  in  and  for  the  county,  or  city  and  county, 
in  which  the  cause  or  some  part  thereof  arose,  or  in  which  the  corpora- 
tion complained  of,  if  any,  has  its  principal  place  of  business,  or  in 
which  the  person,  if  any,  complained  of,  resides.  Such  action  shall 
be  commenced  and  prosecuted  to  final  judgment  by  the  attorney  of 
the  commission.  In  any  such  action,  all  penalties  incurred  up  to  the 
time  of  commencing  the  same  may  be  sued  for  and  recovered.  In  all 
such  actions,  the  procedure  and  rules  of  evidence  shall  be  the  same  as 
in  ordinary  civil  actions,  except  as  otherwise  herein  provided.  All 
fines  and  penalties  recovered  by  the  State  in  any  such  action,  together 
with  the  costs  thereof,  shall  be  paid  into  the  State  treasury  to  the 
credit  of  the  general  fund.  Any  such  action  may  be  compromised  or 
discontinued  on  application  of  the  commission  upon  such  terms  as  the 
court  shall  approve  and  order. 

§  81.  Contempt  Proceedings. — Every  public  utility,  corporation  or 
person  which  shall  fail  to  observe,  obey  or  comply  with  any  order, 
decision,  rule,  regulation,  direction,  demand  or  requirement,  or  any 
part  or  portion  thereof,  of  the  commission  or  any  commissioner  shall 
be  in  contempt  of  the  commission,  and  shall  be  punishable  by  the  com- 
mission for  contempt  in  the  same  manner  and  to  the  same  extent  as 
contempt  is  punished  by  courts  of  record.  The  remedy  prescribed  in 
this  section  shall  not  be  a  bar  to  or  affect  any  other  remedy  prescribed 
in  this  act,  but  shall  be  cumulative  and  in  addition  to  such  other 
remedy  or  remedies. 

§  82.  Efifect  of  Act  on  Existing  Powers  of  Any  City  and  County, 
or  Incorporated  City  or  Town. — This  act  shall  not  affect  such  powers 
of  control  over  any  public  utility  vested  in  any  city  and  county  or 
incorporated  city  or  town  as,  at  an  election  to  be  held  pursuant  to 
laws  to  be  hereafter  passed  by  the  legislature,  a  majority  of  the 
qualified  electors  voting  thereon  of  such  city  and  county,  or  incor- 
porated city  or  town,  shall  vote  to  retain,  and  until  such  election  such 
powers  shall  continue  unimpaired  in  such  city  and  county  or  incor- 
porated city  or  town ;  but  if  the  vote  so  taken  shall  not  favor  the 
continuation  of  such  powers,  they  shall  thereafter  vest  in  the  commis- 
sion; provided,  that  where  any  such  city  and  county  or  incorporated 
city  or  town  shall  have  elected  to  continue  any  powers  respecting  pub- 
lic utilities,  it  may,  by  a  vote  of  a  majority  of  its  qualified  electors 
voting  thereon,  thereafter  surrender  such  powers  to  the  commission 
in  the  manner  to  be  prescribed  by  the  legislature ;  or  if  such  municipal 
corporation  shall  have  surrendered  any  powers  to  the  commission,  it 
may,  by  like  vole,  thereafter  reinvest  itself  with  such  power. 


PUBLIC  UTILITIES  ACT.  883 

§  83.  Effect  of  Act  on  Pending  Actions  and  Proceedings. — (a)  This 
act  shall  not  affect  pending  actions  or  proceedings  brought  by  or 
against  the  people  of  the  State  of  California  or  the  commission,  or  by 
any  other  person  or  corporation  under  the  provisions  of  chapters  20 
or  386  of  the  Laws  of  1911,  but  the  same  may  be  prosecuted  and 
defended  with  the  same  effect  as  though  this  act  had  not  been  passed. 
Any  investigation,  hearing,  or  examination  undertaken,  commenced, 
instituted  or  prosecuted  prior  to  the  taking  effect  of  this  act  may  be 
conducted  and  continued  to  a  final  determination  in  the  same  manner 
and  with  the  same  effect  as  if  it  had  been  undertaken,  commenced, 
instituted  or  prosecuted  in  accordance  with  the  provisions  of  this  act. 
All  proceedings  hitherto  taken  by  the  commission  in  any  such  investi- 
gation, hearing  or  examination  are  hereby  ratified,  approved,  validated 
and  confirmed  and  all  such  proceedings  shall  have  the  same  force  and 
effect  as  if  they  had  been  undertaken,  commenced,  instituted,  and 
prosecuted  under  the  provisions  of  this  act  and  in  the  manner  herein 
prescribed. 

(b)  No  Cause  of  Action  to  Abate. — No  cause  of  action  arising  under 
the  provisions  of  chapters  20  or  386  of  the  Laws  of  1911  shall  abate 
by  reason  of  the  passage  of  this  act,  whether  a  suit  or  action  has  been 
instituted  thereon  at  the  time  of  the  taking  effect  of  this  act  or  not, 
but  actions  may  be  brought  upon  such  causes  in  the  same  manner, 
under  the  same  terms  and  conditions,  and  with  the  same  effect  as 
though  said  chapters  had  not  been  repealed. 

(c)  Rules  Continued  in  Force. — All  orders,  decisions,  rules  or  regu- 
lations heretofore  made,  issued  or  promulgated  by  the  commission 
shall  continue  in  force  and  have  the  same  effect  as  though  they  had 
been  lawfully  made,  issued  or  promulgated  under  the  provisions  of 
this  act. 

(d)  Construction. — This  act,  in  so  far  as  it  embraces  the  same  sub- 
ject matter,  shall  be  construed  as  a  continuation  of  chapter  20  of  the 
Laws  of  1911,  approved  February  10,  1911,  and  chapter  386  of  the 
Laws  of  1911,  approved  April  6,  1911. 

§  84.  Constitutionality. — If  any  section,  subsection,  sentence,  clause 
or  phrase  of  this  act  is  for  any  reason  held  to  be  unconstitutional,  such 
decision  shall  not  affect  the  validity  of  the  remaining  portions  of  this 
act.  The  legislature  hereby  declares  that  it  would  have  passed  this 
act,  and  each  section,  subsection,  sentence,  clause  and  phrase  thereof, 
irrespective  of  the  fact  that  any  one  or  more  other  sections,  subsec- 
tions, sentences,  clauses  or  phrases  be  declared  unconstitutional. 

§  85.  Interstate  Commerce. — Neither  this  act  nor  any  provision 
thereof,  except  when  specifically  so  stated,  shall  apply  or  be  construed 
to  apply  to  commerce  with  foreign  nations  or  commerce  among  the 
several  States  of  this  Union,  except  in  so  far  as  the  same  may  be  per- 
mitted under  the  provisions  of  the  Constitution  of  the  United  States 
and  the  acts  of  Congress. 

§  86.  Appropriation. — All  moneys  which  are  paid  into  the  State 
treasury  by  the  commission  under  the  provisions  of  section  57  of  this 


884  HILLYER^S  LEGAL   MANUAL. 

act,  and  credited  to  the  railroad  commission  fund,  are  hereby  appro- 
priated, to  be  used  by  the  commission  in  carrying  out  the  provisions  of 
this  act,  and  the  controller  is  hereby  directed  to  draw  his  warrant  on 
said  fund  from  time  to  time  in  favor  of  the  commission  for  the  amounts 
expended  under  its  direction,  and  the  treasurer  is  hereby  authorized 
and  directed  to  pay  the  same. 

§  87.  Repeal. — The  railroad  commission  act,  approved  February 
10,  1911,  and  the  act  entitled  *'An  act  to  amend  the  railroad  commis- 
sion act  by  amending  section  fifteen  thereof  relating  to  powers  and 
duties  of  the  railroad  commission  of  the  State  of  California,  and  to 
amend  section  thirty-seven  thereof  relating  to  free  and  reduced-rate 
transportation  for  freight  and  passengers,"  approved  April  6,  1911, 
and  all  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this 
act,  are  hereby  repealed. 

§  88.  Time  of  Effect.— This  act  shall  take  effect  ninety  days  after 
the  final  adjournment  of  this  session  of  the  legislature. 

WATER  COMPANIES  ACT. 

(Approved  April  30,  1913.) 

§  1.  A  public  utility  subject  to  control  by  railroad  commission. 

§  2.  Mutual  company  not  a  public  utility. 

§  3.  When  a  mutual  company  becomes  a  public  utility. 

§  4.  Regulation  of  utility. 

§  5.  Limiting  sale  of  water. 

§  6.  Powers  of  railroad  commission. 

§  7.  Defining  language  of  section  1. 

§  1.    A  Public  Utility  Subject  to  Control  by  Railroad  Commission. — 

Whenever  any  person,  firm  or  private  corporation,  their  lessees,  trus- 
tees, receivers  or  trustees  appointed  by  any  court  whatsoever,  owning, 
controlling,  operating  or  managing  any  water  system  within  this 
State,  sells,  leases,  rents  or  delivers  water  to  any  person,  firm,  private 
corporation,  municipality  or  any  other  political  subdivision  of  the 
State  whatsoever,  except  as  limited  by  section  2  hereof,  whether  under 
contract  or  otherwise,  such  person,  firm  or  private  corporation  is  a 
public  utility,  and  subject  to  the  provisions  of  the  public  utilities  act 
of  this  State  and  the  jurisdiction,  control  and  regulation  of  the  rail- 
road commission  of  the  State  of  California. 

§  2.  Mutual  Company  not  a  Public  Utility. — Whenever  any  private 
corporation  or  association  is  organized  for  the  purpose  solely  of  deliv- 
ering water  to  its  stockholders  or  members  at  cost,  and  delivers  water 
to  no  one  except  its  stockholders  or  members  at  cost,  such  private  cor- 
poration or  association  is  not  a  public  utility,  and  is  not  subject  to  the 
jurisdiction,  control  or  regulation  of  the  railroad  commission  of  the 
State  of  California. 

§  3.  When  a  Mutual  Company  Becomes  a  Public  Utility. — When- 
ever any  private  corporation  or  association  organized  for  the  purpose 


WATER   COMPANIES   ACT.  885 

of  delivering  water  solely  to  its  stockholders  or  members  at  cost  does 
deliver  water  to  others  than  its  stockholders  or  members  for  compensa- 
tion, such  private  corporation  or  association  becomes  a  public  utility 
and  subject  to  the  terms  of  the  public  utilities  act  and  the  jurisdic- 
tion, control  and  regulation  of  the  railroad  commission  of  the  State  of 
California. 

§  4.  Regulation  of  Utility. — Whenever  any  private  corporation  or 
association  is  organized  both  for  the  purpose  of  delivering  water  to  its 
stockholders  or  members  at  cost  and  to  persons,  firms,  corporations, 
municipalities  or  other  political  subdivisions  of  the  State  in  addition 
thereto,  such  private  corporation  or  association  is  a  public  utility  and 
subject  to  the  provisions  of  the  public  utilities  act  and  to  the  juris- 
diction, control  and  regulation  of  the  railroad  commission  of  the  State 
of  California. 

§  5.  Limiting  Sale  of  Water. — Whenever  the  railroad  commission, 
after  a  hearing  had  upon  its  own  motion  or  upon  complaint,  shall  find 
that  any  water  company  which  is  a  public  utility  operating  within 
this  State  has  reached  the  limit  of  its  capacity  to  supply  water  and 
that  no  further  consumers  of  water  can  be  supplied  from  the  system 
of  such  utility  without  injuriously  withdrawing  the  supply  wholly  or 
in  part  from  those  who  have  theretofore  been  supplied  by  such  cor- 
poration, the  railroad  commission  may  order  and  require  that  no  such 
corporation  shall  furnish  water  to  any  new  or  additional  consumers 
until  such  order  is  vacated  or  modified  by  the  said  commission.  The 
commission  shall  likewise  have  the  power  after  hearing  upon  its  own 
motion  or  upon  complaint,  to  require  any  such  water  company  to  allow 
additional  consumers  to  be  served  when  it  shall  appear  that  to  supply 
such  additional  consumers  will  not  injuriously  withdraw  the  supply 
wholly  or  in  part  from  those  who  theretofore  had  been  supplied  by 
such  public  utility. 

§  6.  Powers  of  Railroad  Commission. — The  railroad  commission 
shall  have  the  power  to  require  any  and  all  water  corporations  to  file 
with  the  commission  a  statement  in  writing  defining  and  describing  the 
lands  and  territory  to  be  supplied  by  such  corporation  with  water, 
and  when  such  territory  is  described  and  defined  in  the  articles  of 
incorporation  of  any  such  corporation  or  in  the  places  of  designated 
use  in  the  notices  of  appropriation  under  which  the  rights  of  such 
corporation  to  appropriated  water  are  initiated  in  accordance  with 
section  1415  of  the  Civil  Code,  and  it  shall  appear  either  from  said 
statement  filed  by  such  water  corporation  or  from  said  articles  of  in- 
corporation or  said  notices  of  appropriation  that  such  water  corpora- 
tion has  undertaken  to  supplj^  more  consumers  or  a  greater  number 
of  acres  than  it  can  adequately  supply,  the  commission  may  require 
such  corporation  to  limit  the  number  of  consumers  or  acres  of  land 
which  it  has  undertaken  to  supply  or  which  is  set  out  in  its  articles  of 
incorporation  or  notices  of  appropriation  to  such  a  limited  number  of 
consumers  or  acres  of  land  as  the  commission  shall  find,  after  hearing, 
such  water  corporation  maj-  adequately  supply.     This  provision  does 


886 

not  apply  to  territory  or  consumers  which  have  once  been  served  by 
said  corporation,  and  as  between  consumers  who  have  been  voluntarily 
admitted  to  participate  by  the  corporation  in  its  supply  of  water  or 
been  required  to  be  supplied  by  an  order  of  the  railroad  commission, 
in  times  of  shortage  there  shall  be  no  priority  or  preference,  and  such 
corporation  in  times  of  shortage  shall  be  required  to  apportion  such 
supply  ratably  among  its  consumers. 

§  7.  Defining  Language  of  Section  1. — The  language  in  section  1 
of  this  act  "whether  under  contract  or  otherwise"  shall  not  be  con- 
strued as  authorizing  a  contract  by  a  person  or  corporation  defined 
herein  as  a  public  utility  which  shall  in  anywise  deprive  the  State 
or  the  railroad  commission  or  other  competent  authority  of  power  to 
regulate  the  rates  and  service  of  any  such  public  utility. 

FULL  CREW  ACT. 

(Approved  May  27,  1913.) 

Title  of  act,  full  crew  on  all  trains — Passenger  trains. 

Main  crew — Freight  trains. 

Wrecking  train  crew. 

Previous  service  of  employees. 

Violations — Misdemeanor. 

Train  crews  during  strikes  or  walkouts.  , 

Gasoline  and  electric  train  crews. 

§  1.     Title  of  Act,  Full  Crew  on  All  Trains — Passenger  Trains. — It 

shall  be  unlawful  for  any  common  carrier  by  railroad  in  the  State  of 
California  operating  more  than  four  trains  each  way  per  day  of 
twenty-four  hours  on  any  main  track  or  branch  line  of  railroad  within 
this  State  to  run  or  permit  to  be  run,  any  passenger,  mail  or  express 
train  propelled  or  drawn  by  steam,  electricity  or  other  motive  power 
that  has  not  at  least  the  following  named  employees  thereon:  one 
engineer,  and  one  fireman  for  each  steam  locomotive  where  such  train 
is  propelled  or  drawn  by  steam,  one  electric  motorman  for  each  train 
where  such  train  is  propelled  or  run  by  electricity,  and  one  motor 
or  power  control  man  for  every  train  where  said  train  is  propelled 
by  other  motive  power  than  steam  or  electricity,  one  conductor,  one 
brakeman,  one  baggageman;  provided,  that  upon  any  such  train  upon 
which  baggage  is  not  hauled  and  on  gasoline  motor  cars,  a  baggage- 
man need  not  be  employed;  provided,  further,  that  on  any  such  train 
where  four  cars  exclusive  of  railroad  officers'  private  cars,  or  more 
than  four  cars  are  hauled,  exclusive  of  railroad  officers'  private  cars, 
two  brakemen  instead  of  one  shall  be  employed. 

§  2.  Main  Crew — Freight  Trains. — It  shall  be  unlawful  for  any 
common  carrier  by  railroad  in  the  State  of  California  operating  more 
than  four  trains  each  way  per  day  of  twenty-four  hours  on  any  main 
track  or  branch  line  of  railroad  within  this  state  to  run  or  permit 
to  be  run  on  any  main  track  or  branch  line  operating  by  it  any  freight 
or  work  train  propelled  by  steam,  electricity,  or  other  motive  power 


§ 

1. 

§ 

2, 

§ 

3. 

§ 

4. 

§ 

5. 

§ 

6. 

§ 

7. 

FULL    CREW   ACT.  887 

that  has  not  at  least  the  following  employees  thereon :  one  engineer 
and  one  fireman  for  each  steam  locomotive  where  such  train  is  pro- 
pelled or  drawn  by  steam,  one  motorman  for  each  train  where  such 
train  is  propelled  or  run  by  electricity,  and  one  motor  or  power  control 
man  for  every  train  where  such  train  is  propelled  by  motive  power 
other  than  steam  or  electricity,  one  conductor  and  two  brakemen; 
provided,  that  on  any  such  train  running  on  any  track  which  attains 
a  grade  of  one  per  cent  or  less  than  one  per  cent,  for  a  distance  of 
more  than  one-half  mile,  there  shall  be  three  brakemen  for  fifty  cars, 
four  brakemen  for  seventy-six  cars  and  an  additional  brakeman  for 
every  additional  twenty-five  cars;  provided,  further,  that  on  any  such 
train  running  on  any  track  which  attains  a  grade  of  more  than  one 
per  cent  and  less  than  one  and  one-half  per  cent,  for  a  distance  of 
more  than  one-half  mile,  there  shall  be  three  brakemen  for  fifty  cars, 
and  an  additional  brakeman  for  every  twenty-five  cars  or  fraction  of 
twenty-five  greater  than  twelve  cars;  provided,  further,  that  any  such 
train  running  on  a  track  which  attains  a  grade  of  more  than  one  and 
one-half  per  cent,  for  a  distance  of  more  than  one-half  mile,  there  shall 
be  three  brakemen  for  fifty  cars  and  an  additional  brakeman  for  every 
fifteen  ears  or  fraction  of  fifteen  greater  than  seven  cars. 

§  3.  Wrecking  Train  Crew. — It  shall  be  unlawful  for  any  common 
carrier  by  railroad  in  the  State  of  California  operating  more  than  four 
trains  each  way  per  day  of  twenty-four  hours  on  any  main  track  or 
branch  line  of  railroad  within  this  State,  to  run  or  permit  to  be  run 
any  train  propelled  or  drawn  by  steam,  electricity  or  other  motive 
power  other  than  those  trains  described  in  sections  1  and  2  of  this  act 
that  have  not  at  least  the  following  named  employees  thereon:  one 
engineer  and  one  fireman  for  each  steam  locomotive  where  such  train 
is  propelled  by  steam,  one  motorman  for  every  train  where  such  train 
is  propelled  or  drawn  by  electricity  and  one  motor  or  power  control 
man  for  each  train  propelled  by  other  motive  power  than  steam  or 
electricity,  one  conductor  and  one  brakeman;  provided,  that  nothing 
in  this  act  contained  shall  apply  to  a  locomotive  or  locomotives  with- 
out cars ;  nor  to  any  relief  or  wrecking  train  in  any  case  where  a  suffi- 
cient number  of  employees  to  comply  with  this  section  are  not  avail- 
able for  service  on  such  relief  or  wrecking  train. 

§  4.  Previous  Service  of  Employees. — It  shall  be  unlawful  for  any 
such  common  carrier  to  employ  any  person  as  a  steam  locomotive 
engineer  who  shall  not  have  had  at  least  three  years'  actual  service  as 
a  steam  locomotive  fireman  or  one  year's  actual  service  as  a  steam 
locomotive  engineer,  or  to  employ  any  person  as  a  conductor  who  shall 
not  have  had  at  least  two  years'  actual  service  as  a  railroad  brakeman 
on  steam  or  electric  railroad  other  than  street  railway,  or  one  year's 
actual  service  as  a  railroad  conductor,  or  to  employ  any  person  as  a 
brakeman  who  shall  not  have  passed  the  regular  examination  required 
by  transcontinental  railroads;  provided,  that  nothing  in  this  act  con- 
tained shall  apply  to  the  running  or  operating  of  locomotives  or  motor 
power  cars  to  and  from  trains  at  terminals  by  hostlers  or  to  the  run- 
ning or  operating  of  steam  locomotives  or  motive  power  cars  to  and 


888 

from  engine-houses  or  to  the  doing  of  work  on  steam  locomotives  or 
motive  power  cars  at  shops  or  engine-houses. 

§  5.  Violations — Misdemeanor. — Any  violation  of  this  act  shall  be 
a  misdemeanor,  and  shall  be  punished  by  a  fine  not  exceeding  fivp 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  to  exceed 
six  months,  or  by  both  such  fine   and  imprisonment. 

§  6.  Train  Crews  During  Strikes  or  Walkouts. — Nothing  in  this 
act  contained  shall  apply  to  the  operation  of  any  train  by  said  common 
carrier  during  times  of  strikes  or  walkouts,  participated  in  by  any  of 
the  hereinbefore  mentioned  employees  of  such  common  carriers. 

§  7.  Gasoline  and  Electric  Train  Crews. — Nothing  contained  in  this 
act  shall  be  construed  or  be  held  to  apply  to  gasoline  motor  cars 
operated  exclusively  on  branch  lines  nor  to  trains  of  less  than  three 
cars  propelled  by  electricity. 


HEADLIGHT  ACT. 

(Approved  June  4,  1913.) 

§     1.     Time  in  which  headlights  must  be  installed. 
§     2.     Penalty  for  violation  of  act. 
§     3.     Kepeal. 

§  1.  Time  in  Which  Headlights  must  be  Installed. — It  shall  be  the 
duty  of  every  railroad  corporation,  or  receiver  or  lessee  thereof,  oper- 
ating any  line  of  railroad  in  this  state,  within  six  months  after  the 
passing  of  this  act,  or  within  such  additional  time  as  may  be  prescribed 
by  order  of  the  railroad  commission  of  California,  after  such  railroad 
has  made  a  proper  showing  of  its  inability  to  comply  therewith,  to 
equip  all  locomotive  engines,  used  in  the  transportation  of  trains  over 
said  railroad,  with  electric  or  other  headlights  which  will  project 
sufficient  light  to  enable  the  locomotive  engineer  to  observe  clearly  a 
dark  object  the  size  of  an  average  man,  at  a  distance  of  not  less  than 
eight  hundred  feet  on  a  dark,  clear  night  while  his  train  is  running 
at  a  rate  of  speed  not  less  than  thirty  miles  per  hour;  provided,  that 
this  act  shall  not  apply  to  locomotive  engines  regularly  used  in  the 
switching  of  cars  or  trains;  provided,  further,  that  this  act  shall  not 
appty  to  locomotive  engines  used  exclusively  between  sunup  and  sun- 
down, nor  going  to  or  from  repair  shops  when  ordered  in  for  repairs, 
nor  to  locomotive  engines  used  on  short  lines  or  local  lines  where  in 
the  judgment  of  the  railroad  commission,  the  headlight  herein  pro- 
vided for  is  not  necessary  for  the  preservation  of  public  safety. 

§  2.  Penalty  for  Violation  of  Act. — Any  railroad  company,  or  re- 
ceiver or  lessee  thereof,  doing  business  in  the  State  of  California,  who 
shall  violate  the  provisions  of  this  act,  shall  be  liable  to  the  State  of 
California  for  a  penalty  of  not  less  than  one  hundred  dollars,  nor 
more  than  one  thousand  dollars,  for  each  offense ;  and  suit  shall  be 
brought  to  recover  such  penalty  in  a  court  of  competent  jurisdiction, 
in  th'e  name  of  the  people  of  the  State  of  California,  by  the  Attorney 


PIPE-LINE   ACT. 


General  or  by  the  district  attorney  of  any  county  in  or  through  which 
said  railroad  may  be  operated. 

§  3.     Repeal. — All  acts  and  parts  of  acts  in  conflict  with  the  pro- 
visions of  this  act  are  hereby  repealed. 


PIPE-LINE  ACT. 

(Approved  June  4,  1913.) 

§     1.  Defining  pipe-lines. 

§     2.  Defining  unfair  practice. 

§     3.  Defining  unreasonable  contracts,  etc. 

§     4.  Defining  ''unreasonable." 

§     5.  Penalty  for  violation. 

§     6.  Duty  of  Superior  Court  to  prevent  violation  of  act. 

§     7.  Damages  for  injury  to  business  by  reason  of  violation  of  act. 

§     8.  Definition  of  "person." 

§     9.  Definition  of  "common  carrier  railroad." 

§  10.  Definition  of  "oil  pipe-line." 

§  11.  Definition  of  term  "oil  pipe-line." 

§  12.  Permission  to  become  common  carrier. 

§  13.  Permit  to  procure  license. 

§  14.  Issuance  of  license — License  fee. 

§  15.  Monthly  report  of  oil  pumped  through  pipe-line. 

§  16.  Examination  of  reports — Penalty. 

§  17.  Penalty  for  violation  of  act  by  employees. 

§  18.  Failure  to  pay  license  fee. 

§  19.  License  fee  a  lien  on  property. 

§  20.  Exemption  from  monthly  license  fee. 

§  21.  Validity  of  entire  act  not   affected  by  unconstitutionality  of 
part  of  act. 

§  1.  Defining  Pipe-lines. — ^Any  and  every  contract,  combination  in 
form  of  trust  or  otherwise,  or  arrangement  of  any  kind,  implied, 
tacit  or  otherwise,  or  conspiracy  between  a  common  carrier  railroad 
which  is  equipped  for  the  transportation  of  crude  oil,  petroleum  or  the 
products  thereof,  or  which  has  filed,  or  may  lawfully  be  required  to 
file,  a  schedule  of  rates  with  the  railroad  commission  of  California  for 
such  transportation,  and  which  operates  from  or  through  any  crude 
oil  or  petroleum  producing  field  or  fields  or  shipping  points  in  the 
vicinity  of  any  thereof,  in  the  State  of  California,  for  a  distance  of 
thirty-five  miles  or  more  in  the  aggregate,  either  continuously  or  other- 
wise, to  any  refinery  or  refineries  of  crude  oil  or  petroleum  or  any  of 
the  products  thereof,  or  to  or  through  any  selling,  marketing,  consum- 
ing or  shipping  points  or  the  vicinity  of  any  thereof,  for  such  crude 
oil  or  petroleum  or  any  of  the  products  thereof,  and  any  oil  pipe- 
line which  is  used  or  operated  for  the  transportation  of  crude  oil  or 
petroleum  or  any  of  the  products  thereof,  otherwise  than  as  a  common 
carrier,  from  or  through  the  same,  or  any  of  the  same  oil  or  petroleum 
producing  fields  or  shipping  points  or  from  the  vicinity  of  any  thereof, 
for  a  distance  of  thirty-five  miles  or  more  in  the  aggregate,  either 


890 

continuously  or  otherwise,  and  to  or  through  the  same,  or  any  of  the 
same  refining,  selling,  marketing  or  reshipping  points  or  the  vicinity 
of  any  thereof,  and  which  last-mentioned  transportation  is  accom- 
plished in  whole  or  in  part  by  such  oil  pipe-line,  and  whereby  such 
oil  pipe-line  secures,  or  is  enabled  to  secure,  or  attempts  to  secure, 
or  tends  to  secure  any  unreasonable  control  or  monopoly  of  the  pur- 
chase, sale  or  transportation  of  such  crude  oil,  petroleum  or  any  of  the 
products  thereof,  or  is  enabled  to  secure,  or  attempts  to  secure  any 
unreasonable  restraint  on  or  over  competition  or  trade  in  the  purchase, 
sale  or  transportation  of  such  crude  oil,  petroleum  or  of  any  of  the 
products  thereof,  is  hereby  declared  to  be  illegal. 

§  2.  Defining  Unfair  Practice. — In  any  and  every  action  or  pro- 
ceeding under  this  act,  whenever  it  shall  appear  to  the  court  that  any 
contract,  combination,  arrangement  or  conspiracy  such  as  is  described 
in  section  1  hereof,  exists,  or  that  at  the  time  of  the  commencement  of 
such  action  or  proceeding  it  did  exist;  and  it  further  appears  to  such 
court  that  such  oil  pipe-line  is  constructed,  in  whole  or  in  part,  upon, 
over,  under  or  along  the  right  of  way  of  such  common  carrier  rail- 
road, continuously  or  otherwise,  for  a  distance  of  five  or  more  miles 
in  the  aggregate,  with  the  permission,  allowance  or  consent,  actual, 
implied  or  otherwise,  of  such  common  carrier  railroad,  and  that  said 
oil  pipe-line  is  owned  or  controlled,  either  directly  or  indirectly,  by 
said  common  carrier  railroad,  or  that  such  oil  pipe-line  and  such  com- 
mon carrier  railroad  have  any  common  or  interlocking  owner  or 
owners,  or  director  or  directors;  and  it  further  appears  that  said  oil 
pipe-line  is  engaged  in  the  business  of  purchasing,  transporting  and 
reselling  such  crude  oil,  petroleum  or  any  thereof,  or  any  of  the  prod- 
ucts thereof,  or  of  purchasing  and  transporting  the  same,  or  any 
thereof,  or  of  purchasing,  transporting  and  refining  the  same,  or  any 
thereof,  for  sale,  or  of  producing,  transporting  and  reselling  the  same, 
or  any  thereof,  or  of  producing,  transporting  and  refining  the  same 
for  sale  from  its  own  or  leased  ground,  or  otherwise,  or  of  producing 
and  transporting  the  same,  or  any  thereof;  and  it  further  appears 
that  the  schedule  of  rates,  or  any  of  them,  for  the  transportation  of 
such  crude  oil,  petroleum  or  any  of  the  products  thereof,  filed  by  said 
common  carrier  railroad  with  the  railroad  commission  of  California, 
or  that  the  rates,  or  any  of  them,  published,  fixed  or  charged  by  such 
common  carrier  railroad  for  such  transportation  of  the  same,  or  any 
of  the  same,  are  sufficiently  high  as  compared  with  the  actual  cost  of 
transportation  between  the  same,  or  approximately  or  practically  the 
same  initial  shipping,  and  the  refining,  selling,  marketing,  reshipping 
or  terminal  points,  by  such  oil  pipe-line,  as  to  tend  to  prevent  the 
transportation  of  such  crude  oil,  petroleum  or  any  of  the  products 
thereof,  over  or  upon  such  common  carrier  railroad,  or  to  tend  to 
prevent  competition  in  such  transportation  between  such  common  car- 
rier railroad  and  such  oil  pipe-line,  or  to  restrain  such  competition,  or 
to  tend  to  restrain  competition  among  the  producers  of  such  crude 
oil,  petroleum  or  any  of  the  products  thereof  in  the  sale  thereof,  or  of 
any  of  the  same,  or  to  tend  to  enable  such  oil  pipe-line,  either  alone  or 


PIPE-LINE   ACT.  891 

in  conjunction  with  other  oil  pipe-lines,  to  restrain  competition  in  the 
sale  or  the  purchase  of  such  crude  oil,  petroleum  or  the  products 
thereof,  either  among  the  producers  or  the  consumers  thereof,  or  to 
tend  to  enable  such  oil  pipe-line,  either  alone  or  in  conjunction  with 
other  pipe-lines,  to  secure  the  control  or  the  monopoly  of  the  purchase 
of  such  crude  oil,  petroleum  or  the  products  thereof,  or  to  fix  the  sell- 
ing price  of  any  thereof  at  the  oil  fields  or  points  of  production  of 
the  same,  or  at  the  shipping  points  or  at  the  vicinity  of  any  thereof, 
or  to  secure  the  control  or  the  monopoly  of  the  transportation  of  such 
crude  oil,  petroleum  or  the  products  thereof  from  such  oil  fields  or 
points  of  production,  or  from  the  shipping  points  or  from  the  vicinity 
of  any  thereof,  to  such  refining,  selling  or  marketing  points,  or  any 
thereof,  then  such  contract,  combination,  arrangement  or  conspiracy 
is  hereby  declared  to  be  an  unfair  practice,  contrary  to  the  public 
policy  of  the  State  of  California,  and  the  same  shall  and  must  be 
deemed  by  such  court  in  all  such  actions  or  proceedings  to  be  an 
unreasonable  contract,  combination,  arrangement  or  conspiracy,  in 
restraint  of  trade,  and  an  unreasonable  control  or  monopoly  of  the 
purchase,  sale  or  transportation  of  such  crude  oil,  petroleum  or  some 
of  the  products  thereof,  and  an  unreasonable  restraint  on  or  over  com- 
petition and  trade  in  the  purchase,  sale  or  transportation  of  such  crude 
oil,  petroleum  or  some  of  the  products  thereof,  and  the  same  shall  and 
must  be  deemed  illegal. 

§  3.  Defining  Unreasonable  Contracts,  etc. — In  any  and  every  ac- 
tion or  proceeding  under  this  act,  whenever  it  shall  appear  to  the 
court  that  any  contract,  combination,  arrangement  or  conspiracy  such 
as  is  described  in  section  1  hereof,  exists,  or  that  at  the  time  of  the 
commencement  of  such  action  or  proceeding  it  did  exist,  and  it  fur- 
ther appears  to  such  court  that  such  oil  pipe-line  is  constructed,  in 
whole  or  in  part,  upon,  over,  under  or  along  the  right  of  way  of  such 
common  carrier  railroad,  continuously  or  otherwise,  for  a  distance  of 
five  or  more  miles  in  the  aggregate,  with  the  permission,  allowance  or 
consent,  actual,  implied  or  otherwise,  of  such  common  carrier  railroad, 
and  it  appears  that  said  oil  pipe-line  is  engaged  in  the  business  of 
purchasing,  transporting  and  reselling  such  crude  oil,  petroleum  or 
any  thereof,  or  any  of  the  products  thereof,  or  of  purchasing  and 
transporting  the  same,  or  any  thereof,  or  of  purchasing,  transporting 
and  refining  the  same,  or  any  thereof,  for  sale,  or  of  producing,  trans- 
porting and  reselling  the  same  or  any  thereof,  or  of  producing,  trans- 
porting and  refining  the  same  for  sale  from  its  own  or  leased  ground, 
or  otherwise,  or  of  producing  and  transporting  the  same,  or  any 
thereof;  and  it  further  appears  that  the  schedule  of  rates,  or  any  of 
them,  for  the  transportation  of  such  crude  oil,  petroleum  or  any  of 
the  products  thereof,  filed  by  said  common  carrier  railroad  with  the 
railroad  commission  of  California,  or  that  the  rates,  or  any  of  them, 
published,  fixed  or  charged  by  such  common  carrier  railroad  for  such 
transportation  of  the  same,  or  any  of  the  same,  are  sufficiently  high 
as  compared  with  the  actual  cost  of  transportation  between  the  same, 
or  approximately  or  practically  the  same  initial  shipping,  and  the  re- 


892 

fining,  selling,  marketing,  reshipping  or  terminal  points,  by  such  oil 
pipe-line,  as  to  tend  to  prevent  the  transportation  of  such  crude  oil, 
petroleum  or  any  of  the  products  thereof,  over  or  upon  such  common 
carrier  railroad,  or  to  tend  to  prevent  competition  in  such  transporta- 
tion between  such  common  carrier  railroad  and  such  oil  pipe-line,  or 
to  restrain  such  competition,  or  to  tend  to  restrain  competition  among 
the  producers  of  such  crude  oil,  petroleum  or  any  of  the  products 
thereof  in  the  sale  thereof,  or  of  any  of  the  same,  or  to  tend  to  enable 
such  oil  pipe-line,  either  alone  or  in  conjunction  with  other  oil  pipe- 
lines, to  restrain  competition  in  the  sale  or  the  purchase  of  such  crude 
oil,  petroleum  or  the  products  thereof,  either  among  the  producers 
or  the  consumers  thereof,  or  to  tend  to  enable  such  oil  pipe-line,  either 
alone  or  in  conjunction  with  other  pipe-lines,  to  secure  the  control 
or  the  monopoly  of  the  purchase  of  such  crude  oil,  petroleum  or  the 
products  thereof,  or  to  fix  the  selling  price  of  any  thereof  at  the  oil 
fields  or  points  of  production  of  the  same,  or  at  the  shipping  points 
or  at  the  vicinity  of  any  thereof,  or  to  secure  the  control  or  the  monop- 
oly of  the  transportation  of  such  crude  oil,  petroleum  or  the  prod- 
ucts thereof  from  such  oil  fields  or  points  of  production,  or  from 
the  shipping  points  or  from  the  vicinity  of  any  thereof,  to  such  refin- 
ing, selling  or  marketing  points,  or  any  thereof,  then  such  contract, 
combination,  arrangement  or  conspiracy  is  hereby  declared  to  be  an 
unfair  practice,  contrary  to  the  public  policy  of  the  State  of  Cali- 
fornia, and  the  same  shall  and  must  be  deemed  by  such  court  in  all 
such  actions  or  proceedings  to  be  an  unreasonable  contract,  combina- 
tion, arrangement  or  conspiracy,  in  restraint  of  trade,  and  an  unrea- 
sonable control  or  monopoly  of  the  purchase,  sale  or  transportation 
of  such  crude  oil,  petroleum  or  some  of  the  products  thereof,  and  an 
unreasonable  restraint  on  or  over  competition  and  trade  in  the  pur- 
chase, sale  or  transportation  of  such  crude  oil,  petroleum  or  some  of 
the  products  thereof,  and  the  same  shall  and  must  be  deemed  illegal. 

§  4.  Defining  "Unreasonable." — The  term  ''unreasonable"  where- 
ever  used  in  this  act  means  where  the  nature  and  extent  of  the  con- 
trol or  restraint  is  such  that  the  matter  becomes  of  public  consequence 
or  is  injurious  to  the  public  welfare,  or  where  the  nature  and  extent  of 
the  business  is  such  that  the  public  needs  some  use  in  the  same,  and 
the  control  or  restraint  so  exercised  prevents,  obstructs  or  in  anywise 
hinders  such  use. 

§  5.  Penalty  for  Violation. — Every  person  who  shall  hereafter  make 
any  such  contract  or  arrangement  or  engage  in  any  such  combination 
or  conspiracy,  or  shall  hereafter  continue  to  execute  any  such  contract 
or  arrangement,  or  to  do  or  perform  any  act  in  furtherance  of  any 
such  combination  or  conspiracy  without  having  first  procured  the 
license  hereinafter  provided  for,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  on  conviction  thereof  shall  be  punished  by  a  fine  not  ex- 
ceeding five  thousand  dollars  ($5,000)  or  by  imprisonment  not  exceed- 
ing one  year,  or  by  both  said  punishments  in  the  discretion  of  the 
court. 


PIPE-LINE  ACT.  893 

§  6.    Duty  of  Superior  Court  to  Prevent  Violation  of  Act.— The 

several  Superior  Courts  of  the  State  of  California  are  hereby  vested 
with  jurisdiction  to  prevent  and  restrain  violations  of  this  act;  and 
it  shall  be  the  duty  of  the  several  district  attorneys  of  the  counties 
and  of  the  cities  and  counties  of  the  State  of  California  in  their  re- 
spective counties  and  in  their  respective  cities  and  counties,  under  the 
direction  of  the  attorney  general  of  the  State  of  California,  to  institute 
proceedings  in  equity  to  prevent  and  restrain  such  violations.  Such 
proceedings  may  be  by  way  of  petition  setting  forth  the  case  and 
praying  that  such  violation  shall  be  enjoined  or  otherwise  prohibited, 
and  may  be  brought  in  any  county  or  city  and  county  in  which  the 
defendant  or  any  one  of  the  defendants  resides,  or  in  which  such  un- 
lawful act  or  any  overt  act  in  pursuance  of  such  unlawful  contract, 
combination,  arrangement  or  conspiracy  was  committed,  or  in  which 
the  defendant  or  any  one  of  the  defendants  has  his  or  its  principal 
place  of  business.  When  the  parties  complained  of  shall  have  been 
duly  notified  of  such  petition,  the  court  shall  proceed,  as  soon  as  mav 
be,  to  the  hearing  and  determination  of  the  case;  and  pending  such 
petition,  and  before  final  decree,  the  court  may  at  any  time  make 
such  temporary  restraining  order  or  prohibition  as  shall  be  deemed 
just   in  the   premises. 

§  7.  Damages  for  Injury  to  Business  by  Reason  of  Violation  of 
Act. — Any  person  who  shall  be  injured  in  his  business  or  property  by 
any  other  person  or  corporation  or  association  of  persons  by  reason 
of  anything  forbidden  or  declared  to  be  unlawful  by  this  act,  may 
sue  therefor  in  any  Superior  Court  of  the  State  of  California  in  the 
county,  or  in  the  city  and  county,  in  which  the  defendant  or  any  one 
of  the  defendants  resides,  or  in  which  such  unlawful  act,  or  any  overt 
act  in  pursuance  of  such  unlawful  contract,  combination  or  conspirac.v 
was  committed,  or  in  which  the  defendant,  or  any  one  of  the  defend- 
ants, has  his  or  its  principal  place  of  business,  and  such  petitioner 
shall  recover  threefold  the  damages  by  him  sustained  and  the  costs  of 
suit,  including  a  reasonable  attorney's  fee. 

§  8.  Definition  of  ''Person." — That  the  word  ''person"  wherever 
used  in  this  act  shall  be  deemed  to  include  corporations  and  associa- 
tions existing  under,  or  authorized  by  the  laws  of  either  the  United 
States  or  the  State  of  California,  or  of  any  of  the  Territories,  or  of 
any  State  or  of  any  foreign  country. 

§  9.  Definition  of  "Common  Carrier  Railroad." — That  the  words 
"common  carrier  railroad"  wherever  used  in  this  act,  when  the  con- 
text so  permits,  shall  be  deemed  to  include  any  corporation,  individual 
or  association  of  individuals,  either  directly  or  indirectly  owning, 
operating,  managing  or  controlling,  or  participating,  either  directly 
or  indirectly  in  the  ownership,  operation,  management  or  control  of 
any  railroad  which  is  operated  as  a  common  carrier  within  the  State 
of  California,  or  of  any  such  railroad,  any  part  of  which  is  operated 
in  the  State  of  California;  and  the  singular  includes  the  plural. 

§  10.  Definition  of  ' '  Oil  Pipe-line. '  '—That  the  words  ' '  oil  pipe-lin.e ' ' 
wherever  used  in  this  act,  when  the  context  so  permits,  shall  be  deemed 


894  hillyer's  legal  manual. 

to  include  any  private  corporation,  individual  or  association  of  in- 
dividuals, either  directly  or  indirectly  owning,  operating,  managing 
or  controlling  any  pipe-line  or  any  part  of  any  pipe-line  for  the  trans- 
portation of  crude  oil,  petroleum  or  any  of  the  products  thereof,  or 
participating,  either  directly  or  indirectly,  in  the  ownership,  operation, 
management  or  control  of  any  such  pipe-line,  or  of  any  part  of  any 
such  pipe-line ;  and  the  singular  includes  the  plural. 

§  11.  Definition  of  Term  ''Oil  Pipe-line.''— That  the  term  ''oil  pipe- 
line" w^herever  used  in  this  act,  when  the  context  so  permits,  also  in- 
cludes all  of  the  instrumentalities  by  which  crude  oil,  petroleum  or  any 
of  the  products  thereof  is  transported  by  or  through  pipe-lines,  in 
whole  or  in  part. 

§  12.  Permission  to  Become  Common  Carrier. — Any  and  every  oil 
pipe-line  used  or  operated  or  which  is  or  has  been  used  or  operated 
for  the  transportation  of  crude  oil  or  petroleum  or  any  of  the  products 
thereof,  not  as  a  common  carrier,  under  the  conditions  which  are  de- 
clared to  be  illegal  by  section  2  of  this  act,  or  under  the  conditions 
which  are  declared  to  be  illegal  by  section  3  of  this  act,  shall  and  must, 
before  such  use  or  operation  is  continued,  and  within  thirty  days  after 
this  act  goes  into  effect,  either  file  with  the  railroad  commission  of 
the  State  of  California  its  written  consent  to  transport  crude  oil, 
petroleum  or  the  products  thereof  for  hire  to  and  for  the  public  and 
as  a  common  carrier  and  public  utility,  together  with  a  schedule  of 
rates  for  the -transportation  of  crude  oil,  petroleum  and  the  products 
thereof  as  a  common  carrier  and  a  public  utility,  in  accordance  with 
the  provisions  of  the  act  known  as  the  "Public  Utilities  Act"  of  the 
State  of  California,  approved  December  23,  1911;  or  failing  to  file 
such  written  consent  to  become  a  common  carrier  and  public  utility, 
together  with  such  schedule  of  rates  with  said  railroad  commission, 
such  oil  pipe-line  must,  on  or  before  the  time  herein  specified  for 
such  filing,  either  cease  to  continue  to  so  operate  or  to  so  transport 
crude  oil,  petroleum  or  any  of  its  products  otherwise  than  as  a  common 
carrier;  or  must  file  with  the  said  railroad  commission  an  application 
in  writing  for  permission  to  procure  a  license  from  the  Secretary  of 
State  permitting  it  to  continue  to  so  operate  and  to  so  transport  crude 
oil,  petroleum  and  the  products  thereof  otherwise  than  as  a  common 
carrier  and  under  the  conditions  prohibited  by  section  2  or  section  3 
of  this  act,  as  the  case  may  be ;  and  its  failure  to  comply  with  any  of 
the  provisions  of  this  section  of  this  act  shall  subject  it  to  the  penalty 
and  punishment  provided  by  section  5  of  this  act,  and  to  the  liabilities 
provided  by  any  and  every  of  the  other  sections  of  this  act.  But  noth- 
ing contained  in  this  act  shall  be  construed  to  authorize  or  permit  any 
contract,  combination  in  form  of  trust  or  otherwise,  or  arrangement  of 
any  kind,  implied,  tacit  or  otherwise,  or  conspiracy  such  as  is  de- 
nounced or  prohibited  by  sections  1,  2  and  3  of  this  act,  or  any  of  such 
sections,  to  be  hereafter  made  or  entered  into,  or  if  so  hereafter  un- 
lawfully made  or  entered  into,  to  permit  the  same,  or  any  of  the  same, 
to  be  executed  or  performed  under  a  license,  or  otherwise,  or  at  all. 


PIPE-LINE   ACT.  895 

§  13.  Permit  to  Procure  License. — The  application  by  such  oil  pipe- 
line for  a  permit  to  procure  a  license  as  provided  for  in  section  12 
of  this  act,  to  permit  it  to  continue  to  transport  crude  oil,  petroleum 
or  any  of  its  products  so  as  aforesaid,  othe'rwise  than  as  a  common 
carrier,  shall  describe  in  a  general  way  the  oil  pipe-line  for  the  con- 
tinued maintenance  and  operation  of  which  such  license  is  desired, 
stating  the  terminal  points  of  such  oil  pipe-line  and  the  county  and 
counties  through  which  the  same  is  constructed  and  maintained,  and 
the  aggregate  number  of  miles  thereof  in  each  of  such  counties,  and 
as  nearly  as  may  be,  the  places  at  which  such  oil  pipe-line  is  con- 
structed or  maintained  over  and  along  the  right  of  way  of  such  com- 
mon carrier  railroad,  and  the  approximate  distance  thereof  at  each 
of  such  places,  and  such  application  shall  also  set  forth  the  name  of 
the  private  corporation,  individual  or  association  of  individuals  own- 
ing, operating,  managing  or  controlling,  either  directly  or  indirectly, 
such  oil  pipe-line  and  each  and  every  part  thereof. 

§  14.  Issuance  of  License — License  Fee. — The  railroad  commission 
may  authorize  in  writing  the  Secretary  of  State  to  issue  a  license  to 
such  oil  pipe-line ;  and  the  license  when  so  issued  by  the  Secretary 
of  State  shall  describe  such  oil  pipe-line  as  the  same  is  described  in 
such  application  so  filed  with  said  railroad  commission.  At  the  time 
of  procuring  such  license,  the  sum  of  two  hundred  fifty  dollars  ($250) 
must  be  paid  to  the  Secretary  of  State  by  such  licensee. 

§  15.  Monthly  Report  of  Oil  Pumped  Through  Pipe-line. — Every 
oil  pipe-line  required  to  procure  the  license  hereinbefore  provided  for 
shall  file  with  the  railroad  commission  of  the  State  of  California  on 
or  before  the  tenth  daj^  of  each  calendar  month,  including  and  follow- 
ing the  second  calendar  month  after  this  act  goes  into  effect,  and  in 
such  form  as  said  railroad  commission  shall  require,  a  full,  true  and 
correct  report  showing  the  number  of  barrels  (forty-two  gallons  to 
the  barrel)  of  crude  oil,  petroleum  or  any  of  the  products  thereof 
which  were  transported  through  such  pipe-line,  or  any  part  thereof, 
during  the  preceding  calendar  month.  Such  report  shall  be  sub- 
scribed by  such  licensee  or  by  its,  his  or  their  agent  duly  appointed  in 
writing  for  such  purpose,  and  shall  be  accompanied  by  the  affidavit 
of  such  subscriber  stating  in  substance  and  effect  that  he  knows  the 
contents  thereof,  and  that  he  has  had  free  access  to  the  books  and 
vouchers  of  such  licensee  relating  to  the  same  for  the  purpose  of  de- 
termining the  truth  of  the  statements  contained  therein,  and  that 
such  statements,  and  each  and  all  thereof  are  true,  according  to  his 
best  information  and  belief.  Said  railroad  commission  shall  examine 
said  sworn  report,  and  if  it  shall  have  no  reason  to  doubt  the  correct- 
ness of  the  same,  shall,  within  not  less  than  ten  days  thereafter,  certify 
it  to  the  Secretary  of  State,  and  thereupon  there  shall  immediately 
become  due  and  payable  to  the  people  of  the  State  of  California  at 
the  office  of  the  Secretary  of  State,  the  sum  of  fifty  cents  ($.50)  for 
each  such  barrel  of  crude  oil,  petroleum  or  any  of  the  products  thereof 
so  transported  through  such  oil  pipe-line.  The  delivery  of  such  cer- 
tified report  by  the  railroad  commission  to  the  Secretary  of  State  shall 


896  hillyer's  legal  manual. 

be  deemed  notice  as  of  the  date  of  such  filing  to  said  licensee  of  the 
amount  due  as  a  license  fee  for  such  calendar  month,  under  the  pro- 
visions of  this  act. 

§  16.  Examination  of  Reports— Penalty.— Whenever  the  railroad 
commission  shall  entertain  any  doubt  of  the  correctness  of  such  re- 
port so  filed  with  it,  said  railroad  commission  may  subpoena  the  sub- 
scriber of  such  sworn  report,  and  require  him  to  bring  before  the  said 
commission  the  books  and  vouchers  from  wiiich  he  secured  the  in- 
formation set  forth  in  said  report,  and  may  examine  him  under  oath, 
and  may  subpoena  such  other  witnesses  and  hear  such  other  testimony 
in  relation  to  such  matter  as  it  deems  competent,  material  and  relevant, 
and  said  commission  shall  proceed  summarily  in  the  matter  and  de- 
termine the  true  and  correct  number  of  such  barrels  of  crude  oil, 
petroleum  or  any  of  the  products  thereof  which  were  so  transported 
by  such  licensee  through  such  oil  pipe-line,  and  shall  thereupon  certify 
to  the  Secretary  of  State  its  findings  of  the  number  of  such  barrels, 
and  thereupon  there  shall  immediately  become  due  and  payable  to  the 
people  of  the  State  of  California,  at  the  office  of  the  Secretary  of  State, 
the  sum  of  fifty  cents  ($.50)  for  each  of  such  barrels  of  crude  oil, 
petroleum  or  any  of  the  products  thereof  so  transported  through  such 
oil  pipe-line.  The  delivery  of  such  certified  finding  by  the  railroad 
commission  to  the  Secretary  of  State  shall  be  deemed  notice  as  of  the 
date  of  such  filing  to  said  licensee  of  the  amount  due  from  such  licensee 
as  a  license  fee  under  the  provisions  of  this  act.  The  railroad  com- 
mission may  revoke  the  license  of  such  licensee  if,  upon  such  hearing, 
it  finds  that  any  material  statement  contained  in  such  sworn  report  is 
false,  and  that  such  falsity  was  known  to  such  licensee  at  the  time 
such  report  was  filed  with  said  railroad  commission,  or  that  said 
licensee  had  reason  to  believe  at  such  time  that  such  report  was  false 
in  any  particular,  or  if  it  finds  that  such  licensee  willfully  aided  or 
abetted  the  making  of  such  false  report,  either  directly  or  indirectly, 
in  any  manner  whatsoever;  and  said  railroad  commission  may  there- 
upon direct  the  Secretary  of  State  to  revoke  such  license  and  pro- 
hibit him  from  renewing  the  same  and  from  issuing  any  new  license 
to  such  oil  pipe-line  within  one  year  from  the  time  the  same  was  re- 
voked. 

§  17.  Penalty  for  Violation  of  Act  by  Employees. — Every  oil  pipe- 
line, and  every  agent,  attorney  or  employee  of  the  same  who  know- 
ingly or  willfully  violates  or  fails  to  comply  with,  or  who  knowingly 
or  willfully  aids  and  abets  any  violation  of  any  of  the  provisions  of 
this  act,  or  who  knowingly  and  willfully  fails  to  observe,  obey  or 
comply  with  any  order,  decision,  rule,  direction,  demand  or  require- 
ment, or  any  part  or  provision  thereof,  of  the  said  railroad  commis- 
sion, or  who  knowingly,  or  willfully  procures,  aids  or  abets  any  fail- 
ure to  observe,  obey  or  comply  therewith,  is  guilty  of  a  misdemeanor 
and  is  punishable  by  a  fine  not  exceeding  five  thousand  dollars  ($5,000), 
or  by  imprisonment  in  the  county  jail  not  exceeding  one  year,  or  by 
both  such  fine  and  imprisonment. 


PIPE-LINE   ACT.  897 

§  18.  Failure  to  Pay  License  Fee.— Any  failure  on  the  part  of  anv 
licensee  to  pay  within  twenty  (20)  days  after  the  same  becomes  due. 
the  license  fees  or  any  portion  thereof  as  required  by  and  provided 
in  the  provisions  of  this  act,  shall  operate  to  forfeit,  ispo  facto,  such 
license,  and  to  deprive  such  licensee  of  the  right  to  continue  to  so 
transport,  otherwise  than  as  a  common  carrier,  any  crude  oil,  petroleum 
or  any  of  the  products  thereof  through  such  oil  pipe-line. 

§  19.  License  Fee  a  Lien  on  Property.— The  license  fee,  and  each 
installment  thereof,  in  this  act  provided  for,  upon  the  same  becoming 
due,  as  herein  provided,  is  hereby  declared  to  be  a  lien  upon  the  whole 
of  the  oil  pipe-line,  for  the  privilege  of  maintaining  and  operating 
which  said  license  is  procured,  as  described  in  the  application  for  such 
license,  from  the  time  that  such  license  fee,  and  each  installment 
thereof  becomes  due  and  payable ;  and  such  lien  shall  be  enforceable 
in  the  same  way  that  tax  liens  in  the  State  of  California  are  enforce- 
able, and  by  the  same  procedure  in  so  far  as  the  same  is  or  can  be 
made  applicable  hereto. 

§  20.  Exemption  from  Monthly  License  Fee. — Any  and  every  li- 
censee under  this  act  who  pays  a  license  fee  of  not  less  than  fifty  cents 
($.50)  per  barrel  of  forty-two  (42)  gallons  each,  to  the  State  of  Cali- 
fornia under  any  other  law  of  this  State  for  the  privilege  of  transport- 
ing or  of  engaging,  either  directly  or  indirectly,  in  the  business  of 
transporting  crude  oil,  petroleum  or  any  of  the  products  thereof 
through  a  pipe-line  or  pipe-lines,  is  hereby  exempted  and  relieved 
from  the  payment  of  the  monthly  license  fees  herein  provided  for  by 
this  act. 

§  21.  Validity  of  Entire  Act  not  Affected  by  Unconstitutionality 
of  Part  of  Act. — If  any  section,  subsection,  sentence,  clause  or  phrase 
of  this  act  is  for  any  reason  held  to  be  unconstitutional,  such  decision 
shall  not  affect  the  validity  of  the  remaining  portions  of  this  act. 
The  legislature  hereby  declares  that  it  would  have  passed  this  act 
and  each  section,  subsection,  sentence,  clause  or  phrase  thereof  irre- 
spective of  the  fact  that  any  one  or  more  sections,  subsections,  sen- 
tences, clauses  or  phrases  be  declared  unconstitutional. 
57 


898  hillyer's  legal  manual. 


PIPE-LINE  LICENSE  ACT. 

(Approved  June  4,  1913.) 

§     1.  License  required. 

§     2.  Fee — Condition  of  license. 

§     3.  Construction  of  pipe-lines. 

§     4.  Application  for  license. 

§     5.  Report  to  railroad  commission  of  pumping. 

§     6.  Railroad  commission  to  check  reports. 

§     7.  Penalty — Fines. 

§     8.  Action  to  begin  for  violating  act. 

§     9.  Failure  to  pay  license. 

§  10.  License  fee  a  lien  on  property. 

^11.  License  fee  exemptions. 

§  12.  Validity  of  act. 

§  1.  License  Required. — Every  private  corporation,  individual  or 
association  of  individuals  owning,  operating,  managing  or  controlling, 
either  directly  or  indirectly,  or  participating,  either  directly  or  indi- 
rectly, in  the  ownership,  operation,  management  or  control  of  any 
pipe-line  or  pipe-lines,  or  any  part  of  any  pipe-line  or  pipe-lines,  plant 
or  equipment  for  the  transportation  of  crude  oil  or  petroleum  or  of 
•  any  of  the  products  thereof,  or  engaged,  either  directly  or  indirectly 
in  the  business  of  transporting  by  pipe-line  or  pipe-lines,  in  whole  or 
in  part,  continuously  or  otherwise,  crude  oil  or  petroleum  or  any  of 
the  products  thereof  from  producing  points  or  from  points  at,  in  or 
near  any  oil  field  or  oil  fields  to  any  refinery  or  refineries,  or  to  any 
distributing  point  or  points,  or  to  any  marketing  points  or  points,  or 
to  the  vicinity  of  any  thereof  for  an  aggregate  distance  of  thirty-five 
or  more  miles,  within  the  State  of  California,  otherwise  than  as  a 
common  carrier,  and  which  said  pipe-line  or  pipe-lines,  or  any  part 
thereof,  or  of  such  plant  or  equipment  is  constructed  or  maintained 
for  any  distance  whatsoever  across,  along,  over  or  under  any  public 
highway  or  public  road  within  the  State  of  California,  is  hereby  re- 
quired within  twenty  days  after  this  act  goes  into  effect  and  before 
thereafter  continuing  or  commencing  to  so  transport,  or  to  so  engage 
in  the  business  of  transporting  crude  oil,  petroleum  or  any  of  the  prod- 
ucts thereof  through  any  part  of  such  pipe-line  or  pipe-lines  for  any 
distance  whatsoever  across,  along,  over  or  under  any  public  highway 
or  public  road,  to  procure  a  license  from  the  Secretary  of  State  as 
hereinafter  provided,  permitting  it,  him  or  them  to  continue,  or  to 
commence  and  continue,  to  transport  and  to  engage  in  the  business 
of  transporting  crude  oil,  petroleum  or  any  of  the  products  thereof 
through  such  part  or  parts  of  such  pipe-line  or  pipe-lines  as  is  or  are 
constructed  or  maintained  for  any  distance  whatsoever  across,  along, 
over  or  under  any  public  highway  or  public  road. 

§  2.  Fee^ — Condition  of  License. — The  Secretary  of  State  is  hereby 
authorized  to  issue  licenses  permitting  private  corporations,  individuals 
or  association  of  individuals  to  continue  to  own,  operate,  manage  or 


PIPE-LINE  LICENSE  ACT.  899 

control  any  pipe-line  or  pipe-lines  already  constructed  and  now  being 
maintained  for  the  transportation  of  crude  oil,  petroleum  or  any  of 
its  products,  otherwise  than  as  a  common  carrier  across,  along,  over 
or  under  any  public  highway  or  public  road  within  this  State,  to  the 
extent  only  to  which  such  pipe-line  or  pipe-lines  is  or  are  now  already 
so  constructed,  operated  and  maintained,  upon  payment  of  a  fee  of  two 
hundred  and  fifty  dollars  ($250)  for  each  separate  pipe-line  so  already 
constructed  and  maintained  for  any  distance  whatsoever  across,  along, 
over  or  under  any  public  highway  or  public  road  for  such  length 
of  time  only  as  such  licensee  shall  comply  with  all  the  provisions  of 
this  act  and  of  any  and  every  other  act  which  may  hereafter  be  en- 
acted in  relation  to  the  subject  by  the  legislature  of  California;  pro- 
vided, further,  that  the  fees  hereinafter  required  to  be  paid  for  such 
permit  may  hereafter  be  increased  or  diminished  at  any  time  as  the 
legislature  may  determine. 

§  3.  Construction  of  Pipe-lines.— The  construction  hereafter  of  any 
pipe-line  or  pipe-lines  intended  for  the  transportation  of  crude  oil, 
petroleum  or  any  of  its  products,  otherwise  than  as  a  common  carrier 
for  an  aggregate  distance  of  thirty-five  or  more  miles  within  this  State, 
continuously  or  otherwise,  by  means  of  such  pipe-line  or  pipe-lines, 
in  whole  or  in  part,  for  any  distance  whatsoever,  across,  along,  over 
or  under  any  public  highway  or  public  road  within  this  State  is  de- 
clared to  be  contrary  to  public  policy  and  is  hereby  expressly  pro- 
hibited. 

§  4.  Application  for  License. — The  license  herein  provided  for  shall 
not  be  issued  by  the  Secretary  of  State  unless  and  until  a  written  ap- 
plication therefor  shall  first  be  filed  with  him  by  the  private  corpora- 
tion, individual  or  association  of  individuals  desiring  to  procure  the 
same,  which  shall  describe  in  a  general  way  the  pipe-line  or  pipe-lines 
for  the  maintenance  and  operation  of  which  such  license  is  desired, 
stating  the  terminal  points  of  such  pipe-line  or  pipe-lines  and  the 
county  and  counties  through  which  the  same  is  or  are  constructed 
and  maintained,  and  the  number  of  miles  thereof  in  each  of  such 
counties,  and  as  nearly  as  may  be  the  point  and  points  at  which  such 
pipe-line  or  pipe-lines  is  or  are  constructed  and  maintained  across, 
along,  over  or  imder  any  public  highway  or  public  road  and  the  ap- 
proximate distance  thereof  in  each  instance,  and  which  w^ritten  applica- 
tion shall  also  set  forth  the  name  of  the  private  corporation,  individual 
or  association  of  individuals  owning,  operating,  managing  or  con- 
trolling, either  directly  or  indirectly,  such  pipe-line  or  pipe-lines  and 
each  and  every  part  thereof.  And  such  license  when  issued  shall 
describe  such  pipe-line  or  pipe-lines  as  described  in  such  application. 

§  5.  Report  to  Railroad  Commission  of  Pumping. — Every  private 
corporation,  individual  or  association  of  individuals  required  to  pro- 
cure the  license  hereinbefore  provided  for  shall  file  with  the  railroad 
commission  of  the  State  of  California  on  or  before  the  tenth  day  of 
each  calendar  month,  including  and  following  the  second  calendar 
month  after  this  act  goes  into  effect,  and  in  such  form  as  said  rail- 
road commission  shall  require,  a  full,  true  and  correct  report  showing 


900 

the  number  of  barrels  (forty-two  gallons  to  the  barrel)  of  crude  oil, 
petroleum  or  any  of  the  products  thereof  which  were  transported 
through  each  and  every  such  pipe-line  so  constructed,  operated  or 
maintained  for  any  distance  whatsoever  across,  along,  over  or  under 
any  public  highway  or  any  public  road  within  this  State  during  the 
preceding  calendar  month.  Such  report  shall  be  subscribed  by  such 
licensee  or  by  its,  his  or  their  agent  duly  appointed  in  writing  for 
such  purpose  and  shall  be  accompanied  by  the  affidavit  of  such  sub- 
scriber stating  in  substance  and  effect  that  he  knows  the  contents 
thereof,  and  that  he  has  had  free  access  to  the  books  and  vouchers 
of  such  licensee  relating  to  the  same  for  the  purpose  of  determining 
the  truth  of  the  statements  contained  therein,  and  that  such  state- 
ments, and  each  and  all  thereof,  are  true  according  to  his  best  informa- 
tion and  belief.  Said  railroad  commission  shall  examine  said  report 
and  if  it  shall  have  no  reason  to  doubt  the  correctness  of  the  same, 
shall,  within  not  less  than  ten  days  thereafter,  certify  it  to  the  Secre- 
tary of  State,  and  thereupon  there  shall  immediately  become  due  and 
payable  to  the  people  of  the  State  of  California  at  the  office  of,  and 
through,  the  Secretary  of  State,  the  sum  of  fift.y  cents  ($.50)  for  each 
such  barrel  of  crude  oil,  petroleum  or  any  of  the  products  thereof  so 
transported  through  such  pipe-line  or  pipe-lines  for  any  distance  what- 
soever across,  along,  over  or  under  such  public  highway  or  public  road. 
Th^  delivery  of  such  certified  report  by  the  railroad  commission  to  the 
Secretary  of  State  shall  be  deemed  notice  as  of  the  date  of  such  filing, 
to  said  licensee  of  the  amount  due  as  a, license  fee  for  such  calendar 
month  under  the  provisions  of  this  act. 

§  6.  Railroad  Commission  to  Check  Reports. — Whenever  the  rail- 
road commission  shall  entertain  any  doubt  of  the  correctness  of  such 
report  so  filed  with  it,  said  railroad  commission  may  subpoena  the 
subscriber  of  such  report  and  require  him  to  bring  before  said  com- 
mission the  books  and  vouchers  from  which  he  secured  the  informa- 
tion set  forth  in  said  report,  and  may  examine  him  under  oath,  and 
may  subpoena  such  other  witnesses  and  hear  such  other  testimony 
in  relation  to  such  matter  as  it  deems  competent,  material  and  relevant, 
and  shall  proceed  summarily  in  the  matter  and  determine  the  true  and 
correct  number  of  such  barrels  of  crude  oil,  petroleum  or  any  of  the 
products  thereof  which  were  so  transported  by  said  licensee  through 
such  pipe-line  so  constructed,  operated  or  maintained  for  any  distance 
whatsoever  across,  along,  over  or  under  any  public  highway  or  public 
road  within  this  State,  and  shall  thereupon  certify  to  the  Secretary  of 
State  its  finding  of  the  number  of  such  barrels,  and)  thereupon  there 
shall  immediately  become  due  and  payable  to  the  people  of  the  State 
of  California  at  the  office  of  and  through  the  Secretary  of  State,  the 
sum  of  fifty  cents  ($.50)  for  each  such  barrel  of  such  crude  oil,  petro- 
leum or  any  of  the  products  thereof  so  transported.  The  delivery  of 
such  certified  finding  by  the  railroad  commission  to  the  Secretary  of 
State  shall  be  deemed  notice  as  of  the  date  of  such  filing  to  said  licensee 
of  the  amount  due  as  a  license  fee  under  the  provisions  of  this  act. 
The  railroad  commission  may  revoke  the  license  of  such  licensee  if, 


PIPE-LINE  LICENSE  ACT.  901 

upon  such  hearing,  it  finds  that  any  material  statement  contained  in 
said  sworn  report  is  false  and  that  such  falsity  was  known  to  such 
licensee  at  the  time  such  report  was  filed  with  said  railroad  commis- 
sion, or  that  said  licensee  had  reason  to  believe  at  such  time  that  such 
report  was  false,  or  that  such  licensee  willfully  aided  or  abetted  the 
making  of  such  false  report,  either  directly  or  indirectly,  in  any  man- 
ner whatsoever,  and  said  railroad  commission  may  thereupon  refuse 
to  authorize  the  Secretary  of  State  to  renew  any  such  license,  or  to 
issue  a  new  one  to  any  private  corporation,  individual  or  association 
of  individuals  whose  license  has  thus  been  revoked,  within  one  year 
from  the  time  same  was  revoked. 

§  7.  Penalty — Fines. — Every  individual  and  every  member  of  any 
association  of  individuals,  and  every  officer,  agent,  attorney  or  em- 
ployee of  any  private  corporation,  who  knowingly  and  willfully  vio- 
lates or  fails  to  comply  with,  or  who  knowingly  and  willfully  aids  and 
abets  any  violation  of  any  provision  of  this  act,  or  who  knowingly 
and  willfully  fails  to  observe,  obey  or  comply  with  any  order,  decision, 
rule,  direction,  demand  or  requirement,  or  any  part  or  provision 
thereof,  of  the  said  railroad  commission,  or  who  knowingly  or  willfully 
procures,  aids  or  abets  any  failure  to  observe,  obey  and  comply  there- 
with, is  guilty  of  a  misdemeanor  and  is  punishable  by  a  fine  not  ex- 
ceeding one  thousand  dollars  ($1,000)  or  by  imprisonment  in^  the 
county  jail  not  exceeding  one  year,  or  by  both  such  fine  and  imprison- 
ment. 

§  8.  Action  to  Begin  for  Violating  Act. — Whenever  the  railroad 
commission  shall  entertain  the  belief  that  any  private  corporation,  in- 
dividual or  association  of  individuals  required  by  the  provisions  of 
this  act  to  procure  the  aforesaid  license,  is  transporting  crude  oil, 
petroleum  or  any  of  the  products  thereof,  for  any  distance  whatsoever, 
through  any  pipe-line  now  constructed  and  maintained  across,  along, 
over  or  under  any  public  highway  or  public  road  within  this  State 
without  having  procured  the  license  herein  provided  for,  or  has  or  is 
about  to  construct  any  pipe-line  for  the  transportation  of  crude  oil, 
petroleum  or  any  of  the  products  thereof  for  any  distance  whatsoever 
across,  along,  over  or  under  any  public  highway  or  any  public  road 
within  this  State,  it  shall  direct  the  attorney  of  the  commission  to 
commence  an  action  or  proceeding  in  the  Superior  Court  in  and  for  the 
county,  or  city  and  county,  in  which  such  pipe-line  or  any  part  thereof 
is  so  constructed  or  maintained,  or  has  been  or  is  about  to  be  so  con- 
structed, for  any  distance  whatsoever,  across,  along,  over  or  under  any 
public  highway  or  public  road,  or  in  the  Superior  Court  in  and  for  the 
county,  or  city  and  county,  in  which  the  private  corporation,  individual 
or  association  of  individuals  so  transporting  or  threatening  to  con- 
struct a  pipe-line  or  pipe-lines  for  the  purpose  of  transporting  crude 
oil,  petroleum  or  any  of  the  products  thereof,  maintain  or  maintains 
it,  his  or  their  principal  place  of  business,  and  said  action  or  proceed- 
ing shall  be  brought  in  the  name  of  the  people  of  the  State  of  Cali- 
fornia for  the  purpose  of  having  such  violation  or  threatened  violation 
of  the  provisions    of   this    act    stopped  and  prevented  by  mandamus. 


902  HILLYER^S  LEGAL  MANUAL. 

injunction  or  other  appropriate  remedy,  and  for  the  purpose  of  recov- 
erino:  a  judg:ment  for  such  damae^es  as  may  have  been  incurred  by  the 
people  of  the  State  of  California  for  such  violation  or  threatened 
violation  of  the  provisions  of  this  act.  It  shall  thereupon  become  the 
duty  of  the  court  to  specify  a  time  not  exceeding  twenty  days  after 
the  service  of  the  copy  of  the  petition  in  which  the  private  corpora- 
tion, individual  or  association  of  individuals  complained  of  must  an- 
swer such  petition,  and  in  the  meantime,  said  private  corporation, 
individual  or  association  of  individuals  may  be  restrained  by  said 
court  from  continuing  such  violation  or  threatened  violation  of  any  of 
the  provisions  of  this  act.  In  case  of  default  in  the  answer,  or  after 
the  answer  has  been  filed  by  such  defendant  or  defendants,  the  court 
shall  immediately  hear  and  determine  the  case.  Such  private  corpora- 
tion or  individuals  as  the  court  may  deem  necessary  or  proper  in  order 
to  make  its  judgment,  order  or  writ  effective,  may  be  joined  as  parties. 
The  final  judgment  in  any  such  action  or  proceeding  shall  either  dis- 
miss the  action  or  proceeding  or  direct  that  the  writ  of  mandnmiis  or 
injunction  issue  or  be  made  perpetual  as  prayed  for  in  the  petition, 
or  in  such  modified  or  other  form  as  will  give  appropriate  relief.  An 
appeal  may  be  taken  to  the  Supreme  Court  from  such  final  judgment 
in  the  same  manner  and  with  the  same  effect,  subject  to  the  provisions 
of  this  act,  as  appeals  are  taken  from  the  judgments  of  the  Superior 
Court  in  other  cases  involving  mandamus  or  injunction. 

§  9.  Failure  to  Pay  License. — Any  failure  on  the  part  of  any  licensee 
to  pay  within  twenty  days  after  the  same  becomes  due,  the  license  fees 
or  any  portion  thereof  as  required  by  and  provided  in  the  provisions 
of  this  act,  shall  operate  to  forfeit,  ipso  facto,  such  license,  and  to 
deprive  such  licensee  of  the  right  to  continue  to  transport  any  crude 
oil,  petroleum  or  any  of  the  products  thereof  through  any  part  of  any 
such  pipe-line  or  pipe-lines  for  any  distance  whatsoever  across,  along, 
over  or  under  any  public  highway  or  public  road. 

§  10.  License  Fee  a  Lien  on  Property. — The  license  fee,  and  each 
installment  thereof,  in  this  act  provided  for,  upon  the  same  becoming 
due,  as  herein  provided,  is  hereby  declared  to  be  a  lien  upon  the  whole 
of  the  pipe-line  or  pipe-lines  and  plant  and  equipment  used  in  connec- 
tion therewith  of  which  that  part  of  such  pipe-line,  for  the  privilege 
of  maintaining  and  operating  which  said  license  is  procured,  is  a  part 
as  described  in  the  application  for  such  license,  from  the  time  that 
such  license  fee,  and  each  installment  thereof,  becomes  due  and  pay- 
able; and  such  lien  shall  be  enforceable  in  the  same  way  that  tax  liens 
in  the  State  of  California  are  enforceable,  and  by  the  same  procedure 
in  so  far  as  the  same  is  or  can  be  made  applicable  hereto. 

§  11.  License  Fee  —  Exemptions. — Any  and  every  licensee  under 
this  act  who  pays  a  license  fee  of  not  less  than  fifty  cents  ($.50) 
per  barrel  of  forty-two  gallons  each  to  the  State  of  California  under 
any  other  law  of  this  State  for  the  privilege  of  transporting  or  of 
engaging,  either  directly  or  indirectly,  in  the  business  of  transporting 
crude  oil,  petroleum  or  any  of  the  products  thereof  through  a  pipe- 


PIPE-LINE  CARRIERS  ACT.  903 

line  or  pipe-lines,  is  hereby  exempted  and  relieved  from  the  pa\'ment 
of  the  monthly  license  fees  herein  provided  for  by  this  act. 

§  12.  Validity  of  Act. — If  any  section,  subsection,  sentence,  clause 
or  phrase  of  this  act  is  for  any  reason  held  to  be  unconstitutional, 
such  decision  shall  not  affect  the  validity  of  the  remaining  portions  of 
this  act.  The  legislature  hereby  declares  that  it  would  have  passed 
this  act  and  each  section,  subsection,  sentence,  clause  or  phrase  thereof 
irrespective  of  the  fact  that  any  one  or  more  other  sections,  subsec- 
tions, sentences,  clauses  or  phrases  be  declared  unconstitutional. 


ACT  DECLARING  PIPE-LINES  COMMON  CARRIERS. 

(Approved  June  4,  1913.) 

§  1.  Definition. 

§  2.  Pipe-line  a  common  carrier. 

§  3.  Public  utility. 

§  4.  Validity  of  act. 

§  5.  Exemptions  of  act. 

§  1.  Definition. — Every  private  corporation  and  every  individual 
or  association  of  individuals : 

(a)  Owning,  operating,  managing  or  controlling  any  pipe-line  or 
any  part  of  any  pipe-line,  plant  or  equipment  within  the  State  of  Cali- 
fornia for  the  transportation  of  crude  oil  or  petroleum  or  the  products 
thereof,  either  directly  or  indirectly,  to  or  for  the  public,  for  hire, 
compensation  or  consideration  of  any  kind,  paid,  given,  extended  or 
received,  directly  or  indirectly,  for  such  transportation,  or  engaged, 
directly  or  indirectly,  in  the  business  of  so  transporting  the  same ;  or 

(b)  Owning,  operating,  managing  or  controlling  any  pipe-line  or 
any  part  of  any  pipe-line,  plant  or  equipment  for  the  transportation  of 
crude  oil,  petroleum  or  the  products  thereof,  directly  or  indirectly,  to 
or  for  the  public,  for  hire,  compensation  or  consideration  of  any  kind, 
paid  or  received,  directly  or  indirectly,  for  such  transportation,  and 
which  said  pipe-line,  plant  or  equipment  is  constructed  or  maintained 
upon,  along,  over  or  under  any  public  highway,  and  in  favor  of  whom 
the  right  of  eminent  domain  exists;  or 

(c)  Owning,  operating,  managing  or  controlling,  directly  or  in- 
directly, any  pipe-line  or  pipe-lines,  or  any  part  of  any  pipe-line  or 
pipe-lines,  plant  or  equipment,  or  any  pipe-line  system  or  any  part 
thereof,  for  the  transportation,  directly  or  indirectly,  to  or  for  the  pub- 
lic, for  hire  or  otherwise,  of  crude  oil,  petroleum  or  products  thereof, 
and  which  said  pipe-line,  or  pipe-lines,  or  plant  or  equipment,  or  sys- 
tem is,  or  are,  constructed,  operated  or  maintained  across,  upon,  along, 
over  or  under  the  right  of  way  of  any  railroad  corporation  or  other 
common  carrier  required  by  law  to  transport  crude  oil,  petroleum  or 
products  thereof  as  a  common  carrier;  or 

(d)  Owning,  using,  operating,  managing  or  controlling,  directly  or 
indirectly,  or  participating  in  the  ownership,  use,  operation,  manage- 
ment or  control,  directly  or  indirectly,  under  lease,  contract  of  pur- 


904  hillyer's  legal  manual. 

chase,  agreement  to  buy  and  sell,  or  other  contractual  or  tacit  agree- 
ment or  arrangement  of  any  kind  or  character  whatsoever,  of  any 
pipe-line,  or  pipe-lines,  or  any  part  of  any  pipe-line,  or  pipe-lines,  plant 
or  equipment,  or  pipe-line  system,  or  any  part  of  any  pipe-line  system, 
for  the  transportation  of  crude  oil,  petroleum  or  the  products  thereof, 
of  and  from,  or  of,  or  from  any  oil  field  or  place  of  production  within 
the  State  of  California,  to  any  distributing,  refining,  or  marketing  cen- 
ter or  reshipping  point  therefor  within  said  State,  whereby,  or  under, 
or  through  which,  directly  or  indirectly,  such  corporation,  or  any  cor- 
poration or  association  of  corporations,  or  individual  or  association  of 
individuals  secures,  or  is  enabled  to  secure,  or  attempts  to  secure,  or 
tends  to  secure,  the  control  of,  or  monopoly  of  the  purchasing  of,  or 
the  control  of,  or  monopoly  of  the  transportation  of  such  crude  oil, 
petroleum  or  the  products  thereof ; 

Is  hereby  declared  to  be  a  common  carrier  and  subject  to  the  pro- 
visions of  the  act  known  as  the  ''Public  Utilities  Act,"  approved 
December  23,  1911, 

§  2.  Pipe-line  a  Common  Carrier. — Every  corporation  organized 
and  existing  under  the  laws  of  the  State  of  California  or  under  the 
laws  of  any  other  State  to  transport,  or  to  engage  in  the  business  of 
transporting,  within  the  State  of  California,  any  crude  oil,  petroleum 
or  the  products  thereof,  or  for  the  purpose  of  acquiring,  constructing, 
leasing,  owning,  maintaining  or  operating,  directly  or  indirectly,  or 
of  controlling  or  participating  in  the  control  of  any  pipe-line  or  pipe- 
lines with  pumping  station  or  stations,  or  other  appurtenant  equipment 
or  plant  constructed  and  maintained,  or  to  be  constructed  or  main- 
tained for  the  transportation  of  crude  oil,  petroleum  or  the  products 
thereof,  actually  engaged  or  engaging  in  such  operation  or  transpor- 
tation, directly  or  indirectly,  or  shares,  directly  or  indirectly,  in  the 
business  of  such  operation  or  transportation,  is  hereby  declared  to  be 
a  common  carrier  and  subject  to  the  provisions  of  the  "Public  Utilities 
Act"  of  the  State  of  California,  approved  December  23,  1911. 

§  3.  Public  Utility. — ^Any  pipe-line  constructed,  acquired,  owned, 
operated,  maintained,  managed  or  controlled  by  any  private  corpora- 
tion or  individual  or  association  of  individuals  for  any  of  the  purposes 
or  under  any  of  the  conditions  specified  in  section  1  or  section  2  of 
this  act,  is  hereby  declared  to  be  a  public  utility  and  subject  to  the 
provisions  of  the  "Public  Utilities  Act"  of  the  State  of  California, 
approved  December  23,  1911. 

§  4.  Validity  of  Act. — If  any  section,  subsection,  sentence,  clause 
or  phrase  of  this  act  is  for  any  reason  held  to  be  unconstitutional,  such 
decision  shall  not  affect  the  validity  of  the  remaining  portions  of  this 
act.  The  legislature  hereby  declares  that  it  would  have  passed  this 
act  and  each  section,  subsection,  sentence,  clause  and  phrase  thereof, 
irrespective  of  the  fact  that  any  one  or  more  other  sections,  sub- 
sections, sentences,  clauses  or  phrases  be  declared  unconstitutional. 

§  5.  Exemptions  of  Act. — The  provisions  of  this  act  are  not  to  be 
construed  as  applying  to  any  corporation,  individual  or  association  of 
individuals  where  the  nature  and  extent  of  their  business  is  such  that 


RAILROAD  COMMISSION  RULES.  905 

the  public  needs  no  use  in  the  same,  and  the  conduct  of  the  same  is 
not  a  matter  of  public  consequence. 

PERMISSION  TO  CONSTRUCT  PIERS, 
WHARVES,  ETC. 

Political  Code,  §  2906. — The  boards  of  supervisors  of  every  county  in 
this  State  may,  upon  approval  of  the  railroad  commission,  grant 
authority  to  any  person  or  corporation  to  construct  a  wharf,  chute, 
or  pier,  on  any  lands  bordering  on  any  navigable  bay,  lake,  inlet, 
creek,  slough  or  arm  of  the  sea,  situate  in  or  bounding  their  counties, 
respectively,  with  a  license  to  take  tolls  for  the  use  of  the  same  for 
the  term  of  twenty  years.     (Approved  June  14,  1913.) 

RULES— CALIFORNIA    RAILROAD    COMMISSION. 

The  following  rules  of  practice  and  procedure  were  adopted  by  the 
Railroad  Commission  of  the  State  of  California  in  accordance  with  the 
provisions  of  section  53  of  the  Public  Utilities  Act : 

Rule  1.  Definitions. — 1.  The  term  "public  utility,"  when  used  in 
these  rules,  includes  every  common  carrier,  pipe-line  corporation,  gas 
corporation,  electrical  corporation,  telephone  corporation,  telegraph 
corporation,  water  corporation,  wharfinger  and  warehouseman,  as 
those  terms  are  defined  in  section  2  of  the  Public  Utilities  Act. 

2.  The  term  ''Commission,"  when  used  in  these  rules,  means  the 
Railroad  Commission  of  the  State  of  California. 

3.  The  term  ''formal  proceeding,"  when  used  in  these  rules,  means 
a  proceeding  which  contemplates  a  hearing  before  the  Commission  or  a 
commissioner  sitting  in  a  judicial  or  quasi-jvLdioAal  capacity.  A  formal 
proceeding  may  be  either  (a)  a  complaint  or  (&)  an  application. 

4.  The  term  "complaint"  when  used  in  these  rules,  means  a  formal 
proceeding,  whether  brought  upon  the  Commission's  own  motion  or 
upon  complaint  of  a  third  party,  having  for  its  object  the  rendition  of 
an  order  or  decision  which  can  be  enforced  by  the  Commission. 

5.  The  term  "application,"  when  used  in  these  rules,  means  a  formal 
proceeding  brought  by  a  public  utility,  for  the  purpose  of  securing  the 
Commission's  authorization  or  permission  to  perform  an  act. 

6.  The  term  "financial  condition,"  when  used  in  these  rules  with 
reference  to  an  application,  means  the  financial  condition  of  the  appli- 
cant as  shown  by  a  schedule  or  schedules  annexed  to  the  petition  and 
properly  referred  to  therein,  and  showing: 

(a)  Amount  and  kinds  of  stock  authorized. 

(&)  Amount  and  kinds  of  stock  issued  and  outstanding. 

(c)  Terms  of  preference  of  all  preferred  stock,  whether  cumula- 
tive or  participating,  or  on  dividends  or  assets,  or  otherwise. 

(d)  Brief  description  of  each  mortgage  upon  property  of  appli- 
cant, giving  date  of  execution,  name  of  mortgagor,  name  of  mort- 
gagee or  trustee,  amount  of  indebtedness  authorized  to  be  secured 
thereby  and  amount   of  indebtedness  actually  secured. 


906 

(e)  Number  and  amount  of  bonds  authorized  and  issued,  giv- 
ing name  of  the  public  utility  which  issued  the  same,  describing 
each  class  separately,  giving  date  of  issue,  par  value,  rate  of  inter- 
est, date  of  maturity  and  how  secured. 

(/)  Other  indebtedness,  giving  same  by  classes  and  describing 
security,  if  any,  with  a  brief  statement  of  the  devolution  or  as- 
sumption of  any  portion  of  such  indebtedness  upon  or  by  any  cor- 
poration or  person,  if  the  original  liability  has  been  transferred. 

(g)  Amount  of  interest  paid  during  prevous  fiscal  year  and  rate 
thereof,  with  amount  paid  at  each  rate,  if  different  rates  were  paid; 
upon  each  issue  of  indebtedness. 

(h)  Rate  and  amount  of  dividends  paid  during  the  five  previous 
fiscal  years  and  the  amount  of  capital  stock  on  which  dividends 
were  paid  each  year.  ^ 

(i)  Detailed  statement  of  earnings  and  expenditures  for  and  bal- 
ance sheet  showing  conditions  at  close  of  the  last  fiscal  year,  unless 
already  filed  with  the  Commission  as  part  of  the  annual  report,  in 
which  case  a  reference  to  the  filing  should  be  given. 

Rule  2.  Sessions  of  Commission. — The  office  of  the  Commission 
shall  be  in  San  Francisco,  California,  and  shall  always  be  open,  legal 
holidays  and  nonjudicial  days  excepted.  The  regular  monthly  session 
of  the  Commission  shall  be  held  in  its  office  on  the  second  Tuesday  of 
every  month  at  10:30  o'clock  A.  M.,  at  which  time  any  person  having 
business  with  the  Commission  may  appear  and  be  heard.  The  Com- 
mission will  hold  other  sessions  at  San  Francisco  and  elsewhere  in  the 
State  of  California  at  such  times  as  it  may  designate.  The  sessions 
of  the  Commission  shall  be  public. 

Rule  3.  Secretary  to  Furnish  Information. — The  Commission's  sec- 
retary will,  upon  request,  advise  as  to  the  form  of  complaint,  petition, 
answer  or  other  documents  necessary  to  be  filed  in  any  formal  proceed- 
ing, and  furnish  such  information  from  the  files  of  the  Commission  as 
will  conduce  to  a  full  presentation  of  material  facts. 

Rule  4.    Formal  Proceedings — Greneral  Matters  Applicable  to  All. — 

1.  Address  of  Commission.  All  communications  should  be  addressed 
to  **  Railroad  Commission  of  the  State  of  California,  San  Francisco,  Cali- 
fornia." 

2.  Case  Numbers.  The  secretary  shall  assign  to  each  formal  pro- 
ceeding a  number  which  the  parties  shall,  before  filing,  place  on  all  sub- 
sequent papers  in  such  proceeding. 

3.  Form  and  Size  of  Papers  Filed.  All  pleadings  filed  with  the 
Commission  in  formal  proceedings  shall  be  printed  or  typewritten  on 
one  side  of  the  paper  only,  and,  as  far  as  practicable,  shall  be  upon 
paper  8%  by  13  inches  in  size.     Each  line  and  page  shall  be  numbered. 

4.  Amendments.  The  Commission  may,  in  its  discretion,  allow  any 
pleading  to  be  amended  or  corrected  or  any  omission  therein  to  be  sup- 
plied. 


RAILROAD  COMMISSION  RULES.  907 

5.  Subpoenas.  Subpoenas  requiring  the  attendance  of  a  witness  from 
any  place  in  the  State  to  any  designated  place  of  liearing,  for  the  pur- 
pose of  taking  the  testimony  of  such  witness  orally  before  the  Com- 
mission or  one  or  more  commissioners  may  be  issued  by  any  commissioner 
or  the  secretary. 

Subpoenas  for  the  production  of  books,  accounts,  papers,  waybills  and 
other  documents  (unless  issued  upon  the  Commission's  own  motion) 
will  only  be  issued  upon  application  in  writing,  stating,  as  nearly  as 
possible,  the  books,  accounts,  papers,  waybills  or  other  documents  de- 
sired to  be  produced. 

6.  Service  of  Papers.  Personal  service  of  papers  in  all  hearings, 
investigations  and  formal  proceedings  pending  before  the  Commission 
may  be  made  upon  any  person  upon  whom  a  summons  may  be  served 
in  accordance  with  the  provisions  of  the  Code  of  Civil  Procedure  of  this 
State.  Service  may  also  be  made  by  mailing  in  a  sealed  envelope,  reg- 
istered, with  postage  prepaid,  addressed  to  any  party  to  such  hearing, 
investigation  or  formal  proceeding  or  to  any  person  upon  whom  a  sum- 
mons may  be  served  in  accordance  with  the  provisions  of  the  Code  of 
Civil  Procedure.  If  service  is  made  by  mailing,  and  an  act  is  to  be 
performed  within  a  specified  time  after  service,  the  time  for  the  per- 
formance of  the  act  shall  begin  to  run  at  the  time  the  registered  letter 
is  received.  -When  any  party  has  appeared  by  attorney,  service  upon 
the  attorne}^  will  be  deemed  proper  service  upon  such  party. 

7.  Filing  or  Entry  and  Service  of  Orders.  Each  order,  authoriza- 
tion or  certificate  made,  issued  or  approved  by  the  Commission  shall  be 
in  writing  and  shall  be  filed  with  or  entered  on  the  records  of  the  Com- 
mission, in  accordance  with  the  provisions  of  the  Public  Utilities  Act, 
and  a  copy  thereof,  certified  by  the  secretary  under  the  seal  of  the  Com- 
mission, shall  be  served  upon  or  delivered  to  the  corporation  or  person 
complained  of,  or  the  applicant,  or  his  or  its  attorney. 

8.  Intervention.  In  any  formal  proceeding,  the  Commission  may 
permit  any  corporation,  association,  body  politic  or  person  to  intervene 
and  be  heard,  after  opportunity  has  been  given  to  the  party  or  parties 
to  such  proceeding  to  be  heard  on  such  intervention.  Leave  thus 
granted  shall  entitle  the  intervener  to  have  notice  of  and  to  appear 
at  the  taking  of  testimony,  to  produce  and  cross-examine  witnesses,  and 
to  be  heard  in  person  or  by  counsel  on  the  argument. 

Rule  5.     Complaints — Contents  and  Proceedings  Up  to  Hearing. — 

1.  Who  may  Complain.  Complaint  may  be  made  by  the  Commis- 
sion of  its  own  motion  or  by  any  corporation  or  person,  chamber  of  com- 
merce, board  of  trade,  or  any  civic,  commercial,  mercantile,  traffic,  agri- 
cultural or  manufacturing  association  or  organization  or  any  body 
politic  or  municipal  corporation,  by  complaint  in  writing,,  setting  forth 
any  act  or  thing  done  or  omitted  to  be  done  by  any  public  utility  in 
violation,  or  claimed  to  be  in  violation,  of  any  provision  of  law  or  of 
any  order  or  rule  of  the  Commission. 


908  hillyer's  legal  manual. 

(a)  Any  public  utility  shall  have  the  right  to  complain  on  any 
of  the  grounds  upon  which  complaint  may  be  made  by  other  parties. 

2.  Contents  of  Complaint.  Each  complaint  shall  show  the  venue, 
** Before  the, Railroad  Commission  of  the  State  of  California,"  shall 
bear  a  heading  showing  the  name  of  the  complainant  and  the  name  of 
the  defendant  and  shall  state — 

(a)   The  full  name  and  postoffice  address  of  the  complainant. 
(h)   The  full  name  and  postoffice  address  of  the  defendant. 

(c)  Fully,  clearly  and  with  reasonable  certainty  the  act  or  thing 
done  or  omitted  to  be  done,  of  which  complaint  is  made,  with  a 
reference,  where  practicable,  to  the  law,  order  or  rule,  and  the  sec- 
tion or  sections  thereof,  of  which  a  violation  is  claimed. 

(d)  Such  other  matters  or  facts,  if  any,  as  may  be  necessary  to 
acquaint  the  Commission  fully  with  the  details  of  the  alleged  vio- 
lation. 

3.  Signature  of  Complaint. 

(a)  The  complaint  shall  be  signed  by  the  complainant  or  his  at- 
torney, if  any,  and  shall  show  the  name  and  postoffice  address  of 
such  attorney  and  shall  be  verified.  Complaints  by  unincorporated 
associations  may  be  verified  by  any  officer  or  director  thereof. 

(h)  Except  upon  its  own  motion,  the  Commission  will  entertain 
no  complaint  as  to  the  reasonableness  of  any  rates  or  charges  of 
any  gas,  electrical,  water  or  telephone  corporation,  other  than  a 
complaint  of  the  corporation  itself,  unless  the  same  be  signed  by 
the  mayor  or  the  president  or  the  chairman  of  the  board  of  trustees 
or  a  majoritj^  of  the  council,  Commission,  or  other  legislative  body 
of  the  city  and  county,  or  city  or  town,  if  any,  within  which  the 
alleged  violation  occurred,  or  not  less  than  twenty-five  consumers 
or  purchasers  or  prospective  consumers  or  purchasers  of  such  gas, 
electricity,  water  or  telephone  service. 

4.  Copies  to  Accompany  Complaint.  At  the  time  complainant  files 
his  original  complaint,  he  must  also  file  copies  thereof  equal  in  number 
to  one  more  than  twice  the  number  of  corporations  or  persons  to  be 
served. 

5.  Procedure  of  Commission  on  Filing  of  Complaint.  Upon  the 
filing  of  such  complaint,  the  Commission  shall  immediately  mail  a  copy 
thereof  to  the  defendant  or  defendants  and  shall  also  examine  the  same 
to  ascertain  whether  it  establishes  a  prima  facie  case  and  conforms  to 
these  rules.  At  any  time  within  five  days  after  the  receipt  by  a  defend- 
ant of  such  copy  of  such  complaint,  he  may,  in  writing,  call  the  Com- 
mission's attention  to  any  defects  therein,  but  this  privilege  shall  not 
in  any  wise,  unless  the  Commission  specifically  so  orders,  extend  "the 
time  within  which  such  defendant  is  required  to  satisfy  the  complaint 
or  to  answer.  If  the  Commission  is  of  the  opinion  that  the  complaint 
does  not  establish  a  prima  facie  case  or  does  not  conform  to  these  rules, 
it  shall  notify  the  complainant  or  his  attorney  to  that  effect,  and  oppor- 


RAHiROAD  COMMISSION  RULES.  909 

tunity  may  be  given  to  amend  the  complaint  within  a  specified  time. 
If  the  complaint  is  not  so  amended  within  such  time  or  such  extension 
thereof  as  the  Commission,  for  good  cause  shown,  may  grant,  it  will  be 
dismissed. 

If  the  Commission  is  of  the  opinion  that  such  complaint,  either  as 
originally  filed  or  as  amended,  does  establish  a  prima  facie  case  and  con- 
form to  these  rules,  the  Commission  shall  serve  upon  each  corporation 
or  person  complained  of,  an  order  under  the  hand  of  its  secretary  and 
attested  by  its  seal,  accompanied  by  a  copy  of  said  complaint,  directed 
to  such  corporation  or  person  and  requiring  that  the  matter  com- 
plained of  be  satisfied,  or  that  the  complaint  be  answered  in  writing 
within  ten  days  from  the  date  of  service  of  such  order,  provided  that 
the  Commission  may,  in  particular  cases,  require  the  answer  to  be  filed 
within  a  shorter  time. 

6.  Satisfaction  of  Complaint.  If  the  defendant  desires  to  satisfy  the 
complaint,  he  may  submit  to  the  Commission,  within  the  time  allowed 
for  the  satisfaction  or  answer,  a  statement  of  the  relief  which  he  is  will- 
ing to  give.  On  the  acceptance  of  this  offer  by  the  complainant  and  the 
approval  of  the  Commission,  no  further  proceedings  need  be  taken. 

7.  Answer  to  Complaint.  If  satisfaction  be  not  made  as  aforesaid, 
the  corporation  or  person  complained  of  must,  within  the  time  specified 
in  the  order  or  such  extension  thereof  as  the  Commission,  for  good 
cause  shown,  may  grant,  file  an  answer  to  the  complaint,  with  admission 
of  service  by  complainant  or  his  attorney  indorsed  thereon,  or  an  affi- 
davit of  service.  The  answer  must  contain  a  specific  denial  of  such 
material  allegations  of  the  complaint  as  controverted  by  the  defendant 
and  also  a  statement  of  any  new  matter  constituting  a  defense.  If 
the  answering  party  has  no  information  or  belief  upon  the  subject  suffi- 
cient to  enable  him  to  answer  an  allegation  of  the  complaint,  he  may  so 
state  in  his  answer  and  place  his  denial  upon  that  ground.  The  filing 
of  an  answer  will  not  be  deemed  an  admission  of  the  sufficiency  of  the 
petition,  but  a  motion  to  dismiss  may  be  made  at  the  hearing. 

Rule  6.  Hearings  and  Rehearings — In  All  Formal  Proceedings. — 
1.  When  Hearings  will  he  Given.  Except  as  otherwise  determined  in 
specific  cases,  the  Commission  will  grant  a  hearing  in  the  following 
classes  of  cases : 

(a)  When  an  order  to  satisfy  a  complaint  or  to  make  answer  thereto 
has  been  made  and  the  corporation  or  person  complained  of  has  not 
satisfied  the  cause  of  complaint.     (Rule  5.) 

{b)  When  an  application  has  been  made  in  a  formal  proceeding. 
2.  Notice  of  Place  of  Hearing. 

(a)  Notice  of  the  day  and  hour  of  a  hearing  shall  be  served  at 
least  ten  days  before  the  time  set  therefor,  unless  the  Commission 
shall  find  that  public  necessity  requires  the  hearing  to  be  held  at 
an  earlier  date.  Hearings  shall  be  held  in  the  office  of  the  Com- 
mission in  San  Francisco  unless  elsewhere  specified  in  the  notice. 


910  hillyer's  legal  manual. 

(6)  In  formal  applications,  the  Commission  may,  in  its  discre- 
tion, give  all  other  corporations  or  persons  who  may  be  affected  thereby 
an  opportunity  to  be  heard,  either  by  service  upon  them  of  a  copy 
of  the  petition  or  by  publication  of  the  substance  thereof,  at  the 
expense  of  the  applicant,  for  such  length  of  time  and  in  such  news- 
paper or  newspapers  as  the  Commission  may  designate.  In  such 
cases,  the  form  of  the  notice  must  be  submitted  to  the  secretary  of 
the  Commission  for  approval,  and  proof  of  the  publication  thereof 
•   must  be  filed  with  the  secretary  at  or  before  the  hearing. 

3.  Stipulation  as  to  Facts.  The  parties  to  any  proceeding  or  investi- 
gation before  the  Commission  may,  by  stipulation  in  writing  filed  with 
the  Commission  or  entered  in  the  record,  agree  upon  the  facts  or  any 
portion  thereof  involved  in  the  controversy,  which  stipulation  shall  be 
regarded  and  used  as  evidence  at  the  hearing.  It  is  desirable  that  the 
facts  be  thus  agreed  upon  whenever  practicable.  The  Commission  may 
in  such  cases  require  such  additional  evidence  as  it  may  deem  necessary. 

4.  Procedure  at  Hearings. 

(a)  Witnesses  will  be  examined  orally  and  under  oath  before  the 
Commission  or  a  commissioner  unless  the  facts  are  stipulated  or  the 
Commission  or  commissioner  otherwise  orders. 

(&)  The  complainant  must  establish  the  facts  upon  w^hich  he  bases 
his  complaint,  unless  the  defendant  admits  the  same  or  fails  to  answer 
the  complaint.  The  defendant  must  likewise  give  evidence  of  the 
facts  alleged  in  the  answer,  unless  admitted  by  the  complainant,  and 
must  fully  disclose  its  defense  at  the  hearing.  In  case  of  failure  to 
answer,  the  Commission  will  take  such  proof  of  the  facts  as  may  be 
deemed  proper  and  reasonable  and  make  such  order  thereon  as  the 
circumstances  of  the  case  may  require. 

(c)  If  documentary  evidence  is  offered,  the  Commission,  in  lieu  of 
requiring  the  originals  to  be  filed,  may,  in  its  discretion,  accept  cer- 
tified, or  otherwise  authenticated,  copies  of  such  documents  or  such 
portions  of  the  same  as  may  be  relevant,  or  may  require  such  evidence 
to  be  transcribed  as  part  of  the  record. 

5.  Adjournments.  Hearings  may  be  adjourned  from  time  to  time 
by  or  at  the  direction  of  the  Commission  or  a  commissioner. 

6.  Bnefs.  The  Commission  or  a  commissioner  may  require  the  sub- 
mJssion  of  briefs. 

7.  Investigations  on  Commission's  Own  Motion.  The  Commission 
may  at  any  time,  of  its  own  motion,  make  investigations  and  order  hear- 
ings into  any  act  or  thing  done  or  omitted  to  be  done  by  any  public 
utility,  which  the  Commission  may  believe  is  in  violation  of  any  pro- 
vision of  law  or  of  any  order  or  rule  of  the  Commission.  It  may  also, 
through  its  own  experts  or  employees,  or  otherwise,  secure  such  evi- 
dence as  it  may  consider  necessary  or  desirable  in  any  formal  proceed- 
ing in  addition  to  the  evidence  presented  by  the  parties. 

8.  Rehearings.  Any  party  to  a  formal  proceeding  or  any  stockholder 
or  bondholder  or  other  party  pecuniarily  interested  in  the  public  utility 


RAILROAD  COMMISSION  RULES.  911 

affected  may  apply  for  a  rehearing  as  to  any  matters  determined  hy 
the  Commission  and  specified  in  the  application  for  the  rehearing,  and 
the  Commission  may  grant  and  hold  such  rehearing  on  said  matters,  if 
in  its  judgment  sufficient  reason  therefor  be  made  to  appear.  Such 
application  shall  set  forth  specifically  the  ground  or  grounds  on  which 
the  applicant  considers  the  Commission's  decision  or  order  to  be  unlaw- 
ful or  erroneous.  Rehearings  must  be  asked  for  before  the  effective 
date  of  the  decision  or  order  complained  of.  In  further  respects,  rehear- 
ings will  be  governed  by  the  provisions  of  section  66  of  the  Public 
Utilities  Act. 

Rule  7.  Switch  Connections  and  Spurs — Complaints  for. — When 
complaint  is  made  for  the  installation  of  a  switch  connection  or  spur, 
under  the  provisions  of  section  39  of  the  Public  Utilities  Act: 

1.  The  complaint,  in  addition  to  the  requirements  of  Rule  5,  subd.  2, 
must  state : 

(a)  Character  and  amount  of  business  which  will  probably  be 
tendered  at  such  connection  or  spur. 

(&)  Length  of  track  necessary  to  be  built  by  defendant  and  the 
cost  of  the  same. 

2.  "With  the  complaint  shall  be  filed : 

(a)  Map  on  scale  of  not  less  than  100  feet  per  inch,  showing  loca- 
tion of  existing  tracks;  property  lines;  buildings  and  structures  in 
the  vicinity;  and  the  location  and  length  of  the  proposed  switch 
connection  or  spur.  Such  map  should  be  filed  in  triplicate ;  one  copy 
shall  be  on  tracing  linen  unless  waived  by  the  Commission. 

Rule  8.  Value  of  Property  of  Public  Utilities. — Formal  proceedings 
instituted  by  the  Commission  to  ascertain  the  value  of  the  property 
of  a  public  utility  shall  be  conducted  as  specified  in  section  70  of  the 
Public  Utilities  Act.  Whenever  in  any  formal  proceeding  the  value  of 
the  property  or  a  portion  thereof  of  a  public  utility  becomes  relevant 
and  pertinent,  the  Commission  may,  through  its  own  experts  and  em- 
ployees, or  otherwise,  investigate  and  ascertain  such  value. 

Rule  9.    Applications  —  General    Matters    Applicable    to    All. — 1. 

Contents  of  Application.  All  formal  applications  must  be  by  petition 
in  writing,  signed  by  the  applicant  and  duly  verified.  The  petition  must 
set  forth  the  full  name  and  postoffice  address  of  the  applicant  and 
must  show  the  full  name  and  address  of  its  attorney,  if  any,  and  must 
contain  the  facts  on  which  the  application  is  based,  with  a  request  for 
the  order,  authorization,  permission  or  certificate  desired  and  a  reference 
to  the  particular  provision  of  law  requiring  or  providing  for  the  same. 
Three  copies  of  the  petition  shall  be  filed  with  the  original,  except  in  ap- 
plications covered  by  Rules  17,  18,  19  and  20,  in  which  cases  the  original 
petition  alone  need  be  filed. 

The  petition  must  contain  such  further  statements  as  may  be  required 
by  any  provision  of  law  or  of  these  rules  and  must  show  in  detail  com- 
pliance therewith. 


912  hillyer's  legal  manual. 

If  the  applicant  is  a  corporation,  there  must  be  annexed  to  the  petition 
a  certified  or  verified  copy  of  its  articles  of  incorporation  or  charter 
and  all  amendments  thereof,  except  in  applications  covered  by  Rules 
17,  18,  19  and  20.  If  maps  or  profiles  are  filed  with  the  petition,  they 
must  always  be  filed  in  triplicate  and  one  copy  thereof  shall  be  on  trac- 
ing linen. 

2.  Documents  Filed  With  Application.  Whenever  under  these  rules 
any  map,  profile,  certificate,  statement  or  other  document  is  required  to 
be  filed  with  a  petition  and  the  same  has  theretofore  been  filed  with  the 
Commission,  the  petition  may  state  the  fact  of  such  filing,  with  the  date 
and  the  proceedings  in  which,  or  occasion  on  which,  the  filing  was  made. 

3.  Procedure  of  Commission  on  Filing  Petition.  Upon  the  filing 
of  such  petition,  the  Commission  shall  examine  the  same  to  see  whether 
it  establishes  a  prima  facie  case  for  action  on  the  part  of  the  Com- 
mission and  conforms  to  these  rules.  If  the  petition  fails  in  either  of 
these  respects,  the  Commission  will  give  notice  of  the  defects  to  the 
applicant,  who  may  correct  the  same.  If  the  petition  be  found  to  state 
a  prima  facie  case  and  to  comply  with  the  rules,  the  Commission  may 
make  an  order  ex  parte  granting  the  application  or  will  appoint  a  time 
and  place  for  a  hearing  on  the  same,  provided  that  a  hearing  shall 
always  be  held  when  provided  for  in  the  Public  Utilities  Act. 

Rule  10.  Railroad  Crossings — Applications  for  Construction,  Alter- 
ation or  Abolition  of. — When  application  is  made  for  the  construction, 
alteration  or  abolition  of  crossings  (1)  of  public  roads,  highways  or 
streets  by  railroads,  or  (2)  of  railroads  by  public  roads,  highways  or 
streets,  or  (3)  of  railroads  by  railroads,  or  (4)  of  railroads  by  street 
railroads,  or  (5)  of  street  railroads  by  railroads,  or  (6)  of  public  roads 
or  highways  by  street  railroads,  or  (7)  of  street  railroads  by  public 
roads  or  highways,  under  the  provisions  of  section  43  of  the  Public 
Utilities  Act. 

1.  The  petition,  in  addition  to  the  requirements  of  Rule  9,  must  state : 
(a)   If  the  application  is  for  a  crossing  at  grade,  such  facts,  data 

and  estimates  of  cost  as  tend  to  show  that  it  is  not  reasonable  or  prac- 
ticable to  effect  a  separation  of  grades. 

(&)  Such  safety  device  or  other  protection,  if  any,  as  the  appli- 
cant may  believe  should  be  installed,  with  detailed  information  con- 
cerning the  same. 

2.  With  the  petition  shall  be  filed : 

{a)  Map  on  scale  of  not  less  than  200  feet  per  inch,  showing  ac- 
curately the  location  of  all  tracks,  buildings,  structures,  property 
lines,  streets  and  roads  in  the  vicinity  of  the  proposed  crossing. 

(&)  Profiles  showing  ground  lines  and  proposed  grade  lines  of  ap- 
proaches on  such  public  roads,  highways  or  streets,  railroads  or  street 
railroads  as  may  be  afiPected  by  the  proposed  crossing.  In  case  of  a 
contemplated  crossing  of  a  railroad  by  a  railroad,  the  profile  of  each 
railroad  shall  show  the  customary  information  for  not  less  than  one 
(1)  mile  on  each  side  of  the  proposed  crossing. 


RAILROAD  COMMISSION  RULES.  913 

Rule  11.     Safety  Devices  at  Railroad  Crossings — Applications  for. — 

Whenever  a  railroad  or  street  railroad  desires  to  protect  any  crossing 
which  it  may  have  at  grade  with  another  railroad  or  street  railroad, 
with  an  interlocking  or  other  safety  device,  it  may  make  application  to 
the  Commission  for  an  order  approving  such  device  and  directing  its 
construction  and  also  prescribing  the  division  of  the  cost  of  construc- 
tion, maintenance  and  operation  of  the  same. 

1.  The  petition,  in  addition  to  the  requirements  of  Rule  9,  must 
state : 

(a)  The  kind  of  device  proposed,  with  a  description  thereof  and 
an  estimate  of  the  cost  of  its  construction  and  operation. 

(&)  The  average  number  of  trains  of  each  class,  and  of  cars  in 
case  of  street  railroads,  operated  daily  over  the  crossing  by  each 
railroad  over  a  period  of  not  less  than  thirty  (30)  days. 

2.  ■  With  the  petition  shall  be  filed : 

(a)  Map  on  scale  of  not  less  than  100  feet  per  inch,  showing  the 
location  of  main  tracks,  the  length  and  location  of  all  switches,  sidings 
and  spur  tracks,  all  buildings  and  obstructions  to  the  view  in  the 
vicinity,  the  proposed  location  of  tower,  if  any,  and  the  proposed  loca- 
tion of  all  derails,  switches,  signals  and  detector  bars,  which  are 
proposed  to  be  operated  by  the  device. 

(6)  A  profile  of  each  railroad  or  street  railroad,  showing  the  cus- 
tomary information  for  not  less  than  one  (1)  mile  on  each  side  of  the 
crossing,  in  case  of  railroads,  and  not  less  than  1,000  feet  in  case 
of  street  railroads, 

(c)  Copies  of  such  contracts  or  agreements,  if  any,  as  may  have 
been  entered  into  relating  to  the  construction  or  protection  of  the 
crossing. 

Rule  12.  New  Construction  or  Extensions — Application  for. — When 
application  is  made  by  a  street  railroad  corporation,  gas  corporation, 
electrical  corporation,  telephone  corporation  or  water  corporation  for  a 
certificate  that  the  present  or  future  public  convenience  or  necessity  re- 
quire, or  will  require  a  proposed  new  construction  or  an  extension,  in 
the  cases  specified  in  section  50a  of  the  Public  Utilities  Act, 

1.  The  petition,  in  addition  to  the  requirements  of  Rule  9,  must 
state : 

(a)  The  proposed  location,  route  or  routes,  the  method  of  construc- 
tion, and  the  names  of  all  public  utility  corporations  or  persons  with 
whom  the  proposed  new  construction  or  extension  is  likely  to  compete. 

(h)  The  facts  showing  the  proposed  new  construction  or  exten- 
sion is  or  will  be  required  by  public  convenience  and  necessity. 

(c)  The  manner,  in  detail,  in  which  it  is  proposed  to  finance  the 
proposed  new  construction  or  extension. 

2.  With  the  petition  shall  be  filed : 

(a)  Map  to  suitable  scale,  showing  the  location  or  route  of  the 
proposed  new  construction   or  extension  with  its  relation  to.  other 
58 


914  hillyer's  legal  manual. 

public  utilities  with  which  the  same  is  likely  to  compete,  which  map 
sliall  contain  all  data  necessary  for  a  complete  understanding  of  the 
situation. 

(h)  When  the  consent,  franchise  or  permit  of  a  county,  city  and 
county,  municipal  or  other  public  authority  is  necessary,  a  certified 
copy  of  the  application  therefor  and  of  the  ordinance  or  other  docu- 
ment granting  such  consent,  franchise  or  permit.  If  it  is  impossible 
to  file  a  copy  of  the  application,  the  facts  rendering  such  filing  im- 
possible shall  he  stated. 

Rule  13.  Franchises  and  Permits — Applications  for  Permission  to 
Exercise. — When  application  is  made  by  a  street  railroad  corporation, 
gas  corporation,  electrical  corporation,  telephone  corporation  or  water 
corporation  for  a  certificate  that  public  convenience  and  necessity  re- 
quire the  exercise  of  a  right  or  privilege  under  a  franchise  or  permit, 
in  the  cases  specified  in  section  50&  of  the  Public  Utilities  Act, 

1.  The  petition,  in  addition  to  the  requirements  of  Rule  9,  must  state : 
(a)  The  financial  condition  of  the  applicant  as  defined  in  Rule 

1,6. 

(&)  The  facts  showing  the  proceedings  theretofore  taken  with 
reference  to  franchise  or  permit  for  which  permission  and  approval 
are  sought. 

(c)  If  the  application  is  for  permission  to  exercise  a  right  or 
privilege  under  any  franchise  or  permit  granted  prior  to  March  23, 
1912,  but  not  theretofore  exercised,  or  the  exercise  of  which  has 
been  suspended  for  more  than  one  year,  the  reason  why  such  right 
or  privilege  has  not  been  exercised  or  has  been  suspended. 

(d)  The  facts  showing  that  the  exercise  of  such  right  or  privilege 
under  such  franchise  or  permit  is  required  by  the  public  convenience 
and  necessity. 

2.  With  the  petition  shall  be  filed: 

(a)  A  certified  copy  of  the  written  application  to  the  proper 
county,  city  and  county,  municipal  or  other  public  authority  for  its 
consent,  franchise  or  permit  and  of  the  ordinance  or  other  document, 
if  any  has  been  secured,  granting  such  consent,  franchise  or  permit. 
If  it  is  impossible  to  file  a  copy  of  the  application,  the  facts  rendering 
such  filing  impossible  shall  be  stated. 

(6)  Map  to  suitable  scale,  showing  the  streets,  avenues  and  all 
other  places  and  property  in  or  upon  or  along  which  it  is  proposed 
to  exercise  such  franchise  or  permit. 

3.  If  a  public  utility  desires  to  exercise  a  right  or  privilege  under  a 
franchise  or  permit  which  it  contemplates  securing,  but  which  has  not 
as  yet  been  granted  to  it,  such  public  utility  may  apply  to  the  Commis- 
sion for  an  order  preliminary  to  the  issue  of  the  certificate.  The  Com- 
mission will,  in  its  discretion,  thereupon  make  an  order  declaring  that 
it  will  thereafter  upon  application  issue  the  desired  certificate,  upon 
such  terms  and  conditions  as  it  may  designate,  after  the  public  utility 


EAILROAD  COMMISSION  RULES.  915 

has  obtained  the  contemplated  franchise  or  permit.  Upon  the  presen- 
tation to  the  Commission  of  evidence  satisfactory  to  it  that  such  fran- 
chise or  permit  has  been  secured  by  such  public  utility,  the  Commission 
will  thereupon  issue  such  certificate. 

Rule  14.  Sale,  Lease,  Assignment,  Mortgage  or  Other  Disposition 
of  Property — Application  for. — When  application  is  made  by  a  railroad 
corporation,  street  railroad  corporation,  pipe-line  corporation,  gas  cor- 
poration, electrical  corporation,  telephone  corporation,  telegraph  cor- 
poration or  water  corporation  for  an  order  authorizing  the  sale,  lease, 
assignment,  mortgage  or  other  disposition  of  the  whole  or  any  part  of 
its  railroad,  street  railroad,  line,  plant  or  system,  necessary  or  useful 
in  the  performance  of  its  duties  to  the  public,  or  any  franchise  or  permit 
or  any  right  thereunder,  or  by  any  means  whatsoever,  direct  or  indirect, 
the  merger  or  consolidation  of  its  property,  franchises  or  permits  or  any 
part  thereof,  with  any  other  public  utility,  in  the  cases  specified  in  sec- 
tion 51a  of  the  Public  Utilities  Act, 

1.  The    petition  must    be  made  by  all    the  parties  to  the    proposed 

transaction,  and,  in  addition  to  the  requirements  of  Rule  9,  must  state: 

(a)   The  financial  condition  of  each  applicant,  as  defined  in  Rule 

1,  subd.  6. 

(&)  In  detail  the  reasons  upon  the  part  of  each  applicant  for  enter- 
ing into  the  proposed  sale,  lease,  assignment,  mortgage  or  other  dis- 
position of  such  property,  franchise  or  permit  and  all  the  facts  war- 
ranting the  same  and  showing  that  it  is  for  the  benefit  of  the  public 
service. 

2.  With  the  petition  shall  be  filed: 

{a)  A  copy  of  the  proposed  contract,  agreement,  lease  or  mort- 
gage, and  if  prior  agreements  have  been  made  between  the  parties 
relating  to  the  same  subject  matter,  copies  of  such  agreements  must 
be  filed  with  the  petition  or  referred  to  as  already  on  file  with  the 
Commission. 

Rule  15.  Acquisition  of  Part  or  All  of  Capital  Stock  of  Another) 
Utility — ^Applications  for. — When  application  is  made  by  any  public 
utility  for  authorization  to  purchase  or  acquire,  take  or  hold  any  part 
of  the  capital  stock  of  any  other  public  utility,  under  the  provisions 
of  section  51&  of  the  Public  Utilities  Act, 

1.  The  petition  must  be  made  by  the  public  utility  proposing  to  pur- 
chase, acquire,  take  or  hold  the  stock,  and  in  addition  to  the  require- 
ments rf  Rule  9,  must  state: 

(a)  The  financial  condition  of  the  applicant  and  of  the  corpora- 
tion whose  stock  is  sought  to  be  purchased,  acquired,  taken  or  held, 
as  defined  in  Rule  1,  subd.  6. 

(h)  The  reasons  why  the  applicant  desires  to  secure  the  stock,  and 
the  amount  of  the  stock  of  the  public  utility  affected  already  owned 
or  held  by  applicant,  if  any. 


916  HILLYER^S  LEGAL  MANUAL. 

(c)  Price  proposed  to  be  paid  for  the  stock,  the  terms  of  pay- 
ment with  the  market  value  thereof,  the  highest  and  lowest  price 
during  the  period  of  at  least  one  year  prior  to  the  application,  and 
dividends,  if  any,  paid  for  a  period  of  five  years. 

Rule  16.    Stocks,  Bonds,  Notes  and  Other  Evidences  of  Indebted- 
ness— Applications  for  Order  Authorizing  Issue  of. — When  application 
is  made  by   any  public  utility  for  an  order  authorizing  the  issue  of 
stock  or  stock  certificates,  or  bonds,  notes  or  other  evidences  of  indebted- 
ness payable  at  periods  of  not  more  than  twelve  months  after  the  date 
thereof,  under  the  provisions  of  section  52  of  the  Public  Utilities  Act. 
1.  The  petition,  in  addition  to  the  requirements  of  Rule  9,  shall  state: 
{a)   The  financial  condition  of  the  applicant  as  defined  in  Rule  1, 
subd.  6,  and  a  description  of  the  railroad,  street  railroad,  line,  plant  or 
system,  and  equipment  of  the  applicant,  with  its  original  cost,  where 
possible,  and  its  cost  to  the  applicant,  and  the  amount  of  its  stock 
held  by  other  corporations  and  their  names,  and  the  kind  of  stock 
held  by  each.     If  it  is  impossible  to  state  the  original  cost,  the  facts 
creating  such  impossibility  shall  be  stated. 

(&)  The  amount  and  kind  of  stock,  if  any,  which  the  public  utility 
desires  to  issue,  and,  if  preferred,  the  nature  and  extent  of  the  prefer- 
ence: the  amount  of  bonds,  notes  or  other  evidences  of  indebtedness, 
if  any,  which  the  public  utility  desires  to  issue,  with  terms,  rate  of 
interest,  and  whether  and  how  to  be  secured. 

(c)  The  use  to  which  the  capital  to  be  secured  by  the  issue  of  such 
stock  or  stock  certificates,  or  bonds,  notes  or  other  evidences  of  in- 
debtedness is  to  be  put,  with  a  definite  statement  of  how  much  is  to  be 
used  severally  for  the  acquisition  of  property,  the  construction,  com- 
pletion, extension  or  improvement  of  facilities,  the  improvement  of 
service,  the  maintenance  of  service,  the  discharge  or  refunding  of 
obligations,  and  the  reimbursement  of  moneys  actually  expended  from 
income  or  from  any  other  moneys  in  the  treasury,  as  provided  by 
section  52  of  the  Public  Utilities  Act. 

(d)  The  property  in  detail  which  is  to  be  acquired,  with  its  value, 
a  detailed  description  of  the  contemplated  construction,  completion, 
extension  or  improvement  of  facilities  set  forth  in  such  a  manner 
that  an  estimate  of  cost  may  be  made,  a  statement  of  the  character 
of  the  improvement  of  service  proposed,  and  of  the  reasons  why  the 
service  should  be  maintained  from  its  capital.  If  it  is  proposed  to 
discharge  or  refund  obligations  or  to  reimburse  moneys  actually  ex- 
pended, a  statement  of  the  nature  and  description  of  such  obligations 
and  expenditures,  including  the  par  value  of  the  obligations  and  the 
amount  for  which  they  were  actually  sold  and  the  application  of  the 
proceeds  and  of  the  moneys  expended,  showing  when,  to  whom  and  for 
what  paid  or  applied. 

(e)  Whether  any  contracts  have  been  made  for  the  acquisition 
of  such  property,  or  for  such  construction,  completion,  extension  or 
improvement  of  facilities,  or  for  the  reimbursement  of  expenditures, 


RAILROAD   COMMISSION  RULES.  917 

or  for  the  disposition  of  any  of  the  stock  or  stock  certificates,  or 
bonds,  notes  or  other  evidences  of  indebtedness  which  it  is  proposed 
to  issue  or  the  proceeds  thereof,  and  if  any  contracts  have  been  made, 
copies  thereof  shall  be  annexed  to  the  petition. 

if)  Whether  any  of  the  outstanding  stock  or  stock  certificates  or 
bonds,  notes  or  other  evidences  of  indebtedness  of  the  public  utility 
have  been  issued  or  used  in  capitalizing  the  right  to  be  a  corpora- 
tion, or  any  franchise  or  permit,  or  the  right  to  own,  operate,  or  enjoy 
any  such  franchise  or  permit,  or  any  contract  for  consolidation  or 
lease,  and,  if  so,  the  amount  thereof  and  the  franchise,  right,  con- 
tract or  lease  so  capitalized. 

(g)  If  the  stock  or  stock  certificates  are  to  be  issued  by  a  cor- 
poration formed  by  the  merger  or  consolidation  of  two  or  more  cor- 
porations, the  petition  shall  contain  a  complete  statement  of  the  finan- 
cial condition  of  the  corporations  so  to  be  merged  or  consolidated  of 
the  kind  required  by  subdivision  {a)  hereinbefore  set  forth,  and  of 
their  capital  stock  at  the  par  value  thereof. 

(h)   Such  other  facts  as  may  be  pertinent  to  the  application. 

2.  "With  the  petition  must  be  filed: 

(a)  A  certificate  or  proposed  certificate  of  proceedings  at  the  meet- 
ing of  directors  and  stockholders  authorizing  the  issue  of  the  desired 
securities  with  a  copy  of  the  mortgage,  if  any. 

(&)  A  certified  list  of  the  certificates  of  stock  already  outstanding, 
with  the  shares  of  stock  represented  by  each  certificate,  and  the 
amounts  paid  to  the  public  utility  on  each  certificate  as  originally 
issued,  either  in  money,  labor  or  property,  stating  the  amount  of 
each. 

(c)  Maps,  profiles,  plans  and  plats  of  proposed  property  and  con- 
struction showing — 

1.  In  the  case  of  railroads,  including  street  railroads,  all  infor- 
mation required  by  the  Commission's  General  Order  No.  14. 

2.  In  the  case  of  other  public  utilities,  such  certified  maps  and 
plans  as  will  indicate  to  the  Commission  the  property  to  be  acquired 
and  the  location,  extent  and  character  of  the  proposed  construction. 

(d)  Original  deeds  of  property  or  certified  copies  thereof  covered 
by  proposed  issue,  with  a  detailed  statement  of  its  actual  cost. 

(e)  Certified  copies  of  all  contracts  for  the  acquisition  of  proposed 
property  and  equipment  and  for  construction,  with  plans  and  specifica- 
tions of  such  buildings  and  structures  as  may  have  been  designed. 

(/)  Complete  inventory  of  all  property  and  equipment  proposed 
to  be  acquired,  prepared  upon  or  in  accordance  with  blank  forms  and 
specifications  prescribed  by  the  Commission,  and  a  statement  of  the 
cost  thereof. 

ig)  A  certified  statement  of  all  cash  bonuses  and  other  donations 
of  property  received,  if  any. 

3.  If  the  application  is  granted,  in  whole  or  in  part,  the  Commission's 
order  will : 


918  hillyer's  legal  manual. 

(a)  Prescribe  the  purposes  and  amounts  for  which  the  issue  au- 
thorized or  the  proceeds  thereof  may  be  used. 

(6)  Direct  the  applicant  to  report  under  oath  the  sale  or  sales  of 
the  securities  or  obligations  authorized,  the  terms  and  conditions  of 
sale  and  the  amounts  realized  therefrom. 

(c)  Require  the  applicant  to  make  a  verified  report  at  least  every 
six  months,  showing  in  detail  the  use  and  application  by  it  of  the 
moneys  so  realized  until  such  moneys  shall  have  been  fully  expended. 

(d)  Specify  such  condition  or  conditions  and  prescribe  such  terms 
as  the  Commission  may  deem  reasonable  and  necessary  to  the  exer- 
cise of  its  permission. 

Rule  17.  Increases  in  Charges — ^Applications  for  Permission  to 
Make. — When  application  is  made  by  any  public  utility  to  raise  any 
rate,  fare,  toll,  rental  or  charge  or  so  to  alter  any  classification,  con- 
tract, practice,  rule  or  regulation  as  to  result  in  an  increase  in  any 
rate,  fare,  toll,  rental  or  charge,  under  the  provisions  of  section  20  of 
article  12  of  the  Constitution  of  this  State  or  section  63a  of  the  Public 
Utilities  Act, 

1.  The  petition,  in  addition  to  the  requirements  of  Rule  9,  must  state : 
(a)   The  rates,  fares,  tolls,  rentals  or  charges  in  effect  and  the  in- 
creases which  it  is  desired  to  make.     These  allegations  may  be  made 
by  reference  to  schedules  accompanying  the  petition. 

(&)  The  reasons  for  the  increase,  to  be  stated  in  full,  so  that  the 
Commission  may  clearly  see  the  justification  therefor.         > 

2.  With  the  petition  must  be  filed: 

(a)  Such  schedules  or  data,  if  any,  as  the  Commission's  tariff  cir- 
culars or  other  applicable  orders  may,  from  time  to  time,  specify. 

3.  If  the  Commission  is  satisfied  with  the  showing  so  made,  it  may 
take  action  on  the  application  ex  parte;  otherwise  it  may  order  a  hear- 
ing and  give  notice  thereof  to  such  corporations  or  persons  as  it  may 
consider  necessary  or  desirable. 

Rule  18.  Long  and  Short  Haul:  Thirty  Day  Notice  Rule — ^Appli- 
cations for  Relief  from. — When  application  is  made  by  a  common  car- 
rier for  authorization  to  charge  less  for  a  longer  than  a  shorter  haul 
over  the  same  line  or  route  in  the  same  direction,  under  the  provisions 
of  section  21  of  article  12  of  the  Constitution  of  this  State  or  of  section 
24a  of  the  Public  Utilities  Act,  or  by  a  telegraph  or  telephone  corpora- 
tion for  authorization  to  charge  less  for  a  longer  than  for  a  shorter  dis- 
tance service  for  the  transmission  of  messages  or  conversation  over  the 
same  line  or  route  in  the  same  direction,  under  the  provisions  of  section 
24&  of  the  Public  Utilities  Act,  or  by  any  public  utility  to  change  a  rate, 
fare,  toll,  rental,  charge  or  classification,  or  a  rule,  regulation  or  con- 
tract relating  to  or  affecting  any  rate,  fare,  toll,  rental,  charge,  classifica- 
tion or  service,  in  cases  other  than  those  covered  by  Rule  17,  on  less 
than  thirty  days'  notice,  under  the  provisions  of  section  15&  of  the 
Public  Utilities  Act, 


RAILROAD  COMMISSION  RULES.  919 

1.  The  petition,  in  addition  to  the  requirements  of  Rule  9,  must 
state — 

(a)  Such  facts  in  connection  with  the  matter  and  the  reasons  for 
the  desired  relief  as  may  be  specified  from  time  to  time  in  the  Com- 
mission's tariff  circulars  or  other  applicable  orders  or  instructions. 

2.  With  the  petition  must  be  filed: 

(a)  Such  schedules  or  data,  if  any,  as  the  Commission's  tariff 
circulars  or  other  applicable  orders  or  instructions  may,  from  time 
to  time,  specify. 

3.  If  the  Commission  is  satisfied  with  the  showing  so  made,  it  may 
take  action  on  the  application  ex  parte;  otherwise  it  may  order  a  hearing 
and  give  notice  thereof  to  such  corporations  or  persons  as  it  may  con- 
sider necessary  or  desirable. 

Rule  19.  Excessive  or  Discriminatory  Charges — Applications  for 
Permission  to  Refund. — When  application  is  made  by  any  public 
utility  to  make  reparation  to  any  shipper  or  consumer  on  account  of  th6 
rates  charged  to  said  shipper  or  consumer  being  excessive  or  discrimina- 
tory, under  the  provisions  of  section  21  of  article  12  of  the  Constitu- 
tion of  this  State, 

1.  The  petition,  in  addition  to  the  requirements  of  Rule  19,  must 
state  : 

(a)  Such  facts  in  connection  with  the  matter  as  may  be  specified 
from  time  to  time  in  the  Commission's  tariff  circulars  or  other  ap- 
plicable orders  or  instructions. 

2.  With  the  petition  shall  be  filed: 

{a)  Such  admissions,  undertakings  or  statements  on  the  part  of 
the  applicant  as  the  Commission's  tariff'  circulars  or  other  applicable 
orders  or  instructions  may,  from  time  to  time,  specify. 

3.  If  the  Commission  is  satisfied  with  the  showing  so  made,  it  may 
take  action  on  the  application  ex  parte;  otherwise  it  may  order  a  hearing 
and  give  notice  thereof  to  such  corporations  or  persons  as  it  may  con- 
sider necessary  or  desirable. 

Rule  20.  Extensions  of  Time  to  File  Required  Reports,  Statements 
or  Data,  or  to  Comply  With  Commission's  Orders — ^Application  for. — 

Whenever  a  public  utility  has  been  required  by  the  Commission  to  file 
any  report,  statement  or  data  or  to  comply  with  any  other  order  of  the 
Commission  within  a  time  specified,  and  for  any  reason  is  unable  to  do 
so  within  the  time  specified,  it  must,  before  the  expiration  of  such  time, 
file  with  the  Commission  an  application  for  extension  of  time,  in  which 
event — 

1.  The  petition  shall  set  forth  in  detail: 

(a)  What,  if  any,  effort  has  been  made  by  the  applicant  to  pre- 
pare such  report,  statement  or  data  or  to  comply  with  such  order. 

(&)  Any  facts  tending  to  show  why  the  said  report,  statement  or 
data  cannot  be  filed  or  said  order  complied  with  within  the  time  pre- 
scribed. 


920  hillyer's  legal  manual. 

(c)  Any  other  facts  which  may  make  an  extension  of  time  necessary 
or  proper. 

(d)  The  further  period  of  time  deemed  necessary  by  the  applicant 
within  which  to  make  and  file  such  report,  statement  or  data  or  to 
comply  with  such  order. 

2.  The  Commission  may  direct  a  hearing  upon  said  petition  and  in 
that  event  the  applicant  shall  attend  before  the  Commission  or  the  com- 
missioner holding  the  hearing  and  produce  such  witnesses  and  docu- 
ments as  the  Commission  may  require. 

Rule  21.  Other  Applications. — All  applications  relating  to  matters 
over  which  the  Commission  has  jurisdiction,  and  which  are  not  gov- 
erned by  any  of  the  preceding  rules,  shall  be  made  by  petition,  setting 
forth  the  name  and  address  of  the  applicant  and  the  matter  with  refer- 
ence to  which  the  Commission's  order,  authorization  or  permission  is 
desired.  Thereupon  the  procedure  shall  be  such  as  the  Commission 
may  prescribe. 

Rule  22.  Deviations  from  Rules — ^Authorizations  for. — In  special 
cases,  for  good  cause  shown,  the  Commission  may  permit  deviations 
from  these  rules  in  so  far  as  it  may  find  compliance  therewith  to  be  im- 
possible or  impracticable. 

Rule  23.  Amendment  of  Rules. — The  rules  may  be  amended  at  any 
regular  session  of  the  Commission. 

Rule  24.  Forms  Prescribed  for  Use. — The  following  forms  may  be 
used  in  cases  to  which  they  are  applicable,  with  such  modifications  as 
the  circumstances  may  render  necessary: 

1.  Formal  Complaint. 

2.  Formal  Application. 

3.  Order  to  Satisfy  or  Answer  a  Complaint. 

4.  Answer. 

5.  Notice  of  Hearing  on  Complaint. 

6.  Published  Notice  of  Hearing  on  Application. 

No.  1. 
Form  of  Formal  Complaint. 

Before  the  Railroad  Commission  of  the  State  of  California. 
(Insert  name  of  complainant). 

Complainant, 
vs. 


(Insert  name  of  defendant). 

Defendant. 


I^No 

(To   be   inserted  by   the   secretary   of  the 
Commission.) 


COMPLAINT. 

The  complaint  of  (here  insert  full  name  of  complainant)  respectfully 
shows : 

(1)  That  (here  state  occupation  and  postoffice  address  of  complain- 
ant). 


RAILROAD  COMMISSION  FORMS.  921 

(2)  That  (here  insert  full  name,  occupation  and  postoffice  address  of 
defendant). 

(3)  That  (here  insert  fully,  clearly  and  with  reasonable  certainty  the 
act  or  thing  done  or  omitted  to  be  done  which  complainant  claims  con- 
stitutes a  cause  of  complaint,  with  reference,  where  practicable,  to  the 
law,  order  or  rule;  and  the  section  or  sections  thereof,  of  which  a  viola- 
tion is  claimed). 

'Wherefore,  complainant  asks  (here  state  specifically  the  relief  to 
which  complainant  believes  he  is  entitled). 

Dated  at ,  California,  this  ....  day  of ,  191 .... 

> 

•    •   ,  (Complainant's  name.) 

(Name  and  address  of 
attorney,    if   any.) 
State  of  California, 

County  of , — ss. 

(Insert  name  of  complainant  or  other  person  qualified  to  verify), 
being  first  duly  sworn,  deposes  and  says:  that  he  is  the  complainant  in 
the  action  entitled  as  above;  that  he  has  read  the  foregoing  complaint 
and  knows  the  contents  thereof;  and  that  the  same  is  true  of  his  own 
knowledge,  except  as  to  matters  which  are  therein  stated  on  information 
or  belief,  and  that  as  to  those  matters  he  believes  it  to  be  true. 


Subscribed    and    sworn  to    before    me,    this   ....    day  of 
191 ... . 


Notary   Public  in  and  for  the   County of ,  State   of 

California. 

No.  2. 

Form  of  Formal  Application. 
Before  the  Railroad  Commission  of  the  State  of  California. 
In  the  Matter  of  the  Application  of 
(here  insert  name  of  applicant) 
for  (here  insert  desired  order, 
authorization,  permission  or  cer- 
tificate, thus:  "order  authorizing 
issue  of  stocks  and  bonds"). 

APPLICATION. 

The  petition  of  (here  insert  name  of  applicant)  respectfully  shows: 

1.  That  (here  insert  principal  place  of  business  or  postoffice  address, 
character  of  business  and  territorial  extent  thereof,  of  applicant). 

2.  That  (here  insert  fully,  clearly  and  with  reasonable  certainty,  the 
facts  required  by  these  rules  and  any  additional  facts  which  the  appli- 


^No 

(To  be  inserted  by  the  secretary  of  the 
Commission.) 


922  hillyee's  legal  manual, 

cant  desires  to  state  to  show  the  relief  which  he  desires  and  the  facts  on 
which  it  is  based). 

Wherefore,  petitioner  aslfs  that  the  Railroad  Commission  of  the  State 
of  California  (here  state  specifically  the  action  which  the  applicant 
desires  the  Railroad  Commission  to  take). 

Dated  at ,  California,  this day  of ,191 

Verification. 


(Petitioner's  name.) 


(Name  and  address  of 
attorney,  if  any.) 


No.  3. 
Form  of  Order  to  Satisfy  or  Answer  a  Complaint. 

Before  the  Railroad  Commission  of  the  State  of  California. 


(Insert  name  of  complainant), 

Complainant, 

vs. 

^No 

(Insert  name  of  defendant), 

(To   be   insert 

Defendant.   . 

Oommission.) 


ORDER  TO  SATISFY  OR  ANSWER. 

To  (here  insert  name  and  address  of  defendant)  : 

You  are  hereby  notified  that  a  complaint  has  been  filed  in  the  action 
entitled  as  above  against  you  as  defendant,  and  you  are  hereby  ordered 
to  satisfy  the  matters  therein  complained  of  or  to  answer  said  complaint 
in  writing  within  ten  (10)  days  from  the  service  upon  you  of  this  order 
and  the  copy  of  said  complaint  which  is  hereunto  attached. 

By  order  of  the  Railroad  Commission. 

Dated    at    San    Francisco,    California,    this    ....    day  of    , 

191.... 


Secretary    Railroad    Commission 
of  the  State  of  California. 
(Railroad  Commission  Seal.) 


RAILROAD  COMMISSION  FORMS. 


923 


No.  4. 
Form  of  Answer  to  Formal  Complaint. 

Before  the  Railroad  Commission  of  the  State  of  California. 

(Insert  name  of  complainant), 

Complainant, 


(Insert  name  of  defendant), 

Defendant. 


No. 


(To  be  inserted  by  the  secretary  of  the 
Commission.) 


ANSWER. 

The  above-named  defendant,  for  answer  to  the  complaint  in  this  pro- 
ceeding, respectfully  states: 

1.  That  (here  follow  specific  denials  of  such  material  allegations  of  the 
complaint  as  are  controverted  by  the  defendant  and  also  a  statement 
of  any  new  matter  constituting  a  defense.  Continue  numbering  each 
succeeding  paragraph). 

Wherefore,  the  defendant  prays  that  the  complaint  be  dismissed  (or 
other  appropriate  prayer). 
(Verification.) 


(Name  of  defendant.) 
No.  5. 
Form  of  Notice  of  Hearing  on  Complaint. 

Before  the  Railroad  Commission  of  the  State  of  California. 

(Insert  name  of  complainant). 

Complainant, 


(Insert  name  of  defendant), 

Defendant. 


No. 


(To  be   inserted  by  the   secretary  of  the 
Commission.) 


NOTICE    OF    HEARING. 

To  (here  insert  names  of  all  parties) : 

You  and  each  of  you  are  hereby  notified  that  the  Railroad  Commis- 
sion of  the  State  of  California  has  set  the  above-entitled  case  for  hearing 

before  Commissioner on  (day  of  week),  the  (day  of  month) 

day  of  (name  of  month),  191 ,  at o'clock M.,  in  the  office 

of  the   Commission,  Room    ,   Commercial  Building,   San   Fran- 


924  hillyer's  legal  manual. 

Cisco,  California,  at  which  time  and  place  yon  will  be  given  an  oppor- 
tunity to  be  heard. 

By  order  of  the  Railroad  Commission. 

Dated  at    San    Francisco,    California,    this    ....    day  of    , 

191.... 


Secretary    Railroad    Commission 
of  the  State  of  California. 
(Railroad  Commission  Seal.) 

No.  6. 
Form  of  Published  Notice  of  Hearing  on  Application. 
Before  the  Railroad  Commission  of  the  State  of  California. 
In  the  Matter  of  the  Application  of^ 
(here    insert    name    of    applicant) 
for     (here     insert     desired     order, 
authorization,     permission     or     cer- 
tificate) . 


^No. 


(To   be  inserted  by  the  secretary   of  the 
Commission.) 


NOTICE  OF  HEARING. 

Notice  is  hereby  given  that  the  application  of  (name  of  applicant  in 
full)  for  the  (approval,  determination,  consent,  permission,  certificate 
or  authorization)  of  the  Railroad  Commission  of  the  State  of  California 
to  (here  state  nature  of  consent  asked)  will  be  heard  before  Commis- 
sioner     at    the  office  of  the    Commission    in  the    Commercial 

Building,  San  Francisco,  California,  on  (day  of  week),  the  (day  of 
month)  day  of  (name  of  month),  191.  . .  .,  at  ....  o'clock  . . .  .M. 

By  order  of  the  Railroad  Commission. 

Dated  at    San    Francisco,    California,    this    ....    dav  of    , 

191.... 


Secretary  Railroad  Commission 
of  the  State  of  California. 


THE  FEDERAL  FOOD  AND  DRUGS  ACTS. 

(June  30,  1906,  as  Amended  August  23,  1912.) 

Manufacture  of  Food  or  Drug  Which  is  Adulterated  or  Misbranded 
— Misdemeanor. — It  shall  be  unlawful  for  any  person  to  manufacture 
within  any  Territory  or  the  District  of  Columbia  any  article  of  food 
or  drug  which  is  adulterated  or  misbranded,  within  the  meaning  of  this 
act ;  and  any  person  who  shall  violate  any  of  the  provisions  of  this  sec- 
tion shall  be  guilty  of  a  misdemeanor,  and  for  each  offense  shall,  upon 
conviction  thereof,  be  fined  not  to  exceed  five  hundred  dollars  or  shall 


FEDERAL   PURE   FOOD   ACT.  925 

be  sentenced  to  one  year's  imprisonment,  or  both  such  fine  and  im- 
prisonment, in  the  discretion  of  the  court,  and  for  each  subsequent 
offense  and  conviction  thereof  shall  be  fined  not  less  than  one  thousand 
dollars  or  sentenced  to  one  year's  imprisonment,  or  both  such  fine 
and  imprisonment,  in  the  discretion  of  the  court. 

Sale,  Transportation,  etc. — Article  Intended  for  Export. — Sec.  2. 
That  the  introduction  into  any  State  or  Territory  or  the  District  of 
Columbia  from  any  other  State  or  Territory  or  the  District  of  Col- 
umbia, or  from  any  foreign  country,  or  shipment  to  any  foreign 
country  of  any  article  of  food  or  drugs  which  is  adulterated  or  mis- 
branded,  within  the  meaning  of  this  act,  is  hereby  prohibited;  and 
any  person  who  shall  ship  or  deliver  for  shipment  from  any  State  or 
Territory  or  the  District  of  Columbia  to  any  other  State  or  Territory 
or  the  District  of  Columbia,  or  to  a  foreign  country,  or  who  shall  re- 
ceive in  any  State  or  Territory  or  the  District  of  Columbia  from  any 
other  State  or  Territory  or  the  District  of  Columbia,  or  foreign 
country,  and  having  so  received,  shall  deliver,  in  original  unbroken 
packages,  for  pay  or  otherwise,  or  offer  to  deliver  to  any  other  person, 
any  such  article  so  adulterated  or  misbranded  within  the  meaning  of 
this  act,  or  any  person  who  shall  sell  or  offer  for  sale  in  the  District 
of  Columbia  or  the  Territories  of  the  United  States  any  such  adulter- 
ated or  misbranded  foods  or  drugs,  or  export  or  offer  to  export  the 
same  to  any  foreign  country,  shall  be  guilty  of  a  misdemeanor,  and 
for  such  offense  be  fined  not  exceeding  two  hundred  dollars  for  the 
first  offense,  and  upon  conviction  for  each  subsequent  offense  not  ex- 
ceeding three  hundred  dollars  or  be  imprisoned  not  exceeding  one 
year,  or  both,  in  the  discretion  of  the  court:  Provided,  that  no  article 
sliall  be  deemed  misbranded  or  adulterated  within  the  provisions  of 
this  act  when  intended  for  export  to  any  foreign  country  and  prepared 
or  packed  aecording  to  the  specifications  or  directions  of  the  foreign 
purchaser  when  no  substance  is  used  in  the  preparation  or  packing 
thereof  in  conflict  with  the  laws  of  the  foreign  country  to  which  said 
article  is  intended  to  be  shipped;  but  if  said  article  shall  be  in  fact 
sold  or  offered  for  sale  for  domestic  use  or  consumption,  then  this 
proviso  shall  not  exempt  said  article  from  the  operation  of  any  of  the 
other  provisions  of  this  act. 

.  Rules  and  Regulations. — Sec.  3.  That  the  Secretary  of  the  Treas- 
ury, the  Secretary  of  Agriculture,  and  the  Secretary  of  Commerce  and 
Labor  shall  make  uniform  rules  and  regulations  for  carrying  out  the 
provisions  of  this  act,  including  the  collection  and  examination  of 
specimens  of  goods  and  drugs  manufactured  or  offered  for  sale  in  the 
District  of  Columbia,  or  in  any  Territory  of  the  United  States,  or  which 
shall  be  offered  for  sale  in  unbroken  packages  in  any  State  other  than 
that  in  which  they  shall  have  been  respectively  manufactured  or  pro- 
duced, or  which  shall  be  received  frpm  any  foreign  country,  or  in- 
tended for  shipment  to  any  foreign  country,  or  which  may  be  sub- 
mitted for  examination  by  the  chief  health,  food,  or  drug  officer  of  any 


926  hillyer's  legal  manual. 

State,  Territory,  or  the  District  of  Columbia,  or  at  any  domestic  or 
foreign  port  through  which  such  product  is  offered  for  interstate  com- 
merce, or  for  export  or  import  between  the  United  States  and  any 
foreign  port  or  country. 

Exajninations  of  Foods  and  Drugs.— Sec.  4.  That  the  examinations 
of  specimens  of  foods  and  drugs  shall  be  made  in  the  Bureau  of 
Chemistry  of  the  Department  of  Agriculture,  or  under  the  direction 
and  supervision  of  such  Bureau,  for  the  purpose  of  determining  from 
such  examinations  whether  such  articles  are  adulterated  or  misbranded 
within  the  meaning  of  this  act;  and  if  it  shall  appear  from  any  such 
examination  that  any  of  such  specimens  is  adulterated  or  misbranded 
within  the  meaning  of  this  act,  the  Secretary  of  Agriculture  shall  cause 
notice  thereof  to  be  given  to  the  party  from  whom  such  sample  was 
obtained.  Any  party  so  notified  shall  be  given  an  opportunity  to  be 
heard  under  such  rules  and  regulations  as  may  be  prescribed  as 
aforesaid,  and  if  it  appears  that  any  of  the  provisions  of  this  act  have 
been  violated  by  such  party,  then  the  Secretary  of  Agriculture  shall  at 
once  certify  the  facts  to  the  proper  United  States  district  attorney, 
with  a  copy  of  the  results  of  the  analysis  or  the  examination  of  such 
article  duly  authenticated  by  the  analyst  or  officer  making  such  ex- 
amination, under  the  oath  of  such  officer.  After  judgment  of  the 
court,  notice  shall  be  given  by  publication  in  such  manner  as  may  be 
prescribed  by  the  rules  and  regulations  aforesaid. 

Duty  of  District  Attorney. — Sec.  5.  That  it  shall  be  the  duty  of 
each  district  attorney  to  whom  the  Secretary  of  Agriculture  shall  re- 
port any  violation  of  this  act,  or  to  whom  any  health  or  food  or  drug 
officer  or  agent  of  any  State,  Territory,  or  the  District  of  Columbia 
shall  present  satisfactory  evidence  of  any  such  violation,  to  cause  ap- 
propriate proceedings  to  be  commenced  and  prosecuted  in  the  proper 
courts  of  the  United  States,  without  delay,  for  the  enforcement  of  the 
penalties  as  in  such  case  herein  provided. 

"Drug"  and  ''Food"  Defined.— Sec.  6.  That  the  term  "drug,"  as 
used  in  this  act,  shall  include  all  medicines  and  preparations  recog- 
nized in  the  United  States  Pharmacopoeia  or  National  Formulary  for 
internal  or  external  use,  and  any  substance  or  mixture  of  substances 
intended  to  be  used  for  the  cure,  mitigation,  or  prevention  of  disease 
of  either  man  or  other  animals.  The  term  "food,"  as  used  herein, 
shall  include  all  articles  used  for  food,  drink,  confectionery,  or  condi- 
ment by  man  or  other  animals,  whether  simple,  mixed,  or  compound. 

What  Deemed  Adulterated. — Sec.  7.  That  for  the  purposes  of  this 
act  an  article  shall  be  deemed  to  be  adulterated: 

Drugs. — In  case  of  drugs: 

First.  If,  when  a  drug  is  sold  under  or  by  a  name  recognized  in  the 
United  States  Pharmacopoeia  or  National  Formulary,  it  differs  from 
the  standard  of  strength,  quality,  or  purity,  as  determined  by  the  test 
laid  down  in  the  United  States  Pharmacopoeia  or  National  Formulary 
official  at  the  time  of  investigation :  Provided^  that  no  drug  defined  in 


FEDERAL   PURE   FOOD   ACT.  927 

the  United  States  Pharmacopoeia  or  National  Formulary  shall  be 
deemed  to  be  adulterated  under  this  provision  if  the  standard  of 
strength,  quality,  or  purity  be  plainly  stated  upon  the  bottle,  box,  or 
other  container  thereof  although  the  standard  may  differ  from  that 
determined  by  the  test  laid  down  in  the  United  States  Pharmacopoeia 
or  National  Formulary. 

Second.  If  its  strength  or  purity  fall  below  the  professed  standard 
or  quality  under  which  it  is  sold. 

Confectionery. — In  the  case  of  confectionery : 

If  it  contain  terra  alba,  barytes,  talc,  chrome  yellow,  or  other  mineral 
substance  or  poisonous  color  or  flavor,  or  other  ingredient  deleterious 
or  detrimental  to  health,  or  any  vinous,  malt,  or  spirituous  liquor  or 
compound  or  narcotic  drug. 

Food. — In  the  case  of  food: 

First.  If  any  substance  has  been  mixed  and  packed  with  it  so  as  to 
reduce  or  lower  or  injuriously  affect  its  quality  or  strength. 

Second.  If  any  substance  has  been  substituted  wholly  or  in  part 
for  the  article. 

Third.  If  any  valuable  constituent  of  the  article  has  been  wholly 
or  in  part  abstracted. 

Fourth.  If  it  be  mixed,  colored,  powdered,  coated,  or  stained  in  a 
manner  whereby  damage  or  inferiority  is  concealed. 

Fifth.  If  it  contain  any  added  poisonous  or  other  added  deleterious 
ingredient  which  may  render  such  article  injurious  to  health:  Pro- 
vided, that  when  in  the  preparation  of  food  products  for  shipment  they 
are  preserved  by  any  external  application  applied  in  such  manner  that 
the  preservative  is  necessarily  removed  mechanically,  or  by  maceration 
in  water,  or  otherwise,  and  directions  for  the  removal  of  said  j)re- 
servative  shall  be  printed  on  the  covering  or  the  package,  the  provi- 
sions of  this  act  shall  be  construed  as  applying  only  when  said  products 
are  ready  for  consumption. 

Sixth.  If  it  consists  in  whole  or  in  part  of  a  filthy,  decomposed, 
or  putrid  animal  or  vegetable  substance,  or  any  portion  of  an  animal 
unfit  for  food,  whether  manufactured  or  not,  or  if  it  is  the  product  of 
a  diseased  animal,  or  one  that  has  died  otherwise  than  by  slaughter. 

What  Deemed  Misbrajided. — Sec.  8.  That  the  term  ''misbranded," 
as  used  herein,  shall  apply  to  all  drugs,  or  articles  of  food,  or  articles 
which  enter  into  the  composition  of  food,  the  package  or  label  of  which 
shall  bear  any  statement,  design,  or  device  regarding  such  article,  or 
the  ingredients  or  substances  contained  therein  which  shall  be  false 
or  misleading  in  any  particular,  and  to  any  food  or  drug  product  which 
is  falsely  branded  as  to  the  State,  Territory,  or  country  in  which  it  is 
manufactured  or  produced. 

That  for  the  purposes  of  this  act  an  article  shall  also  be  deemed  to 
be  misbranded: 

Drugs. — In  case  of  drugs: 

First.  If  it  be  an  imitation  of  or  offered  for  sale  under  the  name  of 
another  article. 


928  hillyer's  legal  manual. 

Second.  If  the  contents  of  the  package  as  originally  put  up  shall 
have  been  removed,  in  whole  or  in  part,  and  other  contents  shall  have 
been  placed  in  such  package,  or  if  the  package  fail  to  bear  a  statement 
on  the  label  of  the  quantity  or  proportion  of  any  alcohol,  morphine, 
opium,  cocaine,  heroin,  alpha  or  beta  eucaine,  chloroform,  cannabis 
indica,  chloral  hydrate,  or  aeetanilide,  or  any  derivative  or  preparation 
of  any  such   substances   contained  therein. 

Third.  If  its  package  or  label  shall  bear  or  contain  any  statement, 
design,  or  device  regarding  the  curative  or  therapeutic  effect  of  such 
article  or  any  of  the  ingredients  or  substances  contained  therein,  which 
is  false  and  fraudulent. 

Food. — In  the  case  of  food: 

First.  If  it  be  an  imitation  of  or  offered  for  sale  under  the  distinc- 
tive name  of  another  article. 

Second.  If  it  be  labeled  or  branded  so  as  to  deceive  or  mislead  the 
purchaser,  or  purport  to  be  a  foreign  product  when  not  so,  or  if  the 
contents  of  the  package  as  originally  put  up  shall  have  been  removed 
in  whole  or  in  part  and  other  contents  shall  have  been  placed  in  such 
package,  or  if  it  fail  to  bear  a  statement  on  the  label  of  the  quantity 
or  proportion  of  any  morphine,  opium,  cocaine,  heroin,  alpha  or  beta 
eucaine,  chloroform,  cannabis  indica,  chloral  hydrate,  or  aeetanilide, 
or  any  derivative  or  preparation  of  any  of  such  substances  contained 
therein. 

Third.  If  in  package  form,  the  quantity  of  the  contents  be  not 
plainly  and  conspicuously  marked  on  the  outside  of  the  package  in 
terms  of  weight,  measure,  or  numerical  count:  Provided,  however, 
that  reasonable  variations  shall  be  permitted,  and  tolerances  and  also 
exemptions  as  to  small  packages  shall  be  established  by  rules  and  regu- 
lations made  in  accordance  with  the  provisions  of  section  three  of  this 
act. 

Fourth.  If  the  package  containing  it  or  its  label  shall  bear  any 
statement,  design,  or  device  regarding  the  ingredients  or  the  sub- 
stances contained  therein,  which  statement,  design,  or  device  shall  be 
false  or  misleading  in  any  particular :  Provided,  that  an  article  of  food 
which  does  not  contain  any  added  poisonous  or  deleterious  ingredients 
shall  not  be  deemed  to  be  adulterated  or  misbranded  in  the  following 
cases: 

First.  In  the  case  of  mixtures  or  compounds  which  may  be  now 
or  from  time  to  time  hereafter  known  as  articles  of  food,  under  their 
own  distinctive  names,  and  not  an  imitation  of  or  offered  for  sale 
under  the  distinctive  name  of  another  article,  if  the  name  be  accom- 
panied on  the  same  label  or  brand  with  a  statement  of  the  place  where 
said  article  has  been  manufactured  or  produced. 

Second.  In  the  case  of  articles  labeled,  branded,  or  tagged  so  as  to 
plainly  indicate  that  they  are  compounds,  imitations,  or  blends,  and  the 
word  ''compound,"  "imitation,"  or  "blend,"  as  the  case  may  be,  is 
plainly  stated  on  the  package  in  which  it  is  offered  for  sale :  Provided, 


FEDERAL   PURE   FOOD   ACT.  929 

that  the  term  blend  as  used  herein  shall  be  construed  to  mean  a  mix- 
ture of  like  substances,  not  excluding  harmless  coloring  or  flavoring 
ingredients  used  for  the  purpose  of  coloring  and  flavoring  only :  And 
provided  further,  that  nothing  in  this  act  shall  be  construed  as  requir- 
ing or  compelling  proprietors  or  manufacturers  of  proprietary  foods 
which  contain  no  unwholesome  added  ingredient  to  disclose  their  trade 
formulas,  except  in  so  far  as  the  provisions  of  this  act  may  require  to 
secure  freedom  from  adulteration  or  misbranding. 

Guarajity. — Sec.  9.  That  no  dealer  shall  be  prosecuted  under  the 
provisions  of  this  act  w^hen  he  can  establish  a  guaranty  signed  by  the 
wholesaler,  jobber,  manufacturer,  or  other  party  residing  in  the  United 
States,  from  whom  he  purchases  such  articles,  to  the  effect  that  the 
same  is  not  adulterated  or  misbranded  within  the  meaning  of  this  act, 
designating  it.  Said  guaranty,  to  afford  protection,  shall  contain  the 
name  and  address  of  the  party  or  parties  making  the  sale  of  such 
articles  to  such  dealer,  and  in  such  case  said  party  or  parties  shall  be 
amenable  to  the  prosecutions,  fines  and  other  penalties  which  would 
attach,  in  due  course,  to  the  dealer  under  the  provisions  of  this  act. 

Condemnation. — Sec.  10.  That  any  article  of  food,  drug,  or  liquor 
that  is  adulterated  or  misbranded  within  the  meaning  of  this  act,  and 
is  being  transported  from  one  State,  Territory,  District,  or  insular  pos- 
session to  another  for  sale,  or,  having  been  transported,  remains  un- 
loaded, unsold,  or  in  original  unbroken  packages,  or  if  it  be  sold  or 
offered  for  sale  in  the  District  of  Columbia  or  the  Territories,  or  in- 
sular possessions  of  the  United  States,  or  if  it  be  imported  frrm  a  foreign 
country  for  sale,  or  if  it  is  intended  for  export  to  a  foreign  country, 
shall  be  liable  to  be  proceeded  against  in  any  district  court  of  the 
United  States  within  the  district  where  the  same  is  found,  and  seized 
for  confiscation  by  a  process  of  libel  for  condemnation.  And  if  such 
article  is  condemned  as  being  adulterated  or  misbranded,  or  of  a 
poisonous  or  deleterious  character,  within  the  meaning  of  this  act, 
the  same  shall  be  disposed  of  by  destruction  or  sale,  as  the  said  court 
may  direct,  and  the  proceeds  thereof,  if  sold,  less  the  legal  costs  and 
charges,  shall  be  paid  into  the  Treasury  of  the  United  States,  but  such 
goods  shall  not  be  sold  in  any  jurisdiction  contrary  to  the  provisions 
of  this  act  or  the  laws  of  that  jurisdiction:  Provided,  however,  that 
upon  the  payment  of  the  costs  of  such  libel  proceedings  and  the  exe- 
cution and  delivery  of  a  good  and  sufficient  bond  to  the  effect  that 
such  articles  shall  not  be  sold  or  otherwise  disposed  of  contrary  to  the 
provisions  of  this  act,  or  the  laws  of  any  State,  Territory,  District,  or 
insular  possession,  the  court  may  by  order  direct  that  such  articles 
be  delivered  to  the  owner  thereof.  The  proceedings  of  such  libel  cases 
shall  conform,  as  near  as  may  be,  to  the  proceedings  in  admiralty, 
except  that  either  party  may  demand  trial  by  jury  of  any  issue  of  fact 
joined  in  any  such  case,  and  all  such  proceedings  shall  be  at  the  suit 
of  and  in  the  name  of  the  United  States. 

o9 


930 

Examination  of  Samples  of  Imported  Goods  and  Proceedings  Against 
Such  Goods. — Sec.  11.  The  Secretary  of  the  Treasury  shall  deliver  to 
the  Secretary  of  Agriculture,  upon  his  request  from  time  to  time,  sam- 
ples of  foods  and  drugs  which  are  being  imported  into  the  United 
States  or  offered  for  import,  giving  notice  thereof  to  the  owner  or 
consignee,  who  may  appear  before  the  Secretary  of  Agriculture,  and 
have  the  right  to  introduce  testimony,  and  if  it  appear  from  the  ex- 
amination of  such  samples  that  any  article  of  food  or  drug  offered  to 
be  imported  into  the  United  States  is  adulterated  or  misbranded  within 
the  meaning  of  this  act,  or  is  otherwise  dangerous  to  the  health  of  the 
people  of  the  United  States,  or  is  of  a  kind  forbidden  entry  into,  or 
forbidden  to  be  sold  or  restricted  in  sale  in  the  country  in  which  it  is 
made  or  from  which  it  is  exported,  or  is  otherwise  falsely  labeled  in 
any  respect,  the  said  article  shall  be  refused  admission,  and  the  Secre- 
tary of  the  Treasury  shall  refuse  delivery  to  the  consignee  and  shall 
cause  the  destruction  of  any  goods  refused  delivery  which  shall  not 
be  exported  by  the  consignee  within  three  months  from  the  date  of 
notice  of  such  refusal  under  such  regulations  as  the  Secretary  of  the 
Treasury  may  prescribe:  Provided,  that  the  Secretary  of  the  Treasury 
may  deliver  to  the  consignee  such  goods  pending  examination  and  deci- 
sion in  the  matter  on  execution  of  a  penal  bond  for  the  amount  of  the 
full  invoice  value  of  such  goods,  together  with  the  duty  thereon;  and 
on  refusal  to  return  such  goods  for  any  cause  to  the  custody  of  the 
Secretary  of  the  Treasury,  when  demanded,  for  the  purpose  of  exclud- 
ing them  from  the  country,  or  for  any  other  purpose,  said  consignee 
shall  forfeit  the  full  amount  of  the  bond :  And  provided  further,  that 
all  charges  for  storage,  cartage,  and  labor  on  goods  which  are  refused 
admission  or  delivery  shall  be  paid  by  the  owner  or  consignee,  and  in 
default  of  such  payment  shall  constitute  a  lien  against  any  future  im- 
portation made  by  such  owner  or  consignee. 

"Territory"  and  '"Person"  Defined.— Sec.  12.  That  the  term 
** Territory"  as  used  in  this  act  shall  include  the  insular  possessions 
of  the  United  States.  The  word  "person"  as  used  in  this  act  shall  be 
construed  to  import  both  the  plural  and  the  singular,  as  the  case  de- 
mands, and  shall  include  corporations,  companies,  societies  and  asso- 
ciations. When  construing  and  enforcing  the  provisions  of  this  act, 
the  act,  omission,  or  failure  of  any  officer,  agent,  or  other  person  acting 
for  or  employed  by  any  corporation,  company,  society,  or  association, 
within  the  scope  of  his  employment  or  office,  shall  in  every  case  be  also 
deemed  to  be  the  act,  omission,  or  failure  of  such  corporation,  com- 
pany, society,  or  association  as  well  as  that  of  the  person. 

Act  in  Force. — Sec.  13.  That  this  act  shall  be  in  force  and  effect 
from  and  after  the  first  day  of  January,  nineteen  hundred  and  seven. 


FEDERAL   PURE  FOOD   REGULATIONS.  931 

RULES  AND  REGULATIONS  FOR  THE  ENFORCE- 
MENT OF  THE  FOOD  AND  DRUGS  ACT. 

GENERAL. 

Regulation  1.  Short  Title  of  the  Act. — The  act,  ''For  preventing 
the  manufacture,  sale  or  transportation  of  adulterated  or  misbranded 
or  poisonous  or  deleterious  foods,  drugs,  medicines,  and  liquors,  and 
for  regulating  traffic  therein,  and  for  other  purposes,"  approved  June 
30,  1906,  shall  be  known  and  referred  to  as  ''The  Food  and  Drugs 
Act,  June  30,  1906." 

Regulation  2.  Original  Unbroken  Package — The  term  "original 
unbroken  package"  as  used  in  this  act  is  the  original  package,  carton, 
case,  can,  box,  barrel,  bottle,  phial,  or  other  receptable  put  up  by  the 
manufacturer,  to  which  the  label  is  attached,  or  which  may  be  suit- 
able for  the  attachment  of  a  label,  making  one  complete  package  of 
the  food  or  drug  article.  The  original  package  contemplated  includes 
both  the  wholesale  and  the  retail  package. 

Regulation  3.  Collection  of  Samples. — Samples  of  unbroken  pack- 
ages shall  be  collected  only  by  authorized  agents  of  the  Department 
of  Agriculture,  or  by  the  health,  food,  or  drug  officer  of  any  State, 
Territory,  or  the  District  of  Columbia,  when  commissioned  by  the  Sec- 
retary of  Agriculture  for  this  purpose. 

Samples,  may  be  purchased  in  the  open  market,  and,  if  in  bulk,  the 
marks,  brands,  or  tags  upon  the  package,  carton,  container,  wrapper, 
or  accompanying  printed  or  written  matter  shall  be  noted.  The  col- 
lector shall  also  note  the  names  of  the  vendor  and  agent  through 
whom  the  sale  was  actually  made,  together  with  the  date  of  the  pur- 
chase.    The  collectors  shall  purchase  representative  samples. 

A  sample  taken  from  bulk  goods  shall  be  divided  into  three  parts, 
and  each  shall  be  labeled  with  the  identifying  marks. 

If  a  package  be  less  than  4  pounds,  or  in  volume  less  than  2  quarts, 
three  packages  shall  be  purchased,  when  practicable,  and  the  marks 
and  tags  upon  each  noted  as  above.  When  three  samples  are  pur- 
chased, one  sample  shall  be  delivered  to  the  Bureau  of  Chemistry  or 
to  such  chemist  or  examiner  as  may  be  designated  by  the  Secretary 
of  Agriculture;  the  second  and  third  samples  shall  be  held  under 
seal  by  the  Secretary  of  Agriculture,  who,  upon  request,  shall  deliver 
one  of  such  samples  to  the  party  from  whom  purchased  or  to  the 
party   guaranteeing  such  merchandise. 

When  it  is  impracticable  to  collect  three  samples,  or  to  divide  the 
sample  or  samples,  the  order  of  delivery  outlined  above  shall  obtain, 
and  in  case  there  is  a  second  sample  the  Secretary  of  Agriculture 
may,  at  his  discretion,  deliver  such  sample  to  parties  interested. 

AH  samples  shall  be  sealed  by  the  collector  with  a  seal  provided 
for  the  purpose. 

Regulation  4.  Methods  of  Analysis. — Unless  otherwise  directed  by 
the  Secretary  of  Agriculture,  the  methods  of  analysis  employed  shall 


932  hillyer's  legal  manual. 

be  those  prescribed  by  the  Association  of  Official  Agricultural  Chemists 
and  the  United  States  Pharmacopoeia. 

Regulation  5.  Hearings. — (a)  When  the  examination  or  analysis 
shows  that  samples  arc  adulterated  or  misbranded  within  the  meaning 
of  this  act  notice  of  that  fact  shall  be  given  in  every  case  to  the  party 
or  parties  against  whom  prosecution  lies  under  this  act  for  the  ship- 
ment or  manufacture  or  sale  of  the  particular  product  and  such  other 
interested  parties  as  the  Secretary  of  Agriculture  may  direct,  and  a 
date  shall  be  fixed  at  which  such  party  or  parties  may  be  heard  before 
the  Secretary  of  Agriculture  or  such  other  person  as  he  may  direct. 
The  hearings  shall  be  had  at  places  designated  by  the  Secretary  of 
Agriculture  most  convenient  for  all  parties  concerned.  These  hear- 
ings shall  be  private  and  confined  to  ciuestions  of  fact.  The  parties 
interested  therein  may  appear  in  person  or  by  attorney  and  may 
submit  oral  or  written  evidence  to  show  any  fault  or  error  in  the 
findings  of  the  analyst  or  examiner.  Interested  parties  may  present 
proper  interrogatories  to  analysts,  to  be  submitted  to  and  propounded 
by  the  Secretary  of  Agriculture  or  the  officer  conducting  the  hearing. 
Such  privilege,  however,  shall  not  include  the  right  of  cross-examina- 
tion. The  Secretary  of  Agriculture  may  order  a  re-examination  of 
the  sample  or  have  new  samples  drawn  for  further  examination. 

(&)  If,  after  hearings  held,  it  appears  that  a  violation  of  the  act  has 
been  committed,  the  Secretary  of  Agriculture  shall  give  notice  to  the 
proper  United  States  attorney. 

(c)  Any  health,  food,  or  drug  officer  or  agent  of  any  State,  Terri- 
tory, or  the  District  of  Columbia  who  shall  obtain  satisfactory  evi- 
dence of  any  violation  of  the  Food  and  Drugs  Act,  June  30,  1906,  as 
provided  by  section  5  thereof,  shall  first  submit  the  same  to  the  Sec- 
retary of  Agriculture  in  order  that  he  may  give  notice  and  fix  dates 
for  hearings  to  the  proper  parties. 

Regulation  6.  Publication. — (a)  When  a  judgment  of  the  court 
shall  have  been  rendered  there  may  be  a  publication  of  the  findings 
of  the  examiner  or  analyst,  together  with  the  findings  of  the  court. 

(&)  This  publication  may  be  made  in  the  form  of  circulars,  notices, 
or  bulletins,  as  the  Secretary  of  Agriculture  may  direct,  not  less  than 
thirty  days  after  judgment. 

(c)  If  an  appeal  be  taken  from  the  judgment  of  the  court  before 
such  publication,  notice  of  the  appeal  shall  accompany  the  publication. 

Regulation  7.  Standards  for  Drugs. — {a)  A  drug  bearing  a  name 
recognized  in  the  United  States  Pharmacopoeia  or  National  Formulary, 
without  any  further  statement  respecting  its  character,  shall  be  re- 
quired to  conform  in  strength,  quality,  and  purity  to  the  standards 
prescribed  or  indicated  for  a  drug  of  the  same  name  recognized  in 
the  United  States  Pharmacopoeia  or.  National  Formulary,  official  at  the 
time. 

(&)  A  drug  bearing  a  name  recognized  in  the  United  States  Pharma- 
copoeia or  National  Formulary,  and  branded  to  show  a  different  stand- 


FEDERAL   PURE   FOOD    REGULATIONS.  933 

ard  of  strength,  quality,  or  purity,  shall  not  be  regarded  as  adulterated 
if  it  conforms  to  its  declared  standard. 

Regfulation  8.  Formulas — Proprietary  Foods. — {a)  Manufacturers 
of  proprietary  foods  are  only  required  to  state  upon  the  label  the 
names  and  percentages  of  the  materials  used,  in  so  far  as  the  Secretary 
of  Agriculture  may  find  this  to  be  necessary  to  secure  freedom  from 
adulteration  and  misbranding. 

(h)  The  factories  in  which  proprietary  foods  are  made  shall  be  open 
at  all  reasonable  times  to  the  inspection  provided  for  in  Regulation  16. 

Regulation  9.  Form  of  Guaranty. — (a)  No  dealer  in  food  or  drug 
products  will  be  liable  to  prosecution  if  he  can  establish  that  the  goods 
were  sold  under  a  guaranty  by  the  wholesaler,  manufacturer,  jobber, 
dealer,  or  other  party  residing  in  the  United  States  from  whom  pur- 
chased. 

(&)  A  general  guaranty  may  be  filed  with  the  Secretary  of  Agricul- 
ture by  the  manufacturer  or  dealer  and  be  given  a  serial  number, 
which  number  shall  appear  on  each  and  every  package  of  goods  sold 
under  such  guaranty  with  the  words  ''Guaranteed  by  [insert  name  of 
guarantor]  under  the  food  and  drugs  act,  June  30,  1906." 

(c)   The  following  form  of  guaranty  is  suggested: 

I  (we)  the  undersigned  do  hereby  guarantee  that  the  articles  of 
foods  or  drugs  manufactured,  packed,  distributed,  or  sold  by  me  (us) 
[specifying  the  same  as  fully  as  possible]  are  not  adulterated  or  mis- 
branded  within  the  meaning  of  the  food  and  drugs  act,  June  30,  1906. 

(Signed  in  ink.) 


[Name  and  place   of  business   of  wholesaler,    dealer,    manufacturer,    jobber,    or    other    party.] 

(d)  If  the  guaranty  be  not  filed  with  the  Secretary  of  Agriculture 
as  above,  it  should  identify  and  be  attached  to  the  bill  of  sale,  invoice, 
bill  of  lading,  or  other  schedule  giving  the  names  and  quantities  of 
the  articles  sold. 

ADULTERATION. 

Regulation  10.  Confectionery. — (a)  Mineral  substances  of  all  kinds 
(except  as  provided  in  Regulation  15)  are  specifically  forbidden  in 
confectionery  whether  they  be  poisonous  or  not. 

(&)   Only  harmless  colors  or  flavors  shall  be  added  to  confectionery. 

(c)  The  term  ''narcotic  drugs"  includes  all  the  drugs  mentioned  in 
section  8,  food  and  drugs  act,  June  30,  1906,  relating  to  foods,  their 
derivatives  and  preparations,  and  all  other  drugs  of  a  narcotic  nature. 

Regulation  11.  Substances  Mixed  and  Packed  With  Foods. — No 
substance  may  be  mixed  or  packed  with  a  food  product  which  will  re- 
duce or  lower  its  quality  or  strength.  Not  excluded  under  this  pro- 
vision are  substances  properly  used  in  the  preparation  of  food  products 
for  clarification  or  refining,  and  eliminated  in  the  further  process  of 
manufacture. 

Regulation  12.  Coloring,  Powdering,  Coating,  and  Staining.— (<i) 
Only  harmless  colors  may  be  used  in  food  products. 


934  hillyer's  legal  manual. 

(6)  The  reduction  of  a  substance  to  a  powder  to  conceal  inferiority 
in  character  is  prohibited. 

(c)  The  term  ''powdered"  means  the  application  of  any  powdered 
substance  to  the  exterior  portion  of  articles  of  food,  or  the  reduction 
of  a  substance  to  a  powder. 

(d)  The  term  ''coated"  means  the  application  of  any  substance  to 
the  exterior  portion  of  a  food  product. 

(e)  The  term  "stain"  includes  any  change  produced  by  the  addition 
of  any  substance  to  the  exterior  portion  of  foods  which  in  any  way 
alters  their  natural  tint. 

Regrulation  13.  Natural  Poisonous  or  Deleterious  Ingredients. — 
Any  food  product  which  contains  naturally  a  poisonous  or  deleteri- 
ous ingredient  does  not  come  within  the  provisions  of  the  food  and 
drugs  act,  June  30,  1906,  except  when  the  presence  of  such  ingredient 
is  due  to  filth,  putrescence,  or  decomposition. 

Regulation  14.  External  Application  of  Preservatives. — (a)  Poison- 
ous or  deleterious  preservatives  shall  only  be  applied  externally,  and 
they  and  the  food  products  shall  be  of  a  character  which  shall  not 
permit  the  permeation  of  any  of  the  preservative  to  the  interior,  or 
any  portion  of  the  interior,  of  the  product. 

(6)  When  these  products  are  ready  for  consumption,  if  any  portion 
of  the  added  preservative  shall  have  penetrated  the  food  product, 
then  the  proviso  of  section  7,  paragraph  5,  under  "Foods,"  shall  not 
obtain,  and  such  food  products  shall  then  be  subject  to  the  regulations 
for  food  products  in  general. 

(c)  The  preservative  applied  must  be  of  such  a  character  that,  until 
removed,  the  food  products  are  inedible. 

Regulation  15.  Wholesomeness  of  Colors  and  Preservatives. — (a) 
Respecting  the  wholesomeness  of  colors,  preservatives,  and  other  sub- 
stances which  are  added  to  foods,  the  Secretary  of  Agriculture  shall 
determine  from  chemical  or  other  examination,  under  the  authority  of 
the  agricultural  appropriation  act.  Public  382,  approved  June  30,  1906, 
the  names  of  those  substances  which  are  permitted  or  inhibited  in  food 
products;  and  such  findings,  when  approved  by  the  Secretary  of  the 
Treasury  and  the  Secretary  of  Commerce  and  Labor,  shall  become  a 
part  of  these  regulations. 

(&)  The  Secretary  of  Agriculture  shall  determine  from  time  to  time, 
in  accordance  with  the  authority  conferred  by  the  agricultural  appro- 
priation act,  Public  382,  approved  June  30,  1906,  the  principles  which 
shall  guide  the  use  of  colors,  preservatives,  and  other  substances  added 
to  foods ;  and  when  concurred  in  by  the  Secretary  of  the  Treasury  and 
the  Secretary  of  Commerce  and  Labor,  the  principles  so  established 
shall  become  a  part  of  these  regulations. 

(c)  It  having  been  determined  that  benzoate  of  soda  mixed  with 
food  is  not  deleterious  or  poisonous  and  is  not  injurious  to  health,  no 
objection  will  be  raised  under  the  food  and  drugs  act  to  the  use  in 
food  of  benzoate  of  soda,  provided  that  each  container  or  package  of 


FEDERAL   PURE   FOOD   REGULATIONS.  935 

such  food  is  plainly  labeled  to  show  the  presence  and  amount  of 
benzoate  of  soda.  Food  Inspection  Decisions  76  and  89  are  amended 
accordingly. 

(d)  It  having  been  determined  that  saccharin  mixed  with  food  is  an 
added  poisonous  and  deleterious  iugredient  such  as  is  contemplated  by 
the  act,  and  also  that  the  substitution  of  saccharin  for  sugar  in  foods 
reduces  and  lowers  their  quality,  the  Secretary  of  Agriculture  will 
regard  as  adulterated  under  the  food  and  drugs  act  foods  containing 
saccharin  which,  on  or  after  April  1,  1912,  are  manufactured  or 
offered  for  sale  in  the  District  of  Columbia  or  Territories  or  shipped 
in  interstate  or  foreign  commerce,  or  offered  for  importation  into  the 
United  States.  (F.  I.  D.  135,  138,  and  142,  dated  April  26  and  June 
20,  1911,  and  March  1,  1912,  respectively.) 

Regulation  16.  Character  of  the  Raw  Materials. — (a)  The  Secretary 
of  Agriculture,  when  he  deems  it  necessary,  shall  examine  the  raw 
materials  used  in  the  manufacture  of  food  and  drug  products,  and  de- 
termine whether  any  filthy,  decomposed,  or  putrid  substance  is  used 
in  their  preparation. 

(h)  The  Secretary  of  Agriculture  shall  make  such  inspections  as 
often  as  he  may  deem  necessary. 

MISBRANDING. 

Regulation  17.  Label. —  (a)  The  term  "label"  applies  to  any 
printed,  pictorial  or  other  matter  upon  or  attached  to  any  package 
of  a  food  or  drug  product,  or  any  container  thereof  subject  to  the 
provisions  of  this  act. 

(&)  The  principal  label  shall  consist,  first,  of  all  information  which 
the  food  and  drugs  act,  June  30,  1906,  specifically  requires,  to  wit,  the 
name  of  the  place  of  manufacture  in  the  case  of  food  compounds  or 
mixtures  sold  under  a  distinctive  name;  statements  which  show  that 
the  articles  are  compounds,  mixtures,  or  blends;  the  words  '* com- 
pound,"  ''mixture,"  or  ''blend,"  and  words  designating  substances  or 
their  derivatives  and  proportions  required  to  be  named  in  the  case  of 
foods  and  drugs.  All  this  information  shall  appear  upon  the  principal 
label,  and  should  have  no  intervening  descriptive  or  explanatory  read- 
ing matter.  Second,  if  the  name  of  the  manufacturer  and  place  of 
manufacture  are  given,  they  should  also  appear  upon  the  principal 
label.  Third,  preferably  upon  the  principal  label,  in  conjunction  with 
the  name  of  the  substance,  such  phrases  as  "artificially  colored," 
"colored  with  sulphate  of  copper,"  or  any  other  such  descriptive 
phrases  necessary  to  be  announced  should  be  conspicuously  displayed. 
Fourth,  elsewhere  upon  the  principal  label  other  matter  may  appear 
in  the  discretion  of  the  manufacturer.  If  the  contents  are  stated  in 
terms  of  weight  or  measure,  such  statement  should  appear  upon  the 
principal  label  and  must  be  couched  in  plain  terms,  as  required  by 
Regulation   29. 

(c)  If  the  principal  label  is  in  a  foreign  language,  all  information 
required  by  law  and  such  other  information  as  indicated  above  in  (6) 


936  hillyer's  legal  manual. 

shall  appear  upon  it  in  English.  Besides  the  principal  label  in  the 
language  of  the  country  of  production,  there  may  be  also  one  or  more 
other  labels,  if  desired,  in  other  languages,  but  none  of  them  more 
prominent  than  the  principal  label,  and  these  other  labels  must  bear 
the  information  required  by  law,  but  not  necessarily  in  English.  The 
size  of  the  type  used  to  declare  the  information  required  by  the  act 
shall  not  be  smaller  than  8-point  (brevier)  capitals :  Provided,  That  in 
case  the  size  of  the  package  will  not  permit  the  use  of  8-point  type,  the 
size  of  the  type  may  be  reduced  proportionately. 

(d)  Descriptive  matter  upon  the  label  shall  be  free  from  any  state- 
ment, design,  or  device  regarding  the  article  or  the  ingredients  or  sub- 
stances contained  therein,  or  quality  thereof,  or  place  of  origin,  which 
is  false  or  misleading  in  any  particular.  The  term  ''design"  or  "de- 
vice" applies  to  pictorial  matter  of  every  description,  and  to  abbrevia- 
tions, characters,  or  signs  for  weights,  measures,  or  names  of  sub- 
stances, 

(e)  An  article  containing  more  than  one  food  product  or  active 
medicinal  agent  is  misbranded  if  named  after  a  single  constituent. 

In  the  case  of  drugs  the  nomenclature  employed  by  the  United  States 
Pharmacopoeia  and  the  National  Formulary  shall  obtain. 

(/)  The  use  of  any  false  or  misleading  statement,  design,  or  device 
appearing  on  any  part  of  the  label  shall  not  be  justified  by  any  state- 
ment given  as  the  opinion  of  an  expert  or  other  person,  nor  by  any 
descriptive  matter  explaining  the  use  of  the  false  or  misleading  state- 
ment, design,  or  device. 

Regulation  18.    Name    and    Address    of     Manufacturer. — (a)  The 

name  of  the  manufacturer  or  producer,  or  the  place  where  manu- 
factured, except  in  case  of  mixtures  and  compounds  having  a  dis- 
tinctive name,  need  not  be  given  upon  the  label,  but  if  given,  must 

be  the  true  name  and  the  true  place.     The  words  "packed  for ," 

"distributed  by ,"  or  some  equivalent  phrase,  shall  be  added  to 

the  label  in  case  the  name  which  appears  upon  the  label  is  not  that  of 
the  actual  manufacturer  or  producer,  or  the  name  of  the  place  not  the 
actual  place  of  manufacture  or  production. 

(&)  When  a  person,  firm,  or  corporation  actually  manufactures  or 
produces  an  article  of  food  or  drug  in  two  or  more  places,  the  actual 
place  of  manufacture  or  production  of  each  particular  package  need 
not  be  stated  on  the  label  except  when  in  the  opinion  of  the  Secretary 
of  Agriculture  the  mention  of  any  such  place,  to  the  exclusion  of  the 
others,  misleads  the  public. 

Regulation  19.  Character  of  Name. — (a)  A  simple  or  unmixed  food 
or  drug  product  not  bearing  a  distinctive  name  should  be  designated 
by  its  common  name  in  the  English  language ;  or  if  a  drug,  by  any 
name  recognized  in  the  United  States  Pharmacopoeia  or  National 
Formulary.  No  further  description  of  the  components  or  qualities  is 
required,  except  as  to  content  of  alcohol,  morphine,  etc. 


FEDERAL   PURE   FOOD    REGULATIONS.  937 

(&)  The  use  of  a  geographical  name  shall  not  be  permitted  in  con- 
nection with  a  food  or  drug  product  not  manufactured  or  produced 
in  that  place,  when  such  name  indicates  that  the  article  was  manufac- 
tured or  produced  in  that  place. 

(c)  The  use  of  a  geographical  name  in  connection  with  a  food  or 
drug  product  will  not  be  deemed  a  misbranding  when  by  reason  of 
long  usage  it  has  come  to  represent  a  generic  term  and  is  used  to  indi- 
cate a  style,  type,  or  brand;  but  in  all  such  cases  the  State  or  Terri- 
tory where  any  such  article  is  manufactured  or  produced  shall  be 
stated   upon   the   principal   label. 

(d)  A  foreign  name  which  is  recognized  as  distinctive  of  a  product 
of  a  foreign  country,  shall  not  be  used  upon  an  article  of  domestic 
origin  except  as  an  indication  of  the  type  or  style  of  quality  or  manu- 
facture, and  then  only  when  so  qualified  that  it  cannot  be  offered  for 
sale  under  the  name  of  a  foreign  article. 

Regulation  20.  Distinctive  Name. —  (a)  A  ''distinctive  name"  is  a 
trade,  arbitrary,  or  fancy  name  which  clearly  distinguishes  a  food 
product,  mixture,  or  com.pound  from  any  other  food  product,  mixture, 
or   compound. 

(h)  A  distinctive  name  shall  not  be  one  representing  any  single 
constituent  of  a  mixture  or  compound. 

(c)  A  distinctive  name  shall  not  misrepresent  any  property  or 
quality  of  a  mixture  or  compound. 

(d)  A  distinctive  name  shall  give  no  false  indication  of  origin,  char- 
acter, or  place  of  manufacture,  nor  lead  the  purchaser  to  suppose  that 
it  is  any  other  food  or  drug  product. 

Regulation  21.  Compounds,  Imitations,  or  Blends  Without  Distinc- 
tive Name. — (a)  The  term  "blend"  applies  to  a  mixture  of  like  sub- 
stances, not  excluding  harmless  coloring  or  flavoring  ingredients  used 
for  the  purpose  of  coloring  and  flavoring  only. 

(5)  If  any  age  is  stated,  it  shall  not  be  that  of  a  single  one  of 
its  constituents,  but  shall  be  the  average  of  all  constituents  in  their 
respective  proportions. 

(c)  Coloring  and  flavoring  cannot  be  used  for  increasing  the  weight 
or  bulk  of  a  blend. 

(d)  In  order  that  colors  or  flavors  may  not  increase  the  volume  or 
weight  of  a  blend,  they  are  not  to  be  used  in  quantities  exceeding  1 
pound  to  800  pounds  of  the  blend. 

(c)  A  color  or  flavor  cannot  be  employed  to  imitate  any  natural 
product  or  any  other  product  of  recognized  name  and  quality. 

(/)  The  term  "imitation"  applies  to  any  mixture  or  compound 
which  is  a  counterfeit  or  fraudulent  simulation  of  any  article  of  food 
or  drug. 

Regulation  22.  Articles  Without  a  Label. — It  is  prohibited  to  sell 
or  offer  for  sale  a  food  or  drug  product  bearing  no  label  upon  the 
package  or  no  descriptive  matter  whatever  connected  with  it,  either  by 
design,  device,  or  otherwise,  if  said  product  be  an  imitation  of  or 
offered  for  sale  under  the  name  of  another  article. 


938  hillyer's  legal  manual. 

Regulation  23.  Proper  Branding  not  a  Complete  Guaranty. — Pack- 
ages which  are  correctly  branded  as  to  character  of  contents,  place 
of  manufacture,  name  of  manufacturer,  or  otherwise,  may  be  adul- 
terated and  hence  not  entitled  to  enter  into  interstate  commerce. 

Regulation  24.  Incompleteness  of  Branding. — A  compound  shall  be 
deemed  misbranded  if  the  label  be  incomplete  as  to  the  names  of  the 
required  ingredients.  A  simple  product  does  not  require  any  further 
statement  than  the  name  or  distinctive  name  thereof,  except  as  pro- 
vided in  Regulations  19   (a)   and  28. 

Regulation  25.  Substitution. — (a)  When  a  substance  of  a  recog- 
nized quality  commonly  used  in  the  preparation  of  a  food  or  drug 
product  is  replaced  by  another  substance  not  injurious  or  deleterious 
to  health,  the  name  of  the  substituted  substance  shall  appear  upon  the 
label. 

(h)  When  any  substance  which  does  not  reduce,  lower,  or  injuri- 
ously affect  its  quality  or  strength,  is  added  to  a  food  or  drug  product, 
other  than  that  necessary  to  its  manufacture  or  refining,  the  label  shall 
bear  a  statement  to  that  effect. 

Regulation  26.  Waste  Materials. — When  an  article  is  made  up  of 
refuse  materials,  fragments,  or  trimmings,  the  use  of  the  name  of  the 
substance  from  which  they  are  derived,  unless  accompanied  by  a 
statement  to  that  effect,  shall  be  deemed  a  misbranding.  Packages  of 
such  materials  may  be  labeled  "pieces,"  ''stems,"  "trimmings,"  or 
with  some  similar  appellation. 

Regulation  27.  Mixtures  or  Compounds  With  Distinctive  Names. — 
(a)  The  terms  "mixtures"  and  "compounds"  are  interchangeable 
and  indicate  the  results  of  putting  together  two  or  more  food  products. 

(h)  These  mixtures  or  compounds  shall  not  be  imitations  of  other 
articles,  whether  simple,  mixed,  or  compound,  or  offered  for  sale  under 
the  name  of  other  articles.  They  shall  bear  a  distinctive  name  and 
the  name  of  the  place  where  the  mixture  or  compound  has  been  manu- 
factured or  produced. 

(c)  If  the  name  of  the  place  be  one  which  is  found  in  different 
States,  Territories,  or  countries,  the  name  of  the  State,  Territory,  or 
country,  as  well  as  the  name  of  the  place,  must  be  stated. 

Regulation  28.  Substances  Named  in  Drugs  or  Foods. — (a)  The 
term  "alcohol"  is  defined  to  mean  common  or  ethyl  alcohol.  No 
other  kind  of  alcohol  is  permissible  in  the  manufacture  of  drugs  ex- 
cept as  specified  in  the  United  States  Pharmacopoeia  or  National 
Formulary. 

(6)  The  words  alcohol,  morphine,  opium,  etc.,  and  the  quantities 
and  proportions  thereof,  shall  be  printed  in  letters  corresponding  in 
size  with  those  prescribed  in  Regulation  17,  paragraph  (c). 

(c)  A  drug,  or  food  product  except  in  respect  of  alcohol,  is  mis- 
branded  in  case  it  fails  to  bear  a  statement  on  the  label  of  the  quan- 
tity or  proportion  of  any  alcohol,  morphine,  opium,  heroin,  cocaine, 
alpha  or  beta  eucaine,  chloroform,  cannabis  indica,  chloral  hydrate, 


FEDERAL   PURE   FOOD   REGULATIONS.  939 

or  acetanilide,  or  any  derivative  or  preparation  of  any  such  substances 
contained  therein. 

(d)  A  statement  of  the  maximum  quantity  or  proportion  of  any 
such  substances  present  will  meet  the  requirements,  provided  the 
maximum  stated  does  not  vary  materially  from  the  average  quantity 
or  proportion. 

(e)  In  case  the  actual  quantity  or  proportion  is  stated  it  shall  be 
the  average  quantity  or  proportion  with  the  variations  noted  in 
Regulation  29. 

if)  The  following  are  the  principal  derivatives  and  preparations 
made  from  the  articles  which  are  required  to  be  named  upon  the  label: 

Alcohol,   Ethyl:    {Cologne   spirits,   Grain   alcoJiol,   Rectified   spirits, 
Spirits,  and  Spirits  of  wine.) 
Derivatives — 

Aldehyde,  Ether,  Ethyl  acetate,  Ethyl  nitrite,  and  Paraldehyde. 
Preparations  containing  alcohol — 
Bitters,    Brandies,   Cordials,   Elixirs,  Essences,   Fluid   extracts. 
Spirits,  Sirups,  Tinctures,  Tonics,  Whiskies,  and  Wines. 

Morphine,  Alkaloid: 
Derivatives — 

Apomorphine,    Dionine,    Peronine,    Morphine    acetate,  Hydro- 
chloride, Sulphate,  and  other  salts  of  morphine. 
Preparations  containing  morphine  or  derivatives  of  morphine — 
Bougies,  Catarrh  Snuff,  Chlorodyne,  Compound  powder  of  mor- 
phine. Crayons,  Elixirs,  Granules,  Pills,  Solutions,  Sirups,  Sup- 
positories, Tablets,  Triturates,  and  Troches. 

Opium,  Gum: 

Preparations  of  opium — 

Extracts,  Denarcotized  opium,  Granulated  opium,  and  Powdered 
opium,  Bougies,  Brown  mixture,  Carminative  mixtures, 
Crayons,  Dover's  powder.  Elixirs,  Liniments,  Ointments,  Pare- 
goric, Pills,  Plasters,  Sirups,  Suppositories,  Tablets,  Tinctures, 
Troches,  Vinegars,  and  Wines. 
Derivatives — 

Codeine,  Alkaloid,  Hydrochloride,  Phosphate,  Sulphate,  and  other 
salts  of  codeine. 
Preparations  containing  codeine  or  its  salts — 
Elixirs,  Pills,  Sirups,  and  Tablets. 

Cocaine,  Alkaloid: 
Derivatives — 

Cocaine  hydrochloride,  Oleate,  and  other  salts. 
Preparations  containing  cocaine  or  salts  of  cocaine — 
Coca  leaves,  Catarrh  powders.  Elixirs,  Extracts,  Infusion  of  coca. 
Ointments,  Pa^te  pencils.  Pills,  Solutions,  Sirups,  Tablets,  Tinc- 
tures, Troches,  and  Wines. 


940  hillyer's  legal  manual. 

Heroin  : 

Preparations  containing  heroin — 
Sirups,  Elixirs,  Pills,  and  Tablets. 

Alpha  and  Beta  Eucaine: 
Preparations — 

Mixtures,  Ointments,  Powders,  and  Solutions. 

Chloroform  : 

Preparations  containing  chloroform — 

Chloranodyne,   Elixirs,   Emulsions,   Liniments,  Mixtures,  Spirits 
and  Sirups. 

Cannabis  Indica: 

Preparations  of  cannabis  indica — 

Corn  remedies.  Extracts,  Mixtures,  Pills,  Powders,  Tablets,  and 
Tinctures. 

Chloral  Hydrate  {Chloral,  IT.  S.  Pharmacopoeia,  1890)  : 
Derivatives — 

Chloral     acetophenonoxim,     Chloral     alcoholat€,     Chloralamide, 
Chloralimide,  Chloral  orthoform,  Chloralose,  Dormiol,  Hypnal, 
and  Uraline. 
Preparations  containing  chloral  hydrate  or  its  derivatives — 

Chloral    camphorate.    Elixirs,    Liniments,    Mixtures,    Ointments, 
Suppositories,  Sirups,  and  Tablets.  , 

Acetanilide  {Antifehrine,  Phenylacetamide)  : 
Derivatives — 

Acetphenetidine,  Citrophen,  Diacetanilide,  Lactophenin,  Methoxy- 
acetanilide,  Methylacetanilide,  Para-Iodoacetanilide,  and  Phen- 
acetine. 
Preparations  containing  acetanilide  or  derivatives — 

Analgesics,  Antineuralgics,    Antirheumatics,  Cachets,   Capsules, 
Cold  remedies.  Elixirs,  Granular  effervescing  salts.  Headache 
powders.  Mixtures,  Pain  remedies,  Pills,  and  Tablets. 
{g)  In  declaring  the  quantity  or  proportion  of  any  of  the  specified 
substances  the  names  by  which  they  are  designated  in  the  act  shall  be 
used,  and  in  declaring  the  quantity  or  proportion  of  derivatives  of  any 
of  the  specified  substances,  in  addition  to  the  trade  name  of  the  deriv- 
ative, the  name  of  the  specified  substance  shall  also  be  stated,  so  as 
to  indicate  clearly  that  the  product  is  a  derivative  of  the  particular 
specified  substance. 

Regulation  29.  Statement  of  Weight  or  Measure. — (a)  A  state- 
ment of  the  weight  or  measure  of  the  food  contained  in  a  package  is 
not  required.  If  any  such  statement  is  printed,  it  shall  be  a  plain 
and  correct  statement  of  the  average  net  weight  or  volume,  either  on 
or  immediately  above  or  below  the  principal  label,  and  of  the  size  of 
letters  specified  in  Regulation  17. 


FEDERAL   PURE   FOOD  REGULATIONS.  941 

(h)  A  reasonable  variation  from  the  stated  weight  for  individual 
packages  is  permissible,  provided  this  variation  is  as  often  above  as 
below  the  weight  or  volume  stated.  This  variation  shall  be  deter- 
mined by  the  inspector  from  the  changes  in  the  humidity  of  the  at- 
mosphere, from  the  exposure  of  the  package  to  evaporation  or  to 
absorption  of  water,  and  the  reasonable  variations  which  attend  the 
filling  and  weighing  or  measuring  of  a  package. 

Regulation  30.  Method  of  Stating  Quantity  or  Proportion. — In 
the  case  of  alcohol  the  expression  ''quantity"  or  "proportion"  shall 
mean  the  average  percentage  by  volume  in  the  finished  product.  In 
the  case  of  the  other  ingredients  required  to  be  named  upon  the  label, 
the  expression  "quantity"  or  "proportion"  shall  mean  grains  or 
minims  per  ounce  or  fluid  ounce,  and  also,  if  desired,  the  metric  equiva- 
lents therefor,  or  milligrams  per  gram  or  per  cubic  centimeter,  or 
grams  or  cubic  centimeters  per  kilogram  or  per  liter;  provided  that 
these  articles  shall  not  be  deemed  misbranded  if  the  maximum  of 
quantity  or  proportion  be  stated,  as  required  in  Regulation  28  (d). 

EXPORTS  AND  IMPORTS  OF  FOODS  AND  DRUGS. 

Regulation  31.    Preparation   of   Food   Products   for  Export. — (a) 

Food  products  intended  for  export  may  contain  added  substances  not 
permitted  in  foods  intended  for  interstate  commerce,  when  the  addi- 
tion of  such  substances  does  not  conflict  with  the  laws  of  the  countries 
to  which  the  food  products  are  to  be  exported  and  when  such  sub- 
stances are  added  in  accordance  with  the  directions  of  the  foreign 
purchaser  or  his  agent. 

{h)  The  exporter  is  not  required  to  furnish  evidence  that  goods  have 
been  prepared  or  packed  in  compliance  with  the  laws  of  the  foreign 
country  to  which  said  goods  are  intended  to  be  shipped,  but  such 
shipment  is  made  at  his  own  risk. 

(c)  Food  products  for  export  under  this  regulation  shall  be  kept 
separate  and  labeled  to  indicate  that  they  are  for  export. 

(d)  If  the  products  are  not  exported  they  shall  not  be  allowed  to 
enter  interstate   commerce. 

Regulation  32.  Imported  Food  and  Drug  Products. — (a)  Meat  and 
meat  food  products  imported  into  the  United  States  shall  be  accom- 
panied by  a  certificate  of  official  inspection  of  a  character  to  satisfy 
the  Secretary  of  Agriculture  that  they  are  not  dangerous  to  health, 
and  each  package  of  such  articles  shall  bear  a  label  which  shall  identify 
it  as  covered  by  the  certificate,  which  certificate  shall  accompany  or 
be  attached  to  the  invoice  on  which  entry  is  made. 

(&)  The  certificate  shall  set  forth  the  official  position  of  the  inspector 
and  the  character  of  the  inspection. 

(c)  Meat  and  meat  food  products  as  well  as  all  other  food  and  drug 
products  of  a  kind  forbidden  entry  into  or  forbidden  to  be  sold,  or 
restricted  in  sale  in  the  country  in  which  made  or  from  which  ex- 
ported, will  be  refused  admission. 


942 

(d)  Meat  and  meat  food  products  which  have  been  inspected  and 
passed  through  the  customs  may,  if  identity  is  retained,  be  trans- 
ported in  interstate  commerce. 

Regulation  33.  Declaration. — (a)  All  invoices  of  food  or  drug 
products  shipped  to  the  United  States  shall  have  attached  to  them  a 
declaration  of  the  shipper,  made  before  a  United  States  consular  officer, 
as  follows: 

I,  the  undersigned,  do  solemnly  and  truly  declare  that  I  am  the 
of  the  merchandise  herein    mentioned  and  described, 

(Manufacturer,  agent  or  shipper.) 

and  that  it  consists  of  food  or  drug  products  which  contain  no  added 
substances  injurious  to  health. 

These  products  were  grown  in and  manufactured  in 

(Country.)  (Country.) 

by during    the    year   ,  and    are    exported  from 

(Name  of  manufacturer.) 

and  consigned  to  

(City.)  (City.) 

no 

The  products  bear  no  false  labels  or  marks,   contain     added  color- 
some 

ing  matter  or  preservative ,  and  are  not  of  a  character  to  cause 

(Name    of   added  color   or  preservative.) 

prohibition  or  restriction  in  the  country  where  made  or  from  which 
exported. 

Dated  at this dav  of ,  19 

(Signed) :  

(&)  In  the  case  of  importations  to  be  entered  at  New  York,  Boston, 
Philadelphia,  Chicago,  San  Francisco,  and  New  Orleans,  and  other 
ports  where  food  and  drug  inspection  laboratories  shall  be  established, 
this  declaration  shall  be  attached  to  the  invoice  on  which  entry  is  made. 
In  other  cases  the  declaration  shall  be  attached  to  the  copy  of  the 
invoice  sent  to  the  Bureau  of  Chemistry. 

Regulation  34.  Denaturing. — ^Unless  otherwise  declared  on  the  in- 
voice, all  substances  ordinarily  used  as  food  products  will  be  treated 
as  such.  Shipments  of  substances  ordinarily  used  as  food  products 
intended  for  technical  purposes  should  be  accompanied  by  a  declara- 
tion stating  that  fact.  Such  products  should  be  denatured  before 
entry,  but  denaturing  may  be  allowed  under  customs  supervision  with 
the  consent  of  the  Secretary  of  the  Treasury,  or  the  Secretary  of  the 
Treasury  may  release  such  products  without  denaturing,  under  such 
conditions  as  may  preclude  the  possibility  of  their  use  as  food 
products. 

Regulation  35.  Bond,  Imported  Foods  and  Drugs. — Unexamined 
packages  of  food  and  drug  products  may  be  delivered  to  the  consignee 
prior  to  the  completion  of  the  examination  to  determine  whether  the 
same  are  adulterated  or  misbranded  upon  the  execution  of  a  penal 
bond  by  the  consignee  in  the  sum  of  the  invoice  value  of  such  goods 
with  the  duty  added,  for  the  return  of  the  goods  to  customs  custody. 


GUARANTIES.  943 

Regulation  36.  Notification  of  Violation  of  the  Law. — If  the  sample 
on  analysis  or  examination  be  found  not  to  comply  with  the  law,  the 
importer  shall  be  notified  of  the  nature  of  the  violation,  the  time  and 
place  at  which  final  action  will  be  taken  upon  the  question  of  the  ex- 
clusion of  the  shipment,  and  that  he  may  be  present,  and  submit  evi- 
dence (Form  No.  5),  which  evidence,  with  a  sample  of  the  article, 
shall  be  forwarded  to  the  Bureau  of  Chemistry  at  Washington,  ac- 
companied by  the  appropriate  report  card. 

Regulation  37.  Appeal  to  the  Secretary  of  Agriculture  and  Re- 
muneration.— All  applications  for  relief  from  decisions  arising  under 
the  execution  of  the  law  should  be  add^:'essed  to  the  Secretary  of  Agri- 
culture, and  all  vouchers  or  accounts  for  remuneration  for  samples 
shall  be  filed  with  the  chief  of  the  inspection  laboratory,  who  shall 
forward  the  same,  with  his  recommendation,  to  the  Department  of 
Agriculture  for  action. 

Regulation  38.  Shipment  Beyond  the  Jurisdiction  of  the  United 
States. — The  time  allowed  the  importer  for  representations  regarding 
the  shipment  may  be  extended  at  his  request  to  permit  him  to  secure 
such  evidence  as  he  desires,  provided  that  this  extension  of  time  does 
not  entail  any  expense  to  the  Department  of  Agriculture.  If  at  the 
expiration  of  this  time,  in  view  of  the  data  secured  in  inspecting  the 
sample  and  such  evidence  as  may  have  been  submitted  by  the  manu- 
facturers or  importers,  it  appears  that  the  shipment  cannot  be  legally 
imported  into  the  United  States,  the  Secretary  of  Agriculture  shall 
request  the  Secretary  of  the  Treasury  to  refuse  to  deliver  the  ship- 
ment in  question  to  the  consignee,  and  to  require  its  reshipment  be- 
yond the  jurisdiction  of  the  United  States. 

Regulation  39.     [Revoked  June  13,  1913.] 

Regulation  40.  Alteration  and  Amendment  of  Regulations. — These 
regulations  may  be  altered  or  amended  at  any  time,  without  previous 
notice,  with  the  concurrence  of  the  Secretary  of  the  Treasury,  the 
Secretary  of  Agriculture,  and  the  Secretary  of  Commerce  and  Labor. 

GUARANTIES— THEIR  NATURE  AND  USE. 

Both  the  State  and  federal  foods  and  drugs  acts  contain  provisions 
enabling  every  dealer,  whether  wholesaler  or  retailer,  to  protect  him- 
self against  prosecution  for  the  sale  of  adulterated  or  mislabeled 
articles  which  have  been  produced,  manufactured,  or  packed  by  some- 
one else. 

By  the  simple  means  of  requiring  that  a  guaranty  be  given  with  all 
goods  purchased  (except  as  hereinafter  noted),  the  dealer  may  shift 
the  responsibility  to  the  person  from  whom  he  buys.  This,  however 
is  sometliing  that  the  dealer  must  do  ^'^r  himself,  and  he  must  investi- 
gate the  subject  of  guaranties  sufficiently  to  know  that  he  is  protected. 

It  is  believed  that  if  dealers  will  study  the  following  synopsis  of  the 
law  on  this  subject,  and  will  carefully  comply  with  the  suggestions 
therein  made,  they  will  have  no  difficulty  in  avoiding  prosecution  for 
any  adulteration  or  misbranding  done  by  anyone  except  themselves. 


944 

Guaranties,  under  the  California  Foods  and  Drugs  Acts,  are  of  two 
kinds,  general  and  specific. 

General  Guaranty. — 1.  The  general  guaranty  must  be  filed  with  the 
Secretary  of  Agriculture,  in  Washington,  D.  C.  It  must  refer  to  the 
California  law,  and  must  be  in  the  following  form : 

I  (we),  the  undersigned,  do  hereby  guarantee  that  the  articles  of 
foods,  liquors,  and  drugs  manufactured,  produced,  prepared,  com- 
pounded, packed,  distributed,  or  sold  by  me  (us)  (specifying  the  same 
as  fully  as  possible)  are  not  adulterated  or  misbranded  within  the 
meaning  of  the  Food  and  Drugs  Act,  June  30,  1906,  and  are  not  adul- 
terated, mislabeled,  or  misbranded,  within  the  meaning  of  the  Cali- 
fornia Pure  Foods  Act,  March  ll,  1907,  or  the  California  Pure  Drugs 
Act,  March  11,  1907. 

Dated, 

(Signed  in  ink.)      

(Name,  place  of  business 
and  address  of  the  guar- 
antor, and  the  statement 
as  to  whether  guarantor 
is  corporation  or  copart- 
nership.) 

The  general  guaranty  must  be  acknoAvledged  before  a  notary  pub- 
lic, and,  where  the  guarantor  is  a  corporation,  must  be  accompanied 
by  evidence  of  the  authority  of  the  person  executing  the  guaranty,  as 
agent  or  officer.  Unless  these  requirements  are  complied  with,  the 
guaranty  will  not  be  filed. 

The  general  guaranty  will  afford  protection  only  as  to  packages 
bearing  on  the  label  the  legend  "Guaranteed  by  (name  of  guarantor) 
under  the  Foods  and  Drugs  Act,  June  30,  1906,"  and  the  serial  num- 
ber given  b}^  the  Secretary  of  Agriculture. 

The  general  guaranty  is  worthless  unless  it  is  filed  with  the  Secre- 
tary of  Agriculture.  Given  by  the  guarantor  to  the  purchaser  it 
affords  no  protection,  for  the  reason  that  the  acts  make  no  provision 
for  the  prosecution  of  the  guarantor  in  such  a  case. 

Specific  Guaranty. — 2.  The  specific  guaranty  must  contain  the  name 
and  address  of  the  guarantor,  an  itemized  statement  of  the  articles 
purchased,  and  a  statement  that  they  are  not  misbranded,  mislabeled, 
or  adulterated  within  the  meaning  of  the  California  law.  It  must  be 
in  substantially  the  following  form: 

The  undersigned  hereby  guarantees  that  the  articles  of  (drugs, 
foods,  or  liquors,  as  the  case  may  be,  specifying  them),  this  day  sold 
to  (name  of  dealer)  and  mentioned  in  the  attached  invoice,  are  not 
adulterated,  misbranded,  or  mislabeled,  within  the  meaning  of  the 
California  Pure  Foods  (or  Drugs,  as  the  case  may  be)  Act,  March  11, 
1907. 

Dated, 


(Name,  place  of  business 
and  address  of  the  guar- 
antor, and  the  statement 
as  to  whether  guarantor 
is  corporation  or  copart- 
nership.) 


GUARANTIES.  945 

A  convenient  method  of  using  the  specific  guaranty,  which  has  been 
adopted  by  many  manufacturers  and  wholesalers,  is  to  print  or  stamp 
the  form  on  all  invoices,  and  sign  such  invoices  as  they  go  out. 
A  convenient  form  for  use  in  this  manner  is  the  following: 
The  articles  of  foods  (or  drugs,  as  the  case  may  be)  listed  in  this 
invoice  are  guaranteed  not  to  be  adulterated,  mislabeled,  or  mis- 
branded  within  the  meaning  of  the  California  Pure  Foods  (or  Drugs, 
as  the  case  may  be)  Act,  March  11^  1907. 


(Name  and  address  of  guar- 
antor with  statement  as 
to  whether  guarantor  is 
corporation,  partnership, 
or   individual.) 


Excepting  as  to  goods  covered  by  general  guaranty,  filed  in  Wash- 
ington and  bearing  label  with  the  legend  and  serial  number,  the 
dealer  will  not  be  protected  unless  he  has  a  specific  guaranty  as  above 
indicated,  containing  an  itemized  statement  of  the  articles  guaranteed. 
Proof. — Dealers  from  whom  adulterated  or  misbranded  goods  are 
taken  by  inspectors,  in  order  to  protect  themselves,  must  prove  that 
the  sample  was  guaranteed  as  required  by  the  act.  Such  proof  must 
be  submitted  to  the  State  Board  of  Health  at  the  hearing,  or  the  case 
will  be  referred  for  prosecution.  Where  the  guaranty  is  specific,  it 
should  be  submitted,  with  an  affidavit  that  the  sample  taken  is  one  of 
the  articles  mentioned  in  the  itemized  statement,  and  that  when  taken 
the  sample  was  in  exactly  the  same  condition  as  when  received  by  the 
dealer.  Where  the  guaranty  is  general,  a  copy  of  the  general  guar- 
anty on  file  with  the  Secretary  of  Agriculture,  duly  certified  by  him 
as  correct,  a  statement  under  oath  that  the  sample  when  taken  was  in 
exactly  the  same  condition  as  it  was  when  received  by  the  dealer,  and 
like  proof  of  the  time  and  place  of  purchase  and  the  name  and  address 
of  the  person  of  whom  the  article  was  purchased,  should  be  submitted. 

General  Guaranties,  Together  With  Specific  Guaranties. — It  has  been 
the  practice  of  many  wholesalers  to  furnish  their  customers  with  gen- 
eral guaranties,  together  with  an  agreement  to  the  effect  that  specific 
guaranties,  covering  any  particular  articles  purchased  from  the  guar- 
antor, will  be  furnished  upon  demand.  This  arrangement  contem- 
plates that  whenever  a  sample  of  goods  purchased  from  the  guarantor 
is  taken  up  by  an  inspector,  the  dealer  shall  state  the  name  of  the 
guarantor,  and  shall  at  once  demand  of  the  latter  a  specific  guaranty 
to  be  used  for  the  dealer's  protection  in  case  he  is  cited  to  appear  before 
the  State  Board  of  Health  for  any  violation  discovered  upon  examina- 
tion of  the  sample. 

The  Board  has  no  objection  to  this  plan,  but  such  an  arrangement,  if 
made,  is  at  the  dealer's  own  risk,  and  it  must  be  borne  in  mind  that  to 
afford  himself  any  protection,  the  dealer  must  produce  the  specific 
guaranty  at  the  hearing,  must  prove  that  the  article  described  therein 
is  th.e  identical  article  taken  as  a  sample,  and  that  the  sample  when 
taken  was  in  the  same  condition,  as  to  label  and  ingredients,  as  it  was 
60 


946  hillyer's  legal  manual. 

when  purchased  from  the  guarantor.     Under  these  circumstances,  the 
specific  guaranty  may  be  given  at  any.  time  before  the  hearing. 

Exception  as  to  Foods  and  Liquors.— Dealers  in  foods  and  liquors 
must  also  bear  in  mind  the  change  made  by  the  amendment  to  section 
22  of  the  Pure  Foods  Act,  adopted  in  1911.  Under  this  amendment 
(adopted  against  the  protest  of  this  department),  to  protect  himself 
the  dealer  must  prove  a  guaranty,  and  must  ''also  establish  by  satis- 
factory evidence  that  the  article  said  by  him  was  mislabeled  and  that 
at  the  time  of  making  such  sale  he  was  not  aware  of  that  fact." 


CALIFORNIA  PURE  FOODS  ACT. 

(Approved  March  11,  1907;  as  amended  1909  and  1911.) 

§  1.  Adulterated,  Mislabeled  or  Misbranded. — The  manufacture, 
production,  preparation,  compounding,  packing,  selling,  offering  for 
sale  or  keeping  for  sale  within  the  State  of  California,  or  the  intro- 
duction into  this  State  from  any  other  State,  Territory,  or  the  District 
of  Columbia,  or  from  any  foreign  country,  of  any  article  of  food  or 
liquor  which  is  adulterated,  mislabeled  or  misbranded  within  the  mean- 
ing of  this  act  is  hereby  prohibited.  Any  person,  firm,  company,  or 
corporation  who  shall  import  or  receive  from  any  other  State  or  Terri- 
tory or  the  District  of  Columbia  or  from  any  foreign  country,  or  who 
having  so  received  shall  deliver  for  pay  or  otherwise,  or  offer  to  deliver 
to  any  other  person,  any  article  of  food  or  liquor  adulterated,  mis- 
labeled or  misbranded  within  the  meaning  of  this  act,  or  any  person 
who  shall  manufacture  or  produce,  prepare  or  compound,  or  pack  or 
sell,  or  offer  for  sale,  or  keep  for  sale,  in  the  State  of  California  any 
such  adulterated,  mislabeled  or  misbranded  food,  or  liquor  shall  be 
guilty  of  a  misdemeanor;  provided,  that  no  article  of  food  shall  be 
deemed  adulterated,  mislabeled  or  misbranded  within  the  provisions 
of  this  act  when  prepared  for  export  beyond  the  jurisdiction  of  the 
United  States  and  prepared  or  packed  according  to  specifications  or 
directions  of  the  foreign  purchaser,  when  no  substance  is  used  in  the 
preparation  or  packing  thereof  in  conflict  with  the  laws  of  the  foreign 
country  to  which  said  article  is  intended  to  be  shipped;  but  if  such 
foods  shall  he  in  fact  sold,  or  kept  or  offered  for  sale  for  domestic 
uses  and  consumption,  then  this  proviso  shall  not  exempt  said  article 
from  the  operation  of  any  provisions  of  this  act. 

§  2.  Term  "Food." — The  term  ''food"  as  used  in  this  act  shall  in- 
clude all  articles  used  for  food,  drink,  liquor,  confectionery  or  condi- 
ment by  man  or  other  animals,  whether  simple,  mixed,  or  compound. 

§  3.  Standard  of  Purity. — The  standard  of  purity  of  food  and 
liquor  shall  be  that  proclaimed  by  the  Secretary  of  the  United  States 
Department  of  Agriculture. 

§  4.  Food,  When  Deemed  Adulterated. — Food  shall  be  deemed 
adulterated  w^ithin  the  meaning  of  this  act,  in  any  of  the  following 
cases : 


CALIFORNIA  PURE   FOOD  ACT.  947 

First.  If  any  substance  has  been  mixed  or  packed,  or  mixed  and 
packed  with  the  food  so  as  to  reduce  or  lower  or  injuriously  affect  its 
quality,  purity,  strength,  or  food  value. 

Second.  If  any  substance  has  been  substituted  wholly  or  in  part  for 
the  article  of  food. 

Third.  If  any  essential  or  any  valuable  constituent  or  ingredient 
of  the  article  of  food  has  been  wholly  or  in  part  abstracted. 

Fourth.  If  it  be  mixed,  colored,  powdered,  coated  or  stained  in  any 
manner  whereby  damage  or  inferiority  is  concealed. 

Fifth.  If  it  contain  any  added  poisonous  or  other  added  deleterious 
ingredient. 

Sixth.  If  it  consists  in  whole  or  in  part  of  a  filthy,  decomposed  or 
putrid  animal  or  vegetable  substance,  or  any  portion  of  an  animal  or 
vegetable  unfit  for  food,  whether  manufactured  or  not,  or  if  it  is  the 
product  of  a  diseased  animal,  or  one  that  has  died  otherwise  than  by 
slaughter ;  provided,  that  an  article  of  liquor  shall  not  be  deemed  adul- 
terated, mislabeled  or  misbranded  if.it  be  blended  or  mixed  with  like 
substances  so  as  not  to  injuriously  reduce  or  injuriously  lower  or  inju- 
riously affect  its  quality,  purity  or  strength. 

Seventh.  In  the  case  of  confectionery:  If  it  contains  terra  alba, 
barytes,  talc,  chrome  yellow,  or  other  mineral  substance  or  poisonous 
color  or  flavor,  or  other  ingredient  deleterious  or  detrimental  to  health, 
or  any  vinous,  malt,  or  spirituous  liquor  or  compound  or  narcotic  drug. 

Eighth.     In  the  case  of  vinegar:  If  it  be  artificially  colored. 

Ninth.  If  it  does  not  conform  to  the  standard  of  purity  therefor  as 
proclaimed  by  the  Secretary  of  the  United  States  Department  of  Agri- 
culture. 

§  5.  Term  "Misbranded." — That  the  term  "misbranded"  as  used 
herein  shall  apply  to  all  articles  of  food,  or  articles  which  enter  into 
the  composition  of  food,  the  package  or  label  of  which  shall  bear  any 
statement,  design  or  device  regarding  such  article,  or  the  ingredients 
or  substances  contained  therein  which  shall  be  false  or  misleading  in 
any  particular,  and  to  any  food  product  which  is  falsely  branded  as  to 
the  county,  city  and  county,  city,  town.  State,  territory,  District  of 
Colum  ia  or  foreign  country  in  which  it  is  manufactured,  or  produced. 

§  6.  Food  and  Liquor,  When  Deemed  Misbranded. — Food  and 
liquor  shall  be  deemed  mislabeled  or  misbranded  within  the  meaning 
of  this  act  in  any  of  the  following  cases : 

First.  If  it  be  an  imitation  of  or  offered  for  sale  under  the  distinc- 
tive name  of  another  article  of  food. 

Second.  If  it  be  labeled  or  branded  or  colored  so  as  to  deceive  or 
mislead,  or  tend  to  deceive  or  mislead  the  purchaser ;  or  if  it  be  falsely 
labeled  in  any  respect,  or  if  it  purport  to  be  a  foreign  product  tend  to 
mislead  the  purchaser,  or  purport  to  be  a  foreign  product  when  not  so, 
or  if  the  contents  of  the  package  as  originally  put  up  shall  have  been 
removed  in  whole  or  in  part  and  other  contents  shall  have  been  placed 
in  such  package. 


948 

Third.  If  in  package  form,  and  the  contents  are  stated  in  terms  of 
weight  or  measure,  they  are  not  plainly  and  correctly  stated  on  the 
outside  of  the  package. 

Fourth.  If  the  package  containing  it  or  its  label  shall  bear  any 
statement,  design  or  device  regarding  the  ingredients  or  the  substance 
contained  therein,  which  statement,  design,  or  device  shall  be  false  or 
misleading  in  any  particular. 

Fifth.  When  any  package  bears  the  name  of  the  manufacturers, 
jobbers  or  sellers,  or  the  grade  or  class  of  the  product,  it  must  bear 
the  name  of  the  real  manufacturers,  jobbers  or  sellers  and  the  true 
grade  or  class  of  the  product,  the  same  to  be  expressed  in  clear  and 
distinct  English  words  in  legible  type;  provided,  that  an  article  of 
food  shall  not  be  deemed  misbranded,  if  it  be  a  well-known  food  prod- 
uct of  a  nature,  quality  and  appearance,  and  so  exposed  to  public  in- 
spection as  not  to  deceive  or  mislead  nor  tend  to  deceive  or  mislead  a 
purchaser,  and  not  misbranded  and  not  of  the  character  included 
within  the  definitions  one  to  four  of  this  section. 

Sixth.  If,  having  no  label,  it  is  an  imitation  or  adulteration,  or  is 
sold  or  offered  for  sale  under  a  name,  designation,  description  or 
representation  which  is  false  or  misleading  in  any  particular  whatever; 
and  in  case  of  eggs  and  poultry :  if  they  have  been  kept  or  packed  in 
cold  storage,  or  otherwise  preserved,  they  must  be  so  indicated  by 
written  or  printed  label  or  placard  plainly  designating  such  fact  when 
offered  or  exposed  for  sale. 

§  7.  Package. — The  term  "package"  as  used  in  this  act  shall  be 
construed  to  include  any  phial,  bottle,  jar,  demijohn,  carton,  bag,  case, 
can,  box  or  barrel  or  any  receptacle,  vessel  or  container  of  whatsoever 
material  or  nature  which  may  be  used  by  a  manufacturer,  producer, 
jobber,  packer  or  dealer,  for  inclosing  any  article  of  food. 

§  8.  Possession. — The  possession  of  any  adulterated,  mislabeled  or 
misbranded  article  of  food  or  liquor  by  any  manufacturer,  producer, 
jobber,  packer,  or  dealer  in  food,  or  broker,  commission  merchant, 
agent,  employee  or  servant  of  any  such  manufacturer,  producer,  job- 
ber, packer,  or  dealer,  shall  be  prima,  facie  evidence  of  the  violation 
of  this  act. 

§  9.  State  Laboratory. — For  the  purposes  of  this  act  there  is  hereby 
established  a  state  laboratory  for  the  analysis  and  examination  of 
foods  and  drugs,  which  shall  be  under  the  supervision  of  the  State 
Board  of  Health,  which  laboratory  shall  be  located  at  such  place  as 
the  State  Board  of  Health  may  select. 

Director. — The  State  Board  of  Health  shall  appoint  a  director  of 
said  laboratory,  and  an  assistant  to  such  director,  both  of  whom  shall 
be  skilled  pharmaceutical  chemists  and  analysts  of  foods  and  drugs. 
Said  director  shall  perform  all  duties  required  by  this  act  and  which 
shall  be  required  by  the  State  Board  of  Health.  The  assistant  shall  be 
under  the  supervision  of  the  director,  and  shall  perform  all  duties 
required  of  him  by  the  director  and  by  the  State  Board  of  Health. 

Salaries. — The  director  shall  receive  an  annual  salary  of  $3,000, 
and  the  assistant  shall  receive  an  annual  salary  of  $1,500.     All  such 


CALIFORNIA   PURE   FOOD   ACT.  949 

salaries  shall  be  paid  in  the  same  manner  and  at  the  same  time  as  the 
salaries  of  State  officers. 

Compensation. — The  State  Board  of  Health,  out  of  the  appropria- 
tion hereinafter  provided,  and  out  of  the  funds  derived  from  the  opera- 
tion of  this  act,  may  employ  and  fix  the  compensation  of  other  and 
additional  clerical  and  professional  assistants. 

§  10.  Analyses.— The  State  Board  of  Health  or  its  secretary,  shall 
cause  to  be  made  by  the  said  director  of  the  State  Laboratory,  exam- 
inations and  analyses  of  food  and  liquor  on  sale  in  California,  sus- 
pected of  being  adulterated,  mislabeled  or  misbranded  at  such  times 
and  places  and  to  such  extent  as  said  board  or  its  secretary  may 
determine,  and  may  appoint  such  agent  or  agents,  as  it  may  deem 
necessary,  and  the  sheriffs  of  the  respective  counties  of  the  State  are 
hereby  appointed  and  constituted  agents  for  the  enforcement  of  this 
act,  and  any  agent  or  sheriff  shall  have  free  access,  at  all  reasonable 
hours,  for  the  purpose  of  examining  any  place  where  it  is  suspected 
that  any  article  of  adulterated,  mislabeled  or  misbranded  foods  exist, 
and  such  agent  or  sheriff  upon  tendering  the  market  price  of  said 
articles,  if  a  sale  be  refused,  may  take,  from  any  person,  firm  or  cor- 
poration samples  of  any  articles  suspected  of  being  adulterated,  mis- 
labeled or  misbranded,  and  shall  deliver  or  forward  such  samples  to 
the  said  director  of  the  State  Laboratory  for  examination  and  analysis. 

§  11.  Report  to  District  Attorney.— It  shall  be  the  duty  of  the 
State  Board  of  Health  whenever  it  has  satisfactory  evidence  of  the 
violation  of  any  of  the  provisions  of  this  act  respecting  the  adultera- 
tion or  misbranding  of  foods  to  report  such  facts  to  the  district  attor- 
ney of  the  county  where  the  law  is  violated,  after  the  hearing  pro- 
vided in  section  16  of  this  act. 

§  12.  Concealing  Evidence. — It  shall  be  a  misdemeanor  for  any 
person  to  refuse  to  sell  to  any  sheriff  or  other  agent  of  the  State  Board 
of  Health,  any  sample  of  food  or  liquor  upon  tender  of  the  market 
price  therefor,  or  to  conceal  any  such  food  from  such  officer,  or  to 
withhold  from  him  information  where  such  food  is  kept  or  stored. 
Any  such  person  so  refusing  to  sell,  or  concealing  such  food,  or  with- 
holding such  information  from  said  officer  shall,  upon  conviction,  be 
punished  as  provided  in  section  19  of  the  Penal  Code  of  the  State  of 
California. 

§  13.  Report  to  Secretary  of  State  Board  of  Health. — Whenever 
said  director  shall  find  from  his  examination  and  analysis  that  adulter- 
ated, mislabeled  or  misbranded  food  has  been  on  sale  in  this  State, 
he  shall  forthwith  report  to  the  Secretary  of  the  State  Board  of  Health. 

§  14.  CertiJ&cate. — Every  certificate  signed  by  the  said  director  of 
the  State  Laboratory  shall  be  prima  facie  evidence  of  the  facts  therein 
stated. 

§  15.  Annual  Report. — The  said  director  of  the  State  Laboratory 
shall  make  an  annual  report  to  the  State  Board  of  Health,  on  or  before 
August  1st  of  each  year,  upon  adulterated  or  misbranded  foods  and 


950  hillyer's  legal  manual. 

liquors,  in  which  report  shall  be  included  the  list  of  cases  examined 
by  him  in  which  adulterants  were  found,  and  the  list  of  articles  found, 
mislabeled  or  misbranded,  and  the  names  of  the  manufacturers,  pro- 
ducers, jobbers  and  sellers.  Said  report,  or  any  part  thereof,  may,  in 
the  discretion  of  the  State  Board  of  Health,  be  included  in  the  report 
which  the  State  Board  of  Health  is  already  authorized  by  law  to  make 
to  the  Governor.  The  State  Board  of  Health  may,  in  its  discretion, 
publish  any  part  of  said  report  in  any  issue  of  its  monthly  bulletin. 

§  16.  Hearing. — When  an  examination  or  analysis  of  the  director 
of  the  State  Laboratory  shows  that  any  of  the  provisions  of  this  act 
have  been  violated,  notice  of  that  fact  together  with  a  copy  of  the 
certificate  of  the  findings,  shall  be  furnished  to  the  party  or  parties 
from  whom  the  sample  was  obtained  or  who  executed  the  guaranty  as 
provided  in  this  act,  and  a  date  shall  be  fixed  by  the  secretary  of  the 
State  Board  of  Health  at  which  said  party  or  parties  may  be  heard 
before  the  State  Board  of  Health  or  before  any  two  members  thereof 
and  the  secretary.  The  hearing  shall  be  held  in  the  city  of  Sacra- 
mento, and  at  least  fifteen  days'  notice  thereof  shall  be  first  served 
upon  the  party  complained  of.  These  hearings  shall  be  private  and 
confined  to  questions  of  fact.  Parties  interested  therein  may  appear 
in  person  or  by  attorney  and  may  propound  interrogatories  and  sub- 
mit oral  or  written  evidence  to  show  any  fault  or  error  in  the  findings 
made  by  the  director  of  the  State  Laboratory.  If  the  examination  or 
analysis  be  found  correct,  or  if  the  party  or  parties  fail  to  appear  at 
such  hearing  after  notice  duly  served  as  provided  herein,  the  secretary 
of  the  State  Board  of  Health  shall  forthwith  transmit  a  certificate  of 
the  facts  so  found  to  the  district  attornej^  of  the  county  in  which  said 
adulterated,  mislabeled  or  misbranded  food  was  found.  No  publica- 
tion as  in  this  act  provided  shall  be  made  until  after  said  hearing  is 
concluded. 

§  17.  Sample  of  Adulterated,  Mislabeled  or  Misbranded  Food. — It 
is  hereby  made  the  duty  of  the  sheriff  of  any  county  of  this  State,  on 
presentation  to  him  of  a  verified  complaint  of  the  violation  of  any 
provisions  of  this  act,  at  once  to  obtain  by  purchase  a  sample  of  the 
adulterated,  mislabeled  or  misbranded  food  complained  of,  and  divide 
said  article  into  three  parts,  and  each  part  shall  be  sealed  by  the  sheriff 
with  a  seal  provided  for  that  purpose.  If  the  package  be  less  than 
four  pounds  or  in  volume  less  than  two  quarts,  three  packages  of  ap- 
proximately the  same  size  shall  be  purchased  and  the  marks  and  tags 
upon  each  package  noted  as  above.  One  sample  shall  be  delivered  to 
the  party  from  whom  procured,  or  to  the  party  guaranteeing  such 
merchandise,  one  sample  shall  be  sent  to  the  director  of  the  State 
Laboratory  and  the  third  sample  shall  be  sent  to  and  held  under  seal 
by  the  State  Board  of  Health. 

§  18.  Fees. — For  his  services  hereunder  the  said  sheriff  shall  be 
allowed  the  same  fees  for  travel  allowed  by  law  to  sheriffs  on  service 
of  criminal  process,  together  with  such  compensation  as  by  the  board 
of  supervisors  of    his    county  may    be    deemed    reasonable,  and  all 


CALIFORNIA  PURE   FOOD  ACT.  951 

amounts  expended  by  him  in  procuring  and  transmitting  the  said 
samples,  which  fees  and  amount  expended  shall  be  audited  and  allowed 
by  the  said  supervisors  and  paid  by  his  said  county  as  other  bills  of 
said  sheriff. 

§  19.  Duty  of  District  Attorney.— It  shall  be  the  duty  of  the  dis- 
trict attorney  of  each  county  to  prosecute  all  violations  of  the  provi- 
sions of  this  act  occurring  within  his  county. 

§  20.  Penalty. — Any  person,  firm,  company  or  corporation  violat- 
ing any  of  the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  punished  by  a  fine  of  not  less  than  $5, 
nor  more  than  $500,  or  shall  be  imprisoned  in  the  county  jail  for  a 
term  not  exceeding  six  months,  or  by  both  such  fine  and  imprisonment. 
Food  found  to  be  adulterated,  mislabeled  or  misbranded  within  the 
meaning  of  this  act  may,  by  order  of  any  court  or  judge,  be  seized  and 
destroyed. 

§  21.  Fines. — One-half  of  all  fines  collected  by  any  court  or  judge, 
for  the  violations  of  the  provisions  of  this  act  shall  be  paid  to  the 
State  Treasurer  and  the  State  Treasurer  shall  deposit  such  money  to 
the  credit  of  the  fund  for  the  maintenance  of  the  State  Laboratory, 
to  be  drawn  against  by  warrants  of  the  State  Controller  upon  claims 
which  shall  be  approved  by  the  State  Board  of  Health  and  by  the 
State  Board  of  Examiners. 

§  22.  Protection  by  Guaranty. — No  dealer  shall  be  prosecuted 
under  the  provisions  of  this  act,  when  he  can  establish  a  guaranty 
signed  by  the  wholesaler,  jobber,  manufacturer  or  other  party  residing 
in  the  United  States  from  whom  he  purchased  such  article  to  the  effect 
that  the  same  is  not  adulterated,  mislabeled  or  misbranded  within  the 
meaning  of  this  act,  designating  it,  and  can  also  establish  by  satis- 
factory evidence  that  the  article  sold  by  him  was  mislabeled  and  that 
at  the  time  of  making  such  sale  he  was  not  aware  of  that  fact.  Said 
guaranty  to  afford  protection,  must  contain  the  name  and  address  of 
the  party  or  parties  making  the  sales  of  such  article  to  said  dealer,  and 
an  itemized  statement  showing  the  articles  purchased;  or  a  general 
guaranty  may  be  filed  with  the  secretary  of  the  United  States  Depart- 
ment of  Agriculture  by  the  manufacturer,  wholesaler,  jobber  or  other 
party  in  the  United  States  and  be  given  a  serial  number,  which  number 
shall  appear  on  each  and  every  package  of  goods  sold  under  such 
guaranty  with  the  words  "guaranteed  under  the  food  and  drugs  act 
June  30,  1906."  In  case  the  wholesaler,  jobber,  manufacturer  or  other 
party  making  such  guaranty  to  said  dealer  resides  without  this  State, 
and  it  appears  from  the  certificate  of  the  director  of  the  State  Labora- 
tory that  such  article  or  articles  were  adulterated,  mislabeled  or  mis- 
branded, within  the  meaning  of  this  act,  or  the  national  pure  food  act, 
approved  June  30,  1906,  the  district  attorney  must  forthwith  notify 
the  attorney  general  of  the  United  States  of  such  violation. 

§  23.  Appropriation. — The  sum  of  twenty  thousand  dollars 
($20,000.00)  is  hereby  appropriated  out  of  any  money  in  the  State 
treasury  not  otherwise  appropriated  for  the  purchase  of  equipment, 


952 

apparatus,  chemicals  and  supplies  of  said  laboratory  and  of  the  office 
expenses,  in  connection  with  the  same  and  for  the  compensation  of 
additional  assistants  and  other  necessary  help.  The  State  Controller 
is  hereby  authorized  to  draw  his  warrants  for  the  sums  herein  appro- 
priated in  favor  of  the  secretary  of  the  State  Board  of  Health  and  the 
State  Treasurer  is  hereby  directed  to  pay  the  same. 

§  24.  When  Act  Effective  as  to  Manufacture. — No  article  of  food  as 
herein  defined  shall  be  manufactured  or  produced  in  violation  of  this 
act  from  and  after  the  first  day  of  July,  1907. 

§  25.  Acts  Repealed. — All  acts  and  parts  of  acts  in  conflict  or  incon- 
sistent with  this  act  are  hereby  repealed. 

§  26.  When  Act  Effective  Generally. — This  act  shall  be  in  force  and 
effect  from  and  after  the  first  day  of  January,  1908. 


CALIFORNIA  PURE  DRUGS  LAW. 

(Chapter  186  [Stats.  1907,  p.  230],  approved  March  11,  1907.) 

An  act  for  the  prevention  of  the  manufacture,  sale  or  transportation  of 
adulterated,  mislabeled  or  misbranded  drugs,  regulating  the  traffic 
in  drugs  and  providing  penalties  for  violation  thereof. 

§  1.  Manufacture,  Production,  Preparation,  Compounding,  Packing, 
Selling,  Offering  for  Sale  or  Keeping  for  Sale  of  Drug  Which  is  Adul- 
terated, Mislabeled  or  Misbranded. — The  manufacture,  production, 
preparation,  compounding,  packing,  selling,  offering  for  sale  or  keeping 
for  sale  within  the  State  of  California,  or  the  introduction  into  this 
State  from  any  other  State,  Territory,  or  the  District  of  Columbia,  or 
from  any  foreign  country,  of  any  drug  which  is  adulterated,  mislabeled 
or  misbranded  within  the  meaning  of  this  act  is  hereby  prohibited. 
Any  person,  firm,  company,  or  corporation  who  shall  import  or  receive 
from  any  other  State  or  Territory,  or  the  District  of  Columbia,  or  from 
any  foreign  country,  or  who  having  so  received  shall  deliver  for  pay 
or  otherwise,  or  offer  to  deliver  to  any  other  person,  any  drug  adulter- 
ated, mislabeled  or  misbranded  within  the  meaning  of  this  act,  or 
any  person  who  shall  manufacture  or  produce,  prepare  or  compound, 
or  pack  or  sell,  or  offer  for  sale,  or  keep  for  sale,  in  the  State  of  Cali- 
fornia, any  such  adulterated,  mislabeled,  or  misbranded  drug,  shall  be 
guilty  of  a  misdemeanor ;  provided,  that  no  article  shall  be  deemed  mis- 
branded, mislabeled  or  adulterated  within  the  provisions  of  this  act 
when  intended  for  export  to  any  foreign  country  and  prepared  or 
packed  according  to  the  specifications  or  directions  of  the  foreign  pur- 
chaser when  no  substance  is  used  in  the  preparation  or  packing  thereof 
in  conflict  with  the  laws  of  the  foreign  country  to  w^hich  said  article 
is  intended  to  be  shipped;  but  if  said  article  shall  be  in  fact  sold  or 
offered  for  sale  for  domestic  use  or  consumption,  then  this  proviso  shall 
not  exempt  said  article  from  the  operation  of  any  of  the  other  provi- 
sions of  this  act. 


CALIFORNIA  PURE   DRUGS  LAW.  953 

§  2.  Term  ''Drug."— That  the  term  ''drug,"  as  used  in  this  act, 
shall  include  all  medicines  and  preparations  recognized  in  the  United 
States  Pharmacopoeia  or  National  Formulary  for  internal  or  external 
use,  and  any  substance  or  mixture  of  substances  intended  to  be  used 
for  the  cure,  mitigation,  or  prevention  of  disease  of  either  man  or  other 
animals. 

§  3.  Standard  of  Purity. — The  standard  of  purity  of  drugs  shall  be 
the  United  States  Pharmacopoeia  and  National  Formulary,  and  the 
regulations  and  definitions  adopted  for  the  enforcement  of  the  National 
Food  and  Drugs  Act  of  June  30,  1906,  shall  be  adopted  by  the  State 
Board  of  Health  for  the  enforcement  of  this  act. 

§  4.  Drugs  Deemed  Adulterated  When. — Drugs  shall  be  deemed 
adulterated  within  the  meaning  of  this  act  in  any  of  the  following 
cases: 

First — If,  when  a  drug  is  sold  under  or  by  a  name  recognized  in  the 
United  States  Pharmacopoeia  or  National  Formulary,  it  differs  from 
the  standard  of  strength,  quality  or  purity,  as  determined  by  the  test 
laid  down  in  the  United  States  Pharmacopoeia  or  National  Formulary 
official  at  the  time  of  investigation;  provided,  that  no  drug  defined  in 
the  United  States  Pharmacopoeia  or  National  Formulary  shall  be 
deemed  to  be  adulterated  under  this  provision  if  the  standard  of 
strength,  quality,  or  purity  be  plainly  stated  upon  the  package  thereof 
although  the  standard  may  differ  from  that  determined  by  the  test  laid 
down  in  the  United  States  Pharmacopoeia  or  National  Formulary. 

Second — If  the  strength  or  purity  fall  below  the  professed  standard 
or  quality  under  which  it  is  sold. 

§  5.  Term  "Misbranded."— That  the  term  "misbranded"  as  used 
herein  shall  apply  to  all  drugs,  the  package  or  label  of  which  shall  bear 
any  statement,  design,  or  device,  regarding  such  article  or  the  in- 
gredients or  substances  contained  therein  which  shall  be  false  or  mis- 
leading in  any  particular,  and  to  any  drug  which  is  falsely  branded  or 
labeled  as  to  the  county,  city  and  county,  city,  town,  State,  Territory 
District  of  Columbia  or  foreign  country  in  which  it  is  manufactured  or 
produced. 

§  6.  Drugs  Mislabeled  or  Misbranded  When. — Drugs  shall  be 
deemed  mislabeled  or  misbranded  under  the  meaning  of  this  act  in 
either  of  the  following  cases : 

First — If  it  be  an  imitation  of  or  offered  for  sale  under  the  name  of 
another  article. 

Second — If  the  contents  of  the  package  as  originally  put  up  shall 
have  been  removed,  in  whole  or  in  part,  and  other  contents  shall  have 
been  placed  in  such  package,  or  if  the  packages  as  offered  for  sale  at 
retail  or  wholesale,  fail  to  bear  a  statement  on  the  label  of  the  per  cent 
volume  of  alcohol,  or  the  quantity  of  any  morphine,  opium,  cocaine, 
heroin,  alpha  or  beta  eucaine,  chloroform,  cannabis  indica,  chloral 
hydrate,  acetanilide,  or  any  derivative  or  preparation  of  any  such  sub- 
stances contained  therein,  except  when  prescribed  by  a  licensed  physi- 
cian, licensed  dentist,  or  licensed  veterinary  surgeon. 


954  HILLYER^S  LEGAL   MANUAL. 

§  7.  Term  "Package." — The  term  "package"  as  used  in  this  act 
shall  be  construed  to  include  any  phial,  bottle,  jar,  demijohn,  carton, 
bag,  case,  can,  box  or  barrel,  or  any  receptacle,  vessel  or  container  of 
whatsoever  material  or  nature  which  may  be  used  by  a  manufacturer, 
producer,  jobber,  packer  or  dealer,  for  inclosing  any  drug. 

§  8.  Sale  or  Offering  for  Sale.— The  sale  or  offering  for  sale  of  any 
adulterated,  mislabeled  or  misbranded  drug  by  any  manufacturer,  pro- 
ducer, jobber,  packer  or  dealer  in  drugs,  or  broker,  commission  mer- 
chant, agent,  employee  or  servant  of  any  such  manufacturer,  producer, 
jobber,  packer  or  dealer,  shall  be  prima  facie  evidence  of  the  violation 
of  this  act. 

§  9.  Examinations  and  Analyses. — Whenever  required  by  the  State 
Board  of  Health  or  its  secretary,  examinations  and  analyses  of  drugs 
on  sale  in  California  suspected  of  being  adulterated,  mislabeled  or  mis- 
branded,  shall  be  made  by  the  director  of  the  State  Laboratory  for 
the  examination  and  analysis  of  foods  and  drugs.  Said  State  Board 
of  Health  or  the  secretary  may  appoint  such  agent  or  agents  as  it  may 
deem  necessary  for  the  enforcement  of  this  act,  and  the  sheriffs  of  the 
respective  counties  of  the  State  are  hereby  appointed  and  constituted 
such  agents.  Any  agent  or  sheriff  shall  have  the  right  to  purchase  at 
the  place  of  business  of  any  manufacturer  or  dealer,  any  drug  suspected 
of  being  adulterated,  mislabeled  or  misbranded  within  the  meaning  of 
this  act,  tendering  the  market  price  of  said  articles.  If  a  sale  be  re- 
fused, he  may  take  from  any  person,  firm  or  corporation  samples  of 
any  articles  suspected  of  being  adulterated,  mislabeled  and  misbranded, 
and  shall  deliver  or  forward  such  samples  to  said  director  of  the  State 
Laboratory  for  examination  and  analysis. 

§  10.  Report  to  the  District  Attorney. — It  shall  be  the  duty  of  the 
State  Board  of  Health,  whenever  it  has  satisfactory  evidence  of  the 
violation  of  any  of  the  provisions  of  this  act  respecting  the  adultera- 
tion, mislabeling  or  misbranding  of  drugs,  to  report  such  facts  to  the 
district  attorney  of  the  county  where  the  law  is  violated. 

§  11.  Concealing  Evidence. — It  shall  be  a  misdemeanor  for  any 
person  to  refuse  to  sell  to  any  sheriff,  or  other  agent  of  the  State  Board 
of  Health,  any  sample  drug  upon  tender  of  the  market  price  therefor, 
or  to  conceal  any  such  drug  from  such  officer,  or  to  withhold  from  him 
information  where  such  drug  is  kept  or  stored.  Any  such  person  so 
refusing  to  sell,  or  concealing  such  drug,  or  withholding  such  informa- 
tion from  said  officer,  shall,  upon  conviction,  be  punished  as  provided 
in  section  nineteen  of  the  Penal  Code  of  the  State  of  California. 

§  12.  Report  to  Secretary  of  State  Board  of  Health. — Whenever 
said  director  shall  find  from  his  examination  and  analysis  that  adul- 
terated, mislabeled  or  misbranded  drugs  have  been  on  sale  in  this  state, 
he  shall  forthwith  report  to  the  secretary  of  the  State  Board  of  Health, 
and  shall  promptly  transmit  a  certificate  of  the  facts  so  found  to  the 
district  attorney  of  the  county  in  which  said  adulterated,  mislabeled  or 
misbranded  drug  was  found. 


CALIFORNIA   PURE   DRUGS   LAW.  955 

§  13.  Certificate. — Every  certificate  signed  by  the  said  director  of 
the  State  Laboratory  shall  be  prima  facie  evidence  of  the  facts  therein 
stated. 

§  14.  Annual  Report. — The  said  director  of  the  State  Laboratory 
shall  make  an  annual  report  to  the  State  Board  of  Health,  on  or  before 
August  first  of  each  year,  upon  adulterated,  mislabeled  or  misbranded 
drugs,  in  which  report  shall  be  included  the  list  of  cases  examined  by 
him  in  which  adulterants  were  found,  and  the  list  of  articles  found  mis- 
labeled or  misbranded,  and  the  names  of  the  manufacturers,  producers, 
jobbers  and  sellers.  Said  report,  or  any  part  thereof,  may,  in  the  dis- 
cretion of  the  State  Board  of  Health,  be  included  in  the  report  which 
the  State  Board  of  Health  is  already  authorized  by  law  to  make  to  the 
governor.  The  State  Board  of  Health  may,  in  its  discretion,  publish 
any  part  of  said  report  in  any  issue  of  its  monthly  bulletin. 

§  15.  Hearing. — When  the  examination  or  analysis  of  the  director 
of  the  State  Laboratory  shows  that  any  of  the  provisions  of  this  act 
have  been  violated,  notice  of  that  fact,  together  with  a  copy  of  the 
certificate  of  the  findings,  shall  be  furnished  to  the  party  or  parties 
from  whom  the  sample  was  obtained  or  who  executed  the  guaranty  as 
provided  in  this  act,  and  a  date  shall  be  fixed  by  the  secretary  of  the 
Board  of  Health,  at  which  time  said  party  or  parties  may  be  heard 
before  the  State  Board  of  Health  or  any  two  members  thereof,  and  the 
secretary.  The  hearing  shall  be  held  in  the  city  of  Sacramento,  and 
at  least  fifteen  days'  notice  thereof  shall  be  first  served  upon  the  party 
complained  of.  These  hearings  shall  be  private  and  confined  to  ques- 
tions of  fact.  The  parties  interested  therein  may  appear  in  person  or 
by  attorneys  and  may  propound  the  interrogatories  and  submit  oral 
or  written  evidence  to  show  any  fault  or  error  in  the  findings  made  by 
the  director  of  the  State  Laboratory.  If  the  examination  or  analysis 
be  found  correct,  or  if  the  party  or  parties  fail  to  appear  at  such  hear- 
ing, after  notice  duly  served  as  provided  herein,  the  secretary  of  the 
State  Board  of  Health  shall  forthwith  transmit  a  certificate  of  the  facts 
so  found  to  the  district  attorney  of  the  county  in  which  said  adulter- 
ated, mislabeled  or  misbranded  drug  was  found.  No  publication 
thereof  shall  be  made  until  after  said  hearing  is  concluded. 

§  16.  Sample  of  Adulterated,  Mislabeled  or  Misbranded  Drug. — It 
is  hereby  made  the  duty  of  the  sheriff  of  any  county  of  this  State,  on 
presentation  to  him  of  a  verified  complaint  of  the  violation  of  any  pro- 
visions of  this  act,  at  once  to  obtain  by  purchase  a  sample  of  the  adul- 
terated, mislabeled  or  misbranded  drug  complained  of  and  divide  said 
article  into  three  parts,  and  each  part  be  sealed  by  the  sheriff  with  a 
seal  provided  for  that  purpose.  If  the  package  be  less  than  four 
pounds,  or  in  volume  less  than  two  quarts,  three  packages  of  approxi- 
mately the  same  size  shall  be  purchased  and  the  marks  and  tags  upon 
each  package  noted  as  above.  One  sample  shall  be  delivered  to  the 
party  from  whom  procured,  or  to  the  party  guaranteeing  said  drug. 
One  sample  shall  be  sent  to  the  director  of  the  State  Laboratory,  and 
the  third  sample  shall  be  sent  to  and  held  under  seal  by  the  State  Board 
of  Health. 


956 

§  17.  Fees. — For  his  services  hereunder  the  said  sheriff  shall  be 
allowed  the  same  fees  for  travel  allowed  by  law  to  sheriffs  on  service 
of  criminal  process,  together  with  such  compensation  as  by  the  board 
of  supervisors  of  his  county  may  be  deemed  reasona^^le,  and  all 
accounts  expended  by  him  in  procuring  and  transmitting  the  said 
samples,  which  fees  and  amount  expended  shall  be  audited  and  allowed 
by  the  said  supervisors  and  paid  by  his  said  county  as  other  bills  of 
said  sheriff. 

§  18.  Duty  of  District  Attorney. — It  shall  be  the  duty  of  the  dis- 
trict attorney  of  each  county  to  prosecute  all  violations  of  the  provi- 
sions of  this  act  occurring  within  his  county. 

§  19.  Penalty. — ^Any  person,  firm,  company  or  corporation  violating 
any  of  the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  punished  by  a  fine  of  not  less  than  twenty-five 
dollars,  nor  more  than  five  hundred  dollars,  or  shall  be  imprisoned  in 
the  county  jail  for  a  term  not  exceeding  six  months,  or  by  both  such 
fine  and  imprisonment.  Drugs  found  to  be  adulterated  or  misbranded 
within  the  meaning  of  this  act  may,  by  order  of  any  court  or  judge, 
be  seized  and  destroyed. 

§  20.  Pines. — One-half  of  all  fines  collected  by  any  court  or  judge 
for  the  violations  of  the  provisions  of  this  act  shall  he  paid  to  the  State 
Treasurer,  and  the  State  Treasurer  shall  deposit  such  money  to  the 
credit  of  the  fund  for  the  maintenance  of  the  State  Laboratory,  to  be 
drawn  against  by  warrants  of  the  State  Controller  upon  claims  which 
shall  be  approved  by  the  State  Board  of  Examiners. 

§  21.  Guaranty  a,s  a  Defense. — No  dealer  shall  be  prosecuted  under 
the  provisions  of  this  act,  w^hen  he  can  establish  a  guaranty  signed  by 
the  wholesaler,  jobber,  manufacturer  or  other  party  residing  in  the 
United  States  from  whom  he  purchased  such  article  to  the  effect  that 
the  same  is  not  adulterated  or  misbranded  within  the  meaning  of  this 
act,  designating  it.  Said  guaranty  to  afford  protection,  must  contain 
the  name  and  address  of  the  party  or  parties  making  the  sales  of  such 
article  to  said  dealer,  and  an  itemized  statement  showing  the  articles 
purchased;  or  a  general  guaranty  may  be  filed  with  the  Secretary  of 
the  United  States  Department  of  Agriculture  by  the  manufacturer, 
wholesaler,  jobber  or  other  party  in  the  United  States  and  be  given  a 
serial  number,  which  number  shall  appear  on  each  and  every  package 
of  goods  sold  under  such  guaranty  with  the  words  *' Guaranteed  under 
the  Food  and  Drugs  Act,  June  30,  1906."  In  case  the  wholesaler, 
jobber,  manufacturer  or  other  party  making  such  guaranty  to  said 
dealer  resides  without  this  State,  and  it  appears  from  the  certificate 
of  the  director  of  the  State  Laboratory  that  such  article  or  articles 
were  adulterated  or  misbranded,  within  the  meaning  of  this  act,  or  the 
National  Pure  Food  Act,  approved  June  30,  1906,  the  district  attorney 
must  forthwith  notify  the  Attorney  General  of  the  United  States  of 
such  violation. 

§  22.  Act  Effective  When.— This  act  shall  be  in  force  and  effect 
from  and  after  the  first  day  of  January,  1908. 


CALIFORNIA  PURE  FOOD   REGULATIONS.  957 

RULES  AND  REGULATIONS  FOR  THE  ENFORCE 
MENT  OF  THE  CALIFORNIA  PURE  FOODS  AND 
DRUaSACTS. 

GENERAL. 

Regulation  1.  Short  Title  of  Acts.— The  act  entitled  ''An  act  for 
preventing  the  manufacture,  sale  or  transportation  of  adulterated,  mis- 
labeled or  misbranded  foods  and  liquors  and  regulating  the  traffic 
therein,  providing  penalties,  establishing  a  State  laboratory  for  foods, 
liquors  and  drugs  and  making  an  appropriation  therefor,"  approved 
March  11,  1907,  shall  be  known  and  referred  to  as  '^The  California  Pure 
Foods  Act,  March  11,  1907." 

The  act  entitled  "An  act  for  the  prevention  of  the  manufacture,  sale 
or  transportation  of  adulterated,  mislabeled  or  misbranded  drugs, 
regulating  the  traffic  in  drugs  and  providing  penalties  for  violation 
thereof,"  approved  March  11,  1907,  shall  be  known  and  referred  to  as 
"The  California  Pure  Drugs  Act,  March  11,  1907." 

Regulation  2.  Collection  of  Samples. — Samples  of  foods,  liquors,  or 
drugs  shall  be  collected  only  by  authorized  agents  of  the  State  Board 
of  Health,  who  shall  be  known  as  "inspectors." 

Samples  may  be  purchased  or  taken  as  provided  by  said  acts.  If  in 
bulk,  the  marks,  brands,  or  tags  upon  the  package,  carton,  container, 
wrapper,  or  accompanying  printed  or  written  matter  shall  be  noted. 
The  collector  shall  also  note  the  names  of  the  vendor  and  agent  through 
whom  the  sale  was  actually  made,  together  with  the  date  of  purchase. 
The  collector  shall  purchase  representative  samples. 

A  sample  shall  be  divided  into  three  parts,  and  each  part  shall  be 
labeled  with  identifying  marks.  All  samples  shall  be  sealed  with  a 
seal  provided  for  the  purpose.  If  the  package  be  less  than  four  pounds, 
or  in  volume  less  than  two  quarts,  three  packages,  approximately  of 
the  same  size,  shall  be  purchased,  and  the  marks  and  tags  upon  each 
package  noted  as  above.  One  sample  shall  be  delivered  to  the  party 
from  whom  procured,  or  to  the  party  guaranteeing  such  merchandise ; 
one  sample  shall  be  sent  to  the  director  of  the  State  Laboratory,  Uni- 
versity of  California,  Berkeley,  California ;  and  the  third  sample  shall 
be  sent  to  and  held  under  seal  by  the  State  Board  of  Health,  Sacra- 
mento, California. 

Regulation  3.  Methods  of  Analysis. — Unless  otherwise  ordered  by 
the  State  Board  of  Health,  the  methods  of  analysis  employed  shall  be 
those  prescribed  by  the  Association  of  Official  Agricultural  Chemists 
and  the  United  States  Pharmacopoeia. 

Regulation  4.  Hearings. — Hearings  shall  be  held  as  prescribed  by 
the  terms  of  said  acts. 

Notices  and  findings  required  by  the  said  acts,  or  either  of  them,  to 
be  served,  may  be  served  in  the  followuno:  manner: 

1.  Upon  individuals,  by  personal  service,  or  if  the  party  cannot  be 
found,  by  leaving  the  same  at  his  residence  or  place  of  business. 


958 

2.  Upon  domestic  corporations,  by  delivering  the  same  to  the  presi- 
dent, secretary,  vice-president,  treasurer,  or  managing  agent  of  such 
corporation,  or  if  such  officer  or  agent  cannot  be  found,  by  leaving  the 
same  at  its  place  of  business. 

3.  Upon  foreign  corporations,  by  delivering  the  same  to  such  officer 
or  agent,  or  if  such  officer  or  agent  cannot  be  found,  by  leaving  the 
same  at  its  place  of  business  within  this  State,  or  by  leaving  the  same 
with  the  State  agent  of  such  corporation. 

Upon  the  hearing  the  State  Board  of  Health  may  order  a  re-examina- 
tion of  the  sample,  or  have  new  samples  drawn  for  further  examination. 

When  the  residence  of  the  party  guaranteeing  merchandise  found  to 
be  in  violation  of  the  terms  of  said  acts,  or  either  of  them,  shall  be  in 
a  county  other  than  that  in  which  the  sample  was  taken,  the  secretary 
of  the  State  Board  of  Health  shall  transmit  a  certificate  of  the  facts 
found  both  to  the  district  attorney  of  the  county  where  the  sample  was 
taken  and  to  the  district  attorney  of  the  county  of  the  residence  or 
place  of  business  of  the  guarantor. 

Regulation  5.  Publication. — Publication  may  be  made,  after  hear- 
ing, as  provided  by  the  terms  of  said  acts. 

Also,  when  a  judgment  of  the  court  shall  have  been  rendered,  there 
may  be  a  publication  of  the  findings  of  the  director  of  the  State  Labora- 
tory, together  with  the  findings  of  the  court.  This  publication  may 
be  made  in  the  form  of  circulars,  notices,  or  bulletins,  as  the  State 
Board  of  Health  may  determine,  not  less  than  thirty  days  after  the 
rendering  of  the  judgment ;  and  if  an  appeal  has  been  taken  from  the 
judgment  of  the  court,  a  notice  of  the  appeal  shall  accompany  the 
publication. 

Regulation  6.  Standard  for  Drugs. — A  drug  bearing  a  name  recog- 
nized in  the  United  States  Pharmacopoeia  or  National  Formulary,  with- 
out any  further  statement  respecting  its  character,  shall  be  required 
to  conform  in  strength,  quality,  and  purity  to.  the  standards  prescribed 
or  indicated  for  a  drug  of  the  same  name  recognized  in  the  United 
States  Pharmacopoeia  or  National  Formulary,  official  at  the  time. 

A  drug  bearing  a  name  recognized  in  the  United  States  Pharma- 
copoeia or  National  Formulary,  and  branded  to  show  a  different 
standard  of  strength,  quality,  or  purity,  shall  not  be  regarded  as  adul- 
terated if  it  conforms  to  its  declared  standard. 

Regulation  7.  Formulas  —  Proprietary  Foods. — Manufacturers  of 
proprietary  foods  are  only  required  to  state  upon  the  label  the  names 
and  percentages  of  the  materials  used,  in  so  far  as  the  State  Board  of 
Health  may  find  this  to  be  necessary  to  secure  freedom  from  adultera- 
tion, mislabeling,  and  misbranding. 

The  factories  in  which  proprietary  foods  are  made  shall  be  open  at 
all  reasonable  times  to  the  inspection  of  raw  materials  hereinafter  pro- 
vided for. 

Regulation  8.  Form  of  Guaranty. — No  dealer  will  be  liable  to  prose- 
cution under  the  provisions  of  said  acts,  or  either  of  them,  when  he  can 


CALIFORNIA  PURE   FOOD   REGULATIONS.  959 

establish  a  guaranty,  signed  by  the  wholesaler,  jobber,  manufacturer, 
or  other  party  residing  in  the  United  States,  from  whom  he  purchased 
such  article,  to  the  effect  that  the  same  is  not  adulterated,  mislabeled, 
or  misbranded  within  the  meaning  of  said  acts,  designating  them. 

Such  guaranty  may  be : 

1.  A  specific  guaranty.  This  guaranty,  to  afford  protection,  must  be 
substantially  in  the  following  form: 

The  undersigned  hereby  guarantees  that  the  articles  of  (drugs,  foods, 
or  liquors,  as  the  case  may  be,  specifying  them),  this  day  sold  to  (name 
of  dealer)  and  mentioned  in  the  attached  invoice,  are  not  adulterated, 
misbranded,  or  mislabeled,  within  the  meaning  of  the  California  Pure 
Foods  (or  Drugs,  as  the  case  may  be)  Act,  March  11,  1907. 

Dated , 


(Name,  place  of  business  and  address  of 
the  guarantor,  and  statement  as  to 
whether  guarantor  is  corporation  or  co- 
partnership.) 

2.  A  general  guaranty.  This  guaranty,  to  afford  protection,  must  be 
substantially  in  the  following  form : 

I  (we),  the  undersigned,  do  hereby  guarantee  that  the  articles  of 
foods,  liquors,  and  drugs,  manufactured,  produced,  prepared,  com- 
pounded, packed,  distributed,  or  sold  by  me  (us)  (specifying  the  same 
as  fully  as  possible),  are  not  adulterated  or  misbranded  within  the 
meaning  of  the  Food  and  Drugs  Act,  June  30,  1906,  and  are  not  adul- 
terated, mislabeled,  or  misbranded,  within  the  meaning  of  the  Cali- 
fornia Pure  Foods  Act,  March  11,  1907,  or  the  California  Pure  Drugs 
Act,  March  11,  1907. 

Dated 

(Sign  in  ink) 

(Name,  place  of  business  and  address  of 
the  guarantor,  and  statement  as  to 
whether  guarantor  is  corporation  or  co- 
partnership.) 

All  general  guaranties  must  be  acknowledged  before  a  notary  public, 
and  the  notary's  certificate  of  the  fact  attached. 

No  guaranty  will  he  filed  by  the  State  Board  of  Health,  or  its  secre- 
tary; and  no  serial  number  will  be  given  by  this  board,  or  its  secretary. 

All  general  guaranties  must  be  filed  with  the  Secretary  of  Agricul- 
ture, Washington,  D.  C,  who  will  furnish  a  serial  number  which  when 
used  on  label  with  the  words  "Guaranteed  by  (here  insert  name  of 
guarantor)  under  the  Food  and  Drugs  Act,  June  30,  1906,"  will  pro- 
tect the  dealer  if  he  purchased  of  the  guarantor. 

In  the  case  of  persons  who  have  already  filed  a  general  guaranty  with 
the  Secretary  of  Agriculture,  it  will  be  necessary  to  file  an  amended 
guaranty  in  the  form  given  above.  Accompanying  this  guaranty 
should  be  a  letter  to  the  Secretary  of  Agriculture,  giving  the  serial 
number  already  assigned  and  stating  that  the  guaranty  inclosed  is  an 
amended  guaranty  filed  to  comply  with  the  California  law. 


960 

ADULTERATION. 

Regulation  9.  Confectionery. — Mineral  substances  of  all  kinds 
(except  as  provided  in  Regulation  14)  are  specifically  forbidden  in 
confectionery,  whether  they  be  poisonous  or  not. 

Only  harmless  color  flavors  shall  be  added  to  confectionery. 
The  term  ''narcotic  drugs"  includes  all  the  drugs  mentioned  in  sec- 
tion 6  of  the  California  Pure  Drugs  Act,  March  11,  1907,  and  all  other 
drugs  of  a  narcotic  nature. 

Regulation  10.  Substances  Mixed  and  Packed  With  Foods. — No 
substance  may  be  mixed  or  packed  with  a  food  product  which  will 
reduce  or  lower  its  quality  or  strength.  Not  excluded  under  this  pro- 
vision are  substances  properly  used  in  the  preparation  of  food  products 
for  clarification  or  refining  and  eliminated  in  the  further  process  of 
manufacture. 

Regulation  11.  Coloring,  Powdering,  Coating,  and  Staining. — Only 
harmless  colors  may  be  used  in  food  products. 

The  reduction  of  a  substance  to  a  powder  to  conceal  inferiority  in 
character  is  prohibited. 

The  term  "powder"  means  the  application  of  any  powdered  sub- 
stance to  the  exterior  portions  of  articles  of  food,  or  the  reduction  of  a 
substance  to  a  powder. 

The  term  ''coated"  means  the  application  of  any  substance  to  the 
exterior  portions  of  a  food  product. 

The  term  "stain"  includes  any  change  produced  by  the  addition  of 
any  substance  to  the  exterior  portion  of  foods  which  in  any  way  alters 
their  natural  tint. 

Regulation  12.  Natural  Poisonous  or  Deleterious  Ingredients. — Any 
food  product  which  contains  naturally  a  poisonous  or  deleterious  in- 
gredient does  not  come  within  the  provisions  of  the  California  Pure 
Foods  Act,  March  1 1, 1907,  except  when  the  presence  of  such  ingredient 
is  due  to  filth,  putrescence,  or  decomposition. 

Regulation  13.  External  Application  of  Preservatives. — Poisonous 
or  deleterious  preservatives  shall  only  be  applied  externally,  and  they 
and  the  food  products  shall  be  of  a  character  which  shall  not  permit 
the  permeation  of  any  of  the  preservative  to  the  interior,  or  any  por- 
tion of  the  interior  of  the  product. 

When  these  products  are  ready  for  consumption,  if  any  portion  of 
the  added  preservative  shall  have  penetrated  the  food  product,  then 
such  food  products  shall  te  subject  to  the  regulations  for  food  products 
in  general. 

The  preservative  applied  must  be  of  such  a  character  that,  until 
removed,  the  food  products  are  inedible. 

Regulation  14.  Wholesomeness  of  Colors  and  Preservatives. — (a) 
Respecting  the  wholesomeness  of  colors,  preservatives,  and  other  sub- 
stances which  are  added  to  foods,  the  Secretary  of  Agriculture  shall 
determine  from  chemical  or  other  examination,  under  the  authority  of 
the  agricultural  appropriation  act.  Public  382,  approved  June  30,  1906, 


CALIFORNIA   PURE   FOOD   REGULATIONS.  961 

the  names  of  those  substances  which  are  permitted  or  inhibited  in  food 
products;  and  such  findings,  when  approved  by  the  Secretary  of  the 
Treasury  and  the  Secretary  of  Commerce  and  Labor,  shall  become  a 
part  of  these  regulations. 

(h)  The  Secretary  of  Agriculture  shall  determine  from  time  to  time, 
in  accordance  with  the  authority  conferred  by  the  agricultural  appro- 
priation act,  Public  382,  approved  June  30,  1906,  the  principles  which 
shall  guide  the  use  of  colors,  preservatives,  and  other  substances  added 
to  foods ;  and  when  concurred  in  by  the  Secretary  of  the  Treasury  and 
the  Secretary  of  Commerce  and  Labor,  the  principles  so  established 
shall  become  a  part  of  these  regulations. 

(c)  It  having  been  determined  that  benzoate  of  soda  mixed  with  food 
is  not  deleterious  or  poisonous  and  is  not  injurious  to  health,  no  objec- 
tion will  be  raised  under  the  food  and  drugs  act  to  the  use  in  food  of 
benzoate  of  soda,  provided  that  each  container  or  package  of  such  food 
is  plainly  labeled  to  show  the  presence  and  amount  of  benzoate  of  soda. 
Food  Inspection  Decisions  76  and  89  are  amended  accordingly. 

Regulation  15.  Character  of  the  Raw  Materials. — The  State  Board 
of  Health,  its  secretary  or  duly  authorized  agent,  when  deemed  neces- 
sary by  said  board  or  its  secretary,  shall  examine  the  raw  materials 
used  in  the  manufacture  of  food  and  drug  products,  and  determine 
whether  any  filthy,  decomposed  or  putrid  substance  is  used  in  their 
preparation. 

MISBRANDING  AND  MISLABELING. 

Regulation  16.  Label. — {a)  The  term  ''label"  applies  to  any  printed, 
pictorial,  or  other  matter  upon  or  attached  to  any  package  of  a  food 
or  drug  product,  or  any  container  thereof  subject  to  the  provisions  of 
this  act. 

(&)  The  principal  label  shall  consist,  first,  of  all  information  which 
the  food  and  drugs  act,  June  30,  1906,  specifically  requires,  to  wit,  the 
name  of  the  place  of  manufacture  in  the  case  of  food  compounds  or 
mixtures  sold  under  a  distinctive  name;  statements  which  show  that 
the  articles  are  compounds,  mixtures,  or  blends;  the  words  "com- 
pound," "mixture,"  or  "blend,"  and  words  designating  substances  or 
their  derivatives  and  proportions  required  to  be  named  in  the  case  of 
foods  and  drugs.  All  this  information  shall  appear  upon  the  principal 
label,  and  should  have  no  intervening  descriptive  or  explanatory  read- 
ing matter.  Second,  if  the  name  of  the  manufacturer  and  place  of 
manufacture  are  given,  they  should  also  appear  upon  the  principal 
label.  Third,  preferably  upon  the  principal  label,  in  conjunction  with 
the  name  of  the  substance,  such  phrases  as  "artificially  colored," 
"colored  with  sulphate  of  copper,"  or  any  other  descriptive  phrases 
necessary  to  be  announced  should  be  conspicuously  displayed.  Fourth, 
elsewhere  upon  the  principal  label  other  matter  may  appear  in  the  dis- 
cretion of  the  manufacturer.  If  the  contents  are  stated  in  terms  of 
weight  or  measure,  such  statement  should  appear  upon  the  principal 
label  and  must  be  couched  in  plain  terms,  as  required  by  Regulation  29. 
61 


962 

(c)  If  the  principal  label  is  in  a  foreign  language,  all  information 
required  by  law  and  such  other  information  as  indicated  above  in  (&) 
shall  appear  upon  it  in  English.  Besides  the  principal  label  in  the  lan- 
guage of  the  country  of  production,  there  may  be  also  one  or  more  other 
labels,  if  desired,  in  other  languages,  but  none  of  them  more  prominent 
than  the  principal  label,  and  these  other  labels  must  bear  the  informa- 
tion required  by  law,  but  not  necessarily  in  English.  The  size  of  the 
type  used  to  declare  the  information  required  by  the  act  shall  not  be 
smaller  than  8-point  (brevier)  capitals;  provided,  that  in  case  the  size 
of  the  package  will  not  permit  the  use  of  8-point  type,  the  size  of  the 
type  may  be  reduced  proportionately. 

(d)  Descriptive  matter  upon  the  label  shall  be  free  from  any  state- 
ment, design,  or  device  regarding  the  article  or  the  ingredients  or  sub- 
stances contained  therein,  or  quality  thereof,  or  place  of  origin,  which 
is  false  or  misleading  in  any  particular.  The  term  "design"  or 
''device"  applies  to  pictorial  matter  of  every  description,  and  to  abbre- 
viations, characters,  or  signs  for  weights,  measures,  or  names  of  sub- 
stances. 

(e)  An  article  containing  more  than  one  food  product  or  active 
medicinal  agent  is  misbranded  if  named  after  a  single  constituent. 

In  the  case  of  drugs  the  nomenclature  employed  by  the  United  States 
Pharmacopoeia  and  the  National  Formulary  shall  obtain. 

{f)  The  use  of  any  false  or  misleading  statement,  design,  or  device 
appearing  on  any  part  of  the  label  shall  not  be  justified  by  any  state- 
ment given  as  the  opinion  of  an  expert  or  other  person,  nor  by  any 
descriptive  matter  explaining  the  use  of  the  false  or  misleading  state- 
ment, design,  or  device. 

Regulation  17.  Name  and  Address  of  Manufacturer. — The  name  of 
the  manufacturer  or  producer,  or  the  place  where  manufactured,  except 
in  case  of  mixtures  and  compounds  having  a  distinctive  name,  need 
not  be  given  upon  the  label ;  but  if  given,  must  be  the  true  name  and 

the  true  place.     The  words  "packed  for ,"  "distributed  by ," 

or  some  equivalent  phrase,  shall  be  added  to  the  label  in  case  the  name 
which  appears  upon  the  label  is  not  that  of  the  actual  manufacturer 
or  producer,  or  the  name  of  the  place  not  the  actual  place  of  manu- 
facture or  production. 

When  a  person,  firm,  or  corporation  actually  manufactures  or  pro- 
duces an  article  of  food  or  drug  in  two  or  more  places,  the  actual  place 
of  manufacture  or  production  of  each  particular  package  need  not  be 
stated  on  the  label,  except  when,  in  the  opinion  of  the  secretary  of  the 
State  Board  of  Health,  the  mention  of  any  such  place,  to  the  exclusion 
of  the  others,  misleads  the  public. 

Regulation  18.  Character  of  Name. — A  simple  or  unmixed  food  or 
drug  product  not  bearing  a  distinctive  name  shall  be  designated  by  its 
common  name  in  the  English  language,  or,  if  a  drug,  by  any  name 
recognized  in  the  United  States  Pharmacopoeia  or  National  Formulary. 
No  further  description  of  its  components  or  qualities  is  required,  except 
as  to  content  of  alcohol,  morphine,  etc. 


CALIFORNIA   PURE   POOD   REGULATIONS.  963 

The  use  of  a  geographical  name  shall  not  be  permitted  in  connection 
with  a  food  or  drug  product  not  manufactured  or  produced  in  that 
place,  when  such  name  indicates  that  the  article  was  manufactured  or 
produced  in  that  place. 

The  use  of  a  geographical  name  in  connection  with  a  food  or  drug 
product  will  not  be  deemed  a  misbranding  when  by  reason  of  long 
usage  it  has  come  to  represent  a  generic  term  and  is  used  to  indicate 
a  style,  type,  or  brand;  but  in  all  such  cases  the  state,  territory,  or 
country  where  any  such  article  is  manufactured  or  produced  shall  be 
stated  upon  the  principal  label. 

A  foreign  name  which  is  recognized  as  distinctive  of  a  product  of  a 
foreign  country  shall  not  be  used  upon  an  article  of  domestic  origin 
except  as  an  indication  of  the  type  or  style  of  quality  or  manufacture, 
and  then  only  when  so  qualified  that  it  cannot  be  offered  for  sale  under 
the  name  of  a  foreign  article. 

Regulation  19.  Distinctive  Name. — A  ' '  distinctive  name  "  is  a  trade, 
arbitrary,  or  fancy  name  which  clearly  distinguishes  a  food  product, 
mixture,  or  compound  from  any  other  food  product,  mixture,  or  com- 
pound. 

A  distinctive  name  shall  not  be  one  representing  any  single  constitu- 
ent of  a  mixture  or  compound. 

A  distinctive  name  shall  not  misrepresent  any  property  or  quality 
of  a  mixture  or  compound. 

A  distinctive  name  shall  give  no  false  indication  of  origin,  character, 
or  place  of  manufacture,  nor  lead  the  purchaser  to  suppose  that  it  is 
any  other  food  or  drug  product. 

Regulation  20.  Compounds,  Imitations,  or  Blends  Without  Dis- 
tinctive Name. — The  term  "blend"  applies  to  a  mixture  of  like  sub- 
stances, not  excluding  harmless  coloring  or  flavoring  ingredients  used 
for  the  purpose  of  coloring  and  flavoring  only. 

If  any  age  is  stated,  it  shall  not  be  that  of  a  single  one  of  its  constit- 
uents, but  shall  be  the  average  of  all  constituents  in  their  respective 
proportions. 

Coloring  and  flavoring  cannot  be  used  for  increasing  the  weight  or 
bulk  of  a  blend. 

In  order  that  colors  or  flavors  may  not  increase  the  volume  or  weight 
of  a  blend,  they  are  not  to  be  used  in  quantities  exceeding  1  pound  to 
800  pounds  of  the  blend. 

A  color  or  flavor  cannot  be  employed  to  imitate  any  natural  product 
or  any  other  product  of  recognized  name  and  quality. 

The  term  "imitation"  applies  to  any  mixture  or  compound  which  is 
a  counterfeit  or  fraudulent  simulation  of  any  article  of  food  or  drug. 

Regulation  21.  Articles  Without  a  Label. — It  is  prohibited  to  sell  or 
offer  for  sale  a  food  or  drug  product  bearing  no  label  upon  the  package 
or  no  descriptive  matter  whatever  connected  with  it,  either  by  design, 
device,  or  otherwise,  if  said  product  be  an  imitation  of  or  offered  for 
sale  under  the  name  of  another  article. 


964  hillyer's  legal  manual. 

RegTilation  22.  Proper  Branding  not  a  Complete  Guaranty. — Pack- 
ajros  which  are  correctly  branded  as  to  character  of  contents,  place  of 
manufacture,  name  of  manufacturer,  or  otherwise,  may  be  adulterated, 
and  hence  not  entitled  to  protection  under  said  acts;  or  their  sale, 
except  upon  prescription,  may  be  forbidden  by  the  Poisons  Act.  March 
6,  1907. 

Regulation  23.  Incompleteness  of  Branding. — A  compound  shall  be 
deemed  misbrajided  if  the  label  be  incomplete  as  to  the  names  of  the 
required  ingredients.  A  simple  product  does  not  require  any  further 
statement  than  the  name  or  distinctive  name  thereof,  except  as  pro- 
vided in  Regulations  18  and  27. 

Regulation  24.  Substitution. — When  a  substance  of  a  recognized 
quality,  commonly  used  in  the  preparation  of  a  food  or  drug  product, 
is  replaced  by  another  substance  not  injurious  or  deleterious  to  health, 
the  name  of  the  substituted  substance  shall  appear  upon  the  label. 

When  any  substance  which  does  not  reduce,  lower,  or  injuriously 
affect  its  quality  or  strength  is  added  to  a  food  or  drug  product,  other 
than  that  necessary  to  its  manufacture  or  refining,  the  label  shall  bear 
a  statement  to  that  effect. 

Regulation  25.  Waste  Materials. — When  an  article  is  made  up  of 
refuse  materials,  fragments,  or  trimmings,  the  use  of  the  name  of  the 
substance  from  which  they  are  derived,  unless  accompanied  by  a  state- 
ment to  that  effect,  shall  be  deemed  a  misbranding.  Packages  of  such 
materials  may  be  labeled  "pieces,"  ''stems,"  ''trimmings,"  or  with 
some  similar  appellation. 

Regulation  26.  Mixtures  or  Compounds  With  Distinctive  Names. — 
The  terms  "mixtures"  and  "compounds"  are  interchangeable,  and 
indicate  the  results  of  putting  together  two  or  more  food  products. 

These  mixtures  or  compounds  shall  not  be  imitations  of  other  articles, 
whether  simple,  mixed,  or  compound,  or  offered  for  sale  under  the 
name  of  other  articles.  They  shall  bear  a  distinctive  name  and  the 
name  of  the  place  where  the  mixture  or  compound  has  been  manufac- 
tured or  produced. 

If  the  name  of  the  place  be  one  which  is  found  in  different  States, 
Territories,  or  countries,  the  name  of  the  State,  Territory,  or  country, 
as  well  as  the  name  of  the  place,  must  be  stated. 

Regulation  27.  Substances  Named  in  Drugs  or  Foods. — The  term 
"alcohol"  is  defined  to  mean  common  or  ethyl  alcohol.  No  other  kind 
of  alcohol  is  permissible  in  the  manufacture  of  drugs,  except  as  speci- 
fied in  the  United  States  Pharmacopceia  or  National  Formulary. 

The  words  alcohol,  morphine,  opium,  etc.,  and  the  quantities  and 
proportions  thereof,  shall  be  printed  in  letters  corresponding  in  size 
with  those  prescribed  in  Regulation  16. 

A  drug  is  misbranded  in  case  it  fails  to  bear  a  statement  on  the  label 
of  the  quantity  or  proportion  of  any  alcohol,  morphine,  opium,  heroin, 
cocaine,  alpha  or  beta  eucaine,  chloroform,  cannabis  indica,  chloral 
hydrate,  or  acetanilide,  or  any  derivative  or  preparation  of  any  such 
substances  contained  therein. 


CALIFORNIA  PURE   FOOD   REGULATIONS.  965 

A  statement  of  the  maximum  quantity  or  proportion  of  any  such  sub- 
stances present  will  meet  the  requirements,  provided  the  maximum 
stated  does  not  vary  materially  from  the  average  quantity  or  pro- 
portion. 

In  case  the  actual  quantity  or  proportion  is  stated  it  shall  be  the 
average  quantity  or  proportion  with  the  variations  noted  in  Regula- 
tion 28. 

The  following  are  the  principal  derivatives  and  preparations  made 
from  the  articles  which  are  required  to  be  named  upon  the  label: 
Alcohol,  Ethyl:  (Cologne  spirits,  grain  alcohol,  rectified  spirits,  and 
spirits  of  wine.) 
Derivatives — • 

Aldehyde,  ether,  ethyl  acetate,  ethyl  nitrite,  and  paraldehyde. 
Preparations  containing  alcohol — 

Bitters,  brandies,  cordials,  elixirs,  essences,  fluid  extracts,  spirits, 
sirups,  tinctures,  tonics,  whiskies,  and  wines. 

Morphine,  Alkaloid: 
Derivatives — 

Apomorphine,  dionine,  peronine,  morphine  acetate,  hydrochlorid, 
sulphate,  and  other  salts  of  morphine. 
Preparations  containing  morphine  or  derivatives  of  morphine — 
Bougies,  catarrh  snuff,  chlorodyne,  compound  powder  of  morphine, 
crayons,  elixirs,  granules,  pills,  solutions,  sirups,  suppositories, 
tablets,  triturates,  and  troches. 

Opium,  Gum  : 

Preparations  of  opium — 

Extracts,  denarcotized  opium,  granulated  opium,  and  powdered 
opium,  bougies,  brown  mixture,  carminative  mixtures,  crayons, 
Dover's  powders,  elixirs,  liniments,  ointments,  paregoric,  pills, 
plasters,  sirups,  suppositories,  tablets,  tinctures,  troches,  vine- 
gars, and  wines. 
Derivatives — 

Codeine,  alkaloid,  hydrochlorid,  phosphate,  sulphate,  and  other 
salts  of  codeine. 
Preparations  containing  codeine  or  its  salts — 
Elixirs,  pills,  sirups,  and  tablets. 

Cocaine,  Alkaloid: 
Derivatives — 

Cocaine  hydrochlorid,  oleate,  and  other  salts. 
Preparations  containing  cocaine  or  salts  of  cocaine — 

Coca  leaves,  catarrh  powders,  elixirs,  extracts,  infusion  of  coca, 
ointments,  paste  pencils,  pills,  solutions,  sirups,  tablets,  tinc- 
tures, troches,  and  wines. 
Heroin  : 

Preparations  containing  heroin — 
Sirups,  elixirs,  pills,  and  tablets. 


966  hillyer's  legal  manual. 

Alpha  and  Beta  Eucaine  : 
Preparations — 

Mixtures,  ointments,  powders,  and  solutions. 
Chloroform  : 

Preparations  containing  chloroform — 

Chloranodyne,  elixirs,  emulsions,  liniments,  mixtures,  spirits,  and 
sirups. 

Cannabis  Indica: 

Preparations  of  cannabis  indica — 

Corn  remedies,  extracts,  mixtures,  pills,  powders,  tablets,  and 
tinctures. 

Chloral  Hydrate  (Chloral  U.  S.  Pharmacopoeia,  1890)  : 
Derivatives — 

Chloral  acetophenonoxim,  chloral  alcoholate,  chloralamide,  chlor- 
alimide,  chloral  orthoform,  chloralose,  dormiol,  hypnal,  and 
uraline. 
Preparations  containing  chloral  hydrate  or  its  derivatives — 

Chloral  camphorate,  elixirs,  liniments,  mixtures,  ointments,  sup- 
positories, sirups,  and  tablets. 

Acetanilide  (Antifebrine,  Phenylacetamide)  : 
Derivatives — ■ 

Acetphenetidine,  citrophen,  diacetanilide,  lactophenin,  methoxy- 
acetanilide,  methylacetanilide,  para-iodoacetanilide,  and  phen- 
acetine. 
Preparations  containing  acetanilide  or  derivatives — 

Analgesics,  antineuralgics,  antirheumatics,  cachets,  capsules,  cold 
remedies,  elixirs,  granular  effervescing  salts,  headache  powders, 
mixtures,  pain  remedies,  pills,  and  tablets. 

In  declaring  the  quantity  or  proportion  of  any  of  the  specified  sub- 
stances the  names  by  which  they  are  designated  in  the  act  shall  be 
used,  and  in  declaring  the  quantity  or  proportion  of  derivatives  of 
any  of  the  specified  substances,  in  addition  to  the  trade  name  of  the 
derivative,  the  name  of  the  specified  substance  shall  also  be  stated, 
so  as  to  indicate  clearly  that  the  product  is  a  derivative  of  the  par- 
ticular specified  substance. 

Regulation  28.  Statement  of  Weight  or  Measure. — A  statement  of 
the  weight  or  measure  of  the  food  contained  in  a  package  is  not 
required.  If  any  such  statement  is  printed,  it  shall  be  a  plain  and 
correct  statement  of  the  average  net  weight  or  volume,  either  on  or 
immediately  above  or  below  the  principal  label,  and  of  the  size  of  let- 
ters specified  in  Regulation  16. 

A  reasonable  variation  from  the  stated  weight  for  individual  pack- 
ages is  permissible,  provided  this  variation  is  as  often  above  as  below 
the  weight  or  volume  stated.  This  variation  shall  be  determined  from 
the  changes  in  the  humidity  of  the  atmosphere,  from  the  exposure  of 


CALIFORNIA   PURE   FOOD   RE^'rULATIONS.  967 

the  package  to  evaporation  or  to  absorption  of  water,  and  the  reason- 
able variations  which  attend  the  filling  and  weighing  or  measuring 
of  a  package. 

Regulation  29.  Method  of  Stating  Quantity  or  Proportion. — In  the 
case  of  alcohol  the  expression  "per  cent  of  volume"  shall  mean  the 
average  percentage  by  volume  in  the  finished  product.  In  the  case  of 
the  other  ingredients  required  to  be  named  upon  the  label,  the  expression 
''quantity"  or  "proportion"  shall  mean  grains  or  minims  per  ounce 
or  fluid  ounce,  and  also,  if  desired,  the  metric  equivalents  therefor,  or 
milligrams  per  gram  or  per  cubic  centimeter,  or  grams  or  cubic  centi- 
meters per  kilogram  or  per  liter;  provided,  that  these  articles  shall 
not  be  deemed  misbranded  if  the  maximum  of  quantity  or  proportion 
be  stated,  as  required  in  Regulation  27. 

EXPORTS  OF  FOODS  AND  DRUGS. 

Regulation  30.  Preparation  of  Products  for  Export. — ^Food  prod- 
ucts intended  for  export  may  contain  added  substances  not  permitted 
in  foods  intended  for  domestic  commerce,  when  the  addition  of  such 
substances  does  not  conflict  with  the  laws  of  the  countries  to  which 
the  food  product  is  to  be  exported  and  when  such  substances  are  added 
in  accordance  with  the  directions  of  the  foreign  purchaser  or  his  agent. 

The  exporter  is  not  required  to  furnish  evidence  that  goods  have 
been  prepared  or  packed  in  compliance  with  the  laws  of  the  foreign 
country  to  which  said  goods  are  intended  to  be  shipped,  but  such  ship- 
ment is  made  at  his  own  risk. 

Food  products  for  export  under  this  regulation  shall  be  kept  separate 
and  labeled  to  indicate  that  they  are  for  export. 

If  the  products  are  not  exported  they  shall  not  be  allowed  to  enter 
domestic  commerce. 

Regulation  31.  Denaturing. — Unless  otherwise  declared  on  the  in- 
voice, all  substances  ordinarily  used  as  food  products  will  be  treated 
as  such.  Shipments  of  substances  ordinarily  used  as  food  products 
intended  for  technical  purposes  should  be  accompanied  by  a  declaration 
stating  that  fact.  Such  products  should  be  denatured  before  entry, 
but  denaturing  may  be  allowed  under  customs  supervision,  with  the 
consent  of  the  Secretary  of  the  Treasury,  or  the  Secretary  of  the 
Treasury  may  release  such  products  without  denaturing,  under  such 
conditions  as  may  preclude  the  possibility  of  their  use  as  food  products. 

Regulation  32.  Alteration  and  Amendment  of  Regulations. — These 
regulations  may  be  altered  or  amended  at  any  time,  without  previous 
notice,  with  the  concurrence  of  the  Secretary  of  the  Treasury,  the  Sec- 
retary of  Agriculture,  and  the  Secretary  of  Commerce  and  Labor. 


968  hillyer's  legal  manual. 


FOOD  SANITATION  ACT  OF  MARCH  6, 1909. 

(Stats.  1909,  p.  151.) 

§  1.  "Food"  defined. 

§  2.  Unsanitary  conditions  defined. 

§  3.  Bakeries,  etc.,  walls  to  be  painted,  etc. 

§  4.  Screens,  where  required. 

§  5.  Toilets  and  lavatories. 

§  6.  Cuspidors  required  for  operatives. 

§  7.  Sleeping  in  bakeries,  etc.,  forbidden. 

§  8.  Diseased  persons  not  to  be  employed. 

§  9.  Inspection. 

§  10.  Violations  of  act  are  nuisances. 

§  11.  Violations  of  act  are  misdemeanors. 

§  1.  Place  Used  for  the  Production,  Preparation  for  Sale,  Manu- 
facture, Packing,  Storage,  Sale  or  Distribution  of  Food — Conditions. — 

Every  building,  room,  basement  or  cellar,  occupied,  or  used  as  a 
bakery,  confectionery,  cannery,  packing-house,  slaughter-house,  restau- 
rant, hotel,  grocery,  meat  market,  or  other  place  or  apartment,  used 
for  the  production,  preparation  for  sale,  manufacture,  packing,  storage, 
sale  or  distribution  of  any  food,  shall  be  properly  lighted,  drained, 
plumbed  and  ventilated,  and  conducted  with  strict  regard  to  the  influ- 
ence of  such  conditions  upon  the  health  of  the  operatives,  employees, 
clerks  or  other  persons  therein  employed,  and  the  purity  and  Avhole- 
someness  of  the  food  therein  produced,  kept,  handled  or  sold ;  and  for 
the  purpose  of  this  act  the  term  ''food"  shall  include  all  articles  used 
for  food,  drink,  confectionery  or  condiment,  whether  simple  or  com- 
pound, and  all  substances  and  ingredients  used  in  the  preparation 
thereof. 

§  2.  Floors,  Sidewalls,  Ceilings,  Furniture,  Receptacles,  Utensils, 
Implements  and  Machinery. — The  floors,  sidewalls,  ceilings,  furniture, 
receptacles,  utensils,  implements  and  machinery  of  every  establishment 
or  place  where  food  is  manufactured,  packed,  stored,  sold  or  distrib- 
uted, shall  at  no  time  be  kept  in  an  unclean,  unhealthful  or  unsanitary 
condition;  and  for  the  purposes  of  this  act,  unclean,  unhealthful  and 
unsanitary  conditions  shall  be  deemed  to  exist  if  food  in  the  process 
of  manufacture,  preparation,  packing,  storing,  sale  or  distribution  is 
not  securely  protected  from  flies,  dust,  dirt,  unsanitary  conditions,  and 
as  far  as  may  be  necessary,  by  all  reasonable  means  from  all  other 
foreign  or  injurious  contamination;  and  if  the  refuse,  dirt,  and  the 
waste  products  subject  to  decomposition  and  fermentation  incident  to 
the  manufacture,  preparation,  packing,  storing,  selling  and  distributing 
of  food,  are  not  removed  daily ;  and  if  all  trucks,  trays,  boxes,  baskets, 
buckets,  and  other  receptacles,  chutes,  platforms,  racks,  tables,  shelves, 
and  all  knives,  saws,  cleavers,  and  all  other  utensils,  receptacles,  and 
machinery,  used  in  moving,  handling,  cutting,  chopping,  mixing,  can- 
ning, and  all  other  processes  used  in  the  preparation  of  food,  are  not 


CALIFORNIA  FOOD   SANITATION   ACT.  969 

thoroughly  cleaned  daily ;  and  if  the  clothing  of  operatives,  employees, 
clerks,  and  other  persons  therein  employed,  is  unclean,  or  if  they  dress 
or  undress,  or  leave  or  store  their  clothing  therein. 

§  3.  Sidewalls  and  Ceilings  and  All  Interior  Woodwork. — The  side- 
walls  and  ceilings  of  every  bakery,  confectionery,  hotel  and  restaurant 
kitchen,  shall  be  well  plastered,  or  ceiled,  with  metal  or  lumber,  or 
shall  be  oil  painted  or  kept  well  lime  washed,  or  otherwise  kept  in  a 
good  sanitary  condition  and  all  interior  woodwork  of  every  bakery, 
confectionery,  hotel  or  restaurant  kitchen  shall  be  kept  well  oiled  or 
painted  with  oil  paint,  and  be  kept  washed  clean  with  soap  and  water 
or  otherwise  kept  in  a  good  sanitary  condition;  and  every  building, 
room,  basement  or  cellar,  occupied  or  used  for  the  preparation,  manu- 
facture, packing,  storage,  sale  or  distribution  of  food,  shall  have  an 
impermeable  floor,  made  of  cement  or  tile  laid  in  cement,  brick,  wood 
or  other  suitable  nonabsorbent  material  which  can  be  flushed  and 
washed  clean  with  water. 

§  4.    Doors,  Windows  and  Other  Openings  Fitted  With  Screens. — 

The  doors,  windows  and  other  openings  of  every  food  producing  or 
distributing  establishment,  where  practicable,  shall  be  fitted  with 
stationary  or  self-closing  screen  doors  and  wire  window  screens,  of  not 
coarser  than  fourteen  mesh  wire  gauze. 

§  5.  Toilet  or  Toilet-rooms  —  Lavatories  and  Washrooms. — Every 
building,  room,  basement  or  cellar,  occupied  or  used  for  the  prepara- 
tion, manufacture,  packing,  canning,  sale  or  distribution  of  food,  shall 
have  convenient  toilet  or  toilet-rooms,  separate  and  apart  from  the 
room  or  rooms  where  the  process  of  production,  manufacture,  packing, 
canning,  selling  or  distributing  is  conducted.  The  floors  of  such  toilet- 
rooms  shall  be  of  cement,  tile  laid  in  cement,  wood,  brick  or  other 
nonabsorbent  material,  and  shall  be  washed  and  scoured  daily.  Such 
toilets  shall  be  furnished  with  separate  ventilating  pipes  or  flues,  dis- 
charging into  soil  pipes,  or  on  the  outside  of  the  building  in  which 
they  are  situated.  Lavatories  and  washrooms  shall  be  adjacent  to 
toilet  rooms,  and  shall  be  supplied  with  soap,  running  water  and  towels, 
and  shall  be  maintained  in  a  clean  and  sanitary  condition.  Operatives, 
employees,  clerks  and  all  persons  who  handle  the  material  from  which 
food  is  prepared,  or  the  finished  product,  before  beginning  work  and 
immediately  after  visiting  a  toilet  or  lavatory  shall  wash  their  hands 
and  arms  thoroughly  in  clean  water. 

§  6.  Cuspidors. — Cuspidors,  for  the  use  of  operatives,  employees, 
clerks  and  other  persons,  shall  be  provided,  and  each  cuspidor  shall  be 
emptied  and  washed  out  daily  with  disinfectant  solution  and  not  less 
than  five  ounces  of  such  solution  shall  be  left  in  each  cuspidor  while 
in  use.  No  operative,  employee,  clerk  or  other  person,  shall  expecto- 
rate or  discharge  any  substance  from  his  nose  or  mouth,  on  the  floor 
or  interior  sidewall  of  any  building,  room,  basement,  or  cellar  where 
the  production,  manufacture,  packing,  storing,  preparation  or  sale  of 
any  food  product  is  conducted. 


970  hillyer's  legal  manual. 

§  7.    No  Person  Allowed  to  Reside  or  Sleep  Where  Food  Prepared. 

No  person  shall  be  allowed  to,  nor  shall  he,  reside  or  sleep  in  any  room 
of  a  bake-shop,  public  dining-room,  hotel  or  restaurant  kitchen,  con- 
fectionery, or  other  place  where  food  is  prepared,  produced,  manu- 
factured, served  or  sold. 

§  8.  Person  Afflicted  With  Infectious  or  Contagious  Disease. — No 
employer  shall  require,  permit  or  suffer  any  person  to  work,  nor  shall 
any  person  work,  in  a  building,  room,  basement,  cellar,  place  or  vehicle, 
occupied  or  used  for  the  production,  preparation,  manufacture,  pack- 
ing, storage,  sale,  distribution  or  transportation  of  food,  who  is  afflicted 
or  affected  with  any  venereal  disease,  smallpox,  diphtheria,  scarlet 
fever,  yellow  fever,  tuberculosis,  consumption,  bubonic  plague,  Asiatic 
cholera,  leprosy,  trachoma,  typhoid  fever,  epidemic  dysentery,  measles, 
mumps,  German  measles,  whooping-cough,  chicken-pox,  or  any  other 
infectious  or  contagious  disease. 

§  9.  Inspection. — The  members  of  the  State  Board  of  Health,  in- 
spectors and  agents  appointed  by  said  board,  and  all  local  health 
officers  and  inspectors,  shall  have  full  power  at  all  times  to  enter  every 
building,  room,  basement,  cellar,  or  any  place  occupied  or  used,  or 
suspected  or  being  occupied  or  used,  for  the  production,  manufacture, 
preparation,  storage,  sale  or  distribution  of  food,  and  to  inspect  the 
premises  and  all  utensils,  implements,  receptacles,  fixtures,  furniture 
and  machinery  used  as  aforesaid,  and  if,  upon  inspection,  any  such 
building,  room,  basement,  cellar,  or  any  such  place,  vehicle,  employer, 
operative,  employee,  clerk,  driver,  or  other  person,  is  found  to  be  in 
violation  or  violating  any  of  the  provisions  of  this  act,  or  if  the  pro- 
duction, preparation,  manufacture,  packing,  storing,  sale  or  distribu- 
tion of  food  is  being  conducted  in  a  manner  detrimental  to  the  health 
of  the  employees  or  operatives  or  to  the  character  or  quality  of  the 
food  therein  being  produced,  manufactured,  packed,  stored,  sold,  dis- 
tributed or  conveyed,  the  officer  or  inspector  making  the  examination 
shall  at  once  make  a  written  report  of  the  same  to  the  district  attorney 
of  the  county  who  shall  prosecute  all  persons  violating  any  of  the  pro- 
visions of  this  act,  and  also  to  the  State  Board  of  Health.  The  State 
Board  of  Health,  from  time  to  time,  as  in  its  discretion  it  may  deter- 
mine, may  publish  such  reports  in  its  monthly  bulletin. 

§  10.  Nuisances. — All  buildings,  rooms,  basements,  cellars,  and 
other  places  and  things,  kept,  maintained  or  operated,  or  which  are, 
in  violation  of  the  provisions  of  this  act  or  any  of  them,  and  all  food 
produced,  prepared,  manufactured,  packed,  stored,  kept,  sold,  dis- 
tributed or  transported  in  violation  of  the  provisions  of  this  act  or  any 
of  them,  are  hereby  declared  to  be  public  nuisances,  dangerous  to 
health.  Such  nuisances  may  be  abated  or  enjoined,  in  an  action 
brought  for  that  purpose  by  the  local  or  State  Board  of  Health,  or  they 
may  be  summarily  abated  in  the  manner  provided  by  law  for  the  sum- 
mary abatement  of  public  nuisances  dangerous  to  health. 

§  11.  Penalty. — Any  person,  firm  or  corporation,  whether  as  prin- 
cipal or  agent,  employer  or  employee,  who  violates  any  of  the  pro- 


CALIFORNIA   COLD   STORAGE   ACT.  971 

visions  of  this  act  shall  be  guilty  of  a  misdemeanor,  and  each  day  that 
conditions  or  actions,  in  violation  of  this  act,  shall  continue,  shall  be 
deemed  to  be  a  separate  and  distinct  offense,  and  for  each  offense,  upon 
conviction,  he  shall  be  punished  by  a  fine  of  not  less  than  twenty-five 
dollars  nor  more  than  five  hundred  dollars,  or  shall  be  imprisoned  in 
the  county  jail  for  a  term  not  exceeding  six  months,  or  by  both  such 
fine  and  imprisonment. 


ACTS  RELATIVE  TO  LABELING  OF  COLD  STORAGE 
EGGS  AND  BUTTER. 

Act  regulating  the  sale  of  cold  storage  eggs  and  butter,  represented 
to  be  fresh  eggs  and  butter,  and  fixing  a  penalty  for  the  violation 
thereof. 

(Approved  March  6,  1911.) 

§  1.  Every  person,  firm,  company  or  corporation,  who  sells  or 
offers  for  sale  any  cold  storage  eggs  or  butter,  as  and  for  fresh  eggs 
or  butter,  or  who  by  any  means  whatever  represents  the  same  to  be 
fresh  eggs  or  butter  is  guilty  of  a  misdemeanor.  (Stats,  of  1911, 
p.  285.) 

Act  to  regulate  the  sale  of  eggs  and  butter  that  have  been  in  cold 
storage  for  a  longer  period  than  three  months,  requiring  the  label- 
ing thereof  by  all  persons  selling  or  offering  the  same  for  sale, 
empowering  and  directing  the  State  Board  of  Health  to  make 
rules  and  regulations  to  carry  this  act  into  effect  and  fixing  pen- 
alties for  the  violation  of  the  same,  or  any  of  the  provisions. 

(Approved  March  14,  1911.) 

§  1.  Person,  Firm,  Company  or  Corporation. — ^For  the  purpose  of 
this  act  the  words  '' person,  firm,  company  or  corporation"  shall  in- 
clude wholesalers,  retailers,  jobbers,  and  every  place  where  eggs  or 
butter  that  have  been  in  cold  storage  for  a  longer  period  than  three 
months  are  sold  or  offered  for  sale. 

§  2.  Period  to  be  Stamped. — Every  person,  firm,  company  or  cor- 
poration, who  sells  or  offers  for  sale  any  eggs  or  butter  that  have  been 
in  cold  storage  for  a  longer  period  than  three  months  shall  before  so 
doing  cause  to  be  stamped,  marked  or  branded  upon  all  sides  of  each 
receptacle  holding  and  containing  the  same  in  black-faced  letters  two 
inches  in  length  the  period  of  time  during  which  the  same  have  been 
in  cold  storage. 

§  3.  Sign. — That  every  person,  firm,  company  or  corporation  selling 
or  offering  for  sale  any  cold  storage  eggs  or  butter,  shall  display  in  a 
conspicuous  place  in  his  or  their  salesroom,  a  sign  bearing  the  words 
''Cold  storage  eggs  or  butter  sold  here"  in  black-faced  letters  not  less 
than  six  inches  in  length,  upon  a  white  ground. 

§  4.  Penalty. — Every  person,  firm,  company  or  corporation,  who 
shall  fail  to  comply  with  any  of  the  provisions  of  this  act  is  guilty  of 


972  hillyer's  legal  manual. 

a  misdemeanor  and  punishable  by  imprisonment  in  the  county  jail 
for  a  term  not  exceeding  six  months,  or  a  fine  of  two  hundred  and 
fifty  dollars  or  both  fine  and  imprisonment. 

§  5.  Rules  and  Regulations. — The  State  Board  of  Health  is  hereby 
authorized  and  directed  to  make  rules  and  regulations  necessary  to 
carry  this  act  into  effect. 

§  6.  Act,  When  Effective.— This  act  shall  take  effect  immediately. 
(Stats.  1911,  p.  356.) 

WHITE  SLAVE  TRAFFIC. 

(Act  of  June  25,  1910,  c.  395;  36  Stats,  at  Large,  825.) 

§  1.  Interstate  Commerce  Defined. — That  the  term  ''interstate  com- 
merce," as  used  in  this  act,  shall  include  transportation  from  any  State 
or  Territory  or  the  District  of  Columbia  to  any  other  State  or  Terri- 
tory or  the  District  of  Columbia,  and  the  term  "foreign  commerce," 
as  used  in  this  act,  shall  include  transportation  from  any  State  or 
Territory  or  the  District  of  Columbia  to  any  foreign  country  and  from 
any  foreign  country  to  any  State  or  Territory  or  the  District  of 
Columbia. 

§  2.  Transportation  for  Immoral  Purposes. — That  any  person  who 
shall  knowingly  transport  or  cause  to  be  transported,  or  aid  or  assist 
in  obtaining  transportation  for,  or  in  transporting,  in  interstate  or 
foreign  commerce,  or  in  any  Territory  or  in  the  District  of  Columbia, 
any  woman  or  girl  for  the  purpose  of  prostitution  or  debauchery,  or 
for  any  other  immoral  purpose,  or  w4th  the  intent  and  purpose  to 
induce,  entice,  or  compel  such  woman  or  girl  to  become  a  prostitute 
or  to  give  herself  up  to  debauchery,  or  to  engage  in  any  other  immoral 
practice;  or  who  shall  knowingly  procure  or  obtain,  or  cause  to  be 
procured  or  obtained,  or  aid  or  assist  in  procuring  or  obtaining  any 
ticket  or  tickets,  or  any  form  of  transportation  or  evidence  of  the  right 
thereto,  to  be  used  by  any  woman  or  girl  in  interstate  or  foreign  com- 
merce, or  in  any  Territory  or  the  District  of  Columbia,  in  going  to 
any  place  for  the  purpose  of  prostitution  or  debauchery,  or  for  any 
other  immoral  purpose,  or  with  the  intent  or  purpose  on  the  part  of 
such  person  to  induce,  entice,  or  compel  her  to  give  herself  up  to  the 
practice  of  prostitution,  or  to  give  herself  up  to  debauchery,  or  any 
other  immoral  practice,  whereby  any  such  woman  or  girl  shall  be 
transported  in  interstate  or  foreign  commerce,  or  in  any  Territory  or 
the  District  of  Columbia,  shall  be  deemed  guilty  of  a  felony,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  not  exceeding  five  thou- 
sand dollars,  or  by  imprisonment  of  not  more  than  five  years,  or  by 
both  such  fine  and  imprisonment,  in  the  discretion  of  the  court. 

§  3.  Inducing,  Coercing  or  Persuading. — That  any  person  who  shall 
knowingly  persuade,  induce,  entice,  or  coerce,  or  cause  to  be  per- 
suaded, induced,  enticed,  or  coerced,  or  aid  or  assist  in  persuading, 
inducing,  enticing  or  coercing  any  woman  or  girl  to  go  from  one  place 


FEDERAL   WHITE   SLAVE   LAW.  973 

to  another  in  interstate  or  foreign  commerce,  or  in  any  Territory  or 
the  District  of  Columbia,  for  the  purpose  of  prostitution  or  debauchery, 
or  for  any  other  immoral  purpose,  or  with  the  intent  and  purpose  on 
the  part  of  such  person  that  such  woman  or  girl  shall  engage  in  the 
practice  of  prostitution  or  debauchery,  or  any  other  immoral  practice, 
whether  with  or  without  her  consent,  and  who  shall  thereby  knowingly 
cause  or  aid  or  assist  in  causing  such  woman  or  girl  to  go  and  to  be 
carried  or  transported  as  a  passenger  upon  the  line  or  route  of  any 
common  carrier  or  carriers  in  interstate  or  foreign  commerce,  or  any 
Territory  or  the  District  of  Columbia,  shall  be  deemed  guilty  of  a  felony 
and  on  conviction  thereof  shall  be  punished  by  a  fine  of  not  more  than 
five  thousand  dollars,  or  by  imprisonment  for  a  term  not  exceeding 
five  years,  or  by  both  such  fine  and  imprisonment,  in  the  discretion  of 
the  court. 

§  4.  Girl  Under  Eighteen  Years. — That  any  person  who  shall  know- 
ingly persuade,  induce,  entice,  or  coerce  any  woman  or  girl  under  the 
age  of  eighteen  years  from  any  State  or  Territory  or  the  District  of 
Columbia,  with  the  purpose  and  intent  to  induce  or  coerce  her,  or  that 
she  shall  be  induced  or  coerced  to  engage  in  prostitution  or  debauchery, 
or  any  other  immoral  practice,  and  shall  in  furtherance  of  such  purpose 
knowingly  induce  or  cause  her  to  go  and  to  be  carried  or  transported 
as  a  passenger  in  interstate  commerce  upon  the  line  or  route  of  any 
common  carrier  or  carriers,  shall  be  deemed  guilty  of  a  felony,  and 
on  conviction  thereof  shall  be  punished  by  a  fine  of  not  more  than 
ten  thousand  dollars,  or  by  imprisonment  for  a  term  not  exceeding  ten 
years,  or  by  such  fine  and  imprisonment,  in  the  discretion  of  the  court. 

§  5.  Jurisdiction. — That  any  violation  of  any  of  the  above  sections 
2,  3  and  4  shall  be  prosecuted  in  any  court  having  jurisdiction  of 
crimes  within  the  district  in  which  said  violation  was  committed,  or 
from,  through,  or  into  which  any  such  woman  or  girl  may  have  been 
carried  or  transported  as  a  passenger  in  interstate  or  foreign  com- 
merce, or  in  any  Territory  or  the  District  of  Columbia,  contrary  to  the 
provisions  of  any  of  said  sections. 

§  6.  Bureau  of  Information.— That  for  the  purpose  of  regulating 
and  preventing  the  transportation  in  foreign  commerce  of  alien  women 
and  girls  for  purposes  of  prostitution  and  debauchery,  and  in  pur- 
suance of  and  for  the  purpose  of  carrying  out  the  terms  of  the  agree- 
ment or  project  of  arrangement  for  the  suppression  of  the  white  slave 
traffic,  adopted  July  25,  1902,  for  submission  to  their  respective  gov- 
ernments by  the  delegates  of  various  powers  represented  at  the  Paris 
conference  and  confirmed  by  a  formal  agreement  signed  at  Paris  on 
May  18,  1904,  and  adhered  to  by  the  United  States  on  June  6,  1908, 
as  shown  by  the  proclamation  of  the  President  of  the  United  States, 
dated  June  15,  1908,  the  Commissioner  General  of  Immigration  is 
hereby  designated  as  the  authority  of  the  United  States  to  receive  and 
centralize  information  concerning  the  procuration  of  alien  women  and 
girls  with  a  view  to  their  debauchery,  and  to  exercise  supervision  over 
such  alien  women  and  girls,  receive  their  declarations,  establish  their 


974 

identity,  and  ascertain  from  them  who  induced  them  to  leave  their 
native  countries,  respectively;  and  it  shall  be  the  duty  of  said  Com- 
missioner General  of  Immigration  to  receive  and  keep  on  file  in  his 
office  the  statements  and  declarations  which  may  be  made  by  such 
alien  women  and  girls,  and  those  which  are  hereinafter  required  per- 
taining to  such  alien  women  and  girls  engaged  in  prostitution  or 
debauchery  in  this  country,  and  to  furnish  receipts  for  such  statements 
and  declarations  provided  for  in  this  act  to  the  persons,  respectively, 
making  and  filing  them. 

Statements  to  be  Filed. — Every  person  who  shall  keep,  maintain,  con- 
trol, support  or  harbor  in  any  house  or  place  for  the  purpose  of  prostitu- 
tion, or  for  any  other  immoral  purpose,  any  alien  woman  or  girl  within 
three  years  after  she  shall  have  entered  the  United  States  from  any 
country,  party  to  the  said  arrangement  for  the  suppression  of  the  white 
slave  traffic,  shall  file  with  the  Commissioner  General  of  Immigration  a 
statement  in  writing  setting  forth  the  name  of  such  alien  woman  or  girl, 
the  place  at  which  she  is  kept,  and  all  facts  as  to  the  date  of  her 
entry  into  the  United  States,  the  port  through  which  she  entered,  her 
age,  nationality,  and  parentage,  and  concerning  her  procuration  to 
come  to  this  country  within  the  knowledge  of  such  person,  and  any 
person  who  shall  fail,  within  thirty  days  after  such  person  shall  com- 
mence to  keep,  maintain,  control,  support,  or  harbor  in  any  house  or 
place  for  the  purpose  of  prostitution,  or  for  any  other  immoral  pur- 
pose, any  alien  woman  or  girl  within  three  years  after  she  shall  have 
entered  the  United  States  from  any  of  the  countries,  party  to  the  said 
arrangement  for  the  suppression  of  the  white  slave  traffic,  to  file  such 
statement  concerning  such  alien  woman  or  girl  with  the  Commissioner 
General  of  Immigration,  or  who  shall  knowingly  and  willfully  state 
falsely  or  fail  to  disclose  in  such  statement  any  fact  within  his  knowl- 
edge or  belief  with  reference  to  the  age,  nationality,  or  parentage  of 
any  such  alien  or  girl,  or  concerning  her  procuration  to  come  to  this 
country,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
shall  be  punished  by  a  fine  of  not  more  than  two  thousand  dollars, 
or  by  imprisonment  for  a  term  not  exceeding  two  years,  or  by  both 
such  fine  and  imprisonment,  in  the  discretion  of  the  court. 

Burden  of  Proof — Immunity. — In  any  prosecution  brought  under 
this  section,  if  it  appear  that  any  such  statement  required  is  not 
on  file  in  the  office  of  the  Commissioner  General  of  Immigration,  the 
person  whose  duty  it  shall  be  to  file  such  statement  shall  be  presumed 
to  have  failed  to  file  said  statement,  as  herein  required,  unless  such 
person  or  persons  shall  prove  otherwise.  No  person  shall  be  excused 
from  furnishing  the  statement,  as  required  by  this  section,  on  the 
ground  or  for  the  reason  that  the  statement  so  required  by  him,  or  the 
information  therein  contained,  might  tend  to  criminate  him  or  subject 
him  to  a  penalty  of  forfeiture,  but  no  person  shall  be  prosecuted  or 
subjected  to  any  penalty  or  forfeiture  under  any  law  of  the  United 
States  for  or  on  account  of  any  transaction,  matter  or  thing,  concern- 
ing which  he  may  truthfully  report  in  such  statement,  as  required  by 
the  provisions  of  this  section. 


FEE   TABLE.  975 

§  7.  Words  Defined.— That  the  term  '' Territory/ '  as  used  in  this 
act,  shall  include  the  district  of  Alaska,  the  insular  possessions  of  the 
United  States,  and  the  Canal  Zone.  The  word  ''person,"  as  used  in 
this  act,  shall  be  construed  to  import  both  the  plural  and  the  singular, 
as  the  case  demands,  and  shall  include  corporations,  companies,  soci- 
eties and  associations.  When  construing  and  enforcing  the  provisions 
of  this  act,  the  act,  omission,  or  failure  of  any  officer,  agent,  or  other 
person,  acting  for  or  employed  by  any  other  person  or  by  any  cor- 
poration, company,  society,  or  association  within  the  scope  of  his 
employment  or  office,  shall  in  every  case  be  also  deemed  to  be  the  act, 
omission,  or  failure  of  such  other  person,  or  of  such  company,  corpora- 
tion, society,  or  association,  as  well  as  that  of  the  person  himself. 

§  8.  Name  of  Act. — That  this  act  shall  be  known  and  referred  to 
as  the  ''White  Slave  Traffic  Act." 


TABLE  OF  FEES. 

Administrators. 
(C.  C.  P.  1618.) 

For  the  first  $1,000 7% 

For  the  next    9,000 4% 

For  the  next  10,000 3% 

For  the  next  30,000 2% 

For  the  next  50,000 1% 

For  all  over  100,000 i% 

And  if  estate  is  distributed  in  kind,  %  of  above  fees  for  all  over 
$20,000. 

Appellate  Court. 
See  District  Court  of  Appeals. 

Appraisers. 

Of  estates  of  decedents  (C.  C.  P.  1444)  not  exceeding  per  day $5  00 

Of  rental  value  in  probate  leases  (C.  C.  P.  1570)  not  exceeding 

per  day   5  00 

Of  lost  property  (Pol.  C.  3137,  3157)  the  same  fees  allowed  for 

similar  services  in  other  cases 5  00 

Of  homestead  (C.  C.  1258)  not  exceeding 5  00 

Assessors,  County. 

Seizing  and  selling  personal  property  (Pol.  C.  3793) 3  00 

Mileage — Same  as  sheriff. 

For  royalty  on  minerals  taken  from  waters  on  State  lands,  per  ton       25 

Koyalty  on  sodium  bicarbonate,   and    sodium  hydrate,   per  ton 

(Stats.  1911,  p.  1154)   50 

For  lease  of  State  lands  containing  minerals,  per  acre  annually 

(Stats.  1911,  p.  1154) 2  50 

For  rights  of  way  to  waters  or  land  for  the  purpose  of  taking 

minerals,  per  acre  annually  (Stats.  1911,  p.  1154) 2  50 


976  hillyer's  legal  manual. 

For  services  required  to  be  performed  in  the  formation,  govern- 
ment and  control  of  overflow  district  (Stats.  1911, 
p.  1397) No  fees 

Attorneys'  Collection  Rates  Adopted  by  the  Commercial  Law  League 

of  America. 

On  the  first  three  hundred  dollars 10% 

On  the  excess  of  three  hundred  dollars  to  one  thousand  dollars. .     5% 

On  the  excess  of  one  thousand  dollars 2J% 

Minimum  fee  of 3  00 

Minimum  fee  for  suit 5  00 

Attorneys'  Fees. 

In  cases  of  injunction  to  restrain  division  of  water  (C.  C.  P.  532). 

On  foreclosure  of  mortgages  (C.  C.  P.  726). 

In  case  of  sales  in  escheated  estates  (C.  C.  1271). 

In  foreclosure  against  estate  where  no  claim  presented  (C.  C.  P.  1500). 

In  probate  (C.  C.  P.  1618,  1619,  1616). 

In  actions  for  contribution  between  joint  ditch  owners  (C.  C.  843). 

In  action  on  bond  to  construct  fences,  etc.,  in  eminent  domain  (C.  C.  P. 

1251). 
On  abandonment  of  condemnation  proceedings  (C.  C.  P.  1255a). 
Left  to  parties  (C.  C.  P.  1021). 

In  actions  for  wages  in  justice's  court  (C.  C.  P.  924).. 
In  actions  for  partition  (C.  C.  P.  796,  798). 
In  actions  by  executors  or  administrators  on  his  claim  against  estate 

(C.  C.  P.  1505). 
Negotiable  instruments  may  provide  for  attorneys'  fees  (C.  C.  3088). 
Attorneys'  fees  on  foreclosure  to  be  fixed  by  court    (G.  L.,  p.  1962). 

Attorneys',  Solicitors'  and  Proctors'  Fees  in  Federal  Courts. 

(R.  S.,  §  824;  U.  S.  Comp.  Stats.  1901,  p.  632.) 
On  a  trial  before  a  jury,  in  civil  or  criminal  causes  or  before 
referees,  or  on  a  final  hearing  in  equity  or  admiralty,  a 

docket  fee  of $20  00 

Provided,  that  in  cases  of  admiralty  and  maritime  jurisdiction, 
where   the   libelant   recovers   less   than   fifty   dollars,   the 

docket  fee  of  his  proctor  shall  be  but 10  00 

In  cases  at  law,  when  the  cause  is  discontinued 5  00 

For  scire  facias,  and  other  proceedings,  on  recognizances 5  00 

Each  deposition  taken  and  admitted  in  evidence  in  a  cause 2  50 

Services  rendered  in  cases  removed  from  a  district  to  a  circuit 

court  by  writ  of  error  or  appeal 5  00 

Auditors. 

For  filing  transcript  of  judgment  (C.  C.  P.  710) 50 

Bankruptcy. 

Clerks'  fees  (see  U.  S.  Dist.  Court) 10  00 

Referees  (see  Referees  in  Bankruptcy) 15  00 


FEE   TABLE.  977 

And  for  each  proof  of  claim 25 

And  commission 1% 

Or  where  composition  is  confirmed i  of    1% 

Marshals.     See  U.  S.  Marshals. 

Receivers.     See  Receivers  in  Bankruptcy. 

Trustees.     See  Trustees  in  Bankruptcy. 

Bank,  Superintendent  of. 

See  Superintendent  of  Banks. 

Board  of  Dental  Examiners. 

See  State  Board  of  Dental  Examiners. 

Board  of  Examiners  in  Veterinary  Medicine. 

See  State  Board  of  Examiners  in  Veterinary  Medicine. 

Board  of  Fish  and  Game  Commissioners. 

See  State  Board  of  Fish  and  Game  Commissioners. 

Board  of  Health. 

See  State  Board  of  Health. 

Board  of  Medical  Examiners. 

See  State  Board  of  Medical  Examiners. 

Board  of  Optometry. 

See  State  Board  of  Optometry. 

Board  of  Pharmacy. 

See  State  Board  of  Pharmacy. 

Board  of  Regents  of  University  of  California. 

See  University  of  California. 

Bureau  of  Patents. 

See  Patent  Office. 

Bureau  of  Pensions. 

See  Pensions. 

City  Auditors. 

See  Auditors. 

City  Clerks. 

(Stats.  1898,  p.  287.) 

Issuing  certified  copy  of  death  record 50 

Searching  files  for  death  record,  for  each  hour  or  fraction  thereof. .   .50 

City  Justices. 

See  Justices  of  the  Peace. 
62 


978  HILLYER^S  LEGAL   MANUxVL. 

City  Marshals. 
See  Constables. 

City  Treasurer. 

For  certificate  of  sale  under  street  improvement  act  (Stats.  1911, 
p.   730) 50 

Civil  Service  Commission. 
Witness  fees — The  same  as  are  allowed  witnesses  in  civil  cases  in  courts 
of  record  (Stats.  1913,  p.  1048). 

Clerk  of  District  Court  of  Appeals. 
See  District  Court  of  Appeals. 

Clerk  of  Superior  Court. 

See  County  Clerk. 

Clerk  of  Supreme  Court  of  California. 

See  Supreme  Court  of  California. 

Clerk  of  U.  S.  Circuit  Court  of  Appeals. 

See  United  States  Circuit  Court  of  Appeals. 

Clerk  of  U.  S.  District  Court. 

See  United  States  District  Court. 

Clerk  of  U.  S.  Supreme  Court.  ' 

See  Supreme  Court  of  United  States. 

Commissioners,  Court. 

See  Court  Commissioners. 

Commissioners  of  Deeds. 

Same  as  notaries  public  (Pol.  C.  815). 

Commissioner  of  Immigration. 

See  Immigration  Commissioner. 

Commissioners,  United  States. 

See  United  States  Commissioners. 

Constables. 
(Pol.  C.  4300d.) 

Serving  summons  and  complaint,  for  each  defendant $     50 

Each  copy  of  summons  for  service,  when  made  by  him 25 

Levying  writ  of  attachment 1  00 

Levying  writ  of  execution 1  00 

Executing  order  of  arrest   1  00 

Executing  order  for  the  delivery  of  personal  property 1  00 

Serving  writ  of  attachment  or  execution  on  any  ship,  boat  or 

vessel 3  00 


FEE   TABLE CONSTABLES.  979 

Keeping  personal  property,  such  sum  as  the  court  may  order, 

but  no  more  than,  per  day $  2  00 

Taking  bond  or  undertaking 50 

Copies  of  writs  and  other  papers,  except  summons,  complaint 

and  subpoenas,  per  folio 10 

Serving  any  writ,  notice  or  order,  except  summons,  complaint 

or  subpoenas,  for  each  person  served 50 

Writing  and  posting  each  notice  of  sale  of  property 25 

Furnishing  notice  for  publication 25 

Serving  subpoenas,  each  witness,  including  copy 25 

Collecting  money  on  execution 1-|% 

Executing  and  delivering  certificate  of  sale 50 

Executing  and  delivering  constable's  deed  1  50 

Each  mile  actually  traveled  within  his  township  in  the  service 

of  any  writ,  order  or  paper,  except  a  warrant  of  arrest,  in 

going  only,  per  mile 25 

Traveling  outside  of  his  township  to  serve  such  writ,  order  or 

paper,  in  going  only 15 

Each  mile  traveled  within  his  county  in  executing  warrant  of 

arrest 15 

Each  mile  traveled  out  of  his  county,  both  going  and  returning 

from  place  of  arrest 05 

Executing  a  search-warrant,  such  fees  and  mileage  as  may  be 

allowed  for  executing  warrant  of  arrest. 

Arresting  prisoner  and  bringing  him  into  court  or  jail 1  00 

Summoning  a  jury,  including  mileage 2  00 

Transporting  prisoners  to  and  from  the  county  jail,  the  actual 

cost  of  such  transportation. 
For  acting  as  poundmaster  where  no  poundmaster  has  been 

appointed  within  the  pound  district  (Pol.  C.  4187) 

The  same  fees  allowed  poundmaster. 

Amador. 

(Pol.  C.  4270.) 

For  transporting  prisoners  to  county  jail Actual  expenses 

Butte. 
(Pol.  C.  4248.) 

For  transporting  prisoners  to  county  jail  after  conviction 

Actual  expenses 

Calaveras. 
(Pol.  C.  4269.) 
In  traveling  outside  of  his  township  in  serving  or  executing  a  war- 
rant of  arrest  or  other  paper  in  a  criminal  case. . .  .Actual  expenses 

Colusa. 
(Pol.  C.  4273.) 

For  conveying  prisoners  to  the  county  jail 

Actual  and  necessary  expenses 


980  hillyer's  legal  manual. 

El  Dorado. 
(Pol.  C.  4274.) 

For  transporting  prisoners  to  the  county  jail 

The  actual  necessary  expenses 

For  each  mile  necessarily  traveled,  both  in  going  only,  in  the 
service  of  any  civil  or  criminal  process  or  paper  or  to  take  a 

prisoner  before  a  magistrate  or  to  prison,  per  mile $     25 

(But  when  two  or  more  persons  are  served  or  summoned 
in  the  same  suit  and  at  the  same  time  mileage  shall  be 
charged  only  for  the  most  distant  if  they  live  in  the  same 
direction.) 
For  serving  summons  in  civil  cases,  for  each  defendant  includ- 
ing the  copy  required  by  law 1  00 

For  executing  warrant  of  arrest  in  civil  cases,  or  order  for 

the  delivery  of  personal  property 1  50 

For  taking  any  bond  required  by  law  to  be  taken 50 

For  serving  attachment  or  levying  execution 1  50 

For  subpoenaing  each  witness 25 

For  collecting  money  on  execution 3% 

For  summoning  a  jury  of  twelve  or  less  before  a  justice 1  00 

For  each  additional  juror  above  twelve 25 

For  summoning  and  swearing  a  jury  to  try  the  rights  of  prop- 
erty and  making  a  verdict 2  00 

For  receiving  and  taking  care  of  property  on  execution,  order  or 

attachment Actual  necessary  expenses 

For  making  arrests  in  criminal  ca^es 2  00 

For  sales  of  estrays Same  as  for  sales  of  execution 

For  attending  court  and  taking  charge  of  jury  and  prisoner 

when  required,  per  day 2  00 

For  all  other  services Same  as  sheriff 

Humboldt. 
(Pol.  C.  4244.) 
(In  civil  cases  only:) 
For    serving    summons    and    complaint,    for    each    defendant 

served 50 

For  each  copy  of  summons  for  service,  when  actually  made  by 

him 25 

For  levying  writ  of  attachment  or  execution,  or  executing  order 

of  arrest,  or  for  the  delivery  of  personal  property 2  00 

For  serving  writ  of  attachment  or  execution  on  any  ship,  boat  or 

vessel 3  00 

For  keeping  personal  property,  such  sum  as  the  court  may 

order,  but  no  more  shall  be  allowed  for  a  keeper  when 

necessarily  employed  per  day  than 2  50 

For  taking  bond  or  undertakinof 1  00 


FEE   TABLE — CONSTABLES.  981 

For  copies  of  writs  and  other  papers,  except  summons,  com- 
plaint and  subpoenas,  per  folio $     15 

Provided,  that  when  correct  copies  are  furnished  to  him 
for  use,  no  charge  shall  be  made  for  such  copies. 
For  serving  any  writ,  notice,  or  order,  except  summons,  com- 
plaint and  subpoenas,  for  each  person  served 50 

For  writing  and  posting  each  notice  of  sale  of  property 50 

For  furnishing  notice  for  publication 25 

For  serving  subpoenas,  each  witness,  including  copy 50 

For  collecting  money  on  execution 2^% 

For  executing  and  delivering  certificate  of  sale 50 

For  executing  and  delivering  constable's  deed 2  50 

For  each  mile  actually  traveled  within  his  county  to  serve  any 
writ,  order,  or  paper,  in  civil  actions,  in  going  only,  per 

mile 25 

For  each  day's  attendance  in  court,  in  civil  cases,  per  day 3  00 

For  each  mile  necessarily  traveled  within  his  county  in  execut- 
ing a  warrant  of  arrest,  both  in  going  to  and  returning 

from  the  place  of  arrest 15 

And  the  actual  cost  of  the  transportation  of  the  prisoner 
from  the  place  of  arrest  to  the  justices'  courts  and  the 
necessary  assistance. 
For  each  mile  actually  traveled  without  his  county  in  executing 

a  warrant  of  arrest,  both  going  and  returning 15 

For  transporting  prisoners  to  the  county  jail  from  the  justice's 
court  or  from  the  county  jail  to  the  justice's  court,  the 
actual  cost  of  transportation  and  assistance  and  mileage, 

one  way 25 

For  summoning  a  jury,  in  civil  cases  for  each  person  sum- 
moned           25 

And  mileage,  going  only,  per  mile 25 

For  each  day  in  which  the  constable  is  charged  with  the  custody 

of  a  prisoner  or  prisoners 2  50 

And  the  necessary  expense  of  maintenance  and  assist- 
ance in  keeping  said  prisoners. 
For  making  sales  of  estrays  in  civil  cases,  the  same  fees  as  for 

sales  on  execution. 
For  serving  writ  of  possession  or  restitution,  putting  a  person 
in  possession  of  the  premises,  and  removing  the  occupants 

therefrom 3  00 

Per  day,  and  mileage  going  only,  per  mile 25 

Kern. 
(Pol.  C.  4240.) 
For  traveling  in  pursuit  of  criminals  or  transacting  any  criminal 
business The  necessary  expenses 


982 

Marin. 
(Pol.  C.  4251.) 
For  attendance  in  court  during  jury  trial  or  preliminary  exami- 
nation   $3  00 

Mendocino. 
(Pol.  C.  4253.) 

For  attending  court,  per  diem 3  00 

In  conveying  prisoners  or  insane  persons  to  the  county  seat 

Moneys  actually  disbursed 

In  the  pursuit  within  the  county  of  insane  persons  or  criminals 

charged  with  felony Actual  expenses  incurred 

Merced. 
(Pol.  Code,  4262.) 
In  conveying  prisoners  from  place  of  arrest  to  court,  and  in  case 

of  conviction  from  the  court  to  the  county  jail.  .Actual  expenses 

Monterey. 
(Pol.    Code,   4252.) 
For  traveling  expenses  in  his  own  district: 

For  service  of  warrant  of  arrest   or  other  criminal  process 
when  such  service  is  in  fact  made,  per  mile  going  and 

returning 10 

For  each  mile  traveled  out  of  his  county  going  to  and  return- 
ing from  place  of  arrest  in  service  of  process 05 

For  transporting  persons  to  the  county  jail,  per  mile  each 

way 10 

Napa. 
(Pol.  C.  4255.) 
Expenses  in  arresting  and  pursuing  criminals  and  conveying  pris- 
oners to  court  or  to  prison 

The  necessary  expenses  actually  incurred 

Nevada. 
(Pol.  C.  4263.) 

In  arresting  and  conveying  prisoners  to  the  county  jail 

Expenses  actually  incurred 

Placer. 
(Pol.  C.  4260.) 
For    serving    summons    and    complaint,  for    each    defendant 

served   1  00 

For  each  copy  of  summons  for  service,  when  actually  made  by 

him 25 

For  levying  writ  of  attachment  or  execution,  or  executing 

order  of  arrest,  or  for  the  delivery  of  personal  property. .     1  00 


FEE   TABLE CONSTABLES.  983 

For  keeping  personal  property,  such  sum  as  the  court  may 
order,  but  no  more  shall  be  allowed  for  a  keeper  when 

necessarily  employed  than,  per  day $  2  00 

For  taking  bond  or  undertaking 50 

For  copies  of  writs  and  other  papers,  except  summons,  com- 
plaint and  subpoena,  per  folio 10 

Provided,  that  when  corrected  copies  are  furnished  to 
him  for  use,  no  charge  shall  be  made  for  such  copies. 
For  serving  any  writ,  notice,  or  order,  except  summons,  com- 
plaint and  subpoenas,  for  each  person  served 50 

For  writing  and  posting  each  notice  of  sale  of  property 25 

For  serving  subpoenas,  each  witness,  including  copy 25 

For  collecting  money  on  execution 2J% 

For  executing  and  delivering  a  certificate  of  sale 1  00 

For  executing  and  delivering  constable's  deed 2  00 

For  each  mile  actually  traveled  within  his  township  to  serve 
any  civil  or  criminal  process  or  paper  or  to  take  a  pris- 
oner before  a  magistrate  or  to  prison  in  going  only.  ...         25 

Outside  of  his  township  but  within  the  county 20 

For  each  mile  traveled  outside  his  county  in  making  criminal 

arrests,  both  going  and  returning  from  the  place  of  arrest  10 
For  transporting  prisoners  to  the  county  jail  or  before  a 
magistrate  either  upon  arrest  or  for  trial  or  examination 
or  after  conviction,  the  same  mileage  as  above,  and  the 
actual  and  necessary  expenses  for  himself  and  prisoners, 
but  if  two  or  more  prisoners  are  transported  at  the  same 
time,  only  one  mileage  allowed. 

For  summoning  a  jury,  including  mileage 2  00 

For  making  each  arrest  in  a  criminal  action 1  50 

For  sales  of  estrays — The  same  as  execution  sales. 

For  all  other  services — The  same  fees  as  are  allowed  sheriffs. 

Riverside. 
(Pol.  C.  4242.) 
Service  of  warrant  or  other  paper  in  criminal  case   (Pol.  Code 
4242)— 

"Within  the  county  per  mile  going  and  coming .10 

Outside  the  county  per  mile  going  and  coming 5 

Sacramento. 

(Pol.  C.  4235.) 

(In  townships  in  which  a  state  penal  institution  is  not  located:) 

For  attendance  in  court  in  criminal  cases,  per  diem 3  00 

For  taking  prisoners  to  county  jail,  per  mile 15 

San  Diego. 
(Pol.  C.  4236.) 
For  attendance  in  court  in  criminal  cases  when  required  by  the 

justice,  per  diem 2  00 


984  HILLYER^S  LEGAL  MANUAL. 

San  Joaquin. 
(Pol.  C.  4238.) 
In  addition  to  mileage,  constables  are  allowed  in  criminal,  insane, 
inebriate  and  drug  habitue  cases,  for  transporting  prisoners 
to  and  from  the  county  jail,  and  supporting  such  prisoners 
while  in  their  custody,  of  pursuing  criminals  when  a  felony 
has  been  committed  within  their  township  and  no  warrant 
has  been  issued,  whether  an  arrest  is  made  or  not ;  for  trans- 
porting inebriates,  drug  habitues  and  insane  persons  from 
the  justice's  court  to  the  place  of  detention  and  from  the 
place  of  detention  to  the  superior  court  and  from  the  superior 

court  to  the  insane  asylum  (Pol.  C.  4238) 

The  actual  and  necessary  cost 

San  Mateo. 
(Pol.  C.  4249.) 
In  executing  any  warrant  outside  of  his  county  issued  by  a  mag- 
istrate or  justice  of  his  county. . .  .Actual  and  necessary  expenses 

In  arresting  and  conveying  prisoners  to  the  jail 

Necessary  expenses  actually  incurred 

Shasta. 
(Pol.  Code  4257.) 
(In  criminal  actions:) 
For  arresting  and  conveying  prisoners  to  court  or  to  prison,  and 
in  the  transportation  of  prisoners  from  prison  to  court,  and 
the  return  of  said  prisoners  to  prison;  and  proceedings.. 

All  necessary  expenses  actually  and  properly  incurred 

For  each  mile  actually  traveled,  both  in  going  and  coming, 

in  the  service  of  subpoenas,  in  criminal  actions,  per  mile.  $  10 

(In  civil  cases  only:) 

For  serving  summons  and  complaint,  for  each  defendant  served      50 

For  each  copy  of  summons  for  service,  when  actually  made  by 

him 25 

For  levying  writ  of  attachment  or  execution,  or  executing  order 

of  arrest,  or  for  the  delivery  of  personal  property 1  00 

For  serving  writ  of  attachment  or  execution  on  any  ship,  boat 

or  vessel 3  00 

For  keeping  personal  property,  such  sum  as  the  court  may 
order,  but  no  more  shall  be  allowed  for  a  keeper  when 
necessarily  employed  per  day  than 1  50 

For  taking  bond  or  undertaking • 50 

For  copies  of  writs  and  other  papers,  except  summons,  com- 
plaint and  subpoenas,  per  folio 10 

Provided,  that  when  correct  copies  are  famished  to  him  for 
use,  no  charge  shall  be  made  for  such  copies. 

For  serving  any  writ,  notice,  or  order,  except  summons,  com- 
plaint and  subpoenas,  for  each  person  served 50 


FEE   TABLE — CONSTABLES.  985 

For  writing  and  posting  each  notice  of  sale  of  property $  50 

For  furnishing  notice  for  publication 25 

For  serving  subpoenas,  each  witness,  including  copy 25 

For  collecting  money  on  execution 1J% 

For  executing  and  delivering  constable's  deed 1  25 

For  each  mile  actually  traveled  within  his  township  to  serve 

any  writ,  order,  or  paper,  in  civil  actions,  in  going  only . .       25 
For  each  mile  traveled  outside  of  his  township  to  serve  any 

writ,  order  or  paper  in  civil  actions,  in  going  only 25 

For  each  day's  attendance  in  court,. in  civil  cases,  per  day. ...  3  00 

For  executing  a  search-warrant 2  00 

And  for  each  mile  necessarily  traveled  within  his  county  in 

executing  a  search-warrant,  both  in  going  and  returning 

from  the  place  of  search 15 

Said  fee  and  mileage  to  be  paid  by  the  party  demanding 
the  search. 
For  summoning  a  jury,  in  civil  cases  (including  mileage) ....  2  00 
For  receiving  and  paying  over  money  on  execution,  without 

levy,  or  when  the  goods  or  land  levied  on  shall  not  be  sold        1% 

Siskiyou. 
(Pol.  C.  4258.) 

For  transporting  prisoners  to  the  county  jail 

Actual  traveling  expenses 

Sonoma. 
(Pol.  C.  4239.) 
For  traveling  expenses  outside  of  his  township  but  within  the 
county,  in  the  service  of  civil  or  criminal  process,  per  mile, 
one  way  only 15 

Stanislaus. 
(Pol.  C.  4254.) 

For    arresting  and  conveying  persons  to  court  or  to  prison 

All  necessary  expenses 

For  service  of  warrant  of  arrest  or  other  papers  in  a  criminal 

case,  for  each  mile  traveled  outside  the  county,  -one  way  only     .20 

Tehama. 
(Pol.  C.  4266.) 
In  criminal  cases  necessary  traveling  expenses,  and  expense  of 

conveying  criminals  and  persons  charged  with  crime 

Necessary  expenses 

Tulare. 

(Pol.  C.  4241.) 

Executing  criminal  process  within  the  county,  per  mile,  each  way.     .  10 

Executing  criminal  process  without  the  county,  per  mile,  one  way     .  10 


986  hillyer's  legal  manual. 

Tuolumne. 
(Pol.  C.  4268.) 
Mileage  in  serving  warrant  of  arrest  or  other  paper  in  a  criminal 

ease,  going  and  returning 10 

Ventura. 
(Pol.  C.  4259.) 

In  arresting  or  conveying  prisoners  to  court  or  to  prison 

All  necessary  expenses 

Contested  Elections  to  Legislature. 
Officers  performing  services  in  contested  election  cases  may  charge 
the  same  fees  allowed  them  for  similar  services  in  civil  cases. 
(Pol.  C.  280.) 

Controller. 

See  State  Controller. 

Coroners. 

(Pol.  C.  4300h.) 

General  services  in  holding  an  inquest $10  00 

Each  witness  subpoenaed 25 

Each  mile  necessarily  traveled  in  going  to  the  place  of  the  in- 
quest           25 

Directing  or  attending  the  interment  of  each  body  upon  which 

an  inquest  has  been  held 2  00 

When  acting  as  or  in  the  place  of  the  sheriff,  the  same  fees  as  are 
allowed  the  sheriff  for  like  services 

County  Assessors. 

See  Assessors. 

County  Auditors. 

(C.  C.  P.  710.) 
For  filing  transcript  of  judgment  (C.  C.  P.  710) 50 

County  Clerks. 

(Pol.  Code,  4300a.) 
Commencement  of  any  action   or  proceeding  in  the   Superior 

Court,  except  probate  proceedings,  including  library  fee..     6  00 

Filing  papers  on  appeal  to  the  Superior  Court 5  00 

Filing  petition  for  letters  of  administration 5  00 

Filing  petition  for  letters  testamentary 5  00 

Filing  petition  for  letters  of  guardianship 5  00 

Filing  petition  to  contest  will  or  codicil 3  00 

Appearance  of  defendant,  or  any  number  of  defendants  answer- 
ing jointly 2  00 

Placing  action  on  the  calendar  for  trial  or  hearing,  excepting 

probate  proceeding  or  default  case 2  00 

Each  additional  defendant  appearing  separately 1  00 


FEE   TABLE.  987 

Filing  notice  of  motion  to  move  for  a  new  trial  of  any  civil  action 

or  proceeding  $  2  00 

Issuing  execution  or  order  of  sale 1  00 

Copy  of  any  record,  proceeding  or  paper  on  file  in  civil  actions 

when  copy  is  made  by  him,  per  folio 10 

Each  certificate  of  the  clerk  under  the  seal  of  the  court 25 

Filing  each  claim  in  probate  or  insolvency  proceedings 15 

Issuing  marriage  license 2  00 

Filing  and  indexing  articles  of  incorporation 1  00 

Filing  and  indexing  certificates  of  copartnership 1  00 

Filing  and  indexing  all  papers  to  be  kept  by  him  other  than 
papers  in  actions  or  proceedings  in  court  and  official  bonds 

and  appointments   25 

Filing  and  indexing  official  bonds  and  certificates  of  appoint- 
ments           25 

Issuing  any  license  required  by  law,  other  than  marriage  license.     1  00 
Examining  and  certifying  to  a  copy  of  any  paper,  record  or  pro- 
ceeding prepared  by  another,  and  presented  for  his  certifi- 
cate   ; 50 

And  for  comparing  copy  with  original,  per  folio 01 

Satisfaction  of  or  credit  on  judgment 25 

Eeceiving  and  filing  remittitur  from  Supreme  Court 50 

Administering  each  oath,  without  certificate,  except  in  a  pending 

action  or  proceeding 10 

Taking  affidavit,  except  in  criminal  cases 25 

Taking  and  approving  each  undertaking,  and  the  justification 

thereof,  except  in  criminal  cases 50 

Searching  records  or  files,  for  each  year 50 

Taking  acknowledgment  of  any  deed  or  other  instrument,  in- 
cluding the  certificate 50 

Filing  notices  of  appeal  and  appeal  bonds,  each 25 

Filing  certificate  of  extension  of  corporate  existence  (C.  C.  401).     1  00 
Filing  agreement    of    consolidation    of    operative    associations 

(C.  C.  653) 1  00 

Certifying  copy  of  bond  of  public  officer  same  as  other  certified 

copies  (Pol.  C.  957) 25 

Filing  and  recording  certificate  of  discharge  from  insane  asylum 

(Pol.  C.  2189) No  fee 

Filing  guardianship  papers  on  transfer  of  proceedings  and  ex- 
penses of  transfer  (C.  C.  P.  1760) 6  00 

Issuing   certificate   of   authority  to   act   as   corporate   security 

(C.  C.  P.  1057a) 50 

Receiving  and  filing  declaration  of  intention  and  issuing  dupli- 
cate (Act  of  June  29,  1906) '. 1  00 

Making,  filing  and  docketing  petition  for  citizenship   (Act  of 

June  29,  1906) 2  00 

Entering  final  order  and  issuing  certificate    (Act  of  June  29, 

1906)   2  00 

Law  Library  fee  (Pol.  C.  419o) 1  00 


988 

On  estates  less  than  $75  in  certain  cases  (C.  C.  P.  1726A) No  fee 

On  proceedings  for  apprenticeship  of  homeless  minor  (C.  C.  268) 

No  fee 

For  services  in  any  criminal  case No  fee 

For  services  in  naturalization — See  Naturalization. 

For  recording  certificate  of  registration  to  practice  optometry 

(Stats.  1913,  p.  1101) $    50 

For  recording  certified  copy  of  certificate  of  registration  to  prac- 
tice optometry  (Stats.  1913,  p.  1101) 50 

For  filing  certificate  of  pharmacist   (Stats.  1907,  p.  767) 50 

Issuing  certificate  of  registration  to   practice  dentistry    (Stats. 

1909,  p.  802) 1  00 

Registering  and  indorsing  certificate  of  authority  to  practice 

dentistry  originally  issued  in  another  county  (Id.) 50 

Sporting  fish  license  to  citizen  resident  (Stats.  1913,  p.  987) . .     1  00 
Sporting  fish  license  to  citizen  nonresident  (Stats.  1913,  p.  987)      3  00 

Sporting  fish  license  to  noncitizen  (Stats.  1913,  p.  987) 3  00 

Fishermen's  license   (Stats.  1913,  p.  985) 10  00 

For  services  required  to  be  performed  in  the  formation,  govern- 
ment and  control  of  overflow  district  (Stats.  1911,  p.  1397)  .No  fees 

County  Recorders. 

(Pol.  C.  4300c.) 
Recording  every  instrument,  paper  or  notice  required  by  law  to  be 

recorded,   per  folio 10 

Indexing  every  instrument,  paper  or  notice,  for  each  name 10 

Filing  every  instrument  for  record,  and  making  the  necessary 

entries  thereon  20 

Each  certificate  under  seal 25 

Every  entry  of  discharge,  credit  or  release   on  the  margin  of 

record,  and  indexing  same 25 

Searching  the  records  of  his  office,  for  each  year 50 

Abstract  of  title,  for  each  conveyance  or  encumbrance 25 

Recording  each  map  or  plat  where  the  same  is  copied  in  a  book  of 

record,  for  each  course 10 

Recording  each  map  or  plat  where  the  same  is  not  copied  in  a  book 

of  record  50 

Figures  or  letters  on  maps  or  plats,  per  folio 10 

Provided  the  fees  for  recording  any  map  shall  not  exceed 

fifty  dollars. 

Taking  acknowledgment  of  any  instrument 50 

Recording  marriage  license  and  certificate 1  00 

Recording  transcript  and  all  services  in  estray  cases 1  00 

Recording  each  mark  or  brand 50 

Administering  each  oath  or  affirmation  and  certifying  to  same ...         25 
Filing,  indexing  and  keeping  each  paper  not  required  by  law  to 

be  recorded  25 

Recording   affidavit   of  annual  work  on  mining   claim    (C.   C. 

1426a) 50 


FEE   TABLE.  989 

Recording  location  notice  of  mill  site  (C.  C.  1426k) $  1  00 

Recording  location  notice  of  lode  mining  claim  (C.  C.  1426b) 1  00 

Recording  location  notice  of  placer  mining  claim  (C.  C.  1426d) ...     1  00 

Recording  location  notice  of  tunnel  right  (C.  C.  1426g) 1  00 

Recording  notice  to  delinquent  co-owner  of  mining  claim  and  affi- 
davit (C.  C.  1426o) Same  as  deeds 

Filing  certificate  of  registry  of  marriage  (Pol.  C.  3078) No  fee 

Filing  eertifieate  of  registry  of  birth  (Pol.  C.  3078) No  fee 

Recording  mark,  brand,  or  counterbrand  (Pol.  C.  3168) 1  00 

Making  report  of  sale  of  certificate  of  purchase  (Pol.  C.  3517) ...         50 

Recording  notice  of  completion  (C.  C.  P.  1187) 1  00 

Recording  notice  of  cessation  (C.  C.  P.  1187) 1  00 

Recording  notice  of  abandonment  (C.  C.  P.  1187) 1  00 

Recording  claim  of  lien  (C.  C.  P.  1189) Same  as  deeds 

Issuing  certified  copy  of  record  (Stats.  1897,  p.  287) 50 

Searching  files  for  above  for  each  hour  or  fraction  (Stats.  1897, 

p.  287) , 50 

Filing  certificate  of  residence  (C.  C.  1163) 50 

Filing  certificate  of  sale  under  street  improvement  act   (Stats. 

1911,  p.  730) 50 

Issuing  certificate  of  status  of  16th  and  36th  sections  (Stats.  1913, 

p.   45) 1  00 

Filing  notice  of  estray  (Stats.  1909,  p.  1079) 50 

County  Recorders — Torrens   Title  Fees. 

The  fees,  in  respect  of  applications  and  proceedings  under  them 

prior  to  registration Same  as  in  actions  in  the  Superior  Court 

For  issuing  a  certificate  of  title,  including  one  duplicate  thereof. .     1  50 

For  each  additional  duplicate 50 

For  registering  each  transfer,  including  the  issue  and  registra- 
tion of  the  new  certificate 1  50 

For  entry  of  each  memorial  on  the  register,  including  the  indorse- 
ment upon  the  duplicate  certificates 1  00 

For  the  cancellation  of  each  certificate,  memorial,  or  charge 25 

For  each  certificate  showing  condition  of  register 1  50 

For  filing  any  instrument,  or  for  a  certified  copy  of  the  register, 
or  of  any  instrument  or  writing  on  file  in  his  office,  the  same 
fees  allowed  by  law  to  recorders  for  like  services  (Torrens 
Title  Act,  §114). 
Furnishing  certified  copy  of  death  record  (Stats.  1911,  p.  287) ...  50 
For  searching  files  for  record  of  death,  when  no  certified  copy  is 
made,  for  each  hour  or  fractional  part  of  an  hour  (Stats.  1911, 
p.  287) 50 

County  Superintendent  of  Schools. 

See  Superintendent  of  Schools. 

County  Surveyors. 
Such  fees  as  are  now  or  may  be  hereafter  allowed  by  law  (Pol.  C.  4300). 


990  HILLYER^S  LEGAL  MANUAL. 

County  Tax  Collector. 
For  issuing  license  (Pol.  C.  3364) " $1  00 

County  Treasurer. 

For  services  required  to  be  performed  in  the  formation,  govern- 
ment and  control  of  overflow  district  (Stats.  1911,  p.  1397) .  .No  fees 

Court  Commissioners. 
Same  as  notaries  public  (C.  C.  P.  259). 

Court  Reporters. 

See  Official  Reporters. 

Depositions. 

Where  party  or  his  attorney  attends  without  the  State  and  dep- 
osition is  not  taken  through  fault  of  other  party,  per  diem 
(C.  C.  P.  2025i)  2  00 

Mileage,  both  ways,  per  mile 06 

District  Attorneys — State. 
For  each  suit  brought  against  delinquent  purchasers  of  state  lands 

(Pol.  C.  3553) 15  00 

District  Attorneys^ — U.  S. 

Examination  by  district  attorney,  before  a  judge  or  commissioner, 
of  persons  charged  with  crime,  per  day  for  the  time  neces- 
sarily employed 5  00 

For  each  day  of  his  necessary  attendance  in  a  court  of  the  United 
States,  on  the  business  of  the  United  States,  when  the  court 
is  held  at  the  place  of  his  abode 5  (X) 

For  his  attendance  when  the  court  is  held  elsewhere,  for  each  day 

of  the  term 5  00 

Traveling  from  the  place  of  his  abode  to  the  place  of  holding  any 
court  of  the  United  States  in  his  district,  or  to  a  place  of  any 
examination  before  a  judge  or  commissioner,  of  a  person 
charged  with  crime,  per  mile  for  going 10 

And  per  mile  for  returning 10 

When  an  indictment  for  crime  is  tried  before  a  jury  and  convic- 
tion is  had,  the  district  attorney  may  be  allowed,  in  addition 
to  the  attorney's  fees  herein  provided,  a  counsel  fee,  in  pro- 
portion to  the  importance  and  difficulty  of  the  cause,  not 
exceeding  30  00 

District  Courts  of  Appeal — Clerk's  Fees. 
(Pol.  C.  759a.) 
Filing  the  transcript  on  appeal  in  each  civil  case  appealed  to  the 

district  court  of  appeal,  of  which  he  is  clerk 10  00 

Filing  petition  for  rehearing,  and  for  all  services  to  the  issuing 

of  the  remittitur  to  the  court  below 2  50 

Filing  motion  to  dismiss  appeal  on  clerk's  certificate 2  50 


FEE   TABLE.  991 

Filing  petition  for  writs  of  mandate,  review,  prohibition  and  other 

original  proceedings $  7  50 

Filing  order  extending  time  to  file  transcript 50 

Certificate  of  admission  of  attorney  or  counselor 10  00 

Filing  each  paper  in  proceedings  for  a  hearing  in  the  Supreme 

Court 25 

Making  a  record  upon  hearing  before  the  Supreme  Court,  and  for 

copies  of  any  record  or  document  in  his  office,  per  folio 10 

Comparing  any  document,  requiring  certificate,  per  folio 05 

Each  certificate  under  seal 1  00 

Executors. 

See  Administrators. 

Fish  and  Game  Commission. 

See  State  Board  of  Fish  and  Game  Commissioners. 

Immigration  Commissioner. 

For  each  person  examined  or  inspected  (Pol.  C.  2955) 70 

For  bond  of  owner  (Pol.  C.  2965) 3  00 

For  bond  of  consignee  (Pol.  C.  2965) 3  00 

For  bond  of  master  (Pol.  C.  2965) 3  00 

For  bond  of  commander  (Pol.  0.  2965) 3  00 

For  oath  of  each  surety  on  bond  (Pol.  C.  2965) 1  00 

Industrial  Accident  Commission. 

For  copies  of  papers  not  required  to  be  authenticated,  per  folio 

(Stats.  1913,  p.  283)   10 

For  certified  copies  of  official  documents  and  orders,  and  of  evi- 
dence taken,  per  folio 15 

Inspector  of  Gas  Meters. 
Testing  meter  (Pol.  C.  582) 2  50 

Insurance  Commissioner. 
(Pol.  C.  605.) 
Filing  certified  copy  of  articles  of  incorporation — Domestic  cor- 
porations     55  00 

Filing  certified  copy  of  certificate  of  increase  of  capital  stock — 

Domestic  corporations 55  00 

Filing  certified  copy  of  certificate  of  diminution  of  capital  stock 

— Domestic  corporations 55  00 

Filing  certified  copy  of  charter  of  certificate  of  insurance  officer — 

Foreign  corporation 55  00 

Filing  certificate  of  unincorporated  company 55  00 

Filing  certificate  of  change 10  00 

Filing  annual  statement 20  00 

Filing  designation  of  agent 5  00 

Filing  stipulation  for  service  on  insurance  commissioner 5  00 


992  htllyer's  legal  manual. 

Filing  both  designation  and  stipulation $  5  00 

Filing  bond  for  taxes 5  00 

Filing  certificate  of  deposit  of  securities 5  00 

Furnishing  copies  of  papers,  per  folio 20 

Certifying  copies  1  00 

Issuing  certificate  of  deposit  of  securities 5  00 

Registering  policy 1  00 

Issuing  annual  certificate  of  authority 10  00 

Issuing  annual  license  to  agent  or  solicitor 1  00 

Issuing  annual  license  to  broker 10  00 

Issuing  any  other  certificate 2  00 

Attaching  seal  of  office  to  any  document  not  above  specified. .....     1  00 

On  organization  of  county  fire  insurance  company  (Stats.  1897, 

p.  439,  §  7) 5  00 

Annual  examinations  of  countv  fire  insurance  certificate  (Stats. 

1897,  p.  439,  §  7) ". 1  00 

Certificate  of  authority  to  fraternal  benefit  societies  (Stats.  1911, 

p.  1320,  §  15) 10  00 

Renewal  of  authority  to  fraternal  benefit  societies  (Stats.  1911, 

p.  1320,  §  15) 10  00 

Certificate   to    foreign    fraternal    benefit    societies   (Stats.  1911, 

p.  1320,  §  16) 20  00 

Renewal  of  authority  to  fraternal  benetit  societies   (Stats.  1911, 

p.  1320,  §  16) 20  00 

Issuing  annual  license  to  surplus  line  broker  (Pol.  Code,  596) ...  25  00 
Valuation  of  policies  bv  actuary,  per  $1,000  not  to  exceed  (Pol. 

C.  601)   I 01 

For  certificate  of  authority  of  fraternal  benefit  society   (Stats. 

1911,  p.  1320)   10  00 

For  renewal  certificate  of  same  (Stats.  1911,p.  1320) 10  00 

For  certificate  of  authority  of  foreign  fraternal  benefit  society 

(Stats.  1911,  p.  1320)   20  00 

For  renewal  of  same  (Stats.  1911,  p.  1320) 20  00 


FEE   TABLE. 


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994 

Jurors — Federal  Courts. 

(35  Stats.  377.) 

For  actual  attendance  at  any  court  or  courts,  and  for  the  time 
necessarily  occupied  in  going  to  and  returning  from  the  same, 
per  day  during  such  attendance  ...$  3  00 

For  the  distance  necessarily  traveled  from  their  residence  in  going 
to  and  returning  from  said  court  by  the  shortest  practicable 
route  traveled  over  any  stage  line  or  by  private  conveyance. .         15 

For  each  mile  over  any  railway  in  going  to  and  returning  from 

said  courts 05 

Provided,  that  no  constructive  or  double  mileage  fees  shall  be 
allowed  by  reason  of  any  person  being  summoned  both  as  witness 
and  juror,  or  as  a  witness  in  two  or  more  cases  pending  in  the  same 
court  and  triable  at  the  same  term  thereof. 

Justice's  Clerk. 

See  Justices  of  the  Peace. 

Justices  of  the  Peace. 

(Pol.  C.  4300c.) 

Services  performed  by  him  before  trial,  civil  action 2  00 

Trial  and  all  proceedings  subsequent  thereto,  including  all  affi- 
davits, swearing  witnesses  and  jury  and  the  entry  of  judg- 
ment and  issue  of  execution  thereon 3  00 

In  all  cases  where  judgment  is  rendered  by  default  or  confession, 

including  execution  and  satisfaction  of  judgment 2  00 

Services  in  a  criminal  action  or  proceeding,  whether  on  examina- 
tion or  trial 3  00 

Taking  bail  after  commitment  by  another  magistrate 50 

Certificate  and  transmitting  transcript  and  papers  on  appeal ....     1  00 

Copies  of  papers  on  docket  per  folio 10 

Issuing  a  search-warrant 50 

Celebrating  a  marriage  and  returning  a  certificate  thereof  to  the 

county  recorder   3  00 

Taking  an  acknowledgment  of  any  instrument,  for  the  first  name .         50 

Each  additional  name 25 

Taking  depositions,  per  folio 15 

Administering  an  oath  and  certifying  the  same 25 

Issuing  a  commission  to  take  testimony 50 

Ml  services  connected  with  the  posting  of  estrays 1  00 

In  all  cases  before  the  justice  of  the  peace,  when  the  venue 
shall  be  changed,  the  justice  before  whom  the  action  shall  be 
brought,  for  all  services  rendered,  including  the  making  up 
and  transmission  of  the  transcript  and  papers,  shall  receive .  .  1  00 
Performing  the  duties  of  coroner,  when  the  coroner  fails  to  act, 
the  same  fees  and  mileage  as  are  allowed  the  coroner  in  all 
cases. 
Issuing  writ,  order  or  paper  required  by  law  to  be  issued,  not 

otherwise  provided  for 25 


FEE  TABLE.  995 

Administering  oath  or  affirmation  not  otherwise  provided  for 10 

Each  certificate  or  affidavit,  not  otherwise  provided  for 25 

Taking  and  approving  bond  or  undertaking,  including  justification 

of  sureties  50 

Humboldt. 
(Pol.  C.  4244.) 
(In  civil  actions:) 
For  all  services  to  be  performed  by  him  before  trial  or  entry  of 

judgment  by  default  or  confession $  2  00 

For  all  additional  services  in  such  action  including  execution  and 

satisfaction  of  judgment  2  00 

For  trial  of  civil  actions  and  all  proceedings  subsequent  thereto . .     3  00 
For  certificate  and  transmitting  transcript  and  papers  on  appeal. .     1  00 

For  copies  of  papers  on  docket,  per  folio 10 

For  issuing  search-warrant,  to  be  paid  by  the  party  demanding 

same    1  00 

For  celebrating  a  marriage  and  returning  a  certificate  thereof  to 

the  county  recorder 5  00 

For  taking  an  acknowledgment  of  any  instrument,  for  the  first 

name 50 

For  each  additional  name 25 

For  administering  an  oath  and  certifying  to  same 50 

For  issuing  a  commission  to  take  testimony 1  00 

For  all  services  connected  with  the  posting  of  estrays 1  00 

For  issuing  each  affidavit,  certificate,  process,  writ,  order  or  paper 

not  otherwise  provided  for 25 

For  taking  bail  in  all  proceedings  pending  before  another  magis- 
trate             50 

Shasta. 
(Pol.  C.  4257.) 

Each  justice  of  the  peace  shall  be  allowed,  in  civil  actions  before 

him,  for  all  services  to  be  performed  by  him  before  trial 3  00 

For  trial  and  all  proceedings  subsequent  thereto,  including  all 
affidavits,  swearing  of  witnesses  and  jury,  and  the  entry  of 
judgment  and  issue  of  execution  thereon 4  00 

For  each  hour  actually  engaged  in  such  trial  after  the  expiration 

of  eight  hours 15 

In  all  cases  where  judgment  is  rendered  by  default  or  confession, 
for  all  services,  including  execution  and  satisfaction  of  judg- 
ment        3  00 

For  certificate  and  transmitting  transcript  and  papers  on  appeal.     1  00 

For  copies  of  papers  on  docket,  per  folio 10 

For  issuing  search-warrant,  to  be  paid  by  the  party  demanding 

same    , 50 


996 

For  celebrating  a  marriage  and  returning  a  certificate  thereof  to 

the  county  recorder $  3  00 

For  taking  an  acknowledgment  of  any  instrument,  for  the  first 

name    50 

For  each  additional  name 25 

For  taking  depositions,  per  folio 15 

For  all  services  connected  with  the  posting  of  estrays 1  00 

In  cases  before  the  justice  of  the  peace,  when  the  venue  shall  be 
changed,  the  justice  before  whom  the  action  shall  be  brought, 
for  all  services  rendered,  including  the  making  up  and  trans- 
mission of  the  transcript  and  papers,  shall  receive 3  00 

The  justice  of  the  peace  before  whom  the  trial  shall  take 
place  shall  receive  the  same  fees  as  if  the  action  had  been  com- 
menced before  him. 
For  performing  the  duties  of  coroner,  when  that  coroner  fails  to 
act,  the  same  fees  and  mileage  as  are  allowed  the  coroner  in 
like  cases. 
For  issuing  each  process,  writ,  order  or  paper  required  by  law  to 

be  issued  not  otherwise  provided  for 25 

For  each  certificate  or  affidavit  not  otherwise  provided  for 25 

For  administering  oath  or  affirmation  not  otherwise  provided  for.         25 
For  taking  and  approving  bond  or  undertaking,  including  the  jus- 
tification of  sureties 50 

Keepers. 

See  Sheriffs  and  Constables. 

Lost  Property. 

The  fees  of  officers  are  the  same  as  allowed  for  similar  services  in  other 
cases  provided  in  the  Political  Code.     (Pol.  C.  3157.) 

Marshals. 

See  Constables;  U.  S.  Marshals;  Bankruptcy. 

Medical  Practitioners. 

For  every  notice  sent  to  the  State  Board  of  Health  of  patient 
suffering  from  lead,  phosphates,  arsenic,  mercury,  anthrax 
or  compressed  air  illness  (Stats.  1911,  p.  953) 50 

Naturalization. 

For  receiving  and  filing  a  declaration  of  intention  and  issuing  a 

duplicate  thereof  1  00 

For  making,  filing  and  docketing  the  petition  of  an  alien  for 
admission  as  a  citizen  of  the  United  States  and  for  the  final 
hearing  thereon   2  00 

For  entering  the  final  order  and  the  issuance  of  the  certificate 

of  citizenship  thereunder,  if  granted 2  00 

In  addition  to  the  fees  herein  required,  the  petitioner  shall, 
upon  the  filing  of  his  petition  to  become  a  citizen  of  the  United 


FEE   TABLE.  997 

States,  deposit  with  and  pay  to  the  clerk  of  the  court  a  sum 
of  money  sufficient  to  cover  the  expenses  of  subpoenaing  and 
paying  the  legal  fees  of  any  witnesses  for  whom  he  may 
request  a  subpoena  and  upon  the  final  discharge  of  such  wit- 
nesses they  shall  receive,  if  they  demand  the  same  from  the 
clerk,  the  customary  and  usual  witness  fees  from  the  moneys 
which  the  petitioner  shall  have  paid  to  such  clerk  for  such 
purpose,  and  the  residue,  if  any,  shall  be  returned  by  the 
clerk  to  the  petitioner.     (U.  S.  Comp.  Stats.  1901,  p.  483.) 

Notaries  Public. 

(Pol.  C.  798.) 
Drawing  and  copying  every  protest  for  the  nonpayment  of  a  prom- 
issory note,  or  for  the  nonpayment  or  nonacceptance  of  a  bill 

of  exchange,  draft  or  check $  2  00 

Drawing  and  serving  every  notice  of  nonpayment  of  a  promissory 
note,  or  of  the  nonpayment  or  nonacceptance  of  a  bill  of 

exchange,  order,  draft  or  check 1  00 

Recording  every  protest 1  00 

Drawing  an  affidavit,  deposition  or  other  paper  for  which  pro- 
vision is  not  specially  made,  for  each  folio 30 

Taking  an  acknowledgment  or  proof  of  a  deed  or  other  instru- 
ment, to  include  the  seal  and  the  writing  of  the  certificate, 

for  the  first  two  signatures 1  00 

Each  additional  signature 50 

Administering  an  oath  or  affirmation 50 

Every  certificate,  to  include  writing  the  same  and  the  seal. . . 1  00 

Official  Reporters. 
(C.  C.  P.  247.) 

Per  diem 10  00 

Transcribing :  1  copy  (original) ,  per  folio 20 

2  copies  made  at  one  time,  per  folio 15 

3  copies  made  at  one  time,  per  folio 11 

4  copies  made  at  one  time,  per  folio 9 

5  or  more  copies  made  at  one  time,  per  folio S 

For  making  original  and  3  carbon  copies  in  criminal  cases  after 

sentence  (C.  C.  P.  247),  per  folio 30 

Pol.  Code. 

4285 

4244 

4276 

Transcribing  During  Trial  4281 

Transcribing  After  Trial  4281 

Transcribing  During  Trial  4278 

Transcribing  After  Trial  4278 

Transcribing  During  Trial  4286 

Transcribing  After  Trial  4286 

4258 


Per 

Original 

Copy 

Diem. 

Per  Folio. 

Per  Folio. 

Del  Norte .  . 

.  .  .None 

.10 

.05 

Humboldt   . 

.  .  .None 

.10 

.05 

Inyo 

..$10  00 

.10 

.05 

Lassen   . . . . 

..   10  0€ 

.25 

.05 

.10 

.05 

Modoc    . . .  . 

..   10  00 

.25 

.05 

.10 

.05 

Mono    

..     8  00 

.20 

.05 

.10 

.05 

Siskiyou    .  . 

. .  .None 

.10 

.05 

998  hillyer's  legal  manual. 

Patent  Office. 

On  filing  each  original  application  for  a  patent  except  in  design 

cases   $15  00 

On  issuing  each  original  patent,  except  in  design  cases 20  00 

In  design  cases : 

For  three  years  and  six  months 10  00 

For  seven  years  15  00 

For  fourteen  years 30  00 

On  every  application  for  the  reissue  of  a  patent 30  00 

On  filing  each  disclaimer 10  00 

On  an  appeal  for  the  first  time  from  the  Primary  Examiner  to  the 

Examiners-in-Chief 10  00 

On  every  appeal  from  the  Examiners-in-Chief  to  the  Commis- 
sioner    20  00 

For  certified  copies  of  patents  if  in  print : 

For  specification  and  drawing,  per  copy 05 

For  the  certificate 25 

For  the  grant 50 

For  certifying  to  a  duplicate  of  a  model 50 

For  manuscript  copies  of  records,  for  every  one  hundred  words 

or  fraction  thereof 10 

If  certified,  for  the  certificate,  additional 25 

For  twenty-coupon  orders,  each  coupon  good  for  one  copy  of  a 
printed  specification  and  drawing,  and  receivable  in  pay- 
ment for  prints.  Official  Gazette,  and  Roster  of  Attorneys. .     1  00 

For  one  hundred  coupons  in  stub-book 5  00 

For  uncertified  copies  of  the  specifications  and  accompanying 

drawings  of  patents,  if  in  print,  each 05 

For  the  drawings,  if  in  print 05 

For  copies  of  drawings  not  in  print,  the  reasonable  cost  of  mak- 
ing them. 

For  photo  prints  of  drawings,  for  each  sheet  of  drawings : 

Size  10  by  15  inches,  per  copy 25 

Size  8  by  12 J  inches,  per  copy 15 

For  recording  every  assignment,  agreement,  power  of  attorney, 

or  other  paper,  of  three  hundred  words  or  under 1  00 

Of  over  three  hundred  and  under  one  thousand  words 2  00 

For  each  additional  thousand  words  or  fraction  thereof. ...     1  00 

For  abstracts  of  title  to  patents  or  inventions : 

For  the  search,  one  hour  or  less,  and  certificate 1  00 

Each  additional  hour  or  fraction  thereof. 50 

For  each  brief  from  the  digest  of  assignments,  of  two  hun- 
dred words  or  less 20 

Each  additional  hundred  words  or  fraction  thereof 10 

For  searching  titles  or  records,  one  hour  or  less 50 

Each  additional  hour  or  fraction  thereof.  . 50 

For  assistance  to  attorneys  in  the  examination  of  publications 

in  the  Scientific  Library,  one  hour  or  less 1  00 


PEE  TABLE.  999 

Each  additional  hour  or  fraction  thereof $  1  00 

For  copies  of  matter  in  any  foreign  language,  for  every  one  hun- 
dred words  or  a  fraction  thereof 10 

For    translation,    for    every    one    hundred    words    or    fraction 

thereof 50 

The  Official  Gazette : 

Annual  subscriptions   5  00 

For  postage  upon  foreign  subscriptions,  except  those 
from  Canada  and  Mexico,  $5  or  more  as  required. 
Moneys  received  from  foreign  subscribers  in  excess 
of  the  subscription  price  of  $5  will  be  deposited  to 
the  credit  of  the  subscriber  and  applied  to  postage 
upon  the  subscription  as  incurred.  All  communica- 
tions respecting  the  Gazette  and  all  subscriptions 
should  he  addressed  to  the  Superintendent  of  Docu- 
ments, Government  Printing  Office. 

Single   numbers 10 

Decision  leaflets 05 

Trademark  supplements    05 

For  bound  volumes  of  the  Official  Gazette : 

Semi-annual  volumes,  from  January  1,  1872,  to  June  30, 

1883,  full  sheep  binding,  per  volume 4  00 

In  half  sheep  binding,  per  volume 3  50 

Quarterly  volumes,  from  July  1,  1883,  to  December  31,  1902, 

full  sheep  binding,  per  volume 2  75 

Bimonthly  volumes,  from  January  1,  1903,  to  March  1,  1906, 

full  sheep  binding,  per  volume 2  50 

Bimonthly  volumes,  from  March  1,  1906,  to  January  1,  1909, 

tan  duck  binding 2  50 

Monthly  volumes,  from  January  1,  1909,  tan  duck  binding, 

per  volume 2  50 

Monthly   volumes,  unbound,   with  title   page,   digest,    and 

index,  per  volume 50 

For  the  annual  index,  from  January,  1872,  to  January  1,  1906, 

full  law  binding,  per  volume 2  00 

In  paper  covers,  per  volume 1  00 

For  the  annual  index  from  January  1,  1906,  buckram  binding ...     2  00 

In  paper  covers,  per  volume 1  00 

For  the  general  index — a  list  of  inventions  patented  from  1790 

to  1873 — three  volumes,  full  law  binding,  per  set 10  00 

For  the  index  from  1790  to  1836 — ^one  volume,  full  law  binding. .     5  00 
For  the  Library  edition,  monthly  volumes  to  January  1,  1906, 
containing  the  specifications  and  photolithographed  copies 
of  the  drawings  of  all  patents  issued  during  the  month,  cer- 
tified, bound  in  full  sheep,  per  volume 5  00 

In  half  sheep  to  January  1,  1906,  per  volume 3  00 

For  the  Library  edition,  monthly  volume  from  January  1,  1906, 

tan  duck  binding 5  00 


1000  hillyer's  legal  manual. 

For  the  index  to  patents  relating  to  electricity,  granted  by  the 
United  States  prior  to  June  30,  1882,  one  volume,  250  pages, 

bound  $  5  00 

In  paper  covers 3  00 

Annual  appendixes  for  each  fiscal  year  subsequent  to  June  30, 

1882,  paper  covers 1  50 

For  Commissioner's  Decisions: 

For  1869-70-71,  one  volume,  full  law  binding 2  00 

For  1872-73-74,  one  volume,  full  law  binding 2  00 

For  1875-76,  one  volume,  with  decisions  of  United  States 

courts  in  patent  cases,  full  law  binding 2  00 

In   paper   covers 1  00 

Annual  volumes  with  decisions  of  United  States  courts,  for  1877 

to  1906,  full  law  binding,  per  volume 2  00 

In  paper  covers 1  00 

Subsequent  annual  volumes,  buckram  binding 2  00 

In  paper  covers 1  00 

Roster  of  Attorneys 20 

Pilots. 

For  piloting  every  vessel  into  or  out  of  port  (except  San  Fran- 
cisco, Mare  Island,  Benicia  and  Humboldt  Bay)   per  foot 

draft  (Pol.  C.  2436) 8  00 

For  pilotage  inside  the  heads  to  anchorage  about  the  harbor,  or 
between  the  harbor  of  San  Francisco  and  the  ports  of  Mare 
Island,  Vallejo  and  Benicia,  as  agreed  upon,  not  exceeding, 

per  foot  draft  (Pol.  C.  2465) 5  00 

For  pilotage  into  and  out  of  the  harbor  of  San  Francisco  (Pol.  C. 
2466) : 

Vessels  under  500  tons,  per  draft  foot 3  00 

Vessels  over  500  tons,  per  draft  foot 3  00 

And  for  every  ton  registered  measurement 3 

These  rates  reduced  50%  where  vessel  is  not  spoken  until 
inside  the  bar. 
Humboldt  Bay — 

For  piloting,  per  foot  draft  (Pol.  C.  2480) 8  00 

For  pilot  license  (Pol.  C.  2490),  not  exceeding 50  00 

For  special  license  on  vessels  under  175  tons  burden,  per 

ton  (Pol.  C.  2490) 1  00 

San  Diego  Harbor  (Stats  1911,  p.  267)— 

For  piloting,  per  foot  draft 3  00 

And  per  ton 3 

These  rates  reduced  50%  where  vessel  not  spoken  until  in- 
side the  bar. 

Police  Judges. 
See  Justices  of  the  Peace. 


FEE   TABLE.  1001 

Port  Wardens. 
(Pol.  C.  2510.) 

For  each  survey $15  00 

Not  exceeding  for  any  one  vessel 75  00 

(Foreign   vessels   not   admitted  by   treaty   on   terms   of 
equality   with   American   vessels,   50%    advance    on   above 
rates.) 
For  all  separate  certificates  of  surveys  required  by  different 

consignees 2  50 

For  each  order  of  sale 10  00 

Printers — Federal  Courts. 

(U.  S.  Comp.  Stats.  1901,  p.  656.) 
For  publishing  any  notice  or  order  required  by  law,  or  the  lawful 
order  of  any  court,  department,  bureau  or  other  person,  in 
any  newspaper,  except  as  mentioned  in  sections  3823,  3824,  and 
3825,  title,  "Public  Printing,  Advertisements  and  Public  Docu- 
ments" (including  the  furnishing  of  lawful  evidence,  under 
oath,  of  publication,  to  be  made  and  furnished  by  the  printer 
or  publisher  making  such  publication),  per  folio  for  the  first 

insertion 40 

Per  folio  for  each  subsequent  insertion 20 

Public  Administrators. 

Such  fees  as  are  now  or  may  be  hereafter  allowed  by  law  (Pol. 
Gode4300i). 

On  estates  less  than  $75.00  (C.  C.  P.  1726a) No  fee 

See  Administrators. 

Quarantine  Officer. 
(Pol.  C.  3020.) 

For  permit  to  land — 

Sailing  vessels  less  than  500  tons  burden 2  50 

Sailing  vessels  over  500  and  less  than  1,000  tons 5  00 

Sailing  vessels  each  additional  1,000  tons 2  50 

Steam  vessels  not  of  1,000  tons  or  less 5  00 

Steam  vessels  for  each  additional  1,000  tons 2  50 

(Exempted — Sailing  vessels  from  any  port  of  Pacific 
States,  of  United  States  or  Territories  and  whaling  vessels 
entering  San  Francisco  Harbor.) 

Railroad  Commission. 

For  copies  of  papers  and  records  not  required  to  be  certified  or 

otherwise  authenticated  by  the  commission,  each  folio....         10 
For  certified  copies  of  official  documents  and  orders  filed  in  its 

office,   each  folio 15 

Each  certificate  under  seal  affixed 1  00 

Certifying  copy  of  any  report  made  by  a  public  utility 2  00 

Each  certified  copy  of  the  annual  report  of  the  commission ....     1  50 


1002 

Certified  copies  of  evidence  and  proceedings  before  the  commis- 
sion, each  folio $      15 

Certificate  authorizing  an  issue  of  bonds,  notes  or  other  evi- 
dences of  indebtedness 1  00 

For  each  $1,000  of  the  face  value  of  the  authorized  issue 
or  fraction  thereof  up  to  $1,000,000. 

Each  $1,000  over  $1,000,000  and  up  to  $10,000,000 50 

Each  $1,000  over  $10,000,000 25 

With  a  minimum  fee  in  any  case  of 25  00 

Provided,  that  no  fee  need  be  paid  on  such  portion  of  any- 
such  issue  as  may  be  used  to  guarantee,  take  over,  refund, 
discharge  or  retire  any  bond,  note  or  other  evidence  of  in- 
debtedness on  which  a  fee  has  theretofore  been  paid  to  the 
commission;  and  provided,  further,  that  if  the  commission 
modifies  the  amount  of  the  issue  requested  in  any  case  and 
the  applicant  thereupon  elects  not  to  avail  itself  of  the  com- 
mission's authorization,  no  fee  need  be  paid.  No  fees  shall 
be  charged  or  collected  for  copies  of  papers,  records  or 
official  documents,  furnished  to  public  officers  for  use  in 
their  official  capacity,  or  for  the  annual  reports  of  the  com- 
mission in  the  ordinary  course  of  distribution,  but  the  com- 
mission may  fix  reasonable  charges  for  publications  issued 
under  its  authority. 

Receivers  in  Bankruptcy. 

(Bankruptcy  Act,  §  48.) 
Commission  on  moneys  disbursed  or  turned  over  to  any  person — • 

Not  exceeding  on  the  first  $500 6% 

Over  $500  and  less  than  $1,500 4% 

Over  $1,500  and  less  than  $10,000 2% 

In  excess  of  $10,000 1% 

In  case  of  composition,  not  exceeding  J  of  1%  on  the 
amount  to  be  paid  to  creditors  on  composition. 
When  receiver  acts  as  mere  custodian,  and  does  not  carry  on 
the  business  of  the  bankrupt,  not  exceeding — 

On  the  first  $1,000 2% 

On  all  above  $1,000 i  of  1% 

Where  the  business  is  conducted  by  a  receiver,  additional  com- 
pensation by  way  of  commissions  upon  moneys  disbursed 
or  turned  over,  or  afterward  realized  by  the  trustee  from 
property  turned  over  in  kind  by  the  receiver  to  the  trustee, 
not  exceeding — 

On  the  first  $500 6% 

Over  $500  and  less  than  $1,500 4% 

Over  $1,500  and  less  than  $10,000 2% 

In  excess  of  $10,000. 1% 

In  case  of  composition,  not  exceeding  ^  of  1%  on  the 
amount  to  be  paid  to  creditors  on  composition. 


FEE  TABLE.  1003 

Receivers  of  United  States  Land  Office. 

See  U.  S.  Land  Office. 

Recorders. 

See  County  Recorders. 

Referees. 

Civil  cases,  per  diem  (C.  C.  P.  1028) $5  00 

In  probate,  per  diem  (C.  C.  P.  1508)^ 5  00 

In  partition  (C.  C.  P.  768),  in  discretion  of  court. 

Referees  in  Bankruptcy. 

(Bankruptcy  Act,  §  40.) 

Referees  shall  receive  as  full  compensation  for  their  services, 
payable  after  they  are  rendered,  a  fee  deposited  with  the 
clerk  at  the  time  the  petition  is  filed  in  each  case,  except 
when  a  fee  is  not  required  from  a  voluntary  bankrupt,  of . ,    15  00 

And  for  every  proof  of  claim  filed  for  allowance,  to  be  paid 
from  the  estate,  if  any,  as  a  part  of  the  cost  of  administra- 
tion.   25 

And  from  estates  which  have  been  administered  before  them 
commissions  on  all  moneys  disbursed  to  creditors  by  the 
trustee 1% 

Or  on  the  amount  to  be  paid  to  creditors  upon  the  confirma- 
tion of  a  composition i  of  1% 

Register  of  State  Land  Office. 

See  Surveyor  General. 

Registers  of  United  States  Land  Office. 

See  U.  S.  Land  Office. 

Reporters. 

See  Official  Reporters. 

Secretary  of  State. 
(Pol.  C.  409.) 

For  copy  of  any  law,  resolution,  record,  or  other  document  on 

file  in  his  office,  per  folio 20 

For  comparing  a  copy  of  any  law,  resolution,  record  or  other 
document  or  paper  with  the  original,  or  the  certified  copy 
of  the  original,  on  file  in  his  office,  per  folio 05 

For  affixing  certificate  and  seal  of  state,  unless  otherwise  pro- 
vided for 2  00 

For  filing  articles  of  incorporation,  if  the  capital  stock  amounts 

to  $25,000  or  less 15  00 

Over  $25,000  and  not  over  $75,000 25  00 

Over  $75,000  and  not  over  $200,000 50  00 

Over  $200,000  and  not  over  $500,000 75  00 

Over  $500,000  and  not  over  $1,000,000 100  00 


1004 

Over  $1,000,000  for  every  $500,000  or  fraction  thereof  of 

capital  stock  over  and  above  $1,000,000  an  additional.  .$  50  00 
For  filing  articles  of  incorporation  without  capital  stock,  except 

co-operative  associations  5  00 

For  filing  articles  of  incorporation  of  co-operative  associations 
formed  under  the   act  of  1895,   and   acts  supplementary 

thereto  or  amendatory  thereof 15  00 

For  recording  articles  of  incorporation,  per  folio 25 

For  issuing  certificate  of  incorporation 3  00 

For  filing  certificate  of  increase  of  capital  stock. . '. 5  00 

For  every  $50,000  or  fraction  thereof  of  such  increase. 

For  filing  certificate  of  decrease  of  capital  stock 5  00 

For  filing  notice  of  removal  of  principal  place  of  business 5  00 

For  filing  amended  articles  of  incorporation,  unless  otherwise 

provided  for 5  00 

For  filing  certificate  of  creation  of  bonded  indebtedness,  or  in- 
crease or  decrease  thereof 5  00 

For  issuing  certificate  of  increase  or  decrease  of  capital  stock. .       3  00 

For  filing  certificate  of  continuance  of  existence 5  00 

For  issuing  certificate  of  continuance  of  existence 3  00 

For  filing  claim  to  trademark,  and  issuing  certificate  of  filing 

(Pol.  C.  3198) 5  00 

For  issuing  certificate  of  filing  of  any  document,  not  otherwise 

provided  for 3  00 

For  filing   certificate  of  increase   or   decrease   of  number   of 

directors 5  00 

For  issuing  certificate  of  increase  or  decrease  of  number  of 

directors 3  00 

For  receiving  and  recording  each  official  bond 5  00 

For  filing  notice  of  appointment  of  agent 5  00 

For  each  commission,  passport  or  other  document  signed  by  the 
governor  and  attested  by  the  Secretary  of  State  (pardons, 
military   commissions,   commissions   issued  to  nonsalaried 

state  officers  and  extradition  papers  excepted) 5  00 

For  each  patent  for  land  issued  by  the  governor,  if  for  160 

acres  or  less 1  00 

And  for  each  additional  160  acres,  or  fraction  thereof 1  00 

For  issuing  certificate  of  official  character 2  00 

For  recording  miscellaneous  documents  or  papers,  per  folio.  .  .  20 
For  filing  certified  copy  of  order  and  decree  of  court,  changing 
name,  or  certified  copy  of  order  and  decree  of  court,  dis- 
solving a  corporation 5  00 

Issuing  certificate  to  practice  architecture  (Stats.  1901,  p.  641) .       5  00 
For  registering  the  name  of  any  farm,  ranch  or  villa   (Stats. 

1911,  p.  255) 1  00 


FEE   TABLE.  1005 

Filing  certified  copy  of  extension  of  corporate  existence — Same  as 
original  articles  (C.  C.  401). 

Certifying  certificate  of  above — Same  as  original  articles  (C.  C.  401). 

Filing  certified  copy  of  agreement  consolidating  co-operative  associa- 
tions— Same  as  original  articles  (C.  C.  653i7). 

Filing  certified  copy  of  charter  of  foreign  corporation — Same  as  do- 
mestic corporation  (C.  C.  409). 

Certified  copy  of  bond — Same  as  other  certified  copies  (Pol.  C.  957). 

Filing  certified  copy  of  articles  of  incorporation  of  investment  com- 
panies— Same  as  other  corporations  (Pol.  C.  635c). 

Issuing  certificate  of  above — Same  as  other  corporations  (Pol.  C.  635c). 

Secretary  of  State  Board  of  Health. 

See  State  Board  of  Health. 

Sheriffs. 

(Pol.  C.  4300b.) 

Serving  any  process,  writ  or  paper $     50 

Serving  writ  of  attachment 1  00 

Serving  writ  of  execution 1  00 

Serving  order  for  the  delivery  of  personal  property 1  00 

Taking  any  bond  or  undertaking 50 

Serving  an  attachment  or  execution  on  any  ship,  boat  or  vessel. .   3  00 
Keeping  and  caring  for  property  under  attachment  or  execution 

such  sum  as  the  court  may  fix  not  exceeding,  per  day 3  00 

Copy  of  any  writ,  process  or  paper  made  by  him,  per  folio 10 

Advertising  sale  of  property  and  posting  notice,  exclusive  of  cost 

of  publication  or  furnishing  notice  for  publication 50 

Publication  of  notice  in  newspaper,  the  reasonable  cost  of  publi- 
cation  Subject  to  approval  of  the  court 

Serving  writ  of  possession 1  50 

Serving  writ  of  restitution 1  50 

Putting  a  person  in  possession  of  the  premises  and  removing  the 

occupant 1  50 

Subpoenaing  witness,  including  copy  of  subpoena,  each 25 

Summoning  trial  jury  of  twelve  or  less 2  00 

Summoning  each  additional  juror 10 

Traveling  in  the  service  of  any  paper  required  by  law  to  be  served, 
each  mile  actually  and  necessarily  traveled,  one  way  only, 

when  by  rail 15 

Traveling  in  the  service  of  any  paper  required  by  law  to  be  served, 
each  mile  actually  and  necessarily  traveled,  one  way  only, 

other  than  by  rail 25 

Collecting  money  on  execution,  with  or  without  levy — on  the  first 

$1,000  or  less 1% 

Collecting  money  on  execution,  with  or  without  levy,  on  all  sums 

over  $1,000 1/2  of  1% 

Executing  and  delivering  sheriff's  deed 1  50 


1006  hillyer's  legal  manual. 

Executing  and  delivering  certificate  of  sale $     50 

Transporting  prisoners  to  the  county  jail,  the  actual  cost  of  such 

transportation. 
Executing  and  delivering  any  other  instrument,  per  folio 10 

Stallion  Registration  Board. 

(Stats.  1911,  p.  1306.) 

For  registration  of  pedigree  and  issuance  of  license  certificate. .  2  50 

For  transfer  of  certificate 1  00 

For  renewal  of  license  certificate,  annually 1  00 

For  duplicate  license  certificate   1  00 

Stanford  University. 

No  fees,  except  in  professional  and    engineering    courses  to  residents 
of  this  State.     (Stats.  1907,  p.  117.) 

State  Board  of  Architecture. 
(Stats.  1901,  p.  641.) 

Examination   fee    15  00 

Certificate  of  satisfactory  examination   5  00 

Temporary   certificate    5  00 

Annual  license   5  00 

State  Board  of  Dental  Examiners. 

For  certified  copy  of  records,  per  100  words  (Stats.  1901,  p.  564)  25 

Fee  for  examination  (Stats.  1909,  p.  804) 25  00 

Annual  license  fee  (Stats.  1909,  p.  804)  2  00 

State  Board  of  Examiners  in  Veterinary  Medicine. 

For  application  to  practice  (Stats.  1907,  p.  919)    10  00 

For  deposit  upon  examination  before  Board  of  Review. 30  00 

If  examination  favorable  deposit  refunded    (Stats.   1907, 
p.  919). 

State  Board  of  Fish  and  Game  Commissioners. 
(Stats.  1909,  p.  663.) 

Annual  hunting  license  to  citizens  resident  of  California 1  00 

Annual  hunting  license  to  citizen  nonresident 10  00 

Annual  hunting  license  to  noncitizen   25  00 

Annual  fishing  license  to  citizen  of  the  United  States 2  50 

Annual  fishing  license  to  noncitizen   10  00 

(Stats.  1913,  p.  986.) 
Sporting  fish  license  to  citizen  resident  over  18  years  (Stats.  1913, 

p.  987) 1  00 

Sporting  fish  license  to  citizen  nonresident  over  18  years  (Stats. 

1913,  p.  987)  3  00 

Sporting  fish  license  to  noncitizen  over  18  years   (Stats.  1913, 

p.  987)   3  00 

Fishermen's  license  (Stats.  1913,  p.  985) 10  OO 

For  license   to   establish   and  maintain  pond   for  fish   culture 

(Stats.  1911,  p.  378)   5  00 


FEE  TABLE.  1007 

Wholesale  fish  and  game  dealers'  license  for  citizens  and  aliens 

with  first  papers $  5  00 

Aliens 20  00 

Game  rearing  license 25  00 

State  Board  of  Health. 

Certified  copy  of  marriage  record   (Pol.  C.  3083) 50 

Certified  copy  of  birth   record    (Pol.   C.   3083) 50 

Search  of  records  for  above,  per  hour  (Pol.  C.  3083) 50 

Certified  copy  of  death  record  (Stats.  1911,  p.  287) 50 

Search  of  records  for  each  hour  and  fractional  part  (Stats.  1911, 

p.  287) .50 

State  Board  of  Medical  Examiners. 

Application  for  certificate 25  00 

In  case  credentials  are  insufficient  or  applicant  does  not 
take  the  examination,  $15  of  the  fee  is  returnable   (Stats. 
1913,  p.  725). 
Registration  for  physicians  and  surgeons  (Stats,  1913,  p.  730)  50  00 

Application  for  examination  for  physicians  and  surgeons 50  00 

Of  which  $40  is  returned  should  certificate  not  be  issued 
(Stats.  1913,  p.  731). 
Issuing  subpoenas  (Stats.  1907,  p.  252) 20 

State  Board  of  Optometry. 

(Stats.  1913,  p.  1101.) 

Application  for  examination  fee 20  00 

Certificate  of  registration 5  00 

Renewal  fee,  if  paid  before  August  1st 2  00 

Renewal  fee,  if  paid  after  August  1st 5  00 

For  restoring  forfeited  certificate  of  registration 25  00 

State  Board  of  Pharmacy. 

(Stats.  1905,  p.  535.) 
Every  application  for  registration,  whether  as  assistant,  licen- 
tiate, or  on  credentials,  must  be  accompanied  by  a  fee  of.      10  00 

For  licentiate  certificate  (if  granted),  an  additional 5  00 

For  registration  and  certificate  on  credentials  and  experience 

(if  granted),  an  additional 15  00 

For  temporary  certificate 3  00 

For  reissue   of   certificate 3  00 

For  re-registration  as  licentiate 2  00 

For  re-registration  as  assistant 1  00 

Fee  of  $10  which  accompanies  application  is  retained  in  all 

cases. 
For  the  registration  of  an  apprentice,  no  fee  is  charged. 
All  fees  must  be  paid  when  applications  are  filed. 
Semi-annual  license  of  itinerant  venders  of  drugs  (Stats.  1907, 

p.  765)  100  00 

For  permit  to   general  dealers  in  rural  districts,  annual  fee 

(Stats.  1909,  p.  1016) 8  00 


1008  hillyer's  legal  manual. 

State  Building  and  Loan  Commissioner. 

(Stats.  1905.  p.  659.) 

For  appraisement  within  corporate  limits  not  exceeding $3  00 

For  appraisement  outside  of  corporate  limits  not  exceeding 5  00 

State  Controller. 
Filing  transcript  of  judgment  (C.  C.  P.  710) 50 

State  Dairy  Bureau. 

(Stats.  1911,  p.  959.) 

For  license  to  manufacturer  of  butter  substitute — annual 100  00 

For  license  to  wholesale  dealers 50  00 

For  license  to  retail  dealers 5  00 

For  license  to  hotel,  restaurant  or  boarding-house  keeper.  . .  >  2  00 

(Stats.  1905,  p.  468.) 
License  fee,  manufacturers  of  renovated  butter  within  the 

state 1,000  00 

Wholesale  dealers 400  00 

Retail  dealers  50  00 

Hotels,  restaurants,  boarding-houses,  etc 10  00 

State  Land  Office. 

See  Surveyor  General. 

State  Registrar  of  Vital  Statistics.  ^ 

See  State  Board  of  Health. 

State  Superintendent  of  Banks. 

See  Superintendent  of  Banks. 

State  Treasurer. 

(Stats.  1912,  p.  639.) 
For  the  registration  of  every  motorcycle,  including  the  right 

of  the  owner  thereof  to  operate  the  vehicle 2  00 

For  the  registration  of  every  automobile  of  less  than  twenty 

horse-power 5  00 

For  the  registration  of  every  automobile  of  twenty  horse-power 

and  above,  but  less  than  thirty  horse-power 10  00 

For  the  registration  of  every  automobile  of  thirty  horse-power 

and  above,  but  less  than  forty  horse-power 15  00 

For  the  registration  of  every  automobile  of  forty  horse-power 

and  above,  but  less  than  fifty  horse-power 20  00 

For  the  registration  of  every  automobile  of  fifty  horse-power 

and  above,  but  less  than  sixty  horse-power 25  00 

For  the  registration  of  every  automobile  of  sixty  horse-power 

and  above 30  00 

For  the  registration  of  motor  vehicles  owned  by  or  under  the 

control  of  a  manufacturer  of  or  dealer  in  motor  vehicles,  if 

such  persons  operate  upon  the  public  highways  not  more 

than   five   automobiles 50  00 


FEE   TABLE.  1009 

And  for  every  automobile  in  excess  of  five  so  operated $10  00 

For  the  registration  of  all  of  the  motorcycles  owned  by  or 
under  the  control  of  a  manufacturer  of  or  dealer  in  motor- 
cycles who  does  not  manufacture  or  deal  in  automobiles, 
including  five  seals  to  be  furnished  with  the  certificates  of 

registration 5  00 

For  the  registration  of  every  automobile  and  of  the  motor  vehi- 
cles owned  by  or  under  the  control  of  a  manufacturer  of  or 
dealer  in  motor  vehicles,  who  applies  therefor  during  the 
period  beginning  with  the  first  day  of  August  and  ending 

on  the  thirty-first  day  of  December,  in  any  year 

One-half  of  the  foregoing  fees 

For  the  substitution  of  the  registration  of  an  automobile  for 

that  of  a  vehicle  previously  registered 2  00 

For  the  substitution  of  the  registration  of  a  motorcycle  for  that 

of  a  motorcycle  previously  registered 1  00 

For  every  original  chauffeur's  license 2  00 

For  the  renewal  of  any  chauffeur's  license  to  operate  automo- 
biles       2  00 

For  every  additional  seal  of  registration  or  license 50 

For  every  additional  number  plate  furnished  to  replace  such 
plates  as  have  been  lost  or  mutilated,  or  which  are  illegible 
and  for  every  additional  number  plate  furnished  to  a  man- 
ufacturer of   or  dealer  in  motor  vehicles   whose   business 

requires  more  than  five  pairs  of  such  plates 75 

For  every  additional  seal  furnished  to  replace  such  seals  as 
have  been  lost  or  mutilated,  or  which  are  illegible,  and  for 
every  seal  furnished  to  a  manufacturer  of  or  dealer  in  auto- 
mobiles for  use  on  motorcycles  owned  by  or  under  the  con- 
trol of  such  persons 50 

Provided,  however,  that  the  State  department  of  engineer- 
ing may  furnish  without  charge  copies  of  seals  of  registration 
and  licenses  to  operate,  and  copies  of  other  documents  re- 
lating thereto,  to  officers  of  the  State  or  of  any  court  thereof 
or  of  a  city  or  town  therein. 

For  issuing  duplicate  chauffeur's  badge 1  00 

Certified  copy  of  bond  of  Secretary  of  State  (Pol.  C.  957) 

Same  as  other  certified  copies 

Superintendent  of  Banks. 
(Bank  Act.) 
For  examination  of  title  of  securities  deposited  with  state  treas- 
urer by  trust  companies  not  to  exceed 20  00 

For  appraisement,  per  mortgage  or  deed  of  trust  for  each  ap- 
praiser       5  00 

For  certificate  of  approval  of  branch  office 50  00 

For  certificate  of  approval  of  department 50  00 

For  extra  examination,  per  day,  not  to  exceed 20  00 

For  copy  of  process  to  foreign  corporations 2  00 

64 


1010  hillyer's  legal  manual. 

Superintendent  of  Schools — County. 

Receiving  application  for  teacher's  certificate,  other  than  tem- 
porary (Pol.  C.  1565) $2  00 

Receiving  application  for  renewal  of  teacher's  certificate  (Pol.  C. 

1565)   2  00 

Superior  Court. 
See  County  Clerk ;  Jurors ;  Sheriff ;  Referees ;  Receivers ;  Witnesses. 

Supreme  Court  of  California,  Clerk  of. 

(Pol.  C.  752.) 

Filing  transcript  on  appeal,  civil  cases XO  00 

Filing  petition  for  rehearing 2  50 

Filing  motion  to  dismiss  appeal  on  clerk's  certificate 2  50 

Filing  petition  for  writ  of  mandate 7  50 

Filing  petition  for  writ  of  review 7  50 

Filing  petition  for  writ  of  prohibition 7  50 

Filing  order  extending  time  to  file  transcript 50 

Certificate  of  admission  as  attorney  and  counselor 10  00 

Filing  each  paper  in  writs  of  error  to  the  Supreme  Court  of  the 

United  States  25 

Making  record  in  writs  of  error  to  the  Supreme  Court  of  the 

United  States,  per  folio 10 

Making  copies  of  any  record  of  document  in  his  office  (not  taxed 
against  parties  to  suit  for  any  paper  or  copy  of  paper  up  to 

and  including  remittitur),  per  folio. 10 

Comparing  any  document  requiring  a  certificate,  which  was  not 
printed  or  typewritten  from  the  same  type  or  at  the  same 
time  as  the  original  or  which  has  not  been  corrected  in  all 

respects  to  conform  therewith,  per  folio 05 

Comparing  any  document  requiring  a  certificate  which  was 
printed  or  typewritten  from  the  same  type  or  at  the  same 
time  as  the  original  and  has  been  corrected  in  all  respects 

to  conform  therewith,  per  folio 01 

Administering  oaths  for  verification  of  claims  against  State...       Nil 
For  other  services.  . .  .The  same  fees  as  prescribed  for  notaries  public 

Supreme  Court  United  States,  Marshal  of. 

(U.  S.  Comp.  Stats.  1901,  p.  641.) 
For  the  service  of  any  warrant — 

For  each  person  on  whom  such  service  is  made   1  00 

For  service  of  any  attachment 1  00 

For  service  of  any  summons 1  00 

For  service  of  any  capias 1  00 

For  service  of  any  writ,  except  execution,  venire,  or  a  sum- 
mons, or  subpoena  for  a  witness 1  00 

Fees  for  all  other  services,  the  same  as  are  allowed  to  other 
marshals. 


PEE  TABLE.  1011 

Surveyor  General. 

For  license  to  surveyor  (Stats.  1907,  p.  310) .$10  00 

For  duplicate  license  (Stats.  1907,  p.  310) 5  00 

(Pol.  C.  501.) 

Certificate  of  purchase 3  00 

Duplicate  certificate  of  purchase 3  00 

Patent 5  00 

Duplicate  of  patent 5  00 

Certifying  contested  case  to  Superior  Court 10  00 

Copies  of  papers,  per  folio 20 

And  for  certificate  with  seal  attached 1  00 

Receiving  and  filing  application  to  purchase  public  lands  (Pol. 

C.  3574)    5  00 

Tax  Collector. 

For  issuing  license  (Pol.  C.  3364) 1  00 

For  services  required  to  be  performed  in  the  formation,  govern- 
ment and  control  of  overflow  district  (Stats.  1911,  p.  1397) 
No  fees 

Treasurer. 

See  State  Treasurer. 

Trustees  in  Bankruptcy. 

(Bankruptcy  Act,  §  487.) 

Trustees  in  bankruptcy  shall  receive  for  their  services 5  00 

A  commission  on  moneys  disbursed  or  turned  over  to  any  person, 
and  not  exceeding — 

On  the  first  $500 6% 

Over  $500  and  less  than  $1,500 4% 

Over  $1,500  and  less  than  $10,000 2% 

In  excess  of  $10,000 1% 

In  case  of  composition,  not  exceeding  J  of  1%   on  the 
amount  to  be  paid  to  creditors  on  composition. 
Where  the  business  is  conducted  by  trustee,  court  may  allow 
additional  compensation  by  way  of  commissions  upon  the 
money  disbursed  or  turned  over,  not  exceeding — 

On  the  first  $500 6% 

Over  $500  and  less  than  $1,500 4% 

Over  $1,500  and  less  than  $10,000 2% 

In  excess  of  $10,000 1% 

In  case  of  composition,  not  exceeding  i  of  1%   on  the 
amount  to  be  paid  to  creditors  on  composition. 

University  of  California. 

(Stats.  1903,  p.  259.) 

For  registering  fertilizer  annually 50  00 

For  analysis  of  sample  of  guaranteed  fertilizer 2  00 

License  fee  on  sale  of  fertilizers  at  over  $8  per  ton,  for  each  ton        25 


1012  hillyer's  legal  manual. 

For  certificate  of  registration  of  manufacturer,  importer,  agent 
of,  or  dealer  in  insecticide,  selling  price  of  which  is  not  less 
than  i^  per  pound  annually  (Stats.  1911.  p.  1248) $  1  00 

For  examination  or  analysis  of  samples  for  registered  insecti- 
cide   (Stats.    1911,   p.    1248) 1  00 

For  registering  nurse  (Stats.  1905,  p.  533) 5  00 

For  re-registration  of  nurse  (Stats.  1905,  p.  533) 1  OO 

U.  S.  Bureau  of  Patents. 

See  Patent  Office. 

U.  S.  Bureau  of  Pensions. 

See  Pensions. 

U.  S.  Circuit  Court  of  Appeals— Clerk. 

(Act  of  February  19,  1897.     See  Order,  169  U.  S.  740.) 

Docketing  case  and  filing  the  record 5  00 

Transferring  a  case  to  the  printed  calendar 1  00 

Entering  an  appearance    25 

Entering  a  continuance  25 

Filing  a  motion,  order  or  other  paper 25 

Entering  any  rule  or  making  or  copying  any  record  or  'other 

paper,  for  each   one   hundred   words 20 

Entering  a  judgment  or  decree 1  00 

Every  search  of  the  records  of  the  court,  and  certifying  the  same .  .     1  00 

Affixing  a  certificate  and  a  seal  to  any  paper 1  00 

Receiving,  keeping  and  paying  money,  in  pursuance  of  any  stat- 
ute or  order  of  court,  on  the  amount  so  received,  kept  and 

paid   1% 

Preparing  the  record  for  the  printer,  indexing  the  same,  super- 
vising the  printing,  and  distributing  the  copies,  for  each 

printed  page  of  the  record  and  index 25 

Making  a  manuscript  copy  of  the  record,  when  required  by  the 
rules,  for  each  one  hundred  words  (but  nothing  in  addition 

for  supervising  the  printing) 20 

Issuing  a  writ  of  error  and  accompanying  papers  or  a  mandate  or 

other  process 5  00 

Filing  briefs  for  each  party  appearing 5  00 

Copy  of  an  opinion  of  the  court,  certified  under  seal,  for  each 
printed  page  (but  not  to  exceed  $5  in  the  whole  for  any 

copy)   1  00 

Attorney's  docket  fee 20  00 

U.  S.  Commissioners. 

(Comp.  Stats.  1901,  p.  652.) 
Each  United  States  Commissioner  shall  be  entitled  to  the  fol- 
low^ing  named  fees,  and  none  other: 

Drawing  complaint,  with  oath  and  jurat  to  same 50 

Copy  of  complaint,  w^th  certificate  to  same 30 

Issuing  warrant   of   arrest 75 


FEE  TABLE.  1013 

Issuing  a  commitment  and  making  copy  of  same $1  00 

Entering    a   return 15 

Issuing  a  subpoena  or  subpoenas  in  any  one  case 25 

For  each  necessary  witness  in  addition  to  the  first 05 

Drawing  a  bond  of  defendant  and  sureties,  taking  acknowl- 
edgment of  same  and  justification  of  sureties 75 

Administering  an  oath   (except  to  witness  as  to  attendance 

and  travel)    10 

Eecognizance  of  all  witnesses  in  a  case,  when  the  defendant 

or  defendants  are  held  for  court 50 

Transcript  of  proceedings,  when  required  by  order  of  court 

and  transmission  of  original  papers  to  court 60 

Copy  of  warrant  of  arrest,  with  certificate  to  same,  when 
defendant  is  held  for  court,  and  the  original  papers  are 
not  sent  to  court 40 

Order  in  duplicate  to  pay  all  witnesses  in  a  case — for  first 

witness 30 

And  for  each  additional  witness 05 

And  for  the  oath  to  each  witness  as  to  attendance  and 
travel    , 05 

Hearing  and  deciding  on  criminal  charges  and  reducing  the 
testimony  to  writing  when  required  by  law  or  order  of 

court,  per  day  for  the  time  necessarily  employed 5  00 

Provided,  that  not  more  than  one  per  diem  shall  be  al- 
lowed in  a  case,  unless  the  account  shall  show  that  the  hear- 
ing could  not  be  completed  in  one  day,  when  one  additional 
per  diem  may  be  especially  approved  and  allowed  by  the 
court :  Provided,  further,  that  not  more  than  one  per 
diem  shall  be  allowed  for  any  one  day :  Provided,  further, 
that  no  per  diem  shall  be  allowed  for  taking  a  bond  or 
recognizance  and  passing  on  the  sufficiency  of  the  bond 
or  recognizance  and  the  sureties  thereon  when  the  bond 
or  recognizance  was  taken  after  the  defendant  had  been 
committed  to  prison  upon  a  final  commitment,  or  has 
given  bond  or  been  recognized  for  his  appearance  at 
court,  or  when  the  defendant  has  been  arrested  on  a 
capias  or  bench  warrant,  or  was  in  custody  under  any 
process  or  order  of  a  court  of  record. 

For  the  examination  and  certificate  in  case  of  application  for 
discharge  of  poor  convicts  imprisoned  for  nonpay- 
ment of  fine  or  fine  and  costs,  and  all  services  connected 
therewith,  in  a  civil  cause  at  law,  in  equity,  or  in  ad- 
miralty, in  pursuance  of  an  order  of  the  court 3  00 

Taking  and  certifying  depositions  to  file  in  civil  cases,  for 

each  folio 1^ 

For  each  copy  of  the  same  furnished  to  a  party  on  request, 

for  each  folio lO 

For  issuing  any  warrant  under  the  tenth  article  of  the  treaty 
of  August  9,  1842,  between  the  United  States  and  the 


1014 

Queen  of  the  United  Kingdom  of  Great  Britain  and 
Ireland,  against  any  parties  charged  with  any  crime  or 
offense  set  forth  in  said  article $2  00 

Issuing  any  warrant  under  the  provision  of  the  convention 
for  the  surrender  of  criminals  between  the  United  States 
and  the  King  of  the  French,  concluded  at  Washington, 

November  9,  1843 ' 2  00 

For  hearing  and  deciding  upon  the  case  of  any  person 
charged  with  any  crime  or  offense,  and  arrested  under 
the  provisions  of  said  treaty  or  of  said  convention,  per 

day  for  the  time  necessarily  employed 5  00 

For  hearing  and  deciding  a  case  under  the  Chinese  exclusion 

laws  (U.  S.  Comp.  Stats.  1901,  p.  1328) 5  00 

U.  S.  District  Court  Clerk's  Fees. 
(R.  S.,  p.  840;  U.  S.  Comp.  Stats.,  p.  635.) 

Issuing  and  entering  every  process 2  00 

Issuing  and  entering  every  commission   2  00 

Issuing  and  entering  every  summons 2  00 

Issuing  and  entering  every  capias    2  00 

Issuing  and  entering  every  execution 2  00 

Issuing  and  entering  every  warrant 2  00 

Issuing  and  entering  every  attachment 2  00 

Issuing  and  entering  every  writ,  except  a  writ  of  venire,  or  a 

summons  or  subpoena  for  witness 2  00 

Issuing  a  writ  of  summons 50 

Issuing  a  writ  of  subpoena 50 

Filing  and  entering  every  declaration 20 

Filing  and  entering  every  plea,  or  other  paper 20 

Administering  oath  or  affirmation,  except  to  a  juror 20 

Taking  an  acknowledgment 50 

Taking  and  certifying  depositions  to  file,  for  each  folio  of  one 

hundred  words 50 

Copy  of  such  deposition  furnished  to  a  party  on  request,  per 

folio 20 

Entering  any  return,  per  folio 30 

Entering  any  rule,  per  folio 30 

Entering  any  order,  per  folio 30 

Entering  any  continuance,  per  folio 30 

Entering  any  judgment,  per  folio 30 

Entering  any  decree,  per  folio. , 30 

Entering  any  recognizance,  per  folio 30 

Drawing  any  bond,  per  folio 30 

Making  any  record,  per  folio 30 

Making  any  certificate,  per  folio 30 

Making  return  or  report,  per  folio 30 

Copy  of  any  entry  or  record  of  any  paper  on  file,  per  folio. ...  20 
All  other  services  on  the  trial  or  argument  of  a  cause  where 

issue  is  joined  and  testimony  given 3  00 


FEE  TABLE.  1015 

Making  dockets  and  indexes,  in  a  cause  which  is  dismissed  or 
discontinued,  or  where  judgment  or  decree  is  made  or  ren- 
dered without  issue $2  00 

Taxing  costs  in  a  cause  which  is  dismissed  or  discontinued,  or 
where  judgment  or  decree  is  made  or  rendered  without 
issue.... •• 2  00 

Making  dockets  and  taxing  costs,  in  cases  removed  by  writ  of 

error  or  appeal 2  00 

Affixing  the  seal  of  the  court  to  any  instrument,  when  required      40 

Every  search  for  any  particular  mortgage,  judgment  or  other 

lien 30 

Searching  the  records  of  the  court  for  judgments,  decrees  or 
other  instruments  constituting  a  general  lien  on  real  estate, 
and  certifying  the  result  of  such  search,  for  each  person 
against  whom  such  search  is  required  to  be  made 30 

Receiving,  keeping  and  paying  out  money,  in  pursuance  of  any 
statute  or  order  of  court — on  the  amount  so  received,  kept 
and  paid 2% 

Traveling  from  the  office  of  the  clerk,  where  he  is  required  to 
reside,  to  the  place  of  holding  any  court  required  by  law  to 

be  held,  per  mile  going 10 

Per  mile  returning 10 

Attendance  on  court  per  day  while  in  session 10  00 

On  admission  of  attorney  to  practice  (U.  S.  Comp.  Stats.  1905,  p. 

160) 2  00 

(Bankruptcy  Act,  §  71.) 

Issuing  certificate  as  to  whether  or  not  petition  or  discharge 

in  bankruptcy  has  been  filed 

The  same  fees  allowed  for  certificates  as  to  judgments 

(Bankruptcy  Act,  §  52.) 

As  full  compensation  for  services  to  each  estate  in  bankruptcy 

except  where  not  required  from  a  voluntary  bankrupt 10  00 

U.  S.  Marshals. 

(R.  S.,  §  829.) 

Service  of  any  warrant 2  00 

Service  of  any  attachment 2  00 

Service  of  an}^  summons 2  00 

Service  of  any  capias 2  00 

Service  of  any  other  writ,  except  execution,  venire  or  a  sum- 
mons or  subpoena  for  a  witness 2  00 

Keeping  personal  property  attached  on  mesne  process, 
such  compensation  as  the  court,  on  petition  setting  forth 
the  facts  under  oath,  may  allow. 
Serving  venires  and  summoning  twelve  men  as  grand  or  petit 

jurors $4  00  or  33%ff  each 

Where  jurors  are  drawn  by  lot,  by  constables  or  other  officers 
of  corporate  places,  the  marshal  shall  receive,  for  each 
jury,  for  the  use  of  the  officers  employed  in  drawing  and 


1016  hillyer's  legal  manual. 

summoning  the  jurors  and  returning  each  venire $  2  00 

For  his  own  services  in  distributing  the  venires 2  00 

Fees  for  distributing  and  serving  venires,  drawing  and  sum- 
moning jurors  by  township  officers,  including  the  mileage 
chargeable  by  the  marshal  for  each  service,  shall  not  at 

any  court  exceed 50  00 

Holding  a  court   of  inquiry  or  other  proceedings  before   a 

jury,   including   the   summoning   of   a   jury 5  00 

Serving  a  writ  of  subpoena  on  a  witness 50 

Serving  a  writ  of  possession,  partition,  execution,  or 
any  final  process,  the  same  mileage  as  is  allowed  for  the 
service  of  any  other  writ. 
For  making  the  service,  seizing  or  levying  on  property,  ad- 
vertising and  disposing  of  the  same  by  sale,  setoff  or 
otherwise  according  to  law,  receiving  and  paying  over  the 
money,  the  same  fees  and  poundage  as  are  or  shall  be  al- 
lowed for  similar  services  to  the  sheriffs  of  the  State  in 
which  the  service  is   rendered. 

Each  bail  bond 50 

Summoning   appraisers 50 

Executing  a  deed  prepared  by  a  party  or  his  attorney 1  00 

Drawing  and  executing  a  deed 5  00 

Copies  of  writs  or  papers  furnished  at  the  request  of  any 

party,  per  folio 10 

Every    proclamation    in    admiralty 30 

Serving  an  attachment  in  rem  or  a  libel  in  admiralty 2  00 

Necessary  expenses  of  keeping  boats,  vessels  or  other  prop- 
erty attached  or  libeled  in  admiralty,  not  exceeding  per 

day 2  50 

When  debt  or  claim  in  admiralty  is  settled  by  the  parties 
without  sale  of  the  property,  the  marshal  shall  be  entitled 
to  a  commissi on^- 

On  the  first  five  hundred  dollars  of  the  claim  or  decree.  .  1% 
On  the  excess  of  any  sum  thereof  over  five  hundred  dol- 
lars  i  of  1% 

For  sale  of  vessels  or  other  property  under  process  in  admir- 
alty, or  under  order  of  a  court  of  admiralty  and  for  receiv- 
ing and  paying  over  money — 

On  any  sum  under  five  hundred  dollars 2^% 

In  excess  of  any  sum  over  five  hundred  dollars li% 

Disbursing  money  to  jurors  and  witnesses,  and  other  expenses  2% 

Expenses  while  employed  in  endeavoring  to  arrest,  under 
process,  any  person  charged  with  or  convicted  of  a  crime, 
the  sum  actually  expended,  not  to  exceed,  in  addition  to 

his  compensation  for  services  and  travel,  per  day 4  00 

And  for  deputy 3  00 

Every  commitment  or  discharge  of  a  prisoner 50 

Transporting  criminals,  for  himself  and  for  each  prisoner  and 

necessary  guard,  per  mile 10 


FEE   TABLE.  1017 

Transporting  criminals  convicted  of  a  crime  in  any  district 
or  territory  where  there  is  no  penitentiary  available  for 
the  confinement  of  convicts  of  the  United  States,  to  a 
prison  in  another  district  or  territory  designated  by  the 
Attorney  General,  the  reasonable  actual  expense  of  trans- 
portation of  the  criminals,  the  marshal  and  the  guards, 
and  the  necessary  subsistence  and  hire. 

Attending  the  Circuit  and  District  Courts,  when  both  are  in 
session,  or  either  of  them  when  only  one  is  in  session,  and 
for  bringing  and  committing  prisoners  and  witnesses  dur- 
ing the  term,  per  day $  5  00 

Attending  examinations  before  a  commissioner,  and  bringing 
in,  guarding  and  returning  prisoners  charged  with  crime, 
and  witnesses,  per  day 2  00 

For  each  deputy  not  exceeding  two,  necessarily  attending,  per 

day 2  00 

Traveling  from  his  residence  to  the  place  of  holding  court, 

to  attend  a  term  thereof,  per  mile  for  going  only 10 

Travel,  in  going  only,  to  serve  any  process,  in  civil  or  criminal 
cases,  to  be  computed  from  the  place  where  the  process  is 
returned  to  the  place  of  service,  or  when  more  than  one 
person  is  served  therewith,  to  the  place  of  service  which 
is  most  remote,  adding  thereto  the  extra  travel  which  is 
necessary  to  serve  it  on  the  others,  per  mile 06 

Travel,  in  going  only,  to  serve  any  warrant,  same  as  above, 

per  mile 06 

Travel,  in  going  only,  to  serve  any  attachment,  same  as  above, 

per  mile 06 

Travel,  in  going  only,  to  serve  other  writ,  including  writs  of 

subpoena,  same  as  above,  per  mile 06 

When  more  than  two  writs  of  any  kind  required  to  be 
served  in  behalf  of  the  same  party  on  the  same  person 
might  be  served  at  the  same  time,  the  marshal  shall  be 
entitled  to  compensation  for  travel  on  only  two  of  such 
writs;  and  to  save  unnecessary  expense,  it  shall  be  the 
duty  of  the  clerk  to  insert  the  names  of  as  many  witnesses 
in  a  cause  in  such  subpoena  as  convenience  in  serving  the 
same  will  permit. 

In  all  cases  where  mileage  is  allowed  to  the  marshal,  he 
may  elect  to  receive  the  same  or  his  actual  traveling  ex- 
penses, to  be  proved  on  his  oath,  to  the  satisfaction  of 
the  court. 

From  the  estate  where  an  adjudication  in  bankruptcy 
is  made,  except  as  otherwise  provided,  for  the  perform- 
ance of  their  service  in  proceedings  in  bankruptcy,  the 
same  fees,  as  they  are  entitled  to  receive  for  the  perform- 
ance of  the  same  or  similar  services  in  other  cases  in  ac- 
cord with  laws  now  in  force,  or  such  as  may  be  hereafter 
enacted,  fixing  the  compensation  of  marshals.  (Bank- 
ruptcy Act,  §  52.) 


1018  hillyer's  legal  manual. 

(Bankruptcy  Act,  §  48.) 
Commissions   on   moneys   disbursed    or  turned    over  to    any 

person  not  exceeding  on  the  first  $500 6% 

Over  $500  and  less  than  $1,500 4% 

Over  $1,500  and  less  than  $10,000 2% 

In  excess  of  $10,000 1% 

In  case  of  composition,  not  exceeding  i  of  1%  on  the 
amount  to  be  paid  to  creditors  on  composition. 
When  marshal  acts  as  mere  custodian,  and  does  not  carry  on 
the  business  of  the  bankrupt,  not  exceeding  on  the  first 

$1000 2% 

On  all  above  $1,000 i  of  1% 

Where  the  business  is  conducted  by  a  marshal,  additional 
compensation  by  way  of  commissions  upon  moneys  dis- 
bursed or  turned  over,  or  afterward  realized  by  the 
trustee  from  property  turned  over  in  kind  by  the  marshal 

to  the  trustee,  not  exceeding  on  the  first  $500 6% 

Over  $500  and  less  than  $1,500 4% 

Over  $1,500  and  less  than  $10,000 2% 

In  excess  of  $10,000 1% 

In  ease  of  composition,  not  exceeding  J  of  1%  on  the 
amount  to  be  paid  to  creditors  on  composition. 

U.  S.  Supreme  Court,  Clerk  of. 
(Rule  XXIV,  U.  S.  Supreme  Court.) 
Docketing  a  case  and  filing  and  indorsing  the  transcript  of  the 

record $  5  00 

Entering  an  appearance 25 

Entering  a  continuance 25 

Filing  a  motion,  order  or  other  paper 25 

Entering  any  rule,  or  for  making  or  copying  any  record,  or 

other  paper,  per  folio,  each  100  words 20 

Transferring  each  case  to  a  subsequent  docket  and  indexing 

same 1  00 

Entering  a  judgment  or  decree 1  00 

Each  search  of  the  records  of  the  court 1  00 

Certificate  and  seal 2  00 

Receiving,  keeping  and  paying  money  in  pursuance  of  any 
statute  or  order  of  court — on  the  amount  so  received,  kept 

and  paid 2% 

Admission  to  the  bar  and  certificate  under  seal 10  00 

Preparing  record  or  transcript  for  the  printer,  indexing  the 
same,  supervising  the  printing,  and  distributing  the  printed 
copies  to  the  justices,  the  reporter,  the  law  library,  and  the 

parties  or  their  counsel,  per  folio 15 

Making  a  manuscript  copy  of  the  record,  when  required  under 
Rule  10,  but  nothing  in  addition  for  supervising  the  print- 
ing, per  folio 20 

Issuing  writ  of  error  and  accompanying  papers 5  00 


FEE  TABLE.  1019 

Mandate  or  other  process $  5  00 

Filing  briefs,  for  each  party  appearing 5  00 

Copy  of  any  opinion  of  the  court,  or  any  justice  thereof,  certi- 
fied under  seal,  for  every  printed  page  but  not  exceeding 
$5  in  the  whole  for  any  copy 1  00 

Witness'  Fees. 
(Pol.  C.  4300g.) 

Each  day's  actual  attendance,  when  legally  required  to  attend 

upon  the  Superior  Court,  per  day,  civil  cases 2  00 

Each  day's  actual  attendance,  when  legally  required  to  attend  upon 

the  Superior  Court,  per  day,  criminal  cases 1  50 

Mileage  actually  traveled,  one  way  only,  per  mile 10 

Each  day's  actual  attendance,  when  legally  required  to  attend  be- 
fore a  grand  jury 1  50 

Each  mile  actually  traveled  in  attending  as  such  witness  before  a 

grand  jury,  one  way  only 10 

Each  day's  attendance  upon  a  Justice's  Court,  in  civil  cases  only, 

when  legally  required  to  attend,  per  day 1  00 

Each  mile  actually  traveled,  in  civil  cases  only,  in  a  Justice's  Court, 

in  going  only 10 

Witnesses  in  civil  cases  may  demand  the  payment  of  their 
mileage  and  fees  for  one  day,  in  advance,  and  when  so  de- 
manded shall  not  be  compelled  to  attend  until  the  same  shall 
have  been  paid. 

El  Dorado. 
In  criminal  cases  in  the  Superior  Court  (when  necessary  for  the 

expenses  of  the  witness)  per  diem 2  00 

Mileage,   one  way 15 

Inyo. 

Superior  Court,  per  diem 2  00 

Mileage,   going  only 20 

Justice 's  Court  in  civil  cases  only,  per  diem 2  00 

Mileage  going  only  (in  civil  cases  only) 20 

Before  the  Grand  Jury,  per  diem 2  00 

Mileage,  going  only 20 

Stanislaus. 
In  criminal  cases  and  cases  of  dependent  and  delinquent  persons, 

per  diem   2  00 

Mileage,  one  way 10 

Tuolumne. 
(Pol.  C.  4268.) 
Superior  Court  criminal  cases  (for  indigent  witnesses  only),  per 

diem 1  50 

Mileage,  one  way  only 10 


1020 

Witness'  Fees — Federal  Courts. 

(U.  S.  Comp.  Stats.  i901,  p.  654.) 
For  each  day's  attendance  in  court,  or  before  any  officer  pursuant 

to  law $1  00 

And  for  going  from  his  place  of  residence  to  the  place  of  trial 

or  hearing,  per  mile 05 

And  for  returning,  per  mile 05 

When  a  witness  is  subpoenaed  in  more  than  one  cause  be- 
tween the  same  parties,  at  the  same  court,  only  one  travel  fee 
and  one  per  diem  compensation  shall  be  allowed  for  attend- 
ance. 
Both  shall  be  taxed  in  the  case  first  disposed  of,  after  which  the  per 
diem  attendance  fee  alone  shall  be  taxed  in  the  other  cases  in 
the  order  in  which  they  are  disposed  of. 
When  a  witness  is  detained  in  prison  for  want  of  security  for  his 
appearance,  he  shall  be  entitled,  in  addition  to  his  subsistence, 
to  a  compensation  per  day  of 1  00 

Witness'  Fees — State  Railroad  Commission. 

For  each  day 's  attendance 2  00 

Mileage,  each  way 5 

Witnesses — Compensation  of  Seamen  Sent  Home  as. 

(Comp.  Stat.  1901,  p.  655.) 
There  shaU  be  paid  to  each  seaman  or  other  person  who  is  sent  to 
the  United  States  from  any  foreign  port,  station,  sea,  or  ocean, 
by  any  United  States  minister,  charge  d'affaires,  consul,  cap- 
tain, or  commander,  to  give  testimony  in  any  criminal  case 
depending  in  any  court  of  the  United  States,  such  compensa- 
tion, exclusive  of  subsistence  and  transportation,  as  such  court 

may  adjudge  to  be  proper,  not  exceeding 1  00 

For  each  day  necessarily  employed  in  such  voyage,  and  in 
arriving  at  the  place  of  examination  or  trial.  In  fixing  such 
compensation,  the  court  shall  take  into  consideration  the 
condition  of  said  seaman  or  witness,  and  whether  his  voyage 
has  been  broken  up,  to  his  injury,  by  his  being  sent  to  the 
United  States.  When  such  seaman  or  person  is  transported 
in  an  armed  vessel  of  the  United  States,  no  charge  for  sub- 
sistence or  transportation  shall  be  allowed. 
When  he  is  transported  in  any  other  vessel,  the  compensa- 
tion for  his  transportation  and  subsistence,  not  exceeding 

in  any  case 50 

A  day,  may  be  fixed  by  the  court,  and  shall  be  paid  to 
the  captain  of  said  vessel  accordingly. 

No  Fee. 

By  any  officer  for  anything  connected  with  apprenticing  homeless  minor. 

(C.  C.  268.) 
For  filing  statement  or  affidavit  of  committee  or  candidate  voted  for  at 

public  election.     (Pol.  C.  4301.) 


BOND    RATES.  1021 

For  filing  or  swearing  to  any  claim  or  demand  against  a  county.     (Pol. 

C.  4301.) 
Habeas  corpus,  etc.     (Pol.  C.  4297.) 
For   administering   or   certifying   to   any   request   of   National   Guard. 

(Pol.  C.  2106.) 
Recording  certificates  of  births  and  marriages.     (Pol.  C.  3078.) 
No  member  of  the  legislature  or  State  officer  shall  be  charged  for  any 

search  relative  to  matters  appertaining  to  the  duties  of  his  office; 

nor  shall  he  be  charged  any  fee  for  a  certified  copy  of  any  law  or 

resolution  passed  by  the  legislature  relative  to  his  official  duties. 

(Pol.  C.  409.) 
Pension  matters.     (Pol.  C.  4301.) 
Registration.     (Pol.  C.  1071.) 
On  estates  less  than  $75  for  burial  purposes.     (C.  C.  P.  1726a.) 


RATE  SCHEDULE  OF  BONDING  COMPANIES  FOR 
COURT,  FIDUCIARY,  INSOLVENCY  AND  PRO- 
BATE BONDS. 

Applicable  to  California. 

Rate  for  Bonds  Required  of  Litigants. 

Appeal,  attachment,  certiorari,  condemnation  of  land,  costs,  counter- 
replevin,  damages,  discharge  of  injunction,  execution,  forthcoming,  gar- 
nishment, injunction,  land  damage,  libelants,  mandamus,  petitioning 
creditors,  postponement  or  adjournment  of  trial,  release,  removal  of 
cause,  replevin,  right  of  way,  stay  of  execution,  stay  of  proceedings, 
stipulation  for  costs,  stipulation  for  value,  supersedeas,  writ  of  error, 
writ  of  prohibition,  or  any  bond  to  enable  plaintiff  or  defendant  to  pur- 
sue the  remedy  of  the  courts,  or  staying  or  guaranteeing  the  payment 
of  any  recovery  or  relief,  $5  per  M  per  annum. 

To  indemnify  sheriff  or  marshal  or  other  officer  for  seizure  of  prop- 
erty under  writ  of  attachment,  execution,  replevin,  etc.,  or  under  Federal 
Bankruptcy  Act,  $5  per  M  per  annum. 

Minimum  premium  for  all  the  above  court  bonds  up  to  and  including 
$500,  $5  per  annum. 

Minimum  premium  for  bonds  over  $500,  $10  per  annum. 

On  all  court  bonds  premium  is  computed  on  the  penalty  of  the  bond; 
except  that  if  an  undertaking  without  penalty  is  given,  premium  com- 
puted on  the  estimated  liability  to  be  ascertained  by  adding  to  the 
amount  of  the  value  of  the  property,  or  of  the  judgment  or  claim,  or 
other  matter  in  controversy,  two  years'  interest  at  six  per  cent  (6%) 
per  annum,  and  $250  probable  costs. 

To  release  mechanics'  liens  which  have  been  filed  or  to  release  lis 
pendens  or  to  release  or  guarantee  payment  of  lien  of  judgment,  mort- 
gage or  other  liens  existing  on  property,  $10  per  M  per  annum. 

Minimum  premium  for  liens  not  exceeding  $200,  $5  per  annum. 

Where  the  amount  of  liens  exceeds  $200,  $10  per  annum. 


1022  HILLYER^S  LEGAL   MANUAL. 

Arrest  in  Civil  Proceedings. 

Bonds  to  procure  order  of  arrest,  discbarge  from  arrest,  bail,  or  jail 
liberties  in  civil  actions  only,  $10  per  M  per  annum — Minimum,  $10. 

Bail  Bonds  in  Criminal  Proceedings. 

$20  per  M  per  annum — Minimum  $10. 

The  premium  of  $20  per  thousand  for  bail  bonds  in  criminal  proceed- 
ings shall  cover  such  subsequent  bail  bonds  or  recognizances  as  may 
be  required  of  the  same  principal  for  the  same  offense,  and  during  the 
same  year,  provided  the  penalty  thereof  is  not  increased.  Should  the 
penalty  of  subsequent  bonds  be  increased,  the  premium  of  $20  per  thou- 
sand per  annum  shall  be  charged  on  such  increase;  and  should  it  be 
diminished  no  abatement  from  the  original  premium  shall  be  made  there- 
for. 

Pure  Food  and  Drugs  Act. 

Adulteration,  misbranding  and  other  violations  of  the  Pure  Food  and 
Drugs  Act  are  misdemeanors;  bonds  for  defendant  prosecuted  under 
this  act,  or  for  the  release  of  goods  seized  under  the  act,  are  therefore 
criminal  bail  bonds,  rated  at  $20  per  M. 

Automobile  Bail  Bonds. 

$20  per  M — Minimum,  $10. 

Power  of  Attorney. 

Empowering  automobilists  to  furnish  bail  bonds  covering  themselves, 
their  immediate  family,  and  their  chauffeur : 

One  power  of  attorney  for  any  term  not  exceeding  one  year,  $5. 

Two  powers  of  attorney  for  any  term  not  exceeding  one  year,  $10. 

No  refund  to  be  made  for  nonuse  or  for  short  term. 

On  all  court  bonds  extending  over  one  year  an  annual  renewal  pre- 
mium is  charged  at  the  same  rate  as  the  first  premium.  When  bond  is 
canceled,  refund  may  be  made  from  renewal  premiums  only  of  unearned 
premium  at  Western  Union  Short  Rate  Table.  On  all  court  bonds  which 
expire  within  the  first  year,  the  first  annual  premium  paid  is  deemed 
to  be  fully  earned,  and  no  rebate  therefrom  is  made;  except,  however, 
as  follows : 

Where  bond  in  preliminary  proceedings  (as  injunction,  certiorari, 
mandamus  or  prohibition)  has  been  given  and  in  the  same  action  or 
proceeding  the  writ  or  relief  is  made  permanent,  and  another  bond  is 
required,  if  new  bond  is  given  within  six  months  of  the  date  of  prelimi- 
nary bond,  there  may  be  applied  to  premium  on  new  bond  a  refund  of 
one-half  the  premium  paid  for  preliminary  bond,  such  refund,  however, 
not  to  reduce  net  premium  earned  on  preliminary  bond  below  the  amount 
of  $10. 

Where  bond  has  been  given  to  stay  execution  of  judgment  pending 
permission  to  Appeal ;  and  within  six  months  such  permission  to  appeal 
is  granted,  and  new  bond  on  appeal  is  required  in  the  same  case,  there 
may  be  applied  to  the  payment  of  premium  on  the  subsequent  bond  a 


BOND   RATES.  1023 

refund  of  one-half  the  premium  paid  on  the  former  bond,  such  refund, 
however,  not  to  reduce  the  net  earned  premium  on  the  former  bond 
below  $10. 

Fiduciary  and  Insolvency  Bonds. 
(For   fiduciaries   in    administration,   probate,    decedent's    estate,    or 
orphan's  estate,  see  p.  1027.) 

Rates  on  these  bonds  are  computed  on  the  penal  sum  named  in  the 
bond ;  that  is,  on  the  amount  of  the  bond  irrespective  of  the  amount  of 
the  estate  or  of  any  estimated  liability  under  the  bond. 

Receivers  of  National  Banks  appointed  by  the  Comptroller  of  the 
Currency,  $2.50  per  M  per  annum. 

Receivers  appointed  in  all  State  courts,  and  receivers  in  Federal  courts 
except  in  proceedings  under  the  Federal  Bankruptcy  Act,  $5  per  M 
per  annum. 

Minimum  premiums  on  bonds  less  than  $1,000,  $5  each;  on  bonds, 
$1,000  and  upwards,  $10  each. 

Receivers  in  bankruptcy  appointed  by  the  Federal  bankruptcy  court, 
and  trustees  in  bankruptcy  under  the  Federal  Bankruptcy  Act : 
On  bonds  up  to  $100,000,  $3  per  M  per  annum. 
Over  $100,000  up  to  $250,000,  $300  for  the  first  $100,000  and  $2  per 

M  per  annum  on  excess. 
Over  $250,000  up  to  $500,000,  $600  for  the  first  $250,000  and  $1.50 

per  M  per  annum  on  excess. 
Over  $500,000,  $975  for  the  first  $500,000  and  $1  per  M  per  annum 
on  excess. 
Minimum  premiums  on  bonds  for  receivers  and  trustees  appointed 
under  Federal  bankruptcy  law: 

Bonds  of  $200  and  under  $2.50  each ;  over  $200  and  less  than  $1,000, 
$5  each ;  $1,000  and  over,  $10  each. 
Where  a  temporary  fiduciary  is  succeeded  by  a  permanent  fiduciary 
(as  where  a  receiver  in  bankruptcy  is  succeeded  by  a  trustee  in  bank- 
ruptcy), the  earned  premium  on  the  temporary  fiduciary's  bond  for  the 
period  of  liability  may  be  computed  at  the  Short  Rate  Table  (p.  1027), 
subject  to  a  minimum  earned  premium  on  bonds  of  $200  and  less  of  $2.50 
each,  and  for  bonds  over  $200  of  $5  each. 

Commissioners,  masters  or  referees  appointed  by  Federal  or  State 
courts  for  the  sale  of  property  under  foreclosure,  or  for  the  sale  of  prop- 
erty for  the  benefit  of  creditors,  in  litigation  or  in  liquidating  or  winding 
up  proceedings,  where  such  commissioners  are  not  charged  with  the  per- 
formance of  any  duties  in  the  conduct  of  their  trust,  other  than  such 
sale  and  the  distribution  of  its  proceeds,  $3  per  M  per  annum — Minimum, 
$5  per  annum  for  each  appointee. 

Assignee  or  trustee  for  the  benefit  of  creditors  under  State  laws,  and 
bonds  given  by  survivor  of  partnership,  $10  per  M  per  annum — Mini- 
mum, $10  per  annum. 

Where  assignors  for  the  benefit  of  creditors  are  petitioned  into  bank- 
ruptcy and  the  assigned  estate  is  turned  over  to  the  custody  of  the 
Federal  bankruptcy  courts,  if  the  assignee's  account  is  approved  and 


1024 

his  bond  released  by  the  bankruptcy  court,  the  amount  allowed  to  him 
by  such  court  for  premium  on  his  bond  as  assignee  may  be  accepted  as 
the  minimum  earned  premium  on  such  bond  for  the  period  of  liability. 
If  no  premium  is  allowed  the  assignee  by  the  bankruptcy  court,  then  the 
minimum  earned  premium  on  his  bond  as  assignee  is  $5  per  thousand. 

On  all  bonds  for  the  fiduciaries,  receivers,  assignees,  or  trustees  in 
bankruptcy  or  insolvency  extending  over  one  year,  an  annual  renewal 
premium  is  charged  at  the  same  rate  as  the  first  premium.  When  bond 
is  canceled,  refund  may  be  made  from  renewal  premiums  only  at  Western 
Union  Short  Rate  Table  (p.  1027).  Where  such  bond  expires  within 
the  first  year,  the  first  annual  premium  paid  is  deemed  to  be  fully  earned, 
and  no  rebate  therefrom  is  made ;  except,  however,  as  follows : 

Where  the  receivership  or  trust  is  closed  and  taken  from  the  further 
custody  of  the  court  either  by  winding  up  and  distribution  to  creditors, 
or  by  composition  and  settlement,  or  by  the  reassignment  of  the  estate, 
no  refund  of  unearned  premium  shall  be  made. 

Where  a  trust  or  receivership  is  retained  in  the  custody  of  the  court, 
but  a  different  fiduciary  is  appointed  to  carry  out  the  orders  of  the  court, 
or  the  same  fiduciary  is  appointed  in  a  different  capacity,  or  a  temporary 
fiduciary  is  succeeded  by  a  permanent  fiduciary  (as  where  a  receiver  in 
bankruptcy  is  succeeded  by  a  trustee  in  bankruptcy),  if  the  successor 
or  permanent  fiduciary  is  former  or  temporary  fiduciary,  bond  may  be 
computed  at  the  Short  Rate  Table;  no  refund  for  unearned  premium, 
however,  shall  be  given  which  shall  reduce  the  net  earned  premium  below 
the  minimum  premiums  herein  given.  The  same  rule  applies  where  a 
receiver  or  other  fiduciary  is  appointed  to  succeed  himself  in  winding 
up  the  same  estate  and  is  required  to  give  a  new  bond  for  that  purpose. 
In  any  case  where  no  bond  is  given  by  the  successor  or  permanent  fidu- 
ciary, no  refund  shall  be  made  from  the  premium  paid  by  the  former  or 
temporary  fiduciary. 

Probate  Bonds  in  Probate,  Decedents',  Orphans',   or  Incompetents' 

Estates. 

Rates  on  these  bonds  are  computed  on  the  penal  sum  named  in  the 
bond ;  that  is,  on  the  amount  of  the  bond  irrespective  of  the  amount  of 
the  estate,  or  of  any  estimated  liability  under  the  bond. 

Administrator,  special  administrator,  administrator  with  the  will  an- 
nexed, administrator  d.  b.  n.,  administrator  to  sell  real  estate,  executor, 
general  guardian,  special  guardian,  guardian  ad  litem,  guardian  on  sale 
of  real  estate,  trustee  under  will  or  deed,  or  on  sale  of  real  estate,  and 
commissioner  for  sale  of  real  property : 

Bonds  up  to  and  including  $10,000,  $4  per  M  per  annum. 

No  premium  less  than  $10  where  the  bond  is  in  the  amount  of  $1,000 
or  over.     Where  bond  is  less  than  $1,000,  no  premium  less  than  $5. 

Bonds  over  $10,000,  up  to  $100,000,  $40  for  the  first  $10,000,  and  $3 
per  M  per  annum  on  excess. 

No  premium  more  than  $300  for  bond  of  $100,000  or  less. 

Bonds  over  $100,000  up  to  $250,000,  $300  for  the  first  $100,000  and 
$2  per  M  per  annum  on  excess. 


BOND   RATES.  1025 

Bonds  over  $250,000  up  to  $500,000,  $600  for  the  first  $250,000  and 
$1.50  per  M  per  annum  on  excess. 

Bonds  over  $500,000,  $975  for  the  first  $500,000,  and  $1  per  M  per 
annum  on  excess. 

On  all  fiduciaries'  bonds  under  this  title  extending  over  one  year,  an 
annual  renewal  premium  is  chartered  in  the  amount  of  two-thirds  the  first 
premium.  On  all  such  bonds  of  less  than  $1,000,  the  minimum  first  pre- 
mium is  $5,  and  the  minimum  annual  renewal  premium  is  $5.  On  all 
such  bonds  of  $1,000  or  more,  the  minimum  first  premium  is  $10,  and 
the  minimum  annual  renewal  premium  is  $10.  If  premium  for  two  or 
more  years  is  paid  in  advance,  the  minimum  premium  herein  given 
applies  to  the  first  year,  and  two-thirds  thereof  is  the  minimum  premium 
for  each  subsequent  year  for  which  advance  payment  is  made.  On  all 
fiduciaries'  bonds  under  this  title  expiring  within  the  first  year,  the  first 
annual  premium  paid  is  deemed  to  be  fully  earned,  and  no  rebate  there- 
from is  made,  except,  however,  as  follows : 

Where  a  fiduciary  succeeds  himself  in  a  different  capacity  but  retains 
custody  of  the  same  estate  and  is  required  to  give  new  bond  for  his  new 
appointment  within  less  than  a  year  of  the  date  of  execution  or  renewal 
of  his  first  bond,  the  earned  premium  on  the  first  bond  may  be  computed 
in  accordance  with  the  short  rate  table,  and  there  may  be  applied  to  the 
premium  on  the  new  bond  a  refund  of  the  unearned  premium  paid  for 
the  first  bond;  such  refund,  however,  not  to  reduce  the  premium  earned 
on  the  first  bond  below  $5  if  the  first  bond  is  in  the  sum  of  $1,000  or  less 
or  below  $10  if  the  first  bond  is  in  the  sum  of  more  than  $1,000. 

Where  the  liability  on  the  bond  of  a  receiver,  administrator,  or  other 
fiduciary  has  been  reduced  by  competent  evidence  or  by  an  order  of  a 
competent  court,  based  on  a  legal  distribution  of  the  assets,  or  a  portion 
of  the  assets  of  the  estate,  the  renewal  premium  on  the  bond  for  the 
second  and  subsequent  years  may  be  reduced  in  the  same  proportion, 
unless  there  remains  in  the  estate  undistributed  assets  equal  to  the 
amount  of  the  bond,  in  which  case  there  is  no  other  reduction  of  annual 
renewal  premium  than  provided  for  in  the  rate  table.  No  reduction, 
however,  by  reason  of  distributed  assets  or  otherwise  shall  make  the  an- 
nual renewal  premium  so  long  as  the  bond  or  any  part  thereof  remains 
in  force,  less  than  $5. 

Where  a  guardian  is  appointed  for  two  or  more  minors  in  the  same 
family,  and  entitled  to  a  share  of  the  same  estate,  and  a  separate  bond 
is  required  to  be  given  by  him  for  each  minor,  the  premium  for  the  first 
and  subsequent  years  is  calculated  upon  the  sum  total  of  all  the  guard- 
ians' bonds  thus  required  for  the  whole  estate  instead  of  a  minimum 
charge  for  each  separate  bond.  When  a  trustee  gives  separate  bonds 
covering  individual  trusts  created  by  one  instrument,  the  premium 
thereon  is  computed  on  the  sum  total  of  such  bonds. 

If   two   or   more   receivers,   administrators,   or   other   fiduciaries   are 
appointed  for  the  same  estate  and  give  a  joint  bond,  there  is  charged  a 
single  premium  computed  on  the  penalty  of  such  joint  bond. 
65 


1026 

Where  two  or  more  receivers,  administrators  or  other  fiduciaries  are 
appointed  for  the  same  estate  and  each  give  separate  bond,  there  is 
charged  one  full  premium  at  regular  rates  computed  on  the  penalty  of 
one  such  bond;  plus  an  additional  charge  of  15%  of  the  regular  pre- 
mium to  be  computed  on  the  penalty  of  each  additional  bond  required. 
Where  separate  bonds  are  thus  given  for  joint  fiduciaries  of  the  same 
estate  and  are  written  in  more  than  one  surety  company,  agents  arrange 
that  the  gross  premium  for  all  fiduciaries,  computed  according  to  this 
rule,  are  so  divided  that  an  equal  amount  thereof  is  charged  on  each 
fiduciary's  bond. 

Where  two  or  more  receivers,  administrators  or  other  fiduciaries  are 
appointed  to  jointly  administer  a  receivership,  estate  or  other  trust,  and 
one  of  such  fiduciaries  is  a  trust  company  or  other  corporation  which  by 
statute  or  charter  is  relieved  from  giving  bond,  the  rate  on  the  bonds 
given  by  those  fiduciaries  of  whom  bond  is  required  is : 

For  one  bond  covering  one  or  more  bonded  fiduciaries  acting  jointly 
with  a  nonbonded  trust  company : 

60  per  cent  of  the  regular  first  and  renewal  premiums. 

For  two  such  individual  fiduciaries,  each  giving  separate  bond,  30 
per  cent  for  each. 

For  each  one  of  three,  25  per  cent. 

For  each  one  of  four  or  more,  20  per  cent. 

Where  a  fiduciary  is  required  to  file  an  additional  bond,  the  following 
rules  are  the  guide  as  to  the  computation  of  premium: 

1.  Where  the  additional  bond  is  of  the  same  character  as  the  first  bond 
given  by  the  fiduciary  to  qualify  for  his  office,  and  is  required  simply 
because  further  assets  of  the  estate  have  been  discovered,  premium  is 
computed  on  the  total  amount  of  the  first  bond  and  the  additional  bond. 
Thus,  if  the  first  bond  is  $100,000,  and  further  assets  of  the  estate  are 
discovered  requiring  an  additional  bond  of  $100,000,  the  premium  of 
$300  having  been  paid  on  the  first  bond,  premium  on  the  second  will  be 
$200,  being  equivalent  to  total  premium  of  $500  for  a  total  penalty  of 
$200,000. 

2.  Where  new  bond  is  required  for  the  same  fiduciary  in  the  same 
estate,  more  than  a  year  after  his  first  appointment  and  therefore  when 
the  ''two-thirds  rule"  applies  to  renewal  premium  on  his  original  bond, 
the  '* two-thirds  rule"  will  likewise  apply  to  the  first  premium  on  the 
new  bond.  Where  new"  bond  is  given  for  a  new  appointee  succeeding 
the  first  fiduciary,  the  ''two-thirds  rule"  shall  not  apply  to  the  first  pre- 
mium on  the  bond  of  the  new  appointee.  The  new  appointment  and 
new  bond  constitute  a  new  risk,  for  which  the  regular  first  year's  pre- 
mium shall  be  charged. 

3.  Where  a  fiduciary  has  given  general  bond  to  qualify  for  his  office, 
and  an  additional  bond  is  subsequently  required  for  the  sale  of  real 
property  of  the  estate : 

a.  If  the  fiduciary's  first  bond  given  to  qualify  him  for  his  office  is 
based  on  the  total  value  of  the  estate,  both  real  and  personal  property, 
the  premium  on  any  additional  bond  required  of  him  for  the  sale  of  any 


SHORT   RATES. 


1027 


such  real  property  of  the  estate  (already  covered  by  his  first  bond)  is 
one-half  the  regular  rate. 

b.  Where  the  fiduciary's  first  bond  given  to  qualify  him  for  his  office 
is  based  only  on  the  value  of  the  personal  property  of  the  estate,  or 
includes  only  rents  and  profits  of  the  real  property,  and  not  the  value 
of  the  fee  of  the  real  property,  the  premium  on  a  bond  subsequently 
required  of  him  for  the  sale  of  real  property  of  the  estate  is  computed  at 
regular  rates  for  such  bond  as  a  separate  and  distinct  risk.  Such  bond 
is  not  entitled  to  the  benefit  of  the  rule  for  a  fiduciary  succeeding  him- 
self in  a  different  capacity,  nor  is  it  entitled  to  have  premiums  computed 
upon  it  as  an  addition  to  the  fiduciary's  general  bond. 

Refunding  Bonds. 

Bonds  given  by  a  creditor  or  heir  or  distributee  or  legatee  to  an  exec- 
utor or  administrator  to  secure  an  advance  payment  of  his  interest  in 
an  estate  prior  to  its  final  settlement:  Rate,  $10  per  M  flat  for  term  of 
bond — Minimum,  $10. 

Bonds  Guaj-anteeing  Against  Decedent's  Debts. 

Bonds  running  to  purchasers  of  real  estate  of  a  decedent  sold  by  heirs 
prior  to  the  expiration  of  the  time  for  presentation  of  claims  against  an 
estate :  Rate,  $10  per  M  flat  for  term  of  bond — Minimum,  $10. 

Bonds  Given  by  Heirs  of  an  Estate. 

Partial  distribution  of  decedent's  estate,  under  sections  1658  and  1661, 
California  Code  of  Civil  Procedure:  Rate,  $10  per  M  flat  for  term  of 
bond — Minimum,  $5. 


SHORT  RATE  TABLE. 

(Western  Union.)  • 


day 
days 


1 
2 
3 
4 

5  days 

6  days 

7  days 

8  days 


Per  cent  of 

Annual 
Premium. 

2 


9  days 10 

10  days 10 

11  days 11 

12  days 12 

13  days 13 

14  days 13 

15  days  14 

16  days 14 

17  days 15 

18  days 16 


Per  cent  of 

Annual 
Premium. 

19  days 16 

20  days 17 

25  days 19 

30  days 20 

35  days 23 

40  days 26 

45  days 27 


50 


28 


55  days 29 

60  days 30 

65  days 33 

70  days 36 

75  days 37 

80  days 38 

85  days 39 

90  days  or  3  months 40 

105  days 45 

120  days  or  4  months 50 


1028 


HILLYER^S   LEGAL    MANUAL. 


Per  cent  of 
Annual 

Premium. 

135  Gays 55 

150  days  or    5  months 60 

165  days 65 

180  days  or  6  months 70 

195  days 73 

210  days  or  7  months 75 

225  days 78 

240  days  or     8  months 80 


Per  cent  of 
Annual 

Premium. 

255  days 83 

270  days  or    9  months 85 

285  days 88 

300  days  or  10  months 90 

315  days 93 

330  days  or  11  months 95 

360  days  or  12  months 100 


TITLE  INSURANCE  RATES. 


Amount  of 
Policy. 
Up  to $1000 


Up  to 
Up  to 
Up  to 
Up  to 
Up  to 
Up  to 
Up  to 
Up  to 
Up  to 


1500 
2000 
2500 
3000 
3500 
4000 
4500 
5000 
5500 


Premium. 
$15.00  to  15.00 
17.50  to  20.00 
20.00  to  25.00 
22.50  to  30.00 
25.00  to  30.00 
27.50  to  35.00 
30.00  to  35.00 
32.50  to  40.00 
35.00  to  40.00 
37.50  to  45.00 


Amount  of 
Policy. 

Up  to $6000 

Up  to 6500 

Up  to 7000 

Up  to 7500 

Up  to 8000 

Up  to 8500 

Up  to 9000 

Up  to 9500 

Up  to 10000 

Over 10000 


Premium. 
$40.00  to  45.00 
42.50  to  50.00 
to  50.00 
to  55.00 
to  55.00 
to  60.00 
to  60.00 
to  65.00 
60.00  to  65.00 
Special  rates 


45.00 
47.50 
50.00 
52.50 
55.00 
57.50 


RULES  UNITED  STATES  SUPREME  COURT. 

Rule  1.  Clerk. — 1.  The  clerk  of  this  court  shall  reside  and  keep 
office  at  the  seat  of  the  National  government,  and  he  shall  not  practice, 
either  as  attorney  or  counselor,  in  this  court,  or  in  any  other  court, 
while  he  shall  continue  to  be  clerk  of  this  court. 

2.  The  clerk  shall  not  permit  any  original  record  or  paper  to  be  taken 
from  the  courtroom  or  from  the  office,  without  an  order  from  the  court, 
except  as  provided  by  Rule  10. 

Rule  2.  Attorneys  and  Counselors. — 1.  It  shall  be  requisite  to  the 
admission  of  attorneys  or  counselors  to  practice  in  this  court  that  they 
shall  have  been  such  for  three  years  past  in  the  Supreme  Courts  of  the 
States  to  which  they  respectively  belong,  and  that  their  private  and  pro- 
fessional character  shall  appear  to  be  fair. 

2.  They  shall  respectively  take  and  subscribe  the  following  oath  or 
affirmation,  viz. : 

I, ,  do  solemnly  swear  (or  affirm)  that  I  will  demean  my- 
self, as  an  attorney  and  counselor  of  this  court,  uprightly,  and  according 
to  law ;  and  that  I  will  support  the  Constitution  of  the  United  States. 

Rule  3.  Practice. — This  court  considers  the  former  practice  of  the 
courts  of  king's  bench  and  of  chancery,  in  England,  as  affording  outlines 
for  the  practice  of  this  court;  and  will,  from  time  to  time,  make  such 
alterations  therein  as  circumstances  may  render  necessary. 

Rule  4.  Bill  of  Exceptions. — The  judges  of  the  Circuit  and  District 
Courts  shall  not  allow  any  bill  of  exceptions  which  shall  contain  the 


UNITED   STATES   SUPREME   COURT   RULES.  1029 

charge  of  the  court  at  large  to  the  jury  in  trials  at  common  law,  upon 
any  general  exception  to  the  whole  of  such  charge.  But  the  party  except- 
ing shall  be  required  to  state  distinctly  the  several  matters  of  law  in  such 
charge  to  which  he  excepts;  and  those  matters  of  law,  and  those  only, 
shall  be  inserted  in  the  bill  of  exceptions  and  allowed  by  the  court. 

Rule  5.  Process. — 1.  hi  Name  of  President. — All  process  of  this 
court  shall  be  in  the  name  of  the  President  of  the  United  States,  and 
shall  contain  the  Christian  names,  as  well  as  the  surnames,  of  the  parties. 

2.  Against  State. — "When  process  at  common  law  or  in  equity  shall 
issue  against  a  State,  the  same  shall  be  served  on  the  governor,  or  chief 
executive  magistrate,  and  Attorney  General  of  such  State. 

3,  In  Equity. — Process  of  subpoena,  issuing  out  of  this  court,  in  any 
suit  in  equity,  shall  be  served  on  the  defendant  sixty  days  before  the 
return  day  of  the  said  process ;  and  if  the  defendant,  on  such  service  of 
the  subpoena,  shall  not  appear  at  the  return  day,  the  complainant  shall 
be  at  liberty  to  proceed  ex  parte. 

Rule  6.  Motions. — 1.  I^i  Writing. — All  motions  to  the  court  shall  be 
reduced  to  writing,  and  shall  contain  a  brief  statement  of  the  facts  and 
objects  of  the  motion. 

2.  Argument  of  Motion. — One  hour  on  each  side  shall  be  allowed  to  the 
argument  of  a  motion,-  and  no  more,  without  special  leave  of  the  court, 
granted  before  the  argument  begins. 

3.  Motion  to  Dismiss. — ^No  motion  to  dismiss,  except  on  special  assign- 
ment by  the  court,  shall  be  heard,  unless  previous  notice  has  been  given 
to  the  adverse  party,  or  the  counsel  or  attorney  of  such  party. 

4.  Motions  to  Dismiss  Writs  of  Error  and  Appeals. — All  motions  to 
dismiss  writs  of  error  and  appeals,  except  motions  to  docket  and  dismiss 
under  Rule  9,  must  be  submitted  in  the  first  instance  on  printed  briefs 
or  arguments.  If  the  court  desires  further  argument  on  that  subject, 
it  will  be  ordered  in  connection  with  the  hearing  on  the  merits.  The 
party  moving  to  dismiss  shall  serve  notice  of  the  motion,  with  a  copy  of 
his  brief  of  argument,  on  the  counsel  for  plaintiff  in  error  or  appellant 
of  record  in  this  court,  at  least  three  weeks  before  the  time  fixed  for 
submitting  the  motion,  in  all  cases  except  where  the  counsel  to  be  noti- 
fied resides  west  of  the  Rocky  Mountains,  in  which  case  the  notices  shall 
be  at  least  thirty  days.  Affidavits  of  the  deposit  in  the  mail  of  the 
notice  and  brief  to  the  proper  address  of  the  counsel  to  be  served,  duly 
postpaid,  at  such  time  as  to  reach  him  by  due  course  of  mail,  the  three 
weeks  or  thirty  days  before  the  time  fixed  by  the  notice,  will  be  regarded 
as  prima  facie  evidence  of  service  on  counsel  who  reside  without  the  Dis- 
trict of  Columbia.  On  proof  of  such  service,  the  motion  will  be  con- 
sidered, unless,  for  satisfactory  reasons,  further  time  be  given  by  the 
court  to  either  party. 

5.  Motion  to  Affirm. — There  may  be  united,  with  a  motion  to  dismiss  a 
writ  of  error  or  an  appeal,  a  motion  to  affirm  on  the  ground  that,  although 


1030 

the  record  may  show  that  this  court  has  jurisdiction,  it  is  manifest  the 
writ  or  appeal  was  taken  for  delay  only,  or  that  the  question  on  which 
the  jurisdiction  depends  is  so  frivolous  as  not  to  need  further  argument. 
6.  Argurmnts  on  Saturday — Motion  Day. — The  court  will  not  hear 
arguments  on  Saturday  (unless  for  special  cause  it  shall  order  to  the 
contrary),  but  devote  that  day  to  the  other  business  of  the  court.  The 
motion  day  shall  be  Monday  of  each  week ;  and  motions  not  required  by 
the  rules  of  the  court  to  be  put  on  the  docket  shall  be  entitled  to  prefer- 
ence immediately  after  the  reading  of  opinions,  if  such  motions  shall  be 
made  before  the  court  shall  have  entered  upon  the  hearing  of  a  case  upon 
the  docket. 

Rule  7.  Law  Library. — 1.  Order  to  Take  Books.— DwYmg  the  session 
of  the  court,  any  gentleman  of  the  bar  having  a  case  on  the  docket,  and 
wishing  to  use  any  book  or  books  in  the  law  library,  shall  be  at  liberty, 
upon  application  to  the  clerk  of  the  court,  to  receive  an  order  to  take 
the  same  (not  exceeding  at  any  one  time  three)  from  the  library,  he 
being  thereby  responsible  for  the  due  return  of  the  same  within  a  reason- 
able time,  or  when  required  by  the  clerk.  It  shall  be  the  duty  of  the 
clerk  to  keep,  in  a  book  for  that  purpose,  a  record  of  all  books  so  deliv- 
ered, which  are  to  be  charged  against  the  party  receiving  the  same.  And 
in  case  the  same  shall  not  be  so  returned,  the  party  receiving  the  same 
shall  be  responsible  for  and  forfeit,  and  pay  twice  the  value  thereof,  and 
also  one  dollar  per  day  for  each  day 's  detention  beyond  the  limited  time. 

2.  Clerk  to  Deposit  Record  in  Every  Case. — The  clerk  shall  deposit  in 
the  law  library  to  be  there  carefully  preserved,  one  copy  of  the  printed 
record  in  every  case  submitted  to  the  court  for  its  consideration,  and  of 
all  printed  motions,  briefs,  or  arguments  filed  therein. 

3.  Marshal  to  Take  Charge  of  Books. — The  marshal  shall  take  charge 
of  the  books  of  the  court,  together  with  such  of  the  duplicate  law  books 
as  Congress  may  direct  to  be  transferred  to  the  court,  and  arrange  them 
in  the  conference-room,  which  he  shall  have  fitted  up  in  a  proper  manner ; 
and  he  shall  not  permit  such  books  to  be  taken  therefrom  by  anyone 
except  the  justices  of  the  court. 

Rule  8.  Writ  of  Error,  Return  and  Record. — 1.  Clerk  to  Make  Re- 
turn.— The  clerk  of  the  court  to  which  any  error  may  be  directed  shall 
make  return  of  the  same,  by  transmitting  a  true  copy  of  the  record,  and 
of  the  assignment  of  errors,  and  of  all  proceedings  in  the  case,  under  his 
hand  and  the  seal  of  the  court. 

2.  Clerk  to  Transmit  Opinion. — In  all  cases  brought  to  this  court,  by 
writ  of  error  or  appeal,  to  review  any  judgment  or  decree,  the  clerk  of 
the  court  by  which  such  judgment  or  decree  was  rendered  shall  annex 
to  and  transmit  with  the  record  a  copy  of  the  opinion  or  opinions  filed 
in  the  case. 

3.  Complete  Record  to  he  Filed. — No  case  will  be  heard  until  a  com- 
plete record,  containing  in  itself  and  not  by  reference,  all  the  papers, 


UNITED  STATES  SUPREME  COURT  RULES.  1031 

exhibits,  depositions,  and  other  proceedings  which  are  necessary  to  the 
hearing  in  this  court,  shall  be  filed. 

4.  Order  for  Safekeeping  of  Original  Papers. — Whenever  it  shall  be 
necessary  or  proper,  in  the  opinion  of  the  presiding  judge  in  any  Circuit 
Court,  or  District  Court  exercising  Circuit  Court  jurisdiction,  that  orig- 
inal papers  of  any  kind  should  be  inspected  in  this  court  upon  writ  of 
error  or  appeal,  such  presiding  judge  may  make  such  rule  or  order  for 
the  safekeeping,  transporting,  and  return  of  such  original  papers  as  to 
him  may  seem  proper,  and  this  court  will  receive  and  consider  such 
original  papers  in  connection  with  the  transcript  of  the  proceedings. 

5.  Return  Day. — All  appeals,  writs  of  error  and  citations  must  be  made 
returnable  not  exceeding  thirty  days  from  the  day  of  signing  the  citation, 
whether  the  return  day  fall  in  vacation  or  in  term  time,  and  be  served 
before  the  return  day. 

6.  Record  in  Admiralty. — The  record  in  cases  of  admiralty  and  mari- 
time jurisdiction,  when  under  the  requirements  of  law  the  facts  have 
been  found  in  the  court  below,  and  the  power  of  review  is  limited  to  the 
determination  of  questions  of  law  arising  on  the  record,  shall  be  confined 
to  the  pleadings,  the  findings  of  fact,  and  conclusions  of  law  thereon,  the 
bills  of  exceptions,  the  final  judgment  or  decree,  and  such  interlocutory 
orders  and  decrees  as  may  be  necessary  to  a  proper  review  of  the  case. 

Rule  9.  Docketing  Cases. — 1.  Plaintiff  in  Error  or  Appellant  to 
Docket  Case. — It  shall  be  the  duty  of  the  plaintiff  in  error  or  appellant 
to  docket  the  case  and  file  the  record  thereof  with  the  clerk  of  this  court 
by  or  before  the  return  day,  whether  in  vacation  or  in  term  time.  But, 
for  good  cause  shown,  the  justice  or  judge  who  signed  the  citation,  or 
any  justice  of  this  court,  may  enlarge  the  time,  by  or  before  its  expira- 
tion, the  order  of  enlargement  to  be  filed  with  the  clerk  of  this  court. 
If  the  plaintiff  in  error  or  appellant  shall  fail  to  comply  with  this  rule, 
the  defendant  in  error  or  appellee,  may  have  the  cause  docketed  and  dis- 
missed upon  producing  a  certificate  whether  in  term  time  or  vacation, 
from  the  clerk  of  the  court  wherein  the  judgment  or  decree  was  rendered, 
stating  the  case  and  certifying  that  such  writ  of  error  or  appeal  has  been 
duly  sued  out  or  allowed.  And  in  no  case  shall  the  plaintiff  in  error  or 
appellant  be  entitled  to  docket  the  case  and  file  the  record  after  the  same 
shall  have  been  docketed  and  dismissed  under  this  rule,  unless  by  order 
of  the  court. 

2.  Defendant  in  Error  or  Appellee  may  Docket. — But  the  defendant 
in  error  or  appellee  may,  at  his  option,  docket  the  case  and  file  a  copy  of 
the  record  with  the  clerk  of  this  court ;  and  if  the  case  is  docketed  and 
a  copy  of  the  record  filed  with  the  clerk  of  this  court  by  the  plaintiff  in 
error  or  appellant  within  the  period  of  time  above  limited  and  prescribed 
by  this  rule,  or  by  the  defendant  in  error  or  appellee  at  any  time  there- 
after, the  case  shall  stand  for  argument. 

3.  Appearance  of  Counsel. — ^Upon  the  filing  of  the  transcript  of  a 
record  brought  up  by  writ  of  error  or  appeal,  the  appearance  of  the 
counsel  for  the  party  docketing  the  case  shall  be  entered. 


1032  hillyer's  legal  manual. 

4.  Period  of  Rule  8  Extended  When. — In  all  cases  where  the  period 
of  thirty  days  is  mentioned  in  Eule  8,  it  shall  be  extended  to  sixty  days 
in  writs  of  error  and  appeals,  from  California,  Oregon,  Nevada,  Wash- 
ington, New  Mexico,  Utah,  Arizona,  Montana,  Wyoming,  North  Dakota, 
South  Dakota,  Alaska,  Idaho,  Hawaii  and  Porto  Rico,  and  to  one  hun- 
dred and  twenty  days  from  the  Philippine  Islands. 

Rule  10.  Printing  Records. — 1.  Undertaking  for  Payment  of  Fees. — 
In  all  cases  the  plaintiff  in  error  or  appellant,  on  docketing  a  case  and 
filing  the  record,  shall  enter  into  an  undertaking  to  the  clerk,  with  surety 
to  his  satisfaction,  for  the  payment  of  his  fees,  or  otherwise  satisfy  him 
in  that  behalf. 

2.  Cost  of  Printing  Record. — The  clerk  shall  cause  an  estimate  to  be 
made  of  the  cost  of  printing  the  record,  and  of  his  fee  for  preparing  it 
for  the  printer  and  supervising  the  printing,  and  shall  notify  to  the 
party  docketing  the  case  the  amount  of  the  estimate.  If  he  shall  not  pay 
it  within  a  reasonable  time,  the  clerk  shall  notify  the  adverse  party,  and 
he  may  pay  it.  If  neither  party  shall  pay  it,  and  for  want  of  such  pay- 
ment the  record  shall  not  have  been  printed  when  a  case  is  reached  in 
the  regular  call  of  the  docket,  after  March  1,  1884,  the  case  shall  be 
dismissed. 

3.  Twenty-five  Copies. — Upon  payment  by  either  party  of  the  amount 
estimated  by  the  clerk,  twenty-five  copies  of  the  record  shall  be  printed, 
under  his  supervision,  for  the  use  of  the  court  and  of  counsel. 

4.  Transcript  for  Printer. — In  cases  of  appellate  jurisdiction  the  origi- 
nal transcript  on  file  shall  be  taken  by  the  clerk  to  the  printer.  But 
the  clerk  shall  cause  copies  to  be  made  for  the  printer  of  such  original 
papers,  sent  up  under  Rule  8,  section  4,  as  are  necessary  to  be  printed; 
and  of  the  whole  record  in  cases  of  original  jurisdiction. 

5.  Printing. — The  clerk  shall  supervise  the  printing,  and  see  that  the 
printed  copy  is  properly  indexed.  He  shall  distribute  the  printed  copies 
to  the  justices  and  the  reporter,  from  time  to  time,  as  required,  and  a 
copy  to  the  counsel  for  the  respective  parties. 

6.  Refunded  and  Excess. — If  the  actual  cost  of  printing  the  record, 
together  vnth  the  fee  of  the  clerk,  shall  be  less  than  the  amount  estimated 
and  paid,  the  amount  of  the  difference  shall  be  refunded  by  the  clerk 
to  the  party  paying  it.  If  the  actual  cost  and  clerk's  fee  shall  exceed 
the  estimate,  the  amount  of  the  excess  shall  be  paid  to  the  clerk  before 
the  delivery  of  a  printed  copy  to  either  party  or  his  counsel. 

7.  Cost  of  Printing  Taxed. — In  case  of  reversal,  affirmance,  or  dis- 
missal, with  costs  the  amount  of  the  cost  of  printing  the  record  and  of 
the  clerk's  fee  shall  be  taxed  against  the  party  against  whom  costs  are 
given,  and  shall  be  inserted  in  the  body  of  the  mandate  or  other  proper 
process. 

8.  Attachment  to  Compel  Payment  of  Fees. — Upon  the  clerk's  pro- 
ducing satisfactory  evidence,  by  affidavit  or  the  acknowledgment  of  the 
parties  or  their  sureties,  of  having  served  a  copy  of  the  bill  of  fees  due 
by  them,  respectively,  in  this  court,  on  such  parties  or  their  sureties,  an 


UNITED  STATES  SUPREME  COURT   RULES.  1033 

attachment  shall  issue  against  such  parties  or  sureties,  respectively,  to 
compel  payment  of  said  fees. 

9.  Clerk  to  Print  Designated  Farts  of  Record  Only. — The  plaintiff  in 
error  or  appellant  may,  within  ninety  days  after  filing  the  record  in  this 
court,  file  with  the  clerk  a  statement  of  the  errors  on  which  he  intends 
to  rely,  and  of  the  parts  of  the  record  which  he  thinks  necessary  for  the 
consideration  thereof,  and  forthwith  serve  on  the  adverse  party  a  copy 
of  such  statement.  The  adverse  party,  within  ninety  days  thereafter, 
may  designate  in  writing,  filed  with  the  clerk,  additional  parts  of  the 
record  which  he  thinks  material;  and  if,  he  shall  not  do  so,  he  shall  be 
held  to  have  consented  to  a  hearing  on  the  parts  designated  by  the  plain- 
tiff in  error  or  appellant.  If  parts  of  the  record  shall  be  so  designated  by 
one  or  both  of  the  parties,  the  clerk  shall  print  those  parts  only,  and 
the  court  will  consider  nothing  but  those  parts  of  the  record,  and  the 
errors  so  stated.  If  at  a  hearing  it  shall  appear  that  any  material  part 
of  the  record  has  not  been  printed,  the  writ  of  error  or  appeal  may  be 
dismissed,  or  such  other  order  made  as  the  circumstances  may  appear 
to  the  court  to  require.  If  the  defendant  in  error  or  appellee  shall  have 
caused  unnecessary  parts  of  the  record  to  be  printed,  such  order  as  to 
costs  may  be  made  as  the  court  shall  think  proper. 

10.  Fees  Comjnited  on  Record  as  Filed. — The  fees  of  the  clerk  under 
Rule  24,  section  7,  shall  be  computed,  as  at  present,  on  the  folios  in  the 
record  as  filed,  and  shall  be  in  full  for  the  performance  of  his  duties  in 
the  execution  hereof. 

Rule  11.  Translations. — Whenever  any  record  transmitted  to  this 
court  upon  a  writ  of  error  or  appeal  shall  contain  any  document,  paper, 
testimony,  or  other  proceedings  in  a  foreign  language,  and  the  record 
does  not  also  contain  a  translation  of  such  document,  paper,  testimony, 
or  other  proceeding,  made  under  the  authority  of  the  inferior  court,  or 
admitted  to  be  correct,  the  record  shall  not  be  printed ;  but  the  case  shall 
be  reported  to  this  court  by  the  clerk,  and  the  court  will  thereupon 
remand  it  to  the  inferior  court,  in  order  that  a  translation  may  be  there 
supplied  and  inserted  in  the  record. 

Rule  12.  Further  Proof. — 1.  Depositions. — In  all  cases  where  fur- 
ther proof  is  ordered  by  the  court,  the  depositions  which  may  be 
taken  shall  be  by  a  commission,  to  be  issued  from  this  court,  or  from 
any  Circuit  Court  of  the  United  States. 

2.  In  Admiralty. — In  all  cases  of  admiralty,  and  maritime  jurisdic- 
tion, where  new  evidence  shall  be  admissible  in  this  court,  the  evidence 
by  testimony  of  witnesses  shall  be  taken  under  a  commission  to  be 
issued  from  this  court,  or  from  any  Circuit  Court  of  the  United  States, 
under  the  direction  of  any  judge  thereof;  and  no  such  commission 
shall  issue  but  upon  interrogatories,  to  be  filed  by  the  party  applying 
for  the  commission,  and  notice  to  the  opposite  party  or  his  agent  or 
attorney,  accompanied  with  a  copy  of  the  interrogatories  so  filed,  to 
file  the  cross-interrogatories  within  twenty  days  from  the  service  of 
such  notice:  Provided,  however,  that  nothing  in  this  rule  shall  pre- 


1034  hillyer's  legal  manual. 

vent  any  party  from  giving  oral  testimony  in  open  court  in  eases 
where  by  law  it  is  admissible. 

Rule  13.  Objections  to  Evidence  in  the  Record. — In  all  cases  of 
equity  or  admiralty  jurisdiction,  he.nrd  in  this  court,  no  objection  shall 
hereafter  be  allowed  to  be  taken  to  the  admissibility  of  any  deposition, 
deed,  grant,  or  other  exhibit  found  in  the  record  as  evidence,  unless 
objection  was  taken  thereto  in  the  court  below  and  entered  of  record ; 
but  the  same  shall  otherwise  be  deemed  to  have  been  admitted  by 
consent. 

Rule  14.  Certiorari. — No  certiorari  for  diminution  of  the  record  will 
be  hereafter  awarded  in  any  case,  unless  a  motion  therefor  shall  be 
made  in  writing,  and  the  facts  on  which  the  same  is  founded  shall,  if 
not  admitted  by  the  other  party,  be  verified  by  affidavit.  And  all 
motions  for  certiorari  must  be  made  at  the  first  term  of  the  entry  of 
the  case;  otherwise,  the  same  will  not  be  granted,  unless  upon  special 
cause  shown  to  the  court,  accounting  satisfactorily  for  the  delay. 

Rule  15.  Death  of  a  Party. — 1.  Appearance  hy  Representatives — 
Suggestion  of  Death. — "Whenever,  pending  a  writ  of  error  or  appeal  in 
this  court,  either  party  shall  die,  the  proper  representatives  in  the  per- 
sonalty or  realty  of  the  deceased  party,  according  to  the  nature  of 
the  case,  may  voluntarily  come  in  and  be  admitted  parties  to  the  suit, 
and  thereupon  the  case  shall  be  heard  and  determined  as  in  other 
cases;  and  if  such  representatives  shall  not  voluntarily  become  par- 
ties, then  the  other  party  may  suggest  the  death  on  the  record,  and 
thereupon,  on  motion,  obtain  an  order  that  unless  such  representatives 
shall  become  parties  within  the  first  ten  days  of  the  ensuing  term, 
the  party  moving  for  such  order,  if  defendant  in  error,  shall  be  en- 
titled to  have  the  writ  of  error  or  appeal  dismissed ;  and  if  the  party 
so  moving  shall  be  plaintiff  in  error,  he  shall  be  entitled  to  open  the 
record,  and  on  hearing  have  the  judgment  or  decree  reversed,  if  it  be 
erroneous;  Provided,  however,  that  a  copy  of  every  such  order  shall 
be  printed  in  some  newspaper  of  general  circulation  within  the  State, 
Territory,  or  District  from  which  the  case  is  brought,  for  three  suc- 
cessive weeks,  at  least  sixty  days  before  the  beginning  of  the  term 
of  the  Supreme  Court  then  next  ensuing. 

2.  Abatement. — When  the  death  of  a  party  is  suggested,  and  the 
representatives  of  the  deceased  do  not  appear  by  the  tenth  day  of  the 
second  term  next  succeeding  the  suggestion,  and  no  measures  are 
taken  by  the  opposite  party  within  that  time  to  compel  their  appear- 
ance, the  cases  shall  abate. 

3.  Writ  of  Error  or  Appeal  Where  No  Representative  Within  the 
Jurisdiction  of  the  Court  Which  Rendered  Final  Judgment  or  Decree. — 
When  either  party  to  a  suit  in  a  Circuit  Court  of  the  United  States 
shall  desire  to  prosecute  a  writ  of  error  or  appeal  to  the  Supreme 
Court  of  the  United  States,  from  any  final  judgment  or  decree,  ren- 
dered in  the  Circuit  Court,  and  at  the  time  of  suing  out  such  writ  of 
error  or  appeal  the  other  party  to  the  suit  shall  be  dead  and  have  no 


UNITED  STATES  SUPREME  COURT  RULES.  1035 

proper  representative  within  the  jurisdiction  of  the  court  which  ren- 
dered such  final  judgment  or  decree,  so  that  the  suit  cannot  be  re- 
vived in  that  court,  but  shall  have  a  proper  representative  in  some 
State  or  Territory  of  the  United  States,  the  party  desiring  such  writ 
of  error  or  appeal  may  procure  the  same,  and  may  have  proceedings 
on  such  judgment  or  decree  superseded  or  stayed  in  the  same  man- 
ner as  is  now  allowed  by  law  in  other  cases,  and  shall  thereupon  pro- 
ceed with  such  writ  of  error  or  appeal  as  in  other  cases.  And  within 
thirty  days  after  the  commencement  of  the  term  to  which  such  writ 
of  error  or  appeal  is  returnable,  the  plaintiff  in  error  or  appellant  shall 
make  a  suggestion  to  the  court,  supported  by  affidavit,  that  the  said 
party  was  dead  when  the  writ  of  error  or  appeal  was  taken  or  sued 
out,  and  had  no  proper  representative  within  the  jurisdiction  of  the 
court  which  rendered  said  judgment  or  decree,  so  that  the  suit  could 
not  be  revived  in  that  court,  and  that  said  party  had  a  proper  repre- 
sentative in  some  State  or  Territory  of  the  tjnited  States,  and  stating 
therein  the  name  and  character  of  such  representative,  and  the  State 
or  Territory  in  which  such  representative  resides ;  and,  upon  such 
suggestion,  he  may,  on  motion,  obtain  an  order  that,  unless  such  rep- 
resentative shall  make  himself  a  party  within  the  first  ten  days  of 
the  ensuing  term  of  the  court,  the  plaintiff  in  error  or  appellant  shall 
be  entitled  to  open  the  record,  and,  on  hearing,  have  the  judgment  or 
decree  reversed,  if  the  same  be  erroneous:  Provided,  however,  that  a 
proper  citation  reciting  the  substance  of  such  order  shall  be  served 
upon  such  representative,  either  personally  or  by  being  left  at  his 
residence,  at  least  sixty  days  before  the  beginning  of  the  term  of  the 
Supreme  Court  then  next  ensuing:  And  provided,  also,  that  in  every 
such  case  if  the  representative  of  the  deceased  party  does  not  appear 
by  the  tenth  day  of  the  term  next  succeeding  said  suggestion,  and  the 
measures  above  provided  to  compel  the  appearance  of  such  representa- 
tive have  not  been  taken  within  time  as  above  required,  by  the  oppo- 
site party,  the  case  shall  abate:  And  provided,  also,  that  the  said 
representative  may  at  any  time  before  or  after  said  suggestion  come 
in  and  be  made  a  party  to  the  suit,  and  thereupon  the  case  shall  pro- 
ceed, and  be  heard  and  determined  as  in  other  cases. 

Rule  16.  No  Appearance  of  Plaintiff.— "Where  no  counsel  appears 
and  no  brief  has  been  filed  for  the  plaintiff  in  error  or  appellant, 
when  the  case  is  called  for  trial,  the  defendant  may  have  the  plaintiff 
called  and  the  writ  of  error  or  appeal  dismissed,  or  may  open  the  rec- 
ord and  pray  for  an  affirmance. 

Rule  17.  No  Appearance  of  Defendant.— Where  the  defendant  fails 
to  appear  when  the  case  is  called  for  trial,  the  court  may  proceed  to 
hear  an  argument  on  the  part  of  the  plaintiff  and  to  give  judgment 
according  to  the  right  of  the  case. 

Rule  18.  No  Appearance  of  Either  Party. — When  a  case  is  reached 
in  the  regular  call  of  the  docket,  and  there  is  no  appearance  for  either 
party,  the  case  shall  be  dismissed  at  the  cost  of  the  plaintiff. 


1036  hillyer's  legal  manual. 

Hule  19.  Neither  Party  Ready  at  Second  Term. — When  a  case  is 
called  for  argument  at  two  successive  terms,  and  upon  the  call  at  the 
second  term  neither  party  is  prepared  to  argue  it,  it  shall  be  dismissed 
at  the  cost  of  the  plaintiff,  unless  sufficient  cause  is  shown  for  further 
postponement. 

Rule  20.  Printed  Arguments. — 1.  Filing. — In  all  cases  brought  here 
on  writ  of  error,  appeal,  or  otherwise,  the  court  will  receive  printed 
arguments  without  regard  to  the  number  of  the  case  on  the  docket,  if 
the  counsel  on  both  sides  shall  choose  to  submit  the  same  within  the  first 
ninety  days  of  the  term;  and,  in  addition,  appeals  from  the  court  of 
claims  may  be  submitted  by  both  parties  within  thirty  days  after  they 
are  docketed,  but  not  after  the  first  day  of  April ;  but  twenty-five  copies 
of  the  arguments,  signed  by  attorneys  or  counselors  of  this  court,  must 
be  first  filed. 

2.  Printed  Argument  Equivalent  to  Appearance. — When  a  case  is 
reached  in  the  regular  call  of  the  docket,  and  a  printed  argument  shall 
be  filed  for  one  or  both  parties,  the  case  shall  stand  on  the  same  footing 
as  if  there  were  an  appearance  by  counsel. 

3.  Must  he  Filed  Before  Oral  Argument. — When  a  case  is  taken  up 
for  trial  upon  the  regular  call  of  the  docket,  and  argued  orally  in  behalf 
of  only  one  of  the  parties,  no  printed  argument  for  the  opposite  party 
will  be  received,  unless  it  is  filed  before  the  oral  argument  begins,  and 
the  court  will  proceed  to  consider  and  decide  the  case  upon  the  ex  parte 
argument. 

4.  No  Brief  Received,  After  a  Case  Argued. — No  brief  or  argument 
will  be  received,  either  through  the  clerk  or  otherwise,  after  a  case  has 
been  argued  or  submitted,  except  upon  leave  granted  in  open  court 
after  notice  to  opposing  counsel. 

Rule  21.  Briefs. — 1.  Brief  for  Plaintiff  in  Error  or  Appellant. — The 
counsel  for  plaintiff  in  error  or  appellant  shall  file  with  the  clerk  of 
the  court,  at  least  six  days  before  the  case  is  called  for  argument, 
twenty-five  copies  of  a  printed  brief,  one  of  wiiich  shall,  on  applica- 
tion, be  furnished  to  each  of  the  counsel  engaged  upon  the  opposite 
side. 

2.  Contents. — This  brief  shall  contain,  in  the  order  here  stated — 

(1)  Statement  of  the  Case. — A  concise  abstract,  or  statement  of  the 
case,  presenting  succinctly  the  questions  involved  and  the  manner  in 
which  they  are  raised. 

(2)  Specification  of  the  Errors. — A  specification  of  the  errors  relied 
upon,  which,  in  cases  brought  up  by  writ  of  error,  shall  set  out  separately 
and  particularly  each  error  asserted  and  intended  to  be  urged;  and  in 
cases  brought  up  by  appeal  the  specification  shall  state,  as  particularly 
as  may  be,  in  what  the  decree  is  alleged  to  be  erroneous.  When  the  error 
alleged  is  to  the  charge  of  the  court,  the  specification  shall  set  out  the 
part  referred  to  totidem  verbis,  whether  it  be  instructions  given  or  in- 
structions refused.  When  the  error  alleged  is  to  a  ruling  upon  the 
report  of  a  master,  the  specification  shall  state  the  exception  to  the 
report  and  the  action  of  the  court  upon  it. 


UNITED  STATES  SUPREME   COURT   RULES.  1037 

(3)  Brief  of  the  Argument. — A  brief  of  the  argument,  exhibiting  a 
clear  statement  of  the  points  of  law  or  fact  to  be  discussed,  with  a 
reference  to  the  pages  of  the  record  and  the  authorities  relied  upon  in 
support  of  each  point.  When  a  statute  of  the  State  is  cited,  so  much 
thereof  as  may  be  deemed  necessary  to  the  decision  of  the  case  shall 
be  printed  at  length. 

3.  Brief  for  Defendant  in  Error  or  Appellee. — The  counsel  for  a  de- 
fendant in  error  or  an  appellee  shall  file  with  the  clerk  twenty-five 
printed  copies  of  his  argument,  at  least  three  days  before  the  case  is 
called  for  hearing.  His  brief  shall  be  of  like  character  with  that  re- 
quired of  the  plaintiff  in  error  or  appellant,  except  that  no  specifica- 
tion of  errors  shall  be  required,  and  no  statement  of  the  case,  unless 
that  presented  by  the  plaintiff  in  error  or  appellant  is  controverted, 

4.  When  No  Assignment  of  Errors. — When  there  is  no  assignment  of 
errors,  as  required  by  section  997  of  the  Revised  Statutes,  counsel  will 
not  be  heard,  except  at  the  request  of  the  court ;  and  errors  not  speci- 
fied according  to  this  rule  will  be  disregarded ;  but  the  court,  at  its 
option,  may  notice  a  plain  error  not  assigned  or  specified. 

5.  When  Plaintiff  in  Error  or  Appellant  is  in  Default. — When,  accord- 
ing to  this  rule,  a  plaintiff  in  error  or  an  appellant  is  in  default,  the  case 
may  be  dismissed  on  motion ;  and  when  a  defendant  in  error  or  an 
appellee  is  in  default,  he  will  not  be  heard,  except  on  consent  of  his 
adversary,  and  by  request  of  the  court. 

6.  When  No  Oral  Argument  is  Made  for  One  of  the  Parties. — When  no 
oral  argument  is  made  for  one  of  the  parties,  only  one  counsel  will  be 
heard  for  the  adverse  party. 

Rule  22.  Oral  Arguments. — 1.  Opinion  and  Closing. — The  plaintiff 
or  appellant  in  this  court  shall  be  entitled  to  open  and  conclude  the 
argument  of  the  case.  But  when  there  are  cross-appeals  they  shall  be 
argued  together  as  one  case,  and  the  plaintiff  in  the  court  below  shall 
be  entitled  to  open  and  conclude  the  argument. 

2.  I'wo  Counsel. — Only  two  counsel  will  be  heard  for  each  party  on 
the  argument  of  a  case. 

3.  Time. — Two  hours  on  each  side  will  be  allowed  for  the  argument, 
and  no  more,  without  special  leave  of  the  court,  granted  before  the 
argument  begins.  The  time  thus  allowed  may  be  apportioned  between 
the  counsel  on  the  same  side,  at  their  discretion ;  Provided,  always, 
that  a  fair  opening  of  the  case  shall  be  made  by  the  party  having  the 
opening  and  closing  arguments. 

Rule  23.  Interest. — 1.  Where  Judgment  Affirmed. — In  cases  where  a 
writ  of  error  is  prosecuted  to  this  court,  and  the  judgment  of  the  in- 
ferior court  is  affirmed,  the  interest  shall  be  calculated  and  levied, 
from  the  date  of  the  judgment  below  until  the  same  is  paid,  at  the 
same  rate  that  similar  judgments  bear  interest  in  the  courts  of  the 
State  where  such  judgment  is  rendered. 

2.  Damages. — In  all  cases  where  a  writ  of  error  shall  delay  the  pro- 
ceedings on  the  judgment  of  the  inferior  court,  and  shall  appear  to 


1038  hillyer's  legal  manual. 

have  been  sued  out  merely  for  delay,  damages  at  a  rate  not  exceeding 
]0  per  cent,  in  addition  to  interest,  shall  be  awarded  upon  the  amount 
of  the  judgment. 

3.  Decrees  in  Equity. — The  same  rule  shall  be  applied  to  decrees  for 
the  payment  of  money  in  cases  in  equity,  unless  otherwise  ordered  by 
this  court. 

4.  In  Admiralty. — In  cases  in  admiralty,  damages  and  interest  may  be 
allowed  if  specially  directed  by  the  court. 

Rule  24.  Costs. — 1.  On  Dismissal  for  Want  of  Jurisdiction. — In  all 
cases  where  any  suit  shall  be  dismissed  in  this  court,  except  where 
the  dismissal  shall  be  for  want  of  jurisdiction,  costs  shall  be  allowed 
to  the  defendant  in  error  or  appellee,  unless  otherwise  agreed  by  the 
parties. 

2.  In  Cases  of  Affirmance. — In  all  cases  of  affirmance  of  any  judgment 
or  decree  in  this  court,  costs  shall  be  allowed  to  the  defendant  in  error 
or  appellee,  unless  otherwise  ordered  by  the  court. 

3.  In  Cases  of  Reversal. — In  cases  of  reversal  of  any  judgment  or  de- 
cree in  this  court,  costs  shall  be  allowed  to  the  plaintiff  in  error  or 
appellant,  unless  otherwise  ordered  by  the  court.  The  cost  of  the 
transcript  of  the  record  from  the  court  below  shall  be  a  part  of  such 
costs,  and  be  taxable  in  that  court  as  costs  in  the  case. 

4.  Where  United  States  a  Party. — Neither  of  the  foregoing  sections 
shall  apply  to  cases  where  the  United  States  are  a  party;  but  in  such 
cases  no  cost  shall  be  allowed  in  this  court  for  or  against  the  United 
States. 

5.  Mandate. — In  all  cases  of  the  dismissal  of  any  suit  in  this  court,  it 
shall  be  the  duty  of  the  clerk  to  issue  a  mandate,  or  other  proper 
process,  in  the  nature  of  a  procedendo,  to  the  court  below,  for  the  pur- 
pose of  informing  such  court  of  the  proceedings  in  this  court,  so  that 
further  proceedings  may  be  had  in  such  court  as  to  law  and  justice 
may  appertain. 

6.  Bill  of  Items. — When  costs  are  allowed  in  this  court,  it  shall  be  the 
duty  of  the  clerk  to  insert  the  amount  thereof  in  the  body  of  the 
mandate,  or  other  proper  process,  sent  to  the  court  below,  and  annex 
to  the  same  the  bill  of  items  taxed  in  detail. 

7.  Table  of  Fees. — In  pursuance  of  the  act  of  March  3,  1883,  author- 
izing and  empowering  this  court  to  prepare  a  table  of  fees  to  be 
charged  by  the  clerk  of  this  court,  the  following  table  is  adopted : 

For  docketing  a  case  and  filing  and  indorsing  the  transcript,  five 
dollars. 

For  entering  an  appearance,  twenty-five  cents. 

For  entering  a  continuance,  twenty-five  cents. 

For  filing  a  motion,  order,  or  other  paper,  twenty-five  cents. 

For  entering  any  rule,  or  for  making  or  copying  any  record  or  other 
paper,  twenty  cents  per  folio  of  each  one  hundred  words. 

For  transferring  each  case  to  a  subsequent  docket  and  indexing  the 
same,  one  dollar. 


UNITED  STATES  SUPREME  COURT  RULES.  1039 

For  entering  a  judgment  or  decree,  one  dollar. 

For  every  search  of  the  records  of  the  court,  one  dollar. 

For  a  certificate  and  seal,  two  dollars. 

For  receiving,  keeping,  and  paying  money  in  pursuance  of  any  stat- 
ute or  order  of  court,  two  per  cent  on  the  amount  so  received,  kept,  and 
paid. 

For  an  admission  to  the  bar  and  certificate  under  seal,  ten  dollars. 

For  preparing  the  record  or  a  transcript  thereof  for  the  printer,  in- 
dexing the  same,  supervising  the  printing  and  distributing  the  printed 
copies  to  the  justices,  the  reporter,  the  law  library,  and  the  parties  or 
their  counsel,  fifteen  cents  per  folio. 

For  making  a  manuscript  copy  of  the  record,  when  required  under 
Rule  10,  twenty  cents  per  folio,  but  nothing  in  addition  for  supervising 
the  printing. 

For  issuing  a  writ  of  error  and  accompanying  papers,  five  dollars. 

For  a  mandate  or  other  process,  five  dollars. 

For  filing  briefs,  five  dollars  for  each  party  appearing. 

For  every  copy  of  any  opinion  of  the  court  or  any  justice  thereof,  cer- 
tified under  seal,  one  dollar  for  every  printed  page,  but  not  to  exceed 
five  dollars  in  the  whole  for  any  copy. 

Rule  25.  Opinion  of  the  Court. — 1.  To  he  Recorded. — All  opinions 
delivered  by  the  court  shall,  immediately  upon  the  delivery  thereof,  be 
handed  to  the  clerk  to  be  recorded.  And  it  shall  be  the  duty  of  the  clerk 
to  cause  the  same  to  be  forthwith  recorded,  and  to  deliver  a  copy  to  the 
reporter  as  soon  as  the  same  shall  be  recorded. 

2.  Original  Opinions  Filed. — The  original  opinions  of  the  court  shall 
be  filed  with  the  clerk  of  this  court  for  preservation. 

3.  Printed  Opinions. — Opinions  printed  under  the  supervision  of  the 
justice  delivering  the  same  need  not  be  copied  by  the  clerk  into  a  book 
of  records ;  but  at  the  end  of  each  term  the  clerk  shall  cause  such  printed 
opinions  to  be  bound  in  a  substantial  manner  into  one  or  more  volumes, 
and  when  so  bound  they  shall  be  deemed  to  have  been  recorded  witliin 
the  meaning  of  this  rule. 

Rule  26.  Call  and  Order  of  the  Docket. — 1.  Calling  Cases  for  Argu- 
ment.— The  court,  on  the  second  day  in  each  term,  will  commence  call- 
ing the  cases  for  argument  in  the  order  in  which  they  stand  on  the 
docket,  and  proceed  from  day  to  day  during  the  term  in  the  same  order 
(except  as  hereinafter  provided)  ;  and  if  the  parties,  or  either  of  them, 
shall  be  ready  when  the  case  is  called,  the  same  will  be  heard;  and  if 
neither  party  shall  be  ready  to  proceed  in  the  argument,  the  case  shall 
go  down  to  the  foot  of  the  docket,  unless  some  good  and  satisfactory 
reason  to  the  contrary  shall  be  show^n  to  the  court. 

2.  Ten  Cases  Called  Each  Day. — Ten  cases  only  shall  be  considered  as 
liable  to  be  called  on  each  day  during  the  term.  But  on  the  coming  in 
of  the  court  on  each  day  the  entire  number  of  such  ten  cases  will  be 
called,  with  a  view  to  the  disposition  of  such  of  them  as  are  not  to  be 
argfued. 


1040  HILLYER^S   LEGAL    MANUAL. 

3.  Criminal  Cases. — Criminal  cases  may  be  advanced  by  leave  of  the 
court  on  motion  of  either  party. 

4.  Cases  Orwe  Adjudicated. — Cases  once  adjudicated  by  this  court 
upon  the  merits,  and  again  brought  up  by  writ  of  error  or  appeal,  may 
be  advanced  by  leave  of  the  court  on  motion  of  either  party. 

5.  Cases  in  Which  the  United  States  are  Concerned. — Revenue  and 
other  cases  in  which  the  United  States  are  concerned,  which  also  involve 
or  affect  some  matter  of  general  public  interest,  may  also  by  leave  of 
the  court  be  advanced  on  motion  of  the  Attorney  General. 

6.  Motions  to  Advance. — All  motions  to  advance  cases  must  be  printed, 
and  must  contain  a  brief  statement  of  the  matter  involved,  with  the 
reasons  for  the  application. 

7.  No  Other  Case  Taken  Up  Out  of  the  Order. — No  other  case  will  be 
taken  up  out  of  the  order  on  the  docket,  or  be  set  down  for  any  par- 
ticular day,  except  under  special  and  peculiar  circumstances  to  be 
shown  to  the  court.  Every  case  which  shall  have  been  called  in  its 
order  and  passed  and  put  at  the  foot  of  the  docket  shall,  if  not  again 
reached  during  the  term  it  was  called,  be  continued  to  the  next  term 
of  the  court. 

8.  Cases  Involving  the  Same  Question. — Two  or  more  cases,  involving 
the  same  question,  may,  by  the  leave  of  the  court,  be  heard  together, 
but  they  must  be  argued  as  one  case. 

9.  Reinstatement. — If,  after  a  case  has  been  passed  under  circum- 
stances which  do  not  place  it  at  the  foot  of  the  docket,  the  parties 
shall  desire  to  have  it  heard,  they  may  file  with  the  clerk  their  joint 
request  to  that  effect,  and  the  case  shall  then  be  by  him  reinstated  for 
call  ten  cases  after  that  under  argument,  or  next  to  be  called  at  the 
end  of  the  day  the  request  is  filed.  If  the  parties  will  not  unite  in 
such  a  request,  either  may  move  or  take  up  the  case,  and  it  shall  then 
be  assigned  to  such  place  upon  the  docket  as  the  court  may  direct. 

10.  Stipidation  to  Pass  a  Case. — No  stipulation  to  pass  a  case  without 
placing  it  at  the  foot  of  the  docket  will  be  recognized  as  binding  upon 
the  court.  A  case  can  only  be  so  passed  upon  application  made  and 
leave  granted  in  open  court. 

Rule  27.  Adjournments. — The  court  will,  at  every  term,  announce 
on  what  day  it  will  adjourn  at  least  ten  days  before  the  time  which 
shall  be  fixed  upon,  and  the  court  will  take  up  no  case  for  argument, 
nor  receive  any  case  upon  printed  briefs  within  three  days  next  before 
the  day  fixed  upon  for  adjournment. 

Rule  28.  Dismissing  Cases  in  Vacation. — Whenever  the  plaintiff 
and  defendant  in  a  writ  of  error  pending  in  this  court,  or  the  appel- 
lant and  appellee  in  an  appeal,  shall  in  vacation,  by  their  attorneys 
of  record,  sign  and  file  with  the  clerk  an  agreement  in  writing  direct- 
ing the  case  to  be  dismissed,  and  specifying  the  terms  on  which  it  is 
to  be  dismissed  as  to  costs,  and  shall  pay  to  the  clerk  any  fees  that 
may  be  due  to  him,  it  shall  be  the  duty  of  the  clerk  to  enter  the  case 
dismissed,   and  to   give  to   either  party  requesting  it   a   copy   of  the 


UNITED  STATES  SUPREME   COURT   RULES.  1041 

agreement  filed,  but  no  mandate  or  other  process  shall  issue  without  an 
order  of  the  court. 

Rule  29.  Supersedeas. — Supersedeas  bonds  in  the  Circuit  Courts 
must  be  taken,  with  good  and  sufficient  security,  that  the  plaintiff  in 
error  or  appellant  shall  prosecute  his  writ  or  appeal  to  effect,  and 
answer  all  damages  and  costs  if  he  failed  to  make  his  plea  good. 
Such  indemnity,  where  the  judgment  or  decree  is  for  the  recovery  of 
money  not  otherwise  secured,  must  be  for  the  whole  amount  of  the 
judgment  or  decree,  including  just  damages  for  delay,  and  costs  and 
interest  on  the  appeal;  but  in  all  suits  where  the  property  in  contro- 
versy necessarily  follows  the  event  of  the  suit,  as  in  real  actions,  re- 
plevin, and  in  suits  on  mortgages,  or  where  the  property  is  in  the  cus- 
tody of  the  marshal  under  admiralty  process,  as  in  case  of  capture  or 
seizure,  or  where  the  proceeds  thereof,  or  a  bond  for  the  value  thereof,. 
is  in  the  custody  or  control  of  the  court,  indemnity  in  all  such  cases 
is  only  required  in  an  amount  sufficient  to  secure  the  sum  recovered 
for  the  use  and  detention  of  the  property,  and  the  costs  of  the  suit, 
and  just  damages  for  delay,  and  costs  and  interest  on  the  appeal. 

Rule  30.  Rehearing. — A  petition  for  rehearing  after  judgment  can 
be  presented  only  at  the  term  at  which  judgment  is  entered,  unless 
by  special  leave  granted  during  the  term ;  and  must  be  printed  and 
briefly  and  distinctly  state  its  grounds,  and  be  supported  by  certifi- 
cate of  counsel;  and  will  not  be  granted,  or  permitted  to  be  argued, 
unless  a  justice  who  concurred  in  the  judgment  desires  it,  and  a 
majority  of  the  court  so  determines. 

Rule  31.  Form  of  Printed  Records  and  Briefs. — All  records,  argu- 
ments, and  briefs,  printed  for  the  use  of  the  court,  must  be  in  such 
form  and  size  that  they  can  be  conveniently  bound  together,  so  as  to 
make  an  ordinary  octavo  volume ;  and,  as  well  as  all  quotations  con- 
tained therein,  and  the  covers  thereof,  must  be  printed  in  clear  type 
(never  smaller  than  small  pica)   and  on  unglazed  paper. 

Rule  32.  Writs  of  Error  and  Appeals  Under  the  Act  of  February 
25,  1889,  Chapter  236,  or  Under  Section  5  of  the  Act  of  March  3,  1891, 
Chapter  517. — Cases  brought  to  this  court  by  writ  of  error  or  appeal, 
under  the  act  of  February  25,  1889,  chapter  236,  or  under  section  5 
of  the  act  of  March  3,  1891,  chapter  517,  where  the  only  question  in 
issue  is  the  question  of  the  jurisdiction  of  the  court  below,  will  be 
advanced  on  motion,  and  heard  under  the  rules  prescribed  by  rule  6, 
in  regard  to  motions  to  dismiss  writ  of  error  and  appeals. 

Rule  33.  Models,  Diagrams,  and  Exhibits  of  Materials. — 1.  Cus- 
tody of  Marshal. — Models,  diagrams,  and  exhibits  of  material  forming 
part  of  the  evidence  taken  in  the  court  below,  in  any  case  pending  in  this 
court,  on  writ  of  error  or  appeal,  shall  be  placed  in  the  custody  of  the 
marshal  of  this  court  at  least  one  month  before  the  case  is  heard  or 
submitted. 

2.  Must  he  Taken  Away  Within  Ovc  Month. — All  models,  diagrams 
and  exhibits  of  material,  placed  in  the  custody  of  the  marshal  for  the 
66 


1042 

inspection  of  the  court  on  the  hearing  of  a  case,  must  be  taken  away 
by  the  parties  within  one  month  after  the  case  is  decided.  When 
this  is  not  done,  it  shall  be  the  duty  of  the  marshal  to  notify  the  coun- 
sel in  the  case  by  mail  or  otherwise,  of  the  requirements  of  this  rule ; 
and  if  the  articles  are  not  removed  within  a  reasonable  time  after 
the  notice  is  given,  he  shall  destroy  them,  or  make  such  other  dispo- 
sition of  them  as  to  him  may  seem  best. 

Rule  34.  Custody  of  Prisoners  on  Habeas  Corpus. — 1.  From  Deci- 
sion Declining  to  Grant  the  Writ  of  Habeas  Corpus. — Pending  an  appeal 
from  the  final  decision  of  any  court  or  judge  declining  to  grant  the  writ 
of  habeas  corpus,  the  custody  of  the  prisoner  shall  not  be  disturbed. 

2.  From  Decision  Discharging  the  Writ. — Pending  an  appeal  from  the 
final  decision  of  any  court  or  judge  discharging  the  writ  after  it  has  been 
issued,  the  prisoner  shall  be  remanded  to  the  custody  from  which  he  was 
taken  by  the  writ,  or  shall,  for  good  cause  shown,  be  detained  in  custody 
of  the  court  or  judge,  or  be  enlarged  upon  recognizance  as  hereinafter 
provided. 

3.  From  Decision  Discharging  the  Prisoner. — Pending  an  appeal  from 
the  final  decision  of  any  court  or  judge  discharging  the  prisoner,  he  shall 
be  enlarged  upon  recognizance,  with  surety,  for  the  appearance  to  answer 
the  judgment  of  the  appellate  court,  except  where,  for  special  reasons, 
sureties  ought  to  be  required. 

Rule  35.  Assignment  of  Errors. — 1.  Plaintiff  in  Error  or  Appellant 
to  File. — Where  an  appeal  or  a  writ  of  error  is  taken  from  a  District 
Court  or  a  Circuit  Court  direct  to  this  court,  under  section  5  of  the  act 
entitled  **An  act  to  establish  Circuit  Courts  of  Appeals  and  to  define 
and  regulate  in  certain  eases  the  jurisdiction  of  the  courts  of  the  United 
States,  and  for  other  purpovses,"  approved  March  3,  1891,  the  plaintiff 
in  error  or  appellant  shall  file  with  the  clerk  of  the  court  below,  with  his 
petition  for  the  writ  of  error  or  appeal,  an  assignment  of  errors,  which 
shall  set  out  separately  and  particularity  each  error  asserted  and  intended 
to  be  urged.  No  writ  of  error  or  appeal  shall  be  allowed  until  such 
assignment  of  errors  shall  have  been  filed.  When  the  error  alleged  is  to 
the  admission  or  to  the  rejection  of  evidence,  the  assignment  of  errors 
shall  quote  the  full  substance  of  the  evidence  admitted  or  rejected. 
When  the  error  alleged  is  to  the  charge  of  the  court,  the  assignment  of 
errors  shall  set  out  the  part  referred  to  totidem  verbis,  whether  it  be  in 
instructions  given  or  in  instructions  refused.  Such  assignment  of  errors 
shall  form  part  of  the  transcript  of  the  record,  and  be  printed  with  it. 
When  this  is  not  done  counsel  will  not  be  heard,  except  at  the  request  of 
the  court;  and  errors  not  assigned  according  to  this  rule  will  be  disre- 
garded, but  the  court,  at  its  option,  may  notice  a  plain  error  not  assigned. 

2.  Record  to  be  Printed. — The  plaintiff  in  error  or  appellant  shall 
cause  the  record  to  be  printed,  according  to  the  provisions  of  Sections 
2,  3,  4,  5,  6,  and  9,  of  Rule  10. 

Rule  36.  Appeals  and  Writs  of  Error. — 1.  When  Allowed — Super- 
sedeas.— An  appeal  or  a  writ  of  error  from  a  Circuit  Court  or  a  District 


UNITED  STATES  SUPREME  COURT  RULES.  1043 

Court  direct  to  this  court,  in  the  cases  provided  for  in  sections  5  and  6 
of  the  act  entitled  "An  act  to  establish  Circuit  Courts  of  Appeals,  and 
to  define  and  regulate  in  certain  cases  the  jurisdiction  of  the  courts  of 
the  United  States,  and  for  other  purposes,"  approved  March  3,  1891, 
may  be  allowed,  in  term  time  or  in  vacation,  by  any  justice  of  this  court, 
or  by  any  circuit  judge  within  his  circuit,  or  by  any  district  judge  within 
his  district,  and  the  proper  security  be  taken  and  the  citation  signed  by 
him,  and  he  may  also  grant  a  supersedeas  and  stay  of  execution  or  of 
proceedings,  pending  such  writ  of  error  or  appeal. 

2.  In  Criminal  Case — Bail. — Where  such  writ  of  error  is  allowed  in 
the  case  of  a  conviction  of  an  infamous  crime,  or  in  any  other  criminal 
case  in  which  it  will  lie  under  said  sections  5  and  6,  the  Circuit  Court 
or  District  Court  or  any  justice  or  judge  thereof,  shall  have  power,  after 
the  citation  is  served,  to  admit  the  accused  to  bail  in  such  amount  as  may 
be  fixed. 

Rule  37.  Cases  from  Circuit  Court  of  Appeals. — 1.  Statement  of 
Facts. — Where,  under  section  6  of  the  said  act,  a  Circuit  Court  of  Ap- 
peals shall  certify  to  this  court  a  question  or  proposition  of  law,  concern- 
ing which  it  desires  the  instruction  of  this  court  for  its  proper  decision, 
the  certificate  shall  contain  a  proper  statement  of  the  facts  on  which  such 
question  or  proposition  of  law  arises. 

2.  Certified  Copy  of  Record. — If  application  is  thereupon  made  to  this 
court  that  the  whole  record  and  cause  may  be  sent  up  to  it  for  its  con- 
sideration, the  party  making  such  application  shall,  as  a  part  thereof, 
furnish  this  court  with  a  certified  copy  of  the  whole  of  said  record. 

3.  Application  to  Require  a  Case  to  he  Certified. — Where  application 
is  made  to  this  court  under  section  6  of  the  said  act  to  require  a  case  to 
be  certified  to  it  for  its  review  and  determination  a  certified  copy  of  the 
entire  record  of  the  case  in  the  Circuit  Court  of  Appeals  shall  be  fur- 
nished to  this  court  by  the  applicant,  as  part  of  the  application. 

Rule  38.  Interest,  Costs  and  Fees. — The  provisions  of  Rules  23  and 
24  of  this  court,  in  regard  to  interest  and  costs  and  fees,  shall  apply  to 
writs  of  error  and  appeals  and  reviews  under  the  provisions  of  sections 
5  and  6  of  the  said  act. 

Rule  39.  Mandates. — Mandates  shall  issue  as  of  course  after  the  ex- 
piration of  thirty  days  from  the  day  the  judgment  or  decree  is  entered, 
unless  the  time  is  enlarged  by  order  of  the  court,  or  of  a  justice  thereof 
when  the  court  is  not  in  session,  but  during  the  term. 


RULES  OF  PRACTICE  FOR  UNITED  STATES 

COURTS  OF  EQUITY. 

Rule  1.  District  Court  Always  Open  for  Certain  Purposes — Orders 
at  Chambers. — The  District  Courts,  as  courts  of  equity,  shall  be  deemed 
always  open  for  the  purpose  of  filing  any  pleading,  of  issuing  and 
returning  mesne  and  final  process,  and  of  making  and  directing  all 


1044  hillyer's  legal  manual. 

interlocutory  motions,  orders,  rules  and  other  proceedings  preparatory 
to  the  hearing,  upon  their  merits,  of  all  causes  pending  therein. 

Any  District  Judge  may,  upon  reasonable  notice  to  the  parties,  make, 
direct,  and  award,  at  Chambers  or  in  the  Clerk's  office,  and  in  vaca- 
tion as  well  as  in  term,  all  such  process,  commissions,  orders,  rules  and 
other  proceedings,  whenever  the  s-ame  are  not  grantable  of  course,  ac- 
cording to  the  rules  and  practice  of  the  court. 

Rule  2.  Clerk's  Office  Always  Open,  Except,  etc.— The  Clerk's 
office  shall  be  open  during  business  hours  on  all  days,  except  Sundays 
and  legal  holidays,  and  the  Clerk  shall  be  in  attendance  for  the  pur- 
pose of  receiving  and  disposing  of  all  motions,  rules,  orders  and  other 
proceedings  which  are  grantable  of  course. 

Rule  3.  Books  Kept  by  Clerk  and  Entries  Therein.— The  Clerk  shall 
keep  a  book  known  as  "Equity  Docket,"  in  which  he  shall  enter  each 
suit,  with  a  file  number  corresponding  to  the  folio  in  the  book.  All 
papers  and  orders  filed  with  the  Clerk  in  the  suit,  all  process  issued 
and  returns  made  thereon,  and  all  appearances  shall  be  noted  briefly 
and  chronologically  in  this  book  on  the  folio  assigned  to  the  suit  and 
shall  be  marked  with  its  file  number. 

The  Clerk  shall  also  keep  a  book  entitled  ''Order  Book,"  in  which 
shall  be  entered  at  length,  in  the  order  of  their  making,  all  orders  made 
or  passed  by  him  as  of  course  and  also  all  orders  made  or  passed  by 
the  Judge  in  Chambers. 

He  shall  also  keep  an  "Equity  Journal,"  in  which  shall  be  entered 
all  orders,  decrees  and  proceedings  of  the  court  in  equity  causes  in 
term  time. 

Separate  and  suitable  indices  of  the  Equity  Docket,  Order  Book 
and  Equity  Journal  shall  be  kept  by  the  Clerk  under  the  direction  of 
the  court. 

Rule  4.  Notice  of  Orders. — Neither  the  noting  of  an  order  in  the 
Equity  Docket  nor  its  entry  in  the  Order  Book  shall  of  itself  be  deemed 
notice  to  the  parties  or  their  solicitors ;  and  when  an  order  is  made 
without  prior  notice  to,  and  in  the  absence  of,  a  party,  the  Clerk,  unless 
otherwise  directed  by  the  court  or  Judge,  shall  forthwith  send  a  copy 
thereof,  by  mail,  to  such  party  or  his  solicitor  and  a  note  of  such  mail- 
ing shall  be  made  in  the  Equity  Docket,  which  shall  be  taken  as  suffi- 
cient proof  of  due  notice  of  the  order. 

Rule  5.  Motions  Grantable  of  Course  by  Clerk. — All  motions  and 
applications  in  the  Clerk's  office  for  the  issuing  of  mesne  process  or 
final  process  to  enforce  and  execute  decrees;  for  taking  bills  pro  con- 
fesso;  and  for  other  proceedings  in  the  Clerk's  office  which  do  not 
require  any  allowance  or  order  of  the  court  or  of  a  Judge,  shall  be 
deemed  motions  and  applications  grantable  of  course  by  the  Clerk; 
but  the  same  may  be  suspended,  or  altered,  or  rescinded  by  the  Judge 
upon  special  cause  shown. 

Rule  6.  Motion  Day. — Each  District  Court  shall  establish  regular 
times  and  places,  not  less  than  once  each  month,  when  motions  requir- 


UNITED  STATES  SUPREME  COURT EQUITY  RULES.         1045 

ing  notice  and  hearing  may  be  made  and  disposed  of;  but  the  Judge 
may  at  any  time  and  place,  and  on  such  notice,  if  any,  as  he  may  con- 
sider reasonable,  make  and  direct  all  interlocutory  orders,  rulings  and 
proceedings  for  the  advancement,  conduct  and  hearing  of  causes.  If 
the  public  interest  permits,  the  senior  Circuit  Judge  of  the  circuit  may 
dispense  with  the  motion  day  during  not  to  exceed  two  months  in  the 
year  in  any  district. 

Rule  7.  Process,  Mesne  and  Final. — The  process  of  subpoena  shall 
constitute  the  proper  mesne  process  in  all  suits  of  equity,  in  the  first 
instance,  to  require  the  defendant  to  appear  and  answer  the  bill;  and, 
unless  otherwise  provided  in  these  rules  or  specially  ordered  by  the 
court,  a  writ  of  attachment  and,  if  the  defendant  cannot  be  found,  a 
writ  of  sequestration,  or  a  writ  of  assistance  to  enforce  a  delivery  of 
possession,  as  the  case  may  require,  shall  be  the  proper  process  to  issue 
for  the  purpose  of  compelling  obedience  to  any  interlocutory  or  final 
order  or  decree  of  the  court. 

Rule  8.  Enforcement  of  Final  Decrees. — Final  process  to  execute 
any  decree  may,  if  the  decree  be  solely  for  the  payment  of  money,  be 
by  a  writ  of  execution,  in  the  form  used  in  the  District  Court  in  suits 
at  common  law  in  actions  of  assumpsit.  If  the  decree  be  for  the  per- 
formance of  any  specific  act,  as,  for  example,  for  the  execution  of  a 
conveyance  of  land  or  the  delivering  up  of  deeds  or  other  documents, 
the  decree  shall,  in  all  cases,  prescribe  the  time  within  which  the  act 
shall  be  done,  of  which  the  defendant  shall  be  bound,  without  further 
service,  to  take  notice ;  and  upon  affidavit  of  the  plaintiff,  filed  in  the 
Clerk's  office,  that  the  same  has  not  been  complied  with  within  the 
prescribed  time,  the  Clerk  shall  issue  a  writ  of  attachment  against  the 
delinquent  party,  from  which,  if  attached  thereon,  he  shall  not  be  dis- 
charged, unless  upon  a  full  compliance  with  the  decree  and  the  pay- 
ment of  all  costs,  or  upon  a  special  order  of  the  court,  or  a  Judge 
thereof,  upon  motion  and  affidavit,  enlarging  the  time  for  the  perform- 
ance thereof.  If  the  delinquent  party  cannot  be  found  a  writ  of 
sequestration  shall  issue  against  his  estate,  upon  the  return  of  7ion  est 
inveiitusy  to  compel  obedience  to  the  decree.  If  a  mandatory  order, 
injunction  or  decree  for  the  specific  performance  of  any  act  or  con- 
tract be  not  complied  with,  the  court  or  a  Judge,  besides,  or  instead 
of,  proceedings  against  the  disobedient  party  for  a  contempt  or  by 
sequestration,  may  by  order  direct  that  the  act  required  to  be  done, 
be  done,  so  far  as  practicable,  by  some  other  person  appointed  by  the 
court  or  Judge,  at  the  cost  of  the  disobedient  party,  and  the  act,  when 
so  done,  shall  have  like  effect  as  if  done  by  him. 

Rule  9.  Writ  of  Assistance. — When  any  decree  or  order  is  for  the 
delivery  of  possession,  upon  proof  made  by  affidavit  of  a  demand  and 
refusal  to  obey  the  decree  or  order,  the  party  prosecuting  the  same 
shall  be  entitled  to  a  writ  of  assistance  from  the  Clerk  of  the  court. 

Rule  10.  Decree  for  Deficiency  in  Foreclosures,  etc. — In  suits  for 
the  foreclosure  of  mortgages,  or  the  enforcement  of  other  liens,  a  de- 


1046  HILLYER^S  LEGAL   MANUAL. 

cree  may  be  rendered  for  any  balance  that  may  be  found  due  to  the 
plaintiff  over  and  above  the  proceeds  of  the  sale  or  sales,  and  execution 
may  issue  for  the  collection  of  the  same,  as  is  provided  in  Rule  8  when 
the  decree  is  solely  for  the  payment  of  money. 

Rule  11.'  Process  in  Behalf  of  and  Against  Persons  not  Parties. — 
'Every  person,  not  being  a  party  in  any  cause,  who  has  obtained  an 
order,  or  in  whose  favor  an  order  shall  have  been  made,  may  enforce 
obedience  to  such  order  by  the  same  process  as  if  he  were  a  party; 
and  every  person,  not  being  a  party,  against  whom  obedience  to  any 
order  of  the  court  may  be  enforced,  shall  be  liable  to  the  same  pro- 
cess for  enforcing  obedience  to  such  orders  as  if  he  were  a  party. 

Rule  12.  Issue  of  Subpoena — Time  for  Answer. — Whenever  a  bill 
is  filed,  and  not  before,  the  Clerk  shall  issue  the  process  of  subpoena 
thereon,  as,  of  course,  upon  the  application  of  tJie  plaintiff,  which  shall 
contain  the  names  of  the  parties  and  be  returnable  into  the  Clerk's 
office  twenty  days  from  the  issuing  thereof.  At  the  bottom  of  the 
subpoena  shall  be  placed  a  memorandum,  that  the  defendant  is  re- 
quired to  file  his  answer  or  other  defense  in  the  Clerk's  office  on  or 
before  the  twentieth  day  after  service,  excluding  the  day  thereof; 
otherwise  the  bill  may  be  taken  pro  confesso.  Where  there  are  more 
than  one  defendant,  a  writ  of  subpoena  may,  at  the  election  of  the 
plaintiff,  be  sued  out  separately  for  each  defendant,  or  a  joint  sub- 
poena against  all  the  defendants. 

Rule  13.  Manner  of  Serving  Subpoena. — The  service  of  all  sub- 
poenas shall  be  by  delivering  a  copy  thereof  to  the  defendant  per- 
sonally, or  by  leaving  a  copy  thereof  at  the  dwelling-house  or  usual 
place  of  abode  of  each  defendant,  with  some  adult  person  who  is  a 
member  of  or  resident  in  the  family. 

Rule  14.  Alias  Subpoena. — ^Whenever  any  subpoena  shall  be  re- 
turned not  executed  as  to  any  defendant,  the  plaintiff  shall  be  entitled 
to  other  subpoenas  against  such  defendant,  until  due  service  is  made. 

Rule  15.  Process,  by  Whom  Served. — The  service  of  all  process, 
mesne  and  final,  shall  be  by  the  marshal  of  the  district,  or  his  deputy, 
or  by  some  other  person  especially  appointed  by  the  court  or  Judge 
for  that  purpose,  and  not  otherwise.  In  the  latter  case,  the  person 
serving  the  process  shall  make  affidavit  thereof. 

Rule  16.  Defendant  to  Answer — Default — Decree  Pro  Confesso. — 
It  shall  be  the  duty  of  the  defendant,  unless  the  time  shall  be  enlarged, 
for  cause  shown,  by  a  Judge  of  the  court,  to  file  his  answer  or  other 
defense  to  the  bill  in  the  Clerk's  office  within  the  time  named  in  the 
subpoena  as  required  by  Rule  12.  In  default  thereof  the  plaintiff  may, 
at  his  election,  take  an  order  as  of  course  that  the  bill  be  taken  pro 
confesso;  and  thereupon  the  cause  shall  be  proceeded  in  ex  parte. 

Rule  17.  Decree  Pro  Confesso  to  be  Followed  by  Final  Decree — 
Setting  Aside  Default. — When  the  bill  is  taken  pro  confesso  the  court 
may  proceed  to  a  final  decree  at  any  time  after  the  expiration  of  thirty 


UNITED  STATES  SUPREME  COURT — EQUITY  RULES.  1047 

days  after  the  entry  of  the  order  pro  confesso,  and  such  decree  shall  be 
deemed  absolute,  unless  the  court  shall,  at  the  same  term,  set  aside 
the  same,  or  enlarge  the  time  for  filing  the  answer,  upon  cause  shown 
upon  motion  and  affidavit.  No  such  motion  shall  be  granted,  unless 
upon  the  payment  of  the  costs  of  the  plaintiff  up  to  that  time,  or  such 
part  thereof  as  the  court  shall  deem  reasonable,  and  unless  the  de- 
fendant shall  undertake  to  file  his  answer  within  such  time  as  the 
court  shall  direct,  and  submit  to  such  other  terms  as  the  court  shall 
direct,  for  the  purpose  of  speeding  the  cause. 

Rule  18.  Pleadings — Technical  Forms  Abrogated. — Unless  other- 
wise prescribed  by  statute  or  these  rules  the  technical  forms  of  plead- 
ings in  equity  are  abolished. 

Rule  19.  Amendments  Generally. — The  court  may,  at  any  time,  in 
furtherance  of  justice,  upon  such  terms  as  may  be  just,  permit  any 
process,  proceeding,  pleading  or  record  to  be  amended,  or  material 
supplemental  matter  to  be  set  forth  in  an  amended  or  supplemental 
pleading.  The  court,  at  every  stage  of  the  proceeding,  must  disregard 
any  error  or  defect  in  the  proceeding  which  does  not  affect  the  sub- 
stantial rights  of  the  parties. 

Rule  20.  Further  and  Particular  Statement  in  Pleading  may  be 
Required. — A  further  and  better  statement  of  the  nature  of  the  claim 
or  defense,  or  further  and  better  particulars  of  any  matter  stated  in 
any  pleading,  may  in  any  case  be  ordered,  upon  such  terms,  as  to  costs 
and  otherwise,  as  may  be  just. 

Rule  21.  Scandal  and  Impertinence. — The  right  to  except  to  bills, 
answers,  and  other  proceedings  for  scandal  or  impertinence  shall  not 
obtain,  but  the  court  may,  upon  motion  or  its  own  initiative,  order 
any  redundant,  impertinent  or  scandalous  matter  stricken  out,  upon 
such  terms  as  the  court  shall  think  fit. 

Rule  22.  Action  at  Law  Erroneously  Begun  as  Suit  in  Equity — 
Transfer. — If  at  any  time  it  appear  that  a  suit  commenced  in  equity 
should  have  been  brought  as  an  action  on  the  law  side  of  the  court, 
it  shall  be  forthwith  transferred  to  the  law  side  and  be  there  proceeded 
with,  with  only  such  alteration  in  the  pleadings  as  shall  be  essential. 

Rule  23.  Matters  Ordinarily  Determinable  at  Law,  When  Arising 
in  Suit  in  Equity  to  be  Disposed  of  Therein. — If  in  a  suit  in  equity 
a  matter  ordinarily  determinable  at  law  arises,  such  matter  shall  be 
determined  in  that  suit  according  to  the  principles  applicable,  with- 
out sending  the  case  or  question  to  the  law  side  of  the  court. 

Rule  24.  Signature  of  Counsel. — Every  bill  or  other  pleading  shall 
be  signed  individually  by  one  or  more  solicitors  of  record,  and  such 
signatures  shall  be  considered  as  a  certificate  by  each  solicitor  that 
he  has  read  the  pleading  so  signed  by  him ;  that  upon  the  instructions 
laid  before  him  regarding  the  case  there  is  good  ground  for  the  same ; 
that  no  scandalous  matter  is  inserted  in  the  pleading;  and  that  it  is  not 
interposed  for  delay. 


1048  hillyer's  legal  manual. 

Rule  25.  Bill  of  Complaint— Contents.— Hereafter  it  shall  be  suffi- 
cient that  a  bill  in  equity  shall  contain,  in  addition  to  the  usual  caption : 

First,  the  full  name,  when  known,  of  each  plaintiff  and  defendant, 
and  the  citizenship  and  residence  of  each  party.  If  any  party  be 
under  any  disability  that  fact  shall  be  stated. 

Second,  a  short  and  plain  statement  of  the  grounds  upon  which  the 
court's  jurisdiction   depends. 

Third,  a  short  and  simple  statement  of  the  ultimate  facts  upon 
which  the  plaintiff  asks  relief,  omitting  any  mere  statement  of  evi- 
dence. 

Fourth,  if  there  are  persons  other  than  those  named  as  defendants 
who  appear  to  be  proper  parties,  the  bill  should  state  why  they  are 
not  made  parties — as  that  they  are  not  within  the  jurisdiction  of  the 
court,  or  cannot  be  made  parties  without  ousting  the  jurisdiction. 

Fifth,  a  statement  of  and  prayer  for  any  special  relief  pending  the 
suit  or  final  hearing,  which  may  be  stated  and  sought  in  alternative 
forms.  If  special  relief  pending  the  suit  be  desired  the  bill  should  be 
verified  by  the  oath  of  the  plaintiff,  or  someone  having  knowledge  of 
the  facts  upon  which  such  relief  is  asked. 

Rule  26.  Joinder  of  Causes  of  Action. — The  plaintiff  may  join  in 
one  bill  as  many  causes  of  action,  cognizable  in  equity,  as  he  may  have 
against  the  defendant.  But  when  there  is  more  than  one  plaintiff,  the 
causes  of  action  joined  must  be  joint,  and  if  there  be  more  than  one 
defendant  the  liability  must  be  one  asserted  against  all  of  the  material 
defendants,  or  sufficient  grounds  must  appear  for  uniting  the  causes 
of  action  in  order  to  promote  the  convenient  administration  of  justice. 
If  it  appear  that  any  such  causes  of  action  cannot  be  conveniently 
disposed  of  together,  the  court  may  order  separate  trials. 

Rule  27.  Stockholder's  Bill. — Every  bill  brought  by  one  or  more 
stockholders  in  a  corporation  against  the  corporation  and  other  parties, 
founded  on  rights  which  may  properly  be  asserted  by  the  corporation, 
must  be  verified  by  oath,  and  must  contain  an  allegation  that  the  plain- 
tiff was  a  shareholder  at  the  time  of  the  transaction  of  which  he  com- 
plains, or  that  his  share  had  devolved  on  him  since  by  operation  of  law, 
and  that  the  suit  is  not  a  collusive  one  to  confer  on  a  court  of  the 
United  States  jurisdiction  of  a  case  of  which  it  would  not  otherwise 
have  cognizance.  It  must  also  set  forth  with  particularity  the  efforts 
of  the  plaintiff  to  secure  such  action  as  he  desires  on  the  part  of  the 
managing  directors  or  trustees,  and,  if  necessary,  of  the  shareholders, 
and  the  causes  of  his  failure  to  obtain  such  action,  or  the  reason  for 
not  making  such  effort. 

Rule  28.  Amendment  of  Bill  as  of  Course. — The  plaintiff  may,  as  of 
course,  amend  his  bill  before  the  defendant  has  responded  thereto, 
but  if  such  amendment  be  filed  after  any  copy  has  issued  from  the 
Clerk 's  office,  the  plaintiff  at  his  own  cost  shall  furnish  to  the  solicitor 
of  record  of  each  opposing  party,  a  copy  of  the  bill  as  amended,  unless 
otherwise  ordered  by  the  court  or  judge. 


UNITED  STATES  SUPREME  COURT — EQUITY  RULES.  1049 

After  pleading  filed  by  any  defendant,  plaintiff  may  amend  only 
by  consent  of  the  defendant  or  leave  of  the  court  or  Judge. 

Rule  29.  Defenses — How  Presented. — Demurrers  and  pleas  are 
abolished.  Every  defense  in  point  of  law  arising  upon  the  face  of 
the  bill,  whether  for  misjoinder,  nonjoinder,  or  insufficiency  of  fact 
to  constitute  a  valid  cause  of  action  in  equity,  which  might  heretofore 
have  been  made  by  demurrer  or  plea,  shall  be  made  by  motion  to  dis- 
miss or  in  the  answer;  and  every  such  point  of  law  going  to  the  whole 
or  a  material  part  of  the  cause  or  causes  of  action  stated  in  the  bill 
may  be  called  up  and  disposed  of  before  final  hearing  at  the  discretion 
of  the  court.  Every  defense  heretofore  presentable  by  plea  in  bar  or 
abatement  shall  be  made  in  the  answer  and  may  be  separately  heard 
and  disposed  of  before  the  trial  of  the  principal  case  in  the  discretion 
of  the  court.  If  the  defendant  move  to  dismiss  the  bill  or  any  part 
thereof,  the  motion  may  be  set  down  for  hearing  by  either  party  upon 
five  days'  notice,  and,  if  it  be  denied,  answer  shall  be  filed  within  five 
days  thereafter  or  a  decree  pro  confesso  entered. 

Rule  30.  Answer — Contents — Counterclaim. — The  defendant  in  his 
answer  shall  in  short  and  simple  terms  set  out  his  defense  to  each 
claim  asserted  by  the  bill,  omitting  any  mere  statement  of  evidence 
and  avoiding  any  general  denial  of  the  averments  of  the  bill,  but 
specifically  admitting  or  denying  or  explaining  the  facts  upon  which 
the  plaintiff  relies,  unless  the  defendant  is  without  knowledge,  in 
which  case  he  shall  so  state,  such  statement  operating  as  a  denial. 
Averments  other  than  those  of  value  or  amount  of  damage,  if  not 
denied,  shall  be  deemed  confessed,  except  as  against  an  infant,  lunatic 
or  other  person  no7i  coynpos  and  not  under  guardianship.  The  answer 
may  be  amended,  by  leave  of  the  court  or  Judge,  upon  reasonable 
notice,  so  as  to  put  any  averment  in  issue,  when  justice  requires  it. 
The  answer  may  state  as  many  defenses,  in  the  alternative,  regard- 
less of  consistency,  as  the  defendant  deems  essential  to  his  defense. 

The  answer  must  state  in  short  and  simple  form  any  counterclaim 
arising  out  of  the  transaction  which  is  the  subject  matter  of  the  suit, 
and  may,  without  cross-bill,  set  out  any  setoff  or  counterclaim  against 
the  plaintiff  which  might  be  the  subject  of  an  independent  suit  in 
equity  against  him,  and  such  setoff  or  counterclaim,  so  set  up,  shall 
have  the  same  effect  as  a  cross-suit,  so  as  to  enable  the  court  to  pro- 
nounce a  final  judgment  in  the  same  suit  both  on  the  original  and 
cross-claims. 

Rule  31.  Reply — When  Required — When  Cause  at  Issue. — Unless 
the  answer  assert  a  setoff  or  counterclaim,  no  reply  shall  be  required 
without  special  order  of  the  court  or  Judge,  but  the  cause  shall  be 
deemed  at  issue  upon  the  filing  of  the  answer,  and  any  new  or  affirma- 
tive matter  therein  shall  be  deemed  to  be  denied  by  the  plaintiff. 
If  the  answer  include  a  setoff  or  counterclaim,  the  party  against  whom 
it  is  asserted  shall  reply  within  ten  days  after  the  filing  of  the  answer, 
unless  a  lonojer  time  be  allowed  bv  the  court  or  Judge.     If  the  counter- 


1050  HILLYER^S  LEGAL    MANUAL. 

claim  is  one  which  affects  the  rights  of  other  defendants  they  or  their 
solicitors  shall  be  served  with  a  copy  of  the  same  within  ten  days  from 
the  filing  thereof,  and  ten  days  shall  be  accorded  to  such  defendants 
for  filing  a  reply.  In  default  of  a  reply,  a  decree  p^'o  confesso  on  the 
counterclaim  may  be  entered  as  in  default  of  an  answer  to  the  bill. 

Rule  32.  Answer  to  Amended  Bill. — In  every  case  where  an  amend- 
ment to  the  bill  shall  be  made  after  answer  filed,  the  defendant  shall 
put  in  a  new  or  supplemental  answer  within  ten  days  after  that  on 
which  the  amendment  or  amended  bill  is  filed,  unless  the  time  is  en- 
larged or  otherwise  ordered  by  a  Judge  of  the  court;  and  upon  his 
default,  the  like  proceedings  may  be  had  as  a  case  of  an  omission  to 
put  in  an  answer. 

Rule  33.  Testing  SuiRciency  of  Defense. — Exceptions  for  insuffi- 
ciency of  an  answer  are  abolished.  But  if  an  answer  set  up  an  affirma- 
tive defense,  setoff  or  counterclaim,  the  plaintiff  may,  upon  five  days' 
notice,  or  such  further  time  as  the  court  may  allow,  test  the  sufficiency 
of  the  same  by  motion  to  strike  out.  If  found  insufficient  but  amend- 
able tlie  court  may  allow  an  amendment  upon  terms,  or  strike  out  the 
matter. 

Rule  34.  Supplemental  Pleading. — ^Upon  application  of  either  party, 
the  court  or  Judge  may,  upon  reasonable  notice  and  such  terms  as 
are  just,  permit  him  to  file  and  serve  a  supplemental  pleading,  alleg- 
ing material  facts  occurring  after  his  former  pleading,  or  of  which 
he  was  ignorant  when  it  was  made,  including  the  judgment  or  decree 
of  a  competent  court  rendered  after  the  commencement  of  the  suit 
determining  the  matters  in  controversy  or  a  part  thereof. 

Rule  35.  Bills  of  Revivor  and  Supplemental  Bills — Form. — It  shall 
not  be  necessary  in  any  bill  of  revivor  or  supplemental  bill  to  set 
forth  any  of  the  statements  in  the  original  suit,  unless  the  special 
circumstances  of  the  case  may  require  it. 

Rule  36.  Officers  Before  Whom  Pleadings  Verified. — Every  plead- 
ing which  is  required  to  be  sworn  to  by  statute,  or  these  rules,  may  be 
verified  before  any  Justice  or  Judge  of  any  court  of  the  United  States, 
or  of  any  State  or  Territory,  or  of  the  District  of  Columbia,  or  any 
Clerk  of  any  court  of  the  United  States,  or  of  any  Territory,  or  of  the 
District  of  Columbia,  or  any  notary  public. 

Rule  37.  Parties  Generally — Intervention. — Every  action  shall  be 
prosecuted  in  the  name  of  the  real  party  in  interest,  but  an  executor, 
administrator,  guardian,  trustee  of  an  express  trust,  a  party  with 
whom  or  in  whose  name  a  contract  has  been  made  for  the  benefit  of 
another,  or  a  party  expressly  authorized  by  statute,  may  sue  in  his 
own  name  without  joining  with  him  the  party  for  whose  benefit  the 
action  is  brought.  All  persons  having  an  interest  in  the  subject  of  the 
action  and  in  obtaining  the  relief  demanded  may  join  as  plaintiffs, 
and  any  person  may  be  made  a  defendant  who  has  or  claims  an  in- 
terest adverse  to  the  plaintiff.  Any  person  may  at  any  time  be  made 
a  party  if  his  presence  is  necessary  or  proper  to  a  complete  determina- 


UNITED  STATES  SUPREME  COURT — ^EQUITY  RULES.  1051 

tion  of  the  cause.  Persons  having  a  united  interest  must  be  joined 
on  the  same  side  as  plaintiffs  or  defendants,  but  when  anyone  refuses 
to  join,  he  may  for  such  reason  be  made  a  defendant. 

Anyone  claiming  an  interest  in  the  litigation  may  at  any  time  be 
permitted  to  assert  his  right  by  intervention,  but  the  intervention  shall 
be  in  subordination  to,  and  in  recognition  of,  the  property  of  the  main 
proceeding. 

Rule  38.  Representatives  of  Class. — When  the  question  is  one  of 
common  or  general  interest  to  many  persons  constituting  a  class  so 
numerous  as  to  make  it  impracticable  to  bring  them  all  before  the 
court,  one  or  more  may  sue  or  defend  for  the  whole. 

Rule  39.  Absence  of  Persons  Who  Would  be  Proper  Parties. — In  all 
cases  where  it  shall  appear  to  the  court  that  persons,  who  might  other- 
wise be  deemed  proper  parties  to  the  suit,  cannot  be  made  parties 
by  reason  of  their  being  out  of  the  jurisdiction  of  the  court,  or  in- 
capable otherwise  of  being  made  parties,  or  because  their  joinder 
would  oust  the  jurisdiction  of  the  court  as  to  the  parties  before  the 
court,  the  court  may,  in  its  discretion,  proceed  in  the  cause  without 
making  such  persons  parties;  and  in  such  cases  the  decree  shall  be 
without  prejudice  to  the  rights  of  the  absent  parties. 

Rule  40.  Nominal  Parties. — Where  no  account,  payment,  convey- 
ance, or  other  direct  relief  is  sought  against  a  party  to  a  suit,  not  being 
an  infant,  the  party,  upon  service  of  the  subpoena  upon  him,  need  not 
appear  and  answer  the  bill,  unless  the  plaintiff  specially  requires  him 
to  do  so  by  the  prayer ;  but  he  may  appear  and  answer  at  his  option ; 
and  if  he  does  not  appear  and  answer  he  shall  be  bound  by  all  the  pro- 
ceedings in  the  cause.  If  the  plaintiff  shall  require  him  to  appear  and 
answer  he  shall  be  entitled  to  the  costs  of  all  the  proceedings  against 
him,  unless  the  court  shall  otherwise  direct. 

Rule  41.  Suit  to  Execute  Trusts  of  Will — Heir  as  Party. — In  suits 
to  execute  the  trusts  of  a  will,  it  shall  not  be  necessary  to  make  the 
heir  at  law  a  party;  but  the  plaintiff  shall  be  at  liberty  to  make  the 
heir  at  law  a  party  where  he  desires  to  have  the  will  established  against 
him. 

Rule  42.  Joint  and  Several  Demands. — In  all  cases  in  which  the 
plaintiff  has  a  joint  and  several  demand  against  several  persons,  either 
as  principals  or  sureties,  it  shall  not  be  necessary  to  bring  before  the 
court  as  parties  to  a  suit  concerning  such  demand  all  the  persons  liable 
thereto;  but  the  plaintiff  may  proceed  against  one  or  more  of  the 
persons  severally  liable. 

Rule  43.  Defect  of  Parties — Resisting  Objection. — Where  the  de- 
fendant shall  by  his  answer  suggest  that  the  bill  of  complaint  is  de- 
fective for  want  of  parties,  the  plaintiff  may,  within  fourteen  days 
after  answer  filed,  set  down  the  cause  for  argument  as  a  motion  upon 
that  objection  only;  and  where  the  plaintiff  shall  not  so  set  down  his 
cause,  but  shall  proceed  therewith  to  a  hearing,  notwithstanding  an 
objection  for  want  of  parties  taken  by  the  answer,  he  shall  not  at  the 


1052  hillyer's  legal  manual. 

hearing:  of  the  cause,  if  the  defendant's  objection  shall  then  be  al- 
lowed, be  entitled  as  of  course  to  an  order  to  amend  his  bill  by  adding 
parties;  but  the  court  shall  be  at  liberty  to  dismiss  the  bill,  or  to  allow 
an  amendment  on  such  terms  as  justice  may  require. 

Rule  44.  Defect  of  Parties— Tardy  Objection.— If  a'^efendant  shall, 
at  the  hearing  of  a  cause,  object  that  a  suit  is  defective  for  want  of 
parties,  not  having  by  motion  or  answer  taken  the  objection  and 
therein  specified  by  name  or  description  the  parties  to  whom  the  objec- 
tion applies,  the  court  shall  be  at  liberty  to  make  a  decree  saving  the 
rights  of  the  absent  parties. 

Rule  45.  Death  of  Party— Revivor. — In  the  event  of  the  death  of 
either  party  the  court  may,  in  a  proper  case,  upon  motion,  order  the 
suit  to  be  revived  by  the  substitution  of  the  proper  parties.  If  the 
successors  or  representatives  of  the  deceased  party  fail  to  make  such 
application  within  a  reasonable  time,  then  any  other  party  may,  on 
motion,  apply  for  such  relief,  and  the  court,  upon  any  such  motion 
may  make  the  necessary  orders  for  notice  to  the  parties  to  be  sub- 
stituted and  for  the  filing  of  such  pleadings  or  amendments  as  may  be 
necessary. 

Rule  46.  Trial — Testimony  Usually  Taken  in  Open  Court — Rulings 
on  Objections  to  Evidence. — In  all  trials  in  equit}^  the  testimony  of 
witnesses  shall  be  taken  orally  in  open  court,  except  as  otherwise  pro- 
vided by  statute  or  these  rules.  The  court  shall  pass  upon  the  ad- 
missibility of  all  evidence  offered  as  in  actions  at  law.  When  evidence 
is  offered  and  excluded,  and  the  party  against  whom  the  ruling  is  made 
excepts  thereto  at  the  time,  the  court  shall  take  and  report  so  much 
thereof,  or  make  such  a  statement  respecting  it,  as  will  clearly  show 
the  character  of  the  evidence,  the  form  in  which  it  was  offered,  the 
objection  made,  the  ruling,  and  the  exception.  If  the  appellate  court 
shall  be  of  opinion  that  the  evidence  should  have  been  admitted,  it 
shall  not  reverse  the  decree  unless  it  be  clearly  of  opinion  that  ma- 
terial prejudice  will  result  from  an  affirmance,  in  which  event  it  shall 
direct  such  further  steps  as  justice  may  require. 

Rule  47.  Depositions — To  be  Taken  in  Exceptional  Instances.— 
The  court,  upon  application  of  either  party,  when  allowed  by  statute, 
or  for  good  and  exceptional  cause  for  departing  from  the  general  rule, 
to  be  shown  by  affidavit,  may  permit  the  deposition  of  named  wit- 
nesses, to  be  used  before  the  court  or  upon  a  reference  to  a  master, 
to  be  taken  before  an  examiner  or  other  named  officer,  upon  the  notice 
and  terms  specified  in  the  order.  All  depositions  taken  under  a  stat- 
ute, or  under  any  such  order  of  the  court,  shall  be  taken  and  filed 
as  follows,  unless  otherwise  ordered  by  the  court  or  Judge  for  good 
cause  shown:  Those  of  the  plaintiff  within  sixty  days  from  the  time 
the  cause  is  at  issue ;  those  of  the  defendant  within  thirty  days  from 
the  expiration  of  the  time  for  the  filing  of  plaintiff's  depositions;  and 
rebutting  depositions  by  either  party  within  twenty  days  after  the 
time  for  taking  original  depositions  expires. 


UNITED  STxVTES  SUPREME  COURT EQUITY  RULES.  1053 

Rule  48.  Testimony  of  Expert  Witnesses  in  Patent  and  Trade- 
mark Cases. — In  a  ease  involving  the  validity  or  scope  of  a  patent 
or  trademark,  the  District  Court  may,  upon  petition,  order  that  the 
testimony  in  chief  of  expert  witnesses,  whose  testimony  is  directed 
to  matters  of  opinion,  be  set  forth  in  affidavits  and  filed  as  follows: 
Those  of  the  plaintiff  within  forty  days  after  the  cause  is  at  issue; 
those  of  the  defendant  within  twenty  days  after  plaintiff's  time  has 
expired;  and  rebutting  affidavits  within  fifteen  days  after  the  expira- 
tion of  the  time  for  filing  original  affidavits.  Should  the  opposite 
party  desire  the  production  of  any  affiant  for  cross-examination,  th,e 
court  or  Judge  shall,  on  motion,  direct  that  said  cross-examination 
and  any  re-examination  take  place  before  the  court  upon  the  trial,  and 
unless  the  affiant  is  produced  and  submits  to  cross-examination  in  com- 
pliance with  su<jh  direction,  his  affidavit  shall  not  be  used  as  evidence 
in  the  cause. 

Rule  49.  Evidence  Taken  Before  Examiners,  etc. — All  evidence  of- 
fered before  an  examiner  or  like  officer,  together  with  any  objections, 
shall  be  saved  and  returned  into  the  court.  Depositions,  whether  upon 
oral  examination  before  an  examiner  or  like  officer  or  otherwise,  shall 
be  taken  upon  questions  and  answers  reduced  to  writing,  or  in  the 
form  of  narrative,  and  the  witness  shall  be  subject  to  cross  and  re-ex- 
amination. 

Rule  50.  Stenographer — Appointment — Fees. — When  deemed  neces- 
sary by  the  court  or  officer  taking  testimony,  a  stenographer  may  be 
appointed  who  shall  take  down  testimony  in  shorthand  and,  if  re- 
quired, transcribe  the  same.  His  fee  shall  be  fixed  by  the  court  and 
taxed  ultimately  as  costs.  The  expense  of  taking  a  deposition,  or  the 
cost  of  a  transcript,  shall  be  advanced  by  the  party  calling  the  witness 
or  ordering  the  transcript. 

Rule  51.  Evidence  Taken  Before  Examiners,  etc. — Objections  to 
the  evidence,  before  an  examiner  or  like  officer,  shall  be  in  short  form, 
stating  the  grounds  of  objection  relied  upon,  but  no  transcript  filed 
by  such  officer  shall  include  argument  or  debate.  The  testimony  of 
each  witness,  after  being  reduced  to  writing,  shall  be  read  over  to  or 
by  him,  and  shall  be  signed  by  him  in  the  presence  of  the  officer;  pro- 
vided, that  if  the  witness  shall  refuse  to  sign  his  deposition  so  taken, 
the  officer  shall  sign  the  same,  stating  upon  the  record  the  reasons, 
if  any,  assigned  by  the  witness  for  such  refusal.  Objection  to  any 
question  or  questions  shall  be  noted  by  the  officer  upon  the  deposition, 
but  he  shall  not  have  power  to  decide  on  the  competency  or  materiality 
or  relevancy  of  the  questions.  The  court  shall  have  power,  and  it 
shall  be  its  duty,  to  deal  with  the  costs  of  incompetent  and  immaterial 
or  irrelevant  depositions,  or  parts  of  them,  as  may  be  just. 

Rule  52.  Attendance  of  Witnesses  Before  Conimissioner,  Master  or 
Examiner. — Witnesses  who  live  within  the  district,  and  whose  testi- 
mony may  be  taken  out  of  court  by  these  rules,  may  be  summoned  to 
appear  before  a  commissioner  appointed  to  take  testimony,  or  before 


1054 

a  master  or  examiner  appointed  in  any  cause,  by  subpoena  in  the  usual 
form,  which  may  be  issued  by  the  Clerk  in  blank  and  filled  up  by  the 
party  praying  the  same,  or  by  the  commissioner,  master,  or  examiner, 
requiring  the  attendance  of  the  witnesses  at  the  time  and  place  speci- 
fied, who  shall  be  allowed  for  attendance  the  same  compensation  as 
for  attendance  in  court;  and  if  any  witness  shall  refuse  to  appear  or 
give  evidence  it  shall  be  deemed  a  contempt  of  the  court,  which  being 
certified  to  the  Clerk's  office  by  the  commissioner,  master,  or  examiner, 
an  attachment  may  issue  thereupon  by  order  of  the  court  or  of  any 
Judge  thereof,  in  the  same  manner  as  if  the  contempt  were  for  not 
attending,  or  for  refusing  to  give  testimony  in  the  court. 

In  case  of  refusal  of  witnesses  to  attend  or  be  sworn  or  to  answer 
any  question  put  by  the  commissioner,  master  or  examiner  or  by 
counsel  or  solicitor,  the  same  practice  shall  be  adopted  as  is  now  prac- 
ticed with  respect  to  witnesses  to  be  produced  on  examination  before 
an  examiner  of  said  court  on  written  interrogatories. 

Rule  53.  Notice  of  Taking  Testimony  Before  Examiner,  etc. — 
Notice  shall  be  given  by  the  respective  counsel  or  parties  to  the  oppo- 
site counsel  or  parties  of  the  time  and  place  of  examination  before 
an  examiner  or  like  officer  for  such  reasonable  time  as  the  court  or 
officer  may  fix  by  order  in  each  case. 

Rule  54.  Depositions  Under  Rev.  Stats.,  §§  863,  865,  866,  867— Cross- 
examination. — After  a  cause  is  at  issue,  depositions  may  be  taken  as 
provided  by  Sections  863,  865,  866  and  867,  Revised  Statutes.  But  if 
in  any  case  no  notice  has  been  given  the  opposite  party  of  the  time 
and  place  of  taking  the  deposition,  he  shall,  upon  application  and 
notice,  be  entitled  to  have  the  witness  examined  orally  before  the 
court,  or  to  a  cross-examination  before  an  examiner  or  like  officer,  or 
a  new  deposition  taken  with  notice,  as  the  court  or  Judge  under  all 
the  circumstances  shall  order. 

Rule  55.  Deposition  Deemed  Published  When  Filed. — Upon  the 
filing  of  any  deposition  or  affidavit  taken  under  these  rules  or  any 
statute,  it  shall  be  deemed  published,  unless  otherwise  ordered  by  the 
court. 

Rule  56.  On  Expiration  of  Time  for  Depositions,  Case  Goes  on 
Trial  Calendar. — After  the  time  has  elapsed  for  taking  and  filing 
depositions  under  these  rules,  the  case  shall  be  placed  on  the  trial 
calendar.  Thereafter  no  further  testimony  by  deposition  shall  be 
taken  except  for  some  strong  reason  shown  by  affidavit.  In  every 
such  application  the  reason  why  the  testimony  of  the  witness  cannot 
be  had  orally  on  the  trial,  and  why  his  deposition  has  not  been  before 
taken,  shall  be  set  forth,  together  with  the  testimony  which  it  is  ex- 
pected the  witness  will  give. 

Rule  57.  Continuances. — After  a  cause  shall  be  placed  on  the  trial 
calendar  it  may  be  passed  over  to  another  day  of  the  same  term,  by 
consent  of  counsel  or  order  of  the  court,  but  shall  not  be  continued 
beyond  the  term  save  in  exceptional  cases  by  order  of  the  court  upon 


UNITED  STATES  SUPREME  COURT — EQUITY  RULES.         1055 

good  cause  shown  by  affidavit  and  upon  such  terms  as  the  court  shall 
in  its  discretion  impose.  Continuances  beyond  the  term  by  consent 
of  the  parties  shall  be  allowed  on  condition  only  that  a  stipulation  be 
signed  by  counsel  for  all  the  parties  and  that  all  costs  incurred  there- 
tofore be  paid.  Thereupon  an  order  shall  be  entered  dropping  the 
case  from  the  trial  calendar,  subject  to  reinstatement  within  one  year 
upon  application  to  the  court  by  either  party,  in  which  event  it  shall 
be  heard  at  the  earliest  convenient  day.  If  not  so  reinstated  within 
the  year,  the  suit  shall  be  dismissed  without  prejudice  to  a  new  one. 

Rule  58.  Discovery — Interrogatories  —  Inspection  and  Production 
of  Documents — Admission  of  Execution  or  Genuineness. — The  plain- 
tiff at  any  time  after  filing  the  bill  and  not  later  than  twenty-one  days 
after  the  joinder  of  issue,  and  the  defendant  at  any  time  after  filing 
his  answer  and  not  later  than  twenty-one  days  after  the  joinder  of 
issue,  and  either  party  at  any  time  thereafter  by  leave  of  the  court 
or  Judge,  may  file  interrogatories  in  writing  for  the  discovery  by  the 
opposite  party  or  parties  of  facts  and  documents  material  to  the  sup- 
port or  defense  of  the  cause,  with  a  note  at  the  foot  thereof  stating 
which  of  the  interrogatories  each  of  the  parties  is  required  to  answer. 
But  no  party  shall  file  more  than  one  set  of  interrogatories  to  the 
same  party  without  leave  of  the  court  or  Judge. 

If  any  party  to  the  cause  is  a  public  or  private  corporation,  any 
opposite  party  may  apply  to  the  court  or  Judge  for  an  order  allowing 
him  to  file  interrogatories  to  be  answered  by  any  officer  of  the  cor- 
poration, and  an  order  may  be  made  accordingly  for  the  examination 
of  such  officer  as  may  appear  to  be  proper  upon  such  interrogatories 
as  the  court  or  Judge  shall  think  fit. 

Copies  shall  be  filed  for  the  use  of  the  interrogated  party  and  shall 
be  sent  by  the  Clerk  to  the  respective  solicitors  of  record,  or  to  the 
last  known  address  of  the  opposite  party  if  there  be  no  record  solicitor. 

Interrogatories  shall  be  answered,  and  the  answers  filed  in  the 
Clerk's  office,  within  fifteen  days  after  they  have  been  served,  unless 
the  time  be  enlarged  by  the  court  or  Judge.  Each  interrogatory  shall 
be  answered  separately  and  fully  and  the  answers  shall  be  in  writing, 
under  oath,  and  signed  by  the  party  or  corporate  officer  interrogated. 
Within  ten  days  after  the  service  of  interrogatories,  objections  to 
them,  or  any  of  them,  may  be  presented  to  the  court  or  Judge,  with 
proof  of  notice  of  the  purpose  so  to  do,  and  answers  shall  be  deferred 
until  the  objections  are  determined,  which  shall  be  at  as  early  a  time 
as  is  practicable.  In  so  far  as  the  objections  are  sustained,  answers 
shall  not  be  required. 

The  court  or  Judge,  upon  motion  and  reasonable  notice,  may  make 
all  such  orders  as  may  be  appropriate  to  enforce  answers  to  inter- 
rogatories or  to  effect  the  inspection  or  production  of  documents  in 
the  possession  of  either  party  and  containing  evidence  material  to  the 
cause  of  action  or  defense  of  his  adversary.  Any  party  failing  or 
refusing  to  comply  with  such  an  order  shall  be  liable  to  attachment, 


1056 

and  shall  also  be  liable,  if  a  plaintiff,  to  have  his  bill  dismissed,  and, 
if  a  defendant,  to  have  his  answer  stricken  out  and  be  placed  in  the 
same  situation  as  if  he  had  failed  to  answer. 

By  a  demand  served  ten  days  before  the  trial,  either  party  may 
call  on  the  other  to  admit  in  writing  the  execution  or  genuineness  of 
any  document,  letter  or  other  writing,  saving  all  just  exceptions;  and 
if  such  admission  be  not  made  within  five  days  after  such  service, 
the  costs  of  proving  the  document,  letter  or  writing  shall  be  paid  by 
the  party  refusing  or  neglecting  to  make  such  admission,  unless  at 
the  trial  the  court  shall  find  that  the  refusal  or  neglect  was  reason- 
able. 

Rule  59.  Reference  to  Master — Exceptional,  not  Usual. — Save  in 
matters  of  account,  a  reference  to  a  master  shall  be  the  exception, 
not  the  rule,  and  shall  be  made  only  upon  a  showing  that  some  ex- 
ceptional condition  requires  it.  When  such  a  reference  is  made,  the 
party  at  whose  instance  or  for  whose  benefit  it  is  made  shall  cause  the 
order  or  reference  to  be  presented  to  the  master  for  a  hearing  within 
twenty  days  succeeding  the  time  when  the  reference  was  made,  unless 
a  longer  time  be  specially  granted  by  the  court  or  Judge;  if  he  shall 
omit  to  do  so,  the  adverse  party  shall  be  at  liberty  forthwith  to  cause 
proceedings  to  be  had  before  the  master,  at  the  costs  of  the  party 
securing  the  reference. 

Rule  60.  Proceedings  Before  Master. — Upon  every  such  reference, 
it  shall  be  the  duty  of  the  master,  as  soon  as  he  reasonably  can  after 
the  same  is  brought  before  him,  to  assign  a  time  and  place  for  pro- 
ceedings in  the  same,  and  to  give  due  notice  thereof  to  each  of  the 
parties,  or  their  solicitors;  and  if  either  party  shall  fail  to  appear  at 
the  time  and  place  appointed,  the  master  shall  be  at  liberty  to  proceed 
ex  parte,  or,  in  his  discretion,  to  adjourn  the  examination  and  pro- 
ceedings to  a  future  day,  giving  notice  to  the  absent  party  or  his 
solicitor  of  such  adjournment ;  and  it  shall  be  the  duty  of  the  master 
to  proceed  with  all  reasonable  diligence  in  every  such  reference,  and 
with  the  least  practicable  delay,  and  either  party  shall  be  at  liberty 
to  apply  to  the  court,  or  a  Judge  thereof,  for  an  order  to  the  master 
to  speed  the  proceedings  and  to  make  his  report,  and  to  certify  to  the 
court  or  Judge  the  reason  for  any  delay. 

Rule  61.  Master's  Report — Documents  Identified  but  not  Set  Forth. 
In  the  reports  made  by  the  master  to  the  court,  no  part  of  any  state 
of  facts,  account,  charge,  affidavit,  deposition,  examination,  or  answer 
brought  in  or  used  before  him  shall  be  stated  or  recited.  But  such 
state  of  facts,  account,  charge,  affidavit,  deposition,  examination,  or 
answer  shall  be  identified,  and  referred  to,  so  as  to  inform  the  court 
what  state  of  facts,  account,  charge,  affidavit,  deposition,  examina- 
tion, or  answer  were  so  brought  in  or  used. 

Rule  62.  Powers  of  Master. — The  master  shall  regulate  all  the  pro- 
ceedings in  every  hearing  before  him,  upon  every  reference ;  and  he 
shall  have  full  authority  to  examine  the  parties  in  the  cause,  upon 


UNITED  STATES  SUPREME  COURT — ^EQUITY  RULES.  1057 

oath,  touching  all  matters  contained  in  the  reference;  and  also  to  re- 
quire the  production  of  all  books,  papers,  writings,  vouchers,  and  other 
documents  applicable  thereto;  and  also  to  examine  on  oath,  viva  voce, 
all  witnesses  produced  by  the  parties  before  him,  or  by  deposition, 
according  to  the  acts  of  Congress,  or  otherwise,  as  here  provided ;  and 
also  to  direct  the  mode  in  which  the  matters  requiring  evidence  shall 
be  proved  before  him ;  and  generally  to  do  all  other  acts  and  direct  all 
other  inquiries  and  proceedings  in  the  matters  before  him,  which  he 
may  deem  necessary  and  proper  to  the  justice  and  merits  thereof  and 
the  rights  of  the  parties. 

Rule  63.  Form  of  Accounts  Before  Master. — All  parties  account- 
ing before  a  master  shall  bring  in  their  respective  accounts  in  the  form 
of  debtor  and  creditor;  and  any  of  the  other  parties  who  shall  not  be 
satisfied  with  the  account  so  brought  in  shall  be  at  liberty  to  examine 
the  accounting  party  viva  voce,  or  upon  interrogatories,  as  the  master 
shall  direct. 

Rule  64.  Former  Depositions,  etc.,  may  be  Used  Before  Master.— 
All  affidavits,  depositions  and  documents  which  have  been  previously 
made,  read,  or  used  in  the  court  upon  any  proceeding  in  any  cause 
or  matter  may  be  used  before  the  master. 

Rule  65.  Claimants  Before  Master  Examinable  by  Him. — The  mas- 
ter shall  be  at  liberty  to  examine  any  creditor  or  other  person  coming 
in  to  claim  before  him,  either  upon  written  interrogatories  or  viva  voce, 
or  in  both  modes,  as  the  nature  of  the  case  may  appear  to  him  to  re- 
quire. The  evidence  upon  such  examinations  shall  be  taken  down 
by  the  master,  or  by  some  other  person  by  his  order  and  in  his 
presence,  if  either  party  requires  it,  in  order  that  the  same  may  be 
used  by  the  court  if  necessary. 

Rule  66.  Return  of  Master's  Report — Exceptions — Hearing. — The 
master,  as  soon  as  his  report  is  ready,  shall  return  the  same  into  the 
Clerk's  office  and  the  day  of  the  return  shall  be  entered  by  the  Clerk 
in  the  Equity  Docket.  The  parties  shall  have  twenty  days  from  the 
time  of  the  filing  of  the  report  to  file  exceptions  thereto,  and  if  no 
exceptions  are  within  that  period  filed  by  either  party,  the  report  shall 
stand  confirmed.  If  exceptions  are  filed,  they  shall  stand  for  hearing 
before  the  court,  if  then  in  session,  or,  if  not,  at  the  next  sitting  held 
thereafter,  by  adjournment  or  otherwise. 

Rule  67.  Costs  on  Exceptions  to  Master's  Report. — In  order  to  pre- 
vent exceptions  to  reports  from  being  filed  for  frivolous  causes,  or  for 
mere  delay,  the  party  whose  exceptions  are  overruled  shall,  for  every 
exception  overruled,  pay  five  dollars  costs  to  the  other  party,  and  for 
every  exception  allow^ed  shall  be  entitled  to  the  same  costs. 

Rule  68.    Appointment  and  Compensation  of    Masters. — The  Dis- 
trict Courts  may  appoint  standing  masters  in  chancery  in  their  re- 
spective districts  (a  majority  of  all  the  judges  thereof  concurring  in 
the  appointment),  and  they  may  also  appoint  a  master  pro  hac  vice 
67  - 


1058 

in  any  particular  case.  The  compensation  to  be  allowed  to  every 
master  shall  be  fixed  by  the  district  court,  in  its  discretion,  having 
regard  to  all  the  circumstances  thereof,  and  the  compensation  shall 
be  charged  upon  and  borne  by  such  of  the  parties  in  the  cause  as  the 
court  shall  direct.  The  master  shall  not  retain  his  report  as  security 
for  his  compensation;  but  when  the  compensation  is  allowed  by  the 
court,  he  shall  be  entitled  to  an  attachment  for  the  amount  against 
the  party  who  is  ordered  to  pay  the  same,  if,  upon  notice  thereof,  he 
does  not  pay  it  within  the  time  prescribed  by  the  court. 

Rule  69.  Petition  for  Rehearing. — Every  petition  for  a  rehearing 
shall  contain  the  special  matter  or  cause  on  which  such  rehearing  is  ap- 
plied for,  shall  be  signed  by  counsel,  and  the  facts  therein  stated,  if 
not  apparent  on  the  record,  shall  be  verified  by  the  oath  of  the  party 
or  by  some  other  person.  No  rehearing  shall  be  granted  after  the 
term  at  which  the  final  decree  of  the  court  shall  have  been  entered  and 
recorded,  if  an  appeal  lies  to  the  Circuit  Court  of  Appeals  or  the  Su- 
preme Court.  But  if  no  appeal  lies,  the  petition  may  be  admitted 
at  any  time  before  the  end  of  the  next  term  of  the  court,  in  the  discre- 
tion of  the  court. 

Rule  70.  Suits  by  or  Against  Incompetents. — Guardians  ad  litem 
to  defend  a  suit  may  be  appointed  by  the  court,  or  by  any  Judge 
thereof,  for  infants  or  other  persons  who  are  under  guardianship,  or 
otherwise  incapable  of  suing  for  themselves.  All  infants  and  other 
persons  so  incapable  may  sue  by  their  guardians,  if  any,  or  by  their 
prochein  ami;  subject,  however,  to  such  orders  as  the  court  or  Judge 
may  direct  for  the  protection  of  infants  and  other  persons. 

Rule  71.  Form  of  Decree. — In  drawing  up  decrees  and  orders, 
neither  the  bill,  nor  answer,  nor  other  pleadings,  nor  any  part  thereof, 
nor  the  report  of  any  master,  nor  any  other  prior  proceeding,  shall  be 
recited  or  stated  in  the  decree  or  order ;  but  the  decree  and  order  shall 
begin,  in  substance,  as  follows:  "This  cause  came  on  to  be  heard  (or 
to  be  further  heard,  as  the  case  may  be)  at  this  term,  and  was  argued 
by  counsel ;  and  thereupon,  upon  consideration  thereof,  it  was  ordered, 
adjudged  and  decreed  as  follows,  viz.:"  (Here  insert  the  decree  or 
order.) 

Rule  72.  Correction  of  Clerical  Mistakes  in  Orders  and  Decrees. — 
Clerical  mistakes  in  decrees  or  decretal  orders,  or  errors  arising  from 
any  accidental  slip  or  omission,  may,  at  any  time  before  the  close  of 
the  term  at  which  final  decree  is  rendered,  be  corrected  by  order  of 
the  court  or  a  Judge  thereof,  upon  petition,  without  the  form  or  ex- 
pense of  a  rehearing. 

Rule  73.  Preliminary  Injunctions  and  Temporary  Restraining  Or- 
^QTS. — No  preliminary  injunction  shall  be  granted  without  notice  to 
the  opposite  party.  Nor  shall  any  temporary  restraining  order  be 
granted  without  notice  to  the  opposite  party,  unless  it  shall  clearly 
appear  from  specific  facts,  shown  by  affidavit  or  by  the  verified  bill, 
that  immediate  and  irreparable  loss  or  damage  will  result  to  the  ap- 


UNITED  STATES  SUPREME  COURT — EQUITY  RULES.  1059 

plicant  before  the  matter  can  be  heard  on  notice.  In  case  a  tem- 
porary restraining  order  shall  be  granted  without  notice,  in  the  con- 
tingency specified,  the  matter  shall  be  made  returnable  at  the  earliest 
possible  time,  and  in  no  event  later  than  ten  days  from  the  date  of 
the  order,  and  shall  take  precedence  of  all  matters,  except  older  mat- 
ters of  the  same  character.  When  the  matter  comes  up  for  hearing 
the  party  who  obtained  the  temporary  restraining  order  shall  proceed 
with  his  application  for  a  preliminary  injunction,  and  if  he  does  not  do 
so  the  court  shall  dissolve  his  temporary  restraining  order.  Upon 
two  days'  notice  to  the  party  obtaining  such  temporary  restraining 
order,  the  opposite  party  may  appear  and  move  the  dissolution  or 
modification  of  the  order,  and  in  that  event  the  court  or  Judge  shall 
proceed  to  hear  and  determine  the  motion  as  expeditiously  as  the  ends 
of  justice  may  require.  Every  temporary  restraining  order  shall  be 
forthwith  filed  in  the  clerk's  office. 

Rule  74.  Injunction  Pending  Appeal. — When  an  appeal  from  a 
final  decree,  in  an  equity  suit,  granted  or  dissolving  an  injunction,  is 
allowed  by  a  justice  or  a  Judge  who  took  part  in  the  decision  of  the 
cause,  he  may,  in  his  discretion,  at  the  time  of  such  allowance,  make 
an  order  suspending,  modifying  or  restoring  the  injunction  during 
the  pendency  of  the  appeal,  upon  such  terms,  as  to  bond  or  otherwise, 
as  he  may  consider  proper  for  the  security  of  the  rights  of  the  oppo- 
site party. 

Rule  75.  Record  on  Appeal — Reduction  and  Preparation. — In  case 
of  appeal: 

(a)  It  shall  be  the  duty  of  the  appellant  or  his  solicitor  to  file  with 
the  Clerk  of  the  court  from  which  the  appeal  is  prosecuted,  together 
with  proof  or  acknowledgment  of  service  of  a  copy  on  the  appellee 
or  his  solicitor,  a  praecipe  which  shall  indicate  the  portions  of  the 
record  to  be  incorporated  into  the  transcript  on  such  appeal.  Should 
the  appellee  or  his  solicitor  desire  additional  portions  of  the  record 
incorporated  into  the  transcript,  he  shall  file  with  the  Clerk  of  the 
court  his  praecipe  also  within  ten  days  thereafter,  unless  the  time  shall 
be  enlarged  by  the  court  or  a  Judge  thereof,  indicating  such  addi- 
tional portions  of  the  record  desired  by  him. 

(&)  The  evidence  to  be  included  in  the  record  shall  not  be  set  forth 
in  full,  but  shall  be  stated  in  simple  and  condensed  form,  all  parts  not 
essential  to  the  decision  of  the  questions  presented  by  the  appeal 
being  omitted  and  the  testimony  of  witnesses  being  stated  only  in 
narrative  form,  save  that  if  either  party  desires  it,  and  the  court  or 
Judge  so  directs,  any  part  of  the  testimony  shall  be  reproduced  in 
the  exact  words  of  the  witness.  The  duty  of  so  condensing  and  stat- 
ing the  evidence  shall  rest  primarily  on  the  appellant,  who  shall  pre- 
pare his  statement  thereof  and  lodge  the  same  in  the  Clerk's  office 
for  the  examination  of  the  other  parties  at  or  before  the  time  of  filing 
his  praecipe  under  paragraph  a  of  this  rule.  He  shall  also  notify  the 
other  parties  or  their  solicitors  of  such  lodgment  and  shall  name  a  time 


1060  hillyer's  legal  manual. 

and  place  when  he  will  ask  the  court  or  Judge  to  approve  the  state- 
ment, the  time  so  named  to  be  at  least  ten  days  after  such  notice.  At 
the  expiration  of  the  time  named  or  such  further  time  as  the  court 
or  Judge  may  allow,  the  statement,  together  with  any  objections  made 
or  amendments  proposed  by  any  party,  shall  be  presented  to  the  court 
or  the  Judge,  and  if  the  statement  be  true,  complete  and  properly  pre- 
pared, it  shall  be  approved  by  the  court  ok  Judge,  and  if  it  be  not  true, 
complete  or  properly  prepared,  it  shall  be  made  so  under  the  direction 
of  the  court  or  Judge  and  shall  then  be  approved.  When  approved, 
it  shall  be  filed  in  the  Clerk's  office  and  become  a  part  of  the  record 
for  the  purposes  of  the  appeal. 

(c)  If  any  difference  arise  between  the  parties  concerning  direc- 
tions as  to  the  general  contents  of  the  record  to  be  prepared  on  the 
appeal,  such  difference  shall  be  submitted  to  the  court  or  Judge  in 
conformity  with  the  provisions  of  paragraph  h  of  this  rule  and  shall 
be  covered  by  the  directions  which  the  court  or  Judge  may  give  on 
the  subject. 

Rule  76.  Record  on  Appeal — Reduction  and  Preparation — Costs — 
Correction  of  Omissions. — In  preparing  the  transcript  on  an  appeal, 
especial  care  shall  be  taken  to  avoid  the  inclusion  of  more  than  one 
copy  of  the  same  paper  and  to  exclude  the  formal  and  immaterial  parts 
of  all  exhibits,  documents  and  other  papers  included  therein;  and  for 
any  infraction  of  this  or  any  kindred  rule  the  appellate  court  may 
withhold  or  impose  costs  as  the  circumstances  of  the  case  and  the  dis- 
couragement of  like  infractions  in  the  future  may  require.  Costs  for 
such  an  infraction  may  be  imposed  upon  offending  solicitors  as  well 
as  parties. 

If,  in  the  transcript,  anything  material  to  either  party  be  omitted 
by  accident  or  error,  the  appellate  court,  on  a  proper  suggestion  or 
its  own  motion,  may  direct  that  the  omission  be  corrected  by  a  sup- 
plemental transcript. 

Rule  77.  Record  on  Appeal — Agreed  Statement. — When  the  ques- 
tions presented  by  an  appeal  can  be  determined  by  the  appellate  court 
without  an  examination  of  all  the  pleadings  and  evidence,  the  parties, 
with  the  approval  of  the  District  Court  or  the  Judge  thereof,  may  pre- 
pare and  sign  a  statement  of  the  case  showing  how  the  questions  arose 
and  were  decided  in  the  District  Court  and  setting  forth  so  much  only 
of  the  facts  alleged  and  proved,  or  sought  to  be  proved,  as  is  essential 
to  a  decision  of  such  questions  by  the  appellate  court.  Such  state- 
ment, when  filed  in  the  office  of  the  Clerk  of  the  District  Court,  shall 
be  treated  as  superseding,  for  the  purposes  of  the  appeal,  all  parts  of 
the  record  other  than  the  decree  from  which  the  appeal  is  taken,  and, 
together  with  such  decree,  shall  be  copied  and  certified  to  the  appel- 
late court  as  the  record  on  appeal. 

Rule  78.  Affirmation  in  Lieu  of  Oath. — Whenever  under  these  rules 
an  oath  is  or  may  be  required  to  be  taken,  the  party  may,  if  con- 
scientiously scrupulous  of  taking  an  oath,  in  lieu  thereof  make  solemn 
affirmation  to  the  truth  of  the  facts  stated  by  him. 


UNITED  STATES  SUPREME  COURT — ADMIRALTY  RULES.  1061 

Rule  79.  Additional  Rules  by  District  Court. — With  the  concur- 
rence of  a  majority  of  the  Circuit  Judges  for  the  circuit,  the  District 
Courts  may  make  any  other  and  further  rules  and  regulations  for 
the  practice,  proceedings  and  process,  mesne  and  final,  in  their  re- 
spective districts,  not  inconsistent  with  the  rules  hereby  prescribed, 
and  from  time  to  time  alter  and  amend  the  same. 

Rule  80.  Computation  of  Time — Sundays  and  Holidays. — When  the 
time  prescribed  by  these  rules  for  doing  any  act  expires  on  a  Sunday 
or  legal  holiday,  such  time  shall  extend  to  and  include  the  next  suc- 
ceeding day  that  is  not  a  Sunday  or  legal  holiday. 

Rule  81.  These  Rules  Effective  February  1,  1913— Old  Rules  Abro- 
gated.— These  rules  shall  be  in  force  on  and  after  February  1,  1913, 
and  shall  govern  all  proceedings  in  cases  then  pending  or  thereafter 
brought,  save  that  where  in  any  then  pending  cause  an  order  has 
been  made  or  act  done  which  cannot  be  changed  without  doing  sub- 
stantial injustice,  the  court  may  give  effect  to  such  order  or  act  to 
the  extent  necessary  to  avoid  any  such  injustice. 

All  rules  theretofore  prescribed  by  the  Supreme  Court,  regulating 
the  practice  in  suits  in  equity,  shall  be  abrogated  when  these  rules 
take  effect. 


RULES  OF  ADMIRALTY  PRACTICE  ON  THE  IN- 
STANCE SIDE  OF  THE  COURT,  IN  PURSUANCE 
OF  THE  ACT  OF  THE  23d  OF  AUGUST,  1842, 
CHAPTER  188. 

Rule  1.  Issue  and  Service  of  Mesne  Process. — No  mesne  process 
shall  issue  from  the  district  courts  in  any  civil  cause  of  admiralty  and 
maritime  jurisdiction  until  the  libel,  or  libel  of  information,  shall  be 
filed  in  the  clerk's  office  from  which  such  process  is  to  issue.  All 
process  shall  be  served  by  the  marshal  or  by  his  deputy,  or,  where  he 
or  they  are  interested,  by  some  discreet  and  disinterested  person  ap- 
pointed by  the  court. 

Rule  2.  Issue  and  Service  of  Mesne  Process. — In  suits  in  personam, 
the  mesne  process  may  be  by  a  simple  warrant  of  arrest  of  the  person 
of  the  defendant,  in  the  nature  of  a  capias,  or  by  a  warrant  of  arrest 
of  the  person  of  the  defendant,  with  a  clause  therein,  that  if  he  cannot 
be  found,  to  attach  his  goods  and  chattels  to  the  amount  sued  for;  or 
if  such  property  cannot  be  found,  to  attach  his  credits  and  effects  to 
the  amount  sued  for  in  the  hands  of  the  garnishees  named  therein;  or 
by  a  simple  monition,  in  the  nature  of  a  summons  to  appear  and  answer 
to  the  suit,  as  the  libelant  shall,  in  his  libel  or  information,  pray  for  or 
elect. 

Rule  3.  Bail  Bond  or  Stipulation. — In  all  suits  in  personam,  where 
a  simple  warrant  of  arrest  issues  and  is  executed,  the  marshal  may  take 


1062 

bail,  with  suflficient  sureties,  from  the  party  arrested,  by  bond  or  stipu- 
lation, upon  condition  that  he  will  appear  in  the  suit  and  abide  by  all 
orders  of  the  court,  interlocutory  or  final,  in  the  cause,  and  pay  the 
money  awarded  by  the  final  decree  rendered  therein  in  the  court  to 
which  the  process  is  returnable,  or  in  any  appellate  court.  And  upon 
such  bond  or  stipulation  summary  process  of  execution  may  and  shall 
be  issued  aofainst  the  principal  and  sureties  by  the  court  to  which  such 
process  is  returnable,  to  enforce  the  final  decree  so  rendered,  or  upon 
appeal  by  the  Appellate  Court. 

Rule  4.  Dissolution  of  Attachment. — In  all  suits  in  personam,  where 
goods  and  chattels,  or  credits  and  effects,  are  attached  under  such  war- 
rant authorizing  the  same,  the  attachment  may  be  dissolved  by  order 
of  the  court  to  which  the  same  warrant  is  returnable,  upon  the  defend- 
ant whose  property  is  so  attached,  giving  a  bond  or  stipulation,  with 
sufficient  sureties,  to  abide  by  all  orders,  interlocutory  or  final,  of  the 
court,  and  pay  the  amount  awarded  by  the  final  decree  rendered  in  the 
court  to  which  the  process  is  returnable,  or  in  any  appellate  court; 
and  upon  such  bond  or  stipulation,  summary  process  of  execution  shall 
and  may  be  issued  against  the  principal  and  sureties  by  the  court  to 
which  such  warrant  is  returnable,  to  enforce  the  final  decree  so  ren- 
dered, or  upon  appeal  by  the  appellate  court. 

Rule  5.  Bail  Bond  and  Stipulation,  How  Given  and  Taken. — Bonds 
or  stipulations  in  admiralty  suits  may  be  given  and  taken  in  open  court, 
or  in  chambers,  or  before  any  commissioner  of  the  court  who  is  author- 
ized by  the  court  to  take  affidavits  of  bail  and  depositions  in  cases 
pending  before  the  court,  or  any  commissioner  of  the  United  States 
authorized  by  law  to  take  bail  and  affidavits  in  civil  cases. 

Rule  6.  Reduction  of  Bond  and  New  Sureties. — In  all  suits  in  per- 
so7iam,  where  bail  is  taken,  the  court  may,  upon  motion,  for  due  cause 
shown,  reduce  the  amount  of  the  sum  contained  in  the  bond  or  stipu- 
lation therefor;  and  in  all  cases  where  a  bond  or  stipulation  is  taken 
as  bail,  or  upon  dissolving  an  attachment  of  property  as  aforesaid,  if 
either  of  the  sureties  shall  become  insolvent  pending  the  suit,  new 
sureties  may  be  required  by  the  order  of  the  court,  to  be  given  upon 
motion,  and  due  proof  thereof. 

Rule  7.  No  Warrant  or  Arrest  for  More  Than  $500.— In  suits 
in  persoTiam,  no  warrant  of  arrest,  either  of  the  person  or  property  of 
the  defendant,  shall  issue  for  a  sum  exceeding  five  hundred  dollars,  unless 
by  the  special  order  of  the  court,  upon  affidavit  or  other  proper  proof 
showing  the  propriety  thereof. 

Rule  8.  Where  Property  in  Custody  of  Third  Person. — In  all  suits 
in  rem  against  a  ship,  her  tackle,  sails,  apparel,  furniture,  boats,  or  other 
appurtenances,  if  such  tackle,  sails,  apparel,  furniture,  boats,  or  other 
appurtenances  are  in  the  possession  or  custody  of  any  third  person,  the 
court  may,  after  a  due  monition  to  such  third  person,  and  a  hearing  of 
the  cause,  if  any,  why  the  same  should  not  be  delivered  over,  awarding 
decree  that  the  same  be  delivered  into  the  custody  of  the  marshal  or  other 


UNITED  STATES  SUPREME  COURT — ADMIRALTY  RULES.  1063 

proper  officer,  if,  upon  the  hearing,  the  same  is  required  by  law  and 
justice. 

Rule  9.  Seizure,  Custody  and  Disposition  of  Property. — In  all  cases 
of  seizure,  and  in  other  suits  and  proceedings  in  rem,  the  process,  unless 
otherwise  provided  for  by  statute,  shall  be  by  a  warrant  of  arrest  of  the 
ship,  goods,  or  other  thing  to  be  arrested;  and  the  marshal  shall  there- 
upon arrest  and  take  the  ship,  goods,  or  other  thing  into  his  possession 
for  safe  custody,  and  shall  cause  public  notice  thereof  and  of  the  time 
assigned  for  the  return  of  such  process  and  the  hearing  of  the  cause, 
to  be  given  in  such  newspaper  within  the  district  as  the  district  court 
shall  order ;  and  if  there  is  no  newspaper  published  therein,  then  in  such 
other  public  places  in  the  district  as  the  court  shall  direct. 

Rule  10.  Disposition  of  Perishable  Property. — In  all  cases  where 
any  goods  or  other  things  are  arrested,  if  the  same  are  perishable,  or  are 
liable  to  deterioration,  decay,  or  injury,  by  being  detained  in  custody 
pending  the  suit,  the  court  may,  upon  the  application  of  either  party,  in 
its  discretion,  order  the  same  or  so  much  thereof  to  be  sold  as  shall  be 
perishable  or  liable  to  depreciation,  decay,  or  injury;  and  the  proceeds 
or  so  much  thereof  as  shall  be  a  full  security  to  satisfy  in  decree,  to  be 
brought  into  court  to  abide  the  event  of  the  suit ;  or  the  court  may,  upon 
the  application  of  the  claimant,  order  a  delivery  thereof  to  him,  upon  a 
due  appraisement,  to  be  had  under  its  direction,  either  upon  the  claim- 
ant's depositing  in  court  so  much  money  as  the  court  shall  order,  or  upon 
his  giving  a  stipulation,  with  sureties,  in  such  sum  as  the  court  shall 
direct,  to  abide  by  and  pay  the  money  awarded  by  the  final  decree  ren- 
dered by  the  court,  or  the  appellate  court,  if  any  appeal  intervenes,  as 
the  one  or  the  other  course  shall  be  ordered  by  the  court. 

Rule  11.  Disposition  of  Arrested  Ship. — In  like  manner,  where  any 
ship  shall  be  arrested,  the  same  may,  upon  the  application  of  the  claim- 
ant, be  delivered  to  him  upon  a  due  appraisement,  to  be  had  under  the 
direction  of  the  court,  upon  the  claimant's  depositing  in  court  so  much 
money  as  the  court  shall  order,  or  upon  his  giving  a  stipulation,  with 
sureties,  as  aforesaid ;  and  if  the  claimant  shall  decline  any  such  applica- 
tion, then  the  court  may,  in  its  discretion,  upon  the  application  of  either 
party,  upon  due  course  shown,  order  a  sale  of  such  ship,  and  the  proceeds 
thereof  to  be  brought  into  court  or  otherwise  disposed  of,  as  it  may  deem 
most  for  the  benefit  of  all  concerned. 

Rule  12.  Proceedings  in  Rem  or  in  Personam — Suits  by  Material- 
men.— In  all  suits  by  materialmen  for  supplies  or  repairs,  or  other 
necessaries,  the  libelant  may  proceed  against  the  ship  and  freight  in  rem, 
or  against  the  master  or  owner  in  personam. 

Rule  13.  Same — Suits  for  Pilotage.— In  all  suits  for  pilotage  the 
libelant  may  proceed  against  the  ship,  freight  and  master,  or  against  the 
ship  and  freight,  or  against  the  owner  or  the  master  alone  in  personam. 
Rule  14.  Same— Suits  for  Pilotage.— In  all  suits  for  pilotage  the 
libelant  may  proceed  against  the  ship  and  master,  or  against  the  ship,  or 
against  the  owner  alone  or  the  master  alone  in  personam. 


1064 

Rule  15.  Same — Suits  for  Collision. — In  all  suits  for  damage  by 
collision,  the  libelant  may  proceed  against  the  ship  and  master,  or  against 
the  ship  alone,  or  against  the  master  or  the  owner  alone  in  personam. 

Rule  16.  Same — Suits  for  Assault. — In  all  suits  for  an  assault  or 
beating  on  the  high  seas,  or  elsewhere  within  the  admiralty  and  maritime 
jurisdiction,  the  suit  shall  be  in  personam  only. 

Rule  17.  Same — Suits  Founded  on  Hypothecation. — In  all  suits 
iagainst  the  ship  or  freight,  founded  upon  a  mere  maritime  hypotheca- 
tion, either  express  or  implied,  of  the  master,  for  moneys  taken  up  in  a 
foreign  port  for  supplies  or  repairs  or  other  necessaries  for  the  voyage, 
without  any  claim  of  marine  interest,  the  libelant  may  proceed  either 
in  rem  or  against  the  master  or  the  owner  alone  in  personam. 

Rule  18.  Same — Suits  on  Bottomry  Bonds. — In  all  suits  on  bottomry 
bonds,  properly  so  called,  the  suit  shall  be  in  rem  only  against  the  prop- 
erty hypothecated,  or  the  proceeds  of  the  property,  in  whosoever  hands 
the  same  may  be  found,  unless  the  master  has,  without  authority,  given 
the  bottomry  bond,  or  by  his  fraud  or  misconduct  has  avoided  the  same, 
or  has  subtracted  the  property,  or  unless  the  owner  has,  by  his  own  mis- 
conduct or  wrong,  lost  or  subtracted  the  property,  in  which  latter  cases 
the  suit  may  be  in  personam  against  the  wrongdoer. 

Rule  19.  Same — Suits  for  Salvage. — In  all  suits  for  salvage,  the 
suits  may  be  in  rem  against  the  property  saved,  or  the  proceeds  thereof, 
or  in  personam  against  the  party  at  whose  request  and  for  whose  benefit 
the  salvage  service  has  been  performed. 

Rule  20.  Process  in  Petitory  and  Possessory  Suits. — In  all  petitory 
and  possessory  suits  between  part  owner  or  adverse  proprietors,  or  by  the 
owners  of  a  ship  or  the  majority  thereof,  against  the  master  of  a  ship, 
for  the  ascertainment  of  the  title  and  delivery  of  the  possession,  or  for 
the  possession  only,  or  by  one  or  more  part  owners  against  the  others 
to  obtain  security  for  the  return  of  the  ship  from  any  voyage  undertaken 
without  their  consent,  or  by  one  or  more  part  owners  against  the  others 
to  obtain  possession  of  the  ship  for  any  voyage,  upon  giving  security  for 
the  safe  return  thereof,  the  process  shall  be  by  an  arrest  of  the  ship,  and 
by  a  monition  to  the  adverse  party  or  parties  to  appear  and  make  answer 
to  the  suit. 

Rule  21.  Execution. — In  all  cases  of  a  final  decree  for  the  payment 
of  money,  the  libelant  shall  have  a  writ  of  execution,  in  the  nature  of  a 
fieri  facias,  commanding  the  marshal  or  his  deputy  to  levy  and  collect 
the  amount  thereof  out  of  the  goods  and  chattels,  lands  and  tenements, 
or  other  real  estate,  of  the  defendant  or  stipulators. 

Rule  22.  Information  and  Libels. — All  informations  and  libels  of 
information  upon  seizures  for  any  breach  of  the  revenue,  or  navigation, 
or  other  laws  of  the  United  States,  shall  state  the  place  of  seizure,  whether 
it  be  on  land  or  on  the  high  seas,  or  on  navigable  waters  within  the 
admiralty  and  maritime  jurisdiction  of  the  United  States,  and  the  dis- 
trict within  which  the  property  is  brought  and  where  it  then  is.  The 
information  or  libel  of  information  shall  also  propound  in  distinct  articles 


UNITED  STATES  SUPREME  COURT — ADMIRALTY  RULES.  1065 

the  matters  relied  on  as  grounds  or  causes  of  forfeiture,  and  aver  the 
same  to  be  contrary  to  the  form  of  the  statute  or  statutes  of  the  United 
States  in  such  case  provided,  as  the  case  may  require,  and  shall  conclude 
with  a  prayer  of  due  process  to  enforce  the  forfeiture,  and  to  give  notice 
to  all  persons  concerned  in  interest  to  appear  and  show  cause  at  the 
return  day  of  the  process  why  the  forfeiture  should  not  be  decreed. 

Rule  23.  Same — Libels  in  Instance  Causes. — All  libels  in  instance 
causes,  civil  or  maritime,  shall  state  the  nature  of  the  cause ;  as,  for  ex- 
ample, that  it  is  a  cause,  civil  and  maritime,  of  contract,  or  of  tort  or 
damage,  or  of  salvage,  or  of  possession,  or  otherwise,  as  the  case  may 
be ;  and,  if  the  libel  be  in  rem,  that  the  property  is  within  the  district ; 
and  if  in  personam,  the  names  and  occupations  and  places  of  residence 
of  the  parties.  The  libel  shall  also  propound  and  articulate  in  distinct 
articles  the  various  allegations  of  fact  upon  which  the  libelant  relies  in 
support  of  his  suit,  so  that  the  defendant  may  be  enabled  to  answer  dis- 
tinctly and  separately  the  several  matters  contained  in  each  article ;  and 
it  shall  conclude  with  a  prayer  of  due  process  to  enforce  his  rights,  in  rem 
or  in  personam  (as  the  case  may  require),  and  for  such  relief  and  redress 
as  the  court  is  competent  to  give  in  the  premises.  And  the  libelant  may 
further  require  the  defendant  to  answer  on  oath  all  interrogatories  pro- 
pounded by  him  touching  all  and  singular  the  allegations  in  the  libel  at 
the  close  or  conclusion  thereof. 

Rule  24.  Same — Amendments. — In  all  informations  and  libels  in 
cases  of  admiralty  and  maritime  jurisdiction,  amendments  in  matters  of 
form  may  be  made  at  any  time,  on  motion  to  the  court,  as  of  course. 
And  new  counts  may  be  filed,  and  amendments  in  matters  of  substance 
may  be  made,  upon  motion,  at  any  time  before  the  final  decree,  upon  such 
terms  as  the  court  shall  impose.  And  where  any  defect  of  form  is  set 
down  by  the  defendant  upon  special  exceptions,  and  is  allowed,  the  court 
may,  in  granting  teave  to  amend,  impose  terms  upon  the  libelant. 

Rule  25.  Stipulations. — In  all  cases  of  libels  in  personam,  the  court 
may,  in  its  discretion,  upon  the  appearance  of  the  defendant,  where  no 
bail  has  been  taken,  and  no  attachment  of  property  has  been  made  to 
answer  the  exigency  of  the  suit,  require  the  defendant  to  give  a  stipu- 
lation, with  sureties,  in  such  sum  as  the  court  shall  direct,  to  pay  all 
costs  and  expenses  which  shall  be  awarded  against  him  in  the  suit  upon 
the  final  adjudication  thereof,  or  by  any  interlocutory  order  in  the 
progress  of  the  suit. 

Rule  26.  Claim — Verification  and  Stipulation. — In  suits  in  rem,  the 
party  claiming  the  property  shall  verify  his  claim  on  oath  or  solemn 
affirmation  stating  that  the  claimant  by  whom  or  on  whose  behalf  the 
claim  is  made  is  the  true  and  bona  fide  owner,  and  that  no  other  person 
is  the  owner  thereof.  And,  where  the  claim  is  put  in  by  an  agent  or 
consignee,  he  shall  also  make  oath  that  he  is  duly  authorized  thereto  by 
the  owner ;  or,  if  the  property  be,  at  the  time  of  the  arrest,  in  the  pos- 
session of  the  master  of  a  ship,  that  he  is  the  lawful  bailee  thereof  for 
the  owner.  And,  upon  putting  in  such  claim,  the  claimant  shall  file  a 
stipulation,  with  sureties,  in  such  sum  as  the  court  shall  direct,  for  the 


1066  hillyer's  legal  manual. 

payment  of  all  costs  and  expenses  which  shall  be  awarded  against  him 
by  the  final  decree  of  the  court,  or,  upon  an  appeal,  by  the  appellate 
court. 

Rule  27.  Answer  to  Libel. — In  all  libels  in  causes  of  civil  and  mari- 
time jurisdiction,  whether  in  rem  or  in  personam,  the  answer  of  the 
defendant  to  the  allegations  in  the  libel  shall  be  on  oath  or  solemn 
affirmation;  and  the  answer  shall  be  full  and  explicit  and  distinct  to 
each  separate  article  and  separate  allegation  in  the  libel,  in  the  same 
order  as  numbered  in  the  libel,  and  shall  also  answer  in  like  manner 
each  interrogatory  propounded  at  the  close  of  the  libel.  [See  rules  48 
and  49.] 

Rule  28.  Exceptions  to  Answer. — The  libelant  may  except  to  the 
sufficiency,  or  fullness,  or  distinctness  or  relevancy  of  the  answer  to  the 
articles  and  interrogatories  in  the  libel ;  and,  if  the  court  shall  adjudge 
the  same  exceptions,  or  any  of  them,  to  be  good  and  valid,  the  court  shall 
order  the  defendant  forthwith,  within  such  time  as  the  court  shall  direct, 
to  answer  the  same,  and  may  further  order  the  defendant  to  pay  such 
costs  as  the  court  shall  adjudge  reasonable. 

Rule  29.  Decree  Pro  Confesso.— If  the  defendant  shall  omit  or 
refuse  to  make  due  answer  to  the  libel  upon  the  return  day  of  the  process, 
or  other  day  assigned  by  the  court,  the  court  shall  pronounce  him  to  be 
in  contumacy  and  default;  and  thereupon  the  libel  shall  be  adjudged 
to  be  taken  pro  confesso  against  him,  and  as  to  law  and  justice  shall 
appertain.  But  the  court  may,  in  its  discretion,  set  aside  the  default, 
and,  upon  the  application  of  the  defendant,  admit  him  to  make  answer 
to  the  libel,  at  any  time  before  the  final  hearing  and  decree,  upon  his 
payment  of  all  the  costs  of  the  suit  up  to  the  time  of  granting  leave 
therefor. 

Rule  30.  Failure  to  Answer  Certain  Matters. — In  all  cases  where 
the  defendant  answers,  but  does  not  answer  fully  and  explicitly  and  dis- 
tinctly to  all  the  matters  in  any  article  of  the  libel,  and  exception  is  taken 
thereto  by  the  libelant,  and  the  exception  is  allowed,  the  court  may,  by 
attachment,  compel  the  defendant  to  make  further  answer  thereto,  or 
may  direct  the  matter  of  the  exception  to  be  taken  pro  confesso  against 
the  defendants,  to  the  full  purport  and  effect  of  the  article  to  which  it 
purports  to  answer,  and  as  if  no  answer  had  been  put  in  thereto. 

Rule  31.  Same — Objection  by  Answer. — The  defendant  may  object, 
by  his  answer,  to  answer  an}^  allegation  or  interrogatory  contained  in  the 
libel  w^hich  will  expose  him  to  any  prosecution  or  punishment  for  crime, 
or  for  any  penalty  or  any  forfeiture  of  his  property  for  any  penal  offense. 

Rule  32.  Defendant's  Interrogatories. — The  defendant  shall  have  a 
right  to  require  the  personal  answer  of  the  libelant  upon  oath  or  solemn 
affirmation  to  any  interrogatories  which  he  may,  at  the  close  of  his 
answer,  propound  to  the  libelant  touching  any  matters  charged  in  the 
libel,  or  touching  any  matter  of  defense  set  up  in  the  answer,  subject  to 
the  like  exception  as  to  matters  which  shall  expose  the  libelant  to  any 
prosecution,  or  punishment,  or  forfeiture,  as  is  provided  in  the  thirty- 


UNITED  STATES  SUPREME  COURT — ADMIRALTY  RULES.  1067 

first  rule.  In  default  of  due  answer  by  the  libelant  to  such  interroga- 
tories the  court  may  adjudge  the  libelant  to  be  in  default  and  dismiss 
the  libel,  or  may  compel  his  answer  in  the  premises,  by  attachment,  or 
take  the  subject  matter  of  the  interrogatory  pro  confesso  in  favor  of  the 
defendant,  as  the  court,  in  its  discretion,  shall  deem  most  fit  to  promote 
public  justice. 

Rule  33.  In  Case  of  Absence  or  Sickness. — Where  either  the  libelant 
or  the  defendant  is  out  of  the  country,  or  unable,  from  sickness  or  other 
casualty,  to  make  an  answer  to  any  interrogatory  on  oath  or  solemn 
affirmation  at  the  proper  time,  the  court  may,  in  its  discretion,  in  fur- 
therance of  a  due  administration  of  justice,  dispense  therewith,  or  may 
award  a  commission  to  take  the  answer  of  the  defendant  when  and  as 
soon  as  it  may  be  practicable. 

Rule  34.  Interveners. — If  any  third  person  shall  intervene  in  any 
cause  of  admiralty  and  maritime  jurisdiction  in  rem  for  his  own  interest, 
and  he  is  entitled,  according  to  the  cause  of  admiralty  proceedings,  to 
be  heard  for  his  own  interest  therein,  he  shall  propound  the  matter  in 
suitable  allegations,  to  which,  if  admitted  by  the  court,  the  other  party 
or  parties  in  the  suit  may  be  required,  by  order  of  the  court,  to  make 
due  answer;  and  such  further  proceedings  shall  be  had  and  decree  ren- 
dered by  the  court  therein  as  to  law  and  justice  shall  appertain.  But 
every  such  intervener  shall  be  required  upon  filing  his  allegations,  to 
give  a  stipulation,  with  sureties,  to  abide  by  the  final  decree  rendered 
in  the  cause,  and  to  pay  all  such  costs  and  expenses  and  damages  as  shall 
be  awarded  by  the  court  upon  the  final  decree,  whether  it  is  rendered 
in  the  original  or  appellate  court. 

Rule  35.  Stipulations,  How  Given  and  Taken. — The  stipulations  re- 
quired by  the  last  preceding  rule,  or  on  appeal,  or  in  any  other  admiralty 
or  maritime  proceeding,  shall  be  given  and  taken  in  the  manner  pre- 
scribed by  rule  fifth  as  amended. 

Rule  36.  Exceptions. — Exceptions  may  be  taken  to  any  libel,  alle- 
gation, or  answer  for  surplusage,  irrelevancy,  impertinence,  or  scandal ; 
and  if,  upon  reference  to  a  master,  the  exception  shall  be  reported  to  be 
so  objectionable,  and  allowed  by  the  court,  the  matter  shall  be  expunged, 
at  the  cost  and  expense  of  the  party  in  whose  libel  or  answer  the  same  is 
found. 

Rule  37.  Answer  by  Garnishees. — In  cases  of  foreign  attachment, 
the  garnishee  shall  be  required  to  answer  on  oath  or  solemn  affirmation 
as  to  the  debts,  credits,  or  effects  of  the  defendant  in  his  hands,  and  to 
such  interrogatories  touching  the  same  as  may  be  propounded  by  the 
libelant ;  and  if  he  shall  refuse  or  neglect  so  to  do,  the  court  may  award 
compulsory  process  in  personam  against  him.  If  he  admits  any  debts, 
credits,  or  effects,  the  same  shall  be  held  in  his  hands,  liable  to  answer 
the  exigency  of  the  suit. 

Rule  38.  Deposit  in  Court. — In  cases  of  mariners'  wages,  or  bot- 
tomry, or  salvage,  or  other  proceeding  in  rem,  where  freight  or  other 
proceeds  of  property  are  attached  to  or  are  bound  by  the  suit,  which  are 


1068  HILLYER^S   LEGAL    MANUAL. 

in  the  hands  or  possession  of  any  person,  the  court  may,  upon  due  appli- 
cation, by  petition  of  the  party  interested,  require  the  party  charged 
^nth  the  possession  thereof  to  appear  and  show  cause  why  the  same  should 
not  be  brought  into  court  to  answer  the  exigency  of  the  suit ;  and  if  no 
sufficient  cause  be  shown,  the  court  may  order  the  same  to  be  brought 
into  court  to  answer  the  exigency  of  the  suit,  and  upon  failure  of  the 
party  to  comply  with  the  order,  may  award  an  attachment,  or  other  com- 
pulsive process,  to  compel  obedience  thereto. 

Rule  39.  Dismissal. — If,  in  any  admiralty  suit,  the  libelant  shall 
not  appear  and  prosecute  his  suit,  according  to  the  course  and  orders  of 
the  court,  he  shall  be  deemed  in  default  and  contumacy ;  and  the  court 
may,  upon  the  application  of  the  defendant,  pronounce  the  suit  to  be 
deserted,  and  the  same  may  be  dismissed  with  costs. 

Rule  40.  Rehearing. — The  court  may,  in  its  discretion,  upon  the 
motion  of  the  defendant  and  the  payment  of  costs,  rescind  the  decree  in 
any  suit  in  which,  on  account  of  his  contumacy  and  default,  the  matter 
of  the  libel  shall  have  been  decreed  against  him,  and  grant  a  rehearing 
thereof  at  any  time  within  ten  days  after  the  decree  has  been  entered, 
the  defendant  submitting  to  such  further  orders  and  terms  in  the  prem- 
ises as  the  court  may  direct. 

Rule  41.  Sales. — All  sales  of  property  under  any  decree  of  admir- 
alty shall  be  made  by  the  marshal  or  his  deputy,  or  other  proper  officer 
assigned  by  the  court,  where  the  marshal  is  a  party  in  interest,  in  pur- 
suance of  the  orders  of  the  court ;  and  the  proceeds  thereof,  when  sold, 
shall  be  forthwith  paid  into  the  registry  of  the  court  by  the  officer  making 
the  sale,  to  be  disposed  of  by  the  court  according  to  law. 

Rule  42.  Moneys  Paid  into  Court. — All  moneys  paid  into  the  regis- 
try of  the  court  shall  be  deposited  in  some  bank  designated  by  the  court, 
and  shall  be  so  deposited  in  the  name  of  the  court,  and  shall  not  be  drawn 
out,  except  by  a  check  or  checks  signed  by  a  judge  of  the  court  and  coun- 
tersigned by  the  clerk,  stating  on  whose  account  and  for  whose  use  it  is 
drawn,  and  in  what  suit  and  out  of  what  fund  in  particular  it  is  paid. 
The  clerk  shall  keep  a  regular  book,  containing  a  memorandum  and  copy 
of  all  the  checks  so  drawn  and  the  date  thereof. 

Rule  43.  Same — Intervention  for  Delivery. — Any  person  having  an 
interest  in  any  proceeds  in  the  registry  of  the  court  shall  have  a  right, 
by  petition  and  summary  proceeding,  to  intervene  pro  interesse  suo  for 
delivery  thereof  to  him ;  and  upon  due  notice  to  the  adverse  parties,  if 
any,  the  court  shall  and  may  proceed  summarily  to  hear  and  decide 
tfiereon,  and  to  decree  therein  according  to  law  and  justice.  And  if  such 
petition  or  claim  shall  be  deserted,  or,  upon  a  hearing,  be  dismissed,  the 
court  may,  in  its  discretion,  award  costs  against  the  petitioner  in  favor 
of  the  adverse  party. 

Rule  44.  Reference  to  Commissioners. — In  cases  where  the  court 
shall  deem  it  expedient  or  necessary  for  the  purposes  of  justice,  the  court 
may  refer  any  matters  arising  in  the  progress  of  the  suit  to  one  or  more 
commissioners,  to  be  appointed  by  the  court,  to  hear  the  parties  and  make 


UNITED  STATES  SUPREME  COURT ADMIRALTY  RULES.  1069 

report  therein.  And  such  commissioner  or  commissioners  shall  have  and 
possess  all  the  powers  in  the  premises  which  are  usually  given  to  or  exer- 
cised by  masters  in  chancery  in  reference  to  them,  including  the  power 
to  administer  oaths  to  and  to  examine  the  parties  and  witnesses  touching 
the  premises. 

Rule  45.  Appeals  to  Circuit  Court. — All  appeals  from  the  District 
to  the  Circuit  Court  [of  Appeals]  must  be  made  while  the  court  is 
sitting,  or  within  such  other  period  as  shall  be  designated  by  the  District 
Court  by  its  general  rules,  or  by  an  order  specially  made  in  the  particular 
suit ;  or  in  case  no  such  rule  or  order  be  made,  then  within  thirty  days 
from  the  rendering  of  the  decree. 

Rule  46.  Additional  Rules. — In  all  cases  not  provided  for  by  the 
foregoing  rules,  the  District  and  Circuit  Courts  [of  Appeals]  are  to 
regulate  the  practice  of  the  said  courts  respectively,  in  such  manner 
as  they  shall  deem  most  expedient  for  the  due  administration  of  justice 
in  suits  in  admiralty. 

Rule  47.  Bail  and  Imprisonment  for  Debt. — In  all  suits  in  per- 
sonam, where  a  simple  warrant  of  arrest  issues  and  is  executed,  bail 
shall  be  taken  by  the  marshal  and  the  court  in  those  cases  only  in  which 
it  is  required  by  the  laws  of  the  State  where  an  arrest  is  made  upon 
similar  or  analogous  process  issuing  from  the  State  court. 

And  imprisonment  for  debt,  on  process  issuing  out  of  the  admiralty, 
is  abolished,  in  all  cases  where,  by  the  laws  of  the  State  in  which  the 
court  is  held,  imprisonment  for  debt  has  been,  or  shall  be  hereafter  abol- 
ished, upon  similar  or  analogous  process  issuing  from  a  State  court. 

Rule  48.  Restriction  on  Rule  27. — The  twenty-seventh  rule  shall  not 
apply  to  cases  where  the  sum  or  value  in  dispute  does  not  exceed  fifty 
dollars,  exclusive  of  costs,  unless  the  District  Court  shall  be  of  opinion 
that  the  proceedings  prescribed  by  that  rule  are  necessary  for  the  pur- 
poses of  justice  in  the  case  before  the  court. 

All  rules  and  parts  of  rules  heretofore  adopted,  inconsistent  with  this 
order,  are  hereby  repealed  and  annulled. 

Rule  49.  Execution  on  Appeal. — Further  proof,  taken  in  a  Circuit 
Court  upon  an  admiralty  appeal,  shall  be  by  deposition,  taken  before 
some  commissioner  appointed  by  a  Circuit  Court,  pursuant  to  the  acts 
of  Congress  in  that  behalf,  or  before  some  officer  authorized  to  take 
depositions  by  the  thirtieth  section  of  the  act  of  Congress  of  the  24rth  of 
September,  1789,  upon  an  oral  examination  and  cross-examination,  unless 
the  court  in  which  such  appeal  shall  be  pending,  or  one  of  the  judges 
thereof,  shall,  upon  motion,  allow  a  commission  to  issue  to  take  such 
depositions  upon  written  interrogatories  and  cross-interrogatories. 
"When  such  deposition  shall  be  taken  by  oral  examination,  a  notification 
from  the  magistrate  before  whom  it  is  to  be  taken,  or  from  the  clerk 
of  the  court  in  which  such  appeal  shall  be  pending,  to  the  adverse  party, 
to  he  present  at  the  taking  of  the  same,  and  to  put  interrogatories,  if 
he  think  fit,  shall  be  served  on  the  adverse  party  or  his  attorney,  allow- 
ing time  for  their  attendance  after  being  notified  not  less  than  twenty- 


1070  hillyer's  legal  manual. 

four  hours,  and,  in  addition  thereto,  one  day,  Sundays  exclusive,  for 
every  twenty  miles '  travel ;  provided  that  the  court  in  which  such  appeal 
may  be  pending,  or  either  of  the  judges  thereof,  may,  upon  motion, 
increase  or  diminish  the  length  of  notice  above  required. 

Rule  50.  Same — Oral  Evidence. — When  oral  evidence  shall  be  taken 
down  by  the  clerk  of  the  District  Court,  pursuant  to  the  above-mentioned 
section  of  the  act  of  Congress,  and  shall  be  transmitted  to  the  Circuit 
Court,  the  same  may  be  used  in  evidence  on  the  appeal,  saving  to  each 
party  the  right  to  take  the  depositions  of  the  same  witnesses,  or  either 
of  them,  if  he  should  so  elect. 

Rule  51.  Replication. — When  the  defendant,  in  his  answer,  alleges 
n€w  facts,  these  shall  be  considered  as  denied  by  the  libelant,  and  no 
replication,  general  or  special,  shall  be  filed,  unless  allowed  or  directed 
by  the  court  on  proper  cause  shown.  But  within  such  time  after  the 
answer  is  filed  as  shall  be  fixed  by  the  District  Court,  either  by  general 
rule  or  by  special  order,  the  libelant  may  amend  his  libel  so  as  to  con- 
fess and  avoid,  or  explain  or  add  to,  the  new  matters  set  forth  in  the 
answer;  and  within  such  time  as  may  be  fixed,  in  like  manner,  the  de- 
fendant shall  answer  such  amendments. 

Rule  52.  Record  on  Appeal. — The  clerks  of  the  District  Courts  shall 
make  up  the  records  to  be  transmitted  to  the  Circuit  Courts  on  appeals, 
so  that  the  same  shall  contain  the  following : 

1.  The  style  of  the  court. 

2.  The  names  of  the  parties,  setting  forth  the  original  parties,  and 
those  who  have  become  parties  before  the  appeal,  if  any  change  has  taken 
place. 

3.  If  bail  was  taken,  or  property  was  attached  or  arrested,  the  process 
of  the  arrest  or  attachment  and  the  service  thereof;  all  bail  and  stipu- 
lations ;  and,  if  any  sale  has  been  made,  the  orders,  warrants,  and  reports 
relating  thereto. 

4.  The  libel,  with  exhibits  annexed  thereto. 

5.  The  pleadings  of  the  defendant,  with  the  exhibits  annexed  thereto. 

6.  The  testimony  on  the  part  of  the  libelant,  and  any  exhibits  not 
annexed  to  the  libel. 

7.  The  testimony  on  the  part  of  the  defendant,  and  any  exhibits  not 
annexed  to  his  pleadings. 

8.  Any  order  of  the  court  to  which  exception  was  made. 

9.  Any  report  of  an  assessor  or  assessors,  if  excepted  to,  with  the 
orders  of  the  court  respecting  the  same,  and  the  exceptions  to  the  report. 
If  the  report  was  not  excepted  to,  only  the  fact  that  a  reference  was 
made,  and  so  much  of  the  report  as  shows  what  results  were  arrived  at 
by  the  assessor,  are  to  be  stated. 

10.  The  final  decree. 

11.  The  prayer  for  an  appeal,  and  the  action  of  the  District  Court 
thereon ;  and  no  reasons  of  appeal  shall  be  filed  or  inserted  in  the  tran- 
script. 

The  following  shall  be  omitted: 
1.  The  continuances. 


UNITED  STATES  SUPREME  COURT ADMIRALTY  RULES.  1071 

2.  All  motions,  rules,  and  orders  not  excepted  to  which  are  merely 
preparatory  for  trial. 

3.  The  commissions  to  take  depositions,  notices  therefor,  their  captions, 
and  certificates  of  their  being  sworn  to,  unless  some  exception  to  a  dep- 
osition in  the  District  Court  was  founded  on  some  one  or  more  of  these ; 
in  which  case,  so  much  of  either  of  them  as  may  be  involved  in  the 
exception  shall  be  set  out.  In  all  other  cases  it  shall  be  sufficient  to 
give  the  name  of  the  witness  and  to  copy  the  interrogatories  and  answers, 
and  to  state  the  name  of  the  commissioner,  and  the  place  where  and  the 
date  when  the  deposition  was  sworn  to ;  and,  in  copying  all  depositions 
taken  on  interrogatories,  the  answer  shall  be  inserted  immediately  follow- 
ing the  question. 

2.  The  clerk  of  the  District  Court  shall  page  the  copy  of  the  record 
thus  made  up,  and  shall  make  an  index  thereto,  and  he  shall  certify  the 
entire  document,  at  the  end  thereof,  under  the  seal  of  the  court,  to  be 
a  transcript  of  the  record  of  the  District  Court  in  the  cause  named  at 
the  beginning  of  the  copy  made  up  pursuant  to  this  rule ;  and  no  other 
certificate  of  the  record  shall  be  needful  or  inserted. 

3.  Hereafter,  in  making  up  the  record  to  be  transmitted  to  the  circuit 
clerk  on  appeal,  the  clerk  of  the  District  Court  shall  omit  therefrom 
any  of  the  pleading,  testimony,  or  exhibits  which  the  parties  by  their 
proctors  shall  by  written  stipulation  agree  may  be  omitted;  and  such 
stipulation  shall  be  certified  up  with  the  record. 

Rule  53.  Cross-libel. — Whenever  a  cross-libel  is  filed  upon  any  coun- 
terclaim, arising  out  of  the  same  cause  of  action  for  which  the  original 
libel  was  filed,  the  respondents  in  the  cross-libel  shall  give  security  in 
the  usual  amount  and  form,  to  respond  in  damages,  as  claimed  in  said 
cross-libel,  unless  the  court,  on  cause  shown,  shall  otherwise  direct;  and 
all  proceedings  upon  the  original  libel  shall  be  stayed  until  such  security 
shall  be  given. 

Rule  54.  Limitation  of  Liability. — When  any  ship  or  vessel  shall 
be  libeled,  or  the  owner  or  owners  thereof  shall  be  sued,  for  any  embez- 
zlement, loss,  or  destruction  by  the  master,  officers,  mariners,  passengers, 
or  any  other  person  or  persons,  of  any  property,  goods,  or  merchandise 
shipped  or  put  on  board  of  such  ship  or  vessel,  or  for  any  loss,  damage, 
or  injury  by  collision,  or  for  any  act,  matter,  or  thing,  loss,  damage  or 
forfeiture  done,  occasioned,  or  incurred,  without  the  privity  or  knowl- 
edge of  such  owner  or  owners,  and  he  or  they  shall  desire  to  claim  the 
benefit  of  limitation  of  liability  provided  for  in  the  third  and  fourth 
sections  of  the  act  of  March  3,  1851,  entitled  *'An  act  to  limit  the  lia- 
bility of  ship  owners  and  for  other  purposes,"  now  embodied  in  sections 
4283  to  4285  of  the  Revised  Statutes,  the  said  owner  or  owners  shall  and 
may  file  a  libel  or  petition  in  the  proper  District  Court  of  the  United 
States,  as  hereinafter  specified,  setting  forth  the  facts  and  circumstances 
on  which  such  limitation  of  liability  is  claimed,  and  praying  proper 
relief  in  that  behalf;  and  thereupon  said  court,  having  caused  due 
appraisement  to  be  had  of  the  amount  or  value  of  the  interest  of  said 
owner  or  owners,  respectively,  in  such  ship  or  vessel,  and  her  freight. 


1072 

for  the  voyage,  shall  make  an  order  for  the  payment  af  the  same  into 
court,  or  for  the  giving  of  a  stipulation,  with  sureties,  for  payment 
thereof  into  court  whenever  the  same  shall  be  ordered;  or,  if  the  said 
owner  or  owners  shall  so  elect,  the  said  court  shall,  without  such 
appraisement,  make  an  order  for  the  transfer  by  him  or  them  of  his 
or  their  interest  in  such  vessel  and  freight,  to  a  trustee  to  be  appointed 
by  the  court  under  the  fourth  section  of  said  act ;  and,  upon  compliance 
with  such  order,  the  said  court  shall  issue  a  monition  against  all  per- 
sons claiming  damages  for  any  such  embezzlement,  loss,  destruction, 
damage,  or  injury,  citing  them  to  appear  before  the  said  court  and 
make  due  proof  of  their  respective  claims  at  or  before  a  certain  time 
to  be  named  in  said  writ ;  not  less  than  three  months  from  the  issuing 
of  the  same;  and  public  notice  of  such  monition  shall  be  given  as  in 
other  cases,  and  such  further  notice  served  through  the  postoffice,  or 
otherwise,  as  the  court,  in  its  discretion  may  direct;  and  the  said  court 
shall  also,  on  the  application  of  the  said  owner  or  owners  make  an 
order  to  restrain  the  further  prosecution  of  all  and  any  suit  or  suits 
against  said  owner  or  owners  in  respect  of  any  such  claim  or  claims. 

Rule  55.  Same— Proof  of  Claims.— Proof  of  all  claims  which  shall 
be  presented  in  pursuance  of  said  monition  shall  be  made  before  a  com- 
missioner, to  be  designated  by  the  court,  subject  to  the  right  of  any  person 
interested  to  question  or  controvert  the  same ;  and  upon  the  completion 
of  said  proofs,  the  commissioner  shall  make  report  of  the  claims  so 
proven,  and  upon  confirmation  of  said  report,  after  hearing  any  excep- 
tions thereto,  the  moneys  paid  or  secured  to  be  paid  into  court  as  afore- 
said, or  the  proceeds  of  said  ship  or  vessel  and  freight  (after  payment 
of  costs  and  expense),  shall  be  divided  pro  rata  amongst  the  several 
claimants  in  proportion  to  the  amount  of  their  respective  claims,  duly 
proved  and  confirmed  as  aforesaid,  saving,  however,  to  all  parties  any 
priority  to  which  they  may  be  legally  entitled. 

Rule  56.  Same — Contest  of  Claim. — In  the  proceedings  aforesaid, 
the  said  owner  or  owners  shall  be  at  liberty  to  contest  his  or  their 
liability,  or  the  liability  of  said  ship  or  vessel  for  said  embezzlement,  loss, 
destruction,  damage,  or  injury  (independently  of  the  limitation  of  lia- 
bility claimed  under  said  act),  provided  that,  in  his  or  their  libel  or 
petition,  he  or  they  shall  state  the  facts  and  circumstances  by  reason 
of  which  exemption  from  liability  is  claimed ;  and  any  person  or  persons 
claiming  damages  as  aforesaid,  and  who  shall  have  presented  his  or 
their  claim  to  the  commissioner  under  oath,  shall  and  may  answer  such 
libel  or  petition,  and  contest  the  right  of  the  owner  or  owners  of  said 
ship  or  ve^el,  either  to  an  exemption  from  liability,  or  to  a  limitation 
of  liability  under  the  said  act  of  Congress,  or  both. 

Rule  57.  Same — Place  of  Jurisdiction.— The  said  libel  or  petition 
shall  be  filed  and  the  said  proceedings  had  in  any  District  Court  of  the 
United  States  in  which  said  ship  or  vessel  may  be  libeled  to  answer  for 
any  such  embezzlement,  loss,  destruction,  damage  or  injury;  or  if  the 
said  ship  or  vessel  be  not  libeled,  then  in  the  District  Court  for  any 
district  in  which  the  said  owner  or  owners  may  be  sued  in  that  behalf. 


UNITED  STATES  SUPREME  COURT ADMIRALTY  RULES.  ,    1073 

When  the  said  ship  or  vessel  has  not  been  libeled  to  answer  the  matters 
aforesaid,  and  suit  has  not  been  commenced  against  the  said  owner  or 
owners,  or  has  been  commenced  in  a  District  Court  other  than  that  in 
which  the  ship  or  vessel  may  be,  the  said  proceedings  may  be  had  in  the 
District  Court  of  the  district  in  which  the  said  ship  or  vessel  may  be, 
and  where  it  may  be  subject  to  the  control  of  such  court  for  the  pur- 
poses of  the  case  as  hereinbefore  provided.  If  the  ship  have  already  been 
libeled  and  sold,  the  proceeds  shall  represent  the  same  for  the  purposes 
of  these  rules. 

Rule  58.  Same — Rules  Applicable  on  Appeal. — All  the  preceding 
rules  and  regulations  for  proceeding  in  cases  where  the  owner  or  owners 
of  a  ship  or  vessel  shall  desire  to  claim  the  benefit  of  limitation  of  liability 
provided  for  in  the  act  of  Congress  in  that  behalf  shall  apply  to  the 
Circuit  Court  [of  Appeal]  of  the  United  States  where  such  cases  are 
or  shall  be  pending  in  said  courts  upon  appeal  from  the  District  Courts. 

Rule  59.  Bringing  in  Other  Offending  Vessel  on  Libel  for  Collision. 
In  a  suit  for  damage  by  collision,  if  the  claimant  of  any  vessel  proceeded 
against,  or  any  respondent  proceeded  against  i7i  personam,  shall,  by 
petition,  on  oath,  presented  before  or  at  the  time  of  answering  the  libel, 
or  within  such  further  time  as  the  court  may  allow,  and  containing 
suitable  allegations  showing  fault  or  negligence  in  any  other  vessel  con- 
tributing to  the  same  collision,  and  the  particulars  thereof,  and  that 
such  other  vessel  or  any  other  party  ought  to  be  proceeded  against  in 
the  same  suit  for  such  damage,  pray  that  process  be  issued  against  such 
vessel  or  party  to  that  end,  such  process  may  be  issued,  and,  if  duly 
served,  such  suit  shall  proceed  as  if  such  vessel  or  party  had  been  orig- 
inally proceeded  against;  the  other  parties  in  the  suit  shall  answer  the 
petition;  the  claimant  of  such  vessel  or  such  new  party  shall  answer 
the  libel ;  and  such  further  proceedings  shall  be  had  and  decree  rendered 
by  the  court  in  the  suit  as  to  law  and  justice  shall  appertain.  But  every 
such  petitioner  shall,  upon  filing  his  petition,  give  a  stipulation,  with 
sufficient  sureties,  to  pay  to  the  libelant  and  to  any  claimant  or  new 
party  brought  in  by  virtue  of  such  process,  all  such  costs,  damages, 
and  expenses  as  shall  be  awarded  against  the  petitioner  by  the  court  upon 
the  final  decree,  whether  rendered  in  the  original  or  appellate  court ; 
and  any  such  claimant  or  new  party  shall  give  the  same  bonds  or  stipu- 
lations which  are  required  in  like  cases  from  parties  brought  in  under 
process  issued  on  the  prayer  of  a  libelant. 

GENERAL  ORDERS  IN  BANKRUPTCY. 

Preamble. — In  pursuance  of  the  powers  conferred  by  the  Constitu- 
tion and  laws  upon  the  Supreme  Court  of  the  United  States,  and  par- 
ticularly by  the  act  of  Congress  approved  July  1,  1898,  entitled  "An 
act  to  establish  a  uniform  system  of  bankruptcy  throughout  the  United 
States,  it  is  ordered,  on  this  twenty-eighth  day  of  November,  1898, 
that  the  following  rules  be  adopted  and  established  as  general  orders 
in  bankruptcy,  to  take  effect  on  the  first  Monday,  being  the  second 

68 


1074 

day,  of  January,  1899.  And  it  is  further  ordered  that  all  proceedings 
in  bankruptcy  had  before  that  day,  in  accordance  with  the  act  last 
aforesaid,  and  being  in  substantial  conformity  either  with  the  provi- 
sions of  these  general  orders,  or  else  with  the  general  orders  established 
by  this  court  under  the  bankrupt  act  of  1867  and  with  any  general 
rules  or  special  orders  of  the  courts  in  bankruptcy,  stand  good,  sub- 
ject, however,  to  such  further  regulation  by  rule  or  order  of  those 
courts  as  may  be  necessary  or  proper  to  carry  into  force  and  effect 
the  bankrupt  act  of  1898  and  the  general  orders  of  this  court. 

1.  Docket. — The  clerk  shall  keep  a  docket,  in  which  the  cases  shall 
be  entered  and  numbered  in  the  order  in  which  they  are  commenced. 
It  shall  contain  a  memorandum  of  the  filing  of  the  petition  and  of  the 
action  of  the  court  thereon,  of  the  reference  of  the  case  to  the  referee, 
and  of  the  transmission  by  him  to  the  clerk  of  his  certified  record  of 
the  proceedings,  with  the  dates  thereof,  and  a  memorandum  of  all 
proceedings  in  the  case  except  those  duly  entered  on  the  referee's 
certified  record  aforesaid.  The  docket  shall  be  arranged  in  a  manner 
convenient  for  reference,  and  shall  at  all  times  be  open  to  public  in- 
spection. 

2.  Piling  of  Papers. — The  clerk  or  the  referee  shall  indorse  on  each 
paper  filed  with  him  the  day  and  hour  of  filing,  and  a  brief  statement 
of  its  character. 

3.  Process. — All  process,  summons  and  subpoenas  shall  issue  out  of 
the  court,  under  the  seal  thereof,  and  be  tested  by  the  clerk;  and 
blanks,  with  the  signature  of  the  clerk  and  seal  of  the  court,  may, 
upon  application,  be  furnished  to  the  referees. 

4.  Conduct  of  Proceedings. — Proceedings  in  bankruptcy  may  be 
conducted  by  the  bankrupt  in  person  in  his  own  behalf,  or  by  a  peti- 
tioning or  opposing  creditor;  but  a  creditor  will  only  be  allowed  to 
manage  before  the  court  his  individual  interest.  Every  party  may 
appear  and  conduct  the  proceedings  by  attorney,  who  shall  be  an  attor- 
ney or  counsel  authorized  to  practice  in  the  Circuit  Court  or  District 
Court.  The  name  of  the  attorney  or  counselor,  with  his  place  of  busi- 
ness, shall  be  entered  upon  the  docket,  with  the  date  of  the  entry.  All 
papers  or  proceedings  offered  by  an  attorney  to  be  filed  shall  be  in- 
dorsed as  above  required,  and  orders  granted  on  motion  shall  contain 
the  name  of  the  party  or  attorney  making  the  motion.  Notices  and 
orders  which  are  not,  by  the  act  or  by  these  general  orders,  required  to 
be  served  on  the  party  personally  may  be  served  upon  his  attorney. 

5.  Frame  of  Petitions. — All  petitions  and  the  schedules  filed  there- 
with shall  be  printed  or  written  out  plainly,  without  abbreviation  or 
interlineation,  except  where  such  abbreviation  and  interlineation  may 
be  for  the  purpose  of  reference. 

6.  Petitions  in  Different  Districts. — In  case  two  or  more  petitions 
shall  be  filed  against  the  same  individual  in  different  districts,  the  first 
hearing  shall  be  had  in  the  district  in  which  the  debtor  has  his  domi- 
cile, and  the  petition  may  be  amended  by  inserting  an  allegation  of 
an  act  of  bankruptcy  committed  at  an  earlier  date  than  that  first 


BANKRUPTCY GENERAL  ORDERS.  1075 

alleged,  if  such  earlier  act  is  charged  in  either  of  the  other  petitions; 
and  in  case  of  two  or  more  petitions  against  the  same  partnership  in 
different  courts,  each  having  jurisdiction  over  the  case,  the  petition 
first  filed  shall  be  first  heard,  and  may  be  amended  by  the  insertion 
of  an  allegation  of  an  earlier  act  of  bankruptcy  than  that  first  alleged, 
if  such  earlier  act  is  charged  in  either  of  the  other  petitions;  and,  in 
either  case,  the  proceedings  upon  the  other  petitions  may  be  stayed 
until  an  adjudication  is  made  upon  the  petition  first  heard;  and  the 
court  which  makes  the  first  adjudication  of  bankruptcy  shall  retain 
jurisdiction  over  all  proceedings  therein  until  the  same  shall  be  closed. 
In  case  two  or  more  petitions  shall  be  filed  in  different  districts  by 
different  members  of  the  same  partnership  for  an  adjudication  of  the 
bankruptcy  of  said  partnership,  the  court  in  which  the  petition  is  first 
filed,  having  jurisdiction,  shall  take  and  retain  jurisdiction  over  all 
proceedings  in  such  bankruptcy  until  the  same  shall  be  closed;  and 
if  such  petitions  shall  be  filed  in  the  same  district,  action  shall  be 
first  had  upon  the  one  first  filed.  But  the  court  so  retaining  jurisdic- 
tion shall,  if  satisfied  that  it  is  for  the  greatest  convenience  of  parties 
in  interest  that  another  of  said  courts  should  proceed  with  the  cases, 
order  them  to  be  transferred  to  that  court. 

7.  Priority  of  Petitions. — Whenever  two  or  more  petitions  shall  be 
filed  by  creditors  against  a  common  debtor,  alleging  separate  acts  of 
bankruptcy  committed  by  said  debtor  on  different  days  within  four 
months  prior  to  the  filing  of  said  petitions,  and  the  debtor  shall  appear 
and  show  cause  against  an  adjudication  of  bankruptcy  against  him  on 
the  petitions,  that  petition  shall  be  first  heard  and  tried  which  alleges 
the  commission  of  the  earliest  act  of  bankruptcy;  and  in  case  the 
several  acts  of  bankruptcy  are  alleged  in  the  different  petitions  to 
have  been  committed  on  the  same  day,  the  court  before  which  the 
same  are  pending  may  order  them  to  be  consolidated,  and  proceed  to 
a  hearing  as  upon  one  petition ;  and  if  an  adjudication  of  bankruptcy 
be  made  upon  either  petition,  or  for  the  commission  of  a  single  act  of 
bankruptcy,  it  shall  not  be  necessary  to  proceed  to  a  hearing  upon  the 
remaining  petitions,  unless  proceedings  be  taken  by  the  debtor  for  the 
purpose  of  causing  such  adjudication  to  be  annulled  or  vacated. 

8.  Proceedings  in  Partnership  Cases. — ^Any  member  of  a  partnership 
who  refuses  to  join  in  a  petition  to  have  the  partnership  declared  bank- 
rupt, shall  be  entitled  to  resist  the  prayer  of  the  petition  in  the  same 
manner  as  if  the  petition  had  been  filed  by  a  creditor  of  the  partner- 
ship, and  notice  of  the  filing  of  the  petition  shall  be  given  to  him  in 
the  same  manner  as  provided  by  law  and  by  these  rules  in  the  case  of 
a  debtor  petitioned  against;  and  he  shall  have  the  right  to  appear  at 
the  time  fixed  by  the  court  for  the  hearing  of  the  petition  and  to  make 
proof,  if  he  can,  that  the  partnership  is  not  insolvent  or  has  not  com- 
mitted an  act  of  bankruptcy,  and  to  make  all  defenses  which  any 
debtor  proceeded  against  is  entitled  to  take  by  the  provisions  of  the 
act ;  and  in  case  an  adjudication  of  bankruptcy  is  made  upon  the  peti- 
tion, such  partner  shall  be  required  to  file  a  schedule  of  his  debts  and 


1076 

an  inventory  of  his  property  in  the  same  manner  as  is  required  by 
the  act  in  cases  of  debtors  against  whom  adjudication  of  bankruptcy 
shall  be  made. 

9.  Schedule  in  Involuntary  Bankruptcy. — In  all  cases  of  involuntary 
bankruptcy  in  which  the  bankrupt  is  absent  or  cannot  be  found  it 
shall  be  the  duty  of  the  petitioning  creditor  to  file,  within  five  days 
after  the  date  of  adjudication,  a  schedule  giving  the  names  and  places 
of  residence  of  all  the  creditors  of  the  bankrupt,  according  to  the  best 
information  of  the  petitioning  creditor.  If  the  debtor  is  found,  and  is 
served  with  notice  to  furnish  a  schedule  of  his  creditors  and  fails  to 
do  so,  the  petitioning  creditors  may  apply  for  ^n  attachment  against 
the  debtor,  or  may  himself  furnish  such  schedule  as  aforesaid. 

10.  Indemnity  for  Expenses. — Before  incurring  any  expense  in  pub- 
lishing or  mailing  notices,  or  in  traveling,  or  in  procuring  the  attend- 
ance of  witnesses,  or  in  perpetuating  testimony,  the  clerk,  marshal 
or  referee  may  require,  from  the  bankrupt  or  other  person  in  whose 
behalf  the  duty  is  to  be  performed,  indemnity  for  such  expense.  Money 
advanced  for  this  purpose  by  the  bankrupt  or  other  person  shall  be 
repaid  him  out  of  the  estate  as  part  of  the  cost  of  administering  the 
same. 

11.  Amendments. — ^The  court  may  allow  amendments  to  the  petition 
and  schedules  on  application  of  the  petitioner.  Amendments  shall  be 
printed  or  written,  signed  and  verified,  like  original  petitions  and 
schedules.  If  amendments  are  made  to  separate  schedules,  the  same 
must  be  made  separately,  with  proper  references.  In  the  application 
for  leave  to  amend,  the  petitioner  shall  state  the  cause  of  the  error  in 
the  paper  originally  filed. 

12.  Duties  of  Referee. — 1.  Proceedings  Before  Referee. — The  order  re- 
ferring a  case  to  a  referee  shall  name  a  day  upon  which  the  bankrupt 
shall  attend  before  the  referee ;  and  from  that  day  the  bankrupt  shall  be 
subject  to  the  orders  of  the  court  in  all  matters  relating  to  his  bank- 
ruptcy, and  may  receive  from  the  referee  a  protection  against  arrest, 
to  continue  until  the  final  adjudication  on  his  application  for  a  discharge, 
unless  suspended  or  vacated  by  order  of  the  court.  A  copy  of  the  order 
shall  forthwith  be  sent  by  mail  to  the  referee,  or  be  delivered  to  him  per- 
sonally by  the  clerk  or  other  officer  of  the  court.  And  thereafter  all  the 
proceedings,  except  such  as  are  required  by  the  act  or  by  these  general 
orders  to  be  had  before  the  judge,  shall  be  had  before  the  referee. 

2.  Time  and  Place. — The  time  when  and  the  place  where  the  referees 
shall  act  upon  the  matters  arising  under  the  several  cases  referred  to 
them  shall  be  fixed  by  special  order  of  the  judge,  or  by  the  referee ;  and 
at  such  times  and  places  the  referees  may  perform  the  duties  which  they 
are  empowered  by  the  act  to  perform. 

3.  Applications  for  Discharge,  etc. — Applications  for  a  discharge,  etc., 
or  for  the  approval  of  a  composition,  or  for  an  injunction  to  stay  pro- 
ceedings of  a  court  or  officer  of  the  United  States,  or  of  a  State,  shall  be 
heard  and  decided  by  the  judge.     But  he  may  refer  such  an  application, 


BANKRUPTCY GENERAL  ORDERS.  1077 

or  any  specified  issue  arising  thereon,  to  the  referee  to  ascertain  and 
report  the  facts. 

13.  Appointment  and  Removal  of  Trustee. — The  appointment  of  a 
trustee  by  the  creditors  shall  be  subject  to  be  approved  or  disapproved 
by  the  referee  or  by  the  judge ;  and  he  shall  be  removable  by  the  judge 
only. 

14.  No  Official  or  General  Trustee. — No  official  trustee  shall  be  ap- 
pointed by  the  court,  nor  any  general  trustee  to  act  in  classes  of  cases. 

15.  Trustee  not  Appointed  in  Certain  Cases. — If  the  schedule  of  a 
voluntary  bankrupt  discloses  no  assets,  and  if  no  creditor  appears  at 
the  first  meeting,  the  court  may,  by  order  setting  out  the  facts,  direct 
that  no  trustee  be  appointed;  but  at  any  time  thereafter  a  trustee  is 
appointed  as  aforesaid,  the  court  may  order  that  no  meeting  of  the 
creditors  other  than  the  first  meeting  shall  be  called. 

16.  Notice  to  Trustee  of  His  Appointment. — It  shall  be  the  duty  of 
the  referee,  immediately  upon  the  appointment  and  approval  of  the 
trustee,  to  notify  him  in  person  or  by  mail  of  his  appointment;  and 
the  notice  shall  require  the  trustee  forthwith  to  notify  the  referee  of 
his  acceptance  or  rejection  of  the  trust,  and  shall  contain  a  statement 
of  the  penal  sum  of  the  trustee's  bond. 

17.  Duties  of  Trustee. — The  trustee  shall,  immediately  upon  enter- 
ing upon  his  duties,  prepare  a  complete  inventory  of  all  the  property 
of  the  bankrupt  that  comes  into  his  possession.  The  trustee  shall  make 
report  to  the  court,  within  twenty  days  after  receiving  the  notice  of 
his  appointment,  of  the  articles  set  off  to  the  bankrupt  by  him,  accord- 
ing to  the  provisions  of  the  forty-seventh  section  of  the  act,  with  the 
estimated  value  of  each  article,  and  any  creditor  may  take  exceptions 
to  the  determination  of  the  trustee  within  twenty  days  after  the  filing 
of  the  report.  The  referee  may  require  the  exceptions  to  be  argued 
before  him,  and  shall  certify  them  to  the  court  for  final  determination 
at  the  request  of  either  party.  In  case  the  trustee  shall  neglect  to 
file  any  report  or  statement  which  it  is  made  his  duty  to  file  or  make 
by  the  act,  or  by  any  general  order  in  bankruptcy,  within  five  days 
after  the  same  shall  be  due,  it  shall  be  the  duty  of  the  referee  to  make 
an  order  requiring  the  trustee  to  show  cause  before  the  judge  at  a 
time  specified  in  the  order,  why  he  should  not  be  removed  from  office. 
The  referee  shall  cause  a  copy  of  the  order  to  be  served  upon  the 
trustee  at  least  seven  days  before  the  time  fixed  for  the  hearing,  and 
proof  of  the  service  thereof  to  be  delivered  to  the  clerk.  All  accounts 
of  trustees  shall  be  referred  as  of  course  to  the  referee  for  audit, 
unless  otherwise  specially  ordered  by  the  court. 

18.  Sale  of  Property. — 1.  Public  Sales. — All  sales  shall  be  by  public 
auction  unless  otherwise  ordered  by  the  court. 

2.  Private  Sale. — ^Ilpon  application  to  the  court,  and  for  good  cause 
shown,  the  trustee  may  be  authorized  to  sell  any  specified  portion  of  the 
bankrupt's  estate  at  private  sale;  in  which  case  he  shall  keep  an  accurate 
account  of  each  article  sold,  and  the  price  received  therefor,  and  to  who, 
sold;  which  account  he  shall  file  at  once  with  the  referee. 


1078  HILLYER^S   LEGAL    MANUAL. 

3.  Sale  of  Penshahle  Property. — Upon  petition  by  a  bankrupt,  creditor, 
receiver,  or  trustee,  setting  forth  that  a  part  or  the  whole  of  the  bank- 
rupt's estate  is  perishable,  the  nature  and  location  of  such  perishable 
estate,  and  that  there  will  be  loss  if  the  same  is  not  sold  immediately,  the 
court,  if  satisfied  of  the  facts  stated  and  that  the  sale  is  required  in  the 
interest  of  the  estate,  may  order  the  same  to  be  sold,  with  or  without 
notice  to  the  creditors,  and  the  proceeds  to  be  deposited  in  court. 

19.  Accounts  of  Marshal. — The  marshal  shall  make  return,  under 
oath,  of  his  actual  and  necessary  expenses  in  the  service  of  every  war- 
rant addressed  to  him,  and  for  custody  of  property,  and  other  services, 
and  other  actual  and  necessary  expenses  paid  by  him,  with  vouchers 
therefor  whenever  practicable,  and  also  with  a  statement  that  the 
amounts  charged  by  him  are  just  and  reasonable. 

20.  Papers  Filed  After  Reference. — Proofs  of  claims  and  other  papers 
filed  subsequently  to  the  reference,  except  such  as  call  for  action  by  the 
judge,  may  be  filed  either  with  the  referee  or  with  the  clerk. 

21.  Proof  of  Debts. — 1.  Depositions  to  Prove  Cladms. — Depositions  to 
prove  claims  against  a  bankrupt 's  estate  shall  be  correctly  entitled  in  the 
court  and  in  the  cause.  "When  made  to  prove  a  debt  due  to  a  partner- 
ship, it  must  appear  on  oath  that  the  deponent  is  a  member  of  the  part- 
nership; when  made  by  an  agent,  the  reason  the  deposition  is  not  made 
by  the  claimant  in  person  must  be  stated ;  and  when  made  to  prove  a  debt 
due  to  a  corporation,  the  deposition  shall  be  made  by  the  treasurer,  or  if 
the  corporation  has  no  treasurer,  by  the  officer  whose  duties  most  nearly 
correspond  to  those  of  treasurer.  Depositions  to  prove  debts  exist- 
ing in  open  account  shall  state  when  the  debt  became  or  w^ll  become 
due ;  and  if  it  consists  of  items  maturing  at  different  dates  the  average 
due  date  shall  be  stated,  in  default  of  which  it  shall  not  be  necessary 
to  compute  interest  upon  it.  All  such  depositions  shall  contain  an 
averment  that  no  note  has  been  received  for  such  account,  nor  any 
judgment  rendered  thereon.  Proofs  of  debt  received  by  any  trustee 
shall  be  delivered  to  the  referee  to  whom  the  cause  is  referred. 

2.  Notices,  How  Addressed. — Any  creditor  may  file  with  the  referee 
a  request  that  all  notices  to  which  he  may  be  entitled  shall  be  ad- 
dressed to  him  at  any  place,  to  be  designated  by  the  postoffice  box 
or  street  number,  as  he  may  appoint;  and  thereafter,  and  until  some 
other  designation  shall  be  made  by  such  creditor,  all  notices  shall  be 
so  addressed ;  and  in  other  cases  notices  shall  be  addressed  as  specified 
in  proof  of  debt. 

3.  Assigned  Claims. — Claims  which  have  been  assigned  before  proof 
shall  be  supported  by  a  deposition  of  the  owner  at  the  time  of  the 
commencement  of  proceedings,  setting  forth  the  true  consideration 
of  the  debt,  and  that  it  is  entirely  unsecured,  or  if  secured,  the  secur- 
ity as  is  required  in  proving  secured  claims.  Upon  the  filing  of  satis- 
factory proof  of  the  assignment  of  a  claim  proved  and  entered  on  the 
referee's  docket,  the  referee  shall  immediately  give  notice  by  mail 


BANKRUPTCY — GENERAL  ORDERS.  1079 

to  the  original  claimant  of  the  filing  of  such  proof  of  assignment; 
and  if  no  objection  be  entered  within  ten  days,  or  within  further  time 
allowed  by  the  referee,  he  shall  make  an  order  subrogating  the  assignee 
to  the  original  claimant.  If  objection  be  made,  he  shall  proceed  to 
hear  and  determine  the  matter. 

4.  Claims  of  Persons  Contingently  Liable. — The  claims  of  persons  con- 
tingently liable  for  the  bankrupt  may  be  proved  in  the  name  of  the  cred- 
itor when  known  by  the  party  contingently  liable.  When  the  name  of 
the  creditor  is  unknown,  such  claim  may  be  proved  in  the  name  of  the 
party  contingently  liable ;  but  no  dividend  shall  be  paid  upon  such  claim, 
except  upon  satisfactory  proof  that  it  will  diminish  pro  tanto  t*he  original 
debt. 

5.  Letter  of  Attorney. — The  execution  of  any  letter  of  attorney  to  rep- 
resent a  creditor,  or  of  an  assignment  of  claim  after  proof,  may  be  proved 
or  acknowledged  before  a  referee,  or  a  United  States  commissioner,  or  a 
notary  public.  When  executed  on  behalf  of  a  partnership  or  of  a  corpo- 
ration, the  person  executing  the  instrument  shall  make  oath  that  he  is  a 
member  of  the  partnership,  or  a  duly  authorized  officer  of  the  corporation 
on  whose  behalf  he  acts.  When  the  person  executing  is  not  personally 
known  to  the  officer  taking  the  proof  or  acknowledgment,  his  identity 
shall  be  established  by  satisfactory  proof. 

6.  Re-examination  of  Claim. — When  the  trustee  or  any  creditor  shall 
desire  the  re-examination  of  any  claim  filed  against  the  bankrupt 's  estate, 
he  may  apply  by  petition  to  the  referee  to  whom  the  case  is  referred  for 
an  order  for  such  re-examination,  and  thereupon  the  referee  shall  make 
an  order  fixing  a  time  for  hearing  the  petition,  of  which  due  notice  shall 
be  given  by  mail  addressed  to  the  creditor.  At  the  time  appointed  the 
referee  shall  take  the  examination  of  the  creditor,  and  of  any  witness  that 
may  be  called  by  either  party  and  if  it  shall  appear  from  such  exam- 
ination that  the  claim  ought  to  be  expunged  or  diminished,  the  referee 
may  order  accordingly. 

22.  Taking  of  Testimony. — The  examination  of  witnesses  before  the 
referee  may  be  conducted  by  the  party  in  person  or  by  his  counsel 
or  attorney,  and  the  witnesses  shall  be  subject  to  examination  and 
cross-examination,  which  shall  be  had  in  conformity  with  the  mode  now 
adopted  in  courts  of  law.  A  deposition  taken  upon  an  examination 
before  a  referee  shall  be  taken  down  in  writing  by  him,  or  under  his 
direction,  in  the  form  of  narrative,  unless  he  determines  that  the  ex- 
amination shall  be  by  question  and  answer.  When  completed  it  shall 
be  read  over  to  the  witness  and  signed  by  him  in  the  presence  of  the 
referee.  The  referee  shall  note  upon  the  deposition  any  question  ob- 
jected to,  with  his  decision  thereon;  and  the  court  shall  have  power 
to  deal  with  the  costs  of  incompetent,  immaterial,  or  irrelevant  deposi- 
tions, or  parts  of  them,  as  may  be  just. 

23.  Orders  of  Referee. — In  all  orders  made  by  a  referee,  it  shall  be 
recited,  according  as  the  fact  may  be,  that  notice  was  given  and  the 
manner  thereof;  or  that  the  order  was  made  by  consent;  or  that  no 


1080  hillyer's  legal  manual. 

adverse  interest  was  represented  at  the  hearing ;  or  that  the  order  was 
made  after  hearing  adverse  interests. 

24.  Transmission  of  Proved  Claims  to  Clerk. — The  referees  shall 
forthwith  transmit  to  the  clerk  a  list  of  the  claims  proved  against  an 
estate,  with  the  names  and  addresses  of  the  proving  creditors. 

25.  Special  Meeting  of  Creditors. — Whenever,  by  reason  of  a  vacancy 
in  the  office  of  trustee,  or  for  any  other  cause,  it  becomes  necessary  to 
call  a  special  meeting  of  the  creditors  in  order  to  carry  out  the  pur- 
pose of  the  act,  the  court  may  call  such  a  meeting,  specifying  in  the 
notice  the  purpose  for  which  it  is  called. 

26.  Accounts  of  Referee. — Every  referee  shall  keep  an  accurate  ac- 
count of  his  traveling  and  incidental  expenses,  and  of  those  of  any 
clerk  or  any  officer  attending  him  in  the  performance  of  his  duties  in 
any  case  which  may  be  referred  to  him ;  and  shall  make  return  of  the 
same  under  oath  to  the  judge,  with  proper  vouchers  when  vouchers 
can  be  procured,  on  the  first  Tuesday  in  each  month. 

27.  Review  by  Judge. — When  a  bankrupt,  creditor,  trustee,  or  other 
person  shall  desire  a  review  by  the  judge  of  any  order  made  by  the 
referee,  he  shall  file  with  the  referee  his  petition  therefor,  setting  out 
the  error  complained  of;  and  the  referee  shall  forthwith  certify  to  the 
judge  the  question  presented,  a  summary  of  the  evidence  relating  thereto, 
and  the  finding  and  order  of  the  referee  thereon. 

28.  Redemption  of  Property  and  Compounding  of  Claims. — Whenever 
it  may  be  deemed  for  the  benefit  of  the  estate  of  a  bankrupt  to  redeem 
and  discharge  any  mortgage  or  other  pledge,  or  deposit  or  lien  upon 
any  property,  real  or  personal,  or  to  relieve  said  property  from  any 
conditional  contract,  and  to  tender  performance  of  the  conditions 
thereof,  or  to  compound  and  settle  any  debts  or  other  claims  due  or 
belonging  to  the  estate  of  the  bankrupt,  the  trustee,  or  the  bankrupt, 
or  any  creditor  who  has  proved  his  debt,  may  file  his  petition  there- 
for, and  thereupon  the  court  shall  appoint  a  suitable  time  and  place 
for  the  hearing  thereof,  notice  of  which  shall  be  given  as  the  court 
shall  direct,  so  that  all  creditors  and  other  persons  interested  may  ap- 
pear and  show  cause,  if  any  they  have,  why  an  order  should  not  be 
passed  by  the  court  upon  the  petition  authorizing  such  act  on  the  part 
of  the  trustee. 

29.  Payment  of  Moneys  Deposited. — No  moneys  deposited  as  required 
by  the  act  shall  be  drawn  from  the  depository  unless  by  check  or  war- 
rant, signed  by  the  clerk  of  the  court,  or  by  a  trustee,  and  counter- 
signed by  the  judge  of  the  court,  or  by  a  referee  designated  for  that 
purpose,  or  by  the  clerk  or  his  assistant  under  an  order  made  by  the 
judge,  stating  the  date,  the  sum,  and  the  account  for  which  it  is 
drawn ;  and  an  entry  of  the  substance  of  such  check  or  warrant,  with 
the  date  thereof,  the  sum  drawn  for,  and  the  account  for  which  it  is 
drawn,  shall  be  forthwith  made  in  a  book  kept  for  that  purpose  by  the 
trustee  or  his  clerk;  and  all  checks  and  drafts  shall  be  entered  in  the 
order  of  time  in  which  they  are  drawn,  and  shall  be  numbered  in  the 


BANKRUPTCY GENERAL   ORDERS.  1081 

case  of  each  estate.  A  copy  of  this  general  order  shall  be  furnished  to 
the  depository,  and  also  the  name  of  the  referee  or  clerk  authorized 
to  countersign  said  checks. 

30.  Imprisoned  Debtor. — If,  at  the  time  of  preferring  his  petition, 
the  debtor  shall  be  imprisoned,  the  court,  upon  application,  may  order 
him  to  be  produced  upon  habeas  corpus,  by  the  jailer,  or  any  officer 
in  whose  custody  he  may  be,  before  the  referee,  for  the  purpose  of 
testifying  in  any  manner  relating  to  his  bankruptcy ;  and  if  committed 
after  the  filing  of  his  petition  upon  process  in  any  civil  action  founded 
upon  a  claim  provable  in  bankruptcy,  the  court  may,  upon  Hke  appli- 
cation, discharge  him  from  such  imprisonment.  If  the  petitioner,  dur- 
ing the  pendency  of  the  proceedings  in  bankruptcy,  be  arrested  or 
imprisoned  upon  process  in  any  civil  action,  the  district  court,  upon 
his  application,  may  issue  a  writ  of  habeas  corpus  to  bring  him  before 
the  court  to  ascertain  whether  such  process  has  been  issued  for  the 
collection  of  any  claim  provable  in  bankruptcy,  and  if  so  provable  he 
shall  be  discharged;  if  not,  he  shall  be  remanded  to  the  custody  in 
which  he  may  lawfully  be.  Before  granting  the  order  for  discharge 
the  court  shall  cause  notice  to  be  served  upon  the  creditor  or  his  attor- 
ney, so  as  to  give  him  an  opportimity  of  appearing,  and  being  heard 
before  the  granting  of  the  order. 

31.  Petition  for  Discharge. — The  petition  of  a  bankrupt  for  a  dis- 
charge shall  state  concisely,  in  accordance  with  the  provisions  of  the 
act  and  the  orders  of  the  court,  the  proceedings  in  the  case  and  the 
acts  of  the  bankrupt. 

32.  Opposition  to  Discharge  or  Composition. — A  creditor  opposing 
the  application  of  a  bankrupt  for  his  discharge,  or  for  the  confirmation 
of  a  composition,  shall  enter  his  appearance  in  opposition  thereto  on 
the  day  when  the  creditors  are  required  to  show  cause,  and  shall  file 
a  specification  in  writing  of  the  grounds  of  his  opposition  within  ten 
days  thereafter,  unless  the  time  shall  be  enlarged  by  special  order  of 
the  judge. 

33.  Arbitration. — Whenever  a  trustee  shall  make  application  to  the 
court  for  authority  to  submit  a  controversy  arising  in  the  settlement 
of  a  demand  against  a  bankrupt's  estate,  or  for  a  debt  due  to  it,  to 
the  determination  of  arbitrators,  or  for  authority  to  compound  and 
settle  such  controversy  by  agreement  with  the  other  party,  the  appli- 
cation shall  clearly  and  distinctly  set  forth  the  subject  matter  of  the 
controversy,  and  the  reasons  why  the  trustee  thinks  it  proper  and 
most  for  the  interest  of  the  estate  that  the  controversy  should  be  set- 
tled by  arbitration  or  otherwise. 

34.  Costs  in  Contested  Adjudications. — In  cases  of  involuntary  bank- 
ruptcy, when  the  debtor  resists  an  adjudication,  and  the  court,  after 
hearing,  adjudges  the  debtor  a  bankrupt,  the  petitioning  creditor  shall 
recover,  and  be  paid  out  of  the  estate,  the  same  costs  that  are  allowed 
to  a  party  recovering  in  a  suit  in  equity ;  and  if  the  petition  is  dismissed 
the  debtor  shall  recover  like  costs  against  the  petitioner. 


1082  hillyer's  legal  manual. 

35.  Compensation  of  Clerks,  Referees,  and  Trustees. — 1.  Fees  Al- 
lowed Clerks. — The  fees  allowed  by  the  act  to  clerks  shall  be  in  full 
compensation  for  all  services  performed  by  them  in  regard  to  filing 
petitions  or  other  papers  required  by  the  act  to  be  filed  with  them,  or 
in  certifying  or  delivering  papers  or  copies  of  records  to  referees  or 
other  officers,  or  in  receiving  or  paying  out  moneys;  but  shall  not  in- 
clude copies  furnished  to  other  persons,  or  expenses  necessarily  in- 
curred in  publishing  or  mailing  notices  or  other  papers. 

2.  Compensation  of  Referees. — The  compensation  of  referees,  pre- 
scribed by  the  act,  shall  be  in  full  compensation  for  all  services  performed 
by  them  under  the  act,  or  under  these  general  orders ;  but  shall  not  in- 
clude expenses  necessarily  incurred  by  them  in  publishing  or  mailing 
notices,  in  traveling,  or  in  perpetuating  testimony  or  other  expenses  neces- 
sarily incurred  in  the  performance  of  their  duties  under  the  act  and 
allowed  by  special  order  of  the  judge. 

3.  Compensation  Allowed  Trustees. — The  compensation  allowed  to 
trustees  by  the  act  shall  be  in  full  compensation  for  the  services  per- 
formed by  them ;  but  shall  not  include  expenses  necessarily  incurred 
in  the  performance  of  their  duties  and  allowed  upon  the  settlement  of 
their  accounts. 

4.  Payment  of  Fees. — In  any  case  in  which  the  fees  of  the  clerk,  ref- 
eree, and  trustee  are  not  required  by  the  act  to  be  paid  by  a  debtor 
before  filing  his  petition  to  be  adjudged  a  bankrupt,  the  judge,  at  any 
time  during  the  pendency  of  the  proceeding  in  bankruptcy,  may  order 
those  fees  to  be  paid  out  of  the  estate ;  or  may,  after  notice  to  the 
bankrupt,  and  satisfactory  proof  that  he  then  has  or  can  obtain  the 
money  with  which  to  pay  those  fees,  order  him  to  pay  them  within  a 
time  specified,  and,  if  he  fails  to  do  so,  may  order  his  petition  to  be 
dismissed.  He  may  also,  pending  such  proceedings,  both  in  voluntary 
and  involuntary  cases,  order  the  commissions  of  referees  and  trustees 
to  be  paid  immediately  after  such  commissions  accrue  and  are  earned. 

36.  Appeals. — 1.  Appeals  from  Court  of  Bankruptcy. — Appeals 
from  a  court  of  bankruptcy  to  a  Circuit  Court  of  Appeals,  or  to  the 
Supreme  Court  of  a  territory,  shall  be  allowed  by  a  judge  of  tihe 
court  appealed  from  or  of  the  court  appealed  to,  and  shall  be  regu- 
lated, except  as  otherwise  provided  in  the  act  by  the  rules  governing 
appeals  in  equity  in  the  courts  of  the  United  States. 

2.  Appeals  to  the  Supreme  Court. — Appeals  under  the  act  to  the  Su- 
preme Court  of  the  United  States  from  a  Circuit  Court  of  Appeals,  or 
from  the  Supreme  Court  of  a  territory,  or  from  the  Supreme  Court  of 
the  District  of  Columbia,  or  from  any  court  of  bankruptcy  whatever, 
shall  be  taken  within  thirty  days  after  the  judgment  or  decree,  and 
shall  be  allowed  by  a  judge  of  the  court  appealed  from,  or  by  a  jus- 
tice of  the  Supreme  Court  of  the  United  States. 

3.  Record  on  Appeal. — In  every  case  in  which  either  party  is  entitled 
by  the  act  to  take  an  appeal  to  the  Supreme  Court  of  the  United  States, 
the  court  from  which  the  appeal  lies  shall,  at  or  before  the  time  of 
entering  its  judgment  or  decree,  make  and  file  a  finding  of  the  facts, 
and  its  conclusions  of  law  thereon,  stated  separately;  and  the  record 


transmitted  to  the  Supreme  Court  of  the  United  States  on  such  an 
appeal  shall  consist  only  of  the  pleadings,  the  judgment  or  decree,  the 
finding  of  facts,  and  the  conclusions  of  law. 

37.  General  Provisions. — In  proceedings  in  equity,  instituted  for  the 
purpose  of  carrying  into  effect  the  provisions  of  the  act,  or  for  en- 
forcing the  rights  and  remedies  given  by  it,  the  rules  of  equity  prac- 
tice established  by  the  Supreme  Court  of  the  United  States  shall  be 
followed  as  nearly  as  may  be.  In  proceedings  at  law,  instituted  for 
the  same  purpose,  the  practice  and  procedure  in  cases  at  law  shall  be 
followed  as  nearly  as  may  be.  But  the  judge  may,  by  special  order 
in  any  case,  vary  the  time  allowed  for  return  of  process,  for  appear- 
ance and  pleading,  and  for  taking  testimony  and  publication,  and  may 
otherwise  modify  the  rules  for  the  preparation  of  any  particular  case 
so  as  to  facilitate  a  speedy  hearing. 

38.  Forms. — The  several  forms  annexed  to  these  general  orders  shall 
be  observed  and  used,  with  such  alterations  as  may  be  necessary  to  suit 
the  circumstances  of  any  particular  case. 

[Forms  omitted.] 


UNITED  STATES  SUPREME  COURT. 

CLERK'S   INSTRUCTIONS  AS  TO    APPLICATIONS  FOR   WRITS 
OF  CERTIORARI  UNDER  ACT  OF  MARCH  3,  1891. 

The  following  are  the  requirements  on  applications  for  writs  of 
certiorari  under  the  act  of  March  3,  1891 : 

Petitions  are  docketed  in  this  court  as 
,  Petitioner,  vs ,  Respondent. 

Before  the  petition  will  be  docketed  there  must  be  furnished  this 
office: 

1.  An  original  petition  with  written  signature  of  counsel. 

2.  A  certified  copy  of  the  transcript  of  the  record,  including  all  pro- 
ceedings in  the  Circuit  Court  of  Appeals. 

3.  An  appearance  of  counsel  for  petitioner,  signed  by  a  member  of 
the  bar  of  this  court. 

4.  A  deposit  of  twenty-five  dollars  ($25)  on  account  of  costs. 
Before  submission  of  the  petition  there  must  be  furnished : 

1.  Proof  of  service  of  notice  of  date  fixed  for  submission  and  of 
copies  of  petition  and  brief  upon  counsel  for  the  respondent.  About 
two  weeks'  notice  should  be  given. 

2.  Twenty-five  (25)  printed  copies  of  the  petition. 

3.  Twenty-five  (25)  printed  copies  of  brief  in  support  of  petition,  if 
any  such  brief  is  to  be  filed. 

4.  At  least  nine  (9)  uncertified  copies  of  record,  which  must  contain 
all  the  proceedings  in  the  Circuit  Court  of  Appeals.  These  copies  may 
be  made  up  by  using  copies  of  the  record  as  printed  for  the  Circuit 
Court  of  Appeals  and  adding  thereto  printed  copies  of  the  proceedings 
in  that  court.     If  a  sufficient  number  of  records  thus  made  up  cannot 


1084 

be  obtained,  making  it  necessary  to  reprint  the  record  for  use  on  the 
hearing  of  the  petition,  fifty  (50)  copies  must  be  printed  under  my 
supervision,  in  order  that,  should  the  petition  be  granted,  there  may  be 
a  sufficient  number  for  use  on  the  final  hearing. 

Monday  being  motion  day,  some  Monday  must  be  fixed  upon  for  the 
submission  of  the  petition.  No  oral  argument  is  permitted  on  such 
petitions,  but  they  must  be  called  up  and  submitted  in  open  court  by 
counsel  for  petitioner,  or  by  some  attorney  in  his  behalf. 

If  a  respondent  desires  to  oppose  a  petition,  twenty-five  (25)  copies 
of  a  brief  for  such  respondent  must  be  filed.  These  briefs  must  bear 
the  name  of  a  member  of  the  bar  of  this  court,  who  should  also  enter 
an  appearance  for  the  respondent.  It  is  not  necessary,  however,  for 
such  counsel  to  be  present  in  court  when  the  petition  is  submitted. 

All  papers  in  the  case  must  he  filed  not  later  than  the  Saturday  pre- 
ceding the  Monday  fixed  for  the  submission  of  the  petition. 

JAMES  H.  McKENNEY, 
Clerk  of  the  Supreme  Court  of  the  United  States. 


RULES— UNITED  STATES  CIRCUIT  COURT  OF 
APPEALS,  NINTH  CIRCUIT. 

Rule.  1.  Name. — The  court  adopts  "United  States  Circuit  Court 
of  Appeals  for  the  Ninth  Circuit"  as  the  title  of  the  court. 

Rule  2.  Seal. — The  seal  shall  contain  the  words  ''United  States" 
on  the  upper  part  of  the  outer  edge;  and  the  words  "Circuit  Court 
of  Appeals"  on  the  lower  part  of  the  outer  edge,  running  from  left 
to  right;  and  the  words  "Ninth  Circuit"  in  two  lines,  in  the  center, 
vdth  a  dash  beneath. 

Rule  3.*  Terms. — One  term  of  this  court  shall  be  held  annually  at 
the  city  of  San  Francisco  on  the  first  Monday  of  October,  and  shall 
be  adjourned  to  such  times  and  places  as  the  court  may  from  time 
to  time  designate. 

Rule  4.  Quorum. — 1.  If,  at  any  term  or  session,  a  quorum  does 
not  attend  on  any  day  appointed  for  holding  it,  any  Judge  who  does 
attend  may  adjourn  the  court  from  time  to  time,  or,  in  the  absence  of 
any  Judge,  the  Clerk  may  adjourn  the  court  from  day  to  day.  If, 
during  a  term,  after  a  quorum  has  assembled,  less  than  that  number 
attend  on  any  day,  any  Judge  attending  may  adjourn  the  court  from 
day  to  day  until  there  is  a  quorum,  or  may  adjourn  without  day. 

2.  Any  Judge  attending  when  less  than  a  quorum  is  present  may 
make  all  necessary  orders  touching  any  suit,  proceeding  or  process 
depending  in  or  returned  to  the  court,  preparatory  to  hearing,  trial 
or  decision  thereof. 

Rule  5.  Clerk.— The  Clerk's  office  shall  be  kept  at  San  Fran- 
cisco, California. 


■See,  also,  Eule  36. 


RULES — UNITED  STATES  CIRCUIT  COURT  OF  APPEALS.  1085 

2.  The  Clerk  shall  not  practice,  either  as  attorney  or  counselor,  in 
this  court  or  in  any  other  court  while  he  shall  continue  to  be  clerk 
of  this  court. 

3.  He  shall,  before  he  enters  on  the  execution  of  his  office,  take  an 
oath  in  the  form  prescribed  by  section  794  of  the  Revised  Statutes, 
and  shall  give  bond  in  a  sum  to  be  fixed,  and  with  sureties  to  be  ap- 
proved, by  the  court,  faithfully  to  discharge  the  duties  of  his  office 
and  seasonably  to  record  the  decrees,  judgments,  and  determinations 
of  the  court.  A  copy  of  such  bond  shall  be  entered  on  the  journal 
of  the  court,  and  the  bond  shall  be  deposited  for  safekeeping  as  the 
court  may  direct. 

4.  He  shall  not  permit  any  original  record  or  paper  to  be  taken  from 
the  courtroom  or  from  the  office,  without  an  order  from  the  court,  ex- 
cept as  provided  in  Rule  23. 

Rule  6.  Marshal,  Crier  and  Other  Officers. — The  marshal  and  crier 
shall  be  in  attendance  during  the  session  of  the  court,  with  such  num- 
ber of  bailiffs  and  messengers  as  the  court  may  from  time  to  time  order. 

Rule  7.*  Attorneys  and  Counselors. — All  attorneys  admitted  to 
practice  in  the  Supreme  Court  of  the  United  States,  or  in  any  District 
Court  of  the  Ninth  Circuit,  shall  be  deemed  attorneys  of  the  Circuit 
Court  of  Appeals  for  the  Ninth  Circuit;  but  such  attorneys,  on  or  be- 
fore their  first  appearance  in  open  court,  in  said  court,  shall  take  an 
oath  or  affirmation,  in  the  form  prescribed  by  Rule  2  of  the  Supreme 
Court  of  the  United  States  and  subscribe  the  Roll  of  Attorneys.  All 
other  reasons  who  have  been  admitted  to  practice  in  the  highest  court 
of  any  State  or  Territory,  upon  presenting  satisfactory  evidence  of 
good  morcil  character  and  fair  professional  standing,  may  be  admitted 
to  practice  in  said  court,  upon  taking  the  oath  so  prescribed,  and  sub- 
scribing the  Roll  of  Attorneys. 

Rule  8.  Practice. — The  practice  shall  be  the  same  as  in  the  Supreme 
Court  of  the  United  States,  as  far  as  the  same  shall  be  applicable. 

Rule  9.  Process. — All  process  of  this  court  shall  be  in  the  name  of 
the  President  of  the  United  States,  and  shall  be  in  like  form  and  tested 
in  the  same  manner  as  process  of  the  Supreme  Court. 

Rule  10.  Bill  of  Exceptions. — The  Judges  of  the  district  courts 
shall  not  allow  any  bill  of  exceptions  which  shall  contain  the  charge 
of  the  court  at  large  to  the  jury  in  trials  at  common  law,  upon  any 
general  exception  to  the  whole  of  such  charge.  But  the  party  except- 
ing shall  be  required  to  state  distinctly  the  several  matters  of  law  in 
such  charge  to  which  he  excepts,  and  those  matters  of  law,  and  those 
only,  shall  be  inserted  in  the  bill  of  exceptions  and  allowed  by  the 
court. 


*Arvpearaiice  cannot  be  entered  unless  counsel  is  a  member  of  the  bar  of  this 
court,  or  of  the  Supreme  Court  of  the  United  States,  or  of  a  district  court  within 
the  ninth  circuit.  Briefs  signed  by  counsel  who  are  not  members  of  the  bar  of 
this  court  or  fully  qualified  under  the  provisions  of  this  rule  will  not  be  consid- 
ered by  the  court. 


1086 

Rule  11.*  Assignment  of  Errors. — The  plaintiff  in  error  or  appel- 
lant shall  file  with  the  Clerk  of  the  court  below,  with  his  petition  for 
the  writ  of  error  or  appeal,  an  assignment  of  errors,  which  shall  set 
out  separately  and  particularly  each  error  asserted  and  intended  to 
be  urged.  No  writ  of  error  or  appeal  shall  be  allowed  until  such  as- 
signment of  errors  shall  have  been  filed.  When  the  error  alleged  is 
to  the  admission  or  to  the  rejection  of  evidence,  the  assignment  of  errors 
shall  quote  the  full  substance  of  the  evidence  admitted  or  rejected. 
"When  the  error  alleged  is  to  the  charge  of  the  court,  the  assignment 
of  errors  shall  set  out  the  part  referred  to  totidem  verhiSf  whether  it 
be  in  instructions  given  or  in  instructions  refused.  Such  assignment 
of  errors  shall  form  part  of  the  transcript  of  the  record  and  be  printed 
with  it.  When  this  is  not  done,  counsel  will  not  be  heard,  except  at 
the  request  of  the  court ;  and  errors  not  assigned  according  to  this  rule 
will  be  disregarded,  but  the  court,  at  its  option,  may  notice  a  plain 
error  not  assigned. 

Rule  12.  Objections  to  Evidence  in  the  Record. — ^In  all  cases  of 
equity  or  admiralty  jurisdiction,  heard  in  this  court,  no  objection  shall 
be  allowed  to  be  taken  to  the  admissibility  of  any  deposition,  deed, 
grant,  exhibit,  or  translation  found  in  the  record  as  evidence,  unless 
objection  was  taken  thereto  in  the  court  below  and  entered  of  record ; 
but  the  same  shall  otherwise  be  deemed  to  have  been  admitted  by  con- 
sent. 

Rule  13.  Supersedeas  and  Cost  Bonds. — 1.  Supersedeas  bonds  in 
the  district  courts  must  be  taken,  with  good  and  sufficient  security, 
that  the  plaintiff  in  error  or  appellant  shall  prosecute  his  writ  or  appeal 
to  effect,  and  answer  all  damages  and  costs  if  he  fail  to  make  his  plea 
good.  Such  indemnity,  where  the  judgment  or  decree  is  for  the  re- 
(iovery  of  money  not  otherwise  secured,  must  be  for  the  whole  amount 
of  the  judgment  or  decree,  including  just  damages  for  delay,  and  costs 
and  interest  on  the  appeal;  but  in  all  suits  where  the  property  in  con- 
troversy necessarily  follows  the  suit,  as  in  real  actions  and  replevin, 
and  in  suits  on  mortgages,  or  where  the  property  is  in  the  custody  of 
the  marshal  under  admiralty  process,  or  where  the  proceeds  thereot, 
or  a  bond  for  the  value  thereof,  is  in  the  custody  of  the  court,  in- 
demnity in  all  such  cases  will  be  required  only  in  an  amount  sufficient 
to  secure  the  sum  recovered  for  the  use  and  detention  of  the  property, 
and  the  costs  of  the  suit  and  just  damages  for  delay,  and  costs  and 
interest  on  the  appeal. 

2.  On  all  appeals  from  any  interlocutory  order  or  decree  granting 
or  continuing  an  injunction  in  a  district  court,  the  appellant  shall,  at 
the  time  of  the  allowance  of  said  appeal,  file  with  the  Clerk  of  such 
District  Court  a  bond  to  the  opposite  party  in  such  sum  as  such  court 
shall  direct,  to  answer  all  costs  if  he  shall  fail  to  sustain  his  appeal. 


*See  note  to  Admiralty  Eule  1. 


RULES — UNITED  STATES  CIRCUIT  COURT  OF  APPEALS.  1087 

Rule  14.*     Writs  of  Error,  Appeals,  Return  and  Record. — 1.  The 

Clerk  of  the  court  to  which  any  writ  of  error  may  be  directed  shall 
make  a  return  of  the  same  by  transmitting  a  true  copy  of  the  record, 
opinion  or  opinions  of  the  court,  bill  of  exceptions,  assignment  of 
errors,  and  all  proceedings  in  the  case,  under  his  hand  and  the  seal 
of  the  court. 

2.  In  all  cases  brought  to  this  court  by  writ  of  error  or  appeal,  to 
review  an}^  judgment  or  decree,  the  Clerk  of  the  court  by  which  such 
judgment  or  decree  was  rendered  shall  annex  to  and  transmit  with 
the  record  the  original  w^rit  of  error  and  citation,  or  citation  issued  in 
the  cause,  and  a  certificate  under  seal  stating  the  cost  of  the  record 
and  by  whom  paid. 

8.  No  case  will  be  heard  until  a  complete  record,  containing  in  itself, 
and  not  b}^  reference,  all  the  papers,  exhibits,  depositions,  and  other 
proceedings  which  are  necessary  to  the  hearing  in  this  court  shall  be 
filed. 

4.  Whenever  it  shall  be  necessary  or  proper,  in  the  opinion  of  the 
presiding  Judge  in  any  District  Court,  that  original  papers  of  any  kind 
should  be  inspected  in  this  court  upon  writ  of  error  or  appeal,  such 
presiding  Judge  may  make  such  rule  or  order  for  the  safekeeping, 
transporting  and  return  of  such  original  papers  as  to  him  may  seem 
proper;  and  this  court  will  receive  and  consider  such  original  papers 
in  connection  with  the  transcript  of  the  proceedings. 

5.  All  appeals,  writs  of  error,  and  citations  must  be  made  return- 
able at  San  Francisco,  California,  not  exceeding  thirty  days  from  the 
day  of  signing  the  citation,  whether  the  return  day  fall  in  vacation  or 
in  term  time,  and  be  served  before  the  return  day. 

Rule  15.  Translations. — Whenever  any  record  transmitted  to  this 
court  upon  a  writ  of  error  or  api)eal  shall  contain  any  document,  paper, 
testimony  or  other  proceeding  in  a  foreign  language,  and  the  record 
does  not  also  contain  a  translation  of  such  document,  paper,  testi- 
mony or  other  proceeding,  made  under  the  authority  of  the  inferior 
court,  or  admitted  to  be  correct,  the  record  shall  not  be  printed;  but 
the  case  shall  be  reported  to  this  court  by  the  clerk,  and  the  court 
will  thereupon  remand  it  back  to  the  inferior  court,  in  order  that  a 
translation  may  be  there  supplied  and  inserted  in  the  record. 

Rule  16-1  Docketing  Cases. — 1.  It  shall  be  the  duty  of  the  plaintiff 
in  error  or  appellant  to  file  the  record  thereof  and  docket  the  case 
with  the  Clerk  of  this  court  at  San  Francisco,  California,  by  or  before 
the  return  day,  Avhether  in  vacation  or  in  term  time.  But  for  good 
cause  shown,  the  Justice  or  Judge  who  signed  the  citation,  or  any 
Judge  of  this  court,  may  enlarge  the  time  by  or  before  its  expiration, 
the  order  of  enlargement  to  be  filed  with  the  Clerk  of  this  court.  If 
the  plaintiff  in  error  or  appellant  shall  fail  to  comply  with  this  rule, 
the  defendant  in  error  or  appellee  may  have  the  cause  docketed  and 

*See,  also.  Rules  16,  17,  23,  34,  35  and  36,  and  Rules  in  Admiralty. 
*See,  also,  Rules  14,  17,  23,  34,  35  and  36,  and  Rules  in  Admiralty. 


1088 

dismissed,  upon  producing  a  certificate,  whether  in  term  time  or  vaca- 
tion, from  the  clerk  of  the  court  wherein  the  judgment  or  decree  was 
rendered,  stating  the  case  and  certifying  that  such  writ  of  error  or 
appeal  has^  been  duly  sued  out  or  allowed.  And  in  no  case  shall  the 
plaintiff  in  error  or  appellant  be  entitled  to  file  the  record  and  docket 
the  case  after  the  same  shall  have  been  docketed  and  dismissed  under 
this  rule,  unless  by  order  of  the  court. 

2.  But  the  defendant  in  error  or  appellee  may,  at  his  option,  file  a 
copy  of  the  record  and  docket  the  case  with  the  Clerk  of  this  court; 
and  if  a  copy  of  the  record  is  filed  and  the  case  docketed  with  the 
Clerk  of  this  court  by  the  plaintiff  in  error  or  appellant  within  the 
period  of  time  above  limited  and  prescribed  by  this  rule,  or  by  the 
defendant  in  error  or  appellee  at  any  time  thereafter,  the  case  shall 
stand  for  argument  at  the  term. 

3.  Upon  the  filing  of  the  transcript  of  a  record  brought  up  by  a 
writ  of  error  or  appeal,  the  appearance  of  the  counsel  for  the  party 
docketing  the  case  shall,  if  said  counsel  be  qualified  under  the  provi- 
sions of  Rule  7,  be  entered. 

Rule  17.*  Docket. — The  Clerk  shall,  upon  payment  to  him  by  the 
appellant  or  plaintiff  in  error  of  a  deposit  of  twenty-five  dollars  in  each 
case,  file  the  record  and  enter  upon  a  docket  all  cases  brought  to  and 
pending  in  the  court  in  their  proper  chronological  order. 

Rule  18.  Certiorari. — No  certiorari  for  diminution  of  the  record 
will  be  hereafter  awarded  in  any  case,  unless  a  motion  therefor  shall 
be  made  in  writing,  and  the  facts  on  which  the  same  is  founded  shall, 
if  not  admitted  by  the  other  party,  be  verified  by  affidavit.  And  all 
motions  for  such  certiorari  must  be  made  at  the  first  term  of  the  entry 
of  the  case;  otherwise  the  same  will  not  >e  granted,  unless  upon 
special  cause  shown  to  the  court,  accounting  satisfactorily  for  the 
delay. 

Rule  19.  Death  of  a  Party. — 1.  Whenever,  pending  a  writ  of  error 
or  appeal  in  this  court,  either  party  shall  die,  the  proper  representa- 
tives in  the  personalty  or  realty  of  the  deceased  party,  according  to 
the  nature  of  the  case,  may  voluntarily  come  in  and  be  admitted  par- 
ties to  the  suit,  and  thereupon  the  case  shall  be  heard  and  determined 
as  in  other  cases;  and  if  such  representatives  shall  not  voluntarily 
become  parties,  then  the  other  party  may  suggest  the  death  on  the 
record,  and  thereupon,  on  motion,  obtain  an  order  that  unless  such 
representatives  shall  become  parties  within  sixty  days,  the  party  mov- 
ing for  such  order,  if  defendant  in  error,  shall  be  entitled  to  have  the 
writ  of  error  on  appeal  dismissed,  and  if  the  party  so  moving  shall  be 
plaintiff  in  error,  he  shall  be  entitled  to  open  the  record,  and  on  hear- 
ing, have  the  judgment  or  decree  reversed,  i£  it  bo  erroneous:  Provided, 
however,  that  a  copy  of  every  such  order  shall  be  personally  served  on 
said  representatives  at  least  thirty  days  before  the  expiration  of  such 
sixty  days. 

*See,  also,  Rule  16. 


RULES — UNITED  STATES  CIRCUIT  COURT  OF  APPEALS.  1089 

2.  When  the  death  of  a  party  is  suggested,  and  the  representatives 
of  the  deceased  do  not  appear  within  ten  days  after  the  expiration  of 
such  sixty  days,  and  no  measures  are  taken  by  the  opposite  party 
within  that  time  to  compel  their  appearance,  the  case  shall  abate. 

3.  When  either  party  to  a  suit  in  a  District  Court  of  the  United 
States  shall  desire  to  prosecute  a  writ  of  error  or  appeal  to  this  court, 
from  any  final  judgment  or  decree  rendered  in  the  District  Court,  and 
at  the  time  of  suing  out  such  writ  of  error  or  appeal,  the  o,ther  party 
to  the  suit  shall  be  dead  and  have  no  proper  representative  within  the 
jurisdiction  of  the  court  which  rendered  such  final  judgment  or  decree, 
so  that  the  suit  cannot  be  revived  in  that  court,  but  shall  have  a  proper 
representative  in  some  State  or  Territory  of  the  United  States,  or  in 
the  District  of  Columbia,  the  party  desiring  such  writ  of  error  or 
appeal  may  procure  the  same,  and  may  have  proceedings  on  such  judg- 
ment or  decree  superseded  or  stayed  in  the  same  manner  as  is  now 
allowed  by  law  in  other  cases,  and  shall  thereupon  proceed  with  such 
writ  of  error  or  appeal  as  in  other  cases.  And  within  thirty  days 
after  the  filing  of  the  record  in  this  court  the  plaintiff  in  error  or  ap- 
pellant shall  make  a  suggestion  to  the  court,  supported  by  affidavit, 
that  the  said  party  was  dead  when  the  writ  of  error  or  appeal  was 
taken  or  sued  out,  and  had  no  proper  representative  within  the  juris- 
diction of  the  court  which  rendered  such  judgment  or  decree,  so  that 
the  suit  could  not  be  revived  in  that  court,  and  that  said  party  had  a 
proper  representative  in  some  State  or  Territory  of  the  United  States, 
or  in  the  District  of  Columbia,  and  stating  therein  the  name  and  char- 
acter of  such  representative,  and  the  State  or  Territory  or  District  in 
which  such  representative  resides;  and  upon  such  suggestion,  he  may 
on  motion  obtain  an  order  that,  unless  such  representative  shall  make 
himself  a  party  within  ninety  days,  the  plaintiff  in  error  or  appellant 
shall  be  entitled  to  open  the  record,  and,  on  hearing,  have  the  judg- 
ment or  decree  reversed  if  the  same  be  erroneous:  Provided,  however , 
that  a  proper  citation  reciting  the  substance  of  such  order  shall  be 
served  upon  such  representative,  either  personally  or  by  being  left 
at  his  residence,  at  least  thirty  days  before  the  expiration  of  such 
ninety  days :  Frovided,  also,  that  in  every  such  case,  if  the  representa- 
tive of  the  deceased  party  does  not  appear  within  ten  days  after  the 
expiration  of  such  ninety  days,  and  the  measures  above  provided  to 
compel  the  appearance  of  such  representative  have  not  been  taken 
within  the  time  as  above  required,  by  the  opposite  party,  the  case  shall 
abate:  And  provided,  also,  that  the  said  representative  may  at  any  time 
before  or  after  said  suggestion  come  in  and  be  made  a  party  to  the 
suit,  and  thereupon  the  case  shall  proceed,  and  be  heard  and  deter- 
mined as  in  other  cases. 

Rule  20.    Dismissing  Cases  by  Agreement. — Whenever  the  plaintiff 

and  defendant  in  a  writ  of  error  pending  in  this  court,  or  the  appellant 

and  appellee  in  an  appeal,  shall  by  their  attorneys  of  record,  sign  and 

file  with  the  clerk  an  agreement  in  writing  directing  the  case  to  be 

69 


1090  hillyer's  legal  manual. 

dismissed,  and  specifying  the  terms  on  which  it  is  to  be  dismissed,  as 
to  costs,  and  shall  pay  to  the  Clerk  any  fees  that  may  be  due  to  him, 
it  shall  be  the  duty  of  the  Clerk  to  enter  the  case  dismissed,  and  to 
give  to  either  party  requesting  it  a  copy  of  the  agreement  filed;  but 
no  mandate  or  other  process  shall  issue  without  an  order  of  the  court. 
Rule  21.  Motions. — 1.  All  motions  to  the  court  shall  be  reduced 
to  writing,*  shall  contain  a  brief  statement  of  the  facts  and  objects  of 
the  motion  and  shall  be  served  upon  opposing  counsel  at  least  five  days 
before  the  day  noticed  for  the  hearing. 

2.  One-half  hour  on  each  side  shall  be  allowed  to  the  argument  of 
a  motion,  and  no  more,  without  special  leave  of  the  court,  granted 
before  the  argument  begins. 

3.  No  motion  to  dismiss,  except  on  special  assignment  by  the  court, 
shall  be  heard,  unless  previous  notice  as  above  has  been  given  to  the 
adverse  party,  or  the  counsel  or  attorney  of  such  party. 

Rule  22.  Parties  not  Ready. — 1.  Where  no  counsel  appears,  and  no 
brief  has  been  filed  for  the  plaintiff  in  erroi*  or  appellant,  when  the 
case  is  called  for  trial,  the  defendant  may  have  the  plaintiff  called 
and  the  writ  of  error  or  appeal  dismissed. 

2.  When  the  defendant  fails  to  appear  when  the  case  is  called  for 
trial,  the  court  may  proceed  to  hear  an  argument  on  the  part  of  the 
plaintiff,  and  to  give  judgment  according  to  the  right  of  the  case. 

3.  Where  a  case  is  reached  in  the  regular  call  of  the  docket,  and 
there  is  no  appearance  for  either  party,  the  case  shall  be  dismissed 
at  the  cost  of  the  plaintiff  in  error  or  appellant. 

Rule  23.  Printing  Records. — 1.  All  records  shall  be  printed  under 
the  supervision  of  the  Clerk,  and  upon  the  docketing  of  the  cause,  he 
shall  cause  an  estimate  to  be  made  of  the  expense  of  printing  the 
record,  and  his  fee  for  preparing  it  for  the  printer  and  supervising 
the  printing,  and  shall  notify  the  party  docketing  the  case  of  the 
amount  of  the  estimate.  If  the  amount  so  estimated  is  not  promptly 
paid  over  to  the  Clerk,  and  for  want  of  such  payment  the  record  shall 
not  have  been  printed  when  a  case  is  reached  for  argument,  the  case 
shall  be  dismissed. 

2.  Upon  payment  of  the  amount  estimated  by  the  Clerk,  thirty 
copies  of  the  record  shall  be  printed,  under  his  supervision,  for  the 
use  of  the  court  and  of  counsel. 

3.  In  cases  of  appellate  jurisdiction  the  original  transcript  on  file 
shall  be  taken  by  the  Clerk  to  the  printer.  But  the  Clerk  shall  cause 
copies  to  be  made  for  the  printer  of  such  original  papers  sent  up 
under  Rule  14,  Section  4,  as  are  necessary  to  be  printed ;  and  the  whole 
of  the  record  in  cases  of  original  jurisdiction. 

4.  In  all  cases,  including  cases  in  which  the  record  may  have  been 
printed  under  the  Act  of  Congress  approved  February  13,  1911,  or 
otherwise,  the  Clerk  of  this  Court  shall  index  the  printed  record,  and 

*When  typewritten,  an  original  and  three  copies  must  be  filed. 


RULES — UNITED  STATES  CIRCUIT  COURT  OF  APPEALS.  1091 

distribute  the  printed  copies  to  the  Judges  and  the  reporter,  and  one  or 
more  printed  copies  to  the  counsel  for  the  respective  parties. 

5.  If  the  expense  of  printing  and  supervision  shall  be  less  than  the 
amount  estimated  and  paid,  the  Clerk  shall  refund  the  difference  to 
the  party  paying  same.  If  the  expense  is  greater  than  the  estimate 
the  amount  of  such  excess  shall  be  paid  to  the  Clerk  before  he  shall 
file  the  printed  record  or  deliver  copies  to  the  parties  or  their  counsel. 

6.  In  case  of  reversal,  affirmance  or  dismissal,  with  costs,  the  amount 
paid  for  printing  the  record  and  of  the  Clerk's  fee  shall  be  taxed 
against  the  party  against  whom  costs  are  given. 

7.  The  plaintiff  in  error  or  appellant  may,  upon  filing  the  record  in 
this  court,  file  with  the  Clerk  a  statement  of  the  errors  on  which  he 
intends  to  rely,  and  of  the  parts  of  the  record  which  he  thinks  neces- 
sary for  the  consideration  thereof,  and  forthwith  serve  on  the  adverse 
party  a  copy  of  such  statement.  The  adverse  party,  within  ten  days 
thereafter,  may  designate,  in  writing,  filed  with  the  Clerk,  additional 
parts  of  the  record  which  he  thinks  material ;  and,  if  he  shall  not  do  so, 
he  shall  be  held  to  have  consented  to  a  hearing  on  the  parts  designated 
by  the  plaintiff  in  error  or  appellant.  If  parts  of  the  record  shall  be 
so  designated  by  one  or  both  of  the  parties,  or  if  such  parts  be  dis- 
tinctly designated  by  stipulation  of  counsel  for  the  respective  parties, 
the  Clerk  shall  print  those  parts  only;  arid  the  court  will  consider 
nothing  but  those  parts  of  the  record,  and  the  errors  so  stated.  If  at 
the  hearing  it  shall  appear  that  any  material  part  of  the  record  has 
not  been  printed,  the  writ  of  error  or  appeal  may  be  dismissed,  or  such 
other  order  made  as  the  circumstances  may  appear  to  the  court  to 
require.  If  the  defendant  in  error  or  appellee  shall  have  caused  un- 
necessary parts  of  the  record  to  be  printed  such  order  as  to  costs  may 
be  made  as  the  court  shall  think  proper. 

All  statements  and  stipulations  filed  hereunder  shall  distinctly  and 
accurately  refer  to  the  pages  of  the  original  certified  record  as  well  as 
the  documents  to  be  printed  or  omitted. 

8.  At  the  time  of  filing  the  record  and  docketing  the  cause  coun- 
sel for  the  plaintiff  in  error  or  appellant  in  patent  cases  may  furnish 
the  Clerk  with  the  copies  of  patent  office  drawings  and  specifications 
to  be  used  as  inserts,  and  the  same,  if  in  proper  form  and  of  conven- 
ient size,  shall  be  used  in  printing  the  record. 

9.  In  all  cases,  including  cases  in  which  the  record  may  have  been 
printed  under  the  Act  of  Congress  approved  February  13,  1911,  or 
otherwise,  the  fee  of  the  Clerk  of  this  court  for  performing  the  ser- 
vices herein  required  shall  be  twenty-five  cents  for  each  printed  page 
of  the  record  and  index,  as  provided  by  law. 

Rule  24.*  Briefs.— 1.  The  counsel  for  the  plaintiff  in  error  or  appel- 
lant shall  file  with  the  Clerk  of  this  court  twenty  copies  of  a  printed 

*NoTE. — Briefs  signed  by  counsel  who  are  not  members  of  the  bar  of  this 
court  or  fully  qualified  under  the  provisions  of  Rule  7,  will  not  be  considered 
by  the  court. 

See,  also,  subd.  2  of  Rule  26. 


1092  hillyer's  legal  manual. 

brief,  and  serve  upon  counsel  for  the  defendant  in  error  or  the  ap- 
pellee one  copy  thereof,  at  least  ten  days  before  the  case  is  called  for 
argument. 

2.  This  brief  shall  contain,  in  order  here  stated — 

(a)  A  concise  abstract,  or  statement  of  the  case;  presenting  suc- 
cinctly the  questions  involved,  in  the  manner  in  which  they  are  raised. 

(b)  A  specification  of  the  errors  relied  upon,  which,  in  cases  brought 
up  by  writ  of  error,  shall  set  out  separately  and  particularly  each 
error  asserted  and  intended  to  be  urged;  and  in  cases  brought  up  by 
appeal  the  specifications  shall  state,  as  particularly  as  may  be,  in  what 
the  decree  is  alleged  to  be  erroneous.  When  the  error  alleged  is  to 
the  admission  or  to  the  rejection  of  evidence,  the  specification  shall 
quote  the  full  substance  of  the  evidence  admitted  or  rejected.  When 
the  error  alleged  is  to  the  charge  of  the  court,  the  specification  shall 
set  out  the  part  referred  to  iotidem  verbis,  whether  it  be  in  instruc- 
tions given  or  in  instructions  refused.  When  the  error  alleged  is  to 
a  ruling  upon  the  report  of  a  master,  the  specification  shall  state  the 
exception  to  the  report  and  the  action  of  the  court  upon  it. 

(c)  A  brief  of  the  argument,  exhibiting  a  clear  statement  of  the 
pomts  of  law  or  fact  to  be  discussed,  with  a  reference  to  the  pages 
of  the  record  and  the  authorities  relied  upon  in  support  of  each  point. 
When  a  statute  of  a  state  is  cited,  so  much  thereof  as  may  be  deemed 
necessary  to  the  decision  of  the  case  shall  be  printed  at  length. 

3.  The  counsel  for  a  defendant  in  error  or  an  appellee  shall  file  with 
the  Clerk  twenty  printed  copies  of  his  brief  and  serve  upon  counsel 
for  plaintiff  in  error  or  appellant  one  copy  thereof,  at  least  three 
days  before  the  case  is  called  for  hearing.  His  brief  shall  be  of  a  like 
character  with  that  required  of  the  plaintiff  in  error  or  appellant, 
except  that  no  specification  of  error  shall  be  required,  and  no  state- 
ment of  the  case,  unless  that  presented  by  the  plaintiff  in  error  or 
appellant  is  controverted. 

4.  When  there  is  no  assignment  of  errors,  as  required  by  section  997 
of  the  Revised  Statutes,  counsel  will  not  be  heard,  except  at  the  re- 
quest of  the  court;  and  errors  not  specified  according  to  this  rule 
will  Ye  disregarded;  but  the  court,  at  its  option,  may  notice  a  plain 
error  not  assigned  or  specified. 

5.  When  according  to  this  rule,  a  plaintiff  in  error  or  an  appellant 
is  in  default,  the  case  may  be  dismissed  on  motion;  and  when  a  de- 
fendant in  error  or  an  appellee  is  in  default  he  will  not  be  heard,  except 
on  consent  of  his  adversary  and  by  request  of  the  court. 

6.  When  no  counsel  appears  for  one  of  the  parties,  and  no  printed 
brief  or  argument  is  filed,  only  one  counsel  will  be  heard  for  the  ad- 
verse party  but  if  a  printed  brief  or  argument  is  filed,  the  adverse 
party  will  be  entitled  to  be  heard  by  two  counsel. 

Rule  25  *  Oral  Arguments. — 1.  The  plaintiff  in  error  or  appellant 
in  this  court  shall  be  entitled  to  open  and  conclude  the  argument  of 

*See,  also,  Eules  35  and  36. 


RULES — UNITED  STATES  CIRCUIT  COURT  OF  APPEALS.      «  1093 

the  case.  But  when  there  are  cross-appeals  they  shall  be  argued 
together  as  one  case,  and  the  plaintiff  in  the  court  below  shall  be  en- 
titled to  open  and  conclude  the  argument. 

2.  Only  two  counsel  will  be  heard  for  each  party  on  the  argument 
of  a  case. 

3.  One  hour  on  each  side  will  be  allowed  for  the  argument,  and  no 
more,  without  special  leave  of  the  court,  granted  before  the  argument 
begins.  The  time  thus  allowed  may  be  apportioned  between  the  coun- 
sel on  the  same  side  at  their  discretion ;  provided,  always,  that  a  fair 
opening  of  the  case  shall  be  made  by  the  party  having  the  opening  and 
closing  arguments.  ^ 

Rule  26.  Form  of  Printed  Records,  Arguments,  Briefs,  and  Peti- 
tions for  Rehearing. — 1.  All  records  printed  for  the  use  of  the  court 
must  be  printed  on  unruled  white  writing  paper,  nine  and  one-quarter 
inches  long  and  six  and  one-quarter  inches  wide.  The  printed  page, 
exclusive  of  any  marginal  note,  reference  or  running  head,  must  be 
seven  inches  long  and  four  inches  wide,  excepting  in  patent  cases 
where  counsel  fnrnish  to  the  clerk  at  the  time  of  docketing  the  cause 
patent  office  drawings  and  specifications  for  insertion.  In  such  cases 
the  margin  of  the  record  may  be  sufficiently  enlarged  to  accommodate 
such  drawings  and  specifications.  The  record  must  be  properly  in- 
dexed.    Pica  double-leaded  is  the  only  mode  of  composition  allowed. 

2.  All  arguments,  briefs,  and  petitions  for  rehearing,  printed  for  the 
use  of  the  court,  must  be  printed  on  unruled  white  writing  paper,  nine 
and  one-quarter  inches  long  and  six  and  one-quarter  inches  wide.  The 
printed  page,  exclusive  of  any  marginal  note,  reference  or  running 
head,  must  be  seven  inches  long  and  four  inches  wide.  Pica  double- 
leaded  is  the  only  mode  of  composition  allowed. 

Rule  27.  Copies  of  Records  and  Briefs. — The  Clerk  shall  carefully 
preserve  in  his  office  one  copy  of  the  printed  record  in  every  case  sub- 
mitted to  the  court  for  its  consideration,  and  of  all  printed  motions, 
briefs  and  arguments  filed  therein. 

Rule  28.  Opinions  of  the  Court. — The  original  opinions  of  the  court 
shall  be  filed  with  the  Clerk  of  this  court  for  preservation,  and  when 
so  filed  the  same  shall  be  deemed  to  have  been  recorded  within  the 
meaning  of  this  rule. 

Rule  29.*  Rehearing. — A  petition  for  rehearing  may  be  presented 
within  thirty  days  after  judgment.  It  must  be  printed,  and  briefly 
and  distinctly  state  its  grounds,  and  be  supported  by  certificate  of 
counsel  that  in  his  judgment  it  is  well  founded,  and  that  it  is  not 
interposed  for  delay.  Twenty  printed  copies  must  be  filed  with  the 
Clerk  of  this  court. 

Rule  30.  Interest. — 1.  In  cases  where  a  writ  of  error  is  prosecuted 
in  this  court,  and  the  judgment  of  the  inferior  court  is  affirmed,  the 
interest   shall   be   calculated   and   levied   from   the   date   of   the  judg- 


1094  HILLYER^S  LEGAL    MANUAL. 

ment  below  until  the  same  is  paid,  at  the  same  rate  that  similar  judg- 
ments bear  interest  in  the  courts  of  the  State  or  Territory  where  such 
judgment  was  rendered. 

2.  In  all  cases  where  a  writ  of  error  shall  delay  the  proceedings 
on  the  judgment  of  the  inferior  court,  and  shall  appear  to  have  been 
sued  out  merely  for  delay,  damages  at  a  rate  not  exceeding  ten  per 
cent,  in  addition  to  interest,  shall  be  awarded  upon  the  amount  of  the 
judgment. 

3.  The  same  rule  shall  be  applied  to  decrees  for  the  payment  of 
money  in  cases  in  equity,  unless  otherwise  ordered  by  this  court. 

4.  In  cases  in  admiralty,  damages  and  interest  may  be  allowed,  if 
specially  directed  by  the  court. 

Rule  31.  Costs. — 1.  In  all  cases  where  any  suit  shall  be  dismissed 
in  this  court  costs  shall  be  allowed  to  the  defendant  in  error  or  ap- 
pellee, unless  otherwise  ordered  by  the  court. 

2.  In  all  cases  of  affirmance  of  any  judgment  or  decree  in  this  court, 
costs  shall  be  allowed  to  the  defendant  in  error  or  appellee,  unless 
otherwise  ordered  by  the  court. 

3.  In  cases  of  reversal  of  any  judgment  or  decree  in  this  court,  costs 
shall  be  allowed  to  the  plaintiff  in  error  or  appellant,  including  the 
cost  of  the  transcript  from  the  court  below,  unless  otherwise  ordered 
by  the  court. 

4.  Neither  of  the  foregoing  sections  shall  apply  to  cases  where  the 
United  States  are  a  party;  but  in  such  cases  no  costs  shall  be  allowed 
in  this  court  for  or  against  the  United  States. 

5.  When  costs  are  allowed  in  this  court  it  shall  be  the  duty  of  the 
Clerk  to  insert  the  amount  thereof  in  the  body  of  the  mandate,  or 
other  proper  process  sent  to  the  court  below,  and  annex  to  the  same 
the  bill  of  items  taxed  in  detail. 

6.  In  all  cases  certified  to  the  Supreme  Court  or  removed  thereto  by 
certiorari  or  otherwise,  the  fees  of  the  Clerk  of  this  court  shall  be  paid 
before  a  transcript  of  the  record  shall  be  transmitted  to  the  Supreme 
Court. 

7.  Upon  the  Clerk's  producing  satisfactory  evidence,  by  affidavit  or 
the  acknowledgment  of  the  parties  or  their  sureties,  of  having  served 
a  copy  of  any  bill  of  fees  due  by  them,  respectively,  in  this  court,  on 
such  parties  or  their  sureties,  an  attachment  shall  issue  against  such 
parties  or  sureties  respectively  to  compel  payment  of  said  fees. 

Rule  32.*  Mandate. — In  all  cases  finally  determined  in  this  court, 
a  mandate  or  other  proper  process  in  the  nature  of  a  procedendo  shall, 
upon  the  payment  of  any  costs  due  in  the  case,  be  issued,  as  of  course 
from  this  court  to  the  court  below,  for  the  purpose  of  informing  such 
court  of  the  proceedings  in  this  court,  so  that  further  proceedings 
may  be  had  in  such  court  as  to  law  and  justice  may  appertain.  Such 
mandate,  if  not  stayed  by  the  order  of  the  court,  shall  be  issued  on 
the  expiration  of  thirty  days  from  the  date  of  such  final  determination, 

*See,  also.  Eule  29. 


RULES — UNITED  STATES  CIRCUIT  COURT  OF  APPEALS.     .  1095 

unless  within  said  time  a  petition  for  rehearing  be  filed,  in  which 
case  the  mandate  shall  be  stayed  until  five  days  after  the  determina- 
tion of  such   petition. 

Rule  33.  Custody  of  Prisoners  on  Habeas  Corpus. — 1.  Pending  an 
appeal  from  the  final  decision  of  any  court  or  Judge  declining  to  grant 
the  writ  of  habeas  corpus,  the  custody  of  the  prisoner  shall  not  be  dis- 
turbed. 

2.  Pending  an  appeal  from  the  final  decision  of  any  court  or  Judge 
discharging  the  writ  after  it  has  been  issued,  the  prisoner  shall  be  re- 
manded to  the  custody  from  which  he  was  taken  by  the  w^rit,  or  shall, 
for  good  cause  shown,  be  detained  in  custody  of  the  court  or  Judge, 
or  be  enlarged  upon  recognizance,  as  hereinafter  provided. 

3.  Pending  an  appeal  from  the  final  decision  of  any  court  or  Judge 
discharging  the  prisoner,  he  shall  be  enlarged  upon  recognizance,  with 
surety,  for  appearance  to  answer  the  judgment  of  the  appellate  court, 
except  where,  for  special  reasons,  sureties  ought  not  to  be  required. 

Rule  34.  Models,  Diagrams,  and  Exhibits  of  Material. — 1.  Models, 
diagrams  and  exhibits  of  material  forming  part  of  the  evidence  taken 
in  the  court  below,  in  any  case  pending  in  this  court,  on  writ  of  error 
or  appeal,  shall  be  placed  in  the  custody  of  the  marshal  of  this  court 
at  least  ten  days  before  the  case  is  heard  or  submitted. 

2.  All  models,  diagrams  and  exhibits  of  material  placed  in  the  cus- 
tody of  the  marshal  for  the  inspection  of  the  court  on  the  hearing  of 
a  case  must  be  taken  away  by  the  parties  within  one  month  after  the 
case  is  decided.  When  this  is  not  done  it  shall  be  the  duty  of  the 
marshal  to  notify  the  counsel  in  the  case,  by  mail  or  otherwise,  of  the 
requirements  of  this  rule;  and,  if  the  articles  are  not  removed  within 
a  reasonable  time  after  the  notice  is  given,  he  shall  destroy  them  or 
make  such  other  disposition  of  them  as  to  him  may  seem  best. 

Rule  35.  Assignment  of  Causes  for  Hearing. — 1.  Thirty  days  prior 
to  the  opening  of  any  calendar  session  of  the  court,  the  Clerk  is  di- 
rected to  assign  causes  for  hearing  at  the  rate  of  one  case  for  the  first 
day  of  each  term  or  session,  and  two  cases  per  day  for  each  of  the 
ensuing  court  days  of  such  term  or  session.  Causes  shall  be  grouped 
by  States,  and  assignments  made,  so  as  to  permit  the  hearing  of  causes 
from  one  State  before  the  causes  from  the  next  State  in  order  shall  be 
called;  causes  from  the  Northern  District  of  California  shall  be  as- 
signed for  hearing  last.  Any  causes  entitled  by  law  to  preference  in 
hearing  shall  be  first  assigned  and  take  precedence  over  other  causes 
from  the  same  State. 

2.  A  stipulation  to  continue  a  case  to  the  foot  of  the  calendar  or  in 
any  way  change  the  day  assigned  for  hearing,  will  not  be  recognized 
as  binding  upon  the  court,  and  no  such  change  will  be  made  except 
by  order  of  the  court  for  reasons  shown. 

3.  Ten  days  before  each  calendar  session  of  the  court  the  Clerk 
shall  prepare  and  cause  to  be  printed  a  calendar  of  the  causes  as- 
signed for  the  approaching  session. 


1096  hillyer's  legal  manual. 

Rule  36.  Terms  and  Sessions  of  the  Court.— 1.  One  term  of  this 
court  shall  be  held  annually  on  the  first  Monday  of  October  and  ad- 
journed sessions  on  the  first  Monday  of  each  month  in  the  year.  All 
sessions  shall  be  held  at  San  Francisco,  unless  otherwise  specially  or- 
dered  by  the   court. 

2.  The  October,  February  and  May  sessions  shall  be  known  as 
calendar  sessions,  and  shall  be  sessions  for  the  trial  of  all  causes  that 
shall  have  been  placed  upon  the  calendar  in  pursuance  of  Rule  35. 

3.  A  term  of  this  court  shall  be  held  annually  in  the  city  of  Seattle, 
in  the  State  of  Washington,  and  in  the  city  of  Portland,  in  the  State 
of  Oregon.  The  Seattle  term  shall  be  held  beginning  upon  the  second 
Monday  in  September,  and  the  term  at  Portland  shall  be  held  begin- 
ning upon  the  third  Monday  in  September.  All  appeals  and  writs 
of  error  from  the  district  courts  for  the  Districts  of  Washington,  the 
transcripts  of  which  shall  be  filed  in  this  court  between  the  first  day 
of  April  and  the  first  day  of  August  of  each  year,  shall  be  heard 
at  said  annual  term  in  the  city  of  Seattle,  unless  it  be  stipulated  by 
the  parties  thereto  that  they  be  heard  at  San  Francisco.  All  other  ap- 
peals and  writs  of  error  from  said  District  Courts  for  those  districts 
shall  be  heard  at  San  Francisco,  unless  it  be  stipulated  by  the  parties 
thereto  that  they  be  heard  at  said  annual  term  in  the  city  of  Seattle. 
All  appeals  and  writs  of  error  from  the  District  Court  for  the  District 
of  Oregon,  the  transcripts  of  which  shall  be  filed  in  this  court  between 
the  first  day  of  April  and  the  first  day  of  August  of  each  year,  shall 
be  heard  at  said  annual  term  in  the  city  of  Portland,  unless  it  be  stipu- 
lated by  the  parties  thereto  that  they  be  heard  at  San  Francisco.  All 
other  appeals  and  writs  of  error  from  said  District  Court  for  that  dis- 
trict shall  be  heard  at  San  Francisco,  unless  it  be  stipulated  b}^  the 
parties  thereto  that  they  be  heard  at  said  annual  term  in  the  city  of 
Portland.  Appeals  and  writs  of  error  from  the  District  Courts  for  the 
Districts  of  Idaho  and  Montana,  and  from  the  District  Court  of  Alaska 
may,  upon  the  stipulation  of  the  parties  thereto,  be  heard  at  the  an- 
nual term  to  be  held  either  at  Seattle  or  Portland. 

Rule  37.  Photograph  of  Chinese  to  be  Attached  to  Bail  Bond. — 
Whenever,  in  cases  of  deportation  of  Chinese,  the  defendant  be  ad- 
mitted to  bail  pending  appeal,  before  the  bond  be  approved  and  the 
party  released  from  custody,  a  photograph  of  the  defendant  shall  be 
attached  to  said  bond. 


ADMIRALTY  RULES — UNITED  STATES  CIRCUIT  COURT  OF  APPEALS.      1097 

RULES  IN  ADMIRALTY— CIRCUIT  COURT  OF 
APPEALS,  NINTH  CIRCUIT. 

Rule  1.*  Appeals  and  New  Pleadings. — An  appeal  to  the  Circuit 
Court  of  Appeals  shall  be  taken  by  filing  in  the  office  of  the  Clerk  of 
the  District  Court,  and  serving  on  the  proctor  of  the  adverse  party  a 
notice  signed  by  the  appellant  or  his  proctor  that  the  party  appeals 
to  the  Circuit  Court  of  Appeals  from  the  decree  complained  of. 

The  appeal  shall  be  heard  on  the  pleadings  and  evidence  in  the  Dis- 
trict Court,  unless  the  Appellate  Court,  on  motion,  otherwise  order. 

Rule  2.  Notice  and  Bond. — Sec.  1.  When  a  notice  of  appeal  is 
served,  the  appellant  shall  file  in  the  Clerk's  office  of  the  District  Court 
a  bond  for  costs  of  the  appeal,  with  sufficient  surety  in  the  sum  of 
$250,  conditioned  that  the  appellant  shall  prosecute  his  appeal  to  effect 
and  pay  the  costs,  if  the  appeal  is  not  sustained.  Such  security  shall 
be  given  within  ten  days  after  filing  the  notice,  or  the  appeal  shall 
be  deemed  abandoned,  and  the  decree  of  the  court  below  enforced, 
unless  otherwise  ordered  by  a  Judge  of  this  court. 

Sec.  2.  And  if  the  appellant  desires  to  stay  the  execution  of  the 
decree  of  the  court  below,  the  bond  which  he  shall  give  shall  be  a  bond 
with  sufficient  surety  in  such  further  sum  as  the  Judge  of  the  District 
Court  or  a  Judge  of  this  court  shall  order,  conditioned  that  he  will 
abide  by  and  perform  whatever  decree  may  be  rendered  by  this  court 
in  the  cause,  or  on  the  mandate  of  this  court  by  the  court  below. 

Sec.  3.  The  appellant  shall,  on  filing  either  of  such  bonds,  give 
notice  of  such  filing,  and  of  the  names  and  residences  of  the  sureties, 
and  if  the  appellee,  within  two  days,  excepts  to  the  sureties  they  shall 
justify,  on  notice,  within  two  days  after  such  exception. 

Rule  3.  Review  in  Part  Only. — The  appellant  may  also,  at  his 
option,  state  in  his  notice  of  appeal  that  he  desires  only  to  review  one 
or  more  questions  involved  in  the  cause,  which  questions  must  be 
clearly  and  succinctly  stated ;  and  he  shall  be  concluded  in  this  behalf 
by  such  notice,  and  the  review  upon  such  an  appeal  shall  be  limited 
to  such  question  or  questions. 

Rule  4.  Apostles  on  Appeal  to  Contain. — Sec.  1.  The  apostles,  on 
an  appeal  to  this  court,  shall,  in  cases  where  a  general  notice  of  appeal 
is  served,  consist  of  the  following : 

(1)  A  caption  exhibiting  the  proper  style  of  the  court  and  the  title 
of  the  cause,  and  a  statement  showing  the  time  of  the  commencement 
of  the  suit ;  the  names  of  the  parties,  setting  forth  the  original  parties 
and  those  who  have  become  parties  before  the    appeal,  if  any  change 

*ThTs  rule  so  far  modifies  Rule  11  of  the  General  Rules  that  a  petition  for 
an  appeal  and  the  allowance  thereof  is  not  required  in  an  admiralty  case,  nor 
is  the  assignment  of  errors  required  to  be  filed  with  notice  of  appeal.  The 
assignment  of  errors  must,  however,  be  sent  up  to  the  appellate  court  with  the 
apostles,  as  required  in  Rule  4  of  the  Admiralty  Rules.  (Kenney  v.  Louie,  No. 
939.     Motion  to  dismiss  appeal  denied,  May  6,  1903.) 


1098 

has  taken  place ;  the  several  dates  when  the  respective  pleadings  were 
filed,  whether  or  not  the  defendant  was  arrested,  or  bail  taken,  or  prop- 
erty attached,  or  arrested,  and  if  so,  an  account  of  the  proceedings 
thereunder;  the  time  when  the  trial  was  had,  and  the  name  of  the 
Judge  hearing  the  same ;  whether  or  not  any  question  was  referred  to 
a  commissioner  or  commissioners,  and  if  so,  the  result  of  the  proceed- 
ings and  report  thereon;  the  date  of  the  entry  of  the  interlocutory 
and  final  decrees ;  and  the  date  when  the  notice  of  appeal  was  filed. 

(2)  All  the  pleadings,  with  the  exhibits  annexed  thereto. 

(3)  All  the  testimony  and  other  proofs  adduced  in  the  cause. 

(4)  The  interlocutory  decree  and  any  order  of  the  court  which  ap- 
pellant may  desire  to  have  reviewed  on  the  appeal. 

(5)  Any  report  of  a  Commissioner  or  Commissioners  to  which  excep- 
tion may  have  been  taken,  with  the  order  or  orders  of  the  court  respect- 
ing the  same,  and  the  exceptions  to  the  report,  and  so  much  of  the 
testimony  taken  in  the  proceeding  as  may  be  necessary  to  a  review 
of  the  exceptions. 

(6)  All  opinions  of  the  court,  whether  upon  interlocutory  ques- 
tions or  finally  deciding  the  cause. 

(7)  The  final  decree,  and  the  notice  of  appeal;  and 

(8)  The  assignments  of  error. 

Sec.  2.  All  other  papers  shall  be  omitted  unless  otherwise  ordered 
by  the  Judge  who  heard  the  cause. 

Sec.  3.  Where  the  appellant  shall  appeal  specially  and  seek  only 
to  review  one  or  more  questions  involved  in  the  cause,  the  apostles 
]^^y,  hy  stipulation  between  the  proctors  for  the  respective  parties, 
contain  only  such  papers  and  proceedings  and  evidence  as  are  neces- 
sary to  review  the  questions  raised  by  the  appeal. 

Rule  5.*  Certifjring  Records. — The  appellants  shall,  within  thirty 
days  after  giving  notice  of  appeal,  procure  to  be  filed  in  this  court 
the  apostles  certified  by  the  Clerk  of  the  District  Court,  or  in  case  of 
a  special  appeal,  the  stipulated  record,  with  the  certification  by  the 
said  Clerk  of  all  papers  contained  therein  on  file  in  his  office. 

Rule  6.  If  Appearance  of  Appellee  not  Entered. — If  the  appellee 
does  not  cause  his  appearance  to  be  entered  in  this  court  within  ten 
days  after  service  on  his  proctor  of  notice  that  the  apostles  are  filed 
in  this  court,  the  appellant  may  proceed  ex  parte  in  the  cause,  and  have 
such  decree  as  the  nature  of  the  case  may  demand. 

Rule  7.  New  Allegations,  etc. — ^Upon  sufficient  cause  shown,  this 
court,  or  any  Judge  thereof,  may  allow  either  appellant  or  appellee 
to  make  new  allegations  or  pray  different  relief  or  interpose  a  new 
defense,  or  make  new  proofs.  Application  for  such  leave  may  be  made 
at  any  time  after  the  perfecting  of  the  appeal  to  this  court,  and  within 
fifteen  days  after  the  filing  in  this  court  of  the  apostles,  and  upon 
at  least  four  days'  notice  to  the  adverse  party  or  his  attorney  of 
record. 


^See,  also,  General  Eule  17. 


RULES — UNITED  STATES  DISTRICT   COURT,   SOUTHERN  DISTRICT.      1099 

Rule  8.  New  Pleadings — New  Testimony. — ^If  leave  be  granted  to 
make  new  allegations,  pray  different  relief  or  interpose  a  new  defense, 
the  moving  party  shall,  within  ten  days  thereafter,  serve  such  new 
pleading,  duly  verified,  on  the  adverse  party,  who  shall,  if  such  plead- 
ing be  a  libel,  within  twenty  days  answer  on  oath. 

If  leave  be  given  to  take  new  testimony,  the  same  may  be  taken  and 
filed  within  thirty  days  after  the  entry  of  the  order  granting  such 
leave,  and  the  adverse  party  may  take  and  file  counter-testimony 
within  twenty  days  after  such  filing. 

Rule  9.  New  Testimony — How  Taken. — Such  testimony  shall  be 
taken  by  deposition  before  the  Clerk  of  this  court,  or  any  United 
States  Commissioner,  or  any  Clerk  of  a  District  Court  of  the  United 
States,  or  any  Notary  Public  upon  reasonable  notice,  in  writing,  given 
to  the  opposite  party  or  his  attorney  of  record,  either  in  this  court 
or  in  the  court  below,  which  notice  must  state  the  name  or  names  of 
the  witness  or  witnesses  and  the  time  and  place  of  taking  his  or  their 
deposition  or  depositions;  or  by  commission  issued  out  of  this  court 
with  interrogatories  annexed.  Upon  sufficient  cause  shown,  the  court 
may  grant  an  open  commission. 

Rule  10.  Printing  New  Pleadings  and  Testimony. — If  new  plead- 
ings are  filed  or  testimony  taken  in  this  court,  the  same  shall  also  be 
printed  and  furnished  by  the  Clerk,  as  in  the  23d  General  Rule  pro- 
vided. 

Rule  11.  Motions. — All  motions  shall  be  made  upon  at  least  four 
days'  notice. 

Rule  12.  Extension  of  Time. — The  time  specified  in  the  foregoing 
rules  for  any  proceeding  may  be  extended  by  order  of  a  Judge  of  this 
court. 

These  rules  shall  go  into  effect  on  the  first  Monday  of  October,  1900. 

RULES— UNITED    STATES    DISTRICT    COURT, 
SOUTHERN  DISTRICT  OF  CALIFORNIA. 

ATTORNEYS  AND  COUNSELORS. 

Rule  1.  Attorneys,  Who  Admitted.— No  person  shall  be  admitted 
to  practice  as  an  attorney  or  counselor  in  this  court,  unless  he  shall  have 
been  previously  admitted  in  the  Supreme  Court  of  the  United  States, 
or  the  Supreme  Court  of  this  State,  or  the  highest  court  of  a  sister 
State,  or  of  an  organized  Territory  of  the  United  States.  Satisfactory 
evidence  of  good  moral  character  will  be  required.  The  applicant, 
upon  his  admission,  shall  sign  the  roll  of  attorneys  and  counselors,  and 
take  and  subscribe  the  following  oath,  to  wit: 

"I  solemnly  swear  [or  affirm]  that  I  will  support  the  Constitution 
of  the  United  States ;  that  I  will  bear  true  faith  and  allegiance  to  the 
Government  of  the  United  States ;  that  I  will  maintain  the  respect  due 
to  the  courts  of  justice  and  judicial  officers;  and  that  I  will  demean 
myself  as  an  attorney  and  counselor  of  this  court  uprightly," 


1100  hillyer's  legal  manual. 

Rule  2.  Agreements  must  be  in  Writing. — No  agreement  between 
parties,  or  their  attorneys,  in  relation  to  the  proceedings  or  evidence 
in  an  action,  will  be  regarded,  unless  the  same  is  made  in  open  court, 
and  noted  in  its  minutes,  or  is  reduced  to  writing  and  subscribed  by 
the  party  or  attorney  against  whom  it  is  alleged. 

Rule  3.  Attorneys  not  Sureties,  etc. — No  officer  or  attorney  of  this 
court  shall  be  accepted  as  security  for  costs,  or  as  bail  of  any  kind. 

Rule  4.  Attorneys,  When  Witnesses,  etc. — If  the  attorney  or  counsel 
of  either  party  offers  himself  as  a  witness  on  behalf  of  his  client,  and 
gives  evidence  on  the  merits  on  the  trial,  he  shall  not  argue  the  case, 
or  sum  it  up  to  the  jury,  unless  by  consent  of  the  opposite  party,  and 
permission  of  the  Court. 

COMMON-LAW  RULES. 
Rule  6.  Commencement  of  Actions. — Actions  shall  be  commenced 
by  filing  a  complaint  with  the  Clerk  of  the  court.  The  summons  shall 
be  issued  by  the  Clerk  under  the  seal  of  the  court,  and  be  in  substance 
similar  to  that  used  in  the  courts  of  this  State,  except  that  it  shall  bear 
teste  of  the  judge  of  the  court,  and  shall  require  the  defendant  to 
appear  and  file  his  plea,  answer,  or  demurrer  in  the  office  of  the  Clerk 
of  the  court,  within  twenty  days  after  the  service  of  the  summons  upon 
him. 

Rule  7.  Dismissal  of  Actions — Failure  to  Prosecute. — Whenever  a 
complainant  shall  fail  to  have  process  issued  upon  any  complaint  here- 
after filed  in  this  court,  within  one  year  after  the  filing  thereof  against 
any  defendant  named  therein,  who  has  not  voluntarily  made  a  general 
appearance  in  the  action,  or  who  shall  fail  to  make  a  bona  fide  effort  to 
procure  service  of  summons  upon  such  defendant  within  sixty  days  after 
the  issuing  thereof,  such  defendant  may,  upon  due  notice  to  the  com- 
plainant, have  said  complaint  dismissed  for  want  of  prosecution;  but 
this  rule  shall  not  affect  the  right  of  the  court  to  dismiss  actions  for 
want  of  prosecution  in  other  proper  cases. 

Rule  8.  Service  of  Summons  and  Default. — Service  of  summons 
shall  be  made  by  the  marshal  of  the  district  in  person,  or  by  his  duly 
appointed  deputy.  A  copy  of  the  complaint  and  a  copy  of  the  summons, 
certified  by  the  Clerk  or  the  plaintiff's  attorney,  shall  be  served  per- 
sonally upon  each  defendant ;  and  in  case  the  defendant  fails  to  appear 
and  file  his  plea,  answer,  or  demurrer,  in  conformity  with  the  require- 
ments of  the  summons,  the  Clerk  shall,  on  the  written  request  of  the 
plaintiff  or  his  attorney — to  be  filed  in  the  case — enter  his  default ;  and 
thereafter  the  proceedings  in  the  action  shall  be  in  conformity  with  the 
practice  prescribed  for  the  State  courts  by  the  statutes  of  the  State  in 
like  cases. 

Rule  9.  Matters  of  Abatement. — All  matters  in  abatement  shall  be 
set  up  in  a  separate  preliminary  answer,  in  the  nature  of  a  plea  in 
abatement,  to  which  the  plaintiff  may  reply  or  demur;  and  the  issue  so 
joined  shall  be  determined  by  the  court  before  the  matters  in  bar  are 


RULES — UNITED  STATES  DISTRICT   COURT,   SOUTHERN  DISTRICT.      1101 

pleaded.  And  when  any  matter  in  abatement,  other  than  such  as  affects 
the  jurisdiction  of  the  court,  shall  be  pleaded  in  the  same  answer  with 
matter  in  bar,  or  to  the  merits,  or  simultaneously  with  an  answer  of 
matter  in  bar,  or  to  the  merits,  the  matter  so  pleaded  in  abatement  shall 
be  deemed  to  be  waived.  When  the  matter  so  pleaded  in  abatement 
consists  of  matters  of  fact,  the  plea  or  preliminary  answer  shall  be  sworn 
to.  And  when  matters  showing  that  the  court  has  no  jurisdiction,  which 
might  have  been  pleaded  in  abatement,  are  first  developed  during  the 
proceedings  in  the  cause  upon  the  merits,  the  court  will,  upon  its  own 
motion,  dismiss  or  remand  the  case  and,  in  its  discretion,  tax  the  costs 
of  such  proceedings  upon  the  merits,  so  far  as  is  practicable  to  the  party 
most  in  fault  in  not  presenting  such  matters  in  some  proper  mode  before 
proceeding  upon  the  merits. 

Rule  10.  Demurrers,  Special  Pleas,  etc..  Certificate  of  Counsel. — No 
demurrer  or  special  plea  or  answer  to  a  complaint  shall  be  allowed  to 
be  filed,  unless  accompanied  by  a  certificate  of  counsel,  that,  in  his 
opinion,  it  is  well  founded  in  point  of  law^ 

Rule  11.  Schedules  of  Title  Furnished. — In  the  trial  of  an  action  to 
recover  lands  or  tenements,  the  attorneys  for  the  respective  parties, 
plaintiff  and  defendant,  shall  place  in  the  hands  of  the  court,  before  the 
trial,  schedules  of  the  documentary  evidence  of  title,  chronologically 
arranged,  which  they,  respectively,  propose  to  introduce  as  testimony. 

Rule  12.  One  Counsel  to  Examine  Witness,  Order  of  Proceedings, 
etc. — On  trials  of  issues  of  fact,  only  one  counsel  on  each  side  shall 
examine  or  cross-examine  a  witness,  and  only  one  counsel  on  each  side 
shall  sum  up  the  cause,  unless  the  court  shall  otherwise  direct.  The 
party  having  the  affirmative  shall  be  entitled  to  begin,  and  shall,  before 
introducing  his  testimony,  open  his  case  by  stating  generally  what  he 
expects  to  prove.  The  other  party  may,  either  then  or  after  the  adverse 
party  rests  his  testimony,  state  what  he  expects  to  prove.  After  the 
testimony  is  closed,  the  party  holding  the  affirmative  may  address  the 
jury,  and  shall,  if  desired  by  the  opposite  party,  state  his  points  and 
refer  to  his  authorities,  or  be  precluded  from  a  reply ;  the  party  holding 
the  negative  of  the  issue  may  then  sum  up  his  case,  and  the  party 
holding  the  affirmative  may  close. 

Rule  13.  Instructions  to  Jury,  When  must  be  Presented  to  Court. — 
In  causes  civil  or  criminal  tried  by  a  jury,  any  special  charge  or  instruc- 
tions asked  for  by  either  party  must  be  presented  to  the  court  in  writing 
directly  after  the  close  of  the  evidence,  and  before  any  argument  is  made 
to  the  jury,  or  they  will  not  be  considered. 

Rule  14.  Calling  Parties.— It  shall  not  be  necessary  to  call  the 
plaintiff's  attorney  in  criminal  cases;  and  in  civil  cases,  and  in  criminal 
cases  not  charging  a  felony,  it  shall  not  be  necessary  to  call  either  party 
before  receiving  the  verdict  of  the  jury. 

JUDGMENTS. 
Rule  15.    Judgment-rolls  Signed— Costs.— The  Clerk  or  his  deputy 
may  tax  costs  in  cases  at  law  and  in  equity,  and  in  actions  at  law  sign 
judgment-rolls. 


1102 

Rule  16.  Ibid.,  What  to  Embrace. — Immediately  after  entering  the 
jiidfrment,  the  Clerk  shall  attach  together  and  file  the  following  papers, 
which  shall  constitute  the  judgment-roll: 

First — In  case  the  complaint  is  not  answered  by  any  defendant,  the 
summons,  with  the  proof  of  service,  the  complaint,  and  a  copy  of  the 
entry  of  the  default  of  the  defendant,  and  a  copy  of  the  judgment. 

Second — In  all  other  cases  the  summons,  pleadings,  verdict  of  the 
jury,  or  finding  of  the  court,  referee,  or  commissioner;  copies  of  orders 
sustaining  or  overruling  demurrers,  and  of  all  orders  relating  to  a  change 
of  the  parties,  and  a  copy  of  the  judgment.  The  judgment-roll  shall 
be  made,  signed  by  the  Clerk  or  his  deputy,  and  filed  before  judgment 
is  docketed,  or  an  execution  issued  thereon.  The  judgment  shall  be 
entered  in  the  judgment-book,  unless  otherwise  ordered  by  the  court,  as 
soon  as  practicable  after  having  been  rendered ;  or  in  case  of  a  jury  trial, 
as  soon  as  practicable  after  the  rendition  of  the  verdict.  Proper  entries 
of  the  judgment,  under  appropriate  heads,  shall  be  made  by  the  Clerk 
in  the  docket-book  kept  by  him  immediately  after  the  judgment-roll  is 
filed.  The  docket-book  shall  have  each  page  divided  into  columns,  so  as 
to  exhibit  at  one  view  the  dates  of  the  judgments,  their  amounts,  the 
executions  sued  out,  the  time  of  their  issuing,  the  returns  thereon,  and 
the  dates  of  satisfaction,  with  a  column  for  miscellaneous  matter. 

Rule  17.  Memorandum  of  Costs. — The  party  in  whose  favor  a  judg- 
ment at  law  or  decree  in  equity  is  rendered,  and  who  claims  his  costs, 
shall,  unless  otherwise  ordered  by  the  court,  within  five  days  after  the 
entry  of  judgment  or  decree,  deliver  to  the  Clerk  of  the  court,  and  serve 
on  the  attorney  or  solicitor  of  the  adverse  party,  a  copy  thereof,  together 
with  a  notice  of  application  to  have  the  same  taxed,  a  memorandum  of  his 
costs  and  necessary  disbursements  in  the  action  or  proceeding,  distinctly 
specifying  each  item  so  that  the  nature  of  the  charge  can  be  readily 
understood;  which  memorandum  shall  be  verified  by  the  oath  of  the 
party,  or  his  agent,  attorney,  or  solicitor,  or  by  the  clerk  of  such  attorney 
or  solicitor,  stating  that  the  items  are  correct,  and  that  the  disbursements 
have  been  necessarily  incurred  in  the  action  or  proceeding,  and  shall  be 
accompanied  by  the  evidence  of  service  thereof,  and  of  said  notice,  upon 
the  attorney  or  solicitor  of  the  adverse  party. 

The  notice  shall  specify  the  hour  at  which  application  to  the  Clerk  to 
tax  the  costs  will  be  made,  and  shall  not  be  less  than  one  nor  more  than 
three  days  from  the  date  of  the  notice.  Upon  a  failure  to  file  such  memo- 
randum, notice  and  evidence,  the  costs  other  than  the  Clerk's  costs  (which 
may  be  inserted  in  the  judgment  or  decree  without  such  memorandum) 
shall  be  deemed  waived. 

In  all  cases  where  compensation  is  claimed  for  keeping  personal  prop- 
erty attached  or  taken  on  mesne  process,  the  party  delivering  to  the 
Clerk  such  memorandum  of  costs  shall  annex  thereto  a  petition  of  the 
marshal  under  oath,  fully  setting  forth  the  facts  out  of  which  such  claim 
for  compensation  arose ;  stating  the  character,  amount,  and  value  of  the 
property  attached  or  taken ;  the  facts  showing  the  necessity  for  employ- 
ing a  keeper,  or  renting  a  room,  or  other  acts  performed  in  keeping  said 


1103 

property,  and  the  reasonable  necessary  value  of  the  services,  in  such 
manner  that  the  court  can  determine  from  the  facts  the  proper  compen- 
sation to  be  allowed.  And  the  said  facts  so  set  out  may  be  controverted 
by  the  opposing  party  in  the  mode  provided  in  Rule  18,  and  thereupon 
the  Clerk  shall  allow  and  fix  such  amount  as  he  shall  deem  reasonable 
as  in  the  case  of  other  items  of  costs,  subject  to  appeal  as  in  other  cases 
provided  in  these  rules. 

Rule  18.  Taxation  of  Costs. — At  the  time  specified  in  the  notice, 
the  party  objecting  to  any  item  of  costs  contained  in  the  said  memoran- 
dum shall  present  his  objections,  either  orally  or  in  writing,  specifying 
each  item  to  which  objection  is  made,  and  the  ground  of  the  objection, 
and  file  any  affidavit,  or  other  evidence  relied  on,  if  any  there  be,  to 
support  his  objections,  which  evidence  may  be  rebutted  by  other  evidence. 
The  Clerk  shall  thereupon  proceed  to  tax  the  costs,  and  shall  allow  such 
items  specified  in  said  memorandum  as  are  properly  chargeable  as  costs, 
and  shall  include  in  the  judgment  or  decree  entered,  any  interest  on  the 
verdict  or  decision  of  the  court  from  the  time  it  was  rendered.  And  he 
shall,  within  two  days  after  the  costs  shall  be  finally  taxed,  insert  the 
same  in  a  blank  left  in  the  judgment  or  decree  for  the  purpose,  and  shall 
make  a  similar  insertion  of  the  costs  in  the  copies  and  docket  of  the  judg- 
ment or  decree.  The  taxation  of  costs  made  by  the  Clerk  shall  be  final, 
unless  modified  on  appeal,  as  provided  in  Rule  19. 

Rule  19.  Retaxation  of  Costs. — An  appeal  from  the  decision  of  the 
Clerk,  in  the  taxation  of  costs,  may  be  taken  to  the  court,  or  judge,  orally, 
by  either  party,  instanter,  or  by  motion  to  retax  upon  written  notice  of 
not  less  than  one  nor  more  than  two  days,  given  and  filed  with  the  Clerk, 
within  two  days  after  the  costs  have  been  taxed  in  the  Clerk's  office,  but 
not  afterward. 

When  taken  upon  notice,  the  notice  of  motion  to  retax  shall  particu- 
larly specify  the  rulings  of  the  Clerk  excepted  to,  and  no  others  will  be 
noticed  on  the  hearing. 

The  motion  will  be  heard  upon  the  same  papers  and  evidence  used 
before  the  Clerk. 

Rule  20.  Sale  of  Real  Estate  Under  Execution. — In  the  sale  of  real 
estate  under  execution  issuing  from  this  court,  the  marshal  shall  conform 
his  proceedings  to  the  directions  of  the  laws  of  this  State  in  force  at  the 
time  of  the  sale  in  relation  to  the  sale  of  real  estate  on  execution,  and, 
in  addition  to  the  certificate  filed  with  the  recorder  of  the  county  where 
the  lands  sold  are  situated,  shall  file  a  copy  thereof  with  the  Clerk  of  this 
court. 

Rule  21.  Redemptions  of  Lands  Sold  Under  Execution. — ^Redemp- 
tions of  lands  sold  under  execution  out  of  this  court  may  be  made  in  the 
same  manner,  and  with  like  efi'ect,  and  by  the  same  persons,  as  prescribed 
by  the  laws  of  this  State  in  force  at  the  time  of  the  sale.  And  the  sales 
by  the  marshal  shall  be  made  subject  to  such  redemption. 

EXCEPTIONS  AND  NEW  TRIALS. 
Rule  22.     Bills  of  Exceptions  to  Charge  of  Court,  When  and  How 
Made. — The  party  excepting  to  the  charge  of  the  court  to  the  jury  must 


1104  HILLYER^S  LEGAL   MANUAL. 

specify  distinctly  the  several  matters  of  law  in  the  charge  to  which  he 
excepts.  Such  matters  of  law,  only,  will  be  inserted  in  the  bill  of  excep- 
tions, and  allowed  by  the  court.  All  exceptions  to  the  charge  of  the 
court  to  the  jury  shall  be  specified  in  writing  immediately  on  the  conclu- 
sion of  the  charge,  and  handed  to  the  court  before  the  jury  leave  the  box. 
The  bill  of  exceptions  must  be  prepared  in  form,  and  presented  to  the 
judge  within  ten  days  after  verdict,  and  in  default  thereof,  the  excep- 
tions will  be  deemed  waived. 

Rule  23.  New  Trials. — All  notices  of  motions  for  new  trials  must 
be  given  within  ten  days  after  the  rendition  of  the  verdict,  or  the  deci- 
sion sought  to  be  set  aside,  and  shall  state  generally  the  grounds  of  the 
motion,  and  whether  it  will  be  made  on  affidavits ;  on  the  minutes  of  the 
court  (which  for  the  purposes  of  this  rule  shall  be  deemed  to  include  the 
notes  of  the  evidence  taken  by  the  judge,  reporter,  or  other  authorized 
person ;  all  other  testimony  in  the  case,  and  all  rulings  made  and  excepted 
to  in  the  progress  of  the  trial)  and  the  pleadings  and  proceedings  on  file 
in  the  Clerk's  office.  Whether  made  upon  the  minutes  of  the  court,  and 
the  pleadings  and  proceedings  in  the  Clerk's  office,  or  upon  the  ground 
of  newly  discovered  evidence,  or  other  grounds  shown  by  affidavits,  the 
motion  shall  be  brought  on  for  argument  on  the  first  succeeding  ' '  motion 
day"  of  the  term  at  which  it  can  be  heard,  after  giving  notice;  and  in 
the  latter  cases  a  copy  of  the  affidavits  upon  which  the  motion  is  based 
shall  be  served  on  the  attorney  of  the  adverse  party  two  days  before  said 
motion  day. 

Rule  24.  General  Verdicts  Subject  to  Opinion  of  Court. — General 
verdicts  may  be  taken  subject  to  the  opinion  of  the  court,  on  a  case  to  be 
prepared  by  the  party  in  whose  favor  the  verdict  is  taken,  containing 
all  the  material  evidence  given  at  the  trial.  The  case  shall  be  prepared, 
and  a  copy  served  on  the  attorney  of  the  adverse  party,  within  ten  days 
after  taking  the  verdict,  and  afterward  amended  and  settled  within  the 
time  and  in  the  manner  prescribed  by  these  rules  for  settling  bills  of 
exceptions. 

Rule  25.  Exceptions,  How  Taken. — Where  exceptions  are  taken,  or 
there  is  a  demurrer  to  evidence,  the  party  shall  not  be  required  to  pre- 
pare at  the  trial  his  bill  of  exceptions,  or  demurrer  and  statement  of 
evidence,  but  shall  merely  reduce  such  exceptions  to  writing,  or  make 
a  minute  of  the  demurrer  to  the  evidence,  as  the  case  may  be,  and  deliver 
it  to  the  judge.  The  bill  or  demurrer  shall,  within  ten  days  after  the 
termination  of  the  trial,  be  drawn  up,  filed,  and  a  copy  be  served  on  the 
attorney  of  the  adverse  party,  who,  within  five  days  thereafter,  may 
prepare,  serve,  and  file  amendments  thereto ;  and  in  default  thereof,  the 
right  to  propose  amendments  shall  be  deemed  waived,  in  which  case, 
within  five  days  thereafter,  the  proposed  bill  may  be  presented  by  the 
moving  party  to  the  judge  for  allowance.  If  amendments  are  served 
and  filed  within  the  time  allowed,  they  shall  be  deemed  assented  to  by 
the  party  proposing  the  bill,  and  may,  in  like  time  and  manner,  be  pre- 
sented to  the  judge  for  allowance,  unless  the  said  party,  within  three 
days  after  receiving  a  copy  of  such  amendments,  shall  notify  the  oppos- 


RULES — UNITED   STATES   DISTRICT   COURT,   SOUTHERN  DISTRICT.       1105 

ing  attorney  of  his  dissent,  and  that  at  a  time  and  place  specified,  not 
less  than  two  nor  more  than  five  days  distant,  he  will  present  the  pro- 
posed bill  and  amendments  to  the  judge  for  settlement,  and  in  that  case 
the  bill  shall  be  so  presented.  In  all  cases  where  a  party  proposing  a 
bill  of  exceptions  fails  to  present  his  bill,  or  bill  and  the  proposed  amend- 
ments, to  the  judge,  for  allowance  or  settlement,  within  the  time  limited 
as  aforesaid,  his  bill  of  exceptions  shall  be  deemed  abandoned,  and  his 
right  thereto  waived.  In  case  of  the  absence  of  the  judge  at  the  time 
for  presenting  a  bill  of  exceptions  for  allowance  or  settlement,  the  party 
proposing  it  may,  upon  one  day's  notice  to  the  opposing  attorney,  when 
amendments  have  been  proposed,  otherwise  without  notice,  and  within 
the  times  limited  for  so  presenting  it,  direct  the  Clerk  of  the  court  to 
transmit  by  mail  or  express  to  the  judge,  for  allowance  or  settlement,  the 
proposed  bill,  or  bill  and  amendments,  as  the  case  may  be,  together  with 
such  other  papers  as  may  be  deemed  necessary  or  convenient  to  the  judge 
in  settling  the  same ;  and  it  shall  be  the  duty  of  the  Clerk,  the  expenses 
thereof  having  been  first  paid  by  the  party,  to  forward  the  same  to  the 
judge,  in  pursuance  of  such  directions,  and  to  file  a  memorandum  of  his 
action,  together  with  the  date,  among  the  papers  in  the  case.  Either 
party  may  transmit  with  such  papers  a  memorandum,  stating  his  points, 
and  referring  to  such  portions  of  the  evidence  or  record  as,  in  his  judg- 
ment, may  conduce  to  a  correct  settlement  of  the  bill  of  exceptions;  or, 
upon  stipulation  of  the  parties,  the  proposed  bill  and  amendments  may 
be  retained  by  the  Clerk,  and  be  by  him  delivered  to  the  judge  upon  his 
return. 

Rule  26.  Notice  of  Motion  to  Stay  Proceedings  Pending  Motion  for 
New  Trial. — When  judgment  has  been  entered  upon  the  verdict,  or 
other  decision,  notice  shall  be  given  to  the  adverse  party  of  any  motion 
to  stay  execution  thereon. 

Rule  27.  Motion  for  New  Trial,  etc.,  not  to  Delay  Entry  of  Judg- 
ment.— A  notice  of  motion  for  a  new  trial,  or  in  arrest  of  judgment, 
shall  not  delay  the  entry  and  docketing  of  the  judgment,  except  when 
proceedings  are  stayed  by  order  of  the  court  or  one  of  the  judges.  If 
the  motion  be  sustained,  the  judgment  shall  be  set  aside. 

Rule  28.  No  Arrest  of  Judgment  After  New  Trial. — No  motion  in 
arrest  of  judgment  shall  be  heard  after  a  new  trial  once  had ;  but  motions 
in  arrest  of  judgment,  and  for  a  new  trial,  may,  in  the  first  instance,  be 
simultaneously  made. 

Rule  29.  No  Waiver. — A  motion  for  a  new  trial  shall  not  be  deemed 
a  waiver  of  any  bill  of  exceptions  taken;  but  a  writ  of  error  or  appeal 
taken,  pending  a  motion  for  new^  trial,  or  application  for  rehearing,  shall 
be  deemed  a  waiver  of  such  motion  or  application. 

COMMISSIONS  AND  DEPOSITIONS. 

Rule  30.  Depositions  of  Infirm  Witnesses. — A  rule  to  take  the  depo- 
sitions of  ancient  and  infirm  witnesses,  to  be  read  in  evidence  on  the 
usual  terms,  is  of  course,  and  may  be  entered  by  the  Clerk  upon  the 

70 


1106 

request  of  either  party,  stipulatinti^  a  reasonable  written  notice  to  the 
adverse  party ;  so  of  a  rule  for  a  commission  to  any  of  the  United  States. 

Rule  31.  Ibid.,  Before  Whom  Taken. — Depositions  may  be  taken 
before  any  of  the  commissioners  of  any  court  of  the  United  States ;  and 
commissions  may  be  executed  by  any  person  qualified  to  take  testimony 
according  to  the  laws  of  the  State  to  which  the  commission  issues,  or  by 
any  person  or  persons  agreed  on  by  the  parties,  or  by  such  person  or  per- 
sons as,  in  the  absence  of  any  agreement,  shall  be  designated  by  one  of 
the  judges  of  this  court.  The  commission  may  be  directed  to  one  or 
three ;  but  no  costs  shall  be  taxed  for  the  service  of  more  than  one  com- 
missioner, unless  both  parties  unite  in  requiring  a  greater  number. 

Rule  32.  Conmiissions,  How  Obtained. — Either  party  to  a  cause, 
wishing  to  sue  out  a  commission,  shall  first  file  in  the  Clerk's  office  a 
copy  of  the  interrogatories  to  be  propounded  to  the  witnesses,  and  shall 
give  five  days'  notice  to  the  adverse  party,  or  his  attorney,  and  serve  on 
him  a  copy  of  the  interrogatories  and  rule  for  commission ;  and  the  cross- 
interrogatories  shall  be  filed  within  five  days  after  such  notice  and  ser- 
vice. When  such  cross-interrogatories  have  been  filed,  the  party  filing 
them  shall  give  notice  thereof  to  the  adverse  party;  and  all  objections 
or  exceptions  to  the  interrogatories  filed  must  he  made  in  writing.  The 
interrogatories,  when  objected  to  hy  either  party,  must  he  settled  hy  one 
of  the  judges  hefore  the  commission  is  issued.  At  the  expiration  of  five 
days  from  the  filing  of  the  interrogatories,  if  no  objections  or  exceptions 
to  them  are  filed,  or,  if  filed,  immediately  after  the  same  are  settled,  the 
commission  shall  issue  with  certified  copies  of  the  interrogatories  at- 
tached, directed  to  such  person  or  persons  as  shall  be  agreed  on  by  the 
parties  with  the  assent  of  one  of  the  judges  or  of  the  Clerk,  or  in  case  of 
no  written  agreement  by  the  parties,  to  some  one  authorized  by  these  rules 
to  execute  it. 

Rule  33.  Commission,  How  Opened. — When  a  commission  is  re- 
turned, it  may  be  opened  by  the  Clerk  at  any  time,  by  consent  in  writing 
of  the  parties  indorsed  on  the  commission,  or  filed  in  the  cause,  or  by 
order  of  one  of  the  judges.  The  commission  when  returned  shall  be  the 
property  of  both  parties,  and  remain  with  the  Clerk,  to  be  used  by  either. 

Rule  34.  Commissions,  Exceptions  to  Execution  of,  etc. — On  the 
return  and  opening  of  the  commission,  either  party  may  give  notice 
thereof  to  the  opposite  party,  who  shall,  within  ten  days  after  service  of 
such  notice,  file  with  the  Clerk,  and  serve  a  copy  thereof  on  the  attorney 
of  the  adverse  party,  a  specification  of  his  exceptions,  if  he  have  any,  to 
the  execution  of  the  commission,  to  the  mode  of  swearing  the  witnesses, 
or  to  the  acts  or  omissions  of  the  commissioner,  or  of  any  other  person 
or  persons  in  or  about  the  same.  No  exceptions  on  any  of  these  grounds 
to  the  admissibility  of  the  evidence  so  returned  or  filed,  not  included  in 
such  specifications,  shall  be  taken  on  the  trial  of  the  cause;  and  in  no 
case,  where  a  deposition  has  been  filed  before  the  day  on  which  the  case 
is  called  for  trial,  shall  an  exception  on  any  of  said  grounds  be  taken  at 
the  trial,  unless  it  has  been  specified  in  writing  and  presented  to  the 
court  for  its  decision  before  a  jury  is  impaneled  in  the  case.     Provided, 


RULES — ^UNITED  STATES  DISTRICT   COURT,   SOUTHERN  DISTRICT.      1107 

that  nothing  herein  shall  be  so  construed  as  to  sanction  the  reading  of 
the  answers  of  a  witness,  resident  within  one  hundred  miles  of  the  place 
of  trial. 

Rule  35.  Ibid.,  Decisions  on  Exceptions. — In  all  cases  of  exceptions 
filed  or  specified  as  above,  by  either  party,  any  party  may,  before  the 
trial  of  the  cause,  on  motion,  obtain  a  decision  of  the  court  upon  the 
sufficiency  or  insufficiency  of  the  exceptions;  and  such  decision  shall 
not  be  reconsidered  upon  the  trial ;  but  a  bill  of  exceptions  thereto  shall 
be  signed,  if  required,  at  the  trial,  in  the  same  manner  as  if  the  decision 
had  taken  place  during  the  trial. 

MOTIONS. 

Rule  36.  Mondays  Motion  Days,  etc. — Mondays  shall  be  "Motion 
Days"  on  which  will  be  heard  ex  parte  motions;  motions  for  judgments 
on  special  verdicts,  agreed  statements  of  facts,  or  otherwise;  motions 
for  new  trials  and  injunctions ;  and  all  other  motions  of  which  notice  to 
the  adverse  party  is  required  to  be  given.  Upon  reading  and  filing  the 
notice  of  motion,  with  proof  of  due  service  thereof,  and  of  copies  of  the 
papers  upon  which  the  motion  is  made,  if  no  one  appears  to  oppose  it, 
the  moving  party  shall  be  entitled  to  a  decision  of  the  motion.  The  affi- 
davits to  be  used  by  either  party,  before  being  read  on  the  hearing,  shall 
be  respectively  indorsed  with  the  title  of  the  cause  and  name  of  the  attor- 
ney presenting  them,  and  marked  filed  by  the  Clerk.  Upon  the  decision 
of  the  motion,  the  Clerk  shall  attach  together  the  notice  and  affidavits, 
and  indorse  the  same  as  having  been  read  on  the  hearing.  The  counsel 
succeeding  shall  prepare  a  draft  of  the  order.  On  ' '  Law  Days, ' '  and  the 
first  days  of  terms,  the  business  usually  assigned  to  those  days  shall  take 
precedence  of  ordinary  contested  motions. 

Rule  37.  Motions,  Service  of  Papers,  and  Time. — When  a  written 
notice  of  motion  is  necessary,  it  shall  be  given  five  days  before  the  time 
appointed  for  the  heariiig ;  but  the  court,  or  one  of  the  judges,  may  by 
special  order  prescribe  a  shorter  time.  A  copy  of  all  papers  to  be  used 
by  the  moving  party,  except  those  before  on  file  in  the  Clerk's  office,  shall 
be  served  with  the  notice  of  motion.  The  notice  shall  specify  the  papers 
upon  which  the  moving  party  will  rely. 

Rule  38.  Motion  Days,  Order  of  Proceedings. — On  motion  days  the 
order  of  business,  unless  otherwise  directed  by  the  court,  shall  be  as 
follows : 

1st.  Rendering  decisions  in  such  matters  before  submitted  as  are  ready 
for  decision. 

2d.  Ex  parte  motions. 

3d.  Contested  motions. 

Attorneys  having  motions  on  motion  days  will  hand  to  the  Clerk  a 
memorandum  containing  the  title  of  the  cause  in  which  the  motion  will 
be  made,  and  the  name  of  the  attorney  moving;  also  designating  it  as 
**ex  parte/*  or  "contested,"  as  the  case  may  be.  The  Clerk  will  make 
tw^o  calendars  from  the  memoranda  so  furnished,  one  oi"ex  parte/*  and 


1108 

the  other  of  **  contested "  motions,  placing  the  motions  on  the  calendar 
in  the  order  in  which  they  were  received  by  him.  The  memoranda  may 
be  handed  to  the  Clerk  at  any  time  during  the  week,  and  up  to  the  open- 
ing of  court  on  motion  day.  No  motions  will  be  heard,  except  those  on 
the  calendars,  till  the  calendars  are  disposed  of. 

CALENDAR. 

Rule  39.  Calendar,  When  and  How  Made  Up.— Five  days  before 
the  commencement  of  every  term  the  Clerk  shall  prepare  two  calendars, 
one  of  which,  to  be  designated  the  ''Law  Calendar,"  shall  contain  all 
causes  pending  before  the  court,  and  ready  for  argument  on  demurrer 
or  exceptions  to  pleadings,  whether  causes  at  law  or  in  equity ;  the  other — 
to  be  known  as  the  ''General  Trial  Calendar" — ^shall  contain  all  causes 
which  are  ready  for  hearing,  or  trial,  whether  the  same  are  criminal 
causes,  or  civil  causes  at  law,  in  equity,  or  on  appeal,  or  writ  of  error. 
Causes  in  which  issue  is  joined,  or  which  are  brought  into  this  court  on 
appeals,  or  writs  of  error,  and  which  are  in  a  condition  to  be  heard 
before  the  calling  of  the  "General  Trial  Calendar"  on  the  first  day  of 
the  term,  will  also  be  placed  thereon  as  of  course;  but  civil  causes  not 
in  a  condition  to  go  upon  the  calendar  before  such  call  will  only  be  put 
upon  the  "General  Trial  Calendar"  by  order  of  the  court,  upon  motion 
on  notice  to  the  adverse  party.  Causes  will  be  entered  upon  the  "Law 
Calendar"  at  any  time  during  the  term,  when  at  issue,  or  ready  for 
argument. 

Rule  40.  Special  Calendars.— The  "General  Trial  Calendar"  shall 
be  divided  into  special  calendars,  arranged  in  the  following  order: 

1st.  Of  criminal  causes. 

2d.  Of  civil  causes  in  which  the  United  States  is  a  party. 

3d.  Of  other  civil  causes  at  law  and  in  equity. 

The  causes  on  each  special  calendar  shall  be  arranged  in  the  order  of 
the  dates  of  their  issues ;  and  the  Clerk  shall  indicate  opposite  each  civil 
cause  whether  it  is  an  action  at  law  or  in  equity ;  and  in  actions  at  law 
in  which  a  stipulation  waiving  a  jury  has  been  filed,  that  fact  shall  be 
noted. 

Rule  41.  General  Trial  Calendar  When  and  How  Called  and  Dis- 
posed of,  etc. — The  "General  Trial  Calendar"  will  be  called  on  the  first 
day  of  each  term,  and  all  causes  be  then  set  for  trial  for  some  particular 
day,  continued  for  the  term,  or  otherwise  disposed  of.  Unless  otherwise 
specially  ordered,  causes  to  be  tried  by  a  jury  will  be  set  together  in  the 
first  part  of  the  term ;  and  causes  in  which  a  jury  is  waived,  and  equity 
causes,  will  be  set  together  in  the  latter  part  of  the  term.  In  order  that 
causes  may  be  properly  set,  counsel  will  be  expected  to  file  their  stipula- 
tions in  writing,  waiving  a  jury  before  or  at  this  call  of  the  calendar; 
but  a  jury  may  be  waived  at  any  time  by  special  leave  of  the  court. 
Subject  to  the  foregoing  provisions,  causes  will  be  set  for  trial  in  the 
same  order  as  that  in  which  they  stand  on  the  "General  Trial  Calendar," 
unless,  for  special  reasons,  the  court  shall  otherwise  direct ;  and  all  appli- 
cations for  setting  a  cause  out  of  its  regular  order,  and  to  correct  the 


RULES — UNITED  STATES  DISTRICT   COURT,   SOUTHERN  DISTRICT.      1109 

calendar,  must  be  made  on  this  call.  Causes  not  answered  to  by  either 
party  on  this  call  of  the  ''General  Trial  Calendar"  will  be  continued 
for  the  term;  and  on  the  third  call  of  a  cause  on  the  ''General  Trial 
Calendar, ' '  without  answer  from  either  party,  will  be  dismissed  for  want 
of  prosecution. 

Rule  42.  Law  Calendar,  When  and  How  Disposed  of,  etc. — On  the 
second  day  of  each  term,  unless  otherwise  ordered  by  the  court,  and  on 
each  subsequent  rule  day  of  the  term  upon  which  the  court  is  in  session, 
the  Law  Calendar  will  be  called  and  disposed  of ;  and  such  days  shall  be 
known  in  these  rules  as  "Law  Days."  Upon  the  regular  call  of  the  law 
calendar,  when  no  counsel  appears  to  support  a  demurrer  or  exception, 
it  will  be  overruled  without  any  examination  of  the  record ;  and  a  motion 
for  new  trial,  under  like  circumstances,  will  in  like  manner  be  denied. 

Rule  44.  Absence  of  Parties  When  Cause  Called,  etc. — When  a 
cause  is  regularly  called  for  hearing  or  trial,  if  the  complainant  or  plain- 
tiff fails  to  appear,  or  to  proceed  to  a  hearing  or  trial,  unless  for  sufficient 
cause  shown  the  court  shall  otherwise  direct,  the  defendant  may  have 
the  cause  dismissed.  If  the  defendant  fails  to  appear,  the  plaintiff  may 
proceed  ex  parte.  If  neither  party  appears,  the  cause  may  be  continued 
or  dismissed  in  the  discretion  of  the  court. 

MISCELLANEOUS  EULES  OF  GENERAL  APPLICATION. 

Rule  45.  Copies  of  Pleadings  Served. — A  party  filing  a  pleading 
other  than  a  complaint,  or  bill  in  equity,  must,  within  the  time  required 
to  file  the  same,  serve  a  copy  thereof  on  the  attorney,  solicitor,  or  proctor 
of  the  adverse  party. 

Rule  46.  Pleadings,  etc.,  How  Engrossed,  Paged,  Numbered,  In- 
dorsed, etc. — All  pleadings,  before  being  filed,  shall  have  the  pages  and 
lines  numbered  in  the  margin.  All  pleadings  and  documents  intended 
for  the  files  of  the  court  shall  be  on  white  paper  known  as  "Legal  Cap," 
of  good  quality,  and  either  printed,  or  written  in  a  plainly  legible  hand, 
or  legibly  typewritten,  without  erasures  or  interlineations,  except  slight 
corrections,  which  must  be  noted  by  the  Clerk  and  attested  by  his  initials 
before  filing ;  and  each  paper  shall  have  legibly  indorsed  thereon  the  title 
of  the  cause,  the  character  or  title  of  the  paper,  and  if  a  complaint,  the 
character  of  the  action,  and  the  name  of  the  attorney  or  attorneys.  No 
pleading  or  document,  which  fails  to  conform  to  the  requirements  of  this 
rule,  shall  be  filed  by  the  Clerk. 

APPLICATION  TO  AMEND  PLEADINGS. 

Rule  47.  Pleadings,  How  Amended,  etc. — In  cases  at  law  or  in 
equity,  where  the  right  to  amend  any  pleading  is  not  of  course,  the  party 
desiring  to  amend  shall  serve  with  the  notice  of  application  to  amend, 
an  engrossed  copy  of  the  pleading,  with  the  amendment  incorporated 
therein,  or  a  copy  of  the  proposed  amendment,  referring  to  the  page  and 
line  of  the  pleading  where  it  is  desired  that  the  amendment  shall  be 
inserted;  and,  if  the  pleadings  were  verified,  shall  verify  such  amended 


1110  hillyer's  legal  manual. 

pleading,  or  such  proposed  amendment,  before  the  application  shall  be 
heard. 

Rule  48.  Amended  Pleadings  Engrossed,  etc. — Whenever  a  plead- 
ing has  been  amended,  the  pleading,  as  amended,  shall  be  engro.ssed  and 
filed,  unless  otherwise  directed  by  the  court,  and  a  copy  of  the  amend- 
ment, where  it  has  not  been  already  served  with  the  notice  of  motion  to 
amend,  shall  be  served  on  the  attorney  of  the  adverse  party. 

Rule  49.  Parties  Appearing  in  Person  must  Designate  Place  to 
Serve  Papers. — In  all  cases  in  which  a  party  shall  appear  in  person, 
who  is  not  an  attorney,  solicitor,  or  proctor  of  this  court,  or  is  a  non- 
resident of  this  district,  or  who  appears  by  an  attorney,  solicitor,  or 
proctor  who  is  a  nonresident  of  this  district,  he  shall  indorse  on  his  ap- 
pearance, or  his  first  pleading  filed,  a  designation  of  the  place  within 
the  city  of  Los  Angeles  where  notices  are  to  be  served  on  him ;  and  if  he 
does  not  do  so,  a  filing  of  any  notice  or  paper  in  the  case  in  the  Clerk's 
office,  with  the  papers  in  the  case,  shall  be  sufficient  service. 

GUARDIANS  AD  LITEM. 

Rule  51.  Guardian  ad  Litem,  Who  and  When  Appointed. — No  per- 
son shall  be  appointed  guardian  ad  litem,  either  upon  the  application 
of  the  infant  or  otherwise,  unless  he  be  the  general  guardian  of  the 
infant,  or  an  attorney,  or  other  officer  of  this  court,  or  is  fully  compe- 
tent to  understand  and  protect  the  rights  of  the  infant ;  has  no  interest 
adverse  to  that  of  the  infant,  and  is  not  connected  in  business  with  the 
attorney  or  counsel  of  the  adverse  party;  nor  unless  he  be  of  sufficient 
pecuniary  ability  to  answer  to  the  infant  for  any  damage  which  may  be 
sustained  for  his  negligence  or  misconduct  in  the  defense  of  the  suit. 

Rule  52.  Ibid.,  Attorneys  shall  Act  as. — ^Every  attorney  or  officer 
of  the  court  shall  act  as  guardian  ad  litem  of  an  infant  defendant,  when- 
ever appointed  for  that  purpose  by  an  order  of  the  court.  He  shall 
examine  into  the  circumstances  of  the  case,  so  far  as  to  enable  him  to 
make  the  proper  defense,  and  shall  be  entitled  to  such  compensation  as 
the  court  may  deem  reasonable. 

Rule  53.  Ibid.,  must  Give  Security,  Where,  etc. — No  guardian 
ad  litem  shall  receive  any  money,  or  property,  or  proceeds  of  sale  of  real 
estate,  until  he  has  given  security  by  bond,  conditioned  for  the  faithful 
discharge  of  the  duties  of  his  trust,  in  double  the  amount  of  such  prop- 
erty or  money,  with  two  or  more  sureties,  who  shall  justify  as  in  other 
cases.  Said  bond  shall  be  approved  by  the  judge,  and  filed  with  the 
Clerk. 

DEPOSITS  OF  MONEY    IN  COURT. 

Rule  54.  Moneys  Paid  into  Court,  How  Disposed  of,  etc. — All 
moneys  brought  into  court  shall  be  paid  to  the  Clerk  of  the  court,  unless 
the  court  shall  otherwise  direct,  and  when  not  immediately  paid  to  the 
party  entitled,  be  deposited  by  said  Clerk,  in  his  name  of  office,  with  such 
depository  as  may  be  designated  by  law,  or  by  the  court,  when  no  place 
is  so  designated.     The  amount  so  received,  the  purpose  for  which  it  was 


RULES — UNITED  STATES  DISTRICT   COURT,   SOUTHERN  DISTRICT.      1111 

paid  into  court,  together  with  the  fact  of  the  deposit,  as  herein  provided, 
shall  be  noted  by  the  Clerk  in  the  register  of  actions  in  the  particular 
cause  in  which  it  is  received. 

Rule  55.  Orders  on  Depositories.— Orders  on  depositories  for  the 
payment  of  money  out  of  court  shall  be  signed  by  the  Clerk,  and  counter- 
signed by  a  judge  of  the  court. 

Rule  56.  Records  and  Files  not  to  be  Taken  from  the  Clerk's  Oflace, 
etc. — No  record  or  paper  belonging  to  the  files  of  the  court  shall  be 
taken  from  the  office  or  custody  of  the  Clerk,  except  upon  the  special 
order  of  the  court  or  judge,  and  a  receipt  from  the  party  obtaining  it, 
specifying  the  record  or  paper ;  and  no  order  will  be  made,  except  upon 
cogent  reasons. 

Whenever  it  is  necessary  for  a  judge,  master,  examiner,  commissioner, 
clerk,  or  other  officer  of  the  court  to  use,  for  purposes  of  the  action,  at 
places  other  than  the  clerk's  office,  courtroom,  or  judge's  chambers,  plead- 
ings or  other  papers  which  are  ultimately  to  constitute  a  part  of  the 
judgment-roll,  or  of  the  record  of  a  decree,  certified  copies  thereof  shall 
be  furnished  by  the  Clerk,  and  the  expense  taxed  as  costs  in  the  case. 

Rule  57.  Counsel  must  Prepare  Orders,  Judgments,  etc. — The  coun- 
sel obtaining  any  order,  judgment,  or  decree,  may  be  required  by  the 
Clerk  to  furnish  a  draft  of  the  same. 

Rule  58.  Instruments  upon  Which  Judgments  Entered,  How  Dis- 
posed of,  etc. — In  all  cases  in  which  a  judgment  or  decree  is  entered 
upon  a  written  instrument,  the  Clerk  shall,  at  the  time  of  entering  the 
judgment  or  decree,  note  over  his  official  signature,  across  the  face  of 
the  instrument,  the  fact  of  the  entry  of  the  judgment,  and  its  date,  with 
the  name  of  the  court ;  and  thereafter,  unless  the  instrument  is  canceled, 
or  annulled,  by  the  decree  of  the  court,  he  may  return  it  to  the  party 
entitled  upon  his  request,  and  upon  his  filing  in  the  cause  a  copy  thereof, 
and  of  the  memoranda  thereon,  certified  by  the  Clerk  to  be  a  true  copy. 

Rule  59.  Orders  of  Course,  When  may  be  Entered,  etc. — All  rules 
which,  by  the  practice  of  this  court,  either  party  is  entitled  to  enter  with- 
out special  application  to  the  court,  may  be  entered  as  well  in  vacation 
as  in  term,  and  shall  have  the  like  effect  as  if  entered  in  term. 

Rule  60.  Briefs  and  Records,  How  Printed. — When  briefs,  points 
or  records  are  printed,  they  shall  be  printed  on  unruled  white  writing 
paper,  ten  inches  long  by  seven  inches  wide,  with  a  margin  on  the  outer 
edge  of  not  less  than  two  inches  wide.  The  printed  page,  exclusive  of 
any  marginal  note  or  reference,  shall  be  seven  inches  long,  and  three  and 
one-half  inches  wide.  Small  pica  solid  is  the  smallest  letter  and  most 
compact  mode  of  composition  allowed. 

Rule  61.  Bonds  must  have  Affidavits  or  Sureties,  etc. — No  bond,  or 
stipulation,  or  undertaking,  will  in  any  case  be  approved,  unless  it  is 
accompanied  by  the  affidavit  of  the  sureties,  that  they  are  each  residents 
and  householders  or  freeholders  within  the  district,  and  worth  the  amount 
specified  therein  over  and  above  all  their  just  debts  and  liabilities,  exclu- 
sive of  property  exempt  from  execution,  except  that,  where  the  amount 


1112 

exceeds  three  thousand  dollars,  they  may  state  in  their  affidavits  that 
they  are  severally  worth  amounts  less  than  that  expressed  in  the  bond, 
stipulation,  or  undertaking,  if  the  whole  amount  is  equivalent  to  that  of 
two  sufficient  sureties. 

Rule  62.  Costs,  Clerk  may  Require  Deposits,  etc. — Upon  the  com- 
mencement of  an  action,  the  Clerk  shall  be  entitled  to  require  from  the 
plaintiff  the  payment  of  the  fees  for  issuing  process,  with  the  necessary 
number  of  copies;  and  in  addition  thereto,  a  deposit  of  ten  dollars  as 
security  for  any  further  fees  that  may  become  chargeable  against  the 
plaintiff;  and  upon  the  entering  of  the  appearance,  or  the  filing  of  a 
demurrer,  plea,  answer,  or  other  paper,  on  behalf  of  a  defendant,  or  of 
defendants,  where  several  appear  or  plead  jointly,  the  Clerk  shall  be 
entitled  to  require  from  such  defendant,  or  defendants,  a  similar  deposit. 
At  the  termination  of  the  cause,  each  party  making  a  deposit  as  security 
for  fees  shall  be  entitled,  upon  demand,  to  receive  back  from  the  Clerk 
any  balance  due  him,  after  deducting  the  amount  of  all  fees  and  costs 
properly  chargeable  or  recoverable  against  such  party.  If,  at  any  time, 
the  fees  for  service  rendered  either  party  shall  exceed  the  deposit,  the 
Clerk  shall  be  entitled  to  payment  therefor  upon  demand,  and  to  decline 
to  perform  any  further  service  for  such  party  till  a  compliance  with  such 
demand.  All  costs,  chargeable  to  either  party,  paid  to  the  Clerk  by  the 
prevailing  party,  shall  be  entered  as  a  part  of  any  judgment  for  costs 
entered  in  his  favor.  In  causes  removed  from  State  courts,  and  causes 
on  appeal,  or  writ  of  error  from  the  United  States  District  Court,  the 
like  deposits  may  be  required  as  in  causes  originally  commenced  in  this 
court. 

CRIMINAL  CASES. 

Rule  63.  Impaneling  and  Challenging  Jurors  in  Criminal  Causes. — 
In  all  criminal  trials,  the  designation,  impaneling,  and  challenging  of 
jurors  shall  conform  to  the  laws  of  this  State  existing  at  the  time,  except 
as  otherwise  provided  by  Acts  of  Congress,  or  the  rules  of  this  court; 
but  a  juror  shall  be  challenged,  or  accepted  and  sworn,  in  the  case  as 
soon  as  his  examination  is  completed,  and  before  the  examination  of 
another  juror. 

Rule  64.  Arrest  on  Indictment,  Order  of  Course. — On  filing  an  in- 
dictment found  by  the  grand  jury  against  a  party  not  in  custody  or  on 
bail,  an  order  shall  be  entered  as  of  course  for  a  bench  warrant,  to  be 
issued  under  the  seal  of  the  court,  for  the  arrest  of  the  persons  indicted. 

Rule  65.  Criminal  Cases,  Pleas  or  Misnomer  Abolished,  etc. — Pleas 
in  abatement  on  the  ground  of  misnomer  are  abolished.  When  the  de- 
fendant is  arraigned,  he  shall  be  informed  that  if  the  name  by  which  he 
is  indicted  be  not  his  true  name,  he  must  then  declare  his  true  name  or 
be  proceeded  against  by  the  name  in  the  indictment.  If  he  give  no  other 
name  the  court  may  proceed  accordingly.  If  he  alleges  that  another 
name  is  his  true  name,  the  court  shall  direct  an  entry  thereof  in  the 
minutes  of  the  arraignment;  and  the  subsequent  proceedings  on  the 
indictment  may  be  had  against  him  by  that  name,  referring  also  to  the 
name  by  which  he  was  indicted. 


EULES — ^UNITED  STATES  DISTRICT   COURT,   SOUTHERN  DISTRICT.      1113 

EQUITY— INJUNCTIONS. 

Rule  QQ.  Failure  to  Prosecute  —  Bill  Dismissed. — ^Within  ninety 
days  after  the  filing  of  a  bill  in  equity  in  this  court,  the  complainant  in 
such  bill  shall  cause  process  to  be  issued  thereon,  and  make  a  bona  fide 
effort  to  procure  service  of  such  process  upon  each  defendant  named 
in  the  bill  who  has  not  voluntarily  made  a  general  appearance  in  the  case, 
and  in  default  thereof,  any  defendant,  who  has  not  so  appeared,  upon 
due  notice  to  the  complainant,  no  good  cause  for  the  neglect  appearing, 
shall  be  entitled  to  have  the  bill  dismissed  for  want  of  prosecution. 

Rule  67.  Injunctions,  How  Cause  Against  Shown. — On  a  motion  for 
an  injunction,  the  defendant  may  show  cause  against  its  allowance,  either 
by  plea,  answer,  or  demurrer  to  the  bill,  or  by  parol  exception  to  its  legal 
sufficiency,  or  by  depositions  and  affidavits  disproving  the  equity  on 
which  the  motion  is  founded. 

Rule  68.  Further  Proofs,  When  not  Admissible. — Further  proofs 
will  not  be  heard  on  behalf  of  the  complainant,  in  reply  to  defendant's 
answer  and  proofs  responsive  to  the  case  made  by  the  bill  and  accom- 
panying proofs  of  complainant ;  but  the  complainant  may  be  allowed,  in 
the  discretion  of  the  court,  to  rebut  new  affirmative  matter  set  up  by  the 
defendant  constituting  cause  against  the  allowance  of  an  injunction. 

FINES  AND  PENALTIES. 

Rule  76.  Fines  and  Penalties,  How  Disposed  of. — When  a  fine  or 
penalty  is  paid  into  court,  and  the  whole  shall  belong  to  the  United 
States — or  one-half  shall  belong  to  the  government,  and  the  other  half 
thereof  to  any  other  party — the  Clerk  shall,  as  soon  as  practicable, 
under  the  direction  of  the  court,  pay  to  the  proper  depository  the 
amount  thereof  belonging  to  the  United  States;  and  any  person  claim- 
ing any  portion  of  such  fine  or  penalty,  as  the  discoverer  or  informer, 
or  prosecutor  of  the  offender  incurring  such  fine  or  penalty,  shall  file 
with  the  Clerk  of  the  court  his  affidavit  and  such  other  papers  as  he 
may  think  proper,  showing  his  right  to  a  moiety  of  such  fine  or  penalty ; 
and  thereupon,  on  notice  to  the  parties  interested,  and  the  United  States 
District  Attorney,  or  in  such  manner  as  the  court  may  direct,  the  court 
will  make  the  proper  order  for  payment  to  the  parties  entitled  thereto. 

Rule  77.  Under  Internal  Revenue  Act. — In  cases  arising  under  the 
act  ''To  Provide  Internal  Revenue,"  etc.,  the  person  so  claiming  shall 
file,  with  such  affidavit  and  papers,  the  written  consent  of  the  Collector 
of  Internal  Revenue  of  the  district  in  which  such  fine  or  penalty  was 
incurred,  that  a  moiety  shall  be  paid  to  such  claimants — or  shall  show, 
by  affidavit,  that  a  copy  of  such  affidavit  and  papers,  with  a  notice  of 
the  application  for  distribution  and  payment,  has  been  served  on  such 
collector,  and  on  the  United  States  District  Attorney,  five  days  before 
the  time  noticed  for  making  such  application.  But,  in  special  circum- 
stances, the  court  may  direct  such  other  notice  or  proceedings  as  the 
exigencies  of  the  case  may  require. 


1114 

REMOVAL  OF  ACTIONS  FROM  STATE  COURTS. 
Rule  78.    Proceedings  on  Removal  of  Causes  from  State  Courts. — 

Whenever  an  action  is  removed  to  this  court  from  a  State  court  in 
pursuance  of  any  act  of  Congress,  the  proper  papers  may  be  filed,  as 
of  course,  at  the  time  authorized  by  law;  and  thereupon  the  Clerk 
shall  enter  the  action  upon  his  register,  and  thenceforth  the  proceed- 
ings therein  shall  be  the  same  as  if  said  suit  had  been  originally  com- 
menced in  this  court,  and  the  same  proceedings  had  been  taken  in  such 
suit  in  this  court,  as  shall  have  been  had  therein  in  said  State  court 
prior  to  its  removal.  But  the  plaintiff  in  such  action  may,  as  of  course, 
amend  his  complaint,  or  bill,  within  five  days  after  the  time  designated 
by  law  for  filing  the  papers  in  this  court,  and  in  that  case  the  defend- 
ant shall  have  ten  days  after  service  of  a  copy  of  the  amended  com- 
plaint, or  bill,  to  plead  thereto.  If  the  complaint,  or  bill,  be  not  so 
amended  within  the  time  herein  limited,  the  defendant  may,  within  five 
days  after  the  expiration  of  such  time,  plead  to  the  original  complaint, 
or  bill;  or,  if  he  has  already  pleaded  to  the  same  in  the  State  court, 
amend  his  said  pleading,  as  of  course.  But  this  rule  shall  not  be  so 
construed  as  to  authorize  the  substitution  or  addition  of  a  new  and 
wholly  different  cause  of  action  from  that  transferred  from  the  State 
court.  Whenever  the  papers  in  a  case  removed  from  a  State  court 
have  not  been  filed  in  this  court,  at  the  day  appointed  by  law,  the  party 
thereafter  filing  the  papers  shall  give  notice  thereof  to  the  adverse 
party,  and  such  adverse  party  shall,  after  such  notice,  have  the  time 
allowed  in  this  rule  to  enter  his  appearance  in  this  court  and  plead,  or 
amend  his  pleading. 

Rule  79.  Filing  of  Transcript  on  Removal. — Whenever  the  proper 
proceedings  have  been  perfected  in  a  State  court  to  remove  a  case  from 
such  court  to  this  court,  pursuant  to  any  statute  of  the  United  States, 
either  party  may  at  any  time  thereafter,  as  of  course,  file  the  transcript 
required  by  law  in  this  court,  and  serve  written  notice  of  such  filing 
upon  the  adverse  party  or  his  attorney;  and  upon  filing  in  this  court 
satisfactory  evidence  of  the  service  of  such  notice,  the  Clerk  shall  enter 
the  action  upon  his  register,  and  thenceforth  the  provisions  of  Rule  78 
of  this  court  shall  be  applicable  thereto ;  and  the  same  proceedings  may 
be  thereafter  had  as  if  the  transcript  had  been  filed  by  the  party  remov- 
ing the  case  at  the  time  prescribed  by  law. 

BANKRUPTCY. 
Rule  1. — Checks  or  warrants  drawn  pursuant  to  Number  29  of 
the  General  Orders  in  Bankruptcy,  adopted  and  established  by  the 
Supreme  Court  of  the  United  States,  November  the  29th,  1898,  shall 
be  countersigned  by  the  referee  having  jurisdiction  of  the  case  to  which 
the  moneys  so  drawn  against  belong.  Copies  of  this  rule  and  of  said 
General  Order  shall  be  furnished  by  the  Clerk  of  this  court  to  each 
depository  within  the  district. 

Rule  9.  It  is  Ordered,  that  the  Referees  in  Bankruptcy  of  said  court 
be,  and  are  hereby  vested  with  jurisdiction  in  all  bankruptcy  cases 


RULES — UNITED  STATES  DISTRICT   COURT,   SOUTHERN  DISTRICT.      1115 

within  the  limits  of  their  respective  counties,  to  perform  all  the  duties 
conferred  on  courts  of  bankruptcy,  which  Referees  may  be  required 
or  authorized  to  perform;  except  as  otherwise  provided  by  General 
Order  in  Bankruptcy,  No.  12. 

Rule  11.  The  Clerk  shall  deliver  to  the  referee  a  copy  of  the  order 
of  reference,  or  transmit  the  same  by  mail  to  the  referees  having  their 
offices  outside  of  the  city  of  Los  Angeles,  and  thereafter  all  proceed- 
ings, except  such  as  are  required  by  the  bankruptcy  act,  to  be  had 
before  the  judge,  shall  be  had  before  the  referee,  who  shall  fix  the  time 
when  and  the  place  where  he  will  act  upon  the  matters  arising  in  the 
case. 

Rule  12.  The  petition  for  a  discharge,  or  for  a  confirmation  of  a 
composition,  must  be  filed  with  the  Clerk  of  the  court.  There  must 
also  be  presented  therewith  a  report  or  certificate  of  the  referee,  to 
whom  said  case  shall  have  been  referred,  that  the  bankrupt  has  in  all 
things  conformed  to  the  requirements  of  the  act,  and  that  he  has  com- 
mitted none  of  the  offenses  and  done  none  of  the  things  prohibited  in 
b  of  section  14,  of  the  act,  and  that  he  is,  in  the  opinion  of  the  referee, 
entitled  to  his  discharge. 

Rule  13.  The  order  to  show  cause  why  a  discharge  should  not  be 
granted  may  be  entered  by  the  Clerk,  or  his  deputy,  and  notice,  stating 
the  time  and  place  of  the  hearing,  must  be  given,  as  provided  in  section 
58,  of  the  act,  as  amended  June  25,  1910,  to  all  known  creditors  and 
other  persons  in  interest,  by  mail,  and  publication  once,  at  least  thirty 
(30)  days  prior  to  said  hearing.  If  no  creditor  or  other  party  in 
interest  appears  and  opposes,  the  discharge  shall  be  granted.  In  case 
a  creditor  or  other  party  in  interest  desires  to  oppose  the  granting  of 
the  discharge,  he  shall  appear  on  the  return  day,  and  thereafter  file  a 
verified  specification  of  the  ground  of  his  opposition,  as  provided  in 
General  Order  32. 

ADMIRALTY. 

Notice  of  Seizures  and  of  Time  and  Place  of  Hearing. — The  notice  of 
seizures  and  of  the  time  and  place  appointed  for  trial,  and  of  the  time 
assigned  for  the  return  of  the  process  and  hearing  of  the  cause,  required 
by  section  923,  R.  S.,  and  by  Admiralty  Rule  9,  shall  be  published  three 
times  in  some  daily  or  weekly  newspaper  of  general  circulation  in  the 
city  in  which  said  trial  or  hearing  will  be  had,  and  the  first  publication 
thereof  shall  be  made  not  less  than  fourteen  days  before  the  day  as- 
signed for  such  trial  or  hearing,  and  said  notice  shall  also  be  posted  in 
a  public  manner  at  or  near  the  place  of  trial  or  hearing,  at  least  four- 
teen days  prior  to  the  time  thereof. 


1116 


RULES— SUPREME  COURT  AND  DISTRICT  COURTS 
OF  APPEAL— CALIFORNIA. 

(Adopted  January  16,  1912.     In  effect  March  18,  1912.) 

Rule  1.  Admission  of  Attorneys. — 1.  Applicants  for  license  to  prac- 
tice as  attorneys  and  counselors  will  be  examined  in  open  Court,  by 
the  Court  authorized  by  law  to  act  in  that  behalf,  and  at  such  regular 
times  as  such  Court  shall  fix.  Until  further  order  the  examination  will 
be  based  upon  the  following  books:  Blackstone 's  "Commentaries," 
Kent's  "Commentaries,"  Greenleaf's  "Evidence"  (first  volume),. 
Story's  "Equity  Jurisprudence,"  Gould's  "Pleading,"  Lube's 
"Equity  Pleading,"  Parsons  on  "Contracts,"  Pomeroy's  "Introduc- 
tion to  Municipal  Law,"  Code  of  Civil  Procedure,  Civil  Code,  Constitu- 
tions of  the  United  States  and  of  the  State  of  California.  Persons 
applying  for  admission,  whether  upon  examination  or  motion,  must 
personally  appear  in  Court  at  the  time  the  application  for  admission 
is  made.  No  applicant  wull  be  examined  unless  there  shall  have  been 
filed  with  the  Clerk  of  the  Court,  before  the  day  on  which  the  applica- 
tion is  made,  a  certificate  signed  by  at  least  two  attorneys  of  the 
Court,  each  of  whom  shall  have  been  regularly  engaged  in  practice  as 
such  attorney  for  at  least  four  years  next  theretofore,  stating,  in  sub' 
stance,  that  they  have,  and  that  each  of  them  has,  carefully  and  dili- 
gently examined  the  applicant  touching  the  qualifications  of  such 
applicant  in  point  of  learning  in  the  law;  that  it  satisfactorily  ap- 
peared to  them,  and  to  each  of  them,  upon  such  examination,  that  the 
applicant  had  been  engaged  in  the  study  of  the  law  for  a  period  of 
time  to  be  named  in  the  certificate,  naming  the  place  at  which,  and 
the  person  under  whom,  if  any,  such  study  had  been  prosecuted;  that 
the  applicant  had,  during  that  time,  read  certain  books  of  law,  which 
books  shall  be  enumerated  in  the  certificate;  and  stating  any  other 
fact  tending  to  show  the  character  of  the  attainments  of  the  applicant, 
and  also  stating  that,  in  their  opinion,  the"  applicant  possesses  the 
requisite  qualifications  in  point  of  learning  in  the  law  to  be  entitled 
to  be  admitted  to  practice. 

2.  Fee. — The  fee  for  license  must  in  all  cases  be  deposited  with  the 
Clerk  of  such  Court  before  the  application  is  made,  to  be  returned  to 
the  applicant  in  case  of  rejection. 

3.  Rejection. — Applicants  must  apply  for  examination  to  the  Dis- 
trict Court  of  Appeal  of  the  Appellate  District  in  which  they  reside. 
Provided,  that  a  person  may  make  application  and  be  examined  and 
admitted  in  another  Appellate  District  upon  filing  with  his  applica- 
tion a  written  statement  showing  good  cause  therefor,  satisfactory  to 
the  Court  to  which  he  applies,  accompanied  by  the  written  consent  of 
the  Presiding  Justice  of  the  Appellate  District  in  which  he  resides. 
No  person  rejected  shall  be  at  liberty  to  renew  his  application  in  any 
Court  earlier  than  six  months  after  such  rejection. 

Rule  2.  Transcript. — 1.  The  appellant  in  a  civil  action  shall  within 
forty  days  after  an  appeal  is  perfected,  except  as  hereinafter  stated, 


RULES — SUPREME  COURT  OF  CALIFORNIA.  1117 

serve  and  file  the  transcript  of  the  record,  duly  certified  to  be  correct 
by  the  attorneys  of  the  respective  parties,  or  by  the  Clerk  of  the 
Court  from  which  the  appeal  is  taken.  If  a  proceeding  is  pending  for 
the  settlement  of  a  bill  of  exceptions  or  statement  which  may  be  used 
in  support  of  such  appeal,  the  time  aforesaid  shall  not  begin  to  run 
until  the  settled  and  authenticated  statement  or  a  bill  of  exceptions 
has  been  filed.  When  a  party  appealing  from  a  judgment  has  given 
notice  of  motion  for  a  new  trial  before  perfecting  said  appeal,  the  time 
aforesaid  shall  not  begin  to  run  until  the  motion  for  a  new  trial  has 
been  decided,  or  the  proceeding  therefor  dismissed.  If  the  transcript 
for  use  on  appeal  is  prepared  under  the  provisions  of  section  953a  of 
the  Code  of  Civil  Procedure  and  a  notice  is  filed  by  the  appellant  re- 
questing a  transcript  of  the  phonographic  report,  the  time  for  filing 
the  transcript  of  the  record  on  appeal  shall  not  begin  to  run  until  such 
phonographic  report  is  approved  and  certified  by  the  judge  or  until 
the  proceeding  to  obtain  the  same  has  been  terminated  in  the  Court 
below  by  dismissal  or  otherwise.  An  appeal  from  a  judgment  and 
from  any  order  denying  a  new  trial  of  the  issue  may  in  all  cases  be 
presented  in  the  same  transcript. 

2.  Evidence  of  Service. — Written  evidence  of  the  service  upon  the 
adverse  part}^  of  the  transcript  shall  be  filed  therewith. 

3.  Extension  of  Time. — The  time  above  limited  may  be  extended  by 
order,  based  on  stipulation  or  afiidavit,  showing  good  cause  therefor. 

4.  Briefs. — Thirty  days  after  the  filing  of  the  transcript,  the  appel- 
lant shall  file  with  the  Clerk  his  printed  points  and  authorities,  with 
proof  of  the  service  of  one  copy  thereof  upon  the  attorney  or  attorneys 
of  each  respondent  who  shall  have  appeared  separately  in  the  Superior 
Court.  Within  thirty  days  after  the  service  of  appellant's  points  and 
authorities,  the  respondent  shall  serve  and  file  his  printed  points  and 
authorities;  and  v/ithin  ten  days  after  service  of  respondent's  points 
the  appellant  may  serve  and  file  a  reply. 

In  criminal  cases  the  appellant  shall  file  his  points  and  authorities 
(with  proof  of  service  of  a  copy  thereof  on  the  Attorney  General) 
within  ten  days  after  the  filing  of  the  transcript.  The  Attorney  Gen- 
eral shall  serve  and  file  his  points  and  authorities  within  ten  days 
after  service  upon  him  of  the  appellant's  points,  and  within  five  days 
thereafter  the  appellant  may  serve  and  file  a  reply.  Such  points  and 
authorities  may  be  either  printed  or  typewritten. 

5.  E  tension  of  Time  on  Briefs. — The  time  above  limited  for  filing 
points  and  authorities  shall  not  be  extended  except  by  order  of  the 
Court  upon  stipulation  of  the  parties,  or  an  affidavit  showing  good 
cause  therefor.  No  brief  shall  be  filed  after  oral  argument  except  by 
special  order. 

6.  Twenty-one  Copies  of  Transcript  and  Points  to  he  Filed. — The 
party  wishing  to  file  any  printed  paper  shall  prepare  the  oris^inal  and 
twenty  copies  thereof.  If  such  paper  is  to  be  filed  in  the  District 
Court  of  Appeal,  the  original  and  three  copies  shall  be  filed  therein, 
and  the  remaining  seventeen  copies  shall  be  simultaneously  delivered 


1118 

to  the  Clerk  of  the  Supreme  Court.  If  it  is  to  be  filed  in  the  Supreme 
Court,  the  original  must  be  accompanied  by  the  twenty  copies,  unless 
it  is  an  application  to  the  Supreme  Court  for  the  hearing  of  a  cause 
decided  by  the  District  Court  of  Appeal,  in  which  case  the  party  shall 
deliver  to  the  Clerk  of  said  District  Court  one  copy  for  each  Justice 
of  said  Court  and  file  the  original  and  seventeen  copies  in  the  Supreme 
Court.  Papers  not  required  to  be  printed  are  subject  to  these  pro- 
visions if  they  are,  in  fact,  printed.  If  not  printed,  they  must  be  in 
typewriting,  and  (except  as  provided  in  the  next  succeeding  para- 
graph) three  copies  must  be  filed  with  the  original.  A  carbon  copy 
must  not  be  used  for  the  original. 

In  civil  cases  appealed  under  the  provisions  of  sections  953a,  953b 
and  953c  of  the  Code  of  Civil  Procedure,  and  in  criminal  cases  ap- 
pealed under  the  provisions  of  sections  1246,  1247,  1247a  and  1247b 
of  the  Penal  Code,  the  record  upon  appeal  shall  be  prepared  and 
transmitted  to  the  Court  to  which  the  appeal  is  taken,  in  accordance 
with  said  sections;  and  no  further  copies  of  such  record  shall  be  re- 
quired. 

When  such  appeal  is  taken  to  the  Supreme  Court,  or  has  been  trans- 
ferred thereto  from  a  District  Court  of  Appeal,  the  record  shall  be 
kept  in  the  San  Francisco  office  of  the  Clerk  of  the  Supreme  Court. 

7.  Disposition  of  Papers. — Copies  of  all  printed  papers,  points  and 
briefs  filed  in  any  matter  appealed,  must  be  deposited  with  the  Clerk 
of  the  Court  from  which  the  appeal  is  taken;  and  the  copies  so  de- 
posited shall,  by  said  Clerk,  be  delivered  to  the  Judge  who  presided 
at  the  trial  of  the  cause  in  the  lower  court. 

8.  Orders  Extending  Time. — The  Chief  Justice  is  authorized  in  the 
name  of  the  Supreme  Court  to  make  orders  in  conformity  to  the  stipu- 
lation of  the  parties,  extending  time  for  filing  records  and  briefs ;  and 
in  other  matters  of  mere  routine  pending  in  the  Supreme  Court.  An 
order  indorsed  on  the  stipulation  in  the  following  form  is  sufficient  : 

''So  ordered  by  the  Court C.  J." 

It  is  desirable  that  all  stipulations  should  be  expressed  in  terms 
as  brief  as  may  be  consistent  with  clarity. 

The  Chief  Justice  is  also  authorized  in  the  name  of  the  Court  to  make 
orders  in  State  causes  extending  time  to  file  briefs  on  application 
of  the  Attorney  General. 

The  presiding  justices  of  the  three  District  Courts  of  Appeal  shall 
have  similar  authority  as  to  causes  pending  in  their  respective  courts. 

Rule  3.  Indorsement  on  Transcript. — There  must  be  indorsed  upon 
the  cover  of  the  printed  transcript  the  name  of  the  county  from 
which  the  appeal  is  taken,  and  also  the  name  of  the  Judge  of  the 
Superior  Court  whose  decision  is  presented  for  review  and  the  names 
and  addresses  of  the  attorneys  representing  the  parties  to  the  appeal. 

Rule  4.  Calendar  for  Oral  Argument. — Thirty  days  before  the  com- 
mencement of  a  regular  session  the  Clerk  shall,  unless  otherwise 
ordered  by  the  Court,  place  on  the  calendar  for  oral  argument  all  cases 
which  have  been  continued  for  such  argument,  and  also,  in  the  order 


RULES — SUPREME  COURT  OP  CALIPORNIA.  1119 

in  which  the  transcripts  were  filed,  all  cases  in  which  points  and  au- 
thorities are  on  file,  and  also  all  motions  and  original  proceedings 
pending  and  not  under  submission.  Cases  in  certiorari  shall,  after  the 
record  is  brought  up  by  the  return,  be  subject  to  the  same  rules  with 
respect  to  argument  and  submission  as  cases  on  appeal. 

Rule  5.  Dismissal  of  Appeal. — 1.  If  the  transcript  of  the  record 
or  appellant's  points  and  authorities  be  not  filed  within  the  time  pre- 
scribed, the  appeal  may  be  dismissed  on  motion,  upon  notice  given. 
If  the  transcript,  or  the  points  and  authorities,  though  not  filed 
within  the  time  prescribed,  be  on  file  at  the  time  such  notice  is  given, 
that  fact  shall  be  sufficient  answer  to  the  motion.  If  the  respondent 
shall  not  file  his  points  and  authorities  within  the  time  allowed  there- 
for, the  cause  may  be  submitted  for  decision  upon  the  motion  of  the 
appellant,  on  notice  thereof  to  the  respondent. 

2.  If  an  appeal  is  attempted  to  be  taken  after  the  time  limited  by 
law,  and  papers  are  filed,  either  in  the  trial  Court  or  in  an  Appellate 
Court,  in  pursuance  of  such  attempt,  such  purported  appeal  may  be 
dismissed  on  motion  of  respondent,  supported  by  certificate  of  affi- 
davits, or  both,  as  provided  in  Rule  6. 

Rule  6.  Certificate  of  Clerk  on  Motion  to  Dismiss. — 1.  On  motion 
to  dismiss  an  appeal  for  a  failure  to  file  the  transcript  within  the  pre- 
scribed time,  there  shall  be  presented  the  certificate  of  the  Clerk  below, 
under  the  seal  of  the  Court,  certifying  the  amount  or  character  of  the 
judgment  or  order  appealed  from,  the  date  of  its  rendition,  the  fact 
and  date  of  the  filing  of  the  notice  of  appeal,  together  with  the  fact 
and  date  of  service  thereof  on  the  adverse  party,  and  the  character 
of  the  evidence  by  which  said  service  appears;  the  fact  and  date  of 
filing  an  undertaking  on  appeal  and  that  the  same  is  in  due  form; 
the  fact  and  time  of  the  settlement  of  the  bill  of  exceptions,  or  state- 
ment on  appeal  or  reporter's  transcript  prepared  under  section  953a 
of  the  Code  of  Civil  Procedure,  if  there  be  any  the  names  of  the  attor- 
neys of  the  respective  parties ;  and  also  that  the  appellant  has  received 
a  duly  certified  transcript,  or  that  he  has  not  requested  the  clerk  to 
certify  to  a  correct  transcript  of  the  record,  or,  if  he  has  made  such  a 
request,  that  he  has  not  paid  the  fees  therefor,  if  the  same  have  been 
demanded. 

2.  Affidavits. — On  motion  to  dismiss  the  appeal  on  any  other  ground 
than  the  failure  to  file  transcript  within  the  prescribed  time,  the 
moving  papers  shall  consist  of  the  certificate  of  the  Clerk  of  the  Court 
below,  as  to  any  of  the  matters  above  mentioned,  or  of  affidavits,  or 
both  such  certificate  and  affidavits. 

3.  Service  of  Moving  Papers. — Copies  of  the  moving  papers,  except 
the  transcript,  shall  be  served  with  notice  of  the  motion. 

Rule  7.  Form  of  Transcript. — 1.  All  transcripts  of  record,  except 
in  criminal  cases  and  civil  cases  coming  under  the  provisions  of  section 
953a  of  the  Code  of  Civil  Procedure  shall  be  printed  on  unruled  white 
writing  paper,  ten  inches  long  by  seven  inches  wide,  with  a  margin 


1120 

on  the  outer  edge  not  less  than  two  inches  wide.  The  printed  pages, 
exclusive  of  any  marginal  note  or  reference  shall  be  seven  inches  long 
and  three  and  one-half  inches  wide.  The  folios,  embracing  ten  lines 
each,  shall  be  numbered  from  the  commencement  to  the  end,  and  the 
numbering  of  the  folio  shall  be  printed  on  the  left  margin  of  the  page. 
Small  pica,  solid,  is  the  smallest  letter  and  most  compact  mode  of  com- 
position allowed. 

2.  Transcripts  on  appeal  in  civil  cases,  prepared"  under  section 
953a  of  the  Code  of  Civil  Procedure,  and  the  papers  and  transcript 
of  the  proceedings  required  to  be  sent  to  the  Appellate  Court  in  crim- 
inal cases,  must  be  typewritten  and  the  paper  and  the  backs  for  bind- 
ing the  same  must  not  exceed  ten  inches  in  length  and  eight  inches 
in  width.  The  leaves  must  be  bound  together  on  the  left-hand  side  in 
volumes  of  convenient  size.  The  papers  required  to  be  sent  by  the 
Clerk  under  section  1246  of  the  Penal  Code,  and,  in  civil  cases  under 
section  953a,  the  papers  constituting  the  ordinary  judgment-roll,  are 
here  designated  as  the  *' Clerk's  Transcript,"  and  the  certified  tran- 
scriptions of  the  phonographic  reporter's  notes  required  by  section 
1247a  of  the  Penal  Code,  and  by  section  953a  in  civil  cases  are  here 
designated  as  the  '^ Reporter's  Transcript."  The  respective  papers  in 
the  Clerk's  Transcript  must  be  placed  in  chronological  order,  and  if  it 
is  bound  with  the  Reporter's  Transcript,  it  must  come  first  in  order. 
The  pages  of  the  Clerk's  Transcript  and  those  of  the  Reporter's  Tran- 
script must  be  numbered  separately  by  consecutive  numbers.  The 
lines  of  each  page  must  be  numbered  separately  and  consecutively. 
An  index  of  each  transcript  must  be  inserted  in  the  beginning  thereof, 
referring  to  each  document  and  to  the  page  beginning  the  examination, 
cross-examination,  redirect,  and  recall  of  each  witness. 

Rule  8.  Index  and  Arrangement  of  Transcript. — The  pleadings, 
proceedings,  and  statement  shall  be  chronologically  arranged  in  the 
transcript,  and  each  transcript  shall  be  prefaced  with  an  alphabetical 
index,  specifying  the  page  of  each  separate  paper,  order,  or  proceed- 
ing, and  of  the  testimony  of  each  witness;  and  the  transcript  shall 
have  at  least  one  blank  flysheet  cover.  The  chronological  arrange- 
ment of  the  several  parts  of  the  transcript,  and  a  strict  compliance 
with  the  other  requirements  of  this  rule  will  be  exacted  of  the  appel- 
lant or  party  filing  the  record  in  all  cases,  whether  objection  by  the 
opposite  party  be  made  or  not ;  and  for  any  failure  or  neglect  in  these 
respects,  which  is  found  to  obstruct  the  examination  of  the  record, 
the  appeal  may  be  dismissed. 

Rule  9.  Maps. — Whenever  a  map  or  survey  or  photograph  forms 
a  part  of  the  transcript,  it  shall  not  be  necessary  to  furnish  more  than 
one  copy  thereof,  which  shall  be  annexed  to  the  transcript  filed  with 
and  certified  by  the  Clerk,  and  reference  thereto  shall  be  made  in  the 
other  copies. 

Rule  10.  Penalty  for  Nonconformity  With  Rules. — No  transcript, 
or  other  paper  or  document,  \vhieh  fails  to  conform  to  the  require- 
ments of  these  rules  shall  be  filed  by  the  Clerk. 


RULES — SUPREME  COURT  OF  CALIFORNIA.  1121 

Rule  11.  Transcript,  Service  and  Certificate. — Before  the  printed 
transcript  is  filed,  a  copy  thereof  shall  be  served  upon  the  adverse 
party,  and  if  there  be  more  than  one  adverse  party  appearing  by  dif- 
ferent attorneys,  upon  the  attorney  of  each  party  so  appearing.  If 
a  party  shall  present  to  the  attorney  of  the  adverse  party  a  transcript 
on  appeal,  in  a  civil  cause,  and  request  his  certificate  that  the  same 
is  correct,  and  said  attorney,  upon  such  request,  shall,  for  a  period  of 
five  days,  neglect  or  refuse  to  join  in  such  certificate,  or,  if  deemed 
incorrect,  shall  neglect  or  refuse,  for  the  same  time,  to  serve  upon 
the  party  making  the  request  a  written  statement  of  the  particulars 
in  which  the  transcript  is  incorrect,  or,  upon  the  presentation  of  the 
transcript  corrected  in  the  particulars  thus  specified,  shall  still  neglect 
or  refuse  for  a  period  of  two  days  to  join  in  such  certificate,  the  costs 
of  procuring  the  certificate  to  such  transcript  from  the  Clerk  of  the 
proper  Court  shall  be  taxed  against  the  party  whose  attorney  so 
neglects  or  refuses. 

Rule  12.  Clerk  may  Print  Transcripts  and  Certify  to  Same. — 1.  The 
written  transcript,  in  civil  causes,  authenticated  in  the  mode  pre- 
scribed by  Rule  11,  together  with  sufficient  funds  to  pay  the  expenses 
of  printing  the  same,  may  be  transmitted  to  the  Clerk  of  the  Court 
to  which  the  appeal  is  taken.  The  Clerk,  upon  the  receipt  thereof, 
shall  file  the  same  and  cause  the  transcript  to  be  printed,  and  to  a 
printed  copy  shall  annex  his  certificate  that  the  said  printed  transcript 
is  a  full  and  correct  copy  of  the  transcript  furnished  to  him  by  the 
party;  and  said  certificate  shall  be  prima  facie  evidence  that  the  same 
is  correct.  The  said  printed  copy  so  certified  shall  also  be  filed,  and 
constitute  the  record  of  the  cause  in  said  Court,  subject  to  be  corrected 
by  reference  to  the  written  transcript  on  file.  Printed  copies  thereof 
shall  be  furnished,  as  provided  in  Rule  2 ;  and  the  Clerk  shall  also  im- 
mediately transmit,  by  mail  or  express,  copies  to  the  attorneys  of  the 
adverse  parties,  and  note  such  service  on  the  original. 

2.  Points  Where  Clerk  Prints  Record. — The  time  for  filing  points 
and  authorities,  in  cases  where  the  record  is  printed  by  the  Clerk,  shall 
commence  to  run  from  the  filing  of  the  printed  copy  of  the  transcript. 

Rule  13.  Cost  of  Printing. — The  expense  of  printing  transcripts 
on  appeal  in  civil  causes  and  pleadings,  affidavits,  or  other  papers 
constituting  the  record  in  original  proceedings  upon  which  the  case 
is  heard,  required  by  these  rules  to  be  printed,  shall  be  allowed  as 
costs,  and  taxed  in  bills  of  costs  in  the  usual  mode. 

Rule  14.  Suggestion  of  Diminution  of  Record. — For  the  purpose  of 
correcting  any  error  or  defect  in  the  transcript,  either  party  may  sug- 
gest the  same  in  writing,  and  upon  good  cause  shown,  obtain  an  order 
that  the  proper  Clerk  certify  to  the  Court  in  which  the  case  is  then 
pending,  the  whole  or  part  of  the  record,  as  may  be  required,  or  may 
produce  the  same  duly  certified  without  such  order.  If  the  attorney 
or  counsel  of  the  adverse  party  be  absent,  or  the  fact  of  the  alleged 
error  or  defect  be  disputed,  the  suggestion,  except  when  a  certified 
71 


1122 

copy  of  the  omitted  record  is  produced  at  the  time,  must  be  accom- 
panied by  an  affidavit  showing  the  existence  of  the  error  or  defect 
alleged. 

Rule  15.  Exceptions  to  Transcript. — Exceptions  or  objections  to 
the  transcript,  statement,  the  bond  or  undertaking  on  appeal,  the 
notice  of  appeal,  or  to  its  service,  or  any  technical  exception  or  objec- 
tion to  the  record  in  civil  cases,  affecting  the  right  of  the  appellant 
to  be  heard  on  the  points  of  error  assigned,  which  might  be  cured  on 
suggestion  of  diminution  of  the  record,  must  be  taken  and  notified 
to  the  appellant,  in  writing,  at  least  five  days  before  the  hearing,  or 
they  will  not  be  regarded;  and  when  so  noted,  it  shall  be  the  duty  of 
the  appellant  to  present  and  file  at  the  hearing  of  the  cause  such 
additional  record,  certificate,  or  other  matter,  if  such  there  be,  to  re- 
move or  answer  the  objection  or  exception  so  taken;  otherwise  such 
objection  or  exception,  if  well  taken,  shall  prevail. 

Rule  16.  Suggestion  of  Death  of  Party. — Upon  the  death,  or  other 
disability,  of  a  party,  pending  an  appeal,  his  representative  shall  be 
substituted  in  the  suit,  by  proper  proceedings  for  that  purpose  in  the 
trial  Court.  Upon  suggestion  thereof  and  the  presentation  of  a  cer- 
tified copy  of  the  order  of  substitution  made  by  the  trial  Court,  a  like 
order  of  substitution  will  be  made  in  the  Court  in  which  the  case  is 
pending  on  appeal,  and  the  cause  shall  proceed  as  in  other  cases. 

Rule  17.  Calendar. — Criminal  causes  shall  be  placed  at  the  head  of 
the  calendar,  and  shall  be  followed  by  such  other  causes  as  are  pre- 
ferred by  law.  Other  causes  shall  be  arranged  on  the  calendar  of  the 
respective  courts,  as  the  Chief  Justice  of  the  Supreme  Court,  or  the 
Presiding  Justice  of  the  District  Court  of  Appeal,  respectively,  may 
direct. 

Rule  18.  Printing  of  Points,  etc. — In  all  cases  where  a  paper  or 
document  is  required  by  these  rules  to  be  printed,  it  shall  be  printed 
upon  similar  paper  and  in  the  same  style  and  form  (except  the  num- 
bering of  the  folios  in  the  margin),  as  is  prescribed  for  the  printing 
of  transcripts. 

Rule  19.  Oral  Argument. — No  more  than  one  counsel  upon  a  side 
will  be  heard  upon  the  oral  argument,  except  when  otherwise  ordered ; 
but  each  defendant,  or  intervener,  who  appeared  separately  in  the  Court 
below  may  be  heard  through  his  own  counsel,  unless  the  Court  other- 
wise order.  The  counsel  for  each  party  shall  be  allowed  only  one  hour, 
unless  an  extension  of  time  is  ordered  before  the  argument  begins. 

Rule  20.  Regular  Sessions— Motions— Time  of  Notice.— 1.  For  the 
purpose  of  hearing  motions  of  which  notice  is  required  to  be  given,  the 
Supreme  Court  will  be  in  session  at  San  Francisco  on  the  first  Monday 
of  each  month  at  10  o'clock  A.  M.,  except  when  the  regular  sessions 
at  Sacramento  and  Los  Angeles  are  held  during  the  week  beginning 
on  that  day.  Motions  may  also  be  presented  and  submitted  on  the 
first  day  of  each  regular  session  of  said  Court  at  Sacramento  and  Los 
Angeles. 


RULES — SUPREME  COURT  OF  CALIFORNIA.  1123 

2.  Each  District  Court  of  Appeal  shall  be  in  session  for  the  hear- 
ing of  causes  at  such  times  and  for  such  periods  as  such  Court  may, 
by  order,  direct.  Each  of  said  Courts  shall,  by  general  order,  pro- 
vide for  a  regular  session  for  said  purpose  to  be  held  at  least  once  in 
each  quarter.  For  the  purpose  of  hearing  motions,  each  District  Court 
of  Appeal  shall  be  in  session  on  the  fourth  Monday  in  each  month  at 
10  o'clock  A.  M. 

3.  In  all  cases  where  notice  of  a  motion  is  necessary,  unless  for  good 
cause  shown  the  time  is  shortentd  by  the  Court  or  by  the  Chief 
Justice  or  Presiding  Justice  thereof,  the  notice  shall  be  ten  days. 

Rule  21.  Opinion  Transmitted  With  Remittitur. — When  a  case  on 
appeal  or  certiorari  is  finally  decided,  a  certified  copy  of  the  opinion 
in  the  case  shall  be  transmitted  with  the  remittitur,  to  the  Court  below, 
or  to  the  tribunal  whose  record  is  reviewed. 

Rule  22.  Copy  for  Service  in  Habeas  Corpus. — Any  person  apply- 
ing for  a  writ  of  habeas  corpus  shall  furnish  with  the  petition  a  copy 
thereof  for  service  upon  the  party  to  whom  the  writ  shall  be  ad- 
dressed. Such  copy  shall  be  delivered  to  the  officer  with  the  writ  for 
service,  and  shall  be  by  him  delivered  to  the  party  on  whom  service 
is  made,  with  the  writ. 

Rule  23.  Costs. — In  civil  cases  the  Clerk  shall  not  be  required  to 
remit  the  final  papers  until  the  costs  are  paid.  In  all  cases  in  which 
the  judgment  or  order  appealed  from  is  reversed  or  modified,  and  the 
order  of  reversal  or  modification  contains  no  directions  as  to  the  costs 
of  appeal,  the  Clerk  will  enter  upon  the  record,  and  insert  in  the  re- 
mittitur, a  judgment  that  the  appellant  recover  the  costs  of  appeal. 

Rule  24.  Dismissal  of  Appeal  on  Stipulation. — An  appeal  or  writ 
of  error  may  be  dismissed  at  any  time,  upon  and  in  accordance  with 
the  written  stipulation  of  the  attorneys  of  record  of  the  respective 
parties.  Such  stipulation  shall  be  accompanied  by  a  certificate  of  the 
Clerk  of  the  Court  below,  showing  the  names  of  attorneys  of  the  re- 
spective parties  and  the  date  and  character  of  the  judgment  or  order 
appealed  from.  Upon  and  in  accordance  with  such  stipulation,  and 
upon  order  of  the  Court,  the  Clerk  shall  enter  such  dismissal,  and  the 
remittitur  shall  issue  thereon  in  accordance  with  the  terms  of  such 
stipulation. 

Rule  25.  Inspection  of  Original  Papers. — When  the  inspection  of 
an  original  paper,  which  was  offered  in  evidence  in  the  Court  below, 
is  shown  to  be  necessary  to  a  correct  decision  of  the  appeal,  the  Court 
may  order  the  Clerk  of  the  Court  below  to  transmit  such  original 
paper,  if  in  his  possession,  to  the  Clerk  of  the  Court ;  and  if  such  paper 
be  in  the  possession  of  a  party  to  the  action,  he  may  produce  the 
same  on  the  hearing  of  the  cause,  or  he  may,  upon  motion  and  notice 
of  the  adverse  party,  be  required  to  produce  such  paper  on  the  hearing 
of  the  cause;  and  in  default  thereof,  the  Court  will  intend  the  paper 
to  be,  in  all  respects,  as  alleged  by  the  opposite  party. 

Rule  26.  Reasons  for  Original  Application  to  the  Court  to  be 
Stated. — 1.  When  any  application  is  made  to  the  Supreme  Court,  or 


1124  hillyer's  legal  manual. 

to  a  District  Court  of  Appeal,  for  a  writ  of  mandamus,  certiorari,  pro- 
hihition,  procedendo,  or  for  any  prerogative  writ  to  be  issued  in  the 
exercise  of  its  original  jurisdiction,  and  such  application  might  have 
been  lawfully  made  to  a  lower  Court  in  the  first  instance,  the  affidavit 
or  petition,  in  addition  to  the  necessary  matter  requisite  by  the  rules  of 
law  to  support  the  application,  shall  also  set  forth  the  circumstances 
which,  in  the  opinion  of  the  applicant,  render  it  proper  that  the  writ 
should  issue  originally  from  the  Appellate  Court  to  which  such  appli- 
cation is  made,  and  not  from  such  lower  Court.  The  sufficiency  or 
insufficiency  of  such  circumstances,  so  set  forth  in  that  behalf  will  be 
determined  by  the  Court  in  awarding  or  refusing  the  application.  In 
case  any  Court,  Judge,  or  other  officer,  or  any  board,  or  other  tribunal 
in  the  discharge  of  duties  of  a  public  character,  be  named  in  the  appli- 
cation as  respondent,  the  affidavit  or  petition  shall  also  disclose  the 
name  or  names  of  the  real  party  or  parties,  if  any,  in  interest,  or  whose 
interest  would  be  directly  affected  by  the  proceedings. 

2.  Memorandum,  of  Authorities. — All  ex  parte  applications  for  the 
issuance  of  writs  in  the  exercise  of  original  jurisdiction  shall  be  type- 
written or  printed,  and  filed  with  the  Clerk  of  the  Court  to  which  such 
application  is  made,  and  the  same  shall  be  accompanied  by  a  memo- 
randum of  points  and  authorities  in  support  of  the  application. 

3.  Return  and  Issuance  of  Writ. — Upon  the  return  day  of  the 
alternative  writ,  the  respondent  may  make  return,  either  by  demurrer 
or  by  answer,  or  by  both.  If  the  return  be  by  demurrer  alone  and 
the  demurrer  is  not  sustained,  the  writ  will  be  ordered  to  issue  with- 
out leave  to  answer  over, 

4.  Stay  of  Proceedings. — When  an  application  is  made  for  an  alter- 
native writ,  an  order  staying  the  proceedings  of  any  Court  or  officer, 
until  the  return  of  the  writ,  will  not  be  made  unless  due  notice  of  the 
application  for  the  writ  shall  have  been  given  to  all  the  parties  inter- 
ested in  the  proceedings. 

Rule  27.  Settlement  of  Bills  of  Exceptions  on  Death  of  Judge. — 
When  the  Judge  before  whom  an  action  was  tried  is  dead,  or  has 
been  removed  from  office,  or  resigns,  any  unsettled  bill  of  exceptions, 
or  statement  on  motion  for  new  trial  therein,  may  be  settled  and  certi- 
fied by  his  successor  in  office ;  or,  if  he  be  disqualified,  by  a  Judge  of 
the  same  or  an  adjoining  county.  And  when  the  Judge  before  whom 
an  action  was  tried  becomes  disqualified,  or  is  absent  from  the  State, 
such  bill  of  exceptions  or  statement  may  be  settled  and  certified  before 
a  Judge  of  the  same  or  an  adjoining  county. 

Rule  28.  Rehearings  and  Opinions. — 1.  All  orders  of  the  Supreme 
Court  granting  rehearings,  or  for  hearing  in  bank  causes  decided  in 
Departments,  or  for  hearing  in  the  Supreme  Court  after  decision  in 
a  District  Court  of  Appeal,  shall  be  signed  by  the  members  of  the 
Court  assenting  thereto,  and  filed  with  the  Clerk. 

2.  Opinions  Within  Ninety  Days  After  Submission. — Every  opinion 
of  the  Supreme  Court  which  shall  have  received  the  assent  of  a  suffi- 


RULES — SUPREME  COURT  OF  CALIFORNIA.  1125 

eient  number  of  the  members  of  the  Court  to  order  the  judgment 
therein  directed,  shall  be  filed  within  ninety  days  after  the  submission 
of  the  cause  in  which  such  opinion  is  written. 

3.  Filing  of  Opinions. — Opinions  of  the  Supreme  Court  will  be  kept 
in  the  office  of  the  Clerk  in  San  Francisco.  If  the  opinion  is  in  a  case 
submitted  in  another  District,  a  certified  copy  thereof  shall  imme- 
diately be  transmitted  to  the  Clerk's  office  of  such  District,  and  there 
kept  on  file. 

Rule  29.  Authentication  of  Papers. — In  all  cases  of  ,appeal  from 
the  orders  of  the  Superior  Courts,  the  papers  and  evidence  used  or 
taken  on  the  hearing  of  the  motion  must  be  authenticated  by  incor- 
porating the  same  in  a  bill  of  exceptions,  except  where  another  mode 
of  authentication  is  provided  by  law. 

Rule  30.  Applications  for  Rehearing. — 1.  Applications  for  a  re- 
hearing of  a  cause  by  the  Court  rendering  the  judgment  therein  must 
be  filed  and  a  copy  served  on  the  adverse  party,  within  twenty  days 
after  the  judgment  is  pronounced.  The  adverse  party  may  file  an 
answer  thereto  not  less  than  two  days  before  the  expiration  of  the 
time  within  which  the  rehearing  can  be  granted. 

2.  The  submission  of  a  cause  to  a  Department  of  the  Supreme  Court 
without  oral  argument  shall  be  deemed  to  be  a  waiver  of  an  oral  argu- 
ment of  the  same  in  bank,  if  for  any  reason  the  same  is  thereafter 
ordered  to  be  heard  in  bank;  and  when  the  order  that  the  cause  be 
heard  in  bank  is  made,  the  same  shall  be  at  once  submitted  for  deci- 
sion, unless  otherwise  ordered  by  the  Court. 

3.  Applications  after  a  judgment  of  a  District  Court  of  Appeal  has 
become  final,  for  an  order  that  the  cause  be  heard  and  determined 
by  the  Supreme  Court,  must  be  accompanied  by  a  copy  of  the  opinion 
of  the  District  Court  of  Appeal,  showing  the  date  of  the  filing  thereof, 
and  must  be  filed  and  a  copy  served  on  the  adverse  party,  within  ten 
days  after  the  judgment  of  the  District  Court  of  Appeal  has  become 
final  therein.  The  adverse  party  may  file  an  answer  thereto  not  less 
than  ten  days  before  the  time  for  making  such  order  for  hearing  in  the 
Supreme  Court  will  expire. 

4.  The  time  herein  prescribed  shall  not  be  extended,  and  the  Clerk 
must  not  file  any  such  application  or  answer  after  the  time  therefor 
has  expired.  In  civil  cases  such  applications  and  answers  must  be 
printed. 

Rule  31.  Applications  for  the  Transfer  of  Causes. — Applications, 
before  judgment,  to  have  a  cause  pending  in  a  Department  of  the  Su- 
preme Court  heard  in  bank,  or  to  transfer  a  cause  from  the  Supreme 
Court  to  a  District  Court  of  Appeal,  or  from  a  District  Court  of  Appeal 
to  the  Supreme  Court,  or  to  another  District  Court  of  Appeal,  must  set 
forth  briefly  the  questions  involved  in  the  cause  and  the  reasons 
why  it  should  be  heard  by  the  Court  in  bank,  or  transferred  as  re- 
quested, and  must  be  made  before  the  submission  of  the  cause  in  the 
Court  in  which  it  is  pending. 


1126  hillyer's  legal  manual. 

Rule  32.    Transfer  of  Appeals  not  Taken  to  the  Proper  Court. — 

When  a  District  Court  of  Appeal  decides  that  the  appeal  should  have 
been  taken  to  another  District  Court  of  Appeal  or  to  the  Supreme 
Court,  it  shall  make  an  order  to  that  effect,  and  the  Clerk  of  such 
Court  shall  immediately  transmit  to  such  other  Court  all  papers  in  the 
cause  on  file  in  his  office,  including  the  opinion  of  the  Court  upon 
which  such  order  was  made,  and  thereupon  such  cause  shall  be  deemed 
to  be  duly  transferred  to  the  proper  Court,  according  to  such  order, 
without  further  proceeding. 

Rule  33.  Transfer  of  Causes,  Records  and  Papers. — 1.  When  the 
Judges  of  a  District  Court  of  Appeal  fail  to  agree  on  a  judgment  in 
any  cause,  and  their  opinions  have  been  forwarded  to  the  Supreme 
Court,  thereupon,  of  its  own  motion,  or  upon  suggestion  of  either  party 
in  open  Court  or  in  Chambers,  the  Supreme  Court  will  order  such 
cause  transferred  to  the  Supreme  Court,  or  to  another  District  Court 
of  Appeal,  to  be  there  heard  and  determined.  The  order  may  be  made 
by  the  Chief  Justice,  in  the  name  of  the  Court. 

2.  When  a  cause  is  transferred  to  the  Supreme  Court,  or  to  a  Dis- 
trict Court  of  Appeal,  for  any  cause  except  that  it  was  appealed  to 
the  wrong  Court,  the  Clerk  of  the  Supreme  Court  must  immediately 
send  a  certified  copy  of  the  order  to  the  Court  in  which  the  cause  was 
pending,  unless  it  was  pending  in  the  Supreme  Court.  If  it  is  trans- 
ferred from  the  Supreme  Court,  the  Clerk  must  immediately  send  to 
the  Court  to  which  it  is  transferred  all  the  written  papers,  all  exhibits, 
and  the  original  and  three  copies  of  all  printed  papers  on  file  in  such 
cause  in  his  office,  and  must  preserve  the  remaining  printed  copies  for 
subsequent  disposition.  If  it  is  transferred  from  one  District  Court  of 
Appeal  to  another,  or  to  the  Supreme  Court,  the  Clerk  of  the  Court 
from  which  it  is  transferred  must,  on  receipt  of  a  copy  of  the  order  of 
transfer,  send  to  the  Court  to  which  it  is  transferred  all  papers  and 
records  on  file  in  said  cause  in  his  office,  if  the  order  is  made  before 
judgment ;  if  such  order  is  made  after  judgment  he  must  send  all  writ- 
ten papers  and  the  original  of  all  printed  papers. 

The  Clerk  of  the  Supreme  Court  must  also  send  to  the  Court  to 
which  the  cause  is  transferred,  if  it  is  a  District  Court  of  Appeal,  a 
certified  copy  of  the  order  of  transfer,  and  if  the  order  is  made  upon 
a  failure  to  agree  upon  a  judgment,  the  opinions  of  the  Judges,  which 
have  been  forwarded  to  the  Supreme  Court. 

Rule  34.  Remittiturs  and  Disposition  of  Copies. — 1.  When  a  judg- 
ment of  a  District  Court  of  Appeal  becomes  final  therein,  the  remittitur 
shall  not  be  issued  until  after  the  lapse  of  thirty  days  thereafter,  unless 
otherwise  ordered. 

2.  At  the  expiration  of  said  thirty  days,  if  no  order  for  hearing 
has  been  made  by  the  Supreme  Court,  the  Clerk  of  the  District  Court 
of  Appeal  shall  forthwith  send  to  the  Secretary  of  the  Supreme  Court, 
a  copy  of  the  opinion  of  the  District  Court  of  Appeal  upon  which  such 
final  judgment  was  given. 


RULES — SUPREME  COURT  OF  CALIFORNIA.  1127 

3.  Thereupon  the  seventeen  copies  of  the  printed  papers  in  such 
cause  which  are,  in  accordance  with  these  rules,  in  the  custody  of  the 
Supreme  Court,  shall  be  distributed  as  required  by  law  and  as  ordered 
by  said  Court. 

4.  When  a  judgment  of  the  Supreme  Court,  in  a  cause  filed  after 
these  rules  take  effect,  has  become  final,  seventeen  copies  of  the  printed 
papers  must  be  distributed  as  provided  in  subdivision  3  hereof. 

5.  When  a  cause,  pending  at  the  time  these  rules  take  effect,  is,  or 
has  been,  transferred  to  a  District  Court  of  Appeal  for  decision,  there 
shall  be  sent  to  such  District  Court  of  Appeal  all  the  written  papers  on 
file  and  the  original  and  three  copies  only  of  the  printed  papers  on  file. 
If  such  cause  is  thereafter  ordered  to  the  Supreme  Court  or  to  another 
District  Court  of  Appeal,  all  of  said  papers  shall  be  transmitted  to  the 
Court  to  which  the  cause  is  transferred. 

Rule  35.  Service  on  Attorney  General  Where  State  or  County  is 
Interested. — In  all  criminal  cases,  and  in  all  other  cases  where  the  State 
or  any  officer  thereof  in  his  official  capacity  is  a  party,  and  in  all  cases 
to  which  any  county  may  be  a  party,  unless  the  interest  of  the  county 
is  adverse  to  the  State  or  to  some  officer  thereof  acting  in  his  official 
capacity,  no  transcript  on  appeal  or  brief  on  behalf  of  the  State  or 
of  such  county  or  officer  whom  the  Attorney  General  is  empowered 
to  represent,  shall  be  received  or  filed  without  proof  of  the  service  of 
such  transcript  or  brief  upon  the  Attorney  General.  On  such  tran- 
script or  brief  there  shall  not  be  printed  the  name  of  any  person  as 
attorney  for  the  State  or  for  such  county  or  officer  of  the  State,  other 
than  the  name  of  the  Attorney  General,  without  an  order  of  the  Court 
or  the  written  consent  of  the  Attorney  General  first  obtained. 

Rule  36.  Bills  of  Exceptions  in  Criminal  Cases. — 1.  When  a  party 
in  a  criminal  case  desires  to  have  a  ruling  therein  reviewed  on  appeal, 
and  no  statutory  method  is  provided  for  making  such  ruling  a  part  of 
the  record,  he  may  present  to  the  Judge  who  made  the  ruling,  or  his 
successor,  a  bill  of  exceptions,  exhibiting  such  ruling  and  the  necessary 
explanations,  after  serving  a  copy  thereof  on  the  adverse  party.  The 
adverse  party  may  present  to  such  Judge  amendments  thereto,  after 
serving  the  same  on  the  other  party.  The  bill  may  be  presented  within 
thirty  days  after  the  ruling  and  amendments  thereto  within  ten  days 
after  service  of  the  proposed  bill.  The  bill  must  thereupon  be  settled 
by  the  Judge,  upon  three  days'  notice  to  the  parties,  within  sixty  days 
after  the  ruling  complained  of,  and  when  so  settled  it  shall  become 
a  part  of  the  record  on  appeal  in  such  case.  The  Judge  may,  for  good 
cause,  shorten  the  respective  periods  hereby  fixed. 

2.  Upon  appeal,  copies  of  such  bill  of  exceptions  shall,  if  requested 
by  the  appellant,  be  forwarded  to  the  proper  Appellate  Court,  as  in 
case  of  other  papers  constituting  the  record  on  appeal. 

Rule  37.  Transcript  on  Hearing  in  Supreme  Court  After  Decision 
by  District  Court  of  Appeal.— -When  a  petition  is  filed  in  the  Supreme 
Court  for  hearing  of  a  cause  decided  by  a  District  Court  of  Appeal. 


1128  hillyer's  legal  manual. 

in  which  the  transcript  is  prepared  and  filed  as  prescribed  in  sections 
953a,  953b  and  953c,  of  the  Code  of  Civil  Procedure,  or  in  a  criminal 
case,  the  Clerk  of  the  Supreme  Court  shall  immediately  send  notice 
that  such  petition  has  been  filed  to  the  Clerk  of  the  District  Court  of 
Appeal  in  which  the  case  was  decided,  who  shall  forthwith  transmit 
to  the  Clerk  of  the  Supreme  Court  the  transcript  of  the  record  filed 
in  such  case.  If  the  petition  is  not  granted  the  Clerk  of  the  Supreme 
Court  shall  return  such  transcript  to  the  Clerk  of  the  proper  District 
Court  of  Appeal.  If  it  is  granted,  such  transcript  shall  be  filed  by 
the  Clerk  of  the  Supreme  Court. 

Ordered,  That  the  foregoing  Rules  be  and  the  same  are  hereby 
adopted  as  the  rules  for  the  government  of  the  Supreme  Court  and 
District  Courts  of  Appeal  of  the  State  of  California,  and  for  the  regu- 
lation of  practice  therein,  and  that  they  take  effect  on  the  eighteenth 
day  of  March,  A.  D.  1912,  and  that  thereupon  the  Rules  heretofore 
made  be  abrogated. 


January  16,  1912. 


Attest :  B.  Grant  Taylor,  Clerk. 


W.  H.  BEATTY,  Chief  Justice. 
F.  M.  ANGELLOTTI,  Justice. 
LUCIEN  SHAW,  Justice. 
W.  G.  LORIGAN,  Justice. 
HENRY  A.  MELVIN,  Justice. 
M.  C.  SLOSS,  Justice. 
F.  W.  HENSHAW,  Justice. 


RULES    OF    PRACTICE— SUPERIOR    COURT— SAN 

FRANCISCO. 

GENERAL. 

Rule  1.  Departments. — The  Superior  Court  will  ordinarily  hold  as 
many  sessions  at  the  same  time  as  there  are  Judges  of  the  Court ;  and 
for  such  purpose,  and  for  the  purpose  of  a  more  convenient  classifica- 
tion and  distribution  of  business,  said  Court  is  hereby  divided  into 
twelve  Departments,  numbered  from  one  to  twelve,  inclusive. 

The  presiding  Judge  shall  from  time  to  time  designate  certain  de- 
partments of  the  Court  for  the  hearing  and  disposition  of  criminal 
cases  and  proceedings,  and  shall  designate  one  or  more  departments 
for  matters  of  probate  and  guardianship,  to  which  such  matters  in  the 
first  instance  shall  be  assigned. 

All  other  Departments  shall  transact  the  general  civil  business  of 
the  Court,  including  such  cases  originally  assigned  to  the  probate  De- 
partment as  may  be  reassigned  or  transferred  by  the  presiding  Judge. 

Rule  2.  Assignment  and  Transfer  of  Civil  Cases. — All  civil  actions, 
matters  and  proceedings,  except  probate  and  guardianship  matters, 
shall  be  assigned  equally  as  may  be  among  the  several  general  civil 
Departments  by  the  presiding  Judge.     Whenever  the  proper  dispatch 


RULES — SUPERIOR  COURT  OF  SAN  FRANCISCO.  1129 

of  business  shall  so  require,  any  case,  if  ready  for  trial,  may,  at  the 
request  of  the  Judge  before  whom,  it  is  pending,  be  transferred  to  an- 
other Department  by  the  presiding  Judge. 

Rule  3.  Drawing  of  Grand  Jurors. — It  shall  be  the  duty  of  the  pre- 
siding Judge  to  preside  in  person  over  the  drawing  and  impanelment 
of  all  Grand  Juries  required  by  law  or  by  the  public  interests  to  be 
drawn. 

Grand  Jurors  must  in  all  cases  be  drawn  from  the  list  of  Grand 
Jurors  selected  by  the  Judges  of  this  Court,  unless  the  Grand  Jury  box 
containing  the  names  of  jurors  so  selected  shall  be  exhausted,  without 
securing  a  Grand  Jury. 

Rule  4.  Motions — Where  Made. — All  motions  connected  with  any 
case,  whether  ex  parte  or  on  notice,  if  made  in  open  Court,  shall  be 
made  in  the  Department  to  which  the  case  has  been  assigned.  If 
made  at  Chambers,  all  motions  must  be  made  to  the  Judge  of  that  De- 
partment to  which  the  case  has  been  assigned,  except  in  case  of  his 
absence  or  inability  to  act;  and  in  such  case  the  reason  for  applying 
to  any  other  Judge  must  be  shown. 

No  m^otion  or  argument  will  be  heard  or  entertained  unless  made  by 
a  duly  licensed  attorney  of  this  Court. 

Rule  5.  Law  and  Motion  Days — Ex  Parte  Motions. — One  day  in 
each  week  shall  be  set  apart  by  order  of  each  Department  to  be  known 
as  ''Law  and  Motion  Day."  The  Law  and  Motion  Calendar  shall  con- 
tain all  actions  in  which  an  issue  of  law  is  pending,  motions  for  new 
trial  and  motions  for  judgments  on  the  pleadings,  on  agreed  statements 
of  facts,  or  upon  the  findings  of  the  Court  or  the  report  of  a  Referee ; 
also,  all  contested  motions  of  which  notice  has  been  given  to  the  Reg- 
ister Clerk  on  or  before  noon  of  the  preceding  day. 

Ex  parte  motions  will  be  in  order  each  day  at  the  beginning  of  Court, 
but  not  afterward  while  the  Court  is  engaged  in  the  trial  of  a  cause 
or  the  hearing  of  an  argument. 

Rule  6.  Notice  of  Motion — Service  of  Papers. — Where  by  statute, 
or  by  these  rules,  notice  of  motion  is  required  to  be  given,  copies  of 
all  papers  to  be  used  by  the  moving  parties  (except  pleadings  and  other 
records  of  Court)  shall  be  served  with  the  notice  of  the  motion. 
Copies  of  all  counter-affidavits  must  be  served  before  the  hearing. 
The  notice  of  motion  shall  specify  the  papers  to  be  used  by  the  mov- 
ing party  and  the  grounds  of  the  motion.  An  order  to  show  cause 
shall  be  deemed  a  notice  of  motion  within  the  meaning  of  this  rule. 

Rule  7.  Application  for  an  Order  Refused. — When  an  application 
for  an  order  has  been  made  to  a  Judge  or  to  the  Court,  and  refused  in 
whole  or  in  part,  or  granted  conditionally  or  on  terms,  and  a  subse- 
quent application  upon  an  alleged  different  state  of  facts  shall  be 
made,  it  shall  be  shown  by  affidavit  what  application  was  before  made, 
when  and  to  what  Judge,  what  order  or  decision  was  made  thereon, 
and  what  new  facts  are  claimed  to  be  shown ;  and,  for  the  omission  to 
comply  with  this  requirement,  any  order  made  on  such  subsequent  ap- 
plication may  be  revoked  or  set  aside. 


1130 

Rule  8.  Manner  of  Making  Motions. — The  manner  of  making  mo- 
tions shall  be  as  follows: 

1.  The  moving  party  shall  read  the  moving  papers,  or  state  the  con- 
tents thereof.  2.  The  party  opposing  shall  then  read  or  state  the  con- 
tents of  his  opposing  papers.  3.  The  counsel  for  the  moving  party 
shall  then  make  his  argument,  to  be  followed  by  the  counsel  of  the 
opposing  party ;  and  the  counsel  for  the  moving  party  may,  in  the  dis- 
cretion of  the  Court,  reply. 

Not  more  than  twenty  minutes  shall  be  allowed  counsel  on  each  side 
for  argument  of  a  demurrer  or  motion,  except  on  motions  for  a  new 
trial.  The  time  may  be  extended  in  the  discretion  of  the  Court  upon 
application  before  the  commencement  of  the  argument. 

Rule  9.  Indorsements. — ^ITpon  the  hearing  of  any  motion,  the  affi- 
davits used  by  either  party  shall  be  indorsed  by  the  Clerk,  "Used  on 
the  hearing,"  and  filed. 

Rule  10.  Order  of  Publication  of  Summons  to  be  Filed. — Whenever 
an  order  of  publication  of  summons  is  made,  the  order  must  be  filed 
with  the  Clerk,  within  twenty-four  hours  after  the  same  is  made,  and 
the  publication  of  the  summons  under  any  such  order  must  be  com- 
menced within  thirty  days  from  the  date  of  the  order.  Failure  to  pub- 
lish within  the  time  specified  in  this  order  shall  ipso  facto  vacate  the 
order. 

Rule  11.  Requisites  of  Cost  Bill  and  of  Objections  Thereto. — A 
memorandum  of  costs,  filed  under  the  provisions  of  Section  1033,  Code 
of  Civil  Procedure,  must  particularly  specify  the  items  of  disburse- 
ments claimed ;  and,  where  witness  fees  are  included,  the  names  of  the 
witnesses  must  be  set  forth,  w^ith  dates  of  attendance  on  the  Court. 

A  notice  of  motion  to  retax  costs  must  specify  the  items  in  the  costs 
bill  objected  to  and  the  grounds  of  objection  thereto. 

Rule  12.  Motion  to  Strike  Out. — The  party  moving  to  strike  out 
any  portion  of  a  pleading  shall,  in  the  notice  of  motion,  distinctly 
specify  the  page  and  lines,  or  parts  of  lines,  asked  to  be  stricken  out ; 
and  such  notice  of  motion  must  be  served  and  filed  within  the  statutory 
time  to  plead.  And  the  pendency  of  a  motion  to  strike  out  any  por- 
tion of  a  pleading  shall  not  enlarge  the  time  to  answer  or  demur  with- 
out an  order  of  the  Court  or  a  Judge  thereof. 

Rule  13.  Requirements  as  to  Documents  for  Filing — Indorsements. 
All  pleadings,  petitions,  statements  and  bills  of  exceptions,  before 
being  filed  or  served,  shall  be  paged  and  lines  numbered,  and  in  all 
cases  of  more  than  one  distinct  cause  of  action,  defense  or  counter- 
claim, the  same  shall  not  only  be  separately  stated,  but  plainly  num- 
bered. All  documents  and  pleadings  intended  for  the  files  of  the 
Court  shall  be  on  white  writing  paper  or  legal  cap,  of  good  quality, 
and  without  interlineations  unless  noted  by  the  Clerk  at  the  time  of 
filing ;  and  all  matter  shall  be  printed  or  written  only  on  one  side  of  the 
paper.  All  copies  served  shall  correspond  with  the  original  in  paging 
and  lines.     The  office  address  by  street  and  number  of  the   attorney 


RULES — SUPERIOR  COURT  OF  SAN  FRANCISCO.  1131 

appearing  for  a  party  filing  any  complaint,  answer  or  demurrer,  or 
notice  of  special  appearance,  must  be  indorsed  upon  such  pleading  or 
notice,  if  such  attorney  have  an  office  in  this  city  and  county;  other- 
wise, the  name  and  place  of  residence  of  such  attorney  must  be,  in  like 
manner,  indorsed  upon  such  pleading  or  notice. 

The  character  of  the  action  shall  be  indorsed  upon  all  complaints. 

Rule  14.  Extension  of  Time. — No  order  extending  the  time  within 
which  any  act  is  required  by  law  to  be  done  shall  be  made  which,  by 
its  terms  or  in  connection  with  any  other  order  or  orders  or  any  stipu- 
lation, shall  operate  to  extend  such  time  more  than  thirty  days  beyond 
the  time  given  by  law. 

In  case  the  time,  within  which  any  act  is  required  by  law  to  be  done, 
is  extended  by  stipulation,  no  extension  of  time  shall  afterward  be 
granted  by  the  Court  or  a  Judge,  which  when  added  to  the  time 
already  given  by  stipulation  shall  exceed  thirty  days;  and  the  order 
shall  correctly  show  upon  its  face  the  extensions  of  time  previously 
given.  Every  such  order  shall  be  filed  and  served  before  10  o'clock 
A.  M.  on  the  next  judicial  day. 

No  extension  of  time  exceeding  two  days  shall  be  allowed  by  any 
Judge  of  this  Court  in  cases  pending  in  a  department  of  the  Court 
other  than  his  own.  Only  one  extension  of  time  shall  be  thus  granted, 
and  any  second  application  for  time  must  be  made  either  to  the  Judge 
in  whose  Department  the  case  is  pending,  or  in  case  of  his  sickness  or 
absence,  to  the  presiding  Judge,  and  good  cause  therefor  must  be 
shown. 

Orders  extending  time  for  making  or  serving  notice  of  a  motion  must 
specify  the  motion  intended. 

When  by  order  of  the  Court  or  by  stipulation  the  time  to  plead  has 
been  extended  ten  days,  no  additional  time  exceeding  two  days  shall 
be  granted,  except  to  answer. 

When  a  demurrer  to  a  complaint  is  overruled,  the  time  allowed  for 
answering  shall  not  exceed  ten  days,  except  upon  showing  good  cause 
for  granting  further  time. 

Rule  15.  Application  to  Amend  Pleadings. — In  cases  where  the 
right  to  amend  any  pleading  is  not  of  course,  the  party  desiring  to 
amend  (except  when  the  application  is  made  during  the  trial  of  a 
cause)  shall  serve,  with  the  notice  of  application  to  amend,  a  copy  of 
the  pleading,  with  the  amendment  incorporated  therein,  or  a  copy  of 
the  proposed  amendment,  referring  to  the  page  and  line  of  the  plead- 
ing where  it  is  desired  that  the  amendment  be  inserted;  and,  if  the 
pleadings  were  verified,  shall  verify  such  amended  pleading  or  such 
proposed  amendment  before  the  application  shall  be  heard. 

Rule  16.  Substitution  of  Party  in  Case  of  Death  or  Other  Dis- 
ability.— Upon  the  written  suggestion  of  the  death  or  other  disability 
of  a  party  to  any  pending  action,  by  his  legal  representative  or  by  any 
party  to  the  action,  an  order  shall  be  made  substituting  such  repre- 
sentative on  the  record. 


1132 

A  copy  of  said  order  shall  be  served  on  all  parties  to  the  action 
before  any  further  proceedings  are  had  therein. 

Rule  17.  Jury  in  Equity  Cases — When. — In  equity  cases  and  in  all 
other  cases  where  the  right  to  a  jury  trial  is  not  guaranteed  by  the 
law,  if  either  party  shall  desire  a  jury  trial,  such  party  shall,  after 
issue  joined,  give  notice  of  a  motion,  to  be  made  upon  the  pleadings, 
that  the  whole  issue,  or  any  specified  questions  of  fact  involved  therein, 
be  tried  by  a  jury. 

With  the  notice  of  motion  shall  be  served  a  copy  of  the  questions 
of  fact  proposed  to  be  submitted  to  the  jury  for  trial,  and  in  proper 
form  to  be  incorporated  in  the  order  settling  the  issues  to  be  tried  by 
a  jury. 

No  suit  or  matter  in  equity,  or  other  suit  or  matter  in  which  the 
right  to  a  trial  by  jury  is  not  guaranteed  by  law,  will  be  tried  by  a 
jury,  unless  the  issues  in  such  cause  or  matter  have  been  settled  as 
required  by  this  rule. 

Rule  18.  Setting  Causes  for  Trial. — The  Court  may  specially  set 
causes  for  trial  upon  the  written  stipulation  of  the  parties,  or  stipula- 
tion made  in  open  court,  or  upon  application  of  either  party  after  two 
days'  notice  to  the  other  party. 

Rule  19.  Jury  Fees. — Each  party  to  the  action  not  waiving  a  jury 
shall,  at  such  time  as  may  be  by  the  Court  directed,  deposit  jury  fees 
with  the  Sheriff.  The  jurors  shall  be  paid  out  of  the  moneys  deposited, 
except  where  the  amount  recovered  is  less  than  three  hundred  dol- 
lars. If,  in  any  trial  in  a  civil  action,  a  jury  be  for  any  cause  dis- 
charged without  finding  a  verdict,  the  fees  of  the  jury  shall  be  paid  by 
the  party  not  waiving  a  jury,  but  may  be  recovered  as  costs  if  such 
party  afterward  obtains  a  judgment.  Any  party  or  parties  waiving  a 
jury  in  the  manner  provided  by  law  shall  not  be  required  to  deposit 
jury  fees  as  herein  provided.     (In  effect  July  1,  1908.) 

Rule  20.  Proposed  Instructions  to  Juries. — (a)  Instructions  re- 
quested by  any  party  must  be  presented  to  the  Court  before  the  intro- 
duction of  evidence.  In  the  exercise  of  a  sound  discretion,  however, 
the  Court  may,  up  to  the  time  that  the  argument  commences,  grant  an 
application  for  permission  to  present  additional  proposed  instructions. 

(b)  Each  proposed  instruction  shall  be  typewritten  on  legal  cap 
sheets  of  blank  paper  of  uniform  size. 

(c)  One  sheet  shall  contain  the  title  of  the  Court  and  cause,  with 

the  designation "Proposed  Instructions  to  the  Jury"  filled  in,  and 

be  signed  by  the  counsel. 

(d)  The  sheets  shall  not  be  numbered  by  the  parties. 

(e)  The  proposed  instructions  shall  not  be  numbered  by  the  parties. 

(f)  Each  proposed  instruction  shall  begin  at  the  top  of  a  sheet. 

(g)  Each  proposed  instruction  must  relate  to  one  subject  only. 

(h)  The  sheets  shall  be  placed  in  a  cover,  properly  indorsed,  and 
secured  by  a  temporary  fastening.     And 


RULES — SUPERIOR  COURT  OF  SAN  FRANCISCO.  1133 

(i)  The  proposed  instructions  shall  be  handed  to  the  Judge  person- 
ally, and  thereupon  a  copy  thereof  delivered  to  the  other  party  or  par- 
ties to  the  action  or  proceeding. 

(j)  All  instructions  to  juries  will  be  settled  between  Court  and  coun- 
sel before  argument  to  jury  begins. 

Rule  21.  Agreements  Between  Parties  or  Their  Attorneys. — No 
agreement  or  consent  between  the  parties  or  their  attorneys,  in  respect 
to  the  proceedings  in  a  cause,  the  purport  of  which  is  disputed 
or  denied,  will  be  regarded  by  the  Court,  unless  the  same  shall  have 
been  made  or  assented  to  in  open  Court  and  entered  in  the  minutes, 
or  unless  the  evidence  thereof  shall  be  in  writing,  subscribed  to  by  the 
party  against  whom  the  same  may  be  alleged,  or  by  his  attorney. 

Rule  22.  Order  of  Examination  of  Witnesses  and  Summing  Up  on 
Trial  of  Issues  of  Fact. — On  trial  of  issues  of  fact  only  one  counsel  on 
each  side  shall  examine  or  cross-examine  a  witness,  unless  the  Court 
shall  otherwise  direct. 

The  party  having  the  affirmative  shall  be  entitled  to  begin,  and  shall, 
before  introducing  his  testimony,  open  his  case  by  stating  generally 
what  he  expects  to  prove.  The  other  party  may  then  state  what  he 
expects  to  prove.  After  the  testimony  is  closed,  the  party  holding  the 
affirmative  may  address  the  jury,  and  shall,  if  desired  by  the  opposite 
party,  read  and  refer  to  his  authorities  and  state  his  points ;  the  party 
holding  the  negative  of  the  issue  may  then  sum  up  his  case,  and  the 
party  holding  the  affirmative  may  close. 

Not  more  than  one  hour  on  each  side  will  be  allowed  for  the  argu- 
ment of  a  cause,  unless  the  Court  shall  otherwise  order. 

Rule  23.  When  Counsel  not  to  Argue  or  Sum  Up  to  the  Jury. — If 
the  attorney  or  counsel  of  either  party  offers  himself  as  a  witness  on 
behalf  of  his  client,  and  gives  evidence  on  the  merits,  on  the  trial,  he 
shall  not  argue  the  case  or  sum  it  up  to  the  jury,  unless  by  consent  of 
the  opposite  party  or  permission  of  the  Court. 

Rule  24.  Counsel  to  Furnish  Form  of  Decree  and  of  Proposed  Find- 
ings.— The  counsel  obtaining  any  order,  judgment  or  decree  shall  be 
required  to  furnish  the  form  of  the  same. 

Immediately  on  the  termination  of  the  trial  of  a  case  before  the 
Court,  or  earlier  if  directed  by  the  Court,  the  respective  parties  shall 
furnish  the  Court  with  the  form  of  proposed  findings  of  facts. 

Rule  25.  Order  Staying  Proceedings  to  be  Served. — ^Any  order  to 
stay  proceedings  shall  be  served  within  forty-eight  hours  from  the  time 
when  made,  or  the  same  shall  become  inoperative,  unless  the  Judge 
making  the  order  shall  otherwise  direct. 

Rule  26.  Writ  of  Attachment— How  Issued.— The  Clerk  shall  in- 
dorse upon  every  affidavit  and  undertaking  filed  to  procure  a  writ  of 
attachment,  pursuant  to  the  Code  of  Civil  Procedure,  the  hour  and 
minute  of  the  day  such  affidavit  and  undertaking  are  filed,  and  the  writ 
shall  be  issued  thereon  according  to  such  indorsement. 


1134  hillyer's  legal  manual. 

Rule  27.  Undertaking  on  Attachment. — The  undertaking  required 
before  issuing  a  writ  of  attachment,  in  any  action,  shall  be  in  an 
amount  equal  to  at  least  one-half  of  the  amount  claimed  by  the  com- 
plaint, but  it  may  be  increased  or  diminished  by  the  Court,  upon  proper 
notice,  for  cause  shown. 

Rule  28.  Filing  of  Order  and  Affidavit  of  Arrest.— The  Sheriff  shall 
file  with  the  Clerk  a  return  containing  copies  of  the  affidavit  and  order 
on  which  any  arrest  is  made,  within  ten  days  after  the  arrest. 

Rule  29.  Divorce  Proceedings. — In  all  cases  of  divorce,  the  at- 
torney appearing  for  a  defendant  not  personally  served  within  the 
jurisdiction  shall  file  with  the  Clerk  satisfactory  evidence  to  the  Court 
of  his  authority  to  act  for  such  defendant. 

In  cases  of  default,  when  the  case  is  referred  to  a  Referee  or  Com- 
missioner to  take  the  testimony,  the  Referee  or  Commissioner  shall 
cross-examine  the  witnesses  fully,  and  report  such  cross-examination 
in  full. 

Rule  30.  Testimony  in  Divorce  Cases. — No  officer  of  the  Court  with 
whom  the  proceedings  in  an  action  of  divorce  are  filed,  or  before  whom 
the  testimony  is  taken,  nor  any  clerk  of  such  office,  either  before  or 
after  the  termination  of  the  suit,  shall  permit  a  copy  of  any  of  the  tes- 
timony, or  of  the  substance  thereof,  to  be  taken  or  to  be  inspected  or 
read  by  any  person  other  than  a  party,  or  the  attorney  or  counsel  of 
a  party,  who  has  appeared  in  the  case,  without  a  special  order  of  the 
Court. 

Rule  31.  Cancellation  of  Instruments  by  Clerk. — In  all  cases  in 
which  a  judgment  is  entered  upon  a  written  instrument,  the  Clerk 
shall,  at  the  time  of  entering  judgment,  note  over  his  official  signature, 
across  the  face  of  the  instrument  the  fact  of  the  entry  of  the  judgment 
and  its  date,  with  the  name  of  the  Court,  and  return  the  instrument 
to  the  party  in  whose  favor  judgment  is  rendered. 

Rule  32.  Guardian  of  Infant  Defendant. — Every  attorney  of  the 
Court  shall  act  as  guardian  of  an  infant  defendant  whenever  appointed 
for  that  purpose  by  an  order  of  the  Court.  He  shall  examine  into  the 
circumstances  of  the  case  so  far  as  to  enable  him  to  make  the  proper 
defense,  and  shall  be  entitled  to  such  compensation  as  the  Court  may 
deem  reasonable. 

Rule  33.  Referee,  Commissioner,  or  Bond  of  Guardian  ad  Litem. — 
No  Referee,  Commissioner,  or  guardian  ad  litem  shall  receive  any 
money  or  property,  unless  the  order  of  his  appointment  specifically 
confers  upon  him  power  to  receive  such  money  or  property;  and  no 
order  shall  be  made  in  any  case  conferring  such  power  until  he  has 
given  security  by  bond  conditioned  for  the  faithful  discharge  of  the 
duties  of  his  trust,  in  double  the  amount  of  such  property  or  money, 
with  two  sureties,  who  shall  justify  as  in  other  cases.  Said  bond  shall 
be  approved  by  the  Judge  of  the  Court  before  whom  the  cause  is  pend- 
ing, or  the  presiding  Judge,  and  filed  with  the  Clerk. 


RULES — SUPERIOR  COURT  OF  SAN  FRANCISCO.  1135 

In  default  of  such  bond,  all  such  money  shall  be  deposited  with  the 
Clerk  of  the  Court,  and  shall  be  by  said  Clerk  deposited  with  the 
County  Treasurer  as  in  other  cases. 

Rule  34.  Termination  of  Life  Estate  or  Homestead. — ^For  the  rule 
of  procedure  in  actions  in  disposition  of  homesteads,  under  Section 
1723,  C.  C.  P.,  see  Probate  Rule  19. 

Rule  35.  Commissions  and  Interrogatories. — The  party  desiring  to 
issue  a  commission  shall,  within  five  days  after  the  order  allowing  a 
commission,  present  the  direct  interrogatories  desired  to  be  pro- 
pounded to  the  Judge  for  settlement  and  allowance,  and  shall  give  no- 
tice of  such  presentation  two  days  prior  thereto,  naming  therein  the 
day,  hour  and  place  where  the  same  will  be  presented;  and,  if  the 
opposite  party  desires  to  have  cross-interrogatories  propounded,  he 
shall  prepare  the  same  and  notice  the  same,  upon  a  notice  of  two  days, 
for  settlement  within  five  days  after  the  direct  interrogatories  have 
been  settled  and  allowed. 

If  notice  of  the  settlement  of  cross-interrogatories  shall  not  be  given, 
as  aforesaid,  the  right  to  join  in  the  commission  shall  be  deemed 
waived. 

Rule  36.  Stipulation  Concerning  Rules. — ^I^arties  may  by  stipula- 
tion waive  any  right  secured  to  them  by  these  rules  except  as  herein- 
after provided,  tut  such  rules  as  are  prescribed  to  facilitate  the 
convenient  dispatch  of  the  court's  business  cannot  be  suspended  by 
such  stipulation. 

Rule  No.  33,  providing  for  the  giving  of  security  by  guardians,  com- 
missioners, etc.,  shall  in  no  case  be  modified  or  suspended. 

Rule  37.  The  Selection,  Drawing  and  Impanehnent  of  Trial  Jurors. 
1.  In  the  month  of  January  of  each  year  the  Judges  shall  select  the 
names  of  at  least  twenty-four  hundred  persons  to  serve  as  trial  jurors 
in  the  Superior  Court  for  the  ensuing  year.  Each  Judge  shall  person- 
ally select  one-twelfth  of  the  required  number.  The  duty  of  selection 
must  not  be  delegated  to  any  other  person.  Each  Judge  shall  deliver 
to  the  presiding  Judge  the  list  of  names  selected  by  him,  duly  certified 
to  be  a  list  personally  selected  by  him.  The  lists  shall  then  be  attached 
together  and  filed  in  the  office  of  the  County  Clerk. 

2.  Upon  receiving  the  lists,  the  Clerk  shall  write  down  the  names 
contained  thereon,  on  separate  pieces  of  paper  of  the  same  size,  shape 
and  appearance ;  fold  each  piece  so  as  to  conceal  the  name  thereon  and 
deposit  the  slips  in  the  ''trial  jury  box,"  after  having  taken  therefrom 
and  destroyed  the  names  remaining  over  from  the  last  preceding  year. 
Said  box  shall  be  kept  locked.  There  shall  be  but  one  key  for  the 
same,  which  must  be  kept  in  the  custody  of  the  presiding  Judge,  who 
shall  deliver  the  same  to  the  Judges  of  the  different  departments  when- 
ever necessary  for  the  transaction  of  the  business  of  the  Court. 

3.  Whenever  the  business  of  any  department  shall  require  the  attend- 
ance of  a  trial  jury,  and  no  jury  is  in  attendance,  the  Court  through 
the  Judge  of  said  Department  shall  make  an  order  directing  a  trial 


1136  hillyer's  legal  manual. 

jury  to  be  drawn  and  summoned  to  attend  before  the  Court  in  such 
department.  The  order  shall  specify  the  number  of  jurors  to  be 
drawn,  and  the  time  at  which  the  jurors  are  to  attend.  The  *' trial 
jury  box"  must  then  be  brought  into  the  Department  by  the  Clerk  and 
opened  by  the  Judge  presiding  in  the  Department.  Thereupon  the 
Clerk  shall  proceed,  in  the  presence  of  the  Court,  to  draw  the  names 
of  jurors  from  the  box  and  conduct  the  drawing  pursuant  to  the  re- 
quirements of  the  Code  of  Civil  Procedure. 

4.  Whenever  the  names  of  trial  jurors  for  any  Department  shall 
have  been  drawn  pursuant  to  the  provisions  of  Subdivision  3,  the  Clerk 
shall  deliver  a  certified  list  of  the  jurors  so  drawn  to  the  Sheriff,  who 
must  serve  written  notice  upon  each  of  them  to  attend  the  Court  in  the 
Department  and  at  the  time  specified  by  the  Court.  The  Sheriff  shall 
not,  nor  shall  any  of  his  deputies,  excuse  any  juror  from  attending.  If 
the  Sheriff  or  any  of  his  deputies  shall  intentionally  fail  to  serve  any 
juror  with  notice,  or  advise  or  induce  a  juror  not  to  attend  or  shall 
falsely  return  that  a  juror  cannot  be  found,  he  shall  be  deemed  guilty 
of  contempt  of  court. 

5.  When  the  jurors  have  appeared  in  obedience  to  the  notice  served 
upon  them  by  the  Sheriff,  none  shall  be  excused  unless  for  good  cause 
shown.  Applications  for  excuse  will  not  be  heard  in  Chambers  or  at 
any  place  other  than  in  open  Court,  while  the  Court  is  in  session.  All 
excuses  and  reasons  therefor  and  the  names  of  the  jurors  excused  shall 
be  entered  by  the  Clerk  in  his  minutes. 

6.  A  Judge  of  one  Department  will  not  request  a  Judge  of  another 
department  to  excuse  a  juror  from  serving. 

7.  No  official,  deputy  official,  or  other  person,  shall  request  a  Judge 
of  this  Court  to  excuse  from  jury  duty  any  person  whose  name  has 
been  drawn  as  a  juror. 

8.  Those  jurors  who  have  not  been  excused  shall  constitute  the  reg- 
ular panel  of  the  department.  The  Clerk  shall  write  their  names  upon 
separate  slips  of  paper  of  uniform  size,  shape  and  color ;  fold  such  slips 
so  that  the  names  are  concealed  and  so  that  no  slip  can  be  identified 
or  distinguished  from  another,  and  then,  in  the  presence  of  the  Court, 
deposit  the  slips  in  the  "department  jury  box,"  lock  the  same  and 
deliver  the  key  to  the  Judge  presiding  in  the  Department,  who  shall 
be  the  exclusive  custodian  of  the  same. 

9.  Whenever  a  jury  case  is  called  for  trial,  the  Judge  shall  open  the 
''department  jury  box";  the  Clerk  of  the  Court  shall  thereupon  shake 
the  box,  and  draw  the  names  of  the  jurors  therefrom  one  at  a  time 
until  the  jury  is  completed.  After  each  name  is  drawn  from  the  box, 
the  Clerk  must  shake  the  box  so  as  to  thoroughly  mix  the  slips  therein 
before  taking  out  another  name.  The  drawing  of  names  of  jurors 
shall  be  done  by  the  Clerk  in  the  immediate  view  and  under  the  sur- 
veillance of  counsel  engaged  in  the  trial  of  the  case. 

10.  All  notices  served  by  the  Sheriff  on  jurors  pursuant  to  the  re- 
quirements of  Subdivision  4  and  Section  225,  C.  C.  P.,  shall  have 
printed  thereon  Section  201,  C.  C.  P.,  and  Subdivisions  4,  5,  6,  and  7 
of  this  rule. 


RULES — SUPERIOR  COURT  OF  SAN  FRANCISCO.  1137 

Rule  38.     Papers  on  Appeal — When  to  be  Filed — Dismissal. — In  all 

Civil  Cases  appealed  to  this  Court,  the  papers  on  appeal  shall  be  filed 
with  the  Clerk  within  forty  (40)  days  after  the  undertaking  on  ap- 
peal is  filed  with  the  Clerk  of  the  Justices'  Court.  If  not  so  sent  up 
and  filed  within  the  time  above  limited,  the  respondent  may  move  to 
dismiss  the  appeal,  after  giving  two  days'  written  notice  to  the  appel- 
lant, and  thereupon  said  appeal  shall  be  dismissed  unless  said  papers 
be  actually  on  file  at  the  time  said  motion  is  called  for  hearing.  In 
that  event  said  motion  shall  be  denied,  but  the  Court  may  impose 
terms. 

Rule  39.  Bonds  by  Corporations  as  Sole  Surety. — No  undertaking 
or  bond  executed  by  a  corporation  as  sole  surety  will  be  hereafter  ap- 
proved unless  a  copy  of  the  certificate  issued  to  such  corporation  by 
the  Insurance  Commissioner  of  this  State  be  filed  with  the  Clerk  of 
this  Court,  together  with  a  copy  of  the  authority  of  the  officer  or  agent 
executing  the  same.  In  all  cases  the  restrictions,  prohibitions,  obliga- 
tions, conditions  and  requirements  as  to  the  justification  enforced 
under  or  imposed  by  the  laws  of  other  States  upon  surety  corporations 
of  this  State  will  be  imposed  and  enforced  in  like  manner  upon  cor- 
porations of  such  other  States  before  they  will  be  accepted  as  sureties 
in  any  action  or  proceeding  in  this  Court. 

Attorneys  Requested  not  to  be  Sureties. — It  is  the  request  of  the 
Court  that  no  practicing  attorney  of  this  Court,  or  municipal  or  county 
or  city  and  county  officer,  shall  be  received  as  surety  on  any  bond  or 
undertaking  to  be  approved  by  this  Court  or  a  Judge  thereof  in  any 
proceeding  in  this  Court. 

Rule  40.  Certificate  of  Counsel  to  Accompany  Demurrer. — ^All  de- 
murrers will  be  accompanied  by  a  certificate  of  counsel  that  the  de- 
murrer is  not  filed  for  delay,  and  in  the  opinion  of  counsel  is  well 
taken  by  point  of  law ;  provided  that  in  the  absence  of  such  certificate, 
or  if  the  Court  shall  believe  that  the  demurrer  was  filed  for  delay, 
costs  will  be  imposed  in  the  amount  of  Ten  ($10.00)  Dollars,  as  a  con- 
dition for  leave  to  answer. 

Rule  41.  Chamber  Business. — ^For  the  purpose  of  transacting  busi- 
ness designated  by  Section  166  of  the  Code  of  Civil  Procedure  as  busi- 
ness that  may  be  transacted  in  Chambers,  each  Judge  of  the  Superior 
Court  shall  attend,  in  Chambers,  or  in  open  Court,  at  least  fifteen  min- 
utes in  advance  of  the  time  set  for  the  regular  sessions  of  such  Court 
on  each  day.  The  members  of  the  bar  are  requested  to  transact  busi- 
ness designated  by  Section  166  of  the  Code  of  Civil  Procedure  during 
the  time  above  fixed  for  hearing  the  same  in  advance  of  the  regular 
sessions  of  the  Court,  in  order  that  the  Court  and  persons  having  busi- 
ness before  it  may  not  be  unnecessarily  delayed  in  taking  up  and 
disposing  of  matters  appearing  on  the  regular  daily  calendars  of  the 
Courts. 

72 


1138  hillyer's  legal  manual. 

PROBATE. 

Rule  1.  Counsel  Fees. — Applications  for  allowance  of  counsel  fees 
must  be  made  in  Court,  and  will  not  be  heard  in  Chambers.  Attorneys 
are  required  to  present  with  their  applications  a  summarized  and  veri- 
fied statement  in  writing  of  services  rendered.  This  should  be  filed 
and  preserved  as  a  record  in  the  proceeding. 

This  statement  should  be  a  condensed  narrative  of  substantial  sier- 
vice  rendered,  and  not  a  mere  skeletonized  semblance,  and  it  should  be 
verified  by  the  attorney  himself. 

Notice  should  also  be  given  to  all  parties  in  interest.  The  time  for 
passing  upon  such  applications  is  on  the  occasion  of  settlement  of 
accounts  of  administrator  or  executor  or  guardian. 

Rule  2.  Appointment  of  Appraisers. — In  the  matter  of  the  appoint- 
ment of  appraisers,  attorneys  may  nominate  to  the  Court  for  appoint- 
ment one  person,  and  no  more,  subject  to  the  Court's  approval. 

Rule  3.  Admonition  to  Appraisers. — The  attention  of  appraisers  is 
especially  called  to  the  provisions  of  the  law  governing  them  in  the 
discharge  of  their  duty.  (Part  3,  Title  11,  Chapter  4,  Article  1,  Code 
of  Civil  Procedure.)  The  compensation  of  appraisers  is  limited  to  $5 
for  every  day  actually  and  necessarily  employed  in  the  appraisement. 
No  ''constructive"  charge  will  be  allowed.  In  case  no  charge  be  made 
and  compensation  is  waived  that  fact  must  be  noted  in  the  return  of 
the  appraisers.     See  Statutes  1893,  pp.  196,  197;  C.  C.  P.,  sec.  1444. 

In  all  proper  cases  the  discretion  of  the  Court  may  be  invoked  to 
appoint  competent  appraisers  to  act  without  compensation. 

Rule  4.  An  Itemized  Account  Necessary. — The  attention  of  ap- 
praisers is  also  directed  especially  to  the  necessity  of  making  an 
itemized  account  of  their  charges  and  disbursements.  Day  and  date 
must  be  given  in  every  instance.  It  is  enjoined  upon  the  appraisers 
appointed  by  the  Court,  to  preserve  data  in  detail  of  their  charges  and 
annex  the  same  to  their  report. 

Rule  5.  Appointment  of  Special  Administrators. — Application  for 
letters  of  special  administration  will  be  heard  only  in  open  Court,  upon 
petition,  and  such  notice  as  may  be  practicable  must  be  given  in  all 
cases. 

Rule  6.  Provision  for  Payment  of  Stenographer. — No  case  will  be 
reported  by  the  official  stenographer  except  upon  request  of  counsel 
and  upon  proper  provision  for  payment  of  per  diem  and  costs  of  tran- 
scribing. 

Rule  7.  Family  Allowance  and  Homestead  Applications. — Appli- 
cation for  family  allowance  or  for  selecting  or  setting  apart  a  home- 
stead will  be  heard  only  after  notice  of  a  specially  appointed  day  of 
hearing  previously  fixed  by  order-  of  Court ;  which  notice  shall  be  not 
less  than  three  days  as  to  family  allowance  applications,  and  not  less 
than  ten  days  as  to  applications  for  homesteads. 

The  manner  of  notice  shall  be  (1)  by  posting,  as  provided  with 
respect  to  an  application  for  the  settlement  of  an  account,  and  also 
(2)  by  written  notice  served  upon  the  attorney  for  the  administrator 


RULES — SUPERIOR  COURT  OF  SAN  FRANCISCO.  1139 

or  executor,  and  upon  the  attorney  of  any  person  who  has  appeared 
or  given  notice  of  appearance  (by  an  attorney)  in  the  estate  as  heir, 
legatee,  devisee,  next  of  kin,  or  creditor,  or  as  otherwise  interested. 
The  notice,  other  than  posting  shall  be  governed  by  the  rules  pre- 
scribed in  sections  1010  to  1015  of  the  Code  of  Civil  Procedure. 
{Kearney  vs.  Kearney,  72  Cal.  593.) 

Rule  8.  Form  of  Orders  to  be  Approved  by  Opposing  Parties. — In 
all  contested  cases,  whether  or  not  adverse  pleadings  are  filed,  where 
the  contestant  or  opposing  party  appears  by  attorney,  the  order  of 
Court — unless  it  be  a  minute  order  only — shall  as  to  its  form  be  ap- 
proved hy  the  attorney  of  the  contestant  or  party  opposing;  other- 
wise, the  matter  of  the  form  shall  be  argued  or  the  objections  pre- 
sented without  argument  as  the  Court  may  direct. 

Rule  9.  Notice  Required  of  AH  Applications — Exceptions. — No  ap- 
plication for  an  order  or  a  decree — whether  ordinarily  deemed  an 
ex  parte  matter  or  otherwise — shall  be  heard  except  upon  the  written 
notice  of  the  hearing  first  given  to  the  attorney  of  every  person  who  has 
appeared  or  given  notice  of  appearance  (by  an  attorney)  in  the  estate, 
as  heir,  legatee,  devisee,  next  of  kin,  or  creditor,  or  as  otherwise  inter- 
ested ;  and  this  enumeration  shall  include  the  administrator  or  executor 
when  he  is  not  the  applicant.  The  period  of  said  notice  shall  be  de- 
termined by  the  Court  in  each  case,  and  with  an  endeavor  to  uni- 
formity as  to  cases  of  the  same  kind  or  class.  This  rule  shall  not 
apply  to  applications  for  orders  of  publication  of  notice  to  creditors 
or  decrees  establishing  that  due  and  legal  notice  to  creditors  has  been 
given,  or  orders  fixing  a  day  of  hearing  of  an  application,  or  decree 
of  final  discharge,  or  orders  similar  in  character. 

Rule  10.  Rules  of  C.  C.  P.,  1010-1015,  to  be  Applied  in  All  Cases.— 
The  provisions  of  Sections  1010  to  1015  shall  govern  and  must  be 
followed  in  all  cases  as  to  every  person  claiming  to  be  interested  in 
an  estate  or  guardianship  matter  who  has  appeared  by  attorney  or  has 
given  notice  of  appearance  by  attorney.  This  rule  of  practice  will 
not  be  dispensed  with  in  any  case ;  nor  shall  the  rule  be  suspended  in 
any  instance  except  upon  good  cause  appearing  to  the  Court,  founded 
upon  affidavit  specifying  the  particular  facts  and  reasons,  and  such 
other  evidence  as  the  Court  may  require. 

Rule  11.  Requirements  as  to  Sureties  on  Bonds. — In  all  cases 
where  bonds  are  required  (by  the  statute  or  order  of  Court),  the  pro- 
posed sureties  must  appear  before  the  Judge  and  be  examined  by  him 
as  to  their  status  and  sufficiency ;  or  an  affidavit  by  each  of  them  must 
be  presented  and  passed  upon,  which  affidavit  shall  set  forth  such  par- 
ticulars as  to  their  assets  and  the  values  thereof  as  may  be  prescribed 
by  the  Court. 

Rule  12.  Notice  as  to  Applications  for  Special  or  General  Letters. 
All  applications  for  special  or  general  letters  of  administration  must 
give  the  special  address  of  any  heir  resident  of  San  Francisco  and  if 
such  special  address  is  not  known  that  fact  must  be  stated.     Before 


1140 

general  or  special  letters  are  granted  it  must  be  shown  to  the  Court 
that  such  locally  resident  heir  has  had  notice  of  the  application. 

Rule  13.  Requirements  as  to  Particularity  of  Inventory  and  Ap- 
praisement.— Where  land  inventoried  is  improved,  particulars  as  to 
the  nature  and  description  of  the  improvements  must  be  given  (e.  g., 
''The  improvements  on  said  parcel  of  realty  consist  of  a  two-story 

frame  dwelling  with  basement  known  as  No. street")-     The  land 

and  the  improvements  thereon  must  be  separately  valued,  and  the  total 
of  the  separate  values  carried  out  as  the  appraisement  of  the  land  and 
premises.  Where  land  is  unimproved  that  fact  must  be  stated. 
Where  there  is  a  mortgage  existing  against  property  (real  or  per- 
sonal) that  fact,  with  the  amount,  name  of  the  mortgagee,  and  date 
and  place  of  recordation  must  be  stated.  Moneys  belonging  to  a  de- 
cedent must  be  identified  by  a  statement  as  to  the  custody  of  the  same, 
and  if  deposited  in  bank,  the  name  of  the  bank  with  the  exact  title 
or  designation  of  the  deposit  account. 

Rule  14.  Filing  of  Affidavit  as  to  Notice  to  Creditors. — When  pub- 
lication of  notice  to  creditors  is  completed,  the  administrator  or  ex- 
ecutor must  file  without  delay  the  affidavit  of  such  publication  re- 
quired by  law  (C.  C.  P.,  sees.  2010,  2011,  cum  sec.  1492.) 

Rule  15.  Particularities  as  to  Accounts  and  Final  Accounts. — In 
all  accounts,  or  in  a  report  accompanying  the  same,  it  should  appear 
whether  or  not  moneys  received  by  the  administrator  or  executor, 
or  coming  under  his  control,  have  been  deposited  in  any  savings  bank 
(or  other  bank  giving  interest  on  moneys  deposited)  ;  or  otherwise 
invested  at  interest;  and  if  not,  the  reasons  therefor.  In  this  con- 
nection any  existing  investments  of  the  decedent  at  the  time  of  his 
death  should  be  stated  and  described,  and  the  changes  or  transforma- 
tions of  same  (if  any). 

Interest,  dividends,  or  income  received  or  declared  on  property  sub- 
sequent to  the  decedent's  death  should  not  be  stated  in  a  lump  sum 
only,  but  particulars  of  the  same  should  be  given,  namely:  (1)  the 
date  of  receipt  of  each  separate  item  of  interest,  dividend  or  other 
income  (such  as  rents),  (2)  for  what  period,  (3)  upon  what  particu- 
lar property,  and  (4)  from  whom  received. 

In  all  final  accounts  (C.  C.  P.,  sec.  1634),  whether  or  not  a  peti- 
tion for  distribution  is  filed  therewith,  the  legal  commissions  of  the 
administrator  or  executor  must  not  be  stated  in  the  aggregate  only,  but 
the  particulars  of  the  calculation  proving  such  aggregate  sum  must  be 
set  forth.  For  example:  ''Legal  Commissions  of  Administrator  (or 
Executor)  upon  the  total  'amount  of  estate  accounted  for'^  (C.  C.  P., 
sec.  1618),  $21,000  as  follows: 

1  For  commissions  of  administrators  under  present  law  see  page  975. 


RULES — SUPERIOR  COURT  OF  SAN  FRANCISCO.  1141 

7  per  cent  on  $  1,000.00 $  70.00 

5  per  cent  on      9,000.00 450.00 

4  per  cent  on    10,000.00 400.00 

3  per  cent  on      1,000.00 30.00 

$21,000.00  $950.00    $950.00 

Amount  of  estate,  $903,011.37. 

On  $     1,000.00  @  7  per  cent $  70.00 

On        9,000.00  (5)  5  per  cent 450.00 

On      10,000.00  0)  4  per  cent '  400.00 

On      30,000.00  (§)  II/2  per  cent 450.00 

On      50,000.00  (a)  1  per  cent 500.00 

On    803,011.37  @  1/2  per  cent 4,015.05 

Commissions,  $5,885.05 
Distributed  in  kind ;  half  commissions  on 
all   estate  above $20,000.00" 

Rule  16.  As  to  Disbursement  Items  in  Accounts. — Each  item  of  dis- 
bursement in  every  account  should  indicate  the  number  of  the  voucher 
for  such  item,  the  particular  voucher  to  bear  the  corresponding 
number. 

Rule  16a.  Notice  to  be  Given  Treasurer  of  the  Hearing  of  Matters 
Involving  the  Inheritance  Tax. — Written  notice  of  the  hearing  of  peti- 
tions for  partial  distribution  and  for  final  distribution  shall  be  given 
to  the  Treasurer  of  the  City  and  County  of  San  Francisco  at  least  five 
days  prior  to  the  hearing  thereof  in  all  estates  where  no  appraisement 
has  been  had  und^er  the  provisions  of  the  inheritance  tax  act,  approved 
March  20,  1905,  and  proof  of  the  giving  of  such  notice  shall  be  made 
before  such  hearing  is  had;  unless  the  receipt  of  the  Treasurer  evi- 
dencing payment  of  said  tax  is  produced  at  such  hearing. 

Rule  17.  Bonds  on  Partial  Distribution  to  be  Filed. — Bonds  given 
and  approved  on  partial  distribution  (C.  C.  P.,  sees.  1661,  1663), 
or  a  copy  thereof  certified  as  correct  by  the  attorney  for  the  admin- 
istrator or  executor,  should  be  filed  in  the  matter  of  the  estate  imme- 
diately after  approval,  as  a  record  for  the  information  and  protection 
of  the  Court  and  persons  interested  (C.  C.  P.,  sec.  1662;  end  of  sec. 
1663). 

Rule  18.  Requisite  of  Proper  Service  of  "Citations.*' — In  all 
proceedings  upon  which  ''Citations"  are  required  to  be  issued,  the 
service  of  the  issued  citation  must  be  accompanied  by  service  of  a 
copy  of  the  petition,  application,  or  other  paper  upon  which  the  issu- 
ance of  the  "Citation"  is  founded  or  ordered. 

Rule  19.  Rules  9,  10,  and  12  as  Applicable  to  Specific  Sections  of 
Probate  Statutes — Notice  as  to  Accounts  of  Trustees — ^Disposition  of 
Life  Estates  and  Homesteads — Petitions  for  Letters  of  Guardianship 
of  Minors  or  Incompetents — Restoration  to  Capacity. — In  the  proceed- 


1142  HILLYER^S  LEGAL   MANUAL. 

ings  provided  for  in  Sections  1699,  1723,  1747,  1763  and  1766  of  the 
Code  of  Civil  Procedure,  the  Court  requires  and  will  exact  in  addition 
to  the  statutory  notice,  the  service  of  written  notice  as  prescribed  in 
Rules  9,  10,  and  12  hereinabove,  which  rules  shall  be  deemed  ap- 
plicable to  said  proceedings  under  C.  C.  P.,  Sections  1699,  1723,  1747, 
1763  and  1766,  and  for  the  purposes  of  this  Rule  the  petition  or  initia- 
tive paper  in  such  proceeding  shall  set  forth  the  name  and  special 
address  (so  far  as  known  or  ascertainable)  of  every  person  interested 
in  such  proceeding  who  is  a  resident  of  the  City  and  County  of  San 
Francisco,  in  furtherance  of  any  special  statutory  requirement. 

Rule  20.  Requisites  upon  Applications  for  Decree  of  Discharge. — 
Application  for  a  decree  of  final  discharge  (C.  C.  P.,  sec.  1697),  or 
other  discharge,  must  be  accompanied  by  the  written  receipts  of 
the  distributees  of  the  estate,  or  other  parties  entitled,  the  payment 
or  delivery  of  the  property  to  whom  is  the  basis  of  the  application. 
The  signatures  to  such  receipts  must  be  authenticated  by  a  subscribing 
witness,  or  acknowledged  before  an  official  authorized  to  take  acknowl- 
edgments of  writings ;  reserving  the  necessity  in  any  given  case  of  such 
special  proof  of  the  fact  of  payment  as  may  be  required  by  the  Court. 
Such  receipts  must  be  filed  at  the  time  of  filing  the  decree.  Such  appli- 
cations must  also  be  accompanied  by  the  original  order  or  decree  under 
which  the  payments  or  delivery  of  property  were  made ;  provided,  how- 
ever, that  where  such  order  or  decree  distributes  real  property,  and 
nothing  more,  the  requirements  of  this  rule  may  not  or  may  be  ap- 
plicable as  shall  appear  to  the  Court. 

Rule  21.  Guardianship  Proceedings — Rules  13,  15,  16,  and  20,  as 
Applicable  to  Guardianships. — The  requirements  of  Rules  13,  15,  16, 
and  20,  above,  apply  as  to  Inventories  and  Appraisements,  and  Account- 
ings, and  Applications  for  Discharge,  in  guardianship  proceedings  (C. 
C.  P.,  sec.  1754,  subds.  1,  3;  sees.  1758, 1773, 1774, 1794,  1795,  1799,  1801, 
1802,  1805,  1808)  ;  excepting  that  the  provision  of  Rule  15  as  to  "com- 
missions" of  an  administrator  or  executor  does  not  apply  to  guardians 
(C.  C.  P.,  sec.  1776). 

Rule  22.  Rules  8-11,  17-19,  as  Applying  to  Guardianships. — Rules 
8  to  11,  17  to  19,  shall  apply  to  guardianship  proceedings  (C.  C.  P., 
sees.  1747-1810),  unless  the  theory  of  any  of  such  rules  shall  in  the 
particular  case  appear  to  be  inapplicable.     (C.  C.  P.,  sec.  1808.) 

Rule  23.  Interest  on  Deposits  by  Public  Administrator. — When- 
ever the  Public  Administrator  deposits  the  money  of  any  estate  upon 
which  he  is  administering  with  any  corporation  authorized  to  do 
business  under  the  act  of  April  6,  1901,  and  the  act  of  1897  amenda- 
tory thereof  (Amendments  and  Statutes  of  1897,  p.  424),  he  shall, 
at  the  time  of  opening  his  account  with  such  corporation,  make  an 
agreement  with  the  corporation  that  such  money  shall  bear  interest 
at  the  rate  currently  paid  by  savings  banks  of  the  City  and  County  of 
San  Francisco  upon  ordinary  deposits,  subject  to  such  reasonable  con- 


RULES — SUPERIOR  COURT  OF  SAN  FRANCISCO.  1143 

ditions  to  be  approved  by  the  Court  as  may  be  required  by  such 
corporation. 

REQUIREMENTS  OF  CERTAIN  ORDERS  IN  PROBATE. 

It  is  recommended  to  practitioners  in  probate  to  set  out  in  their 
orders  admitting  a  will  to  probate  or  appointing  an  administrator  a 
brief  description  of  the  property,  segregating  the  real  from  the  per- 
sonal estate. 

Where  land  is  improved,  the  nature  and  description  of  the  improve- 
ments should  be  given  (e.  g.,  ''The  improvements  on  said  parcel  of 
realty  consist  of  a  two-story  frame  dwelling  with  basement  known  as 

No Street").     The  value  of  the  improvements  thereon  should 

be  separately  estimated,  and  the  total  of  the  separate  values  carried 
out  as  the  estimated  value  of  the  land  and  premises.  Where  land  is 
unimproved,  that  fact  should  be  stated.  Where  there  is  a  mortgage 
existing  against  property  (real  or  personal),  that  fact,  with  the 
amount,  name  of  the  mortgagee,  and  date  and  place  of  recordation 
should  be  stated.  Money  belonging  to  a  decedent  should  be  identified 
by  a  statement  as  to  the  custody  of  the  same,  and  if  deposited  in  bank, 
the  name  of  the  bank  with  the  exact  title  or  designation  of  the  deposit 
account. 

In  all  orders  of  sale  and  confirmation,  as  well  as  in  orders  appoint- 
ing an  executor  or  administrator,  the  names  of  the  witnesses  examined 
should  be  recited  and  the  names  of  the  attorney  or  attorneys  actually 
appearing  at  the  hearing  should  be  inserted  in  the  orders. 

The  name  and  office  address  of  the  attorney  or  attorneys  of  record 
should  also  be  indorsed  on  each  paper  filed. 

CRIMINAL. 

Rule  1.  Bonds. — Hereafter,  in  this  department  of  the  Superior 
Court,  bonds  will  be  approved  only  in  open  Court  or  in  Chambers,  and 
during  the  hours  that  the  Court  is  in  session.  When  any  bond  is  sub- 
mitted for  approval,  the  sureties  must  be  present  and  the  Judge  exam- 
ine them.  In  case  any  surety  proposed  is  not  personally  known  to  the 
Judge  of  the  Court,  satisfactory  evidence  of  his  identity  must  he  fur- 
nished. In  all  cases  the  testimony  of  the  sureties  upon  their  examina- 
tion touching  their  qualifications  as  sureties  will  be  taken  down  in 
shorthand  by  the  official  reporter  of  the  Court  and  reduced  to  writing, 
and,  if  the  bond  is  approved,  must  be  signed  by  the  sureties.  The  bond 
must  be  in  the  usual  form  and  must  contain  a  sufficient  description  of 
the  property  of  the  sureties,  a  statement  of  its  value,  and  a  statement  as 
to  whether  there  are  any  encumbrances  upon  it  or  not. 

Rule  2.  •  Motions. — Motions  for  new  trial  or  in  arrest  of  judgment 
must  be  made  on  the  day  fixed  by  the  Court  in  rendering  judgment  in 
the  case. 

Rule  3.  Motion  to  Reduce  Grade  of  Ofifense.— The  Supreme  Court 
of  this  State  has  held  that,  when  the  testimony  in  a  criminal  case 


1144  hillyer's  legal  manual. 

has  been  taken  down  and  returned  by  the  committing  magistrate, 
the  responsihility  is  thrown  upon  the  District  Attorney  to  determine 
therefrom  the  offense  to  he  charged. 

People  vs.  Lee  Ah  Chuck,  66  Cal.  665; 

People  vs.  Vierra,  67  id.  234 ; 

People  vs.  Giancoli,  74  id.  646. 
It  thus  appearing  to  be  the  plain  duty  of  the  District  Attorney  to 
determine  from  the  testimony  taken  at  the  preliminary  examination, 
a7id  in  advance  of  the  filing  of  an  informxition,  what  offense  has  been 
committed,  the  Court  will  not  hereafter  entertain  any  motion  to  reduce 
the  grade  of  the  offense  of  which  any  person  stands  charged,  whether 
the  same  he  a  higher  or  lower  grade  of  offense  than  that  for  which  the 
accused  person  has  heen  held  to  answer  hy  the  committing  magistrate, 
but,  on  the  contrary,  law  matters  excepted,  will  send  every  case  to  a 
jury  upon  the  charge  preferred  in  the  information,  save  only  when 
the  accused  person  has  pleaded  ' '  guilty  as  charged. ' ' 


RULES— SUPERIOR  COURT— LOS  ANGELES 

COUNTY. 

Rule  1.  Departments. — The  Superior  Court  will,  ordinarily,  hold 
as  many  sessions  at  the  same  time  as  there  are  Judges  of  the  court; 
and  for  such  purpose,  and  for  the  purpose  of  the  more  convenient 
classification  and  distribution  of  the  business,  the  court  is  hereby 
divided  into  twelve  Departments,  and  the  Judges  thereof  are  assigned 
to  the  several  Departments  as  follows : 

Department  One J.  P.  Wood 

Department  Two James  C.  Rives 

Department  Three Frederick  W.  Houser 

Department  Four Frank  C  Finlayson 

Department  Five Nathaniel  P.  Conrey 

Department  Six Charles   Monroe 

Department  Seven Gavin  W.   Craig 

Department  Eight Curtis  D.  Wilbur 

Department  Nine Walter  Bordwell 

Department  Ten George  H.  Hutton 

Department  Eleven Frank  R.  Willis 

Department  Twelve Paul  J.  McCormick 

Rule  2.  Interchange  of  Judges. — The  Judges  of  the  Departments 
will  interchange  w^ith  each  other,  or  act  for  each  other,  on  request, 
or  on  the  failure  of  either  one  of  the  Judges  to  attend  at  the  time  the 
Department  of  the  court  in  which  he  shall  preside  should  be  opened 
and  held  by  such  Judge. 

Rule  3.  Organization  of  Business — 1.  Presiding  Judge. — The  divi- 
sion of  the  business  of  this  court  among  its  various  Departments  shall 
be  supervised  by  one  of  the  Judges,  who  shall  be  known  as  the  pre- 


RULES — SUPERIOR  COURT  OF  LOS  ANGELES.  1145 

siding  Judge.  The  presiding  Judge  shall  serve  for  the  term  of  one 
year,  commencing  on  the  first  day  of  May  of  each  year,  and  the  Judges 
of  this  court  shall  serve  as  such  presiding  Judge  in  the  following 
order:  George  H.  Hutton  until  May  1st,  1912,  and  thereafter  in  turn 
in  the  order  herein  enumerated,  viz. :  Frank  R.  Willis,  Paul  J.  Mc- 
Cormick,  J.  P.  Wood,  James  C.  Rives,  Frederick  W.  Houser,  Frank  G. 
Finlayson,  Nathaniel  P.  Conrey,  Charles  Monroe,  Gavin  W.  Craig, 
Curtis  D.  Wilbur,  Walter  Bordwell,  George  H.  Hutton.  The  names  of 
new  Judges  shall  be  added  to  the  above  list  alphabetically  in  the 
order  of  their  accession  to  the  bench.  Any  Judge  may  be  relieved 
from  the  duty  of  so  serving  as  presiding  Judge  upon  his  application 
to  and  consent  of  a  majority  of  the  Judges. 

As  cases  are  filed  the  presiding  Judge  shall  assign  them  to  appro- 
priate Departments  of  the  court. 

He  shall  keep  watch  over  the  condition  of  the  trial  calendars  of 
the  court  and  shall  readjust  the  assignment  of  causes  at  issue,  at  or 
before  the  time  of  trial  thereof,  in  such  manner  as  best  to  dispose  of 
the  business. 

He  shall  attend  in  Chambers  during  the  business  hours  of  each  day 
for  the  purpose  of  hearing  applications  for  ex  parte  orders  and  to  dis- 
pose of  such  other  preliminary  matters  as  should  properly  come  before 
a  presiding  Judge.  If  the  presiding  Judge  be  absent  from  his  Cham- 
bers on  any  account,  he  shall  call  upon  some  other  Judge  of  the  court 
to  attend  there  in  his  place. 

With  the  assistance  of  the  other  Judges,  and  beginning  not  later 
than  the  first  of  December  of  each  year,  he  shall  diligently  prepare  the 
necessary  lists  of  jurors  to  be  chosen  by  the  court  in  January. 

The  presiding  Judge  shall  hear  proof  offered  in  any  cause  and  order 
judgment  therein,  where  default  has  been  entered,  except  those  for 
divorce,  annulment  of  marriage,  or  separate  maintenance,  regardless 
of  the  number  of  the  Department  to  which  such  action  may  have  been 
assigned. 

The  presiding  Judge  shall  hear  all  inquests  of  lunacy  and  such 
hearings  shall  take  place  at  the  county  hospital. 

2.  Meetings  of  Judges. — ^From  time  to  time  at  his  own  instance  or  on 
request  of  any  other  Judge,  the  presiding  Judge  shall  call  together 
the  Judges  of  the  court  for  the  discussion  of  such  questions  as  may 
arise  with  reference  to  the  mode  of  disposition  of  the  court's  business. 

3.  Assignment  of  Business. — In  the  assignment  of  business  the  fol- 
lowing rules  shall  be  observed,  in  so  far  as  the  same  are  consistent 
with  the  public  interest,  namely: 

To  Department  2  all  proceedings  in  probate,  and  all  proceedings  for 
the  adoption  of  minors. 

To  Departments  11  and  12  shall  be  assigned  all  criminal  business, 
including  writs  of  habeas  corpus  in  all  criminal  matters,  which  shall 
be  divided  as  equally  as  practicable  between  said  Departments;  pro- 
videdf  however,  that  all  writs  of  habeas  corpus  in  matters  growing  out 


1146  HILLYER^S  LEGAL   MANUAL. 

of  the  juvenile  court  law  or  involving  the  custody  of  infants,  shall  be 
returnable  before  Department  8,  excepting  habeas  corpus  writs  in  cases 
of  children  growing  out  of  custodial  orders  of  Departments  2  or  6, 
which  shall  be  returnable  before  said  Departments,  respectively. 

All  applications  for  approval  of  appointments  of  humane  officers 
and  others,  as  provided  in  section  607f  of  the  Civil  Code,  shall  be  made 
to  the  Judge  of  Department  8. 

All  proceedings  under  the  laws  of  this  state  dealing  with  dependent 
or  delinquent  children  shall  be  heard  in  Department  8,  which  is  hereby 
designated  as  the  "Juvenile  Court." 

All  actions  for  divorce  and  annulment  of  marriage  and  actions  for 
maintenance  and  all  proceedings  therein,  shall  be  assigned  to  Depart- 
ment 6. 

All  other  business  of  the  court  shall  be  distributed  as  equally  as 
may  be  among  the  several  remaining   Departments. 

4.  Criminal  Cases. — All  informations  in  criminal  cases  shall  be  de- 
livered by  the  District  Attorney  to  the  presiding  Judge  before  filing 
and  the  presiding  Judge  shall  designate  which  of  the  two  criminal 
Departments  such  cases  shall  be  assigned  to ;  all  files  in  cases  of  appeal 
from  inferior  courts  shall  be  transmitted  to  the  presiding  Judge  by 
the  clerk  as  soon  as  they  are  received,  and  the  presiding  Judge  shall 
assign  such  appeals  for  hearing  in  the  same  manner  as  other  criminal 
cases  are  assigned. 

5.  Attendance  of  Juries. — Civil  actions  in  which  a  jury  has  been  de- 
manded shall  be  assigned,  or  reassigned,  for  trial  to  a  Department 
in  which  a  jury  shall  be  in  attendance.  For  the  trial  of  civil  causes 
a  jury  shall  be  kept  in  attendance  in  one  Department  only,  except 
when  required  in  the  probate  Department  for  the  trial  of  contested 
probate  matters,  and  except  also  when  otherwise  specially  ordered. 
A  jury  may  be  called  by  the  Judge  of  the  probate  Department  when- 
ever required  for  the  trial  of  contested  matters  arising  in  such  Depart- 
ment. Trials  of  other  civil  causes  by  jury  shall  be  had  for  a  period 
of  six  months  in  one  Department,  and  then  such  trials  shall  be  had 
for  a  like  period  in  the  next  numbered  Department,  in  rotation,  except 
in  Departments  2,  6,  8,  11  and  12,  and  the  Department  of  the  presiding 
Judge.  Commencing  with  the  first  day  of  May,  1912,  such  trials  by 
jury  shall  be  had  in  Department  9  for  a  period  of  six  months,  and 
thereafter  each  Department  in  rotation  shall  hear  such  cases  for  a  like 
period  of  six  months.  For  the  trial  of  civil  causes,  excepting  contested 
probate  matters,  a  new  term  trial  jury  shall  be  drawn  at  least  once 
every  thirty  days. 

6.  Naturalization. — ^For  the  purpose  of  complying  with  the  federal 
laws  concerning  naturalization,  the  court  hereby  names  and  establishes 
the  first,  second  and  fourth  Thursdays  of  each  month  as  the  days  on 
which  final  action  will  be  had  on  petitions  for  naturalization ;  provided, 
that  no  such  final  action  will  be  had  within  thirty  days  before  the  hold- 
ing of  any  general  election  within  the  jurisdiction  of  this  court.     All 


RULES — SUPERIOR  COURT  OF  LOS  ANGELES.  1147 

applications  for  naturalization  will  be  set  down  for  hearing  in  the 
Department  of  the  presiding  Judge. 

Rule  4.  Jury  Trials. — In  any  action  or  proceeding,  other  than  a 
criminal  action  or  proceeding,  the  party  desiring  a  trial  by  jury  must 
at  the  time  of  the  setting  of  the  action  or  proceeding  for  trial,  deposit 
with  the  clerk  the  sum  of  twenty-four  dollars,  to  be  held  subject  to 
the  order  of  the  court  and  to  be  used  for  the  payment  of  jury  fees. 
If  such  sum  of  money  be  not  deposited  at  the  time  specified,  trial 
by  jury  shall  be  deemed  to  have  been  waived  and  the  court  will  pro- 
ceed to  trial  without  a  jury.  If  more  than  one  day  is  occupied  by  a 
jury  trial,  the  court  shall,  at  the  beginning  of  each  day's  session  after 
the  first  day,  require  the  party  demanding  the  jury  to  make  a  further 
deposit  with  the  clerk  of  twenty-four  dollars  and  such  further  sum  as 
may  he  necessary  to  satisfy  any  mileage  fees  that  may  he  owin^  to  the 
jurors,  except  the  mileage  fees  due  on  account  of  the  attendance  of  such 
jurors  at  the  first  day  of  the  trial,  which  last-mentioned  fees  shall  be 
paid  by  the  county.  A  failure  to  make  the  deposits  required  by  this 
rule  shall  be  deemed  to  be  a  waiver  of  the  right  to  a  jury  trial  and 
where  such  a  failure  to  make  such  deposits  occurs  after  the  trial  by  jury 
has  commenced,  the  jury  shall  be  excused  from  further  attendance 
and  the  trial  shall  proceed  without  a  jury;  Provided,  however,  that 
this  rule,  so  far  as  the  time  expressed  herein  for  the  making  of  the 
first  deposit  is  made  to  work  a  waiver  of  a  jury  where  there  is  a  failure 
to  make  such  deposit  within  the  time  so  limited,  shall  not  apply  to 
proceedings  specified  in  Section  1716,  Code  of  Civil  Procedure. 

Rule  5.  Instructions  to  Jury. — In  causes  tried  by  jury  any  instruc- 
tions asked  for  by  either  party  must  be  presented  to  the  court  at  or 
before  the  close  of  the  evidence,  and  before  any  argument  is  made  to 
the  jury. 

Rule  6.  Grand  Jury. — A  grand  jury  shall  be  drawn  and  impaneled 
in  December  of  each  year  in  the  Department  of  the  presiding  Judge. 

Rule  7.  Preliminary  Restraining  Orders.  —  Applications  for  re- 
straining orders  must  be  made  to  the  presiding  Judge,  and  he  will  as- 
sign the  cause  to  the  proper  Department  for  further  hearing. 

Rule  8.  Motions. — All  motions  connected  with  any  action,  when 
upon  notice,  if  made  in  open  court,  shall  be  made  in  the  department  in 
which  the  action  is  pending,  unless  otherwise  ordered. 

Rule  9.  Ex  Parte  Motions. — Ex  parte  motions,  except  in  probate 
matters,  shall  be  made  to  the  presiding  Judge. 

Rule  10.  Law  and  Motion  Day. — Monday  shall  be  the  law  and  mo- 
tion day  in  the  several  Departments  of  this  court,  and  the  clerks  shall, 
on  every  Saturday,  make  up  the  law  and  motion  calendar  for  each 
Department. 

Rule  11.  Notice  of  Motions. — 1.  Where,  by  statute,  or  by  these 
rules,  notice  of  motion  is  required  to  be  given,  copies  of  all  papers 
to  be  used  by  the  moving  party  (except  pleadings  and  other  records 


1148  hillyer's  legal  manual. 

of  the  court,  and  papers  in  possession  of  the  opposite  party),  shall  be 
served  and  filed  with  the  notice  of  motion. 

2.  The  notice  of  motion  shall  specify  the  papers  to  be  used  by  the 
moving  party  and  the  grounds  of  the  motion. 

3.  An  order  to  show  cause  shall  be  deemed  a  notice  of  motion  within 
the  meaning  of  this  rule. 

4.  A  notice  of  motion  to  tax  costs  shall  specify  the  papers  to  be  used 
on  the  motion,  the  items  of  the  cost  bill  objected  to,  and  the  grounds 
of  the  objection,  as  in  the  case  of  other  motions. 

5.  Notice  of  motion  must  be  filed  with  the  clerk  at  least  the  day 
before  that  on  which  the  motion  is  to  be  heard ;  but  when  time  of  notice 
is  shortened  to  less  than  one  day,  it  must  be  filed  immediately  after 
service. 

6.  Upon  the  hearing  of  any  motion,  the  affidavits  used  by  either 
party  shall  be  filed  by  the  clerk. 

Rule  12.  Failure  to  Appear. — Upon  the  regular  call  of  the  law  and 
motion  calendar,  if  no  counsel  appears  to  support  a  demurrer  or  mo- 
tion, the  same  may  be  heard  by  the  court  on  demand  of  opposing 
counsel. 

Rule  13.  Orders  Extending  Time. — No  order  extending  time  within 
which  any  act  is  required  by  law  to  be  done  shall  be  made,  which, 
by  its  terms  or  in  connection  with  any  other  order  or  orders  or  any 
stipulation,  shall  operate  to  extend  such  time  more  than  thirty  days 
beyond  the  time  given  by  law. 

In  case  the  time,  within  which  any  act  is  required  by  law  to  be 
done,  is  extended  by  stipulation,  no  extension  of  time  shall  afterward 
be  granted  by  the  court  or  a  Judge,  which,  when  added  to  the  time 
already  given  by  stipulation,  shall  exceed  thirty  days;  and  the  order 
shall  correctly  show  upon  its  face  the  extensions  of  time  previously 
given.  Every  such  order  shall  be  served  and  filed  before  10  o'clock 
A.  M.  of  the  next  judicial  day. 

No  extension  of  time  exceeding  two  days  shall  be  allowed  by  any 
Judge,  except  the  presiding  Judge,  in  cases  pending  in  any  Depart- 
ment other  than  that  in  which  he  presides,  unless  the  Judge  of  the 
said  Department  is  absent  from  the  county;  and,  provided  in  no  case 
shall  any  order  be  made  by  any  Judge  of  this  court  extending  the 
time  of  a  party  to  demur  to  any  pleading,  except  upon  good  cause 
shown  by  afiidavit. 

Rule  14.  Motions — By  Whom  Made. — No  order  of  any  kind  shall 
be  made  or  entered  by  any  Judge  of  this  court  unless  upon  the  per- 
sonal motion  of  a  member  of  the  bar  authorized  to  appear  in  this  court, 
except  by  the  Judge  upon  his  own  motion,  or  upon  the  application 
of  a  party  appearing  in  propria  persona. 

Rule  15.  Amendments  to  Pleadings. — When  a  pleading  shall  be 
amended  during  the  progress  of  a  trial  and  a  new  issue  shall  be  raised 
thereby,  the  opposite  party  may  have  a  reasonable  time  to  plead 
thereto  or  to  take  such  action  as  may  be  necessary  and  a  continuance, 


RULES — SUPERIOR  COURT  OF  LOS  ANGELES.  1149 

if  necessary,  unless  otherwise  ordered,  shall  be  at  the  cost  of  the  party 
amending. 

Rule  16.  Verification  of  Pleadings. — In  all  cases  of  verification  of 
pleadings  it  shall  be  made  plainly  to  appear  from  the  pleading  itself 
and  by  the  verification  taken  in  connection  therewith,  what  matters 
are  sworn  to  on  information  and  belief  and  what  matters  are  sworn 
to  on  the  knowledge  of  the  affiant. 

Rule  17.  Setting  Cases  for  Trial. — Civil  actions  at  issue  may  be  set 
for  trial  in  the  respective  Departments  where  they  are  pending,  upon 
motion  of  a  party,  upon  five  days'  w^ritten  notice  of  such  motion  to 
the  adverse  party,  or  on  motion  based  upon  stipulation  of  the  parties. 
Such  notice  must  be  noticed  for,  and  will  be  heard  only  at  the  open- 
ing of  court  at  the  time  the  law  and  motion  calendar  is  called,  and 
will  not  be  granted  unless  it  first  appears  that  the  calendar  fee  has 
been  paid,  and  that  the  required  notice  has  been  given ;  provided  that 
the  order  may  be  made  ''by  consent"  expressed  as  required  by  Rule 
18. 

Not  later  than  the  hour  for  the  closing  of  the  Clerk's  office  on  the 
last  legal  day  preceding  the  day  on  which  a  motion  to  set  an  action 
for  trial  is  to  be  made,  there  must  be  handed  to  the  Clerk  of  the 
Department  in  which  the  action  is  pending  a  memorandum  containing 
the  title  and  number  of  the  case,  and  other  matters  of  information 
required  to  be  set  forth  on  the  blank  form  furnished  by  the  Clerk. 
At  the  regular  hour  for  calling  the  law  and  motion  calendar,  the  Clerk 
will  deliver  all  such  cards,  arranged  in  the  order  of  their  receipt, 
to  the  Judge,  who  will  thereupon  call  such  cases  and  set  them  for 
trial.  If  no  appearance  is  made  for  either  party  on  the  first  call  of 
a  motion  to  set  a  case  for  trial,  such  motion  will  be  dismissed,  and  a 
new  notice  of  motion  shall  be  required  to  be  given  before  any  such 
cause  is  set  for  trial. 

Rule  18.  Orders  by  Consent. — Whenever  any  order  or  ruling  is 
made  "by  consent,"  it  must  be  upon  consent  of  all  the  attorneys  of  all 
the  parties  affected  thereby,  expressed  in  open  court,  and  entered  on 
the  minutes,  or  upon  written  stipulation  of  all  such  attorneys,  made 
and  filed  in  the  action.  Such  minute  entries  shall  show  the  names  of 
all  the  attorneys  actually  in  court  at  the  time  of  the  order.  Should 
any  order  be  made  in  violation  of  this  rule,  it  shall  be  vacated  upon 
ex  parte  motion. 

Rule  19.  Testimony  in  Divorce  Cases. — No  phonographic  reporter, 
or  officer  of  the  court  with  whom  the  proceedings  in  an  action  for  di- 
vorce are  filed,  or  before  whom  the  testimony  is  taken,  nor  any  clerk 
of  such  officer,  either  before  or  after  termination  of  the  suit,  shall, 
without  a  special  order  of  the  court  or  Judge,  permit  a  copy  of  any 
of  the  testimony,  or  of  the  substance  thereof,  to  be  taken  to  be  in- 
spected or  to  be  read  by  any  person  other  than  a  party  or  the  attorney 
of  a  party  to  the  action. 


1150  hillyer's  legal  manual. 

Rule  20.  Cancellation  of  Instruments. — In  all  cases  in  which  a 
judgment  is  rendered  upon  a  written  instrument,  the  Clerk  shall, 
unless  otherwise  ordered,  at  the  time  of  entering  judgment,  note  over 
his  official  signature  across  the  face  of  the  instrument,  the  fact  of  the 
entry  of  the  judgment  and  its  date,  with  the  title  of  the  court,  and 
return  the  instrument  to  the  party  in  whose  favor  judgment  is  ren- 
dered. 

Rule  21.  Guardians  ad  Litem. — Any  attorney  of  the  court  shall  act 
as  guardian  ad  litem  for  a  defendant  whenever  appointed  for  that 
purpose  by  an  order  of  the  court.  He  shall  examine  into  the  circum- 
stances of  the  case  so  far  as  to  enable  him  to  make  a  proper  defense 
and  shall  be  entitled  to  such  compensation  as  the  court  may  deem 
reasonable. 

Rule  22.  Time  to  Answer  or  Amend  After  Demurrer. — When  a  de- 
murrer to  a  complaint  or  cross-complaint  shall  be  upon  the  law  and 
motion  calendar  and  no  one  shall  appear  in  support  of  the  same  and 
the  demurrer  shall  be  overruled,  or  if  in  any  case  the  court,  in  overrul- 
ing a  demurrer,  shall  decide  that  the  same  is  frivolous,  the  party  de- 
murring shall  not  be  given  leave  to  answer,  except  on  the  payment 
of  ten  dollars  to  the  opposite  party,  and  the  time  to  answer  in  such 
case  shall  be  limited  to  five  days.  In  all  other  cases  upon  the  over- 
ruling of  a  demurrer  to  a,  complaint,  the  party  demurring  shall  be 
allowed  ten  days  in  which  to  answer,  unless  otherwise  ordered  by  the 
court.  When  a  demurrer  to  a  pleading  shall  be  sustained,  the  ad- 
verse party  shall  have  ten  days  in  which  to  amend,  unless  otherwise 
ordered  by  the  court. 

Rule  23.  Attorney  not  to  be  Surety. — No  practicing  attorney  of 
this  court  shall  be  received  as  surety  on  any  bond  or  undertaking 
to  be  approved  by  this  court  or  any  Judge  thereof  in  any  proceedings 
of  this  court. 

Rule  24.  Reporters'  Fees. — 1,  Unless  otherwise  specially  ordered, 
the  per  diem  fee  of  the  phonographic  reporter,  in  all  contested  cases 
called  for  trial  must  be  advanced  and  paid  to  the  Clerk  for  the  re- 
porter on  the  first  call  of  the  case  each  day  of  the  trial,  one-half  of 
such  fees  to  be  advanced  and  paid  by  the  plaintiff,  and  the  other  half 
by  the  defendant ;  provided,  that  if  the  contesting  party  fails  to  appear 
at  the  trial,  the  whole  of  such  fees  shall  be  paid  by  the  plaintiff  or 
other  party  appearing;  and  provided,  further,  that  if  there  be  any 
intervener,  or  any  party  other  than  the  plaintiff  and  defendant,  or 
two  or  more  actions  shall  be  tried  together,  the  court  or  Judge  thereof 
shall  in  such  case  or  cases,  fix  the  proportion  of  such  fees  to  be  ad- 
vanced and  paid  by  the  parties  respectively;  and  when  so  fixed  each 
of  such  parties  shall  advance  and  pay  his  proportion  so  fixed. 

2.  In  actions  of  divorce  on  default  and  in  all  other  actions  and 
proceedings  when  so  ordered  by  the  court,  the  testimony  shall  be 
taken  by  the  reporter,  and  his  fees  therefor  shall  be  paid  in  advance. 


RULES — SUPERIOR  COURT  OF  LOS  ANGELES.  1151 

Rule  25.  Custody  of  Papers. — No  papers  on  file  in  the  office  of  the 
Clerk  of  this  court  shall  be  allowed  to  be  taken  from  the  Courthouse, 
except  exhibits,  which,  upon  order  of  a  Judge  of  the  court,  may 
be  taken  from  the  files  upon  there  being  left  in  their  places  certified 
copies  thereof;  provided,  that  in  cases  where  default  has  been  entered 
against  a  party  exhibits  offered  in  making  proof  against  such  default- 
ing party  may  be  withdrawn  without  leaving  certified  copies  thereof 
upon  order  of  the  Judge  of  the  Department  where  the  matter  has 
been  heard;  and  provided,  further,  that  exhibits  in  any  case  may  be 
withdrawn  without  there  being  left  certified  copies  thereof,  upon  order 
of  a  Judge  of  the  court,  where  a  written  stipulation  is  filed  signed 
by  all  of  the  attorneys  representing  the  parties,  consenting  to  the 
making   of  such    order. 

Rule  26.  Stipulations. — All  stipulations  between  counsel  affecting 
proceedings  in  either  Department,  unless  made  in  open  court,  and  en- 
tered in  the  minutes  thereof,  or  reduced  to  writing  and  signed  by  all 
of  the  attorneys  of  the  parties  to  be  bound  thereby,  shall  be  disre- 
garded. 

Rule  27.  Appeals. — In  any  civil  action  appealed  from  an  inferior 
court,  if  the  transcript  and  papers  are  not  filed  in  the  Clerk's  office, 
and  six  dollars  paid  to  the  Clerk  as  a  deposit  for  the  costs,  within 
thirty  days  after  the  uotice  of  appeal  and  undertaking  on  appeal  are 
filed  in  such  inferior  court,  such  appeal  will  be  dismissed  on  motion 
made  upon  notice  to  the  appellant. 

Rule  28.  Publication  of  Summons. — In  any  application  for  an  order 
to  publish  summons,  if  the  residence  is  known  and  stated  in  the  affi- 
davit, the  affiant  must  also  give  the  information  upon  which  such 
statement  of  residence  is  made,  and  if  the  information  is  contained 
in  a  letter  such  letter  must  be  attached  to  the  affidavit.  In  such  case, 
the  applicant  may,  in  his  affidavit,  suggest  the  name  of  a  newspaper 
which  he  believes  to  be  the  one  most  likely  to  give  notice  to  the  de- 
fendant; but  if  he  does  so,  he  must  also  state  in  his  affidavit  the  rea- 
sons why  such  newspaper  will  most  likely  give  notice  to  the  person 
to  be  served.  If  the  facts  so  stated  do  not  satisfy  the  court,  or  if 
the  residence  of  a  defendant  is  unknown,  the  court  or  Judge  will 
select  for  such  publication  a  newspaper  printed  and  published  in  the 
county  of  Los  Angeles,  and  having  a  substantial  circulation,  which 
the  Judge  believes  will  be  most  likely  to  give  notice  to  the  defendant. 
In  addition  to  any  other  affidavit  used  on  such  application,  there  must 
be  an  affidavit  of  the  plaintiff,  unless  the  plaintiff  is  a  corporation  or 
a  person  under  legal  disability. 

Whenever  the  order  directs  mailing  a  copy  of  summons  and  com- 
plaint to  a  defendant,  the  order  shall  name  the  person  who  is  to  mail 
said  documents.  On  the  envelope  inclosing  such  copy  of  summons 
and  complaint  there  shall  be  written  or  printed  directions  for  the 
return  of  the  same  to  the  sender,  if  not  delivered  by  the  postoffice  de- 
partment to  the  party  addressed.     All  such  documents  shall  be  sent 


1152  HILLYER^S   LEGAL    MANUAL. 

as  registered  packages,  and  the  return  card  of  the  postoffice  depart- 
ment shall  be  filed  with  the  papers  in  the  case.  Whenever  any  such 
package  shall  be  returned  without  delivery  to  the  party  addressed, 
the  same  shall  be  filed  with  the  papers  in  the  case.  The  cost  of  postage 
on  such  packages  shall  be  paid  by  the  plaintiff  and  chargeable  as  costs. 

Rule  29.  Trial  of  Default  Divorce  Cases. — Motions  to  set  default 
divorce  cases  for  hearing  shall  be  heard  at  the  regular  calling  of  the 
law  and  motion  calendar;  provided,  however,  that  in  such  cases  the 
cards  required  to  be  delivered  to  the  Department  Clerk  under  the  pro- 
visions of  Rule  17,  must  be  so  delivered  to  such  Clerk  not  later  than 
the  time  of  the  closing  of  the  Clerk's  office  on  the  last  legal  day  pre- 
ceding the  day  upon  which  the  law  and  motion  calendar  is  to  be 
called. 

Rule  30.  Application  to  Advance  Divorce  Cases. — All  applications 
to  set  or  advance  the  hearing  of  divorce  cases,  either  default  or  con- 
tested, must  be  made  in  open  court  at  the  time  of  calling  the  law 
and  motion  calendar. 

Rule  31.  Proof  of  Personal  Service  in  Default  Cases. — Upon  the 
hearing  of  defaults  in  divorce  cases  where  personal  service  is  made  in 
this  county  by  any  person  other  than  the  sheriff,  such  person  must  be, 
produced  as  a  witness  by  the  plaintiff. 

Rule  32.  Motions  to  Strike  Out. — The  party  moving  to  strike  out 
any  portion  of  a  pleading  shall,  in  the  notice  of  motion  distinctly 
specify  the  page  and  lines  or  parts  of  lines,  or  paragraphs,  asked 
to  be  stricken  out. 

Rule  33.  Continuances. — When  any  motion  or  demurrer  is  regu- 
larly placed  on  the  law  and  motion  calendar,  and  on  call  there  is  no 
appearance,  the  matter  will  be  continued  one  week.  If  such  matter 
is  thus  called  three  times  without  being  presented,  the  same  will  be 
dropped  from  the  calendar,  and  will  not  be  reinstated  unless  by  order 
of  the  court  upon  good  cause  shown  therefor. 

Rule  34.  Requirements  as  to  Documents  for  Filing. — All  pleadings, 
petitions,  statements  and  bills  of  exceptions,  before  being  filed  or 
served,  shall  be  printed  or  written  on  good  white  paper  of  legal  cap 
size,  with  numbered  lines,  bound  at  the  top  and  paged  at  the  bottom; 
but  statements  and  bills  of  exceptions  may  be  printed  or  written  either 
on  paper  or  legal  cap  size  as  above  provided,  or  on  paper  eight  inches 
by  ten  inches  in  size,  with  numbered  lines,  bound  at  the  side  and 
paged  in  the  upper  right-hand  corner.  In  all  cases  where  more  than 
one  distinct  cause  of  action,  defense  or  counterclaim  is  intended  to 
be  stated,  the  same  shall  not  only  be  separately  stated,  but  also  plainly 
numbered.  Said  pleadings,  petitions,  statements  and  bills  of  excep- 
tions shall  be  without  interlineations  unless  noted  by  the  clerk  at  the 
time  of  filing;  and  shall  be  printed  or  written  upon  only  one  side  of 
the  paper.  All  copies  served  shall  correspond  with  the  original  in 
paging  and  lines.     The  office  address  of  the  attorney  appearing  for  a 


RULES — SUPERIOR  COURT  OF  LOS  ANGELES.  1153 

party  filing  any  complaint,  answer  or  demurrer,  or  notice  of  special 
appearance,  must  be  indorsed  upon  such  pleading  or  notice.  The 
character  of  the  action  shall  be  indorsed  upon  all  complaints  and  the 
nature  of  the  paper  upon  all  other  documents.  Provided,  however, 
that  nothing  herein  contained  shall  be  deemed  to  prohibit  the  use  of 
printed  blanks  furnished  by  the  Clerk  of  this  court. 

Rule  35.  Size  of  Paper  for  Reporters'  Transcripts. — ^All  reporters' 
transcripts  shall  be  written  or  printed  on  paper  ten  inches  in  length 
and  eight  inches  in  width,  with  the  lines  numbered  at  the  left-hand 
side  and  paged  on  the  upper  right-hand  corner;  the  same  being  bound 
together  on  the  left-hand  side  in  volumes  of  convenient  size. 

Rule  36.  Application  for  an  Order  Refused. — When  an  applica- 
tion for  an  order  has  been  made  to  a  Judge  or  to  the  court,  and  re- 
fused in  whole  or  in  part,  or  granted  conditionally  or  on  terms,  and 
a  subsequent  application  upon  an  alleged  different  state  of  facts  shall 
be  made,  it  shall  be  shown  by  affidavit  what  application  was  before 
made,  when  and  to  what  Judge,  what  order  or  decision  was  made 
thereon,  and  what  new  facts  are  claimed  to  be  shown;  and,  for  a 
failure  to  comply  with  this  requirement,  any  order  made  on  such 
subsequent  application,  may  be  revoked  or  set  aside  on  ex  parte 
motion. 

Rule  37.  Counsel  Fees. — All  applications  for  compensation  for 
extraordinary  services  rendered  in  probate  proceedings  must  be  ac- 
companied by  an  itemized  statement  of  services  rendered. 

Rule  38.  Life  Estates,  Homesteads  and  Community  Property. — In 
all  proceedings  under  Section  1723  of  the  Code  of  Civil  Procedure, 
where  the  petition  filed  prays  for  a  decree  terminating  a  life  estate 
or  for  a  vesting  in  the  surviving  spouse  of  a  homestead,  notice  of  the 
hearing  thereof  shall  be  given  by  posting  notices  for  at  least  ten  days 
before  the  hearing,  in  at  least  three  public  places  in  the  county,  one 
of  which  must  be  at  the  place  where  the  court  is  held,  which  notice 
must  contain  the  name  of  the  decedent,  the  name  of  the  applicant,  the 
description  of  the  property,  the  date,  the  book  and  page  of  the 
record  of  the  instrument  under  which  relief  is  sought. 

In  cases  where  a  decree  is  prayed  for  declaring  property  of  a  de- 
ceased wife  to  be  community  property  and  vesting  the  same  in  the 
surviving  husband,  the  petition  must  state  the  name  and  residence 
of  each  of  the  persons  who  would  be  an  heir  at  law  of  the  separate 
property  of  the  deceased  wife  and  a  statement  of  all  creditors'  claims 
against  the  deceased  wife,  with  the  name  and  residence  of  each  cred- 
itor, and  notice  thereof  shall  be  given  by  the  personal  service  of  a 
citation  upon  all  persons  residing  within  this  State  named,  and  shown 
by  the  petition  filed  to  be  interested  therein,  including  creditors,  at 
least  ten  days  prior  to  the  hearing  of  said  petition,  and  by  the  publi- 
cation of  a  notice  thereof,  and  in  like  form  as  is  required  herein  for 
the  termination  of  a  life  estate  or  homestead,  for  at  least  thirty  days 
73 


^^^  hillyeb's  legal  manual. 

coun?  ^^^   ^'^^^^S,  in  a    newspaper  of    general    circulation  in  the 

•  f^"!!  ^^'  ^^y'"*"*^  Out  of  Treasury.— When  money  has  been  paid 
7no,/  '""^°.*^  treasury  under  the  provisions  of  Sections  1691  and 
lfiq^fn^°irQ"fi  i^^  ^^**/  treasury  under  the  provisions  of  Sections 
1693  and  1696,  of  the  Code  of  Civil  Procedure,  and  a  person  claims  the 
same  or  a  part  thereof,  a  petition  must  be  filed  bv  the  claimant,  for 
an  order  on  the  treasury  for  payment.  Such  petition  must  be  placed 
on  the  calendar  for  hearing,  and,  unless  otherwise  ordered,  notice  of 
the  hearing  must  be  given  in  the  same  manner  as  upon  the  hearing 
ot   a  final  account. 

Rule  40.    Surety  Company  Bonds— No  bonds  or  undertakings  with 

ZmT  ZL'^V'^^'f  i^"'*'™'  S'^''"  pursuant  to  the  provisions  of 
Sections  1056  et  seq.  of  the  Code  of  Civil  Procedure,  shall  be  accepted 
or  approved  in  any  case,  unless,  at  the  time  such  bond  or  undertaking 
IS  presented  for  approval,  there  shall  be  on  file  in  the  office  of  the 
Clerk  ot  this  court : 

iI'T^~t  fPy-  *."'y  certified  by  the  proper  authority,  of  the  char- 
ter or  articles  of  incorporation  of  such  surety,  showing  the  power 
of  such  corporation  to  become  surety  on  such  bond  or  undertaking- 
Seeond-A  copy,  duly  certified  by  the  proper  authority,  and  at- 
tested by  the  seal  of  the  corporation,  of  the  transcript  of  record  of 
tTfaZ     \  l""^  T  ^"tl^orizing  the  person  or  persons  purport- 

ing  to  execute  such  undertaking  or  bond  for  and  in  behalf  of  such 
corporation,  to  act  in  the  premises; 

Third— The  certificate,  or  a  copy  thereof,  duly  certified,  of  the 
msurance  commissioner  of  the  State  of  California,  dated  wiihin  one 
tZJ  °^%  \^  presentation  of  such  bond  for  approval,  which  cer- 
tificate shall,  by  Its  terms,  authorize  and  empower  such  corporation 
to  do  business  m  the  State  of  California,  and  shall  certify  that  such 
e^r.ZlZ  A  ^''''"^f*  *°  '^'  ^°^^^«"°^  commissioner  satisfactory 
si^ih  hnn/  ''■''  ?J''*'"*  corporation,  legally  qualified  to  furnish 

sucli  bonds  as  require  the  approval  of  a  Superior  Court,  or  of  a  Jud-e 
of  the  Superior  Court,  within  this  State. 

the  fact tf+r*^  °''  "•^'^•^'•t'lkiug  wi"  be  approved  or  accepted  unless 
the  tact  of  the  execution  of  such  bond  or  undertaking  by  the  officer 
or  agent  of  the  corporation  purporting  to  become  surety  on  such  bond 
or  undertaking  shall  be  duly  attested  and  acknowledged  before  an 
i^Z  ^"thonzed  to  take  and  certify  acknowledgments^     Which  cer 

sSa  nre  o  ''"''/•  'f^'  "^°'*"'  °*  '^'  "^''^  "^  «g«°t  to  be  the 
signature    of    said    officer    or    agent;    provided,    however,    that    such 

notarial  certificate  shall  not  be  required  when  the  bond  shall  be  exe 
te     the  sam  ''^  """"^  ''^""^^  '"  *^®  presence  of  the  Judge  approv- 

mo^e'^thtn   f^fZ^^^'T''^''''''  ^""^"^  Cases.-There  shall  be  not 
ZZ    f  n\      ^      "^f  J  examiners  to  serve  at  inquests  of  lunacy 
who  shall  be  appointed  by  the  Judges  of  the  court.     Upon  such  ex 


I 


RULES — SUPERIOR  COURT  OF  LOS  ANGELES.  1155 

aminers  being  appointed  in  the  manner  prescribed  by  law,  a  list  of 
their  names  shall  be  arranged  in  alphabetical  order,  and  from  such 
list  there  shall  be  selected  from  time  to  time,  in  the  order  in  which 
their  names  appear  upon  such  list,  unless  otherwise  specially  ordered, 
two  of  such  examiners  to  serve  at  each  day's  examination  held.  Such 
examiners  shall  be  notified  on  the  day  preceding  any  such  hearing 
that  their  attendance  will  be  required,  and  should  any  examiner  fail 
to  attend  through  any  cause  he  shall  not  be  called  again  until  his 
name  is  reached  in  the  regular  order  of  rotation  as  hereinbefore  pre- 
scribed to  be  followed. 

Rule  42.  Phonographic  Reporters  Pro  Tempore  for  Superior 
Courts;  Their  Appointment,  Duties  and  Compensation. — Sec.  1. 
Phonographic  reporters  pro  tempore  may  be  appointed  from  time  to 
time  by  a  majority  of  the  Judges.  Such  reporters  shall  have  the  same 
qualifications  and  pass  the  same  examination  required  by  law  for 
official  reporters  of  Superior  Courts,  and  shall  receive  the  same  com- 
pensation as  is  provided  for  official  reporters.  Such  reporters  shall 
be  listed  by  the  secretary  of  the  Court  in  the  order  of  their  appoint- 
ment. 

Sec.  2.  All  vacancies  in  the  position  of  official  reporter,  either  in 
the  several  departments  or  in  extra  sessions,  shall  be  filled  from  the 
list  of  reporters  pro  tempore  in  the  order  of  their  priority  on  such  list. 

See.  3.  When  an  official  reporter  is  absent  from  his  Department, 
with  the  permission  of  the  court,  or  the  Judge  of  the  Department  to 
which  he  is  assigned,  or  requires  assistance  for  furnishing  daily  tran- 
script or  other  transcript  required  on  short  notice,  he  may  call  upon 
another  official  reporter  for  such  assistance,  if  one  is  available.  When 
no  official  reporter  is  available,  and  not  otherwise,  such  assignment 
shall  be  made  from  the  list  of  reporters  pro  tempore  in  the  manner 
provided  in  Sec.  4  of  this  rule,  until  an  official  reporter  is  available. 

Sec.  4.  To  equitably  carry  out  the  above  provisions,  the  secretary 
of  the  court  shall  keep  an  assignment  register,  showing  where  all 
official  reporters  are  on  duty,  and  when  and  Avhere  reporters  pro 
tempore  have  been  assigned  to  duty  under  this  rule.  Any  official  re- 
porter not  employed  may  register  in  this  assignment  register.  When 
no  official  reporter  is  available  such  assignments  may  be  made  by  the 
secretary  of  the  court  from  the  list  of  reporters  pro  tempore  in  the 
order  of  their  priority  on  such  list.  No  reporter  pro  tempore  shall 
receive  a  second  assignment  until  all  other  reporters  pro  tempore  have 
been  tendered  an  assignment.  The  assignment  register  shall  be  open 
to  the  Judges  and  all  official  reporters  and  reporters  pro  tempore. 

Sec.  5.  When  an  official  reporter  or  reporter  pro  tempore  assists 
another  reporter  in  reporting  a  case  he  shall  share  equally  with  such 
reporter  in  the  per  diem  fee,  and  shall  receive  the  entire  compensation 
for  such  portion  of  the  transcript  as  he  furnishes,  but  in  no  case  shall 
a  reporter  receive  compensation  by  way  of  commission  or  otherwise 
in  or  for  any  case  in  which  he  is  not  himself  actually  engaged. 


1156 

Rule  43.  Phonograph  Reporters  for  Superior  Courts,  Their  Ap- 
pointment and  Duties. — All  phonograph  or  shorthand  reporters  of  the 
Superior  Courts  shall  hereafter  be  appointed  or  discharged  by  a  writ- 
ten order  signed  by  a  majority  of  the  Judges  of  said  court  and  not 
otherwise.  Such  reporters  must  have  the  qualifications  and  have 
passed  the  examination  provided  for  in  Section  270  in  the  C.  C.  P. 
He  must  perform  the  duties  as  defined  in  Section  269  of  the  C.  C.  P. 
and  he  must  attend  to  those  duties  in  the  manner  prescribed  in  Sec- 
tion 271  of  the  C.  C.  P.  and  subscribe  to  the  oath  of  office  pursuant 
to  Section  272  of  the  C.  C.  P.  Pursuant  to  this  rule,  the  following 
persons  who  have  already  submitted  to  the  test  of  competency  and 
taken  the  oath  of  office  and  have  been  heretofore  appoinled  to  the 
position  of  phonographic  reporters  of  this  court  are  assigned  to  the 
departments  set  opposite  their  names,  to  wit: 

Reporter  in  Dept.     1 E.    C.    Thompson 

Reporter  in  Dept.     2 Leo   Longley 

Reporter  in  Dept.     3 Monroe    H.    Coulee 

Reporter  in  Dept     4 N.  H.  Peterson 

Reporter  in  Dept.     5 Henry   Henderson 

Reporter  in  Dept.     6 W.   N.   Tiffany 

Reporter  in  Dept     7 J.   A.   Vaughn 

Reporter  in  Dept.     8 1.  Benjamin 

Reporter  in  Dept.     9  Edwin  M.  Williams 

Reporter  in  Dept.  10 J.    J.    Petermichel 

Reporter  in  Dept.  11 B.  N.  Smith,  Jr. 

Reporter  in  Dept.  12 John  H.  Chilcote 

Reporter  in  Dept.  Ex.  Sess.  1 — Reporter  assigned  to  presiding  judge. 

Pursuant  to  the  foregoing  rules  the  following  have  passed  the  re- 
quired examination  and  have  been  appointed  official  reporters  pro  tern. 
and  assigned  as  foUow^s: 

L.  J.  Girvin,  assigned  to  assist  in  Department  12;  J.  B.  Doyle,  as- 
signed to  Extra  Session  2;  Charles  E.  Welch,  assigned  to  Extra  Ses- 
sion 3;  Charles  H.  Magee,  assigned  to  Extra  Session  4;  Alonzo  M. 
Haynes,  unassigned. 


RULES— JUSTICES'  COURT— SAN  FRANCISCO. 

Rule  1.  Filing  and  Custody  of  Pleadings. — All  pleadings  and 
papers  required  to  be  filed  in  said  Court  shall  for  that  purpose  be  pre- 
sented to  the  €lerk,  who  shall  there  and  then  mark  the  same  filed, 
and  note  the  filing  of  such  pleading  or  paper  in  the  docket  of  said 
Court,  under  the  title  of  the  cause  or  proceeding  wherein  the  same  is 
filed,  and,  after  the  filing  thereof  as  aforesaid,  the  same  shall  remain 
on  file  in  the  office  of  the  Clerk,  and  shall  not  be  taken  therefrom, 
except  on  appeal,  or  by  order  of  one  of  the  Justices  of  said  Court,  and 
all  persons  are  hereby  prohibited  from  removing  them  or  any  of  them 
from  the  office  of  said  Clerk,  and  no  person  shall  be  allowed  to  inspect 


RULES — JUSTICES*   COURT  OF  SAN  FRANCISCO.  1157 

or  handle  them  or  any  of  them  unless  by  consent  of  the  Clerk,  and  in 
his  immediate  presence. 

Rule  2.  Manner  of  Pleading. — ^At  any  time  before  the  expiration 
of  the  time  named  in  the  summons  within  which  the  defendant  is  re- 
quired to  answer,  the  defendant  shall  be  at  liberty  to  enter  a  special 
appearance  for  the  purpose  of  objecting  to  any  irregularity  of  the 
proceedings  in  any  respect,  and  shall  state  the  grounds  of  his  objec- 
tions briefly  in  writing,  which  said  objections  shall  be  determined 
by  the  Justice  before  the  hearing  of  the  cause  upon  its  merits. 

Rule  3.  Demurrer  and  Answer. — When  a  demurrer  to  a  pleading 
is  sustained,  the  pleading  may  be  amended  within  such  time,  not 
exceeding  two  days,  as  the  Court  may  allow,  and  such  amended  plead- 
ing may  be  answered  or  demurred  to  within  such  time  as  the  Court 
may  allow,  not  exceeding  two  days.  When  the  demurrer  to  the  com- 
plaint is  overruled,  the  defendant  must  answer  forthwith,  or  in  such 
timo  as  the  Court  may  allow,  not  exceeding  two  days,  except  in  cases 
of  unlawful  detainer;  in  such  cases  the  defendant  must  answer  forth- 
with. 

When  a  demurrer  to  an  answer  is  overruled  the  action  must  proceed 
as  if  no  demurrer  had  been  interposed. 

Rule  4.  Day  of  Trial. — ^When  all  the  parties  served  with  process 
shall  have  appeared,  or  some  of  them  have  and  the  remaining  defend- 
ants have  made  default,  the  default  of  such  defendants  may  be  entered 
by  the  Justice  before  whom  the  case  is  pending,  and  upon  application 
of  either  party  fix  a  day  for  the  trial  of  said  cause,  and  notice  of  the 
setting  of  said  cause  for  trial  shall  be  given  to  the  adverse  party. 

Rule  5.  Precedence  of  Cause  on  Trial. — ^A  cause  on  trial  shall  take 
precedence  of  a  cause  specially  set. 

Rule  6.  Calendar  of  Court. — The  Clerk  shall  prepare  and  compile 
a  daily  calendar  of  this  Court,  and  enter  the  same  in  a  book  provided 
for  that  purpose.  Said  book  or  calendar  shall  be  so  kept  as  to  show 
for  each  day  the  causes  specially  set  for  trial  by  the  order  of  any  of 
the  Justices. 

Rule  7.  Transfers. — In  all  cases  transferred  from  one  Justice  to 
another  for  trial,  as  provided  for  by  Section  833  of  the  Code  of  Civil 
Procedure,  such  transfer  shall  not  be  deemed  a  postponement  of  the 
trial,  but  the  cause  shall  be  reassigned  and  the  trial  proceed  the  same 
as  if  no  transfer  had  been  made. 

Rule  8.  Papers  Presented  for  Filing. — ^All  papers  and  pleadings 
presented  to  the  Clerk  of  the  Court  and  required  to  be  filed  in  any 
action  shall  be  properly  indorsed  with  the  title  and  number  of  the 
cause,  and  must  bear  the  name  and  address  of  the  attorney  or  person 
appearing. 

Rule  9.  Service  of  Pleadings. — In  all  cases  wherein  a  written  an- 
swer, demurrer,  or  notice  of  special  appearance  is  filed,  the  party  so 
filing  the  same  shall  serve  a  copy  thereof  upon  the  attorney  for  the 


1158  hillyer's  legal  manual. 

adverse  party,  provided  such  adverse  party  is  represented  by  an  at- 
torney whose  office  is  in  the  City  and  County  of  San  Francisco,  and, 
if  not  so  represented,  no  service  need  be  made;  otherwise  the  same 
may  be  stricken  out  on  motion  upon  notice  to  be  given  within  such 
time  as  may  be  fixed  by  the  Court,  and  in  case  defendant  presents 
an  oral  answer  said  defendant  must  notify  the  plaintiff  or  his  attor- 
ney of  such  fact,  leaving  his  address. 

Rule  10.  Statement  of  Appeal  on  Questions  of  Law. — The  state- 
ment and  amendments  thereto,  as  provided  for  by  Section  975  of  the 
Code  of  Civil  Procedure,  may  be  served  upon  the  opposite  attorney 
by  delivering  a  copy  thereof,  but,  unless  such  service  is  so  made,  the 
party  preparing  the  statement,  after  having  filed  the  same  with  the 
Clerk,  and  had  such  filing  entered  and  indorsed,  shall  serve  said  state- 
ment upon  the  opposite  attorney  on  the  same  day,  who  shall  prepare 
his  amendments  thereto,  and  shall,  Avithin  ten  days  after  the  receipt  of 
such  statement,  file  his  amendments  with  the  Clerk,  and,  after  having 
such  filing  entered  and  indorsed,  shall  on  the  same  day  serve  the  said 
amendments  with  the  statement  upon  the  opposite  attorney,  who  shall 
within  five  days  thereafter  give  written  notice  of  settlement  before 
the  Justice  who  tried  said  action,  or  the  amendments  shall  be  deemed 
to  be  accepted. 

The  notice  shall  not  be  less  than  two  days  nor  more  than  five  days. 
After  settlement  the  statement  shall  be  engrossed  by  the  moving  party 
and  filed  within  five  days, 

Rule  11.  Setting  Aside  Default. — All  applications  for  setting  aside 
defaults,  and  relief  as  provided  for  by  Section  859  of  the  Code  of  Civil 
Procedure,  shall  be  heard  and  determined  by  the  Justice  who  tried 
the  cause,  or  his  successor. 

Rule  12.  Taxation  of  Costs. — Unless  the  costs  are  taxed  at  the  time 
of  the  rendition  of  judgment  the  prevailing  party,  by  consent,  may 
within  two  days  thereafter  serve  upon  the  adverse  party  or  his  attor- 
ney, and  file  with  the  Clerk  of  said  Court,  a  written  memorandum 
of  his  costs  and  disbursements  verified  by  himself  or  his'  attorney, 
which  shall  not  embrace  the  percentage  allowed  by  law.  Within  two 
days  after  the  service  of  such  bill,  or  memorandum  of  costs,  the  oppo- 
site party  may  give  notice  to  move  the  Justice  before  whom  said  cause 
was  tried,  upon  a  two  days'  notice  in  writing,  to  the  adverse  party 
or  his  attorneys,  to  retax  such  costs. 

Rule  13.  Stipulations. — No  agreement  or  consent  between  the  par- 
ties or  their  attorneys  in  respect  to  the  proceedings  in  a  cause  will  be 
regarded  by  the  Court,  unless  the  same  shall  have  been  made  in  open 
Court  and  entered,  or  unless  the  evidence  thereof  shall  be  in  writing 
subscribed  by  the  party  against  whom  the  same  may  be  alleged,  or  by 
his  authority. 

Rule  14.  Jury  Trials. — The  party  demanding  a  jury  trial  shall  de- 
posit with  the  Clerk  of  said  Court  twenty-four  dollars  as  security  for 
the  payment  of  the  fees  of  said  jury,  and  until  such  deposit  is  made 


RULES — POLICE  COURT  OF  SAN  FRANCISCO.  1159 

the  right  to  a  trial  by  jury  shall  be  deemed  to  be  waived.  The  fees 
of  said  jury  must  be  deposited  at  the  beginning  of  each  day  of  such 
trial. 

Rule  15.  Payment  of  Fees. — Before  any  trial  shall  proceed  the 
plaintiff  shall  pay  in  advance  the  trial  fee,  and  procure  the  papers 
from  the  Clerk,  who  shall  not  deliver  the  same  until  said  trial  fee  shall 
have  been  paid.  Upon  the  hearing  of  a  demurrer,  the  papers  must  be 
presented  to  the  Justice,  who  shall  not  hear  or  determine  said  demurrer 
until  the  trial  fee  is  paid. 

Rule  16.  Signing  of  Orders. — No  orders  will  be  signed  or  affidavits 
taken  by  any  of  the  Justices  during  the  progress  of  any  trial  or  argu- 
ment. Such  orders  must  be  presented  when  the  Court  is  not  in  session, 
or  before  the  commencement  of  a  trial  at  10  A.  M.  or  2  P.  M.  All 
ex  parte  motions  must  be  made  at  the  above  time. 

Rule  17.  Transfer  of  Causes. — When  a  cause  has  been  regularly 
assigned  to  a  Justice,  the  same  shall  not  be  reassigned  by  the  presiding 
Justice  without  the  consent  of  the  Justice  to  whom  it  was  originally 
assigned,  except  in  cases  wherein  an  affidavit  of  prejudice  has  been 
filed  in  conformity  with  the  Code  regulating  such  procedure. 

Rule  18.  Service  of  Notice. — Causes  at  issue  may  be  set  for  trial 
upon  the  application  of  either  party,  and  all  orders  setting  causes 
for  trial  must  be  served  on  the  adverse  party  at  least  two  days  before 
said  day  of  trial.  All  notices  of  motions  must  be  served  at  least 
two  days  before  the  hearing  of  said  motion. 


RULES— POLICE  COURT— SAN  FRANCISCO. 

Rule  1.  Numbering  and  Assignment  of  Cases. — Commencing  July  1, 
1911,  all  cases  shall  be  numbered  in  regular  rotation,  felonies  com- 
mencing at  F.  1  and  misdemeanors  at  M.  1,  and  they  shall  be  assigned 
in  regular  rotation  to  the  respective  Departments  of  the  court. 

Reassignment. — When  the  calendars  have  been  made  up  in  the 
morning  and  sent  to  the  respective  departments,  the  Bond  and  War- 
rant Clerk  shall  immediately  be  informed  as  to  the  last  number  used 
in  each  series,  and  he  shall  number  the  complaints  and  warrants  in 
regular  rotation  in  accordance  with  this  rule.  No  one  shall  have  any 
authority  to  change  the  number  of  a,  case,  or  alter  the  assignment  of 
a  case,  without  an  order  signed  by  all  of  the  Judges  of  the  court, 
provided  that  the  Presiding  Judge  may  transfer  any  case  from  one  De- 
partment to  another  with  the  consent  of  the  Judges  from  whom  and 
to  whom  it  is  to  be  so  transferred. 

Assignments  Where  Judge  is  Absent. — In  case  of  the  absence  of  any 
Judge  for  a  period  of  more  than  three  days  from  any  cause,  or  in  case 
of  the  adjournment  of  any  court  for  vacation,  the  numbers  regularly 
belonging  to  that  Judge  or  Department  shall  be  assigned  in  rotation 
to  the  other  Departments  then  in  session    during  the  period  of  such 


1160  HILLYER^S  LEGAL   MANUAL. 

absence  or  adjournment.  Where  several  defendants  are  jointly 
charged  with  any  offense,  but  one  number  shall  be  used  for  all  such, 
and  in  the  event  that  jury  trials  arc  demanded  in  such  cases  the  Judge 
in  whose  department  they  may  be  shall  report  the  fact  to  the  Pre- 
siding Judge,  who  shall  cause  a  reassignment  of  the  cases  to  be  made 
in  numerical  order  among  the  Departments  of  the  court. 

Rule  2.  Warrants  not  Issued  Before  11  A.  M. — In  order  that  the 
conduct  of  the  business  of  the  court  may  be  expedited  and  the  dis- 
turbance incident  to  the  issuance  of  warrants  may  be  curtailed,  war- 
rants will  not  be  issued  prior  to  11  o'clock  A.  M.  on  any  day,  except  in 
cases  of  great  or  exceptional  urgency.  The  "Warrant  and  Bond  Clerk 
will  so  inform  all  persons  applving  for  warrants. 

^  CHA.S.  L.  WELLER, 

Judge  of  the  Police  Court,  Dept.  1. 
JOHN  J.   SULLIVAN, 

Judge  of  the  Police  Court,  Dept.  2. 
E.  P.  SHORTALL, 

Judge  of  the  Police  Court,  Dept.  3. 
DANIEL  C.  DEASY, 

Judge  of  the  Police  Court,  Dept.  4. 

RULES— ATTORNEY  GENERALr-LEAVE  TO  SUE. 

In  conformity  with  the  practice  heretofore  followed  by  this  office 
in  so-called  "leave  to  sue"  cases,  the  follow^ing  rules  have  been  adopted 
for  the  guidance  of  those  who  may  desire  to  sue  in  the  name  of  the 
people  upon  the  relation  of  a  private  person: 

Rule  1.  Application  for  "Leave  to  Sue."— The  relator  will  submit 
to  this  office  his  application  for  "leave  to  sue,"  accompanied  by: 

Original  Verified  Cor^plaint. —  {a)  Original  verified  complaint,  to- 
gether with  a  copy  thereof; 

Points  and  Authorities. — (&)  Points  and  authorities  showing  why 
proposed  action  should  be  brought  in  the  name  of  the  people ; 

Notice  to  Defendant. — (c)  A  notice  directed  to  defendant  to  the  effect 
that  relator  is  about  to  apply  for  leave  to  sue  in  the  action  therein 
named,  and  that  defendant  may,  within  ten  days  from  the  date  of  ser- 
vice of  such  notice,  show  cause,  if  any  he  have,  why  such  "leave  to 
sue"  should  not  be  granted. 

Proof  of  Service  upon  Defendant. — (c?)  Proof  of  service  of  such  ap- 
plication, complaint,  points  and  authorities,  and  notice  upon  the  de- 
fendant or  defendants. 

Rule  2.  Defendants  to  Show  Cause. — Defendants  will  be  allowed 
ten  days  (or  such  further  time  as  may  be  granted)  in  which  to  show 
cause  why  the  application  for  "leave  to  sue"  should  not  be  granted. 

Rule  3.  Relator  to  Reply. — Relator  will  then  be  allowed  five  days 
(or  such  further  time  as  may  be  granted)  in  which  to  reply  to  the 
showing  thus  made  by  defendants. 


RULES — ATTORNEY  GENERAL.  1161 

Rule  4.  Proof  of  Service. — ^Proof  of  service  should  accompany  all 
papers  submitted  to  this  office  under  Rules  1,  2  and  3. 

Rule  5.  Undertaking. — If  the  application  for  ''leave  to  sue'*  be 
granted,  the  relator  must,  within  ten  days  after  receiving  notice  of 
the  granting  of  such  leave  (unless  further  time  be  granted),  present 
to  this  office  an  undertaking  executed  to  the  State  of  California  in  the 
sum  of  five  hundred  dollars,  with  two  good  and  sufficient  sureties,  to 
the  effect  that  the  relator  will  pay  any  judgment  for  costs  and  dam- 
ages that  may  be  recovered  against  the  plaintiff,  and  all  costs  and  ex- 
penses incurred  in  the  prosecution  of  the  said  action.  The  said  bond 
shall  be  indorsed  by  a  Judge  of  the  Superior  Court  of  the  county 
wherein  the  action  is  to  be  brought,  to  the  effect  that  if  the  bond  were 
presented  to  said  Judge  he  would  accept  the  sureties  therein  named 
for  the  amount  of  the  undertaking. 

Rule  6.  "Leave  to  Sue"  Filed  With  the  Clerk.— Upon  receipt  of 
said  undertaking  so  executed  in  proper  form,  the  Attorney  General 
will  transmit,  in  writing,  to  the  relator,  "leave  to  sue"  in  the  name  of 
the  people,  which  "leave  to  sue"  should  be  filed  with  the  Clerk  of 
the  court  simultaneously  with  the  filing  of  the  complaint. 

Rule  7.  Complaint  Filed. — The  complaint  filed  in  the  action  shall 
be  a  copy  of  the  proposed  complaint  hereinbefore  referred  to,  changed 
or  amended  as  the  Attorney  General  shall  suggest  or  direct,  and  the 
relator  shall  not  thereafter  in  any  way  change,  amend,  or  alter  the 
said  complaint  without  first  consulting  the  Attorney  General. 

Rule  8.  Attorney  General  may  Withdraw,  Discontinue,  Dismiss  or 
Assume  Management. — The  Attorney  General  may  at  all  times,  at  any 
and  every  stage  of  the  said  suit,  withdraw  therefrom  and  discontinue 
or  dismiss  the  same,  as  to  him  may  seem  fit  and  proper ;  or  may,  at  his 
option,  assume  the  management  of  said  cause  at  any  stage  thereof. 

Rule  9.  Relator  must  Inform  Office  of  Every  Proceeding. — The  re- 
lator must  immediately  inform  this  office  of  the  date  of  the  filing  of 
the  complaint,  and  of  the  court  number  thereof,  and  shall  thereafter 
notify  this  office  without  delay,  of  every  proceeding  had,  motion  made, 
paper  filed,  or  thing  done  in  the  action,  or  in  relation  thereto,  and  must 
send  to  this  office,  promptly  a  copy  of  every  paper  or  document  filed 
by  any  of  the  parties  to  the  action,  and  when  service  of  any  paper 
in  said  action  is  made  on  the  relator  by  the  opposing  party,  the  relator 
shall  secure  an  additional  copy  of  such  paper,  which  additional  copy 
shall  be  at  once  forwarded  to  this  office.^ 


1  The  attention  of  counsel  is  especially  directed  to  Rule  No.  9,  and  their 
strict  compliance  therewith  is  earnestly  requested.  The  Attorney  General  is 
required  to  keep  a  complete  record  of  all  proceedings,  and  cannot  do  so  unless  the 
Rule  referred  to  is  continuously  observed. 


1162  HILLYER^S  LEGAL   MANUAL. 


RULES— FOR  PAROLING  OF  PRISONERS. 

(Adopted  September  27,  1909.) 

Rule  1.  Record  of  Prisoners.— It  shall  be  the  duty  of  the  wardens 
of  the  respective  prisons  at  San  Quentin  and  at  Folsom  to  keep  a  full 
and  accurate  record  of  each  prisoner  therein  confined  who  may  be  eligible 
to  parole  under  the  provisions  of  the  law.  This  record  shall  include 
a  biographical  sketch  covering  such  items  as  may  indicate  the  causes 
of  the  criminal  character  or  conduct  of  the  prisoner,  and  the  advantages 
and  opportunities  of  education,  moral  training,  employment,  etc.,  en- 
joyed before  arrest  by  said  prisoner ;  also  a  personal  record  showing,  so 
far  as  possible  or  practicable,  his  conduct,  demeanor,  diligence  at  labor, 
and  progress  in  education  while  confined  in  such  prison;  and  also  a  per- 
centage table,  indicating  the  said  record  of  each  prisoner,  using  100 
as  a  maximum.  No  prisoner  whose  record  shall  not  have  shown  100  per 
cent  for  six  (6)  consecutive  months  shall  be  eligible  to  parole. 

Rule  2.  Report  on  Applicants. — Before  considering  any  case  for 
parole,  the  board  will  require  the  written  report,  recommendation,  and 
opinion  of  the  warden,  captain  of  the  yard,  and  physician  at  San 
Quentin,  and  of  the  warden,  captain  of  the  guard,  physician,  and  turnkey 
at  Folsom,  in  the  cases  of  prisoners  in  their  respective  prisons.  Such 
officers  shall  report  the  general  conduct  and  habits  of  the  prisoner,  and 
the  probability,  in  their  judgment,  of  his  remaining  on  parole  without 
violating  the  law.  It  shall  be  the  duty  of  such  officers  to  obtain  all  the 
information  possible  of  the  antecedents  of  each  and  every  applicant  for 
parole,  together  with  such  statements  of  the  crime  committed  by  the 
prisoner,  and  such  advice  and  opinion  concerning  the  advisability  of 
granting  a  parole,  as  can  be  obtained  from  the  judge  who  tried  the  case, 
the  district  attorney,  and  counsel  for  defense.  It  shall  be  the  duty  of 
such  officers  to  examine  into  each  and  every  application  for  parole,  and 
present  to  the  board  all  available  data  at  as  early  a  date  as  possible, 
together  with  any  and  all  papers,  documents,  and  records  necessary  for 
a  proper  and  full  consideration  of  each  application,  as  provided  by  these 
rules.  It  shall  be  the  duty  of  such  officers  to  carefulh^  examine  and 
scrutinize  the  records  and  percentage  tables  provided  for  in  Rule  1, 
presenting  such  records  and  tables  of  each  eligible  prisoner  to  this  board 
in  tabulated  form,  and  indorsing  the  same  as  correct  and  true,  or  other- 
wise, as  their  knowledge  and  judgment  may  determine. 

Rule  3.  Deposit  and  Guaranty  of  Employment. — No  prisoner  shall 
be  released  on  parole  until  satisfactory  evidence  shall  have  been  fur- 
nished in  writing,  that  employment  will  be  given  such  prisoner  by  some 
responsible  and  reputable  person,  or  that  he  will  engage  in  some  re- 
spectable business  for  himself.  No  prisoner  shall  be  released  on  parole 
until  there  shall  have  been  deposited  by,  or  on  his  behalf,  with  the 
warden  of  the  prison  in  which  the  prisoner  is  confined,  the  sum  of  $25.00. 
In  the  event  of  the  violation  by  said  prisoner  of  any  of  the  conditions 


PAROLE  RULES.  1163 

of  his  parole,  the  said  sum  of  $25.00,  and  the  whole  thereof,  shall  be 
forfeited  by  the  depositor  thereof  and  shall  be  retained  by  said  warden 
to  be  used  in  defraying  the  expense  of  arresting  and  recommitting 
paroled  prisoners  who  violate  the  conditions  of  their  parole.  The 
moneys  thus  forfeited  shall  constitute  a  fund  to  be  known  as  the  "parole 
expense  fund"  and  shall  be  expended  for  the  purposes  last  above  named 
when  authorized  by  a  majority  of  the  board;  such  expenditures  to  be 
made  by  checks  signed  jointly  by  the  warden  and  the  clerk  of  the  prison 
to  which  such  expenditures  respectively  pertain.  In  all  cases  where 
no  such  violations  occur  the  entire  amount  shall  be  refunded  to  the 
depositor  on  return  of  receipt,  properly  indorsed,  after  final  discharge 
of  said  paroled  prisoner.  In  no  case  shall  any  prisoner  be  released 
on  parole  unless  there  is,  in  the  judgment  of  the  board,  reasonable 
ground  to  believe  that  he  will,  if  paroled,  live  and  remain  at  liberty 
without  Tiolating  the  law,  and  that  his  release  is  not  incompatible  with 
the  welfare  of  society,  nor  perversive  to  the  ends  of  justice. 

Rule  4.  Notice  of  Intention. — Each  applicant  shall  cause  to  be 
published,  at  least  once  a  week  for  two  successive  weeks,  in  a  news- 
paper of  general  circulation,  published  in  the  county  in  which  he  was 
convicted,  if  such  newspaper  be  published,  the  fact  that  he  intends  to 
apply  for  parole ;  and  no  application  shall  be  considered  by  this  board 
until  the  statement  of  the  publisher,  with  copy  of  notice  attached,  shall 
have  been  filed.  If  no  newspaper  b€  published  in  the  county,  the  notice 
shall  be  published  in  a  newspaper  in  an  adjoining  county. 

Rule  5.  Half  Term  must  be  Served. — No  application  for  parole 
shall  be  filed  by  the  clerk  until  the  prisoner  shall  have  served  one-half 
his  sentence,  unless  for  some  extraordinary  reason  the  same  shall  have 
been  recommended  in  writing  by  the  warden,  with  his  reasons  there- 
for, and  ordered  filed  by  the  affirmative  vote  of  at  least  four  members 
of  the  board. 

Rule  6.  Order  of  Hearings. — Applicants  for  parole  shall  be  placed 
on  a  calendar  in  the  order  of  the  date  on  which  the  completed  papers 
are  filed  with  the  clerk,  and  such  applications  shall  be  heard  in  such 
order,  and  in  no  case  shall  an  application  be  heard  out  of  order. 

Rule  7.  Argument  and  Solicitation. — No  attorney  shall  be  heard 
in  behalf  of  any  prisoner ;  nor  shall  an  oral  argument  be  allowed.  All 
facts  which  may  be  thought  to  entitle  a  prisoner  to  parole  shall  be 
stated  in  writing  and  filed  with  the  clerk.  No  oral  solicitation  of  any 
kind  will  be  permitted. 

Rule  8.  Attorneys. — Each  applicant  must  file  with  his  application 
a  statement  of  all  sums  of  money  which  he  has  paid  or  promised  to  pay 
directly  or  indirectly  to  any  attorney  or  other  person  for  assistance  in 
preparation  of  papers  or  other  cause,  or  that  any  other  person  has 
paid  or  promised  to  pay  in  his  behalf.  It  is  unnecessary  to  have  at- 
torneys in  parole  cases,  and  the  board  will  discourage  the  practice. 

Rule  9.  Life  Termers. — Life  termers,  and  those  who  have  served 
eight  years,  solid  time,  shall  be  placed  on  a  separate  calendar,  and 


1164  HILLYER^S   LEGAL    MANUAL. 

their  applications  shall  be  considered  in  the  order  in  which  they  are 
filed  with  the  clerk. 

Rule  10.  Vote  Necessary  for  Parole. — It  shall  require  the  affirma- 
tive vote  of  four  members  of  the  board  to  grant  a  parole  or  ticket-of- 
leave,  whose  names  shall  be  signed  to  the  certificate  of  parole. 

Rule  11.  Rehearings. — When  an  application  for  parole  shall  be  de- 
nied the  applicant  shall  not  again  become  eligible  to  parole  until  the 
expiration  of  one  year  from  the  date  of  such  denial,  except  that  a  re- 
hearing of  such  application  may  be  had  within  such  year  if  recom- 
mended by  the  warden  in  writing  with  his  reasons  for  such  recom- 
mendation. 

Rule  12.  Reports  of  Paroled  Prisoners. — ^Every  paroled  prisoner 
shall  be  required  to  subscribe  in  a  book,  to  be  kept  for  the  purpose, 
his  signature.  Every  paroled  prisoner  shall  report  in  writing,  over  his 
signature,  to  the  parole  officer  in  San  Francisco  on  the  first  day  of 
every  month  until  released  by  law.  Said  report  shall  be  countersigned 
by  the  person  in  whose  employ  the  paroled  prisoner  may  be  at  the 
time,  if  employed  by  another.  In  addition  to  reporting  to  the  said 
parole  officer  every  paroled  prisoner  shall  also  report  to  either  a  chief 
of  police,  a  sheriff  of  a  county,  a  justice  of  the  peace,  a  constable,  or 
such  other  person  as  the  board  may  designate,  in  such  a  manner  and 
at  such  times  as  the  board  may  prescribe  in  each  particular  case.  Said 
prisoner  shall  make  such  additional  reports  as  the  board  in  each  par- 
ticular case  may  require. 

Rule  13.  Violations  of  Parole  and  Forfeiture  of  Credits. — Every 
paroled  prisoner  shall  be  liable  to  be  retaken  and  again  confined  within 
the  prison  for  any  violation  of  the  conditions  of  his  parole,  or  for  any 
reason  that  shall  be  satisfactory  to  the  board;  and  for  any  violation 
of  the  conditions  of  his  parole,  or  of  any  of  these  rules,  or  any  rules 
of  this  prison,  the  paroled  prisoner  may  forfeit  all  or  any  part  of  his 
credits,  at  the  sole  discretion  of  the  board. 

Rule  14.  Credits  of  Paroled  Prisoners. — The  board  shall  have  the 
power  to  determine  whether  a  paroled  prisoner  shall  be  allowed  his 
credits,  to  be  deducted  from  his  term  of  sentence,  or  shall  forfeit  his 
credits,  for  any  offense  which  would  cause  his  credits  to  be  forfeited 
if  confined  in  prison. 

Rule  15.  Amendments. — No  alteration  or  amendment  shall  be  made 
to  these  rules  and  regulations,  unless  at  least  four  members  of  the 
board  vote  therefor,  and  no  one  of  these  rules  shall  be  suspended  with- 
out the  unanimous  consent  of  the  board  when  at  least  four  members 
are  present. 


ELECTION   STATISTICS. 


1165 


OFFICIAL  VOTE— GENERAL  ELECTION— NOVEM- 
BER, 1912. 

STATE  AND   COUNTY  VOTE. 

Voting 

Precincts  in  Total  Total 

California,  Vote  Cast,  Registra-  Vote  Oast, 

Counties.                                                                                 1912.  1910.  tion,  1912.  1912. 

Alameda 286  35,692  92,835  69,700 

Alpine 5  76  105  91 

Amador 27  2,144  3,600  2,656 

Butte 84  5,991  12,807  9,447 

Calaveras 34  2,399  3,997  3,281 

Colusa 26  2,095  3,458  2,981 

Contra  Costa 54  5,741  12,822  8,938 

Del  Norte 8  794  1,177  906 

El  Dorado 35  2,031  3,778  2,841 

Fresno 142  13,413  30,054  21,748 

Glenn 20  1,629  3,672  2,604 

Humbaldt 69  6,202  13,289  9,033 

Imperial 27  226  5,304  3,577 

Inyo 28  1,449  2,296  1,720 

Kern 86  6,669  18,396  11,597 

Kings 28'  3,091  5,740  4;i8i6 

Lake 19  1,464  2.673  2,286 

Lassen 25  l,2a5  2,040  1,522 

Los  Angeles 727  68,430  259,115  168,064 

Madera ' 29  1,757  3,618  2,644 

Marin 46  4,288  8,190  6,727 

Mariposa 21  1,052  1,721  1,274 

Mendocino 64  4,748  8,750  6,032 

Merced 36  2,907  6,014  4,553 

Modoc 23  1,256  2,382  1,837 

Mono , 8  415  539  400 

Monterey 51  4,840  9,846  7,862 

Napa 30  4,306  7,926  6,106 

Nevada 46  3,302  5,716  4,248 

Orange 59  6,447  17,369  11,420 

Placer 54  3,501  6,639  4,551 

Plumas 23  1,110  2,647  1,896 

Eiverside 76  6,017  13,770  10,592 

Sacramento 105  12,293  29,552  20,056 

San  Benito 124  1,942  3,735  2,787 

San  Bernardino 26  9,338  22,617  16,304 

San  Diego 146  9,481  30,041  22,933 

San  Francisco 464  59,724  134,688  105,646 

San  Joaquin 83  8,955  19,978  14,496 

San  Luis  Obispo. 43  4,270  7,897  5,906 

San  Mateo 42  4,983  9,399  7,512 

Santa  Barbara 60  4,880  10,864  7,637 

Santa  Clara 132  ll,671  34,146  24,209 

Santa  Cruz 50  4,591  9,428  7,526 

Shasta 55  3,844  7,310  4,911 

Sierra 21  993  1,514  1,215 

Siskiyou 66  3,906  7,503  5,204 

Solano 35  6,029  10,873  8,525 

Sonoma 91  9,106  20,330  14,990 

Stanislaus 54  4,498  11,536  8,276 

Sutter 23  1,635  2,909  2,192 

Tehama 44  2,583  5,269  3,658 

Trinity     24  999  1,580  1,063 

Tulare 86  6,667  13,998  10,599 

Tuolumne 30  2,508  4,016  2,869 

Ventura 32  3,619  6,672  5,109 

Yolo                            22  3,589  5,560  4,219 

Yuba 29  2,102  3,668  2,614 

Totals 4^283  393,893  987,368  707,776 


1166  HILLYER^S   LEGAL    MANUAL. 

ELECTORS   OF   PRESIDENT   AND    VICE-PRESIDENT    OF    THE 

UNITED  STATES. 

A.J. 

Wallace.  Thomas  F.                           Annie  E.  K. 

Republican  Griffin.  W.  M.  Boyd.      Bidwell. 

Counties.                                                                       Progressive.  Democrat.  Socialist.      Prohibition. 

Alameda     31,542  24,418'  9,332  1,160 

Alpine   36  34  2 

Amador    684  1,622  135  57 

Butte    3,365  4,028  930  489 

Calaveras    750  1,869  399  66 

Colusa 810  1,760  111  84 

Contra    Costa 3,539  3,290  1,300  181 

Del    Norte 376  323  104  40 

El    Dorado 776  1,613  278  49 

Fresno    8,839  8,891  2,278  590 

Glenn    906  1,325  126  67 

Humboldt 3,609  2,887  1,781  177 

Imperial    1,420  1,295  446  193 

Inyo    431  806  305  77 

Kern   3,647  5,569  1,300  182 

Kings   1,419  1,967  406  156 

Lake    649  1,118  266  123 

Lassen    559  644  148  34 

Los  Angeles    75,593  55,110  19,895  8,190 

Madera 943  1,154  226  89 

Marin   2,750  2,849  733  68 

Mariposa    306  689  138  17 

Mendocino   2,237  2,507  752  141 

Merced 1,571  1,978  441  228 

Modoc 608  941  119i  45 

Mono    106  182  67  11 

Monterey   3,081  3,392  557  301 

Napa 2,432  a,662  478  126 

Nevada 1,381  1,851  648  111  ' 

Orange    5,143  4,406  896  852 

Placer 1,913  1,823  481  125 

Plumas    762  742  236  30 

Riverside   5,146  2,963  1,036  834 

Sacramento    7,534  9,869  1,553  213 

San  Benito    1,054  1,253  179  74 

San  Bernardino    6,202  5,835  1,901  1,233 

San  Diego   7,922  9,731  2,873  1,139 

San   Francisco    38,610  48,953  12,354  1,158 

San  Joaquin   4,314  7,969  995  426 

San  Luis  Obispo 2,373  2,248  704  214 

San   Mateo    2,825  3,246  827  80 

Santa  Barbara   3,395  2,819  619  357 

Santa    Clara    10,868  9,173  2,068  824 

Santa  Cruz 3,059  2,875  892  323 

Shasta    1,636  2,040  938  54 

Sierra   483  515  133  13 

Siskiyou   1,740  2,465  633  104 

Solano    3,353  3,650  78]  169 

Sonoma 5,806  6,500  1,494  367 

Stanislaus    3,143  3,127  749  864 

Sutter   846  1,063  79  65 

Tehama    1,218  1,595  388  168 

Trinity   343  461  182  9 

Tulare 4,283  4,293  1,233  265 

Tuolumne 755  1,459  363  38 

Ventura    2,055  2,108  426  169 

Yolo          1,352  2,239  301  113 

Yuba 1,132  1,242  186  34 

Totals 283,610  283,436  79,201  23,366 


ELECTION   STATISTICS. 


1167 


FOR  REPRESENTATIVES  IN  CONGRESS. 

First  Congressional  District. 

Edward  H.      William  I.  G.               Joseph 

Counties.                                                                             Hart.             Kent.  Zumwalt.      Bredsteen. 

Republican.      Progressive,     Democrat.         Socialist. 

Bel    Norte    143                354  228                  66 

Humboldt    1,495             3,264  2,128             1,506 

Mendocino    1,268             1,802  1,857                542 

Glenn    412                739  1,141                   82 

Butte    1,566             2,799  3,169                704 

Lake   321                635  866                194 

Colusa 347                926  1,408                  64 

Yuba 373           ,     968  1,062                129 

Sutter 515                585  845                  51 

Sonoma    2,554             5,313  4,718             1,088 

Marin   1,591             2,956  1,334                466 

Totals     10,585           20,341  18,756 

Second  Congressional  District. 

Frank  M.  John  E. 
Counties.                                                                                             Rutherford.         Raker. 

Republican.     Democrat. 

Modoc    230  1,368 

Siskiyou     1,122  2,858 

Trinity 206  620 

Shasta   892  2,753 

Lassen    176  1,096 

Tehama 725  2,115 

Plumas 372  1,147 

Sierra 363  606 

Nevada    ^ 1,656  1,782 

Placer 1,433  2,184 

El   Dorado    655  1,611 

Amador    696  1,392 

Calaveras    719  1,766 

Alpine    30  51 

Tuolumne 618  1,445 

Mariposa 285  673 

Totals    10,178  23,467 

Third  Congressional  District. 

Gilbert 

C.  F.  McMillan 

Counties.                                                                                                 Curry.  Ross. 

Republican.  Democrat. 

Yolo    1,666  1,449 

Napa   3,020  1,446 

Sacramento 12.056  3,546 

Solano 4,287  1,977 

Contra  Costa   4,141  1,788 

San   Joaquin    5,890  4,991 

Totals 31,060  15,197 

Fourth  Congressional  District. 

Julius  Bert 

Counties.                                                                                           Kahn.  Schlesinger. 

Republican.  Democrat. 

San  Francisco    25,515  14,884 

Totals    25,515  14,884             5,090 


4,892 


J.  C. 
Williams. 
Socialist. 

70 
481 
123 
628 

82 
291 
180 
104 
475 
383 
225 
122 
302 
1 
267 

84 


3,818 


William  L. 
Wilson. 
Socialist. 

430 

551 
1,883 

960 
1,440 
1,258 


6,52i 


Norman  W. 
Pendleton. 
Socialist. 
5.090 


1168 


HILLYEE  S   LEGAL   MANUAL. 


FOR  REPRESENTATIVES  IN  CONGRESS— Continued. 
Fifth  Congressional  District. 

John  I.  Stephen  V.  E.  L. 

Counties.  Nolan.  Costello.  Reguin. 

Republican.  Democrat.  Socialist. 

San  Francisco   27,902  18,516  6,962 


Totals 27,902 


18,516 


6.962 


Counties. 
Alameda 


Sixth  Congressional  District. 

Joseph  R. 
Knowland. 
Republican. 
35,219 


Totals 35,219 


Hiram  A. 

Luttrell. 

Democrat. 

4,135 


4,135 


J.  Stitt 

Wilson. 

Socialist. 

26,234 


26,234 


Seventh  Congressional  District. 

James  Carson 
Counties.  Needham. 

Republican. 

Stanislaus 3,375 

Merced * 1,482 

Madera    573 

Fresno   8,054 

Kings    ,. .    1,810 

Tulare    4,048 

Kern    3,652 

Totals    22,994 

Eighth  Congressional  District. 

Everis  A. 
Counties.  Hayes. 

Republican. 

San  Mateo  3,324 

Santa  Cruz 2,664 

Santa  Clara  11,708 

San  Benito 957 

Monterey , 3,271 

San  Luis  Obispo 2,355 

Santa  Barbara 3,409 

Ventura 2,173 

Totals 29,861 

Ninth  Congressional  District. 

Charles  W.  Thomas  H. 
Counties.                                                                    Bell.  Kirk. 

Republican.  Democrat. 

Los  Angeles 28,845  14,571 

Totals 28,845  14,571 

Tenth  Congressional  District. 

William  D.  George 

Counties.                                                                  Stephens.  Ringo. 

Republican.  Democrat. 

Los  Angeles 43,637  17,890 

Totals 43,637  17,890 


Denver  S. 

Church. 

J.  S.  Cato. 

Democrat. 

Socialist. 

2,649 

970 

1,835 

485 

1,446 

213 

8,657 

2,516 

1,47» 

364 

3,680 

1,315 

4,007 

1,308 

23,752 


20,620 


7,171 


James  B, 

Robert 

Holohan. 

Whitaker. 

Democrat. 

Socialist. 

2,294 

839 

2,955 

1,091 

6,610 

3,146 

1,081 

263 

2,709 

781 

1,688 

796 

1,851 

737 

1,432 

472 

8,125 


Ralph  L. 

George  S. 

Cri  swell. 

Yarnall. 

Socialist. 

Prohibition. 

11,123 

6,510 

11,123 


6,510 


Fred  C. 

Emory  D. 

Wheeler. 

Martindale, 

Socialist. 

Prohibition. 

17,126 

2,995 

17,126 


2,995 


ELECTION   STATISTICS. 


1169 


FOR  REPRESENTATIVES  IN  CONGRESS— Continued. 

Eleventh  Congressional  District, 

Samuel  C.  William  Noble  Asa  Helen  M. 

Counties.                                                                     Evans.  Kettner.  Richardson.  Btoddard. 

Republican.  Democrat.  Socialist.  Prohibition. 

Mono 169  93  47  16 

San  Bernardino    5,294  .  4,541  2,119  1,323 

Inyo •. 465  694  259  41 

Eiverside   5,649  2,158  1,019  705 

Orange    4,443  3,320  896  1,110 

San  Diego 4,426  12,759  2,355  1,327 

Imperial 980  1,257  364  320 

Totals 21,426  24,822  7,059  4,842 


SUPERIOR  JUDGES. 


Alameda  County. 
(Two  to  be  elected.) 

William  H.  Donahue 38,593 

F.  B.  Ogden 45,825 

James  P.   Montgomery 16,069 

Kobert  M.  Koyce 12,766 

Fresno  County. 
(Two  to  be   elected.) 

H.  Z.  Austin 11,874 

Herbert  F.  Briggs 7,973 

Geo.  E.  Church 8,163 

Geo.  L.  Warlow 8,032 

Scattering 2 

Kings  County. 
(One  to  be   elected.) 

M.  L.  Short 2,969 

H.  S.  Hampton 16 

Los  Angeles  County. 

(Five  to  be  elected.) 

James  C.  Rives 111,389 

Paul  J.  McCormick 109,463 

Charles  Wellborn 94,427 

Frederick  W.   Houser 89,703 

John  N.  York 76,595 

J.  W.  Summerfield 57,672 

G.  Bay  Horton 55,136 

George  H.  Hutton 35,171 

William  Frederickson    21,454 

Fred  H.  Taft 13,220 

Scattering 1,888 

Marin  County. 
(One   to   be    elected.) 
Unexpired  term — 

Edgar  T.  Zook 5,323 

74 


Madera  County. 
(One   to  be   elected.) 

W.  M.  Conley 

A,  W.  JVederick 

Scattering   , 


Modoc  County. 

(One  to  be   elected.) 
Unexpired  term — 

Clarence  A.  Raker 

Scattering   , 


Riverside  County. 
(One   10   be   elected.) 

F.  E.  Densmore 

T.  S.  Nightingale 

Scattering , 


San  Bernardino  County. 

(One   to   be    elected.) 

Ben j.  F.  Bledsoe 

Scattering 


San  Diego  County. 
(One  to  be   elected.) 

Albert  Schoonover   

W.  A.  Sloane 

Scattering   , 


San   Francisco   County. 
(Four  to  be  elected.) 

James  V.  Cofifey . . 

Daniel  C.  Deasy 

Thomas  F.  Graham 

Wm.  P.  Lawlor 

Edmund  P.  Mogan 

Emil  Pohli    

Edward  P.  Shortall 

Lucy  Goode  White 


1,782 

116 

16 


1,450 
25 


5,976 

3,163 

2 


5,343 
12 


8,385 

10,530 

119 


66,763 
37,706 
71,443 
54,980 
60,968 
6,160 
54,310 
12^84 


1170 


HILLYER'S   LEGAL    MANUAL. 


SUPERIOR  JUDGES— Continued. 


San  Joaquin  County. 
(One  to   be   elected.) 

C.  W.  Nortou 10,307 

14 


Scattering 


Shasta  County. 
(One  to  be    elected.) 

,r.   E.   Barber 3,621 

J.    G.   Estep 30 


Tulare  County. 
(One   to   be    elected.) 

J.  A.  Allen 5,482 

Alfred  Daggert   3,230 

L.  N.  Atwood 119 

Scattering 3 


FOR  SENATORS. 


First    Senatorial    District — Del    Norte, 
Humboldt,   Trinity,   Tehama. 

William  Kehoe  (Rep.) 5,064 

H.  P.  Andrews  (Dem.) 4,901 

E.  W.  Weldon   (Soc.) 2,329 

Scattering   5 

William  Kehoe's  plurality,  163. 

Third      Senatorial      District  —  Plumas, 
Sierra,  Nevada,  Placer,  El   Dorado. 

E.   S.  Birdsall    (Rep.) 6,303 

John  A.  Livingston  (Dem.) 4,383 

A.  M.  Clark  (Soc.) 1,833 

E.  S.  Birdsall's  majority,  87. 

Fifth    Senatorial    District — Napa,    So- 
lano. 

B.  F.  Rush  (Rep.) 6,248 

Joseph  Walsh  (Dem.) 4,854 

Alonzo  Smith  Knight  (Soc.) 1,261 

B,  F.  Rush's  majority,  133. 

Seventh     Senatorial     District  —  Sacra- 
mento. 

O.    G.   Hopkins    (Rep.) 6,966 

P.   C.   Cohn    (Dem.) 9,162 

Andrew  Johnson   (Soc.) 1,610 

P.  C.  Cohn's  majority,  586. 

Ninth  Senatorial  District — Marin,  Con- 
tra Costa. 

Sumner  Crosby   (Rep.) 5,269 

James  C.  Owens    (Dem.) 6,691 

R.  Leonhart  (Soc.) 1,862 

J.  C.  Owen's  plurality,  1,422. 


Thirteenth    Senatorial    District  —  Ala- 
meda. 

Edw.  K.  Strobridge  (Rep.) 5,529 

Benjamin  F.  Mason  (Dem.) 2,032 

C.  A.  Tobey  (Soc.) 1,858 

Edw.  K.  Strobridge's  majority,  1,639. 

Fifteenth      Senatorial     District  —  Ala- 
meda. 

A.  H.  Breed  (Rep.) 14,309 

Richard  B.  Bell  (Dem.) 5,356 

Harold    French    (Soc.) 3,805 

A.  H.  Breed's  majority,  5,148. 

Seventeenth   Senatorial   District — Mon- 
terey, San  Luis  Obispo. 

Alonzo  E.  Bunker  (Rep.) 4,002 

A.  E.  Campbell   (Dem.) 6,890 

A.  M.  Rayl  (Soc.) 1,043 

A.  E.  Campbell's  majority,  1,845. 

Nineteenth     Senatorial    District  —  San 
Francisco. 

Edward  I.  Wolfe    (Rep.) 5,499 

Edwin  E.  Grant  (Dem.) 5,594 

W.  S.  Vanderburgh  (Soc.) 574 

Scattering 1 

Grant's  plurality,  95. 

Twenty-first   Senatorial   District  —  San 
Francisco. 

Fred  C.  Gerdes   (Rep.) 8,833 

Joseph  J.  McShane  (Dem.) 5,857 

Emil  Liess  (Soc.) 2,737 

Fred  C.  Gerdes'  majority,  239. 


Eleventh      Senatorial      District  —  San       Twenty-third    Senatorial   District — San 


Mateo,   San  Benito,   Santa  Cruz. 

William  R.  Flint    (Rep.) 8,163 

John  H.  Leonard  (Dem.) 4,782 

Ralph  H.  Smith  (Soc.) 2,182 

Scattering 1 

William  R.  Flint's  majority,  998. 


Francisco. 

Thos.  F.  Finn  (Rep.) 4,420 

James  H.  Ferren  (Dem.) 1,696 

Rollar  Allen   (Soc.) 1,510 

Scattering  32 

Thos.  F.  Finn's  majority,  1,214. 


ELECTION   STATISTICS. 


1171 


FOR  SENATORS— Continued. 


Twenty-fifth   Senatorial   District — ^Ven- 
tura,  Santa  Barlsara. 

D.  W.  Mott   (Rep.) 4,893 

B.  F.  Thomas  (Dem.) 4,517 

Mina  Dominguez   (Soc.) 1,070 

Scattering 2 

D.  W.  Mott's  plurality,  376. 

Twenty-seventh     Senatorial    District — 
Santa  Clara. 

Frank  H.  Benson   (Rep.) 6,045 

AVilliam  Edgar  (Dem.) 3,532 

W.  W.  Dunham  (See.) 1,168 

Scattering 3 

Frank  H.  Benson's  majority,  1,342. 

Twenty-ninth   Senatorial   District — ^Los 
Angeles. 

Henry  H.  Lyon  (Rep.) 4,168 

Stephen  Monteleone  (Dem.) 2,159 

Carl  K.  Broneer  (Soc.) 3,697 

Scattering 9 

Henry  H.  Lyon's  plurality,  471. 

Thirty-first     Senatorial    District  —  Los 
Angeles. 

Edwin  M.  Butler   (Rep.) 10,138 

Joseph  K.  Tuttle  (Dem.) 5,199 

William  Francis  Ireland  (Soc.) .  .   4,674 

Daniel  B.  Koeaig  (Prohib.) 985 

Scattering 21 

Edwin  M.  Butler's  plurality,  471. 

Thirty-third    Senatorial    District  —  Los 
Angeles. 

Prescott  F.  Cogswell  (Rep.) 8,355 

Frank  D.  Firey   (Dem.) 5,165 


J.  B.  Rutherford  (Soc.) 1,707 

Loring  A.  Pickering  (Prohib.) .  . .   2,727 

Scattering 10 

Prescott  F.  Cogswell's  plurality,  3,190. 

Thirty-fifth    Senatorial    District  —  Los 
Angeles. 

Newton  W.  Thompson  (Rep.) 7,570 

Philip  F.  DodsoJi  (Dem.) 5,140 

Harry  J.  L.  Atwood  (Soc.) 4,957 

Scattering '    35 

Newton     W.     Thompson's     plurality, 
2,430. 

Thirty-sixth    Senatorial   District  —  Los 
Angeles. 

William  J.  Can-  (Ind.) 11.139 

P.  H.  Quinn  (Ind.) 3,720 

Scattering 48 

William  J.  Carr's  majority,  7,371. 

Thirty-seventh  Senatorial  District — ^Los 
Angeles. 

William  E.  Brown  (Rep.) 9,014 

Herbert  T.  Muzzy  (Dem.) 5,014 

James  R.  Townsend  (Soc.) 3,096 

Scattering  7 

William    E.    Brown's    majority,    897. 

Thirty-ninth  Senatorial  District — ^River- 
side,  Orange,  Imperial. 

John  N.  Anderson   (Rep.) 10,799 

Louis  Paul  Hart   (Dem.) 6,484 

George  Bauer  (Soc.) 2,318 

F.  D.  Ashleigh  (Prohib.) 2,006 

Scattering 4 

John  N.  Anderson's  plurality,  4,315. 


FOR  MEMBERS  OF 

First    Assembly    District  —  Del    Norte, 
Siskiyou. 

L.  F.  Coburn  (Rep.) 1,797 

William  B.  Shearer  (Dem.) 2,473 

Otto  L.  Haese   (Soc.) 899 

Scattering 2 

Coburn's  majority,  676. 

Second   Assembly    District — Humboldt. 

H.  C.  Nelson  (Rop.) 3,715 

W.  F.  Harris  (Dem.) 1,360 

Gegrge  Keeling   (Soc.) 2,555 

Scattering   1 

Nelson's   majority,   1,160. 

Third  Assembly  District — Shasta,  Trin- 
ity. 
C.  William  White  (Rep.) 2,223 


THE  ASSEMBLY. 

Timothy   D.   Goodman    (Dem.)  .  . .    1,863 

D.  N,   Cunningham   (Soc.) 1,007 

White's    plurality,    360. 

Fourth     Assembly     District  —  Plumas, 
Lassen,  Modoc,  Sierra. 

A.  F.  Shartel  (Rep.) 2,333 

H.   D.    Semans    (Dem.) 2,206 

C.   M.   Goodhue    (Soc.) 621 

Scattering   1 

Shartel's  plurality,  127. 

Fifth      Assembly      District  —  Tehama, 

Glenn,  Colusa. 

James  King  Kendrick  (Rep.)  ....  2,526 

Harry  Polsley  (Dem.) 4,210 

F.  A.  Hersey  (Soc.) 578 

Scattering 1 

Polsley's   majority,   1,105. 


1172 


hillyer's  legal  manual. 


FOR  MEMBERS  OF  THE  ASSEMBLY— Continued. 


Sixth   Assembly   District — Mendocino. 
Horace  rremont  Milliken  (Rep.) .   1,860 

T.  J.  Weldon  (Dem.) 2,434 

E.  S.  Scott  (See.) 1,167 

Scattering 2 

Weldon's  plurality,  574. 

Seventli  Assembly  District — Butte. 


G.  0.  Miller  (Rep.) 

John  H.  Guill,  Jr.  (Dem.) 

A.  C.  Mastellar  (Soc.) 

William  J.  Van  Orsdel   (Prohib.) 
GuilPs  plurality,  1,020. 


2,479 

3,499 

868 

662 


Sut- 


Eighth  Assembly  District — Yuba, 
ter,  Yolo. 

J.  A.  Murray  (Rep.) 3,509 

Lawrence  H.  Wilson  (Dem.) 3,293 

August  Dahler  (Soc.) 655 

Murray's  plurality,  216. 

Ninth      Assembly      District  —  Nevada, 
Placer. 

Edwin  C.  Gaylord  (Rep.) 3,011 

George  B.  Finnegan    (Dem.) 3,628 

Geo.  Heffner  (Soc.) 942 

Finnegan's  plurality,  617. 

Tenth  Assembly  District — Solano. 

Walter  S.  Thompson  (Rep.) 2,131 

W.  S.  Killingsworth,  Sr.  (Dem.).   3,027 
Conrad  Rump  (Soc.) 727 

C.  J.  Uhl  (Ind.) 1,729 

Killingsworth's  plurality,  896. 

Eleventh     Assembly     District  —  Napa, 
Lake. 

Wallace  Rutherford  (Rep.) 2,752 

James  M.  Palmer  (Dem.) 3,676 

James  Mason   (Soc.) 572 

Scattering 2 

Palmer's  majority,  350. 

Twelfth  Assembly  District — Sonoma. 

James  W.  Hamilton  (Rep.) 2,358 

G.  W.  Libby  (Dem.) 3,269 

Richard  Corbett  (Soc.) 721 

Libby's  majority,  411. 

Thirteenth  Assembly  District — Sonoma. 

Lucien  E.  Fulwider   (Rep.) 2,246 

H.  W.  Slater  (Dem.) 3,741 

Niles  F.  Spencer  (Soc.) 564 

Scattering 5 

Slater's  majority,  926. 

Fourteenth    Assembly    District — Sacra- 
mento. 
J.  M.  Inman  (Rep.) 4,373 

D.  E.  Wiley  (Dem.) 3,052 

Howard  Nealy  Mitchell  (Soc.) ...      871 

Inman's  majority,  450. 


Fifteenth    Assembly    District  —  Sacra- 
mento. 

J.  Fontaine  Johnson  (Rep.) 3,592 

Hugh  B.   Bradford    (Dem.) 4,135 

Herman  Schoech   (Soc.) 675 

Bradford's  plurality,  543. 

Sixteenth   Assembly  District — Amador, 
El  Dorado,  Alpine,   Calaveras. 

F.  G.  Stevenot  (Rep.) 2,701 

Will  A.  Dower  (Dem.) 4,207 

D.  W.  Thorne  (Soc.) 627 

Scattering 1 

Dower's  majority,  878. 

Seventeenth  Assembly  District — Marin. 

Charles  W.  Byrnes  (Rep.) 3,267 

T.  S.  Malone  (Dem.) 992 

C.  C.  Edwards   (Soc.) 1,621 

Byxnes'  majority,  654. 

Eighteenth   Assembly   District — Contra 
Costa. 

T.  D.  Johnston   (Rep.) 3,694 

Edw.  M.  Hasey  (Dem.) 2,198 

John  Dahlstrom  (Soc.) 1,336 

Johnston's  majority,  160. 

Nineteenth     Assembly     District  —  San 
Joaquin. 

Elisha  R.  Lawrence  (Rep.) 1,517 

J.  W.  Stuckenbruck  (Dem.) 4,029 

M.  H.  Steely  (Soc.) 525 

Stuckenbruck's   majority,   1,987. 

Twentieth  Assembly  District — San  Joa- 
quin. 

E.  H.  McGowan  (Rep.) 2,616 

W.  C.  Wall   (Dem.) 3,257 

R.  A.  Hawley  (Soc.) 432 

Wall's  majority,  209. 

Twenty-first    Assembly    District  —  San 
Francisco. 

Walter  A.  McDonald  (Rep.) 2,896 

James  W.  Farrell  (Dem.) 1,491 

Isaac  Sturza   (Soc.) 1,030 

McDonald's  majority,  375. 

Twenty-second  Assembly  District — San 
Francisco. 

William  P.  Kennedy  (Rep.) 1,495 

John  J.  Ford,  Jr.  (Dem.) 1,680 

Carl  F.  Loschenkohl  (Soc.) 609 

Ford's  plurality,  185. 

Twenty-third    Assembly    District — San 
Francisco. 

James  J.  Ryan   (Rep.) 2,105 

John  Joseph  Bogue  (Dem.) 1,981 

Herman  E.  Doyal  (Soc.) 1,624 

Ryan's  plurality,   124. 


ELECTION   STATISTICS. 


1173 


FOR  MEMBERS  OF  THE  ASSEMBLY— Continued. 


Twenty-fourth  Assembly  District — San 
Francisco. 

William  M.  Collins  (Eep.) 3,502 

George  M.  Wilson  (Dem.) 1,789 

Louis  I.  Fortin  (Soc.) 1,301 

Collins'  majority,  412. 

Twenty-fifth    Assembly    District  — San 
Francisco. 

George   M.   Hench    (Rep.) 3,052 

William  C.  McCarthy  (Dem.) 3,768 

Michael  F.  Heaney  (Soc.) 1,029 

McCarthy's  plurality,  716. 


Twenty-sixth 


Assembly 
Francisco. 


District — San 


William  B.  Bush  (Rep.) 5,810 

Ray  Elric  Brouillet  (Dem.) 3,289 

Mads  Peter  Christensen  (Soc.) .  . .  1,711 
Bush's   majority,   810. 

Twenty-seventh  Assembly  District— San 
Francisco. 

J.    E.   White    (Rep.) 3,246 

Edward  P.  Walsh  (Dem.) 4,566 

Helen  Willsey  Hall  (Soc.) 615 

Walsh's  majority,  705. 

Twenty-eighth  Assembly  District — San 
Francisco. 

Wm.  S.  Scott  (Rep.) 4,355 

Walter  T.  Lyon  (Dem.) 2,802 

Lizzie   Robe    (Soc.) 755 

Scott's  majority,  798. 

Twenty-ninth  Assembly  District  —  San 
Francisco. 

George  A.  Wentworth  (Rep.) 3,209 

Ignatius  A.  Richardson  (Dem.) .  . .   3,381 

K.  J.  Doyle  (Soc.) 1,415 

Scattering   2 

Richardson's  plurality,   172. 

Thirtieth  Assembly  District — San  Fran- 
cisco. 

Edward  J.  D.  Nolan  (Rep.) 4,843 

T.  E.  Strong  (Dem.) 2,513 

Thomas  P.  D.  Gray  (Soc.) 1,226 

Scattering 3 

Nolan's  majority,  1,101. 

Thirty-first     Assembly     District  —  San 
Francisco. 

Milton  L.  Schmitt  (Rep.) 4,875 

George  Douglas  Wise  (Dem.) 2,596 

Adelheid  Oswald  (Soc.) 584 

Schmitt's  majority,  1,695. 


Thirty-second    Assembly    District — San 
Francisco. 

John  Gillson  (Rep.) 3,678 

Arthur  L.  Shannon  (Dem.) 3,757 

Allen  K.  Gifford  (Soc.) 696 

Shannon's  plurality,  79. 

Thirty-third    Assembly    District  — San 
Fraficisco. 

Victor  J.  Canepa  (Rep.) 2,363 

John  Angus  Macaulay  (Dem.) ....  1,804 

Salvatore  Schiro   (Soc.) 400 

Canepa's  majority,   159. 

Thirty-fourth   Assembly   District — ^Ala- 
meda. 

A.  A.  Rogers   (Rep.) 2,480 

George  Beck  (Dem.) 2,698 

O.  A.  Shaw  (Soc.) 746 

Beck's  plurality,  218. 


Thirty-fifth 


Assembly 
meda. 


District  —  Ala- 


Alfred  Morgenstern  (Rep.) 4,397 

E.  D.  Rue  (Dem.) 1,653 

E.  A.  Larkin  (Soc.) 2,144 

Morgenstern's  majority,  600. 


Thirty-sixth 


Assembly 
meda. 


District  —  Ala- 


Frank  M.  Smith  (Rep.) 3,892 

Henry  H.  McPike  (Dem.) 3,020 

J.  E.  Cofer  (Soc.) 2,016 

Smith's  plurality,  872. 

Thirty-seventh  Assembly  District — ^Ala- 
meda. 

William  C.  Clark  (Rep.) 5,384 

James  K.  Moffitt  (Dem.) 2,203 

P.  B.  Cowdery  (Soc.) 1,149 

Clark's  majority,  2,032. 

Thirty-eighth   Assembly   District — ^Ala- 
meda. 

Daniel  Ferguson  (Rep.) 2,789 

John  R.  Kelly  (Dem.) 1,080 

H.  C.  Tuck  (Soc.) 1,300 

Ferguson's  majority,  409. 

Thirty-ninth   Assembly   District  —  Ala- 
meda. 

George  Fitzgerald  (Rep.) 3,156 

J.  W.  McMannis  (Dem.) 821 

H.  G.  Strowenjans  (Soc.) 2,270 

Fitzgerald's  majority,  65. 


1174 


hillyer's  legal  manual. 


FOR  MEMBERS  OF  THE  ASSEMBLY— -Continued. 


Fortieth  Assembly  District — Alameda. 
George  Gelder   (Rep.) 3  440 

C.  F.  Fraser  (Dem.) 1  75I 

W.  M.  Bartlett  (Soc.) .[   2'l59 

Gelder's  plurality,  1,281. 

Forty-first  Assembly  District^-Alameda. 

C    C.  Young  (Rep.) 5,630 

Wm.  A.  Powell  (Dem.) 2  507 

Elvina  S.  Beals  (Soc.) 1^486 

Young's  majority,  1,637. 

Forty-second    Assembly   District  —  San 
Mateo. 

Henry  Ward  Brown  (Rep.) 3,374 

E    J    Crane  (Dem.)    1  958 

Hy.  Meyer  (Soc.) 896 

Brown's  majority,  1,520. 

Forty-third    Assembly    District— Santa 
Cruz. 

D.  D.  Bowman    (Rep.) 2,663 

John  B.  Maher  (Dem.) ,   2  566 

Cora  P.  Wilson   (Soc.) l'l90 

Scattering [     '     2 

Bowman's  plurality,   97. 

Forty-fourth  Assembly  District^Santa 
Clara. 

L.  D.  Bohnett  (Rep.) 5  721 

William  M.  Hines  (Dem.) 3^897 

Paul    Lambert    (Soc.) 1127 

Scattering  '     5 

Bohnett's  majority,  692. 

Forty-fifth    Assembly    District  —  Santa 
Clara. 

5;-^V??.^f^  ^^^P-) •  •  •  4,573 

Elijah  Miller  (Dem.) 3  99,1 

Jennie  Arnott  (Soc.) l'l02 

Scattering  '     '     5 

Hayes'  plurality,  582. 

Forty-sixth  Assembly  District— Stanis- 
laus. 

W^alter  H.  Killam  (Rep.) 1  948 

David  W.  Tulloch  (Dem.)...  3'o72 

W.  B.  Harvey  (Soc.) '641 

S.  C.  Gibson   (Prohib.) 1  473 

Tulloch's  plurality,  1,124.'  ' 

Forty-seventh  Assembly  District — Mari- 
posa, Tuolumne,  Inyo,  Mono. 

Geo.  A.  Clarke   (Rep.) 2,598 

J.  A.  Van  Harlingen   (Dem.) 1,995 

Mary  M.  McNeill  (Soc.) 646 

Scattering   2 

Clarke's  plurality,  603. 


Forty-eighth   Assembly    District — Mon- 
terey, San  Benito. 

William  Sandholdt,  Jr.  (Rep.)  . . .  3,191 

J.  K.  Alexander  (Dem.) 4,806 

S.  G.  Button  (Soc.) 955 

Scattering  2 

Alexander's  majority,  658. 

Forty-ninth  Assembly  District — Merced, 
Madera. 

George  Marchbank  (Rep.) 2,247 

J.  J.  Griffin  (Dem.) 2,961 

O.  H.  Cole  (Soc.) 743 

Scattering  2 

Griffin's  plurality,  714. 

Fiftieth  Assembly  District — Fresno. 

W.  P.  Chandler  (Rep.) 2,309 

W.  H.  Kerr  (Dem.) 1,774 

Christian  Christensen  (Soc.) 749 

Don  A.  Allen   (Prohib.) 352 

Scattering 4 

Chandler's  plurality,  535. 

Fifty-first  Assembly  District — Fresno. 

W.  A.  Sutherland  (Rep.) 3,113 

Henry  Hawson  (Dem.) 2,988 

Walter  Clifton  (Soc.) 765 

Scattering 1 

Sutherland's  plurality,   125. 


Fifty-second 


Assembly 
Fresno. 


District 


L.  B.  Cary   (Rep.) 2,963 

F.  E.  Jones  (Dem.) 2,734 

Dr.  O.  W.  Osteinwand  (Soc.) 186 

Scattering  3 

Gary's  majority,  40. 

Fifty- third     Assembly     District  —  San 
Luis  Obispo. 

A.  B.  Green   (Rep.) 2,695 

Mary  Ella  Ridle  (Dem.) 1,471 

J.  M.  Emmert   (Soc.) 751 

Green's  majority,  473. 

Fifty-fourth  Assembly  District — King. 

R.  A.  Moore  (Rep.) 1,639 

J.  W.  Guiberson  (Dem.) 1,664 

C.  J.  Snyder   (Soc.) 326 

Guiberson's  plurality,  25. 

Fifty-fifth  Assembly  District — Tulare. 

G.  W.  Wyllie  (Rep.) 3,973 

Aubrey  M.  Lumley  (Dem.) 3,840 

Peter   Schulp    (Soc.) 1,294 

Wyllie's  plurality,  133. 


ELECTION   STATISTICS. 


1175 


FOR  MEMBERS  OF  THE  ASSEMBLY— Continued. 


Fifty-sixth  Assembly  District — Kern. 

Fred  J.  Crease  (Rep.) 3,475 

William  E.  Simpson  (Dem.) 5,231 

I.  T.  Sharp  (Soc.) 1,101 

.    Simpson's  majority,  655. 

Fifty-seventh    Assembly    District — San 
Bernardino. 

George  H.  Johnson  (Eep.) 2,891 

J.  L.  McMinn  (Dem.) 2,230 

L.   Wm.   Gurr    (Soc.) 1,140 

J.  M.  Hartley  (Prohib.) 693 

Johnson's  plurality,  661. 

Fifty-eighth    Assembly    District  —  San 
Bernardino. 

James  E.  Cram  (Eep.) .2,911 

Evan  G.  Evans  (Dem.) 1,962 

Edward  J.  Eoher  (Soc.) 755 

S.  T.  Martin  (Prohib.) 566 

Cram's  plurality,  919. 

Fifty-ninth  Assembly  District — Santa 
Barbara. 

C.  L.  Preisker  (Eep.) 2,946 

Henry  C.  Bagby  (Dem.) 3,089 

J.  H.  Hoback  (Soc.) 505 

Scattering 5 

Bagby's  plurality,  143. 

Sixtieth  Assembly  District — Ventura. 

Thomas  G.  Gabbert  (Eep.) 2,104 

W.  E.  Shepherd  (Dem.) 1,738^ 

J.  M..  Mathews  (Soc.) 397 

Gabbert's   plurality,   366. 

Sixty-first      Assembly      District  —  Los 
Angeles. 

W.  A*  Eoberts  (Eep.) 3,682 

Daniel  S.  Hammack  (Dem.) 2,365 

P.  D.  Noel  (Soc.) 1,656 

Enoch  A.  Holtwick  (Prohib.) 69fi 

Charles  H.  Eandall  (Ind.) .......  2,782 

Scattering   5 

Eoberts'  plurality,  900. 

Sixty-second    Assembly    District  —  Los 
Angeles. 

Preman  H.  Bloodgood  (Rep.) ....  4,755 

Force  Parker  (Dem.) 2,392 

Herman  H.  Holtkamp  (Soc.) 1,220 

Etta  B.  Taft  (Prohib.) 488 

Scattering t 2 

Blo'odgood's  majority,  653. 


Sixty-third     Assembly     District  —  Los 

Angeles. 
Henry  Stanley  Benedict  (Eep.)..   7,117 

John  W.  Satterwhite   (Dem.) 3,202 

Sallie  E.  Bowman  (Soc.) 1,347 

Wiley  J.  Phillips  (Prohib.) 640 

Scattering   12 

Benedict's  majority,  1,916. 

Sixty-fourth    Assembly    District  —  Los 
Angeles. 

Frank  E.  Woodley  (Eep.) 5,440 

Troy  Edward  Burns  (Dem.) 3,082 

L.  Gilbert  Wilhite  (Soc.) 1,867 

Scattering  3 

Woodley's  majority,  488. 

Sixty-fifth      Assembly      District  —  Los 
Angeles. 

J.  Henry  Baetz  (Eep.) 1,182 

J.  Scott  Allen  (Dem.) 1,068 

C.  W.  Kingsley  (Soc.) 1,534 

Scattering   2 

Kingley's  plurality,  352. 

Sixty-sixth     Assembly     District  —  Los 
Angeles. 

Thomas  L.  Ambrose  (Eep.) 3,064 

Benjamin  F.  Groves  (Dem.) 1,902 

William  J.  Coady  (Soc.) 2,591 

Scattering  24 

Ambrose's  plurality,  473. 

Sixty-seventh    Assembly    District — Los 
Angeles. 

Howard  J.  Fish  (Eep.) 4,573 

Clark  McLain  (Dem.) 1,583 

Samuel  C.  Eamage  (Soc.) 1,017 

Gabrella  T.  Stickney   (Prohib.)..   2,139 

Scattering 2 

Fish's  plurality,  2,434. 


Sixty-eighth    Assembly    District 
Angeles. 

W.  A.  Johnstone  (Eep.) 

Barnard  Hartley   (Dem.) 

E.  B.  Johnson  (Soc.) 

Henry  L.  Kuhns  (Prohib.) 

Scattering 

Johnstone's  plurality,  2,046. 

Sixty-ninth     Assembly     District 
Angeles. 


-Los 

3,956 

1,645 

689 

1,910 

2 


Egbert  J.  Gates   (Eep.) 

Fred   A.  Young   (Dem.) 

B.  E.  Brainard  (Soc.) 

Alice  P.  Woertendyke  (Prohib.) 

Scattering 

Gates'  plurality,  2,204. 


—  Los 

4,322 

,   2,118 

1,786 

1,750 

9 


1176 


hillyer's  legal  manual. 


FOR  MEMBERS  OF  THE  ASSEMBLY— Continued. 


Seventieth      Assembly      District  —  Los 
Angeles. 

John  H.  Strine   (Rep.) 4,019 

Charles  L».  Soyster  (Dem.) 2,920 

Charles  H.  Dodd   (Soc.) 966 

Jesse  W.  Robinson   (Prohib.) 1,319 

Strine's  plurality,   1,099. 

Seventy-first    Assembly    District  —  Los 
Angeles. 

Elijah  A.  Emmons  (Rep.) 3,187 

Ed.  O.  Bailey  (Dem.) 1,855 

Alexander  Kane  (Soc.) 3,118 

Lucy  D.  Wilhoite   (Prohib.) 466 

Scattering 8 

Emmons'  plurality,  69. 

Seventy-second  Assembly  District — ^Los 
Angeles. 

Arthur  G.  Kuck   (Rep.) 6,024 

T.  B.  Crane  (Dem.) 3,348 

A.   M.  Salyer   (Soc.) 1,508 

Newton  Hogan  (Prohib.) 925 

Scattering 9 

Kuck's  majority,  234. 

Seventy- third  Assembly  District  —  Los 
Angeles. 

Howard  A.  Peairs   (Rep.) ... 3,284 

S.  M.  Smyser  (Dem.) 1,870 

George  W.  Downing  (Soc.) 3,017 

Horace  J.  Winslow  (Prohib.) ....      591 
Scattering 3 

Peairs*  plurality,  267. 

Seventy-fourth  Assembly  District — ^Los 
Angeles. 

Frank  H.  Mouser  (Rep.) 3,002 

Claud  E.  Sheckels  (Soc.) 2,617 

L.   C.  Haller   (Soc.-Lab.) 786 

Scattering  12 

Mouser's  plurality,  385. 


Seventy-fifth    Assembly   District  —  Los 
Angeles. 

Lvman  Farwell   (Rep.) 5,664 

Emmet  Wilson  (Dem.) 3,154 

Albert  J.  Peterson  (Soc.) 1,209 

Scattering  9 

Farrell's  majority,  1,292. 

Seventy-sixth      Assembly      District  — 
Orange. 

Hans  V.  Weisel  (Rep.) 4,450 

I.  D.  Mills  (Dem.) 3,420 

J.  H.  Stewart  (Soc.) 870 

W.  T.  Mitchell  (Prohib.) 969 

Weisel's   plurality,   1,030. 

Seventy-seventh    Assembly    District  — 
Riverside. 

William  H.  Ellis  (Rep.) 4,694 

Robert  M.  Irving  (Dem.) 2,336 

S.  S.  Samuels  (Soc.) 1,098 

Joseph  Jarvis  (Prohib.) 928 

Ellis'  majority,  332. 

Seventy-eighth  Assembly  District — ^Im- 
perial. 

H.  W.  Morehouse  (Rep.) 1,440 

Jas.  W.  Glassford  (Dem.) 1.108 

J.  W.  Kramer  (Prohib.) 193 

Scattering 1 

Morehouse's  majority,  138. 

Seventy-ninth    Assembly   District — San 
Diego. 

E.  C.  Hinkle  (Rep.) 6,864 

Edward  T.  Lannon  (Dem.) 3,307 

Kasper  Bauer  (Soc.) 2,083 

Irving  H.   Skinner    (Prohib.) 612 

Hinkle's  majority,  862. 

Eightieth       Assembly      District  —  San 
Diego. 

Fred  E.  Judson   (Rep.) 3,424 

George  C.  Tyler  (Soc.) 1,220 

E.  E.  Lowe  (Prohib.) 1,071 

Scattering 1 

Judson's  majority,   1,132. 


ELECTION   STATISTICS. 


1177 


CONSTITUTIONAL   AMENDMENTS,    INITIATIVE   AND    REFER- 
ENDUM PROPOSITIONS. 


S.    C.  A.   No.   S. 

To  propose  to  the  people 
of  the  State  of  Cali- 
fornia an  amendment 
to  section  16i,  of 
article  XI,  of  the  con- 
stitution, relating  to 
the  deposit  of  moneys 
helonging  to  the  state, 
etc. 


A.  O.  A.  No.  8. 

To  propose  to  the  people 
of  the  State  of  Cali- 
fornia an  amendment 
to  the  constitution  of 
the  state  by  amending 
section  7  of  article  IX 
thereof,  relating  to 
boards  of  education, 
free  text-books,  etc. 


Referendum    Petition. 

An  act  to  amend  the 
Political  Code  of  the 
State  of  California 
by  adding  two  new 
sections  thereto,  to 
be  numbered  4149e 
and  4149f,  providing 
for  the  appointment 
of  a  registrar  of 
voters. 


Totals 


Yes. 

No. 

Yes. 

No. 

Yes. 

No. 

307,199 

128,411 

343,443 

171,486 

145,924 

255,051 

Eeferendum  Petition. 


An  act  to  amend  section 
4232  of  the  Political 
Code  of  California  re- 
lating to  the  salaries 
and  fees  of  officers  in 
counties  of  the  third 
class,  etc. 
Yes.  No. 


Beferendum  Petition. 


An  act  to  amend  section 
4013  of  the  Political 
Code  of  California  rel- 
ative to  the  officers  of 
a  county,  etc. 


Totals   135,303 


Yes. 
142,729 


No. 
246,818 


Initiative  Measure. 
Proposing  to  amend 
section  7  of  article 
XI  of  the  constitu- 
tion of  the  State  of 
California,  relating 
to  the  formation  of 
consolidated  city  and 
county  governments, 
etc. 
Yes.  No. 

174.076         280,465 


Initiative  Measure. 
An  act  to  prohibit  book- 
making  and  pool-selling, 
and  to  provide  for  the 
appointment  of  a  state 
racing  commission  to 
grant  licenses  for  horse 
racing,  etc. 


Totals, 


Yes. 
149,864 


No. 
353,070 


Initiative  Measure. 

Proposition  to  amend  ar- 
ticle XIII  of  the  con- 
stitution of  the  State  of 
California  by  the  adding 
of  a  new  section  to  said 
article,  to  be  designated 
and  numbered  as  section 
8  J  of  said  article,  relat- 
ing to  taxation  by  coun- 
ties, cities  and  counties, 
cities,  towns,  districts 
and  townships,  etc. 
Yes.  No. 

169,321  243,959 


3178 


IIILLYER'S   LEGAL   MANUAL 


TABLE   OF   MUNICIPAL  ELECTION   DATES  AND  COMMENCEMENT 

OF  OFFICIAL  TERMS. 


Name. 
Alameda. 
Berkeley. 
Eureka. . 
Fresno. .. 


Year, 
.odd 


Grass  Valley. 
Long  Beach. . 


Los  Angeles ^. 

Los  Angeles  pritnury. 

Marysville :  •  •  • . 

Modesto ■ 

Monterey 

Nevada  City 

Napa 

Oakland 

Palo  Alto 

Pasadena; 


Petaluma. 

Pomona 

Richmond 

Richmond  School. 
Riverside 


Sacramento. 


Salinas 

San   Bernardino. . . 

San  D'ego 

San  Diego  primary. 

San  Francisco 


San  Francisco  primary. 

San  .Jose 

San  Luis  Obispo.  ....... 

Santa  Barbara .". 

Santa  Clara 

Santa  Cruz 


Santa  Monica. 
San  Rafael. . . 
Santa  Rosa. . . 

Stockton 

Vallejo 

Watson  villa. . , 


Election. 

2d  Monday  in  April 

1st  and  4th  Saturdays  in  April.... odd 
.3d  Monday  in  June odd 

2d  Monday  in  April  (quadrennially) 

odd 

.  3d  Monday  in  May odd 

2d  Tuesday  in  November odd 

Secoird  election  3  weeks  later. 

1st  Tuesday  ia  June. odd 

1st  Tuesday  in  May odd 

.3d  Monday  in  March even 

.2d  and  4th  Tuesdays  in  April odd 

.2d  Monday  in  April odd 

.  1st  Monday  in  May ann. 

.Ist  Monday  in  May odd 

.  3d  Tuesday  in  Apl-il odd 

.2d  Monday  in  May .odd 

.  Ist  Thursday  in  April odd 

Primary  election  3  weeks  before. 
.2d  Tuesday  in  June odd 

1st  Monday  in  April odd 

2d  Monday  in  May odd 

1st  Saturday  in  May even 

..3d  Tuesday  in  November. . , odd 

'1st  Saturday  in  May  and ann. 

2d   Saturday  after  official  declara- 
tion of  canvass. 

.  1st  Monday  in  June ,...".....  odd 

.2d  Monday  in  April odd 

,  Tuesday  after  1st  Monday  in  April. odd 
,  2d    Tuesday    prec.   gen'l    municipal 

election. 
,  1st    Tuesday  after  1st    Monday  in 

November odd 

.Last  Tuesday  in  September odd 

,  3d  Monday  in  May even 

,  1st  Monday  in  April '. . .  .odd 

.1st  Tuesday  in  December odd 

..1st  Monday  in  April ann. 

.  Tuesday  after  Ist  Monday  in  May.  .odd 
and  second  Tuesday  thereafter. 

.1st  Tuesday  in  December odd 

,  2d  Morday  in  April odd 

,  1st  Tuesday  in  April even 

.1st  and  3d  Tuesdays  in  October,  .even 
.  1st  and  3d  Tuesdays  in  April. . .  . .'.  .odd 

.2d  Monday  in  May odd 


Official  Term  Begins.  Year. 

3d  Monday  in  April odd 

July  1 odd 

2d  Monday  in  July odd 

First  Monday  after  election odd 

2d  Monday  in  July odd 

1st  Monday  after  Jan.  1 even 

1st  Monday  in  July odd 

1st  Monday  in  April even 

1st  Monday  in  May odd 

1st  Monday  in  May odd 

Within    10  days  after  ejection. ..  .ann. 

1st  Monday  in  June .odd 

July  1...; odd 

July  1 odd 

1st  Monday  in  May odd 

1st  Monday  in  July odd 

1st  Monday  after  election odd 

July  1 ....odd 

July  1    even 

1st  Monday  in  January even 

July  1 ann. 


1st,  Monday  in  July odd 

2d  Monday  in  May. . , odd 

1st    Monday   in   May odd 


1st  Monday  after  Jan.  1 even 

1st  Monday  in  July even 

Mav  15 •  • odd 

I't  Monday  in  January even 

1st  Monday  in  July ann. 

1st  Monday  in  July odd 

1st  Mondav  in  January ; even 

Monday  after  election    odd 

3d  Tuesday  in  April    even 

Ist  Monday  in  January odd 

Tilly  1 odd 

Monday  succeedirg  election odJ 


SYNOPSIS  OF  ELECTION  LAWS. 

State  elections  must  be  held  on  the  first  Tuesday  after  the  first 
Monday  in  November  in  even-numbered  years.     (Pol.  C.  1041.) 

Governor  must  issue  election  proclamation  at  least  30  days  before 
a  general  election  and  10  days  before  a  special  election.     (Pol.  C.  1053.) 

Board  of  Supervisors  must  publish  and  post  Governor's  proclamation 
at  least  10  days  before  general  or  special  election.     (Pol.  C.  1055.) 

Board  of  Supervisors  may  publish  and  post  proclamation  for  special 
election  to  fill  vacancv  in  legislature  for  not  more  than  5  days.  (Pol. 
C.  1055.) 

Board  of  Supervisors  must  when  a  special  election  is  called  by  them 
issue  proclamation  and  publish  and  post  in  same  manner  as  proclama- 
tions by  Governor.     (Pol.  C.  1056.) 

Executive  committee  of  political  party  must  protest  appointment  of 
election  commissioners  in  San  Francisco,  Avithin  10  days  after  appoint- 
ment.    (Pol.  C.  1075.) 


ELECTION   LAWS.  1179 

Election  commissioners  and  secretary  must  qualify  within  15  days 
after  appointment.     (Pol.  C.  1076.) 

Naturalization  must  be  completed  90  days  before  election.  (Pol.  C. 
1083.) 

Voter  must  reside  in  county  90  days  and  precinct  30  days  before 
election.     (Pol.  C.  1083.) 

New  registration  begins  on  January  1  in  each  even-numbered  year. 
(Pol.  C.  1094.) 

Registration  closes  30  days  before  election.     (Pol.  C.  1094.) 

Old  registration  may  be  used  for  municipal  and  special  elections  held 
between  January  1  and  April  1  in  even-numbered  years.  (Pol.  C. 
1094.) 

District  registration  must  be  permitted  in  San  Francisco  for  5  days 
immediately  preceding  the  close  of  registration  for  September  primary. 
(Pol.  C.  1094.) 

Citation  may  issue  to  voter  in  San  Francisco  to  correct  former  place 
of  residence  in  former  registrations  within  10  days.     (Pol.  C.  1094.) 

Voter  residing  in  lodgings  may  be  cited  to  verify  his  vote  on  5  days' 
notice.     (Pol.  C.  1094.) 

Certified  copy  of  challenge  lists  of  voters  registered  from  lodgings 
must  be  mailed  to  inspectors  at  least  3  days  before  election.  (Pol.  C. 
1094.) 

Naturalized  citizen  need  not  produce  papers  nor  make  affidavit  of 
loss  if  he  has  registered  in  same  county  within  8  years.     (Pol.  C.  1097.) 

Registration  affidavits  must  be  preserved  at  least  5  years.  (Pol.  C. 
1103.) 

County  clerk  must  examine  records  of  courts  and  ascertain  persons 
whose  registration  must  be  canceled  by  reason  of  commission  of  crime, 
in  the  first  week  of  September.     (Pol.  C.  1106.) 

County  clerk  must  furnish  registrars  of  voters  with  list  of  convic- 
tions before  1st  day  of  September  and  registrar  must  cancel  registra- 
tions in  first  week  in  September.     (Pol.  C.  1106a.) 

Clerk  must  bind  affidavits  of  registration  within  5  days  after  close 
of  registration.     (Pol.  C.  1113.) 

Clerk  must  index  register  within  5  days  thereafter.     (Pol.  C.  1115.) 

Clerk  must  deliver  duplicate  book  of  affidavits  and  5  copies  of 
index  to  precinct  board  before  the  day  of  election.     (Pol.  C.  1116.) 

Registration  for  municipal  or  special  elections  shall  be  in  progress 
at  all  times  except  during  the  30  days  immediately  preceding.  (Pol.  C. 
1120.) 

Board  of  Supervisors  or  Election  Commissioners  must  appoint  elec- 
tion board  and  designate  polling  places  25  days  before  election.  (Pol. 
C.  1131.) 

Names  of  election  boards  must  be  published  for  two  successive  issues, 
the  last  publication  to  be  1  week  before  election.     (Pol.  C.  1142.) 

Polls  must  be  kept  open  from  6  A.  M.  to  7  P.  M.     (Pol.  C.  1160.) 

Certificates  of  nomination  required  to  be  filed  with  the  Secretary  of 
State  must  be  filed  not  more  than  60  nor  less  than  35  days  before 
election.     (Pol.  C.  1192.) 


1180  HILLYER^S   LEGAL   MANUAL. 

Certificate  of  nomination  required  to  be  filed  with  county  clerk  or 
city  clerk  must  be  filed  not  more  than  50  nor  less  than  20  days  before 
election.     (Pol.  C.  1192.) 

Certificates  of  nomination  must  be  preserved  for  2  years.  (Pol.  C. 
1191.) 

Arguments  upon  proposed  constitutional  amendments  must  be  for- 
warded to  Secretary  of  State  within  1  year  after  adjournment  of  legis- 
lature.    (Pol.  C.  1195.) 

Secretary  of  State  certifies  propositions  to  be  submitted  to  county 
clerks  not  less  than  25  days  before  next  ensuing  election.  (Pol.  C. 
1195.) 

Secretary  of  State  furnishes  county  clerks  with  printed  copies  of 
amendments,  statements  and  propositions  for  mailing,  at  least  30  days 
before  election.     (Pol.  C.  1195.) 

County  clerks  mail  proposed  amendments  and  propositions  and  state- 
ments to  voters  at  the  same  time  as  sample  ballots.     (Pol.  C.  1195.) 

Request  to  Secretary  to  prepare  a  ballot  title  for  constitutional 
amendment  or  proposition  to  be  submitted  must  be  filed  with  Secretary 
of  State  130  days  before  the  election.     (Pol.  C.  1197.) 

Secretary  of  State  to  transmit  copy  of  proposed  amendment  or  prop- 
osition to  Attorney  General  forthwith.     (Pol.  C.  1197.) 

Attorney  General  provides  and  returns  ballot  title  to  Secretary  of 
State  within  10  days.     (Pol.  C.  1197.) 

Secretary  of  State  to  give  notice  of  preparation  and  copy  of  ballot 
title  to  persons  who  have  requested  its  preparation  immediately  on 
receipt  thereof  from  the  Attorney  General.     (Pol.  C.  1197.) 

Objections  to  ballot  title  must  be  filed  with  Secretary  of  State  within 
10  days  after  mailing  of  notice  and  copy  of  ballot  title  by  the  Secre- 
tary of  State.     (Pol.  C.  1197.) 

Secretary  of  State  must  forthwith  file  copy  of  question,  ballot  title 
and  objections  with  Board  of  Title  Commissioners.     (Pol.  C.  1197.) 

Board  of  Title  Commissioners  fixes  hearing,  notifies  parties,  holds 
hearing,  prepares  title,  and  certifies  it  to  Secretary  of  State,  all  within 
10  days  from  receipt  of  the  objections  by  them.     (Pol.  C.  1197.) 

County  clerk  destroys  unused  ballots  in  his  possession  immediately 
upon  arrival  of  hour  for  closing  polls  on  day  of  election  and  files  his 
affidavit  thereof  forthwith.     (Pol.  C.  1199.) 

No  person  shall  occupy  an  election  booth  longer  than  10  minutes. 
(Pol.  C.  1207.) 

Mailing  sample  ballots  must  commence  10  days  and  be  completed 
5  days  before  election.     (Pol.  C.  1210.) 

Persons  entitled  to  vote  are  entitled  to  two  hours  without  deduction 
of  pay.     (Pol.  C.  1212.) 

Judges  of  election  must  canvass  the  vote  immediately  upon  closing 
of  the  polls.     (Pol.  C.  1252.) 

Election  Board  must  post  result  of  votes  cast  before  it  adjourns. 
(Pol.  C.  1261.) 

Election  Board  must  immediately  transmit  unsealed  to  the  County 
Clerk  copy  of  result.     (Pol.  C.  1261.) 


ELECTION   LAWS.  1181 

County  Clerk  or  registrar  must  keep  one  list  of  voters  and  tally  list 
and  attached  list  open  to  inspection  for  six  months.     (Pol.  C.  1262.) 

Rosters  of  Voters  must  be  kept  by  County  Clerk  or  registrar  of  voters 
for  1  year.     (Pol.  C.  1264.) 

County  Clerk  must  keep  ballots  for  1  year.     (Pol.  C.  1265.) 

Board  of  Supervisors  must  meet  to  canvass  returns  on  first  Monday 
after  election.     (Pol.  C.  1278.) 

Canvass  must  proceed  from  day  to  day  and  not  less  than  6  hours  each 
day  until  completed.     (Pol.  C.  1281.) 

County  Clerks  must  make  out  and  deliver  certificates  of  election 
immediately.     (Pol.  C.  1284.) 

County  Clerks  must  transmit  district  returns  to  County  Clerk  of 
county  first  in  alphabetical  list  of  counties  in  district  immediately. 
(Pol.  C.  1286.) 

Clerk  to  whom  district  returns  are  forwarded  must  compile  returns, 
make  out  and  transmit  certificate  of  election  and  forward  statement 
to  Secretary  of  State  on  the  20th  day  after  election  or  sooner  if  all  the 
returns  are  in.     (Pol.  C.  1287.) 

County  Clerk  must  make  out  statement  of  vote  for  State  officers, 
judicial  officers  other  than  Justices,  members  of  State  Board  of  Equal- 
ization, legislature,  constitutional  amendments  and  propositions  to  be 
voted  on  by  the  State  at  large,  and  transmit  to  Secretary  of  State 
immediately.     (Pol.  C.  1289.) 

Secretary  of  State  must  make  out  statement  and  estimate  of  vote  and 
file  with  Governor  immediately.     (Pol.  C.  1290.) 

Governor  must  issue  commissions  immediately  after  receipt  of  state- 
ment.    (Pol.  C.  1292.) 

Secretary  of  State  must  make  out  abstracts  of  vote  for  Governor 
and  Lieutenant  Governor  and  immediately  mail  one  to  the  speaker-elect 
and  deliver  the  other  to  a  member  elect  of  the  legislature  or  hold- 
over senator.     (Pol.  C.  1294,  1295.) 

The  person  to  whom  the  abstract  is  delivered  must  deliver  it  to  the 
speaker  on  the  second  day  after  his  election.     (Pol.  C.  1295.) 

The  legislature  must  canvass  the  vote  for  Governor  and  Lieutenant- 
Governor  and  declare  the  result  during  the  first  week  of  the  session. 
(PoL  C.  1296.) 

County  Clerk  must  make  certified  abstract  of  vote  for  presidential 
electors  as  soon  as  the  statement  of  the  vote  for  his  county  is  entered 
on  the  records  of  the  board  of  supervisors.     (Pol.  C.  1308.) 

The  County  Clerk  must  transmit  the  abstract  of  presidential  returns 
to  the  Secretary  of  State  without  delay.     (Pol.  C.  1309.) 

The  Secretary  of  State  must  estimate  the  vote  and  certify  the 
result  to  the  Governor  on  the  last  Monday  of  the  month  in  which  the 
election  is  held.     (Pol.  C.  1313.) 

The  Governor  must  upon  receipt  of  the  certificate  of  the  Secretary 
of  State  transmit  to  him  certificates  of  election  to  the  presidential 
election.     (Pol.  C.  1314.) 

The  Governor  must  deliver  to  the  electors  a  list  of  the  names  of  the 
electors  before  the  day  of  their  meeting.     (Pol.  C.  1314.) 


1182 

The  presidential  electors  meet  at  Sacramento  on  the  second  Monday 
in  January  next  following  their  election  at  2  P.  M.     (Pol.  C.  1315.) 

Representatives  in  Congress  are  elected  in  the  even-numbered  years. 
(Pol.  C.  1344.) 

The  County  Clerk  makes  abstract  of  vote  for  representative  and 
transmits  it  without  delay  to  the  Secretary  of  State.  (Pol.  C.  1344, 
1345.) 

On  the  60th  day  after  election  or  sooner  if  the  returns  from  all  the 
counties  of  any  Congressional  district  are  in,  the  Secretary  of  State 
estimates  the  vote  and  certifies  the  result  to  the  Governor.  (Pol.  C. 
1346.) 

The  Governor  transmits  certificate  of  election  to  representatives  on 
receipt  of  the  certificate  of  the  Secretary  of  State.     (Pol.  C.  1347.) 

Candidates  voted  for  must  file  statement  of  election  expenses  within 
15  days  after  day  of  election.     (Stats.  1913,  p.  596.) 

Treasurer  of  campaign  committee  must  file  statement  within  15  days 
after  day  of  election.     (Stats.  1907,  p.  671,  §  2.) 

Claims  payable  by  a  campaign  committee  must  be  presented  within 
10  days  after  return  of  election  and  must  be  paid  within  15  days  after 
completion  of  the  official  canvass.     (Stats.  1907,  p.  671,  §4.) 

Claims  payable  by  a  candidate  must  be  presented  within  10  days  after 
day  of  election  and  paid  within  12  days  after  day  of  election.  (Stats. 
1907,  p.  671,  §  4.) 

Instructions  in  use  of  voting  machines  must  be  given  and  notice 
of  place  of  instruction  published  at  least  20  days  before  the  day  of 
election.     (Stats.  1913,  p.  691.) 

Petition  of  new  party  for  leave  to  participate  in  primary  election 
must  be  filed  with  the  Secretary  of  State  on  or  before  the  50th  day 
before  such  primary  election.     (Stats.  1913,  p.  1381.) 

August  primary  is  held  on  the  last  Tuesday  in  Augfust.  (Stats.  1913, 
p.  1382.) 

Primaries  other  than  the  August  primary  or  May  presidential 
primary  are  held  on  the  Tuesday  3  weeks  next  preceding  the  election 
for  which  the  primarj^  is  held.     (Stats.  1913,  p.  1382.) 

County  Clerks  and  registrars  of  voters  transmit  statement  of  regis- 
tration to  Secretary  of  State  on  the  1st  Monday  in  February,  the 
Monday  50  days  before  the  1st  Tuesday  in  May,  1st  Monday  in  June 
and  the  Monday  50  days  before  the  last  Tuesday  in  August,  in  even- 
numbered  years.     (Stats.  1913,  p.  1382.) 

Secretary  of  State  sends  county  clerks  and  registrars  notice  of  the 
offices  for  which  candidates  are  to  be  nominated  and  the  political 
parties  qualified  to  participate  therein  at  least  40  days  before  the 
August  primary  in  even-numbered  years.     (Stats.  1913,  p.  1382.) 

County  clerks  and  registrars  publish  so  much  of  Secretary  of  State 's 
notice  as  may  be  applicable  to  their  county,  and  statement  of  number 
of  members  of  county  committee  for  each  party  within  10  days  from 
receipt  of  notice  from  Secretary  of  State  and  make  publication  once 
in  each  week  for  two  successive  weeks.     (Stats.  1913,  p.  1382.) 


ELECTION   LAWS.  1183 

In  August  primary  elections  in  odd-numbered  years  for  city  or  city 
and  county  officers,  city  clerks  or  secretaries  of  legislative  body,  or 
registrars  of  voters  publish  notice  of  election  once  in  each  week  for  2 
successive  weeks,  the  last  publication  to  be  not  more  than  40  nor  less 
than  14  days  before  such  primary  election.     (Stats.  1913,  p.  1383.) 

In  primary  elections  other  than  August  primary  city  clerks  or  secre- 
taries publish  notice  1  time  not  more  than  40  and  not  less  than  14  days 
before  the  primary.     (Stats.  1913,  p.  1383.) 

Nomination  papers  must  be  filed  40  days  before  August  primary  or 
May  presidential  primary  and  20  days  before  any  other  primary. 
(Stats.  1913,  p.  1383.) 

Appointment  of  verification  deputies  must  be  filed  by  candidate  when 
petition  is  left  for  examination  by  county  clerk.     (Stats.  1913,  p.  1383.) 

Verification  deputies  may  obtain  signatures  not  more  than  70  nor 
less  than  40  days  before  August  primary  or  May  presidential  primary, 
(Stats.  1913,  p.  1386.) 

Verification  deputies  may  obtain  signatures  not  more  than  40  nor  less 
than  20  days  before  primaries  other  than  August  and  May  presidential. 
(Stats.  1913,  p.  1386.) 

Nomination  papers  required  to  be  filed  with  Secretary  of  State  must 
be  left  with  county  clerk  for  examination  40  days  before  August 
primary  or  May  presidential  primary.     (Stats.  1913,  p.  1389.) 

County  clerks  and  registrars  forward  papers  to  Secretary  of  State 
5  days  after  they  are  left  for  examination.     (Stats.  1913,  p.  1389.) 

Candidate  must  file  statement  at  least  35  days  before  August  or  May 
presidential  primary.     (Stats.  1913,  p.  1389.) 

Secretary  of  State  apportions  fees  received  by  him  among  the  coun- 
ties entitled  thereto  within  10  days  after  primary  election.  (Stats. 
1913,  p.  1393.) 

Secretary  of  State  transmits  certified  nomination  list  to  county  clerks 
and  registrars  at  least  30  days  before  August  or  May  presidential 
primary.     (Stats.  1913,  p.  1393.) 

County  clerk  publishes  notice  once  each  week  for  2  weeks  prior  to 
election.     (Stats.  1913,  p.  1394.) 

County  clerk  or  registrar  prepares  sample  ballots  at  least  20  days 
and  mails  them  not  more  than  10  nor  less  than  5  days  before  election, 
(Stats.  1913,  p.  1400.) 

Sample  ballot  must  be  furnished  chairmen  of  county  committees  of 
participating  parties  and  posted  in  office  of  county  clerk  or  registrar 
forthwith.     (Stats.  1913,  p.  1400,) 

Polls  must  be  kept  open  from  6  A.  M.  to  7  P.  M.  (Stats.  1913, 
p.  1401.) 

Canvassing  boards  meet  on  1st  Thursday  after  primary,  (Stats. 
1913,  p,  1403.) 

Canvass  must  be  completed  not  later  than  6  P.  M.  on  the  16th  day 
following  the  primary.     (Stats.  1913,  p.  1403.) 

Statements  of  results  must  be  filed  and  mailed  immediately.  (Stats. 
1913,  p.  1403.) 


1184  hillyer's  legal  manual. 

Secretary  of  State  compiles  results  not  later  than  25  days  after 
primary.     (Stats.  1913,  p.  1404.) 

Secretary  of  State  certifies  names  of  candidates  to  county  clerks 
and  registrars  not  less  than  30  days  before  November  election.  (Stats, 
1913,  p.  1405.) 

State  conventions  meet  at  Sacramento  on  the  3d  Tuesday  in  Sep- 
tember in  even-numbered  years.     (Stats.  1913,  p.  1405.) 

State  conventions  make  platform  public  not  later  than  6  P.  M.  of 
Thursday  following.     (Stats.  1913,  p.  1405.) 

County  clerks  determine  the  number  of  county  central  committee 
men  between  the  1st  and  2d  Mondays  of  June  preceding  the  primary. 
(Stats.  1913,  p.  1405.) 

County  Central  Committees  organize  at  the  courthouse  on  the  2d 
Tuesday  in  September  following  the  primary.     (Stats.  1913,  p.  1406.) 

Person  entitled  to  withdraw  from  nomination  must  file  request  at 
least  30  days  before  election.     (Stats.  1913,  p.  1408.) 

Contest  of  primary  election  must  be  begun  within  5  days  after  com- 
pletion of  the  canvass.     (Stats.  1913,  p.  1409.) 

Contestant  must  mail  copy  of  affidavit  to  contestee  on  the  day  it  is 
filed.     (Stats.  1913,  p.  1409.) 

County  clerk  must  post  notice  of  contest  upon  the  filing  thereof. 
(Stats.  1913,  p.  1409.) 

County  clerk  must  present  affidavits  and  proof  of  posting  to  Superior 
Judge  within  2  days  after  expiration  of  time  for  contests.  (Stats. 
1913,  p.  1409.) 

Hearing  of  contest  must  be  fixed  for  not  less  than  1  nor  more  than 
3  days  after  presentation  by  county  clerk.     (Stats.  1913,  p.  1409.) 

POPULATION  OF  CALIFORNIA  BY  DECADES. 

From  Henry  K.  Norton's  "Story  of  California." 

San  Fran-  Los  An-                                     San  Sacra- 
State.  Cisco.  geles.  Oakland.               Diego.  mento. 

1780                         600*          46            

1790                        970            140            

1800                    1,200           315           

1810                    2,130           365           

1820                     3,270            615            

1830                    4,250  300  1,000*         • 

1840                    6,000t  280  1,800*          ■ 

1850                   92,579  34,000*  1,610            6,820 

1860                379,994  56,802  4,399  1,543                  731  13,785 

1870                 560,247  149,473  5,614  10,500*              2,300*  16,283 

1880                 864,694  233,959  11,183  34,555                2,637  21,400 

1890             1,208,130  298,997  50,395  48,682             16,159  26,386 

1900             1,485,053  342,782  102,479  66,960              17,700  29,282 

1910             2,377,549  416,912  319,198  150,174  39,578  44,696 

*Estimated. 
tEstimated  from  1841. 


POPXn^TION. 


1185 


POPULATION  OF  MINOR  CIVIL  DIVISIONS,  1910— 

CENSUS. 


[Township  means 

Alameda  County 246,131 

Alameda    township,    coextensive 

with  Alameda  city 23,383 

Brooklyn  township,  including 
ward   7   of   Oakland  city    and 

part  of  San  Leandro  city 49,140 

Oakland    city    in    Brooklyn    and 

Oakland  townships 150,174 

Eden  township,  including  Hay- 
ward   town     and   part   of    San 

Leandro  city 11,515 

Hayward   town    2,746 

Murray       township,       including 

Livermore  town 4,137 

Livermore  town 2,030 

Oakland  township,  including 
Albany,  Berkeley,  and  Pied- 
mont cities  and  Emeryville 
town,  and  wards  1  to  6  of  Oak- 
land city  147,199 

Albany  city 808 

Berkeley  city 40,434 

Emeryville  town 2,613 

Piedmont  city    1,719 

Pleasanton     township,    including 

Pleasanton  town   2,883 

Pleasanton  town 1,254 

Washington   township    7,874 

309 

309 


Alpine  County, 
Township  1 


Amador  County 9,086 

Township   1,   Jackson,   including 

Jackson  city 3,226 

Jackson  city 2,035 

Township  2,  lone    1,551 

Township  3,  Volcano   1,064 

Township  4,  Sutter  Creek 2,047 

Township  5,  Plymouth    1,198 

Butte  County 27,301 

Bidwell  township 587 

Chico  township,  including  Chico 

city  11,775 

Chico  city 3,750 

Concow  township    961 

Dayton  township 739 

Gridley       township,        including 

Gridley  city   2,081 

Gridley  city   987 

Hamilton      township,      including 

Biggs  city 1,837 

Biggs  city 403 

Honcut  township 471 

Humboldt  township   119 

Kimshew  township 1,927 

Mountain   Spring  township 256 

Nelson  township   178 

75 


judicial  township.] 

Ophir    township,    including   Oro- 

ville  city 

Oroville  city 

Oregon  township 

Oro  township   

Wyandotte  township   

Calaveras  County 

Township  1,  San  Andreas 

Township  2,  Mokelumne 

Township  3,  Murphys    

Township  4,  Angels   

Township  5,  Jenny  Lind    

Colusa  County 

Arbuckle  township 

Colusa        township,        including 

Colusa  town   

Colusa  town   

Grand  Island  township   

Maxwell  township 

Princeton  township 

Stony  Ford  township 

Williams  township   

Contra   Costa  County 

Township      1,      including      Mar- 
tinez town 

Martinez   town    

Township  2 

Township  3 

Township  4 

Township  5,    including    Concord 

town   

Concord  town 

Township  6,  including  Black  Dia- 
mond town   

Black  Diamond  town 

Township  7   

Township   8,   including    Antioch 

town   

Antioch  town 

Township  9 

Township  10 

Township  11,  including  Hercules 

and  Pinole  towns 

Hercules  town   

Pinole  town    

Township  12 

Township  13 

Township  14 

Township  15,    coextensive    with 

Kichmond  city 

Del  Norte  County 

Crescent      township,      including 

Crescent  City 

Crescent  City 

Klamath  township    

Smith  Eiver  township 


4,979 

3,859 

526 

222 

643 

9,171 
1,120 
1,713 
1,077 
3,370 
1,891 

7,732 
1,249 

2,518 
1,582 
684 
864 
601 
353 
1,463 

31,674 

3,072 
2,115 
873 
1,330 
1,146 

2,250 
703 

3,626 
2,372 
1,432 

2,229 
1,124 
2,075 
1,379 

1,776 
279 
798 

2,402 
449 
833 

6,802 
2,417 

1,688 

1,114 

347 

382 


1186 


HILLYER^S   LEGAL   MANUAL. 


El  Dorado  County 7,492 

Coloma  township 367 

Cosumnes  township 417 

Diamond  Springs  township 708 

Georgetown  township 599 

Greenwood  township 373 

Kelsey  township   226 

Lake  Valley  township 169 

Mountain   township    406 

Mud  Springs  township   840 

Placerville    township,    including 

Placerville  city   2,775 

Placerville  city   1,914 

Salmon  Falls  township   217 

White  Oak  township   395 

Fresno  County 75,657 

Township  1 1,388 

Township   2    4,799 

Township    3,    including    Fresno 

city 32,402 

Fresno  city 24,892 

Township     4    includiug    Fowler 

town 5,873 

Fowler  town 675 

Township     5,     including     Selma 

town 4,843 

Selma  town 1,750 

Township   6,   including   Coalinga 

city 7,851 

Coalinga  city   4,199 

Township  7  4,271 

Township  8 3,344 

Township  9  including  Kingsburg 

city   2,396 

Kingsburg  city 634 

Township  10  1,661 

Township  11 2,641 

Township  12 660 

Township  13  2,035 

Township  14 1,493 

Glenn  County 7,172 

Township  1 665 

Township     2,     including    Orland 

town   1,571 

Orland  town 836 

Township  3   445 

Township    4,    including   Willows 

town   2,984 

Willows  town 1,139 

Township  5  743 

Township  6  224 

Township  7 540 

Humboldt  County 33,857 

Briceland  township 308 

Bucksport  township    1,034 

Eureka        township,        including 

Eureka  city    13,763 

Eureka  city   11,845 

Hydesville   township    3,006 

Klamath  township    758 


Mad    River    township,   including 

Blue  Lake  town 1,111 

Blue  Lake  town 607 

Mattole  township 507 

Orleans   township    265 

Pacific  township,  including  Fern- 
dale  town    3,135 

Ferndale  town  905 

Rohnerville    township,   including 

Fortuna    town    2,600 

Fortuna  town 883 

South  Fork  township 464 

Table  Bluff  township 900 

Trinidad  township   1,502 

Union    township,    including    Ar- 
eata town   3,473 

Areata  town 1,121 

Van    Duzen    township 439 

Hoopa    Valley    Indian    Reserva- 
tion   592 

Imperial  County  13,591 

Brawley       township,       including 

Brawley  city   2,218 

Brawley  city    881 

Calexico       township,      including 

Calexico  city 1,887 

Calexico  city   797 

El  Centro  township,  including  El 

Centro  city   2,500 

El  Centro  city 1,610 

Hanlon        township,        including 

Yuma  Indian  Reservation,...  1,000 

Yuma  Indian  Reservation..  669 
Holtville      township,      including 

Holtville  city 2,073 

Holtville  city 729 

Imperial  township,  including  Im- 
perial city 2,369 

Imperial  city   1,257 

Laguna  township 212 

Old   Beach   township 489 

Palo  Verde  township 63 

Picacho  township    396 

Silsbee  township 384 

Inyo    County 6,974 

Township     1,     including    Bishop 

city 2,856 

Bishop  city 1,190 

Township  2 900 

Township  3  701 

Township  4 1,338 

Township  5   1,179 

Kern  County 37,715 

Township  1 743 

Township  2,  including  Tehachapi 

town 1,310 

Tehachapi  town 385 

Township     3 2,756 

Township     4    1,026 

Township     5    1,097 


POPULATION. 


1187 


Township  6,  including  Bakers- 
field    city    16,451 

Bakersfield  city 12,727 

Township     7 206 

Township     8 253 

Township     9 498 

Township  10 3,150 

Township  11 2,000 

Township  12 1,952 

Township  13  1,397 

Township  14 424 

Township  15 1,972 

Township  16 2,480 

Kings  County 16,230 

Armona  township   2,177 

Corcoran  township    1,003 

Lemoore  township  including  Le- 

moore  city 3,852 

Lemoore  city   1,000 

Lucerne       township,       including 

Hanf ord  city   9,198 

Hanf ord  city 4,829 

Lake  County 5,526 

Township  1 889 

Township  2 820 

Township  3 1,134 

Township  4,  including  Lakeport 

town   . .  . .' 1,465 

Lakeport  town 870 

Township  5 1,218 

Lassen  County 4,802 

Township  1,  including  Susanville 

town 982 

Susanville  town 688 

Township  2  625 

Township  3 1,256 

Township  4 1,016 

Township  5  923 

Los  Angeles  County 504,131 

Antelope  township   1,047 

Azusa  township,  including  Azusa 

city 4,154 

Azusa  city 1,477 

Ballona  township,  including  In- 
glewood      and      Ocean      Park 

cities 7,249 

Inglewood  city 1,536 

Ocean  Park  city 3,119 

Belvedere  township 2,621 

Burbank  township,  including 
Glendale  city  and  part  of  as- 
sembly    district     67     of     Los 

Angeles  city 12,255 

Glendale  city  2,746 

Los    Angeles    city    in    Bur- 
bank,  Cahuenga,  and  Los 

Angeles  townships    319,198 

Cahuenga  township,  including 
part  of  assembly  district  74  of 

Los  Angeles  city 7,432 


Los  Angeles  city  (part  of)  . .  5,765 

Calabasas  township   492 

Catalina  township 670 

Chatsworth  Park  township 299 

Compton      township,      including 

Compton  city  3,388 

Compton  city 922 

Downey  township  3,277 

El    Monte    township,    including 

Monrovia  city   4,648 

Monrovia  city   3,576 

Fairmont  township 932 

Gardena  township 3,552 

Lankershim   township    848 

Lexington  township 1,886 

Long  Beach  township,  including 

Long  Beach  city 20,616 

Long  Beach  city 17,809 

Los  Angeles  township,  including 
assembly  districts  69  to  73, 
and  75  and  parts  of  assembly 
districts    67    and    74    of    Los 

Angeles  city 313,104 

Los    Nietos    township,   including 

Whittier    city    7,819 

Whittier  city 4,550 

Malibu  township,  including  Saw- 

telle  city  6,282 

Sawtelle  city   2,143 

Norwalk  township    2,484 

Pasadena  township,  including 
Arcadia,  Pasadena,  and  Sierra 

Madre  cities 36,195 

Arcadia  city 696 

Pasadena  city 30,291 

Sierra  Madre  city 1,303 

Puente  township  1,030 

Redondo  township,  including 
Hermosa   Beach   and   Redondo 

Beach  cities  5,016 

Hermosa  Beach  city 679 

Redondo  Beach  city 2,935 

Rowland      township,      including 

Covina  city 3,476 

Covina  city 1,652 

San  Antonio  township,  including 
Huntington  Park,  Vernon,  and 

Watts  cities  13,573 

Huntington  Park  city 1,299 

Vernon  city   772 

Watts  city    1,922 

San  Fernando  township 2,134 

San  Gabriel  township,  including 

Alhambra  city 8,550 

Alhambra  city 5,021 

San  Jose  township,  including 
Claremont,      Lordsburg,      and 

Pomona   cities    14,719 

Claremont  city 1,114 

Lordsburg  city 954 

Pomona  city 10,207 


1188 


HILLYER  S   LEGAL    MANUAL. 


Santa  Monica  township,  coex- 
tensive   with     Santa    Monica 

city 7,847 

Santa  Monica  city 7,847 

Soledad  township 1,887 

South  Pasadena  township,  coex- 
tensive  with   South   Pasadena 

city 4,649 

Madera  County 8,368 

Township  2 779 

Township    3,    including    Madera 

city 4,320 

Madera  city 2,404 

Township  4 2,148 

Township  5 1,121 

Marin  County   25,114 

Bolinas  township 548 

Nicasio  township 479 

Novato  township 911 

Point  Eeyes  township 465 

San  Antonio  township 310 

San  Eafael  township,  including 
Larkspur,  Ross,  and  San  An- 
selmo   towns,   and  San  Rafael 

city 13,180 

Larkspur  town 594 

Ross  town 556 

San  Anselmo  town 1,531 

San  Rafael  city 5,934 

Sausalito  township,  including 
Belvedere,    Mill    Valley,    and 

Sausalito  towns 8,137 

Belvedere  town   481 

Mill  Valley  town 2,551 

Sausalito  town 2,383 

Tomales  township 1,084 

Mariposa  Counly 3,956 

Township   1,   including  Hornitos 

town  622 

Hornitos  town 160 

Township  2 779 

Tjownship  3 630 

Township  4 654 

Township  5 1,271 

Mendocino  County   23,929 

Anderson  township 1,166 

Arena  township,  including  Point 

Arena  city    1,753 

Point  Arena  city 497 

Big  River  township 3,531 

Cuffey  Cove  township 862 

Little  Lake  township,  including 

Willits  town 2,947 

Willits  town 1,153 

Long  Valley  township 704 

Potter  Valley  township,  includ- 
ing Potter  Valley  town 694 

Potter  Valley  town 576 

Round  Valley  township 918 

Sanel  township 752 


Tenmile  River  township,  includ- 
ing Fort  Bragg  city 3,798 

Fort  Bra^g  city 2,408 

Ukiah  township,  including  Ukiah 

city 5,141 

Ukiah  city 2,136 

Westport  township 1,047 

Round    Valley    Indian    Reserva- 
tion    616 

Merced  County 15,148 

Township  1  568 

Township    2,    including    Merced 

city 5,503 

Merced  city   3,102 

Township  3,  including  Los  Banos 

city    1,869 

Los  Banos  city 745 

Township  4 669 

Township  5 2,838 

Township  6 2,366 

Township  7 1,335 

Modoc  County 6,191 

Adin  township 332 

Alturas   township,  including  Al- 

turas  town    2,070 

Alturas  town   916 

Bidwell  township 605 

Canby  township 239 

Cedarville  township   985 

Dewey  township    472 

Goose   Lake   township 709 

Lake  City  township 462 

Lookout  township 317 

Mono  County 2,042 

Antelope  township    288 

Benton  township 364 

Bodie  township   698 

Bridgeport  township 312 

Homer  township   244 

Masonic  township 136 

Monterey  County 24,146 

Alisal   township,   including   Sali- 
nas city 5,076 

Salinas  city 3,736 

Bradley  township    442 

Castroville  township    1,442 

Cholame  township 485 

Gonzales  township    1,305 

King  City  township 1,563 

Monterey     township,     including 

Monterey  city   6,833 

Monterey  city   4,823 

Pacific    Grove    township,    coex- 
tensive    with     Pacific     Grove 

city    2,384 

Pacific  Grove   city 2,384 

Pajaro   township    1,765 

Peachtree  township    478 

San  Antonio  township 814 

San  Ardo  township 365 

Soledad  township   1,194 


POPULATION. 


1189 


Napa  County  19,800 

Hot  Springs  township,  including 

Calistoga   town    1,344 

Calistoga   town    751 

Knox  township    560 

Napa   township,  including  Napa 

city 12,047 

Napa  city   5,791 

St.    Helena    township,    including 

St.  Helena  town 3,057 

St.    Helena    town 1,603 

Yount   township    2,792 

Nevada  County 14,955 

Bloomfield  township  . 412 

Bridgeport  township    543 

Eureka   township    283 

Grass  Valley  township,  including 

Grass  Valley  city 6,251 

Grass  Valley  city 4,520 

Little  York  township 170 

Meadow  Lake  township 2,308 

Nevada       township,       including 

Nevada  City 3,958 

Nevada  City 2,689 

Rough  and  Ready  township 747 

Washington  township 283 

Orange  County   34,436 

Anaheim      township,      including 

Anaheim  town   4,051 

Anaheim  town 2,628 

Buena  Park  township 1,441 

Fullerton      township,      including 

Fullerton  citv    4,984 

Fullerton  city 1,725 

Huntington  Beach  township,  in- 
cluding     Huntington      Beach. 

city 1,058 

Huntington  Beach  city 815 

Los    Alamitos    township 499 

Orange        township,        including 

Orange  city 5,430 

Orange   city    2,920 

San   Juan   township 967 

Santa    Ana    township,    including 
Newport  Beach  and  Santa  Ana 

cities    11,501 

Newport  Beach  city 445 

Santa  Ana  city 8,429 

Westminster  township 4,028 

Yorba  township 477 

Placer  County   18,237 

Township  1,  including  Roseville 

city 3,316 

Roseville   city    2,608 

Township   2    1,171 

Township    3,    including    Auburn 

city 4,136 

Auburn  city   2,376 

Township  4 886 

Township  5 563 


Township   6    265 

Township  7  . 187 

Township  8 192 

Township  9,     including    Bocklin 

town 1,969 

Rocklin  town   1,026 

Township   10,   including  Lincoln 

town   1,726 

Lincoln  town   1,402 

Township  11  502 

Township  12 249 

Township    13,    including    Colfax 

city 1,063 

Colfax  city  621 

Township  14 2,012 

Plumas  County 5,259 

Beckwourth  township    1,315 

Goodwin  township 294 

Indian  township   1,233 

Mineral  township   437 

Plumas  township 884 

Quartz  township   750 

Seneca  township   346 

Riverside  County   34,696 

Beaumont  township   1,113 

Bergman  township   326 

Diamond  township   *  380 

Elsinore  township,  including  El- 

sinore   city    960 

Elsinore  city 488 

Hemet        township,        including 

Hemet  city 2,392 

Hemet  city 992 

Highgrove   township    1,187 

Indio  township 899 

Moreno   township    523 

Murrieta  township   765 

Palo    Verde   township 557 

Perris   township    1,454 

Riverside     township,     including 

Riverside  city 15,718 

Riverside  city   15,212 

San  Gorgonio  township 1,387 

San  Jacinto  township,  including 

San  Jacinto  city 1,267 

San  Jacinto  city 898 

Temescal      township,      including 

Corona   city    4,374 

Corona   city    3,540 

Thermal   township    632 

West  Riverside  township 762 

Sacramento  County 67,806 

Alabama  township   598 

American   township    169 

Brighton  township   2,505 

Center  township    451 

Cosumnes   township    262 

Dry   Creek  township 906 

Franklin  township 2,545 

Georgiana  township  1,675 


1190 


HILLYER'S  LEGAL   MANUAL. 


Granite  township    2,506 

Lee  township   438 

Mississippi  township   1,225 

Natoma  township   208 

Eiverside   township    1,780 

Sacramento  city    44,696 

San   Joaquin   township 2,236 

Sutter   township    5,607 

San  Benito  County 8,041 

HoUister      township,      including 

Hollister  town  4,390 

Hollister    town    2,308 

Panoche  township 635 

San  Benito  Township 822 

San    Juan    township,    including 

San  Juan  town 1,398 

San  Juan  town 326 

Tres  Pinos  township 796 

San  Bernardino  County 56,706 

Barstow  township 1,066 

Belleville   township    374 

Calzona  township 97 

Chino  township,  including  Chino 

city 2,862 

Chino    city    1,444 

Colton   township,   including   Col- 
ton  city 4,556 

Colton  city  3,980 

Cucamonga    township    2,340 

Dale  township   41 

Hart  township  40 

Hesperia  township   92 

Highland   township    3,820 

Kelso  township   136 

Ludlow  township 255 

Mission  township .  1,811 

Needles  township   3,067 

Ontario       township,       including 

Ontario  city   4,639 

Ontario  city 4,274 

Oro   Grande  township 280 

Kedlands      township,      including 

Eedlands   city    11,448 

Eedlands   city    10,449 

Rialto  township 1,538 

San  Bernardino  township,  includ- 
ing San  Bernardino  city 14,648 

San  Bernardino   city 12,779 

Silver  Lake  township 135 

Upland  township,  including  Up- 
land city   2,554 

Upland  city    2,384 

Vanderbilt  township 149 

Victor  township    580 

Yermo  township    178 

San  Diego  County 61,665 

Alpine  township   412 

Bonsall  township 236 

Campo  township    639 

Coronado      township,     including 

Coronado  city   1,482 


Coronado  city 1,477 

Dehesa  township 160 

Del  Mar  township 536 

El  Cajon  township 1,070 

Encinitas  township 555 

Escondido     township,     including 

Escondido  city 3,437 

Escondido    city    1,334 

Fallbrook  township   816 

Jamul  township 418 

Julian   township    608 

Lakeside  township   728 

Lemon  Grove  township 826 

Mesa  Grande  township 485 

Mission  township    2,411 

National  township,  including  Na- 
tional City   2,998 

National  City 1,733 

Otay   township    1,206 

Pala  township   354 

Palomar  township 134 

Ramona,  township    849 

San  Diego  township,  coextensive 

with  San  Diego  city 39,578 

San  Diego  city 39,578 

San  Luis  Rey  township,  includ- 
ing Oceanside  city 1,450 

Oceanside  city 673 

Valley  Center  township 277 

San  Francisco  County 416,912 

San   Francisco    city,   coextensive 

with  San  Francisc-o  county.  .  .416,912 

San  Joaquin  County 50,731 

Castoria  township 2,048 

Dent  township   1,985 

Douglas  township   1,405 

Elkhorn       township,       including 

Lodi  city 5,985 

Lodi   city    2,697 

Elliott  township    1,545 

Liberty  township    1,224 

O'Neal  township   9,116 

Stockton    township,    coextensive 

with  Stockton  city 23,253 

Tulare  township 3,321 

Union  township 849 

San  Luis  Obispo  County. . .  .  19,383 

Arroyo   Grande  township 3,646 

Cholame  township 419 

Morro   township    2,255 

Nipomo  township   1,348 

Paso  Robles  township,  including 

Paso  Robles  city.  . 2,382 

Paso  Robles  city 1,441 

Pozo  township   354 

Salinas  township 877 

San    Luis    Obispo    township,    in- 
cluding San  Luis  Obispo  city.  5,326 

San  Luis  Obispo  city 5,157 

San   Miguel  township 830 


POPULATION. 


1191 


San   Simeon  township 1,028 

Santa   Margarita   township 918 

San  Mateo  County 26,585 

Township  1,  including  South  San 

Francisco  city   9,173 

South  San  Francisco  city.  . .  1,989 
Township    2,    including    Burlin- 
game    town    and    San    Mateo 

city 8,659 

Burlingame   town    1,565 

San  Mateo  city 4,384 

Township   3,  including  Redwood 

city 5,814 

Eedwood  city 2,442 

Township  4 1,923 

Township  5 1,016 

Santa  Barbara  County 27,738 

Township  1 2,477 

Township    2,     coextensive    with 

Santa  Barbara  city 11,659 

Township  3  1,895 

Township  4 1,388 

Township    5    including    Lompoc 

town 2,984 

Lompoc  town 1,482 

Township  6 1,164 

Township     7,     including     Santa 

Maria   city    3,370 

Santa  Maria  city 2,260 

Township     8 850 

Township     9 895 

Township  10 1,056 

Santa  Clara  County 83,539 

Almaden  township   755 

Alviso      township,      coextensive 

with  Alviso  town 402 

Alviso  town   402 

Burnett       township,       including 

Morgan  Hill  town 2,250 

Morgan  Hill  town 607 

Campbell  township 1,992 

Fremont      township,       including 

Mountain  View  town 3,267 

Mountain  View  town 1,161 

Gilroy    township,    including    Gil- 

roy  city 5,039 

Gilroy  city   2,437 

Mavfield      township,      including 

Mayfield  town 2,224 

Mayfield  town   1,041 

Milpitas  township 1,684 

Palo  Alto  township,  coextensive 

with  Palo  Alto  city 4,486 

Redwood  township,  including  Los 

Gatos  town  4,299 

Los  Gatos  town 2,232 

San     Jose     township,     including 
East  San  Jose  town  and  San 

Jose  city  43,767 

East  San  Jose  town 1,661 


San  Jose  city   28,946 

Santa  Clara  township,  including 

Santa   Clara   town    9,759 

Santa  Clara  town 4,348 

Saratoga  township   1,756 

Sunnyvale  township  1,859 

Santa  Cruz  County 26,140 

Aptos  township   961 

Boulder  Creek  township,  includ- 
ing Boulder  Creek  town 1,015 

Boulder  Creek  town 544 

Felton  township    1,104 

Branciforte   township,   including 
ward  7  and  part  of  ward  6  of 

Santa  Cruz  city 4,064 

Santa  Cruz  city  in   Branciforte 

and   Santa   Cruz  townships...  11,146 
Santa   Cruz   township,   including 
wards  1  to  5,  and  part  of  ward 

6  of  Santa  Cruz  city 9,457 

Soquel  township 1,781 

Watsonville  township,  including 

Watsonville  city   7,758 

Watsonville  city   4,446 

Shasta  County 18,920 

Township  1,  Shasta   539 

Township   2,   Redding,   including 

Redding  city   3,972 

Redding  city 3,572 

Township  3,  Keswick,  including 

Coram  town   1,437 

Coram  town    666 

Township  4,  Igo 710 

Township  5,  Harrison  Gulch  ....  383 

Township  6,  Anderson 1,80] 

Township  7,  Shingletown 782 

Township  8,  Millville 679 

Township  9,  Round  Mountain  .  .  .  815 

Township  10,  Burney  Vallev 843 

Township  11,  Fall  River  ..\ 881 

Township  12,  Buckeye 1.479 

Township  13,  Sacramento  River.  .  1,078 

Township  14,  French  Gulch 735 

Township  15,  Delta    2,786 

Sierra  County 4,098 

Butte  township 385 

Downieville  township 751 

Forest  township 725 

Sierra  No.  1  township 585 

Sierra  No.  2  township,  including 

Loyalton    town    1,261 

Loyalton  town   983 

Table  Rock  township 391 

Siskiyou   County 18,801 

Butte  township,  including  Sisson 

town 1,188 

Sisson  town    636 

Callahan  township 510 

Edgewood  township  2,267 


1192 


HILLYER'S   LEGAL   MANUAL. 


Etna   township,    including   Etna 

town 1,009 

Etna  town 518 

Greenview  township 602 

Happy  Camp  township   377 

Lake  township,  including  Dorris 

town 2,131 

Dorris  town    214 

Liberty  township 708 

Mott  township,  including  Duns- 

muir  town 2,071 

Dunsmuir  town   1,719 

Mountain  township 957 

Oak  Bar  township 278 

Scott  River  township 389 

Scott  Valley  township,  including 

Fort  Jones  town 798 

Fort  Jones  town 316 

Somes  Bar  township 248 

Squaw  Valley  township 2,061 

Table  Eock  township,  including 

Montague  town 651 

Montague  town 274 

Yreka  township,  including  Yreka 

town 2,556 

Yreka  town    1,134 

Solano    County    27,559 

Benicia    township,  including  Be- 

nicia  city 2,739 

Benicia  city   2,360 

Denverton  township 260 

Elmira  township  494 

Green  Valley  township 960 

Maine  Prairie  township 205 

Montezuma  township 481 

Rio    Vista     township,    including 

Rio  Vista  town 1,628 

Rio  Vista  town   884 

Silveyville    township,    including 

Dixon   town    1,853 

Dixon  town    827 

Suisun  township,  including  Fair- 
field and  Suisun  City  towns.  .  3,423 

Fairfield  town   834 

Suisun  City  town   641 

Tremont  township 373 

Vacaville      township,     including 

Vacaville  town  3,005 

Vacaville  town 1,177 

Vallejo        township,        including 

Vallejo   city    12,138 

Vallejo  city   11,340 

Sonoma  County 48,394 

Analy  township,  including  Sebas- 

topol  town    5,681 

Sebastopol  town    1,233 

Bodega  township 1,553 

Cloverdale    township,     including 

Cloverdale  town    1,733 

Cloverdale  town    823 


Glen  Ellen  township 1,765 

Knights  Valley  township 398 

Mendocino    township,    including 

Healdsburg  city    4,576 

Healdsburg  city    2,011 

Ocean  township  842 

Petaluma     township,     including 

Petaluma  city    8,787 

Petaluma  city   5,880 

Redwood  township   950 

Russian  River  township 1,699 

Salt  Point   township    865 

Santa   Rosa   township,   including 

Santa  Rosa  city 13,560 

Santa  Rosa  city 7,817 

Sonoma       township,       including 

Sonoma  town   2,765 

Sonoma  town   957 

Vallejo  township 2,071 

Washington   township    1,149 

Stanislaus  County 22,522 

La  Grange  township    552 

Modesto       township,       including 

Modesto  city   7,258 

Modesto  city    4,034 

Newman      township,      including 

N  ewman  town 2,885 

Newman  town   892 

Oakdale       township,       including 

Oakdale   city    2,455 

Oakdale  city 1,035 

Turlock  township,  including  Tur- 

lock  city 8,189 

•  Turlock  city  1,573 

Waterford  township 1,183 

Sutter  County   6,328 

Butte  township   883 

Nicolaus   township    905 

Sutter  township 1,501 

Vernon   township    1,192 

Yuba   township,  including   Yuba 

City  town    1,847 

Yuba  City  town    1,160 

Tehama  County 11,401 

Corning       township,       including 

Corning  city 2,555 

Corning  city 972 

Cottonwood  township 439 

Paskenta  township   517 

Red    Bluflf    township,    including 

Red  Bluff  city  5,210 

Red   Bluff    city    3,530 

Sierra  township   1,126 

Tehama  township,  including  Te- 
hama town   851 

Tehama  town   221 

Vina  township 703 

Trinity  County   3,301 

Hay  Fork  township   689 

Junction  City  township 606 


POPULATION. 


1193 


Mad  Eiver  township   422 

Trinity   Center   township    910 

Weaverville  township    674 

Tulare  County  36,440 

Alila  township  747 

Alpaugh    township    393 

Angiola  township    377 

Ducor  township   508 

Exeter  township   1,458 

Farmersville  township 1,050 

Kaweah  township,  including  Di- 

nuba  town 4,667 

Dinuba  town    970 

Lemon  Cove  township 949 

Lindsay       township,       including 

Lindsay  town 2,981 

Lindsay  town 1,814 

Orosi  township 2,246 

Piano    township,  including  Tule 

Eiver  Indian  Reservation 1,638 

Tule  River  Indian  Reserva- 
tion    148 

Porterville  township,  coextensive 

with   Porterville   city    2,696 

Springfield   township    617 

Tipton  township 487 

Tulare    township,    including    Tu- 
lare City   4,819 

Tulare  city  2,758 

Tule  River  township   1,825 

Visalia    township,    including  Vi- 

salia  city 7,055 

Visalia  city 4,550 

White  River  township 362 

Woodville  township   565 

Tuolumne  County  9,979 

Township      1,    including    Sonora 

city   2,748 

Sonora  city 2,029 

Township  2    1^276 

Township  3    701 

Township  4    2  236 

Township  5    3^018 

Ventura  County 18,347 

Fillmore  township 2,138 


Ojai  township    1,100 

Oxnard  township,  including  Ox- 

nard   city    5,962 

Oxnard  city   2,555 

Santa  Paula  township,  including 

Santa  Paula  city 3,347 

Santa  Paula  city 2,216 

Simi  township   748 

Ventura       township,       including 

Ventura  city 5,052 

Ventura  city    2,945 

Yolo  County 13,926 

Blacks  township    421 

Cacheville  township   636 

Capay  township 855 

Clarksburg  township    895 

Cottonwood   township    528 

Dunnigan  township 333 

Grafton  township   770 

Guinda  township 543 

Putah  township 1,047 

Washington  township 1,785 

Winters       township,       including 

Winters  town 1,529 

Winters  town 910 

Woodland     township,     including 

Woodland  city 4,584 

Woodland  city 3,187 

Yuba  County   10,042 

East    Bear    River    township,  in- 
cluding Wheatland   town 936 

Wheatland  town   481 

Fosters  Bar  township    381 

Linda  township   805 

Long  Bar  township 416 

Marysville    township,    including 

Marysville  city 5,825 

Marysville  city   5,430 

New   York  township    370 

Northeast  township    100 

Parks  Bar  township 264 

Rose  Bar  township 321 

Slate  Range  township   333 

West  Bear  River  township 291 


1194 


HILLYER  S   LEGAL   MANUAL. 


Population  of  Incorporated  Places  1910, 1900  and  1890. 


OTT  Ok  town. 

Ooonty. 

ItlO 

1900 

1880 

OTT  0»  town. 

Coonty. 

1910 

1900 

1890 

Alameda 

'^ 

2,628 

1,124 

t>96 

1,121 

2,360 

40,434 

403 

1,190 

1,565 

797 

751 

3,760 

1,444 

1,114 
823 

4,1M 
•21 

3,960 

''^ 
703 
666 
972 

3,540 

827 
214 

1,610 

,Z 

1,334 

618 

11,845 

834 
905 
2,408 
316 
883 

876 
24,892 

2,746 

4,620 
987 
4,829 
2,746 
2,011 

729 

i;§? 

1,636 

870 

694 

l.COO 

1,402 
1,814 
2,030 

ni 
17,809 

954 

319,198 

745 

2,232 

983 

2,404 
2,115 
5,430 
1,041 
3,102 

2,551 

tfrt 

16,464 

11,165 

Montague  town 

Siskiyou 

2/4 
4.923 

607 
1,161 
6,791 
1,733 
2,689 

892 
445 

1,035 
150,171 

3,119 

673 
4,274 
2,920 

836 
3,869 

4,486 
30,291 
1,441 

6,880 

i;n9 

798 
1,914 
1,254 

497 
10,207 
2,696 

576 
3,530 

3,672 
10,449 
2,935 
2,442 

6,802 

884 

l.'i,212 

1,026 

2,608 

556 

44,090 
1,603 
3,736 
1,531 

12,7T9 

39,578 

416,912 

898 

28,946 

326 

3,471 
5,157 
4,384 

V^ 

11,659 
4,348 

11,146 
2,200 
7.847 

2,216 
7,817 
2,383 
2,143 
1,233 

1,750 

1,303 

036 

957 

2,029 

\:Ul 

23,253 

688 

2,758 

1,573 
2,136 
2,384 
1,177 
11,340 

2,945 
772 
4,550 
4,446 
1,922 

481 
4,550 
1,153 
1,139 

910 
3,187 
1,134 
1,160 

•*jJ'P*'*',';"y 

Alameda 

Los  Angeles 

Modoc 

MonSey 

Santa  Clara 

Santa  Clara 

Napa 

1.748 

1.602 

ASracV.v.'.::::::::::::::: 

Altuns  town 

Alvlsotown 

Santa  Clara 

Najjaclty 

3:250 

4,395 

SS^nSf.^::::: 

Los  Angeles 

674 

636 

National  City 

San  Diego 

l^ 

Newman  town 

Stanislaus 

ArcadlAclty 

2,060 
863 

4,8^6 

434 

2,751 

13,214 

1,595 

ssxre'cur'"'" 

Orange 

Stanislaus 

66,960 

48,682 

2.628 

Ocean  Park  city 

Los  Angeles 

San  Diego 

San  Bernardino.. 

?M^t'^:::::::::::::::::: 

5S;::::;;::::;: 

330 

722 

Solano 

Alameda 

2,36i 
5,101 

Oniario  city 

683 

BlKSclly 

Orlandtown 

OrovUlecity 

Glenn  !!!!!!!!!!! 

Butte 

iSS^D'^onutoi^;::::::::::: 

^iJ^"f:::::;: 

Blue  Lake  town 

Pacific  Grove  city 

Monterey 

Santa  Clara 

San  Luis  Obfapo! 

f^rSa!!!!!!!!! 

1,411 

9;ii7 

1,224 
3,871 

1  336 

E**"  *"" 'Jl'y 

4,882 

San  Mateo 

Imperial 

gx- 

Petalumaclty 

Pie<lmont  city 

Calexicoclty 

CallstORS  town 

690' 

3,692' 

Chlnoclty 

San  Bernardino.. 

iSlr'."::;::: 



Pinole  town 

Placervillecity 

Pleasanton  town 

Contra  Costa 

Eldorado 

Alameda 

Mendocino 

Los  Angeles 

■"i;748' 
1,100 

■■■■i;696 

Cloverdale  to»Ti 

760 

763 

^^^::::::::::::::-:- 

Plaoer 

Sanllemardlno.. 



Pomona  city 

6,626 

3,634 

Coltoncity 

1,285 
1,441 

1,315 
1,336 

Ml^nd^lni!!!!!!! 
Tehama. 

563 
2,750 

2,940 

-4,797 

855 

1,653 

_  J 

Red  Blufl  city 

2,608 

Comptonclty 

Concord  town 

Los -Angeles 

Contra  Costa 

'Redding  city 

1,821 
1,904 

Coming  city 

Tehama. 

San  Diego'.'.!'!;!] 
Los  Angeles 

?:l^''.'!!::!!!:!! 

1,434 
935 

Redondo  Beach  city 

Redwood  city 

Richmond  city 

Los  Angeles 

San  Mateo 

Contra  Costa 

603 
1,672 

coronJdoJity":::::::!!::::::::: 

1,050 

648 

■   4,6S3 

i;066 

Riverside 

CreacemCity 

699 

907 

R  i  verside  ci  ty 

Dlnubatown 

783 

1,082 

Marin 

^fa'^r^.'"!!!:!: 

Dorrlstown 

Donsmulr  town 

Siskiyou 

SUklyou 

St.  Helena  town"!!!!!!!!!!!!!!!!! 

29,282 
1,5S2 

26,386 
1,705 

El  Centra  city 

Imperial 

Riverside 

279 

1,016 

755 

600 

7,327 

San  Anselmo  town 

San  Bernardino  city 

Jlr-rv.!!!!!! 

San  Bernardino. . 

San  Diego 

San  Francisco 

Riverside 

Santa  Clara 

San  Benito 

Alameda 

San  Luis  Obispo. 
San  Mateo.... ^. 

3,304 

■■■•6;i56' 

17,700 

342,782 

583 

21,500 

449 

2,253 
3,021 
1,832 
3,879 
4,933 

6,587 

5;  659 

2,339 

■    •ioii 

ISS^i&wi:::::::::;::::::; 

228 

541 

271 

4,858 

16, 159 

298,997 

'601 

Escondldoctty 

ISkiyiT;!!!!!!! 

Etna  town... 

Humboldt 

Solano 

Feradale  town 

Humboldt 

Mendocino 

Siskiyou 

816 

1,590 

366 

763 
946 
266 

2,995 

Fort  Jona  toWi 

Humboldt 

Fresno 

I^SftSicU^- 

'""3:296 
3;  028 

Santa  Barbara... 
Santa  Clara 

a^B^rkra-!!! 
Los  Angeles 

Ventura 

F^o!::;::!::!: 

12,470 

10,818 

5,864 
2,891 
5,506 

FuUertonclty 

Orange 

OUroTclty 

Santa  Clara 

Los  Angeles 

1,820 

1,694 

Glenijledity 

4,719 

sanu  Monica  city!!!!!!!!!!!!!!!! 

3.057 

1,580 

Oridley  city  .    .."'!!!!  .. 

bSIu.'"::-!! 

Santa  Paula  citv 

Hantord  cl& 

irinn 

2,929 
1,965 
1,869 

942 
1,419 
i;486 

iss^'u^ci?;; 

aKj;"!!!!!!' 

I^SSiio^city '! !!!""!"!: 

6,673 
1,628 

Sonoma 

Bausalito  town 

Marin 

1,334 

S^rc^ii!!!!! 
SSL-SIS'!!!!!! 

Imperial 

Loe  Angeles 

Jffinyf%Mtj 

iebaatopol  town 

Bennies  town 

1,083 

1,316 

— iiai 

Los  Angeles 

Siskiyou 

BoltTlUe  city 

Sissontown         

206 

» 

652 
1,922 

1,001 

757 

Tuolumne 

Loe  Angeles 

San  Mateo 

San  Joaquin 

Solano 

Oralis!:!!!!!!!!! 

South  Pasadena  city 

JS'pe*rir~!!!!!! 

623. 

taSSSSci^  .".."^."::::;::::' 

i 

i^ii^^iit^ 

Los  Angeles 

Amador    .     ... 

17,506 
625 

14,424 

499! 

I^!inihnrv  ritr 



Lake    

726' 

99i 

Kern .., 

LaruDurtown 



K^lnp 

Tulare 

2,216 

2  097 

1,061 

901 

Turlock  city ... . 

Stanislaus 

San  Bernardino.. 

Tulare 

1,493 

1,391 

1,850 

San  Joaquin 

Santa  Barbara... 
Los  Angeles 

Los  Angeles 

2,EIi 

1,016 
564 

1,220 
7,965 

2,470 

Long  Oeacb  city 

Vallejo  city 

6,343 

Ventura  city 

Ventura 

2,320 

Los  Angeles  city 

102,479 

60,395 

Vernon  city..... ^ 

Visaliaclty 

^a^^r'^-!!!'! 

3,085 
3.528 

492 

1,690 

791 

893 

785 
2,886 
1,254 

2,885 

s!SS.^'*™"!'! 

1,916 

1,652 

Santo  Crui 

Loa  Angeles 

Yuba 

Watts  city 

Maderaclty 

Madera 

Wheatland  town 

630 

MSXeitown.:;:;:::::;:;:;:::: 

1,380 
3,497 

l:T. 

Loa  Angeles 

Mendocino 

Willits  town 

815 

Marin 

Moreedclty 

1,969 

2,009 

Wlnt/>rs  town 

Yolo 

wSid"?y 

Yolo!!!"!!!"!!! 

Modestoclty       

Stanislaus 

Los  Angeles!!!!!! 

2,024 
1,205 

2,402 
907 

Yrcka  town 

Siskivou 

i;ioo 

Sutter.!!!::!!!: 

FEDERAL   GOVERNMENT. 


1195 


FEDERAL  GOVERNMENT. 

President    \^  OODROW  WILSON,  of  New  Jersey* Salary,  $75,000. 

Vice-President..  THOMAS  EILEY  MARSHALL,  of  Indiana.  .Salary,  $12,000. 

THE  CABINET. 

Arranged  in  the  order  of  succession  for  the  Presidency  declared  by  Chapter  4,  Acts 
of  49th  Congress,  1st  Session,  and  subsequent  acts. 


Secretary    of    State — ^William    Jennings 
Bryan,  of  Nebraska. 

Secretary     of     the     Treasury — ^William 
Gibbs  McAdoo,  of  New  York. 

Secretary   of   War — Lindley   M.    Garri- 
son, of  New  Jersey. 

Attorney  General — James      Clark      Mc- 
Eeynolds,  of  Tennessee, 

Postmaster  Geteral  —  Albert        Sidney 
Burleson,  of  Texas. 

The  salaries  of  the  Cabinet  officers 


Secretary  of  the  Navy — Josephus  Dan- 
iels, of  North  Carolina. 

Secretary  of  Interior — Franklin  Knight 
Lane,   of   California. 

Secretary  of  Agriculture — David  Frank- 
lin Houston,  of  Missouri. 

Secretary     of     Commerce — William     C. 
Redfield,   of  New  York. 

Secretary    of    Labor — William    Bauchop 
Wilson,  of  Pennsylvania, 
are  $12,000  each. 


Counselor — John    Bassett    Moore, 

N.  Y $7,500 

Assistant       Secretary — John       E. 

Osborne,    Wyo 5,000 

Second     Assistant     Secretary — A. 

A.  Adee,  D.  C 4,500 

Third  Assistant  Secretary — Dud- 
ley Field  Malone,  N.  Y 4,500 

Dir.  Consular  Service.  .Wilbur  J. 

Carr,  N.  Y 4,500 

Chief    Clerk—Ben    G.    Davis,    D. 

C 3,000 

Solicitor— Joseph  W.  Folk,  Mo.  5,000 
Assistant      Solicitor  —  Frederick 

Van  Dyne,  N.  Y 3,000 

Assistant      Solicitor — Lester      H. 

Woolsey,   N.   Y 3,000 

Assistant      Solicitor — Edwin      M. 

Borchard,  N.  Y 3,000 

Foreign    Trade    Adviser — Rrobert 

F.    Rose,    Mont 4,500 

Foreign   Trade    Adviser — Wm.   B. 

Fleming,  Ky $4,500 


THE  DEPARTMENTS. 
State  Department. 

Chf.     Div. 


Latin-American     Af- 
fairs—Boaz  W.  Long,  N.  M...  4,500 

Ch.    Div.   Far    Eastern    Affairs — 

Ransford  S.  Miller,  N.  Y 4,500 

Ch.   Div.  Near  Eastern  Affairs — 
Albert   H.    Putney,   111 3,000 

Ch.    Diplomatic    Bureau — S.    Y, 

Smith,  D.  C 2,250 

Ch.  Consular  Bureau — Herbert  C. 
Hengstlsr,  0 2,250 

Ch.    Indexes     &     Archives — ^John 

R,   Buck,  Me 2,100 

Ch.     Bureau     Accounts — William 
McNeir,    Mich 2,300 

Ch.   Bureau   Rolls  and  Library — 

John  A.   Tonner,  0 2,100 

Ch.  Bureau  Appointments — M.  M. 

Shand,  N.  J 2,100 

Ch.  Bureau  of  Citizenship — Rich- 
ard W.  Flournoy,  Jr.,  Md 2,100 

Ch.  Div.  of  Information — John  H. 
James,  0 3,000 


Treasury  Department. 


Assistant      Secretary — Chas.      S. 

Hamlin,   Mass $5,000 

Assistant  Secretary — John  S.  Will- 


Assistant      Secretary — Byron      R. 

Newton,  N.  Y 5,000 

Chief     Clerk— Jas     L.     Wilmeth, 

Ark 4,000 


Chief    Appointment   Div. — Jas,    E, 
Harper,  S.  C $3,000 

Ch.   Bookkeeping   Div. — Chaa.   H. 

Miller,   Mass 3,500 

Chief  Public  Moneys  Div. — E.  B. 
Daskam,   Ct 3,000 

Chief  Customs  Div.— F.  M.  Hal- 
stead,    Or 4,000 


*Secretary  to  the  President,  Joseph  P.  Tumulty,  of  New  Jersey  ($7,500). 


1196 


hillyer's  legal  manual. 


Treasury  Department — Continued. 


Ch.    Loans    &    Cur.    Div.— A.    T. 

Huntington,    Mass $3,500 

Ch.  Stationery  &  Pr'g.  Div.— Fred 

F.  Weston,  la. ! 2,500 

Supt.  Mails— S.  M.  Gaines,  Ky. .  .  2,500 
Ch.    Revenue    Cutter    Service — E. 

P.  Bertholf,  N.  J 5,000 

Director  of  Mint — Geo.  E.  Rob- 
erts, la 5,000 

Government    Actuary — Joseph    S. 

McCoy,  N.  J 2,250 

Surgeon-General     Public     Health 

Service— Rupert  Blue,  S.  C 5,000 

Director  Bur.   Eng.   &  Printing — 

Jos.  E.  Ralph,  111 6,000 

Supervising        Architect  —  Oscar 

Wenderoth,  N.  Y , 6,000 

Compt.      of     Treasury — Geo.      E. 

Downey,  Ind 6,000 

Gen.    Supt.    Life-Saving    Ser. — S. 

I.  Kimball,  Me 4,500 

Auditor    for    Treasury — Will.    E. 

Andrews,  Neb 4,000 

Auditor  for   War   Dept. — Jas.   L. 

Baity,  Mo 4,000 

Auditor   for  Int.   Dept.— Robt.  W. 

Woolley,  Va 4,000 


Auditor  for  Navy  Dept. — Edward 

L.  Luckow,  Wis $4,000 

Auditor  for  State,  etc. — Edw.  D. 

Hearne,  Del 4,000 

Auditor  for  P.  O.  Dept.— Chas.  A. 

Kram,  Pa 5,000 

Treasurer  of  U.  S. — John  Burke, 

N.   Dak 8,000 

Assistant  Treasurer 3,600 

Register       Treasury  —  Gabe       E. 

Parker,  Okla 4,000 

Comp'r.   of   Currency .  .  .  .   6,000 

Commis.    Internal    Rev. — Wm,   H. 

Osborn,  N.  C 6,000 

Dep.    Com.    Internal    Rev. — Robt. 

Williams,  Jr.,  La 4,000 

Dep.  Com.  Internal  Rev. — Geo.  M. 

Fletcher,    La 3,600 

Solicitor        Internal        Rev. — Flet. 

Maddox,    Mont 5,000 

Solicitor     of     Treasury — Wm.     T. 

Thompson,  Neb 4,500 

Chief     Secret     Service — Wm.     J. 

Flynn,  N.  Y 4,000 

Chief   Div.   Special   Agts.— J.    W. 

Wheatley,    D.    C 4,500 


War  Department. 


Assistant      Secretary  —  Henry     S. 

Breckinridge,  Ky $5,000 

Assistant     Chief    Clerk — ^John     C. 

Scofield,  Ga 4,000 

Chief  of  Staff — ^Major-Gen.  Leon- 
ard Wood 8,000 

Chief    Clerk — Nathaniel     Hershler, 

111 2,000 

Adjt.-Gen. — Brig.-Gen.  George  An- 
drews     6,000 

Chief     Clerk— Alonzo     W.     Shunk, 

Pa 2,000 

Insp.-Gen. — Brig.-Gen.   E.   A.   Gar- 

lington    6,000 

Chief  Clerk— John  D.  Parker,  Va.   1,800 

Judge- Adv.-Gen. — Brig.-Gen.  Enoch 

H.    Crowder.. 6,000 

Chief  Clerk  and  Solicitor— L.  W. 
Call,  Kail 2,500 

Chief,      Quartermaster       Corps  — 

Major-Gen.  Jas,  A.  Aleshire.  . .  .   8,000 

Assistant    and   Chief    Clerk — ^^Chas. 

P.  Daly,  Kan 2,750 


Surgeon-Gen. — Brig.-Gen.    Geo.    H. 

Torney ^ 

Chief  aerk— John  Wilson,  N.  J.  . 
Ch.  of  Engineers — Brig.-Gen.  Wm. 

H.  Bixby  

Chief  Clerk — Phineas  J.  Dempsey, 

Va : 

Chief     of     Ordnance  —  Brig.-Gen. 

Wm.  Crozier   

Chief  Clerk— John  J.  Cook,  D.  C.  . 
Chief     Signal      Officer— Brig.-Gen. 

George  P.  Scriven 

Chief  Clerk— Herbert  S.  Flynn,  D. 

C 

Ch.  Bu.  In.  Aff.— Brig.-Gen.  Frank 

Mclntyre    

Chief    Clerk — Louis    V.    Carmaek, 

Ky 

Officer    Charge    Pub.    Bldgs.— Col. 

Wm.    W.    Harts 

Chief  Clerk— E.  F.  Concklin,  N.  Y. 
Landscape    Gardener  —  George    E. 

Burnap   


16,000 
2,250 

6,000 

2,250 

6,000 
2,000 

6,000 

2,000 

6,000 

2,250 

4,000 
2,400 

2,400 


Navy   Department. 


Assistant    Secretary — Franklin    D. 

Roosevelt    $5,000 

Chief  Clerk— Frank   S.   Curtis 3,000 

Pres.      General      Board  —  Admiral 

George  Dewey 13,500 


Chief  Yards  and  Docks— Civil  En- 
gineer, Homer  R.   Stanford $6,000 

Chief  Ordnance — Rear-Adm.  Na- 
than C.   Twinning    6,000 


FEDERAL   GOVERNMENT. 


1197 


Chief  Supplies  and  Accounts — Pay 
master-Gen.  T.  J.  Cowiet 


i,000 


Chief  Medicine  and  Surgery  — 
Ciias.  F.   Stokest 6,000 

Chief  Construction  and  Repair — 
Ch.  Constructor  Richard  M. 
Wattt   6,000 

Ch.  Navigation — Rear-Adm.  Victor 

Blue    6,000 

Ch.  Steam  Engineering  —  Rear- 
Adm.  Robert  S.  Griflan 6,000 

Judge-Adv.-Gen. — Capt.   Robert   L. 

Russell    5,000 


Navy  Department — Continued. 

Pres.    Naval   Exam.    Board — Rear- 

Admiral  Thomas  B.  Howard.  ..  .$8,000 

Pres.  Naval  Retiring  Board — Rear- 
Admiral  Thomas  B,  Howard.  . .  . 

Ch.  Intellig.  Office — Capt.  Thomas 

S.  Rodgers   5,000 

Supt.  Naval  Obs. — Capt.  Jos.  L. 
Jayne 5,000 

Director  Nautical  Almanac — Prof. 

M.   W.   S.   Eichelberger 4,500 

Hydrographer  —  Com.       Geo.       F. 

Cooper 4,000 

Comdt.  Marine  Corps — Maj.-Gen. 
W.  P.  Biddle 8,000 


Chief  Clerk — Merritt  O.  Chance, 
111 

Assistant    Chief    Clerk  —  Malcolm 

Kerlin,  N.  J 2,000 

First  Assistant  P.  M.  G. — ^Daniel 
C.    Roper,    S.   C 5,000 

Second  Assistant  P.  M.  G. — Joseph 
Stewart,    Mo 5,000 

Third    Assistant    P.    M.    G. — Alex. 

M.  Doekery,  Mo 5,000 

Fourth  Assistant  P.  M. — James  I. 

Blakslee,   Pa 5,000 

Dir,  Postal  Savings  System — Car- 
ter B.  Keene,  Me 5,000 

Asistant     Attorney-Gen,  —  William 

H.  Lamar,  Md 5,000 

Purchasing  Agent — James   A.   Ed- 

gerton,  N.  J $4,000 


Postoffice  Department, 

000 


Appointment     Clerk  —  George     S. 

Paull,  Ohio    2,000 

Supt.  Div.  of  Foreign  Mails — 
Robert  L.  Maddox,  Ky 3,000 

Supt.     Div.     of     Money     Orders — 

Charles  E.  Matthews,  Okla 3,500 

Supt.  Division  of  Postmasters' 
Appointments — Goodwin  D.  Ells- 
worth, N.  C 3,000 

Gen.  Supt.  Div.  of  Ry.  M.  S.— 
Alexander  H.  Stephens,  Cal. . .  .   4,000 

Supt.  Div.  of  Dead  Letters — Mar- 
vin  M.   McLean,   Tex 2,750 

Chief  Inspector — Joe  P.  Johnston, 
Mo 4,000 

Disbursing  Clerk — W.  M.  Mooney, 
Ohio    2,250 


Interior  Department. 

First     Assistant     Secretary  —  An- 

drieus  A.  Jones,  N.  Mex $5,000 

Assistant  Secretary — Lewis  C.  Lay- 

lin,   Ohio    4,500 

Chief     Clerk  —  James     I.     Parker, 

Ind 4,000 

Assistant     Atty.-Gen. — Preston     C. 

West,   Okla 5,000 


Commis.  Land  Office — Clay  Tall- 
man,  Nev 5,000 

Assistant     Commis.  —  Charles     M. 

Bruce,  Va 3,500 

Commis.     Pensions  —  Gaylord     M. 

Saltzgaber,  Ohio   5,000 

First  Deputy  Com.   of  Pensions — 

Edward  C.  Tieman,  Mo 3,600 

Commis.     Education — Phil'der     P. 

Claxton,  Tenn 5,000 

Chief  Clerk — Lewis  A.  Kalbach, 
Pa 2,000 


Com.     Ind.     Affairs  —  Cato     Sells, 

Tex $5,000 

Assistant  Commis. — Fred  H.  Ab- 
bott,   Neb 3,500 

Commis.   Patents — Thomas   Ewing, 

N.  Y 5,000 

First     Assistant    Commis. — Robert 

T.  Frazier,  Tenn 4,500 

Assistant  Commis. — Vacant 3,500 

Chief     Clerk     Patents  — Wm.     F. 

Woolard,    111 3,000 

Direc.    Geol.    Surv.  —  George    Otis 

Smith,  Me 6,000 

Chief    Clerk    Geol.    Survey — Henry 

C.    Rizer,    Kan 2,500 

Direc.  Reclamation  Service — F.  H. 

Newell,  Pa 7,500 

Direc.    Bureau   of   Mines— Jos.    A. 

Holmes,  N.  C 6,000 

Chief    Clerk  — Van    H.    Manning, 

Miss 3,600 


tRank  of  Rear-Admiral  while  holding  said  office. 


1198 


hillyer's  legal  manual. 


Depaxtment  of  Justice. 


Solicitor-Gen. — John      W.      Davis, 
W.  Va $10,000 

Assistant  ro  Atty.-Gen. — G^o.  Car- 
roll Todd,  N.  Y 7,000 

Assistant  Attorneys-General  — 
Jesse  C.  Adkins,  D.  C ;  Sam- 
uel H.  Thompson,  Col.;  Win- 
fred  T.  Denison,  N.  Y.;  Ernest 
Knaebel,  Col. ;  Samuel  J. 
Graham,  Pa.j  Preston  C.  West, 
Okla. ;  Wm.  H.  Lewis  and 
Charles  W.  Cobb 5,000 

Assistant-Atty-Gen.  P.  O.  Dept. — 

W.  H.  Lamar,  Md 5,000 

Solicitor  State  Dept. — Joseph  W. 

Folk,  Mo 5,000 


Solicitor    of    Internal    Revenue — 

Fletcher  Maddox,  Mont ^ 

Solicitor  Dept.  Commerce — Albert 

Lee  Thurman,  Ohio 

Sclicitor    of    the    Treasury — Wm. 

T.    Thompson,   Neb 

Chief  Clerk— O.  J.  Field,  Kan 

Appointment    Clerk — Charles    B. 

Sornborger,    Vt 

Atty.     for     Pardons — James     A. 

Finch,  N.  Y 

Disbursing       Clerk — James       H. 

Mackey,   Col 

Si.pt.    of    Prisons — Robt.    V.    La 

Dow,  N.   Y 

Solicitor  of  Dept.  of  Labor — John 

B.  Densmore,  Mont 


Department  of  Agriciilture. 


Assistant    Secretary  —  Beverly    T. 

Galloway,  Mo $5,000 

Chief    Clerk— Robt.    M.    Reese,    D. 

C 3,000 

Sclicitor— Francis  G.  Caffey,  N.  Y.  5,000 

Appointment  Clerk — R.  W.  Rob- 
erts, 111 2,000 

Chief    Weather    Bureau — Chas.    F. 

Marvin,    Ohio     6,000 

Chief    Bur.    Animal    Indust. — Dr. 

A.   D.   Melvin,   111 5,000 

Director      Experiment      Stations — 

A.  C.  True,  Ct 4,500 

Chief    Div.    Publications — Jos.    A. 

Arnold,  Ind 3,250 

Chief  Div.  Accounts — A.  Zappone, 

D.    C 4,000 

Chief  Bureau  Soils— Milton  Whit- 
ney, Md 4,000 

Chief     Forest     Service — Henry     S. 

Graves,  Ct 5,000 

Department 

Assistant  Secretary  —  Edwin  F. 
Sweet,    Mich $5,000 

Chief  Clerk — ^George  C.  Havenner 
D.  C 3,000 

Disbursing  Clerk — George  Johan- 
nes,   Ohio    3,000 

Commis.    Corporations — Joseph    E. 

Davies,   Wis 5,000 

Chief  Bureau  of  Foreign  and  Do- 
mestic Commerce — A.  H.  Bald- 
win, Ct 4,000 

Comm.  Lt.-H.  Bureau — G.  R.  Put- 
nam, la 5,000 

Director    Census — ^Wm.    J.    Harris, 

Ga 6,000 


Statistician — Leon    M.    Estabrook, 

Tex ^ 

Entomologist — L.    O.    Howard,    N. 

Y 

Chemist — Dr.      Carl     L.     Alsberg, 

Mass 

Chief  Bureau  Biological  Survey — 

Henry  W.  Henshaw,  Mass 

Direct.  Public  Roads— Prof.  L.  W. 

Page,  Mass 

Statistical  Scientist — G.  K.  Holmes, 

Mass 

Chief  Bureau  of  Plant  Industry — 

Wm,   A.   Taylor,   Mich. 

Librarian — Miss  C.  R,  Barnett,  N. 

Y 

Chief,  Office  of  Markets— Chas.  J. 

Brand,   111.. 

Chief,  Office  of  Information — Geo. 

W.  Wharton,  N.  Y 

of  Commerce. 

Sup.  Coast  &  Geod.  Survey — O.  H. 

Tittmann,  Mo ^ 

Sup.    Insp.-Gen,    Stbt.    Serv. — Geo. 

Uhler,  Pa 

Commissioner  Fisheries — Hugh   M. 

Smith,   D.  C 

Commis.  Navigation — E.  T.  Cham- 
berlain,   N.    Y 

Director    Bur,    Standards — S.    W. 

Stratton,    111 

Ch,     Div.     Appointments — G.     W. 

Leadley,   N,   Y 

Ch.  Div,  Supplies— W,  W,  Fowler. 
Ch.     Div,      Publications— Dan      C. 

Vaughan,  Ga 


5,000 

5,000 

5,000 
3,500 

2,000 

3,000 

2,750 

4,000 

5,000 

^4,000 

4,500 
5,000 
3,500 
4,000 
3,500 
5,000 
2,000 
3,600 
2,500 

56,000 

4,000 

6,000 

4,000 

6,000 

2,500 
2,100 

2.500 


FEDERAL   GOVERNMENT. 


1199 


Assistant  Secretary — Louis  F.  Post, 

111 $5,000 

Solicitor  —  John       B.       Densmore, 

Mont 5,000 

Chief       Clerk  —  Robert       Watson, 

Mass 3,000 

Disbursing  Clerk — George  G.  Box, 

N.  Y 3,000 

Commis.-Gen.        Immigration  —  A. 

Caminetti,   Cal 5,000 


Department  of  Labor. 

Commis.    Naturalization  —  Richard 

K.  Campbell,  Va $3,500 

Commis.    Labor    Statistics — Royal 

Meeker,  N.  J 5,000 

Ch.     Children's     Bureau — ^Julia   O. 

Lathrop,  111 5,000 

Ch.  Div.  Inform. — T.  V.  Powderly, 

Pa 3,500 


President  Civil  Service   Commis. — 

J.  A.  Mcllherny,  La $4,500 

Civil    Service    Commis. — Chas.    M. 

Galloway,   S.   C 4,000 

Civil     Service     Commis.  —  Herman 

W.   Craven,   Wash 4,000 

Chief  Examiner  Civ.   Ser. — George 

R.   Wales,  Vt 3,000 

Secretary    Civil    Service.  .John    T, 

Doyle,  N.  Y 2,500 


Public    Printer  —  Cornelius    Ford, 

N.  J $5,500 

Librarian    of    Congress  —  Herbert 

Putnam    6,500 

Assistant    Librarian — Appleton   P. 

C.  Griffin   4,000 

Director-General  Pan-American 

Union— John  Barrett,  D.  C 5,000 

Asst.       Director  —  Francisco       J. 

Yanes,  Venez 3,000 

Chief  Clerk— Franklin  Adams,  Cal.   2,500 


Interstate  Commerce  Commission. 


Edgar  E.  Clark,  Iowa,  Chairman.  .$10,000 

B.  H.  Meyer,  Wis 10,000 

Judson   C.   Clements,   Ga 10,000 

C.  C.  McCord,  Ky 10,000 


Charles  A.  Prouty,  Vt $10,000 

John  H.  Marble,  Cal 10,000 

James  S.  Harlan,  HI 10,000 

Secretary — Geo.  B.  McGinty,  Ga.     5,000 


Board  of  Indian  Commissioners. 

Warren  K.  Morehead,  Mass. 
Samuel  A.  Eliot,  Mass. 
Frank  Knox,  N.  H. 

Secretary  to  the  Board — F.   H.   Abbott, 
Edward  E.  Ayer,  111.  Washington,  D.  C. 

The  board  commissioned  directly  by  the  President  serves  without  salary. 


Chair. — Geo.  Vaux,  Jr.,  Pa. 
Daniel  Smiley,  N.  Y. 
Merrill  E.  Gates,  D.  C. 
William  D.  Walker,  N.  Y. 
Wm.  H.  Ketcham,  D.  C. 


UNITED  STATES  JUDGES  OF  THE  NINTH  JUDICIAL  CIRCUIT. 
Judges  of  the  United  States  Circuit  Court  of  Appeals. 


Hon.  Joseph  McKenna,  Circuit  Justice. 
Hon.  William  B.  Gilbert,  Circuit  Judge. 
Hon.  Erskine  M.  Ross,  Circuit  Judge. 

Judges  of  the  United 

Hon.     Cornelius     H.     Hanford,     District 

Judge. 
Hon.  Olin  Wellborn,  District  Judge. 
Hon.  John  J.  De  Haven,  District  Judge. 
Hon.     Charles     E.     Wolverton,     District 


Judge. 
Hon.     Edward 

Judge. 
Hon.  Frank  S. 


S.     Farrington,    District 
Dietrich,  District  Judge. 


Hon.  William  W.  Morrow,  Circuit  Judge. 
Hon.  William  H.  Hunt,  Circuit  Judge. 
Frank  D.  Monckton,  Clerk. 

States  District  Courts. 

Hon.  William    C.     Van    Fleet,    District 

Judge. 
Hon.  Robert  S.  Bean,  District  Judge, 
Hon.  Frank   H.   Rudkin,  District  Judge. 
Hon.     George     M.     Bourquin,     District 

Judge. 
Hon.     Edward     E.     Cushman,     District 

Judge. 


1200 


hillyer's  legal  manual. 


STATE  GOVERNMENT. 

LEGISLATIVE  DEPARTMENT. 

MEMBERS  OF  THE  SENATE— FORTIETH  SESSION.  1913. 


Name. 


Poll-     Dis- 
tics.     trict. 


Anderson,  John  N R.  39th . 

Avey,  J.  L.* R.  30th. 

Beban,  D.  J.* R.  24th. 

Benson,   Frank   H R.  27th . 

Birdsall,   E.   S R.  3d.., 

Boynton,    A.    E.* R.  28th 

Breed,  A.  H R.  15th. 

Brown,  William  E R.  37th . 

Bryant,  E.  F.* R.  20th. 

Butler,   Edwin  M R.  31st. 

Caminetti,  A.*    D.  10th. 

Campbell,    A.    E D.  17th. 

Carr,    William    J R.  36th. 

Cart  Wright,  George  W.* D.  26th. 

Cassidy,    John    J R.  22d . 

Cogswell,   Prescott  F R.  33d., 

Cohn,  P.  C D.  7th.. 

Curtin,    J.    B D.  12th. 

Finn,  Thomas  F R.  23d .  , 

Flint,  William  R R.  11th. 

Gates,  Lee  C* R.  34th, 

Gerdes,  Fred  C R.  21st. 

Grant,  Edwin  E D.  19th . 

Hans,  George  J.* R.  14th. 

Hewitt,   Leslie  R.* R.  38th . 

Jones,   Herbert   L R.  28th. 

Juilliard,  L.  W.* D.  8th.  . 

Kehoe,    William R.  1st.. 

Larkins,  R.  0.* R.  32d. . 

Lyon,  Henry  H R.  29th. 

Mott,  D.   W R.  25th. 

Owens,  James  C D.  9th.  . 

Regan,    D.    P.* R.  18th. 

Rush,  Benjamin  F R.  5th.  . 

Sanf  ord,  J.  B.* D.  4th .  . 

Shanahan,  T.  W.  H.* D.  2d .  . 

Strobridge,  Ed.  K R.  13th. 

Thompson,  Newton  W R.  35th. 

Tyrrell,  Edward  J.* R.  16th . 

Wright,  Leroy   A.* R.  40th . 


County.  Address. 

.  .Orange Santa  Ana 

.  .San  Bernardino Redlands 

.  .San  Francisco 1243  Broadway 

.  .Santa  Clara San  Jose 

.  .Placer   East  Auburn 

.  Butte Oroville 

.  .Alameda.  .3125  Webster  street,  Oakland 

.  .Los  Angeles 745  Whittier  street 

.  .San  Francisco   305  North  avenue 

.  .  Los  Angeles 5300  Figueroa  street 

.  .Amador Jackson 

.  .San  Luis  Obispo San  Luis  Obispo 

.  .Los  Angeles  Pasadena 

.  .Fresno Fresno 

..San  Francisco   ....135  Seventh  avenue 

.  Los  Angeles  El  Monte 

.  .Sacramento   Folsom 

.  .Tuolumne   Sonora 

.  San  Francisco 925  Howard  street 

.  .San  Benito Hollister 

.  Los  Angeles 201  New  High  street 

.  .San  Francisco 2273  Mission  St. 

..San  Francisco 2504  Clay  street 

.  .Alameda Fruitvale 

..Los  Angeles.  1212  South  Alvarado  street 

.  .Santa  Clara   San  Jose 

.  .Sonoma Santa  Rosa 

.  .  Humboldt    Eureka 

.  .Tulare    Visalia 

..Los  Angeles.  .  .826  East  Seventh  street 

.  .Ventura    Santa  Paula 

.  .Contra  Costa Richmond 

.  .San  Francisco 1213  Market  street 

.  .Solano   Suisun 

.  .Mendocino Ukiah 

,  .  Shasta Redding 

.  .Alameda Hayward 

.  .Los  Angeles Alhambra 

.  .Alameda.  .961  Kirkham  Street,  Oakland 
.  .  San  Diego  San  Diego 


MEMBERS  OF  THE  ASSEMBLY— FORTIETH   SESSION,    1913 

Alexander,  John  K D.       48th 

Ambrose,  Thomas  L R.       66th 

Bagby,   Henry   C D.       59th 


Beck,   George    D.  34th 

Benedict,  Henry  S R.  63d. 

Bloodgood,  F.  H R.  62d. 

Bohnett,   L.    D R.  44th . 

Bowman,  D.  D R.  43d . 

Bradford,   Hugh   B D.  15th. 

Brown,  Henry  Ward R.  42d. 

Bush,  William  B R.  26th . 

*Holdover. 


.  .Monterey    Salinas 

.  .Los  Angeles.  .1814  Pennsylvania  avenue 

..Santa  Barbara    Santa   Maria 

.  Alameda Livermore 

.  ,Los  Angeles 1739  Kingsley  drive 

.  Los  Angeles   Inglewood 

.  .Santa  Clara San  Jose 

.  .Santa  Cruz Ben  Lomond 

..Sacramento    Sacramento 

.  .San  Mateo    Colma 

,  .San  Francisco 33  Diamond  street 


STATE  GOVERNMENT. 


1201 


MEMBERS  OF  THE  ASSEMBLY— FORTIETH  SESSION,  1913— Continued. 

Poll-     Dis- 


Name.  tics. 

Byrnes,   Charles  W R. 

Canepa,  Victor  J R. 

Cary,  L.  B R. 

Chandler,    W.    F R. 

Clark,  William  C R. 

Clarke,  George  A ,  .  .R. 

Collins,  William  M R. 

Cram,  James  E R. 

Dower,  Will  A D. 

Ellis,  William  H R. 

Emmons,   Elijah   A R. 

Farwell,  Lyman    R. 

Ferguson,  Daniel    R. 

Finnegan,  George  B D. 

Fish,  Howard  J R. 

Fitzgerald,  George R. 

Ford,  John  J.,  Jr D. 

Gabbert,   Thomas   G R. 

Gates,  Egbert  J R. 

Gelder,  George R. 

Green,  A.  B R. 

Griffin,  J.  J D. 

Guiberson,   J.    W D. 

Guill,    John    H.,    Jr D. 

Hayes,  D.  R R. 

Hiukle,  E.  C R. 

Inman,  J.  M R. 

Johnson,  George  H R. 

Johnston,  T.  D R. 

Johnstone,  W.  A R. 

Judson,  Fred  E R. 

Killingsworth,  W.  S.,  Sr D. 

Kingsley,  C.   W S. 

Kuck,    Arthur    G R. 

Libby,  G.  W D. 

McCarthy,  William  C D. 

McDonald,  Walter  A R. 

Moorhouse,   H.   W R. 

Morgenstern,  Alfred   R. 

Mous€r,  Frank  H R. 

Murray,  J.  A R. 

Nelson,  H.  C R. 

Nolan,  Edward  J.  D R. 

Palmer,   James   M D. 

Peairs,    Howard    A R. 

Polsley,  Harry    D. 

Richardson,    I.    A D. 

Roberts,  W.  A R. 

Ryan,  James  J R. 

Schmitt,  Milton  L R. 

Scott,  William  S R. 

Shannon,    Arthur    L D. 

Shartel,  A.  F R. 

Shearer,  William  B D. 

Simpson,  William  E D. 

Slater,   H.    W D. 

76 


trict.         County.  Address. 

17th .  .  .Marin   San  Rafael 

33d.  .  ,  .San  Francisco 454  Union  street. 

52d Fresno Reedley 

oOth .  .  .  Fresno    Fresno 

37th.  .  .Alameda.  .53  Montecito  street,  Oakland 

47th .  .  .  Fnyo Bishop 

24th.  .  San  Francisco 268  Day  street 

58th... San  Bernardino Highland 

16th.  .  .Calaveras San  Andreas 

77th.  .  .Riverside Riverside 

71st.  .  .Los  Angeles 5863   Denver   avenue 

75th... Los  Angeles 2908  Figueroa  street 

38th.  .  .Alameda.  .  .  .65  Seventh  street,  Oakland 

9th.  . ,  .Nevada   Nevada  City 

67th.  .  .Los  Angeles   Pasadena 

39th.  .  .Alameda 1432  14th  street,  Oakland 

22d San  Francisco 801  Mendell  street 

60th .  . .  Ventura   Ventura 

69th.  .  .Los  Angeles South  Pasadena 

40th.  .  .Alameda Berkeley 

53d.  . .  .San  Luis  Obispo San  Luis  Obispo 

49th.  .  .Merced Merced 

54th.  .  .Kings Corcoran 

7th Butte Chico 

45th.  .  .Santa  Clara San  Jose 

79th.  .  .San  Diego San  Diego 

14th.  .  .Sacramento Sacramento 

57th.  .  .San  Bernardino San  Bernardino 

18th. .  .Contra  Costa Richmond 

68th. .  .Los  Angeles San  Dimas 

80th.  .  .San  Diego Escondido 

10th.  .  Solano Vacaville 

65th.  .  .  Los  Angeles 407  Daly  street 

72d.  . .  .Los  Angeles    .  . .  .2662  Vermont  avenue 

12th.  .  .Sonoma    Sebastopol 

25th.  .  .San  Francisco 2897  Folsom  street. 

21st.  . .  San  Francisco.  .  .  .503  Minnesota  street 

78th .  . .  Imperial Heber 

35th .  .  .Alameda   Alameda 

74th. .  .Los  Angeles 771  Maple  avenue 

8th  ...  Yolo ; Woodland 

2d ...  .  Humboldt    Eureka 

30th.  .  .San  Francisco 1338  McAllister  street 

11th.  .  .Napa    Napa 

73d.... Los  Angeles..  165  E.  Thirty-sixth  place 

5th Tehama  Red  Bluff 

29th.  .  .San  Francisco. 3634  Seventeenth  avenue 
61st.  . .  Los  Angeles.  .  .5327  Monte  Vista  street 
23d.  . .  .San  Francisco  .  . .  .3252  Harrison  street 
31st.  . .  San  Francisco  .  .460  Montgomery  street 

28th.  .  .San  Francisco 427  Ninth  avenue 

32d.  . .  San  Francisco  615  Post  street 

4th Modoc    Alturas 

1st Siskiyou Yreka 

56th.  .  .Kern Bakerstield 

13th.  .  .Sonoma Santa  Rosa 


1202  HILLYER^S  LEGAL    MANUAL. 

MEMBERS  OF  THE  ASSEMBLY— FORTIETH  SESSION,  1913— Continued. 

Poll-  Dis- 

Name.                                       tics,  trict.        County,                                Address. 

Smith,  Frank  M R.      .36th.  .  .Alameda 1929  24th  avenue,  Oakland 

.Strine,   John   H R.       70th .  .  .Los  Angeles   Downey 

Stuckenbruek,  J.  W D.       19th .  .  .San  Joaquin   Acampo 

Sutherland,  W.  A R.       51st.  .  .Fresno Fresno 

Tulloch,  David  W D.       46th.  .  .Stanislaus   Oakdale 

Wall,  W.  C D.       20th.  .  .San  Joaquin    Stockton 

Walsh,  Edward  P D.       27th.  .  .San  Francisco 19  Beulah  street 

Weisel,    Hans    V R.       76th . .  .Orange Anaheim 

Weldon,  T.  J D.       6th Mendocino    Ukiah 

White,   C.   William R.       3d Trinity    Weaverville 

Woodley,  Frank  E R.       64th.  .  .Los  Angeles 470  Hartford  avenue 

Wyllie,  G.  W .R.       55th.  .  .Tulare  ^. Dinuba 

Young,  C.  C R.       41st.  .  .Alameda Berkeley 

CONGRESSMEN. 

Name.  District.  Address. 

John  E.  Raker 1st Alturas,  Modoc  County,  Cal. 

William  Kent   2d Kentfield,  Marin  County,  Cal. 

C.  F.  Curry 3d 1515  I  street,  Sacramento,  Cal. 

Julius  Kahn   4th 2712  Webster  street,  San  Francisco,  Cal. 

John  L  Nolan    5th 1402   Guerrero   street,  San  Francisco,  Cal. 

Joseph  R.  Knowland 6th 1543  Everett  street,  Alameda,  Cal. 

Denver  S.  Church 7th 1338  N  street,  Fresno,  Cal. 

Everis  A.  Hayes 8th Edenvale,  Santa  Clara  County,  Cal. 

Charles   W.   Bell 9th 726  St.  John  avenue,  Pasadena,  Gal. 

V   '-^eDhens 10th.  .1108  W.  Twenty-seventh  street,  Los  Angeles,  Cal. 

William  Kettner   11th 2965  Union  street,  San  Diego,  Cal. 

UNITED  STATES  SENATORS. 

George  C.  Perkins  Oakland,  Cal. 

John  D.  Works Los  Angeles,  Cal. 

JUDICIAL  DEPARTMENT. 

SUPREME  COURT. 

The  terms  of  the  Justices  are  twelve  years. 
Permanent    address:    Wells-Fargo    Building,    Second    and    Mission    streets,    San 

Francisco. 

TERMS  OF  COURT, — The  Supreme  Court  meets  at  the  following  places,  viz.: 

At  Wells-Fargo  Building,  Second  and  Mission  streets,  San  Francisco,  on  the 
second  Monday  in  January,  and  on  the  third  Monday  in  July. 

At  Bullard  Block,  Los  Angeles,  on  the  first  Monday  in  April,  and  on  the  second 
Monday  in  October. 

At  the  State  Capitol,  Sacramento,  on  the  first  Monday  in  May,  and  on  the  sec- 
ond Monday  in  November. 

Name.  Office.  Term  Ends. 

W.  H.  Beatty Chief  Justice January,  1915 

F.  M.  Angeliotti Associate  Justice January,  1915 

Lucien  Shaw  Associate  Justice January,  1915 

F.    W.    Henshaw Associate  Justice January,  1919 

Wm.   G.   Lorigan Associate  Justice January,  1919 

Henry  A.  Melvin Associate  Justice January,  1923 

M.  C.  Sloss Associate  Justice January,  1923 


STATE   GOVERNMENT.  1203 

Officers  and  Employees. 
Name.  Office.  Where  Employed. 

C.  P.  Pomeroy Reporter  Decisions San  Francisco 

H.   L.   Gear Asst.  Rep.  Dec San  Francisco 

H.  C.  Finkler Secretary San  Francisco 

J.   B.   Dryden Secretary San  Francisco 

W.   J.    Nicholson Phon.  Reporter San  Francisco 

F.    S.   Laflferty Phon.  Reporter San  Francisco 

A.  W.  Poole Bailiff San  Francisco 

James   M.   Meredith Bailiff Los  Angeles 

John   F.   Tyler Librarian San  Francisco 

DISTRICT  COURTS  OF  APPEAL. 
First  Appellate  District. 

Court  meets  at  Wells-Fargo  Building,  Second  and  Mission  streets,  San  Francisco. 
Name.  Office.  Term  Ends. 

Thos.   J.   Lennon Presiding  Justice January,  1923 

Frank  H.  Kerrigan Associate  Justice January,  1915 

John   E.   Richards Associate  Justice January,  1919 

Officers  and  Employees. 

P.   J.   Hayselden Clerk Pleasure 

J.  B.  Martin Deputy  Clerk of 

W.    E.    Tucker Phon.  Reporter   court. 

D.  C.    McGanney Bailiff 

Second  Appellate  District. 
Court  meets  at  International  Bank  Building,  Los  Angeles. 
Name.  Office.  Term  Ends. 

N.    P.    Conrey .Presiding  Justice January,  1915 

Victor  E.  Shaw Associate  Justice January,  1923 

William  P.  James Associate  Justice January,  1919 

Officers  and  Employees. 

W.  D.  Shearer Clerk Pleasure 

H.    C.    Lillie Deputy  Clerk of 

J.   H.   Crumrine Reporter   court. 

W.    H.    Morris Bailiff 

Third  Appellate  District. 

Court  meets  at  State  Capitol,  Sacramento. 

Name.  Office.  t'^^^^'^^'io 

Norton  P.  Chipman Presiding  Justice January,  1919 

Elijah  C.  Hart Associate  Justice January,  191o 

Albert  G.  Burnett Associate  Justice January,  1923 

Officers  and  Employees. 

W.   M.   Lowell Clerk Pleasure 

John  T.  Stafford Deputy  Clerk of 

Charles   H.    Adams Phon.  Reporter court. 

Geo.  B.  Donaldson Bailiff 

John  O'Donnell Janitor 


1204  hillyer's  legal  manual. 


EXECUTIVE  DEPARTMENT. 

GOVERNOR. 

HIRAM  W.  JOHNSON Term  ends  January,   1915 

Name.  .  Office. 

Alexander  MeCabe Private  Secretary 

Martin  C.  Madsen Executive  Secretary 

Harriet  B.   Odgers Stenographer 

Office,  State  Capitol. 

UEUTENANT-GOVERNOR. 

ALBERT  J.  WALLACE Term  ends  January,  1915 

SECRETARY  OF  STATE. 
FRANK  C.  JORDAN Term  ends  January,  1915 

STATE  CONTROLLER. 

JOHN  S.  CHAMBERS Term  ends  January,   1915 

Office,  State  Capitol. 

STATE  TREASURER. 

E.  D.  ROBERTS Term  ends  January,  1915 

Office,  State  Capitol. 

ATTORNEY  GENERAL. 
U.  S.  WEBB Term  ends  January,  1915 

Name.  Office. 

E.    B.   Power i .  Assistant 

Raymond  Benjamin Chief  Deputy 

Malcolm  C.  Glenn Deputy 

Robt.  W.  Harrison Deputy 

J.  H.  Nourse Deputy 

George  Beebe Deputy 

J.  Charles  Jones Deputy 

Offices,  State  Capitol,  Sacramento;  room  1212  Humboldt  Bank  Building,  San 
Francisco. 

SURVEYOR    GENERAL    AND    EX-OFFICIO    REGISTER    OF    STATE    LAND 

OFFICE. 

W.  S.  KINGSBURY Term  ends  January,  1915 

Office,  State  Capitol. 

SUPERINTENDENT  OF  STATE  PRINTING. 
FRIEND  WM.  RICHARDSON Term  ends  January,  1915 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

EDWARD  HYATT    Term  ends  January,  1915 

Office,  State  Capitol. 

CLERK  OF  SUPREME  COURT. 

B.  GRANT  TAYLOR = Term  ends  January,  1915 

THE  ADJUTANT-GENERAL. 

E.  A.-  FORBES Term  at  pleasure  of  the  Governor 

Office,  State  Capitol. 


STATE   GOVERNMENT.  1205 


Name. 


RAILROAD  COMMISSION. 


OfBee. 


John   M,   Eshleman* President 

Harvey  D.  Loveland* *..'.'"'.'.'.'.".".*.' '.'.'.'.'.Commissioner 

Alex   Gordon*    .Commissioner 

Edwin    O.    Edgerton Commissioner 

Max  Thelen Commissioner  and  Att'y  of  Board 

Charles   R.   Detrick Secretary 

Charles  A.  De  Ligne Assistant  Secretary 

R.  A.  Thompson Chief  Engineer 

H.  C.  Hazzard Chief  of  Service  Department 

L.  R.   Reynolds " Auditor 

H.  H.  Sanborn Rate  Expert 

Ralph  A.   Sollars Official   Reporter 

^Elected,  1910. 

STATE  BOARD  OF  ACCOUNTANCY. 

Appointed  by  the  Governor,     Term,  four  years. 
Name.  Term  Expires. 

Prentiss  Maslin,  President May  27,  1912 

John  Hoesch,  Vice-President May  27,  1913 

Thomas   E.   Atkinson,   Secretary May  27,  1913 

John  Forbes " May  27,  1914 

William  Dolge  December  12,  1915 

Office  of  Secretary,  201  Sansome  street,  San  Francisco. 

STATE  BOARD  OF  AGRICULTURE. 

Appointed  by  the  Governor.  Term,  four  years.  Term  of  office  begins  on 
the  first  day  of  Februar3\  The  Board  is  classified  into  four  classes  of  three  mem- 
bers each,  so  that  three  members  go  out  of  office  every  year. 

(Stats.  1880,  p.  49.) 

Name.  Office.  Term  Expires. 

A.  L.  Scott President February  1,  191.5 

Benjamin  F.  Rush Vice-President February  1,  19^16 

C.  j.   Chenu General  Superintendent. February  1,  1913 

H.   A.   Jastro Member February  1,  1914 

T.  H.  Ramsay Member February  1,  1914 

Theodore  Gier    Member February  1,  1914 

John  M.  Perry Member February  1,  1913 

E.  W.  Howard Member February  1,  1913 

George  L.  Warlow Member February  1,  1915 

I.    L.    Borden Member February  1,  1915 

C.  W.  Paine Member February  1,  1916 

E.  F.  Mitchell Member February  1,  1912 

Office,  State  Agricultural  Building,  Fair  Grounds,  Sacramento. 

DISTRICT  BOARDS  OF  AGRICULTURE. 

(Stats.  1897,  page  304;  amended  1901,  page  304;  superseded  and  repealed  and  dis- 
tricts reorganized  1909,  page  979.) 

Appointed  by  the  Governor,  eight  for  each  district.     Term,  four  years. 

Terms  of  all  directors  of  the  reorganized  districts  have  expired  and  the 
Governor  has  not  made  appointments  to  fill,  excepting  in  the  Fourth,  Sixth  and 
Sixteenth  districts.  District  fairs  have  not  been  held  for  several  years,  the  Legis- 
lature failing  to  make  any  appropriations  for  this  purpose.  Districts  having  acting 
directors  are: 

Fourth  District. 

Jos.  T.  Grace,  of  Santa  Rosa Term  expires  December  1,  1913 

A.  W.  Foster,  of  San  Rafael Term  expires  December  1,  191^ 

John  P.  Overton,  of  Santa  Rosa Term  expires  December  1,  191^ 

Frank  Muther.  of  Santa  Rosa Term  expires  December  1,  1912 


1206  hillyer's  legal  manual. 

Fourth  District — Continued. 

H.  M.  LeBaron,  of  Valley  Ford Term  expires  December  1,  1912 

W.  H.  Armsden,  Santa  Eosa Term  expires  December  1,  1915 

S.   M.   Augustine,   San   Eafael Term  expires  December  1,  1915 

Allen  B.  Lemmon,  Santa  Rosa Term  expires  December  1,  1915 

Sixth  District. 

J.  B.  Lippincott,  of  Los  Angeles Term  expires  January  9,  1916 

Kate  Reynolds,  of  Los  Angeles Term  expires  January  9,  1916 

Walker  P.  Stony,  of  Los  Angeles Term  expires  December  1,  1912 

G.  A.  Canfield,  of  Los  Angeles Term  expires  December  1,  1916 

Sixteenth  District. 

Reginald  W.  Nuttall,  of  San  Luis  Obispo Term  expires  December  1,  1913 

John  Donovan,  of  Nipomo Term  expires  December  1,  1913 

L.  C.  Routzahn,  of  Arroyo  Grande Term  expires  December  1,  1912 

W.  H.  Warden,  of  San  Luis  Obispo Term  expires  December  1,  1912 

STATE  BOARD  OF  ARCHITECTURE. 

Appointed  by  the  Governor.     Term,  four  years.     (Stats.  1901,  page  541.) 
For  the   purpose  of   examining  applicants   for   certificates   to   practice   archi- 
tecture in  California,  the  State  is  divided  into  northern  and  southern  districts, 
and  five  members  of  the  board  appointed  from  each  district. 

Northern  District. 

Office,  1039-1041  Phelan  Building.  San  Francisco. 

The  Northern  District  consists  of  all  that  portion  of  the  State  north  of  the 

northerly  line  of  the  counties  of  San  Luis  Obispo,  Kern,  and  San  Bernardino. 

William  Curlett,  of  San  Francisco,  President.  ..  .Term  expires  November  26,  1914 

Edgar  A.  Mathews,  of  San  Francisco,  Treas..  .Term  expires  November  26,  1914 

J.  Gather  Newsom,  of  San  Francisco Term  expires  November  26,  1914 

Sylvain  Schnaittacher,  of  San  Francisco Term  expires  April  1,  1914 

John  Bakewell,  of  San  Francisco Term  expires  June  8,  1916 

Southern  District. 
Office,  721  American  Bank  Building,  Los  Angeles. 
The  Southern  District  consists  of  all  of  that  portion  of  the  State  south  of  the 
northerly  line  of  the  counties  of  San  Luis  Obispo,  Kern,  and  San  Bernardino. 

John  P.  Krempel,  of  Los  Angeles,  President Term  expires  November  29,  1914 

Frederick  L.  Roehrig,  of  Los  Angeles,  Secretary.  .Term  expires  November  29,  1914 

W.  S.  Hebbard,  of  San  Diego Term  expires  November  29,  1914 

Sumner  P.  Hunt,  of  Los  Angeles Term  expires  November  29,  1914 

Octavius  Morgan,  of  Los  Angeles Term  expires  November  29,  1914 

STATE  BANKING  DEPARTMENT. 

Superintendent  of  Banks  appointed  by  the  Governor.     Holds  office  at  pleasure  of 

Governor. 

(Stats.  1909,  p.  87;  amended  1911,  p.  7.) 
Name,  Office. 

W.  R.  Williams Superintendent   of  Banks 

F.  H.  Thatcher Chief  Deputy 

A.  A.  De  Ligne Attorney 

R.  E.  Dobbs Examiner 

F.  W.    Sinclair Examiner 

E.    D.    Elliott Examiner 

C.  B.  Wingate Examiner 

L.    V.    Shaw Examiner 

G.  Schammel    Examiner 

W.  S.  Martin Examiner 


STATE   GOVERNMENT.  1207 

Special  deputy  superintendents  appointed  to  assist  in  handling  the  affairs  of 
banks  m  process  of  liquidation:  S.  P.  Young,  San  Francisco:  Geo.  M.  Mitchell  San 
Francisco;  E.  E.  Trengrove,  San  Francisco;  B.  V.  Moore,  Los  Angeles. 

Office,  Postal  Telegraph  Building,  San  Francisco. 

COMMISSIONER  OF  BUILDING  AND  LOAN  ASSOCIATIONS. 

Appointed  by  the  Governor.     Term  at  the  pleasure  of  the  Governor. 

(Stats.  1905,  p.  659;  1907,  p.  631;  1911,  p.  607.) 

.  Name.  Office. 

George  S.   Walker Commissioner 

James    L.   Fields Secretary 

Office,  604-606  Call  Building,  San  Francisco. 

TRUSTEES  OF  STATE  BURIAL  GROUND. 

Appointed  by  the  Governor,  to  hold  office  at  his  pleasure. 

W.  F.  Knox,  Jr Sacramento 

Preston   L.   Lykens Sacramento 

Vacancy:  P.  H.  Eussell  resigned  January  16,  1903. 

SUPERINTENDENT  OF  CAPITOL  BUILDING  Al«)  GROUNDS. 

Appointed  by  the  Governor.     Term  at  the  pleasure  of  the  Governor. 

(Stats.  1911,  p.  572.) 

GEORGE  G.  RADCLIFF of  Watsonville 

CAPITOL  COMMISSIONERS. 

Hiram    W.    Johnson    (E) Governor 

Frank  C.  Jordan  (E) Secretary  of  State 

Edward  D.  Eoberts   (E) State  Treasurer 

Martin  C.  Madsen   (E),  Secretary 

STATE  BOARD  OF  CHARITIES  AND  CORRECTIONS. 

Appointed  by  the  Governor.     Term,  four  years. 
(Stats.  1903,  p.  482,  as  amended  by  Stats.  1911,  c.  683.) 
Hiram  W.  Johnson,  Governor,  ex  officio. 
Eabbi    Martin    A.    Meyer,    President,    San    Fran- 
cisco    Term  expires  February  17,  1914 

Carrie      Parsons      Bryant,      Vice-President,    •  Los 

Angeles    Term  expires  February  17,  1914 

W.  S.  Tinning,  Martinez Term  expires  February  17,  1912 

John  E.  Haynes,  M.  D.,  Los  Angeles Term  expires  February  17,  1916 

Jessica  B.  Peixotto,  Berkeley Term  expires  February  17,  1916 

Rev.  Charles  A.  Eamm,  San  Francisco Term  expires  June  30,  1915 

Office  of  Board.  1007  Phelan  Building,  San  Francisco. 

INSPECTORS  OF  CITRUS  FRUIT  SHIPMENTS. 

Appointed  by  the  Governor.     Term  at  pleasure  of  the  Governor. 
(Stats.  1901,  p.  663;  amended  Stats.  1903,  p.  338.) 

BOARD  OF  COLTON  HALL  TRUSTEES. 

Appointed  by  the  Governor.     Term,  four  years. 
Name.  "  Term  Expires. 

Frank  Mattison,   President April  12,  1907 

Arthur    Metz,    Vice-President April  12,  1907 

William   Jacks,   'Treasurer April  12,  1907 

STATE  BOARD  OF  CONTROL. 

Appointed  by  the  Governor.     Term  at  pleasure  of  the  Governor. 
(Stats.  1911,  c.  349.) 

John  Francis  Neylan  (E),  Chairman Sacramento 

C.  L.  Seavey  (E) Pasadena 

Freeman  H.  Bloodgood  (R) San  Francisco 


1208  HILLYER^S  LEGAL    MANUAL. 

Accountancy  Department. 

C.  L.  Avery Superintendent  of  Accounts 

H.  S.  Patterson Assistant  Superintendent  of  Accounts 

Corning  de  Saules Assistant  Superintendent  of  Accounts 

Geddes,  J.   A Accountant 

Office,  State  Capitol. 

CONSERVATION  COMMISSION. 

Appointed  by  the  Governor.     Term  at  pleasure  of  the  Governor. 

George  C.  Pardee,  Chairman Oakland 

Francis   Cuttle    Riverside 

J.  P.  Baumgartner Santa  Ana 

Office,  Room  702  Mills  Building,  San  Francisco. 

STATE  DAIRY  BUREAU. 

Appointed  by  the  Governor.     Term,  four  years.     Tbe  Board  is  classified  so  that 
the  terms  of  office  expire  successively. 
(Stats.  1897,  p.  68.) 
Name.  Term  Expires. 

E.  P.  Nissen July  1,  1911 

M.  T.  Freitas July  1,  1912 

J.   R.   Murphy July  1,  1913 

F.  W.  Andreasen  (R),  Agent  and  Seeertary. 
Office,  25  California  street,  San  Francisco. 

STATE  BOARD  OF  DENTAL  EXAMINERS. 

Appointed  by  the  Governor.     Term,  four  years. 

(Stats.  1901,  p.  564.) 
Name.  Term  Expires. 

Leland   D.  Jones September  1,  1914 

Frederick  H.  Houck September  1,  1914 

Chas.  E.  Rice September  1,  1914 

J.  M.  Blodgett,  President September  1,  1914 

C.  A.  Herrick,  Secretary September  1,  1912 

J.  L.  Pease,  Treasurer September  1,  1913 

G.   Maurice   Crow September  1,  1912 

C.  A.  Litton September  1,  1914 

Office  of  the  secretary,  Room  401,  133  Geary  street,  San  Francisco. 

STATE  DENTAL  SURGEON. 

Appointed  by  the  Governor.     Term,  four  years. 

Leo.  J.  McMahon San  Francisco 

Term  expires  December  19,  1916. 

ECLECTIC  MEDICAL  SOCIETY  OF  THE  STATE  OF  CALIFORNIA. 

H.  Vandre,  M.  D.,  President Ocean  View 

Hannah-Scott  Turner,  M.  D.,  First  Vice-President Pomoua 

J.  G.  Tompkins,  M.  D.,  Second  Vice-President Oakland 

H.   Ford   Scudder,   Recording   Secretary Redlands 

Ira  A.  Wheeler,  M.  D.,  Corresponding  Secretary Healdsburg 

J.  A.  Munk,  M.  D.,  Treasurer .' Los  Angeles 

Office  of  the  president,  2935  San  Jose  avenue.  Ocean  View. 

STATE  BOARD  OF  EDUCATION. 

Hiram  W.  Johnson,  President Governor 

Edward  Hyatt,  Secretary Superintendent  of  Public  Instruction 

Benjamin  Ide  Wheeler President  of  University  of  California 

Alexis    F.    Lange 

Professor  of  the  Theory  and  Practice  of  Education,  University  of  California 

Morris  E.  Dailey. President  of  State  Normal  School  at  San  Jose 

Jesse  F.  Millspaugh President  of  State  Normal  School  at  Los  Angeles 

Allison  Ware   President  of  State  Normal  School  at  Chico 


STATE   GOVERNMENT.  1209 

Edward  L.  Hardy President  of  State  Normal  School  at  San  Diego 

Frederic  L.  Burk President  of  State  Normal  School  at  San  Francisco 

Ednah  A.  Eich President  of  State  Normal  School  at  Santa  Barbara 

C.  L.  McLane President  of  State  Normal  School  at  Fresno 

Office  of  secretary,  State  Capitol. 

DEPARTMENT  OF  ENGINEERING. 

(Stats.  1907,  p.  215.) 

Advisory  Board. 

Hiram  W.   Johnson Governor 

J.  J.  Dwyer President  State  Board  of  Harbor  Commissioners 

F.  W.  Hatch General  Superintendent  of  State  Hospitals 

W.  F.  McClure State  Engineer 

Charles  D.  Blaney.     Burton  A.  Towne.     N.  D.  Darlington. 

Consulting  River  Board. 

George   W.  Tatterson Stockson 

Alexander    Gordon    Sacramento 

E,   S.  Brown Sacramento 

M.  J.  Boggs Colusa 

W.    J.    Smith Vorden. 

Appointments. 
Name.  Office. 

W.  F.  McClure State  Engineer 

J.  W.  Woollett State  Architect 

Paul  M.  Norboe Assistant  State  Engineer 

Jerome  Newman Assistant  State  Engineer 

L.  B.  Luppen Mechanical  Engineer 

Earle  Freeman Secretary 

H.  A.  French Purchasing  Agent 

C.  F.  Dean Architectural  Designer 

E.  D.  Griffith Testing  Engineer 

Edward  Goodwin Engineer  Draftsman 

Auditing  Department. 

Name.  Office. 

J.    H.    Clarke Auditor 

A.  J.  Adams Clerk 

N.  E.  White Clerk 

Also   3  Filing   Clerks;    1   Blue  Print   Pressman;    3    Stenographers;    1   Porter; 
1  Messenger. 

STATE  BOARD  OF  EQUALIZATION. 
Elected  by  districts.     Terms  of  incumbents  end  January,  1915. 

Name.  Offi«e. 

John  S.  Chambers Controller  and  ex  officio  member 

Edward  Eolkin  Member  of  Board 

John  Mitchell   Member  of  Board,  chairman 

Eichard  E.  Collins Member  of  Board 

Jeff  McElvaine  Member  of  Board 

T    M    Eby   Secretary 

Prof.  Carl  C.  Plehn Adviser 

Office,  State  Capitol. 

Meetings,   second   Monday   each   month,   and    continuous    sessions    from   first 
Monday  in  March  to  second  Monday  in  September. 


1210 

BOARD  OF  FISH  AND  GAME  COMMISSIONERS. 
Appointed  by  the  Governor,  by  and  with  the  consent  of  the  Senate.     Term  at 

pleasure  of  the  Governor. 
Stats.  1869-70,  p.  663;  Pol.  Code,  §§  368,  642,  643. 

F.  M.  Newbert,  President,  Sacramento Appointed  August  3,  1911 

M.  J.  Connell,  Los  Angeles Appointed  February  1,  1909 

Carl  Westerfeld,  San  Francisco Appointed  November  28,  1911 

Ernest  Schaeffle,  Secretary,  San  Francisco Appointed  November  29,  1911 

Employees. 
Name.  Office. 

J.  S.  Hunter Assistant  in  Charge  of  Game  Conservation 

W.  H.  Shebley Superintendent  of  Hatcheries 

R.  D.  Duke Attorney 

Head  office,  San  Francisco  (734  Mills  Building) . 

Under  direction  of  Ernest  Schaeffle,  Secretary. 

Arthur  M.  Fairfield Assistant  Secretary 

O.  H.  Reichling Claim  Clerk 

Los  Angeles  office  (510  Consolidated  Realty  Building) . 

Under  direction  of  Commissioner  M.  J.  Connell. 

Fresno  office  (347  Forsyth  Building) . 
Under  direction  of  Deputy  A.  D.  Ferguson. 

Sacramento  office  (Forum  Building). 

Under  direction  of  Commissioner  F.  M.  Newbert. 

DEPARTMENT  OF  FORESTRY. 

(Stats.  1905,  p.  235.) 

State  Board  of  Forestry. 

Hiram  W.   Johnson Governor 

Frank  C.  Jordan Secretary  of   State 

U.  S.  Webb Attorney  General 

G.  Morris  Homans State  Forester 

BOARD  OF  STATE  HARBOR  COMMISSIONERS. 

Appointed  by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate. 
Term  at  pleasure  of  the  Governor. 

(Pol.  Code,  §§  1002  and  2520.) 
Name.  Office. 

J.    J.    Dwyer,    President San  Francisco 

John  H.  McCallum San  Francisco 

Thomas  S.  Williams San  Francisco 

Office  and  Employees. 
Name,  Office. 

Leo  V.  Merle,  Jr Secretary 

James  Byrne,  Jr Assistant  Secretary 

Office,  Ferry  Building,  San  Francisco. 

HARBOR  COMMISSIONERS  FOR  THE  PORT  OF  EUREKA. 

Appointed  by  the  Governor.     Term,  four  years. 
(Pol.  Code,  §§  2567-2572.) 

W.  H.  H.  Heckman   (R.),  of  Eureka,  President Term  expires  April  5,  1916 

Adolph  Ohman  (R.),  of  Eureka Term  expires  April  5,  1916 


STATE   GOVERNMENT.  1211 

H.  H.  Woodcock  (B.),  of  Eureka Term  expires  March  21,  1915 

S.  S.  SilkAf^ood  (R.),  of  Eureka,  Harbormaster .Term  expires  July  6.  1915 

Grace  E.  Campbell  (E.),  of  Eureka,  Secretary  of  the  Board.     Term  expires  July 
6,  1913.     Appointed  by  the  Board. 
The  Board  is  also  empowered  to  employ  from  time  to  time  an  attorney. 

HARBOR  COMMISSIONERS  FOR  THE  BAY  OF  SAN  DIEGO. 

Appointed  by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate. 

Term  of  office,  four  years. 
It  is  provided  that  the  terms  of  office  of  the  Commissioners  shall  expire  successively 

(Pol.  Code,  §§  2575-2608.) 

F.  R.  Burnham,  President Term  expires  January  19,  1915 

C.  H.  Swallow,  Secretary Term  expires  January  15,  1915 

A.  E.  Roberts Term  expires  April  S,  19^15 

(Edgar  Luce,  Attorney.) 
T.  M.  Shaw,  Harbormaster,  appointed  February,  1911. 

STATE  BOARD  OF  HEALTH. 

Appointed  by  the  Governor,  by  and  with  the  consent  of  the  Senate. 
Term  of  office,  four  years. 
(Stats.  1869-70,  p.  329;  Pol.  Code,  §§  368,  369.) 
Name.  Term  Expires. 

Martin  Regensburger,  M.  D.,  President September  7,  1914 

W.  LeMoyne  Wills,  M.  D.,  Vice-President September  7,  1914 

Wallace  A.  Briggs,  M.  D September  7,  1914 

F.  K.  Ainsworth,  M.  D September  7,  1914 

James  H.  Parkinson,  M.  D September  7,  1914 

O.   Stansbury,  M.  D.. September  7,  1914 

Louis  H.  Roseberry Attorney 

Office,  State  Capitol. 
Members  were  appointed  May  22,   1909,  but  not   confirmed  by  Senate  until 
September  7,  1910,  term  running  from  that  date  for  four  years. 

State  Bureau  of  Vital  Statistics. 
George  D.  Leslie Statistician 

Office,  State  Capitol. 

State  Hygienic  Laboratory. 
(At  Berkeley.) 

Dr.  W.  A.  Sawyer Director 

Dr.   J.   C.   Geiger Assistant 

State  Food  and  Drug  Laboratory. 

(At  Berkeley.) 

Name.  Office. 

M.  E.  Jaffa,  M.  S Director 

A.   R.  Mehrtens Assistant 

The  Attorney  is  appointed  by  the  Governor. 

The  Secretary  and  all  others  are  appointed  by  the  board. 

The  office  of  the  State  Board  of  Health  and  of  the  State  Bureau  of  Vital 
Statistics  is  at  the  State  Capitol,  Sacramento. 

The  Hygienic  Laboratory  and  the  Pure  Food  and  Drug  Laboratory  are  located 
at  the  State  University,  Berkeley. 


1212 

CALIFORNIA  HIGHWAY  COMMISSION  OF  THE  DEPARTMENT  OF 

ENGINEERING. 

Consists  of  three  Commissioners  appointed  by  the  Governor,  to  hold  office  at  the 

pleasure  of  the  Governor. 

(Stats.  1911,  p.  823.) 

Name.  Office, 

Burton  A.  Towne Commissioner 

Chas.  D.  Blaney Commissioner 

N.  D.  Darlington Commissioner 

Employees. 
Name.  Office. 

Austin  B.  Fletcher Highway   Engineer 

W.  R.  Ellis Secretary 

Office,  Forum  Building,   Sacramento. 

HOMEOPATHIC  MEDICAL  SOCIETY  OF  THE  STATE  OF  CALIFORNIA. 

Edgar  R.  Bryant,  M.  D.,  President 350  Post  street,  San  Francisco 

W.  J.  Hawkes,  M.  D.,  First  Vice-President 

Wright  &  Callender  Building,  Los  Angeles 

Florella  Estes,  M.  D.,  Second  Vice-President. . .  .Auditorium  Building,  Los  Angeles 

Guy  E.  Manning,  M.  D.,  Secretary 391  Sutter  street,  San  Francisco 

T.  C.  Low,  M.  D.,  Treasurer Auditorium  Building,  Los  Angeles 

Directors:  George  H.  Martin,  M.  D.,  Butler  Building,  San  Francisco;  Wm. 
Boericke,  M.  D.,  391  Sutter  street,  San  Francisco;  Sidney  Worth,  M.  D.,  391  Stitter 
street,  San  Francisco;  James  W.  Ward,  M.  D.,  391  Sutter  street,  San  Francisco; 
H,  M.  Bishop,  M.  D.,  Los  Angeles. 

STATE  COMMISSIONER  OF  HORTICULTURE. 

(See  amended  act,  approved  April  26,  1911.) 

Appointed  by  the  Governor.     Term  ends  October  21,  1915. 

A.  J.  Cook  (R.),  Claremont State  Commissioner  of  Horticulture 

INDUSTRIAL  ACCIDENT  COMMISSION. 
Name.  Term  Expires. 

A.    J.    Pillsbury,    Chairman August  31,  1915 

Will   J.   French August  31,  1914 

Harris  Weinstock    August  31,  1913 

Employees. 
Name.  Office. 

Aaron  L.  Sapiro Secretary 

Hugh    Jeidell    Statistician 

Office,  Royal  Insurance  Building,  San  Francisco. 

INSURANCE  COMMISSIONER. 

Appointed  by  the  Governor,  with  the  consent  ■  of  the   State.     Term,  four  years. 

Term  of  incumbent  ends  June  15,  1914. 
(Stats.    1868,   p.    336.     Re-enacted    1872,   Pol.    Code,    368,    568,    569.     Stats.    1907, 

p.  141.) 

E.  C.  Cooper,  Insurance  Commissioner. 

Name.  Office. 

H.  F.  Risbrough Deputy  Insurance   Commissioner 

J.  W.   Stetson Attorney 

Office,  602  Mutual  Bank  Building,  San  Francisco. 


STATE   GOVERNMENT.  1213 

BUREAU  OF  I*ABOR  STATISTICS. 

Appointed  by  the  Governor,  February  28,  1911.     Term,  at  pleasure  of  the  Governor. 
(Stats.  1883,  p.  27;  1889,  p.  6;  1907,  pp.  306,  307;  1909,  p.  36;  1911,  pp.  39,  1205.) 

John   P.    McLaughlin,    of   San   Francisco Commissioner. 

Name.  Office. 

John  Kean Deputy  Commissioner 

John  J.  Tobin Deputy  Commissioner,  Los  Angeles. 

Henry  H.  Lyon Asst.  Deputy  Commissioner,  Los  Angeles 

H.  A.  Scheel Statistician 

Other  appointments — Assistant  stenographer  and  4  Special  Agents. 

Office,  807  Mechanics  Building,  948  Market  street,  San  Francisco. 

Los  Angeles  Office,  Higgins  Building. 

CALIFORNIA  STATE  LIBRARY. 

Board  of  Trustees  appointed  by  the  Governor.     Term  four  years. 
(Pol.  Code,  §§  2292  and  2293.) 

Charles  S.  Green   (E.),  Oakland,  President Term  expires  February  28,  1912 

Bradner  W.  Lee  (R.),  Los  Angeles Term  expires  February  28,  1914 

Allen  B.  Lemmon  (R.),  Santa  Rosa Term  expires  February  28,  1914 

R.  M.  Richardson  (R.),  Sacramento Term  expires  February  28,  1914 

A.  H.  Hewitt  (R.),  Yuba  City Term  expires  February  28,  1916 

State  Librarian. 

Appointed  by   Trustees.     Term   ends  July,   1914. 

James  L.  Gillis of  Sacramento. 

Name.  Office. 

Milton  J.  Ferguson Assistant  Librarian 

Laura  Steffens Second  Assistant  Librarian 

Margaret  Eastman Chief  Deputy  and  in  charge  of  Order  Dept. 

Susan  T.  Smith Reference  Librarian 

Eudora  Garoutte   Head  of  California  Department 

Alice  J.  Haines  Head  of  Documents  Department 

Mabel  R.  Gillis Head  of  Books  for  Blind  Department 

Harriet  G.  Eddy County  Library  Organizer 

Annie  L.  Blanchard Shelf  Lister 

Annie  Lowry In  chai'ge  of  Periodicals  and  Binding 

Office,  State  Capitol. 

BOARD  OF  MEDICAL  EXAMINERS  OF  THE  STATE  OF  CALIFORNIA. 

Appointed  by  the  Governor.     Term,  two  years. 
(Stats.  1907,  p.  252;  1909,  p.  418.) 

Robert  Campbell Los  Angeles 

Fred  F.  Gundrun   Sacramento 

Harry  E.  Alderson   San  Francisco 

W.  W.  Vanderburgh San  Francisco 

William  R.  Maloney Los  Angeles 

H.  V.  Brown   Los  Angeles 

H.   Clifford  Loos    San   Diego 

S.  H.  Buteau Oakland 

Charles  B.  Pinkham  San  Francisco 

Dain  L.  Tasker Los  Angeles 

Office  of  the  Board,  room  929  Butler  Building,  Geary  and  Stockton  Streets,  San 
Francisco. 


1214  hillyer's  legal  manual. 

MEDICAL  SOCIETY,  STATE  OF  CALIFORNIA. 

O.  D.  Hamlin,  President Oakland 

C.  S.  Stoddard,  First  Vice-President Santa  Barbara 

J.  R.  Walker,  Second  VicerPresident Fresno 

Philip  Mills  Jones,  Secretary. 

Office,  Butler  Building,  San  Francisco. 

Councilors:  C.  G.  Kenyon,  San  Francisco,  chairman;  T.  C.  Edwards,  Salinas; 

E.  N.  Ewer,  Oakland;  John  Kuser,  Novate;  Antrim  Edgar  Osborne,  Santa  Clara; 
George  H.  Kress,  Los  Angeles;  George  H.  Aiken,  Fresno;  James  H.  Parkinson, 
Sacramento;  John  C.  Spencer,  San  Francisco;  H.  A.  L.  Ryfkogel,  San  Francisco; 

F.  M.  Pottenger,  Monrovia;  C.  Van  Zwatenburg,  Riverside. 

STATE  MINERALOGIST. 

Appointed  by  the  Governor.     Term  of  incumbent  expires  November  25,  1915. 
Fletcher  McNutt  Hamilton. 

Name.  Office. 

E.   B.    Preston Determinative    Mineralogist 

Fred  L.  Lowell Curator 

W.   W.   Thayer Secretary 

Office,  Ferry  Building,  San  Francisco. 

TRUSTEES  STATE  MINING  BUREAU. 

Appointed  by  the  Governor.     Term  of  office,  four  years. 
(Stats.  1893,  p.  203;  amended  Stats.  1903,  p.  113;  Stats.  1907,  p.  935.) 

John  G.  Fletcher  (R.),  of  Oakland Term  expires  December  27,  1915 

Henry  E.  Monroe  (D.),  of  San  Francisco Term  expires  July  8,  1916 

Calvert  Wilson  (D.),  of  Los  Angeles Term  expires  March  29,  1914 

E.  C.  Hutchinson  (R.),  of  San  Francisco Term  expires  March  14,  1916 

Office,  Ferry  Building,  San  Francisco. 

TRUSTEES  OF  STATE  MINERAL  CABINET. 

Appointed  by  the  Governor,     Term  at  pleasure  of  the  Governor. 

Harris  Weinstock  (R.),  of  San  Francisco Appointed  October  29,  19Q0 

J.  A.  Woodson   (R.),  of  Sacramento Appointed  April  2,  1887 

George  Pyburn  (R.),  of  Sacramento Appointed  April  2,  1887 

State  Mineral  Cabinet  is  located  at  Crocker  Art  Gallery,  Second  and  0  streets, 
Sacramento. 

BOARD  OF  MONTEREY  CUSTOM-HOUSE  TRUSTEES. 

Appointed  by   the   Governor.     Term,   four  years. 

(Stats.  1901,  p.  516.) 
Name,  Term  Expires. 

Grant  Towle,  President January  31,  1912 

William  Sandholt,  Secretary January  31,  1912 

George  S.  Gould,  Jr.,  Treasurer January  31,  1912 

Frank  Mattison January  31,  1914 

Florence  Porter  Pfingst January  31,  1914 

CALIFORNIA  STATE  BOARD  OF  EXAMINERS  IN  OPTOMETRY. 

Appointed  by  the   Governor,     Term,   four   years. 
(Stats.  1903,  p.  285;  amended  Stats.  1907,  p.  63;  Stats.  1909,  p.  775.) 
Name.  Term  Expires. 

John  M.  Forsyth,  President December  8,  1915 

J.    M.    Crawford,    Secretary December  8,  1915 

H.  H.  Weindieck '. December  8,  1915 

Office  of  the  Secretary,  Fresno,  Cal. 


STATE   GOVERNMENT.  1215 

OSTEOPATHIC  ASSOCIATION  OF  THE  STATE  OF  CALIFOENIA. 

Lester  E.  Daniels,  D.O.,  President Sacramento 

Susan  O.  Harris,  D.O.,  First  Vice-President San  Francisco 

Grace  E.  Hain,  D.O.,  Second  Vice-President .'.'.'.'.' Stockton 

C.  A.  Haines,  D.O.,  Treasurer Sacramento 

Effie  E.  York,  D.O.,  Secretary .'.'.'.San  Francisco 

Office  of  the  Secretary,  1479  Geary  Street,  San  Francisco. 

PANAMA-CALIFORNIA    EXPOSITION    COMMISSION. 

Consists   of  three  members   appointed   by   the   Governor   and    serving   at   the 
pleasure  of  the  Governor. 

(Chap.  337,  Stats.  1911.) 

Date.  Name.  Position. 

June  15,  1911.     George  W.  Marston,  Chairman Member 

Apr.  17,  1912.     Kussell  C.  Allen-' Member 

June  15,  1911.     Thomas    O'Halloran Member 

*Vice  L.  J.  Wilde,  resigned. 

Office,  Administration  Building,  San  Diego. 

PANAMA-PACIFIC   INTERNATIONAL   EXPOSITION   COMMISSION. 

Governor  Hiram  W.  Johnson San  Francisco 

Matt  I.  Sullivan,  President San  Francisco 

Chester  H.  Bowell Fresno 

Marshall  Stimson   Los  Angeles 

Arthur  Arlett  Berkeley 

Name.  Position. 

Florence  J.  O'Brien Secretary 

Leo  S.  Robinson Controller 

Office,  Exposition  Building,  San  Francisco. 

STATE  BOARD  OF  PHARMACY. 

Appointed  by  the  Governor.     Term,  four  years. 

(Stats.  1905,  p.  535;  amended  Stats.  1907,  p.  766.) 
Name.  Term  Expires. 

J.  O.  McKown,  President May  28,  1913 

E.  J.  Molony,  Treasurer May  28,  1913 

Edward  T.  Off April  3,  1913 

H.  O.  Bucker. April  3,  1913 

Charles  B.  Whilden April  3,  1913 

H.  J.  Finger May  28,  1913 

G.  M.  Sutherland -April  3,  1913 

Louis  Zeh,  of  San  Francisco,  Secretary. 
Office  of  Board,  Suite  909-10,  Butler  Building,  Geary  and  Stockton  streets,  San 
Francisco. 

PILOT  COMMISSIONERS. 

Appointed  by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate. 

Term  at  pleasure  of  the  Governor. 

San  Francisco,  Mare  Island,  Vallejo  and  Benicia. 

Name.  Office.  Term  Expires. 

Charles  Mayor,  Commissioner  March  27,  1911 

H.  Z.  Howard,  Commissioner March  27,  1911 

William   T.    Lewis,   Commissioner March  27,  1912 

Office,  311  Merchants'  Exchange  Building,  San  Francisco. 


1216  HILLYER^S  LEGAL    MANUAL. 

Board  of  Pilot  CJommissioners  for  the  Harbor  of  San  Diego. 
Appointed  by  the  Governor  to  serve  at  his  pleasure,  not  exceeding  four  years. 

(Stats.  1911,  c.  102.) 

William  E.  Cushman,  Commissioner March  29    1911 

E.  S.  Potter,  Commissioner March  29^  1911 

Mayor  of  city  of  San  Diego  is  ex-officio  member  of  Board. 

PORT  WARDENS. 

Appointed  by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate. 

Term,  four  years. 

(There  are  four  Port  Wardens  for  the  post  of  San  Francisco,  and  one  for 
every  other  port  of  entry  within  the  State.) 

"  (Pol.  Code,  §§  368,  369,  2501.) 

San  Francisco. 

Name.  Office.  .  Term  Expires, 

John  Leale,  Port  Warden March  19,  1913 

William  H.  Pratt,  Port  Warden Feb.  1,  1913 

Thomas  Wallace,  Port  Warden March  8,  1913 

Office,  110  Market  street,  San  Francisco. 

San  Diego. 
A.  J.  Foster,  Port  Warden Feb.  1,  1913 

San  Pedro  and  Wilmington. 

(Now  under  control  of  city  of  Los  Angeles.) 

Don.  C.  Fugitt,  Port  Warden Feb.  23,  1912 

Office,  City  Hall,  Los  Angeles. 

RECLAMATION  BOARD. 

Appointed  by  the  Governor.     Term,  at  the  pleasure  of  the  Governor. 

Three  members.     No  pay. 

(Stats.  1911,  Extra  Session,  p.  117.) 

Peter  Cook,  of  Rio  Vista Appointed  May  8,  1912 

V.  S.  McClatchy,  of  Sacramento Appointed  May  8,  1912 

W.  T.  Ellis,  Jr.,  of  Marysville Appointed  May  8,  1912 

M.  C.  Zumwalt 

A.  G.  Folger 

Geo.    A.    Atherton 

Louis  H.  Fraiikenheimer 

CALIFORNIA  REDWOOD  PARK  COMMISSION. 

Appointed  by  the  Governor.     Term,  four  years.     Composed  of  four  members,  with 

the  Governor  as  ex-oflicio  member. 

(Stats.  1911,  p.  8.) 

Governor  Hiram  W.  Johnson,  ex-officio  member. 

Name.  Office.  Term  Expiree. 

H.  L.  Middleton,  Commissioner February  9,  1915 

A.  A.  Taylor,  Commissioner February  9,  1915 

Charles  B.  Wing,  Commissioner February  9,  1915 

Walker  Thornton,  Commissioner 


STATE   GOVERNMENT.  121.7 

COMMISSION  FOR  THE  LOCATION  AND  CONSTRUCTION  OF  THE 
STATE  REFORMATORY. 

Consists  of  five  members  appointed  by  the  Governor. 
(Stats.  1911,  p.  1088.) 

Hiram  W.  Johnson,  Governor San  Francisco 

Albert  J.  Wallace,  Lieutenant  Governor Los  Angeles 

C.  E.  McLaughlin,   Sacramento Appointed  August  23,  1911 

Earl  A.  Walcott,  San  Francisco Appointed  August  23,  1911 

B.  P.  Oliver,  San  Francisco Appointed  August  23,  1911 

STALLION  REGISTRATION  BOARD. 

(Stats.  1911,  p.  1306.) 

Directors. 

A.  L.  Scott President 

Dr.  Chas.  Keane State  Veterinarian 

George  Robertson    Secretary 

Office  of  Secretary,  State  Fair  Grounds,  Sacramento. 

BOARD  OF  SUTTER'S  FORT  TRUSTEES. 

Appointed  by  the  Governor.     Term,  four  years. 

(Stats.  1891,  p.  25.) 

James  M.  Henderson  (R.)>  o^  Sacramento,  President.  .  .Term  expires  August  1,  1915 

Edward  M.  Lynch  (R.),  of  Sacramento,  Secretary,  .  .  .Term  expires  March  i9,  1911 

George  E.  Bullock  (R.),  of  Sacramento Term  expires  June  29,  1913 

Henry  Hahman  (R.),  of  Santa  Rosa Term  expires  June  29,  1913 

Frederick  T.  Duhring  (R.),  of  Sonoma Term  expires  June  29,  1913 

Office,  Sutter's  Fort,  Sacramento,  Cal. 

CALIFORNIA  STATE  TRADES  AND  TRAINING  SCHOOL. 

(Location  to  be  selected.) 

Board  of  Trustees. 

Appointed  by  the  Governor.     Term,  four  years. 

(Stats.  1909,  p.  887.) 

W.  H.  Metson,  of  San  Francisco Term  expires  June  2,  1913 

W.  L.  Crooks,  of  Benicia Term  expires  July  1,  1913 

Commission  to  Select  Site. 

Hiram  W.   Joiinson Governor 

Frank  C.  Jordan Secretary  of  State 

U.  S.  Webb Attorney  General 

J.  B.  Curtin * State   Senator 

E.  L.  Hawk Member  of  Assembly 

VETERANS'  HOME  OF  CALIFORNIA. 
Board  of  Directors. 

Samuel  W.  Backus,  of  San  Francisco Term  ex^^ires  July  1,  1913 

Hugh  M.  Burke,  of  San  Francisco Term  expires  July  1,  1913 

W.  H.  Savage,  of  San  Pedro Term  expires  July  1,  1913 

Dr.  G.  Parker  Dillon,  of  Sacramento Term  expires  July  1,  1915 

E.  B.  Hinman,  of  Sacramento Term  expires  July  1,  1915 

Hugh  Hogan,  of  Oakland Term  expires  July  1,  1915 

J.  C.  Currier,  of  San  Francisco Term  expires  July  1,  191o 

Ofllcers  of  the  Board  in  San  Francisco. 

Samuel  W.  Backus ;. •  •  -President 

Hugh  M.  Burke Vice-President 

B.  J.  Scoville Assistant  Secretary 

Office,  Room  506  Macdonough  Building,  333  Kearny  Street,  San  Francisco. 
77 


1218  iiillyer's  legal  manual. 

Officers  at  the  Veterans'  Home. 
Name.  Positiou. 

Gen.  C.  A.  Woodruff,  U.  S.  A.  (retired) Conjmandant 

C.   de   Colmesnil Secretary    and    Treasure*- 

STATE  VETERINARIAN. 

Appointed  by  the  Governor.     Term,  four  years. 
(Stats.  1899,  p.  129;  1909,  p.  431.) 
Name.  Office.  Term  Expires. 

Dr.  Charles  Keane,  State  Veterinarian March  19,  1913 

Dr.  "Ward  B.  Eowland,  Assistant  State  Veterinarian March  19,  1917 

OflSice,  State  Capitol,  Sacramento. 

STATE  BOARD  OF  EXAMINERS  IN  VETERINARY  MEDICINE. 

Appointed  by  the  Governor.  The  act  of  1909  provides  that  one  member  shall 
be  appointed  for  one  year;  one  for  two  years;  one  for  three  years;  two  for  four 
years,  and  thereafter  the  term  of  office  shall  be  four  years. 

(Stats.  1909,  p.  278.) 

Name.  Office.  Term  Expires. 

Robert   A.    Archibald,    President April  25,  1911 

W.  E.  D.  Morrison,  Vice-President April  30,  1914 

Otis  A.  Longley,  Secretary April  25,  1911 

David   F.   Fox,   Treasurer June  10,  1913 

Ward  B.  Eowland May  26,  1912 

Office  of  Secretary,  616  I  street,  Fresno. 

STATE  COMMISSION  ON  VOTING  OR  BALLOT  MACHINES. 

(Stats.   1903,  p.  262.) 

Hiram   W.   Johnson Governor 

Frank  C.  Jordan Secretary  of  State 

U»  S.  Webb Attorney  General 

,   Secretary. 

The  following  machines  have  received  the  approval  of  the  Commissioners: 
United  States  Standard  Voting  Machine,  Columbia  Voting  Machine,  Dean  Ballot 
Machine. 

STATE  WATER  COMMISSION. 

Consists  of  the  Governor  and  State  Engineer  as  ex-officio  members,  and  three 
members  appointed  by  the  Governor.  Term,  four  years.  Of  the  three  members 
first  appointed  one  to  serve  one  year,  one  to  serve  two  years,  one  to  serve  three 
years.     After   that   four   years. 

S.  C.  Graham,  of  Los  Angeles Term  expires  March  26,  1913 

Harold  T.  Power,  of  Auburn Term  expires  March  26,  1914 

Charles  D.  Marx,  of  Palo  Alto Term  expires  March  26,  1915 

Name.  Office. 

Secretary 

Geo.  W.  Davis .  .  .  .' Engineer 

Offices,  State  Capitol,  Sacramento;  Room  702,  Mills  Building,  San  Francisco. 

WOMEN'S  RELIEF  CORPS  HOME  ASSOCIATION  OF  CALIFORNIA. 

(Location  of  Home:  Evergreen,  Santa  Clara  County.) 

Board  of  Directors. 

Term    of    office,   two   years. 

(Stats.  1907,  p.  702.     Pol.  Code,  §§  2210-2210g.) 

Cora  A.  Merritt,  of  San  Mateo,  President Term  expires  June  29,  1914 

L.  May  Eley,  of  San  Jose,  Vice-President Term  expires  June  29,  1913 

Sarah  J.  Farwell,  of  Oakland,   Secretary '.Term  expires  June  29,  1914 


STATE   GOVERNMENT.  1219 

Susan  M.  McFarlin  Taylor,  of  Oakland,  Treasurer Term  expires  June  29,  1913 

Amanda  Craker,   of  Santa  Clara Term  expires  June  29,  19U 

Cora  A.  Fenner,  of  San  Francisco Term  expires  June  29,  1914 

H.  Augusta  Tozer,  of  San  Francisco Term  expires  June  29,  1914 

Jessie  Brainard,  of  Petaluma Term  expires  June  29,  1913 

Lettie  M.   Winans,  of  Petaluma Term  expires  June  29,  1913 

Belle  Donovan,  of  San  Francisco Term  expires  June  29,  1913 

Belle  Pomeroy,  of  San  Jose Term  expires  June  29,  1913 

Advisory  Board. 

C.  Mason  Kinne,  Chairman. 
W.  K.  Thomas.  E.  S.  Salomon.  N.  P.  Chipmau. 

J.  B.  Lauck.  E.  L.  Hawk.  T.  J.  Stone. 

Office  of  Secretary,  469  Crescent  street,  Oakland. 

STATE  CIVIL  SERVICE  COMMISSION. 

Charles  Wesley  Eeed,  San  Francisco. Term  expires  July  1,  1914 

Edgar   Williams,   Redlands Term  expires  July  1,  1916 

J.  M.  Hunter,  Los  Angeles Term  expires  July  1,  1917 

RECREATIONAL  INQUIRY  COMMISSION. 

Grace  Fernald,  M.  D Los  Angeles 

James  Edward  Rogers San  Francisco 

Bessie  Stoddart   Los  Angeles 

August  Vollmer  Berkeley 

C.  A.  Stebbins,  M.  D Chico 

LEGISLATIVE  COUNSEL  BUREAU  BOARD. 

John  H.  Guill,  Jr.,  Chico -. Term  expires  September  17,  1915 

William  C.  Clark,  Oakland Term  expires  September  17,  1915 

Newton  W.  Thompson,  Alhambra Term  expires  September  17,  1915 

Edwin  E.  Grant,  San  Francisco Term  expires  September  17,  1915 

BOARD  OF  TRUSTEES  OF  THE  HUMBOLDT  STATE  NORMAL  SCHOOL. 

E.   W.   Haight,   Fortuna Term  expires  September  18,  1914 

Henry  J.  Bridges,  Eureka Term  expires  September  16,  1915 

Charlotte    Gale,    Eureka Term  expires  September  13,  1916 

W.  E.  Cook,  Eureka Term  expires  September  15,  1917 

Rease  M.  Wiley,  Areata Term  expires  September  15,  1917 

INDUSTRIAL  WELFARE  COMMISSION. 

A.  B.  C.  Dohrmann,  San  Francisco Term  expires  September  16,  1914 

Walker  Mathewson,   San   Jose Term  expires  September  16,  1914 

Katherine  Philips  Edson,  Los  Angeles Term  expires  September  16,  1915 

A.  Bonheim,   Sacramento Term  expires  September  16,  1916 

Frank  J.  Murasky,  San  Francisco Term  expires  September  16,  1917 

STATE   BOARD   OF   VITICULTURAL   COMMISSIONERS. 

H.  F.  Stoll,  San  Francisco,  Member  at  Large Term  expires  August  30,  1915 

O.  J.  Wetmore,  San  Francisco,  Member  at  Large.  . .  .Term  expires  August  30,  1915 

Paul  Masson,  San  Jose,  Member  at  Large Term  expires  August  30,  1917 

Sheridan  Peterson,  Windsor,  Member  First  District .  .Term  expires  August  30,  1917 
Frank  T.  Swett,  Martinez,  Member  Second  District.  .Term  expires  August  30,  1917 
Carl  E.  Bundscher,  S.  F.,  Member  Third  District.  ..Term  expires  August  30,  1917 

Secondo  Guasti,  L.  A.,  Member  Fourth  District Term  expires  August  30,  1915 

J.  E.  Beach,  Fair  Oaks,  Member  Fifth  District Term  expires  August  30,  1917 

Wyllie  M.  Giffen,  Fresno,  Member  Sixth  District.  .  .Term  expires  August  30,  1915 


1220  hh^lyer's  legal  manual. 

COMMISSION  OF  IMMIGRATION  AND  HOUSING. 

Paul  Scharenberg   San  Francisco 

Edward   J.    Hanna San  Francisco 

Simon    Lubin Sacramento 

Arthur    H.    Fleming Los  Angeles 

Mary  A.  Gibson Los  Angeles 

BOARD  OF  HARBOR  COMMISSIONERS  FOR  THE  PORT  OF  SAN  JOSE. 

W.  G.  Alexander,  San  Jose Term  expires  September  8,  1915 

W.  M.  Southeimer,  San  Jose Term  expires  September  8,  1916 

Jno.  D.  Crummey,  San  Jose Term  expires  September  8,  1917 

COMMISSION  ON  LOCATION  AND  PURCHASE  OF  SITE  FOR  CALIFORJOA 

SCHOOL  FOR  GIRLS. 

Mrs.  C.  M.  Weyman,  San  Francisco Term  expires  by  Law 

Mrs.  Edgar  German,   Los   Angeles Term  expires  by  Law 

Mary    Hamilton,    Redlands Term  expires  by  Law 

Mrs.  D.  G.  Stephens,  Santa  Monica Term  expires  by  Law 

STATE  BOARD  OF  EDUCATION. 

E.  P.   Clark,  Riverside Term  expires  August  29,  1914 

L.    E.    Chenoweth,    Bakersfield Term  expires  August  29,  1915 

Agnes  Ray,  Oakland Term  expires  August  29,  1915 

Charles  Frank  Stern,  Eureka Term  expires  August  29,  1916 

George  W.  Stone,  Santa  Cruz Term  expires  August  29,  1916 

Mrs.  O.  Shepard  Barnum,  Los  Angeles Term  expires  August  29,  1917 

William  H.  Langdon,  San  Francisco Term  expires  August  29,  1917 

EDUCATIONAL  INSTITUTIONS. 

BOARD    OF   REGENTS    OF   UNIVERSITY    OF    CALIFORNIA. 
Ex  Officio.* 

(Pol.  Code,  §  1426.) 
Hiram  W.  Johnson,  of  Sacramento,  Governor  and  ex-officio  President  of  the  Board 

Albert  J.  Wallace,  of  Los  Angeles Lieutenant-Governor 

Arthur  H.  Hewitt,  of  Yuba  City Speaker  of  the  Assembly 

Edward  Hyatt,  of  Sacramento State  Superintendent  of  Public  Instruction 

A.  Lowndes  Scott,  of  San  Francisco President  State  Agricultural  Society 

Rudolph  J.  Taussig,  of  San  Francisco President  of  the  Mechanics'  Institute 

Benjamin  Ide  Wheeler President  of  the  University. 

Appointed  by  the  Governor. 

Term,  Sixteen  Years. 

(Pol.  Code,  §  1426.) 

Edward  A.  Dickson,  of  San  Francisco Term  expires  March  1,  1926 

-  -         •  -  .        --      -    ^     ^^22 

1914 
1916 
1924 
1920 
1918 
1916 
1914 
1918 
1920 
1920 


Philip  E.  Bowles,   of  San   Francisco Term  expires  March  1 

John  A.  Britton,  of  San  Francisco Terra  expires  March  1 

Rudolph  J.  Taussig,  of  San  Francisco Term  expires  March  1 

William  H.  Crocker,  of  San  Francisco Term  expires  March  1 

Frederick  W.  Dohrmann,  of  San  Francisco Term  expires  March  1 

Guy  C.  Earl,  of  Oakland Term  expires  March  1 

A.  W.  Foster,  of  San  Francisco Term  expires  March  1 

Mrs.  Phoebe  Apperson  Hearst,  of  San  Francisco Term  expires  March  1 

Isaias  W.  Hellraan,  of  San  Francisco Term  expires  March  1 

Garret  W.  McEnerney,  of  San  Francisco Term  expires  March  1 

James  W.  McKinley,  of  Los  Angeles Term  expires  March  1 


*Sections  353,  1425  and  1427  of  the  Political  Code  were  amended  in  1909,  add- 
ing another  ex-officio  Regent  in  the  person  of  the  President  of  the  Alumni  Asso- 
ciation of  the  University  of  California,  but  the  Board  of  Regents  has  declined 
to  seat  such  a  member,  on  the  ground  that  it  is  in  conflict  with  section  9,  article 
IX,   of  the   State   Constitution. 


STATE   GOVERNMENT.  1221 

James  K.  Moffit,  of  San  Francisco. Term  expires  March  1,  1924 

Minnie  Eshleman  Sherman,  of  Fresno      Term  expires  March  1,  1926 

Charles  S.  Wheeler,  of  San  Francisco Term  expires  March  1,  1912 

Charles  A.  Ramm,  of  San  Francisco Term  expires  March  i;  1930 

Officers  of  the  Board  of  Regents. 

Hiram  W.  Johnson,  Governor President  of  the  Board 

Benjamin  Ide  Wheeler President  of  the  University 

Victor  H.  Henderson Secretary 

T.  W.  Hellman,  Jr.,  of  San  Francisco Treasurer 

Warren  Olhey,  Jr.,  of  San  Francisco Counsel 

Ralph  P.  Merritt Comptroller 

Standing  Committees  of  the  Board  of  Regents  for  the  Year  Ending  June  30,  1912 

Finance — Regents  Earl,  Foster,  Britton,  Moffitt,  Taussig,  and,  as  Member  Emeritus, 
Regent  Hellman. 

Grounds  and  Buildings — Regents  Britton,  Mrs.  Hearst,  Dohrmann,  Bowles,  and 
C.  S.  Wheeler. 

Agriculture — Regents  Scott,  Foster,  Rowell,  Hewitt,  and  Wallace. 

Medical  Instruction — Regents  Moffitt,  Crocker,  Dohrmann,  Mrs.  Hearst,  and  Rowell. 

Lick  Observatory — Regents  Dickson,  McEnerney,  Ramm,  Budd,  and  Crocker. 

Wilmerding  School — Regents  Taussig,  Earl,  and  Crocker. 

San  Diego  Marine  Biological  Laboratory — Regents  McKinley,  Wallace  and  Hyatt. 

Executive  Committee — This  committee  consists  of  the  Chairmen  of  all  other  com- 
mittees. 

HASTINGS   COLLEGE   OF   THE   LAW— UNIVERSITY  OF  CALIFORNIA, 

(Stats.  1877-78,  p.  533.) 
Located  in  S?in  Francisco. 
Founded  by  S.  Clinton  Hastings  in  1878.     Endowed  by  S.  Clinton  Hastings 
with   $100,000,   the   State   agreeing  to   pay   seven   per   centum  interest   annually. 
Transferred  to  the  Directors  and  to  the  Regents  of  the  University  in  1878. 

Directors. 
Hon.    William  H.    Beatty,    Chief    Justice  of  the    Supreme    Court,  ex-officio 

President  of  the  Board of  Sacramento 

Thomas  L  Bergin,  Esq.,  Vice-President of  San  Francisco 

James  M.  Allen,  Esq of  San  Francisco 

Perry  Evans,  Esq of  San  Francisco 

W.  C.  Van  Fleet,  Esq of  San  Francisco 

Hoyt  D.  Hastings,  Esq of  Sui^un 

Hon.  Ralph  C.  Harrison of  San  Francisco 

Warren  Olney,  Jr.,  Esq of  San  Francisco 

Charles  W.  Slack,  Esq of  San  Francisco 

MEDICAL  DEPARTMENT,   UNIVERSITY   OF   CALIFORNIA. 

Located  in  San  Francisco.     United  with  University  April  1,  1873. 

CALIFORNIA  COLLEGE  OF  PHARMACY,  UNIVERSITY  OF  CALIFORNIA. 

Located  in  San  Francisco. 
This  college  was  the  outgrowth  of  the  California  Pharmaceutical  Society,  and 
was  incorporated  August  5,  1872;  affiliated  with  the  University  May  15,  1873. 

Officers. 

Gaston  E.  Bacon President 

Franklin  Theodore  Green Secretary  and  Dean 

Richard    E.    White .* Treasurer 

Directors. 
Gaston  E.  Bacon  John  H.  Dawson  James    G.    Munson 

Val  Schmidt  Isaac  Tobriner  Richard  E.  White 

Robert    Alexander    Leet 


1222  hillyer's  legal  manual. 

SAN  FRANCISCO  INSTITUTE  OF  ART. 

(Formerly  Mark  Hopkins  Institute  of  Art.) 
Officers  and  Employees  of  the  San  Francisco  Art  Association.  < 

Directors.  i 

Vanderlynn  Stow  James   D.  Phelan  Josiah  R.  Howell 

Warren  D.  Clark  Lorenzo  P.  Latimer  Henry  Heyman 

John  I.  Walter  Charles  Templeton  Harry  W.  Seawell 

Joseph  D.  Redding  Crocker  Thomas  M.  Pennell 

Officers  of  the  Board  of  Directors. 

Vanderlynn  Stow President 

Josiah    R.    Howell First    Vice-President 

Lorenzo  P.  Latimer Second   Vice-President 

Henry   Heyman    Secretary 

John  L  Walter Treasurer 

STATE  NORMAL  SCHOOL,  SAN  JOSE. 

Established   in    1862. 

Board  of  Trustees. 

Appointed  by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate. 

Term  of  office,  four  years. 
(Pol.  Code,  §  354.) 

Hiram  W.  Johnson Governor  and  ex-officio  member  of  the  Board 

Edward  Hyatt Supt.  of  Public  Instruction,  and  ex-officio  member  of  the  Board 

STATE  NORMAL  SCHOOL,  LOS  ANGELES. 

Established  in  1882.  i 

Board  of  Trustees. 
Appointed  by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate. 

Term  of  office,  four  years. 
(Pol.  Code,  section  354.) 

Hiram  W.  Johnson Governor,  and  ex-officio  member  of  the  Board 

Edward  Hyatt.  . .  .Supt.  of  Public  Instruction,  and  ex-officio  member  of  the  Board 

Name.  Term  Expires. 

Richard  Melrose  July  1,  1914 

Geo.  I.  Cochran July  1,  1913 

James  A.  B.  Scherer   July  1,  1914 

Edwin  T.  Earl July  1,  1913 

Arthur  Letts   July  1,  1914 

STATE  NORMAL  SCHOOL,  CHICO. 

Established   in    1889. 

Board  of  Trustees. 

Appointed  by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate. 

Term  of  office,  four  years. 
(Pol.   Code,    §354.) 

Hiram  W.  Johnson Governor,  and  ex-officio  member  of  the  Board 

Edward  Hyatt.  .  .  .Supt.  of  Public  Instruction,  and  ex-officio  member  of  the  Board 

Allison  Ware Secretary 

Name.  Term  Expires. 

George  P.  Morse •, July  1,  1916 

F.    M.   Rutherford July  1,  1914 

Clifford  Coggins    i July  1,  1913 

Florence   J.    O'Brien July  1,  1914 

John  F.  Ellison July  1,  1912 


STATE   GOVERNMENT.  1223 

STATE  NORMAL  SCHOOL,  SAN  DIEGO. 

Established  March   13,   1897. 

Board  of  Trustees. 

Appointed  by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate. 

Term  of  office,  four  years. 

Hiram  W,  Johnson Governor,  and  ex-officio  member  of  the  Board 

Edward  Hyatt Supt.  of  Public  Instruction,  and  ex-officio  member  of  the  Board 

Name.  Term  Expires. 

Isidore  B.  Dockweiler July  i^  1912 

Charles  C.  Chapman July  l,'  1913 

M.  L.  Ward July  1,  1914 

Willard  B.   Thorp 

Ernest    E.    White 

Edith  Husted,  Secretary. 

STATE  NORMAL  SCHOOL,  SAN  FRANCISCO. 

Established,  1899. 

Board  of  Trustees. 
Appointed  by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate. 

Term  of  office,  four  years. 
(Pol.  Code,  §  3540 

Hiram  W.  Johnson Governor,  and  ex-officio  member  of  the  Board 

Edward  Hyatt.  . .  .Supt.  of  Public  Instruction,  and  ex-officio  member  of  the  Board 
Name.  Term  Expires. 

George  E.  Crothers Term  expires  July  1,  1916 

James   B.   Davidson 

Joseph    H,    Thompson 

P.   M.   Fisher 

F.    S.    Brittain 

STATE  NORMAL  SCHOOL,  FRESNO. 

Established  1911. 

Board  of  Trustees. 

Appointed  by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate. 

Term  of  office,  four  years. 

Hiram  W.  Johnson Governor,  and  ex-officio  member  of  the  Board 

Edward  Hyatt Supt.  of  Public  Instruction,  and  ex-officio  member  of  the  Board 

Name.  Term  Expires. 

James  Curran    May,  1913 

H.  Graff   - May,  1914 

M.    B.    Harris May,  1915 

W.  H.  Langdon May,  1912 

Irving  Martin   May.  1913 

C.  L.  McLane,  Secretary. 


1224  hillyer's  legal  manual. 

STATE    NORMAL   SCHOOL   OF   MANUAL   ARTS   AND    HOME   ECONOMICS, 

SANTA  BARBARA. 

Established  in  March,  1909. 

Board  of  Trustees. 

Appointed  by  the  Governor.     Term,  four  years. 

(Stats.  1909,  c.  471,  p.  795.) 

Hiram  W.  Johnson Governor,  and  ex-officio  member  of  the  Board 

Edward  Hyatt Supt.  of  Public  Instruction,  and  ex-officio  member  of  the  Board 

Name.  Term  Expires. 

Clio  L.  Lloyd April  26,  1913 

Charles  A.   Edwards April  26,  1915 

Jarret  T.  Richards April  26,  1915 

Thomas  R.  Bard April  26,  1914 

A.    Bonnheim April  26,  1914 

CALIFORNIA  POLYTECHNIC  SCHOOL,  SAN  LUIS  OBISPO. 
Board  of  Trustees. 

Appointed  by  the  Governor.     Term,  four  years. 
(Stats.  1901,  p.  115.) 

Hiram  W.  Johnson Governor,  and  ex-officio  member  of  the  Board 

Edward  Hyatt. ..  .Supt.  of  Public  Instruction,  and  ex-officio  member  of  the  Board 
Name.  Term  Expires. 

Archibald   McNeil,   President October  3,  1914 

Wm.  Shipsey,  Vice-President March  2,  1915 

E.  J.  Wickson October  3,  1914 

Edward  Simpson March  2,  1915 

Warren  M.  John June  7,  1916 

CALIFORNIA  INSTITUTION  FOR  THE  DEAF  AND  THE  BLIND. 

Established  1860. 

Board  of  Directors. 

Appointed  by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate. 

Term,  four  years. 
Name.  Term  Expires. 

George  W.  Reed,  President , March  11,  1914 

Walter  J.  Mathews,  Vice-President February  1,  1913 

Wiggington  Creed March  25,  1913 

Melvin   C.    Chapman March  25,  1913 

J.   Arthur   Elston March  25,  1913 

INDUSTRIAL  HOME  OF  MECHANICAL  TRADES  FOR  ADULT  BLIND. 

Boaxd  of  Directors. 
Appointed  by  the  Governor.     Term  at  pleasure  of  Governor. 

John  P.  Irish,  President Oakland 

J.  W.  Scott East  Oakland 

Warren   Olney,   Sr Oakland 

Geo.   E.   Randolph Oakland 

H.  C.  Capwell Oakland 


STATE   GOVERNMENT.  1225 


STATE  HOSPITALS. 

STATE  COMMISSION  IN  LUNACY. 

Created  in  1897. 

Amended  Stats.  1903,  p.  485.     Reorganized  Stats.  1909,  pp.  56-78. 

Hiram  W.  Johnson,  President Governor 

J'raiik  C.  Jordan 'V.'.V.V.  Secretary  of  State 

U.  S    Webb . .      Attorney  General 

±.  W.  Hatch,  M.  D General  Superintendent  of  State  Hospitals 

F.  W.  Hatch,  M.  D.  (R.),  General  Superintendent  of  State  Hospitals.     Appointed 

by  Governor.     Term  of  office,  four  years;  expires  March  18,  1913. 

E.  S.  Birdsall,   Secretary   of   Commission.     Appointed   by   Commission.     Term   of 

office,  four  years. 

STOCKTON  STATE  HOSPITAL. 

Postoffice    address,    Stockton,    California.     Created    April    30,    1851. 

Board  of  Managers. 

Appointed  by  the  Governor.     Term,  four  years. 

Stats.  1897,  p.  316;  1903,  p.  485.     Reorganized,  Stats.  1909,  pp.  56-78. 

Name.  Term  Expires. 

Charles  D.  Fontana,  President May  27,  1913 

F.  J.  Dietrich May  27,  1913 

J.  C.  McLeod May  27,  1913 

W.   B.    Nutter May   27,    1913 

Dr.  Ellis  Harbert July  30,  1916 

NAPA  STATE  HOSPITAL. 

Postoffice,   Napa,   California.     Created   March    27,    1872. 

Board  of  Managers. 

Appointed  by  the  Governor.     Term,  four  years. 

(Stats.  1897,  p.  316;  1903,  p.  485.     Reorganized,  Stats.  1909,  pp.  56-78.) 

Name.  Term  Expires. 

Emmett    Phillips,    President    

David    Rutherford    - . .  • 

C.  J.  Corcoran September  10,  1&16 

H.    J.    Weidenman January    16,    1916 

AGNEWS  STATE  HOSPITAL. 

Postoffice  address,  Agnew,  Santa  Clara  County,  California.     Created  March  9,  1885. 

Board  of  Managers. 
Appointed  by  the  Governor.     Term,  four  years. 
(Stats.  1897,  p.  316;  1903,  p.  485.     Reorganized,  Stats.  1909,  pp.  56-78.) 
Name.  Whence  Appointed,  Term  Expires. 

Fred  H.  Bangs,  President.  .  San  Jose December  27,  1914 

T.   S.  Montgomery San  Jose December   28,   1914 

Edward  White Watsonville December  28,  1914 

Horace  Wilson San  Francisco July  1,  1913 

Duncan  McPherson Santa  Cruz December  7,  1914 

L.  M.  Simonsen,  Secretary  and  Treasurer,  Board   of  Managers. 


1226  hillyer's  legal  manual. 

SOUTHERN   CALIFORNIA    STATE   HOSPITAL. 

Postoffice  address,  Patton,  San  Bernardino  County,  Cal.     Created  March  11,  1889. 

Board  of  Managers. 
Appointed  by  the  Governor.     Term,  four  years. 
(Stats.  1897,  p.  316;  1903,  p.  485.     Reorganized,  Stats.  1909,  pp.  56-78.) 
Name.  Term  Expires. 

E.  P.  Clarke,  President April  15,  1915 

A.    B.    Paddock April    15,    1915 

H.  McPhee December  10,  1914 

Austin  F.  Park December   8,   1914 

Lyman  M.  King,  Secretary  and  Treasurer,  Board  of  Managers. 

MENDOCINO  STATE  HOSPITAL. 

Postoffice  address,  Talmage,  California.     Created  February  20,  1899. 

Board  of  Managers. 

Appointed  by  the  Governor.     Term,  four  years. 

(Stats.  1897,  p.  316;  1903,  p.  485.     Reorganized,  Stats.  1909,  pp.  56-78.) 

Name.  Term  Expires. 

W.  A.  S.  Foster,  President June  8,  1913 

George  D.  Clark March  18,  1912 

John  L.  McNab March  18,  1912 

A.  J.  Fairbanks February  16,  1914 

A.   Hochheimer January   8,    1913 

Charles  F.  Craig,  Secretary  and  Treasurer,  Board  of  Managers. 

SONOMA   STATE   HOME. 

(Formerly  known  as  the  California  Home  for  the  Care  and  Training  of  Feeble- 

Minded    Children.) 
Postoffice  address,  Eldridge,   California.     Created  March   18,   1885. 

Board  of  Managers. 
Appointed    by   the    Governor.     Term,    four   years. 
(Stats.   1903,  p.  485.     Reorganized,  Stats.  1909,  pp.  56-78.) 
Name.  Term  Expires. 

R.  A.  Poppe,  President May  21,  1916 

C.  B.  Haven August  28,  1914 

Rev.   A.   C.   Bane November   28,    1915 

Percy    S.    King 

E.    M.    Norton May    21,    1916 

F.  A.  Cromwell,  Secretary  and  Treasurer,  Board  of  Managers. 

PUNITIVE  AND  REFORMATORY  INSTITUTIONS. 

STATE  BOARD  OF  PRISON  DIRECTORS. 

Appointed  by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate. 

(Const.,  art.  X,  §  1.)     Term,  10  years. 
Dennis  M.  Duffy  (R.),  of  San  Francisco,  President.  .Term  expires  January  12,  1920 

Tirey  L.  Ford  (R.),  of  San  Francisco Term  expires  January  12,  1914 

Warren  R.  Porter  (R.),  of  San  Francisco Term  expires  January  12,  1916 

Charles  Sonntag  (R.),  of  San  Francisco Term  expires  January  12,  1918 

Charles  L.  Neumiller  (R.),  of  Stockton Term  expires  January  12,  1922 

Clerk  of  Board,  M.  E.  Noon. 


STATE   GOVERNMENT.  1227 

Parole  Officers. 
Appointed   by   the  State   Board   of   Prison   Directors.     Term   at  Pleasure   of  the 

Board. 
Name.  Office. 

Ed    H.    Whyte Parole  Officer  and  State  Agent 

Stanley    Murray Assistant  Parole  Officer  and  State  Agent 

E.  W.  Madden Assistant  Parole  Officer  and  State  Agent 

George  W.   Conart Assistant  Parole  Officer  and  State  Agent 

Office,  Room  13,  Ferry  Building,  San  Francisco. 

STATE  PRISON  AT   SAN  QUENTIN,   CALIFORNIA. 

Postoffice  address,  San  Quentin,  Marin  County,  California. 
Officers  and  Employees. 

Name.                                                                                                                                            Office. 
James  A.   Johnston Warden 

STATE  PRISON  AT  FOLSOM. 

Postoffice  address,  Bepresa,  Sacramento  County,  California. 
Officers  and  Employees. 

Name.  Office. 

J.  J.  Smith, Acting  Warden 

WHITTIER    STATE    SCHOOL. 

Established  March  11,  1889. 

Board  of  Trustees. 

Appointed  by  the  Governor.     Term,  four  years.     No  pay. 

(Stats.  1889,  p.  111.) 
Name.  Term  Expires. 

Prescott   F.    Cogswell,   President June   6,  1916 

Benjamin   F.    Pearson May    3,  191o 

William    E.    McVey May    3,  191o 

Officers  and  Employees. 

Name.  Office. 

Fred  C.  Nelles. Superintendent 

PRESTON  SCHOOL  OF  INDUSTRY. 

Located  near  lone.     Postoffice  address,  Waterman,  Amador  County,  California. 

Board  of  Trustees. 

Appointed  by  the  Governor.     Term,  four  years.     The  board  is  classified  so  that 

the  terms  of  office  expire  successively. 

(Stats.  1893,  p.  39.)  ^     . 

Name  Term  Expires. 

Arthur  M.  Seymour /  *  • ' :  VV  "^^""l*  ?^'  itv? 

C.  N.Lathrop Appointed  March  15,  1912 

C.  H.McKenney July  1,  191o 

Officers  and  Employees. 

Office. 

Calvin^Darrack Superintendent 


1228  hillyer's  legal  manual. 

CLASSIFICATION  OF  COUNTIES  OF  CALIFORNIA. 

(Stats.  1911,  p.  97.) 

Population 

Class.                                                      County.  Census 

1910. 

1  Los  Angeles — 500,000  and  over 504,131 

2  San  Francisco — 400,000  under  500,000 416,912 

3  Alameda— 200,000  under  400,000 246,131 

4  Santa   Clara— 80,000   under   200,000 83,539 

5  Fresno— 75,000   under    80,000 75,657 

6  Sacramento — 65,000  under  75,000 67,806 

7  San  Diego— 60,000  under  65,000 61,665 

8  San  Bernardino — 55,000  under  60,000 56,706 

9  San  Joaquin— 50,000  under  55,000 50,731 

10  Sonoma— 40,000    und^r    50,000 48,394 

11  Kern— 36,000  under  40,000 37,715 

12  Tulare— 35,000  under  36,000 35,440 

13  Riverside— 34,500  under  35,000 34,696 

14  Orange— 34,000  under  34,500 34,436 

15  Humboldt— 32,000    under    34,000 33,857 

16  Contra  Costa— 31,000  under  32,000 31,674 

17  Santa  Barbara— 27,700  under  31,000 27,738 

18  Solano— 27,500  under  27,700 27,559 

19  Butte— 27,300  under  27,500 27,301 

20  San  Mateo— 26,500  under  27,300 26,585 

21  Santa   Cruz— 26,000  under  26,500 26,140 

22  Marin— 25,000  under  26,000 25,114 

23  Monterey— 24,000  under  25,000 24,146 

24  Mendocino— 23,000    under    24,000 23,929 

25  Stanislaus— 22,000  under   23,000 22,522 

26  Napa— 19,500  under  22,000 19,800 

27  San    Luis    Obispo — 19,300    under    19,500 19,383 

28  Shasta— 18,900    under    19,300 18,920 

29  Siskiyou— 18,500  under  18,900 18,801 

30  Ventura— 18,300  under   18,500 18,347 

31  Placer— 18,000  under   18,300 18,237 

32  Kings— 16,000  under    18,000 16,230 

33  Merced— 15,000  under   16,000 15,148 

34  Nevada— 14,000  under  15,000 14,955 

35  Yolo— 13,700   under    14,000 13,926 

36  Imperial— 13,000  under   13,700 13,591 

37  Tehama— 11,000  under  13,900 11,401 

38  Yuba— 10,000  under  11,000 10,042 

39  Tuolumne— 9,500  under  10,000 9,979 

40  Calaveras— 9,100  under  9,500 9,171 

41  Amador— 9,000    under    9,100 9,086 

42  Madera— 8,300    under    9,000 8,368 

43  San  Benito— 8,000  under   8,300 8,041 

44  Colusa— 7,700  under  8,000 • 7,732 

45  El  Dorado— 7,400  under  7,700 7,492 

46  Glenn— 7,000  under  7,400 7,172 

47  Inyo— 6,500   under    7,000 6,974 

48  Sutter— 6,300  under  6,500.  , 6,328 

49  Modoc— 6,000  under  6,300 6,191 

50  Lake— 5,300  under  6,000 5,526 

51  Plumas— 5,000  under  5,300 5,259 

52  Lassen— 4,500  under  5,000 4,802 

53  Sierra— 4,000  under  4,500 4,098 

54  Mariposa— 3,500   under   4,000 3,956 

55  Trinity— 3,000  under  3,500 3,301 

56  Del  Norte— 2,400  under  3,000 2,417 

57  Mono— 2,000    under    2,400 2,042 

58  Alpine— less  than  2,000 309 


COUNTY  OFFICIALS.  1229 

COUNTY  OFFICIALS. 

STATUTOKY  DEPUTIES,  SALARIES,  FEES  AND  COMMISSIONS. 
Figures  as  to  the  population  of  counties  are  taken  from  the  United  States  census 
of  1910,  and  incorporated  in  the  Political  Code  (§  4005c)  for  the  -purpose  of  classi- 
fication, as  amended  in  Statutes  of  1911,  chapter  84,  pages  97-101,  inclusive, 

ALAMEDA  COUNTY. 

Third  class. 
County  seat,  Oakland.     Area,   840  square  miles. 
Office.  Name  of  Officer. 

County  Clerk John  B.  Cook 

Sheriff Frank  Barnet 

Tax  Collector James  B.  Barber 

Treasurer M.   J.   Kelly 

Recorder G.   W.   Bacon 

Auditor E.  F.  Garrison 

District  Attorney W.  H.  L.  Hines 

Assessor Charles  F.  Horner 

Superintendent  of  Schools George  W.  Frick 

Coroner Dr.    C.    L.    Tisdale 

Public  Administrator H.  B.  Mehrmann 

Surveyor P.  A.  Haviland 

Superior  Judge F.  B.  Ogden 

Superior  Judge William  S.   Wells 

Superior  Judge T.  W.  Harris 

Superior  Judge William  H.  Waste 

Superior  Judge William   H.   Donahoe 

Superior  Judge    Everett   J.   Brown 

Court  Commissioner  ^ Clarence   Crowell 

Super  visoKS. 

Meetings  held  each  Monday. 

John  F.  Mullins,  Oakland,  Chairman. 

D.  J.  Murphy,  Livermore.  .    J.  M.  Kelley,  Oakland. 

W.  B.  Bridge,  Oakland.  F.  W.  Foss,  Berkeley. 

Police  Judges. 
Geo.    E.   Samuels,   Oakland   City,   Oak-       Robert  Edgar,  Berkeley  City,  Berkeley. 

land. 
Mortimer    Smith,    Oakland    City,    Oak-       R.  B.  Tappan,  Alameda  City,  Alameda. 

land. 

ALPINE  COUNTY. 

Fifty-eighth  class. 

County  seat,  Markleeville.     Area,  575  square  miles. 
Office.  Name  of  Officer. 

County  Clerk,  Auditor  and  Recorder   Fred  S.  Dunlap 

Sheriff  and  Tax  Collector Charles  A.  Grover 

Treasurer Charles  M.  Jackson 

District  Attorney Otto  K.  Grau* 

Assessor William  A.  Dudley 

Superintendent  of'  Schools  '.*.' Mrs.  E.  A.  Grover 

Coroner  and  Public  Administrator  K.  Heimsoth 

Surveyor   A-  ^'  ^*®J^*'* 

Superior  Judge   I^ester  T.  Price 

^Elected  1910. 


1230  HILLYER^S   LEGAL    MANUAL. 

Supervisors. 

Supervisors'  sessions   held  first  Monday  in  January,  April,  July,  October;   third 

Monday  in  July  and  September. 

Ernest  Scossa,  Fourth  District,  Woodfords,  Chairman. 

Chas.  W.  Barrett,  First  District,  Mark-       G.    P.    Merrill,    Third    District,    Wood- 

leeville.  fords. 

F.   M.   Rickey,  Second  District,  Mark-       R.  W.  Bassman,  Fifth  District,  Freder- 
leeville.  icksburg. 

John  Heimsoth,  Fifth  District,  Fredericksburg,  Justice  of  the  Peace. 

AMADOR  COUNTY. 

Forty-first  class. 
County  seat,  Jackson.     Area,  586  square  miles. 

Office.  Name  of  Officer. 

County  Clerk  and  Auditor  John  R.  Huberty 

Sheriff  and  Tax  Collector   John  S.  Davis 

Treasurer  George  A.  Gritton 

Recorder T.  M.  Ryan 

District  Attorney William  G.  Snyder 

Assessor C.  E,  Jarvis 

Superintendent  of  Schools W.  H.  Greenhalgh 

Coroner  and  Public  Administrator H.  E.  Potter 

Surveyor  Gustavo  Schrader 

Superior  Judge Fred  V.  Wood 

Supervisors. 

Meet  the  first  Monday  of  each  month. 

Lawrence  Burke,  Plymouth,  Chairman. 

John  Strohm,  First  District,  Jackson.  L.  H.  Cook,  Third  District,  Volcano. 

W.  M.  Amick,  Second  District,  lone.  D.    A.   Eraser,   Fourth   District,    Sutter 

Creek. 

BUTTE  COUNTY. 

Nineteenth  class. 
County  seat,  Oroville.     Area,  1,764  square  miles. 
Offic(,  Name  of  Officer. 

County  ClerK C.  F.  Belding 

Chief  Deputy  County  Clerk W.  R.  Riddle 

Sheriff J.  B.  Webber 

Tax  Collector   iS.  S.  Simon 

Treasurer J.  C.  Dooley 

Auditor  and  Recorder  J.  A.  Tyler 

District  Attorney   George  F.  Jones 

Assistant  District  Attorney George  F.  Le  Rossignol 

Assessor    A.  E.  Morton 

Superintendent  of  Schools Minnie  S.  Abrams 

Coroner  and  Public  Administrator   John  Wallace 

Surveyor M.    C.   Polk 

Superior  Judge   H.  D.  Gregory 

Court  Commissioner  W.  H.  White 

Supervisors. 
Board  of  Supervisors  meet  in  regular  session  on  the  first  Monday  in  each  month. 

C.  E.  Porter,  First  District,  Oroville,  R.  F.  D.  No.  2,  Chairman. 
R.  P.  Holmes,  Second  District,  Chico.  D.  H.  Evans,  Fourth  District,  Gridley. 

T.  F.  Whipple,  Third  District,  Oroville,       E.   C.   Wilson,  Fifth   District,   Oroville, 
R.  F.  D.  No.  3.  R.  F.  D.  No.  4. 

Police  Judges. 
Jas.  Lafferty,  Ophir  Township,  Oroville.     Richard  White,  Chico  Township,  Chico. 


COUNTY   OFFICIALS.  1231 

CALAVERAS   COUNTY. 

Fortieth  class. 
County  seat,  San  Andreas.     Area,  990  square  miles. 
^^««-                                                                                                                     *     Name  of  Officer. 
County  Clerk,  Auditor  and  Eecorder   A    W    Poe 

m^^"*'^  n*  ■  : ''.'.'.'.'.*.*.'.'.'.*.  Joshua  Jones 

Tax   Collector    Louis   Cademartori 

Treasurer W.  H.  SteflBer 

District  Attorney   john  Hancock 

Assessor W.  M.  Nuner 

Superintendent  of  Schools   Frank  C.  Wells 

Coroner  and  Public  Administrator    Jos.  E.  Prince 

Surveyor    W.'  S.  Coulter 

Superior  Judge    John  Hancock 

Superior  Judge   Fred  V.  Wood 

Court  Commissioner   Edward  Casey 

Probation  Officer Edward  Casey 

Supervisors. 

Meetings  of  Supervisors  held  first  Monday  of  each  month. 

R.   V.  March,  Burson,   Chairman. 

J.  E.  Holland,  Murphys.  Edmund  Stocker,  Fosteria. 

James  B.  Lundy,  San  Andreas.  W.  N.  Garland,  Angels  Camp. 

COLUSA  COUNTY. 

Forty-fourth  class. 
County  seat,  Colusa.     Area,  1,080  square  miles. 

Office.  Name  of  Officer. 

County  Clerk  and  Recorder W.  J.  King 

Sheriff   CD.  Stanton 

Tax  Collector Ed  W.  Tennant 

Treasurer E.  R.  Graham 

Auditor J.  F.  Rich 

District  Attorney  Seth  Millington 

Assessor   A,  F.  Sutton 

Superintendent  of  Schools  F.  M.  Rhodes 

Coroner  and  Public  Administrator J.  D.  McNary 

Surveyor    J.   W.   Kaerth 

Superior  Judge   H.  M.  Albery 

John  B.  Moore  also  acts  as  Police  Judge  for  the  town  of  Colusa. 

Supervisors. 
Meetings  of  board  held  first  Monday  of  each  month. 
T.  D.   Cain,   College   City,  Chairman. 
P.  V.  Berkey,  Colusa.  H.  H.  Harlan,  Williams. 

J.  H.  Kilgore,  Colusa.  J.  F.  Campbell,  Colusa. 

CONTRA  COSTA  COUNTY. 

Sixteenth   class. 
County  seat,  Martinez.     Area,  750  square  miles. 
Office.  Name  of  Officer. 

County  Clerk J.  H.  Wells 

Sheriff   R.  R-  Veale 

Tax   Collector    M.   W.   Joost 

Treasurer L-  N.  Buttner 

Recorder M.  H.  Hurley 

Auditor   A.  N.  Sullenger 

District  Attorney   A.  B.  McKenzie 


1232  hillyer's  legal  manual. 

Assessor   G.  O.  Meese 

Superintendent  of  Schools   W.  H.  Hanlon 

Coroner  C.  L.  Abbott 

Public  Administrator    C.  E.   Dale}' 

Surveyor    Elam   C*  Brown 

Superior  Judge  .R.  H.  Latimer 

Supervisors. 
Regular  meetings,  first  Monday  in  each  month. 
J.  H.  Trythall,  Fifth  District,  Antioch,  Chairman. 
Warren  H.  McBride,  Richmond.  Vincent  Hook,  Third  District,  Concord. 

J.    P.     Casey,     Second     District,     Port       W.  J.  Buchanan,  Fourth  District,  Pitts- 
Costa,  burg. 

DEL  NORTE   COUNTY. 

Fifty-sixth  class. 
County  seat.  Crescent  City.     Area,  1,546  square  miles. 
Office.  Name  of  Officer. 

County  Clerk  W.  L.  Nichols 

Sheriff A.  J.  Huffman 

Tax  Collector W.  T.  Breen 

Treasurer   D.  W.  Rice 

Auditor  and  Recorder  N.  G.  McVay 

Assessor W.  F.  Malone 

District  Attorney E.  C.  Hersch 

Superintendent  of  Schools J.  M.  Hamilton 

Coroner  and  Public  Administrator    J.  A.  Tyler 

Surveyor R.  I>.  Cooper 

Superior  Judge   J.  L.   Childs 

Court  Commissioner Geo.  W.  Howe 

Supervisors. 

Board    meets   second    Monday   in    each    month. 

Frank  V.  Vincent,  Third  District,  Smith  River,  Chairman. 

West   Duley,    First    District,    Crescent       Thomas  Peacock,  Fourth  District,  Cres- 

City.  cent  City. 

W.  W.  McLaren,  Second  District,  Cres-       Frank  Laduron,  Fifth  District,  Crescent 
cent  City.  City. 

EL   DORADO   COUNTY. 

Forty-fifth  class. 

County  seat,  Placerville.     Area,  1,891  square  miles. 
Office.  Name  of  Officer. 

County  Clerk  and  Auditor Ted  C.  Atwood 

Recorder    Charles  E,  Marsh 

Sheriff  and  Tax  Collector   Chas.  E.  Hand 

Treasurer  Guy  E.  Wentworth 

District  Attorney    Geo.   H.   Thompson 

Assessor    ..George    Rieber 

Superintendent  of  Schools S.  B.  Wilson 

Coroner  and  Public  Administrator George  Ruoff 

Surveyor    Clifton   H.   Wildman 

Superior  Judge    N.   D.   Arnot 

Supervisors. 

Board  meets  first  Monday  in  each  month. 

J.  J.  Bayne,  Coloma,  Chairman. 

P.  F.  Morgan,  Georgetown.  John  C.  Akin,  Placerville. 

J.  S.  Creighton,  Smiths  Flat.  John    Wall,    Placerville. 


COUNTY   OFFICIALS.  1233 

FRESNO  COUNTY. 

Fifth    class. 
County  seat,  Fresno.     Area,  5,696  square  miles. 
Office.  Name  of  Officer. 

County  Clerk   D.  M.   Barnwell 

Sheriff W.  S.  McSwain 

Tax    Collector    A.    B.    Smith 

Treasurer    j.   R.   Hickman 

Kecorder R.  N.  Barstow 

Auditor , H.  E.  Barnum 

District  Attorney M.  F.  McCormick,  vice  D.  S.  Church,  resigned 

Assessor   G.  P.  Cummings 

Superintendent  of  Schools •. E.  W.  Lindsay 

Coroner W.  A.  Bean 

Public  Administrator   Geo.  R.  Andrews 

Surveyor   Scott  McKay 

Superior  Judge    H.  Z.  Austin 

Superior  Judge    Geo.  E.  Church 

Supervisors. 

Regular  meeting  of  board,  first  Monday  of  each  month  at  2  o'clock  P.  M. 

Chris.  Jorgensen,   Fresno,   Chairman. 

J.  B.  Johnson,  Ftesno.  Thos.  Martin,  Fresno. 

M.  D.  Huffman,  Fresno.  W.  A.  Collins,  Fresno. 

Herbert  F.   Briggs,  Police  Judge,   City   of  Fresno,  Fresno. 

Geo.  B.  Graham,  City  Justice,  City  of  Fresno,  Fresno. 

GLENN  COUNTY. 

Forty-sixth  class. 
County  seat.  Willows.     Area,  1,460  square  miles. 
Office.  Name  of  Officer. 

County  Clerk   : W.  H.  Sale 

Sheriff  and  Tax  Collector J.  A.  Bailey 

Treasurer J.  W.  Monroe 

Auditor  and  Recorder   M.  Golden 

District  Attorney Claude  F.  Purkitt 

Assessor ; W.  H.  Markham 

Superintendent  of  Schools    S.  M.  Chaney 

Coroner  and  Public  Administrator  Joseph  M.  Reidy 

Surveyor   . Luther  C.  Stiles 

Superior  Judge William  M.  Finch 

Supervisors. 
Meetings  first  Monday  of  each  month.     Law  and  motion  day,  every  Monday. 
H.  D.  Wylie,  Fifth  District,  Butte  City,  Chairman. 
P.  O.  Elbe,  First  District,  Glenn.  J.  S.  Sale,  Third  District,  Winslow. 

David  Brown,  Second  District,  Orland.         Seth  W.  Stanton,  Fourth  District,  Nor- 
man. 

Town  Recorder. 
L.  P.  Farnham,  Willows. 
78 


1234 

HUMBOLDT    COUNTY. 

Fifteenth    class. 
County  seat,  Eureka.     Area,  3,507  square  miles. 
Office.  Name  of  Officer. 

County  Clerk  Geo.  W.  Cousins 

Sheriff   R.  A.  Redmond 

Tax  Collector J.  M.  Mellendy 

Treasurer j.  E.  Hodgson 

Eecorder   .• T.  W.  Richmond 

Auditor   T.  K.   Carr 

District  Attorney  Kenneth  Newett,  Jr. 

Assessor   E.N.  Tooby 

Superintendent  of  Schools George  Underwood 

Coroner  and  Public  Administrator .H.  A.  Hansen 

Surveyor Geo.  W.  Conners 

Superior  Judge George  D.  Murray 

jrior  Judge   Clifton  H.   Connick 


Supervisors. 
Regular  meetings,  second  Monday  of  each  month. 
Geo.  W.  Williams,  Second  District,  Fortuna,  Chairman. 
George    Hindley,    First    District,    Fern-       E.  J.  Frost,  Fourth  District,  Eureka. 

dale.  Rasmus    Anderson,   Fifth    District,    Ar- 

Daniel  A.  Baldwin,  Third  District,  Blue  cata. 

Lake. 

IMPERIAL  COUNTY. 

Thirty-sixth  class. 
County  seat.  El  Centro.     Area,  4,316  square  miles. 
Office.  Name  of  Officer. 

County  Clerk Major  S.  Cook 

Sheriff   Mobley  Meadows 

Tax  Collector J.  V.  Wachtel 

Treasurer J.   S.  Brown 

Auditor W.   D.   Garey 

Recorder    John    Norton 

Assessor .Wiley  M.  Weaver 

District  Attorney  P.  D.  Swing 

Superintendent  of  Schools  L.  E.  Cooley 

Coroner   F.  W.  Peterson 

Public  Administrator .  G.  S.  Helms 

Surveyor C.  N.  Perry 

Superior  Judge   Franklin  J.  Cole 

Court  Commissioner    F.  G.  Havens 

Supervisors. 
Meetings,  first  Monday  in  each  month. 
John  J.  Carr,  Chairman,  Imperial,   Cal. 

John  E.  Boyce,  First  District,  Calexico. ,  Third  District. 

Arthur   Shepard,    Second    District,    El       W.  F.   Beal,  Fourth   District,  Brawley, 
Centro.  Cal. 

Ed  E.  Boyd,  Holtville. 


Recorders. 
T.  N.  Blaise,  Brawley.  A.  R.  MacDonald,  Holtville. 

C.  W.  Brown,  Imperial  City.  R.  L.  Glasby,  Calexico. 

I.  Mavfield,  El  Centro. 


i 


COUNTY   OFFICIALS.  1235 

INYO  COUNTY. 

Forty- seventh  class. 
County    seat,    Independence.     Area,    10,224    square    miles. 
Office.  Name  of  Officer. 

County  Clerk,  Auditor  and  Kecorder  W.  L.  Hunter 

Sheriff V.'.V.c'  a'.  Collins 

Tax  Collector   C.  I.  Mac  Farlane 

Treasurer A.  P.  Mairs 

District  Attorney   Frank  C.  Scherrer 

Assessor    W.   W.   Yandell 

Superintendent  of  Schools   , Mrs.  M,  A.  Clarke 

Coroner  and  Public  Administrator   H.  H.  Robinson 

Surveyor B.  E.  Sherwin 

Superior  Judge  Wm.  D.  Dehy 

Supervisors. 
E.    W.    Thomas,   Chairman,   Third   District. 
N.  J.  Cooley,  First  District.  John  Lubkin,  Fourth  District. 

W.  R.  Ford,  Second  District.  Silas  H.  Reynolds,  Fifth  District. 

KERN  COUNTY. 

Eleventh    class. 
County  seat,  Bakersfield.     Area,  8,159  square  miles. 
Office.  Name  of  Officer. 

County  Clerk I.  L.  Miller 

Sheriff   T.  A.  Baker 

Tax  Collector    Charles  E.   Day 

Treasurer   Jeremiah  Shields 

Recorder Charles  A.  Lee 

Auditor S.  A.  Woody 

District  Attorney   Rowen  Irwin 

Assessor   J.  M.  Jameson 

Superintendent  of  Schools Robert  L.  Stockton 

Coroner  and  Public  Administrator   W.  A.  McGinn 

Surveyor    M.    W.    Bufl&ngton 

Superior  Judge  Jackson  W.  Mahon 

Superior  Judge   Milton  T.  Farmer 

Superior  Judge    Howard   A,  Peairs 

Court  Commissioner   T.  F.  Allen 

Supervisors. 

Meetings,  first  Monday  of  each  month. 

H.   A.  Jastro,  Chairman,  Bakersfield. 

Chas.  F.  Bennett,  First  District,   Cali-       J.  O.  Hart,  Third  District,  Bakersfield. 

ente.  J.    M,    Bush,   Fourth    District,    Bakers- 

L.  F.  Brit,  Second  District,  Tehachapi.  field,  R.  F.  D.  No.  2. 

KINGS  COUNTY. 

Thirty-second    class. 
County  seat,  Hanford.     Area,  1,375  square  miles. 
Office.  Name  of  Officer. 

County  Clerk   Francis  Cunningham 

Sheriff  ;;-^  ?^  ^JI'"^'" 

Tax  Collector M-  B.  Washburn 

Treasurer   J^'V'  f""^*™ 

Recorder    J-  ^-  ^S^™»° 

Auditor   •  •  V^u^V  ^* 

District  Attorney    J-  ^-  ^'  ^^^^^ 


1236 

Assessor G.  W.  Murray- 
Superintendent  of  Schools Nannie  E.  Davidson 

Coroner  and  Public  Administrator J.  C.  Rice 

Surveyor  A.J.  Nielsen 

Superior  Judge    M.  L.  Short 

Court   Commissioner    Robt.    W.   Miller 

Supervisors. 

Regular  meetings,  first  Monday  in   each  month. 

J.  E.  Hall,  Chairman,  Hanford. 

Frank  Blakeley,  Lemoore.  W.  T.  Vaughan,  Hanford. 

J.  M.  McClellan,  Hanford.  A.  F.  Smith,  Hanford. 

City  Recorders. 
A.  M.  Ashley,  Hanford  Edward  Erlanger,  Lemoore. 

LAKE   COUNTY. 
Fiftieth   class. 
County  seat,  Lakeport.     Area,  1,332  square  miles. 
Office.  Name  of  Officer. 

County  Clerk   Shaf ter  Mathews 

Sheriff  Lyon  Eraser 

Tax  Collector F.  R.  Farrier 

Treasurer    P.  T.  Boone 

Recorder  J.  W.  Beck 

Auditor B.  J.  Turner 

District  Attorney C.  M.  Crawford 

Assessor Fred  H.  Merritt 

Superintendent  of  Schools Hettie  Irwin 

Coroner  and  Public  Administrator Mark  Mathews 

Surveyor D.  F.  Mclntire 

Superior  Judge M.  S.  Sayre 

Supervisors. 

Meetings,  first  Monday  in  each  month. 

Thomas    Patten,    Chairman,    Fourth    District,    Lakeport. 

T.  A.  Read,  First  District,  Middletown.       C.    W.   Phillips,   Third   District,   Upper 

J.  M.  Adamson,  Second  District,  Lower  Lake. 

Lake.  J.  S.  Kelsay,  Fifth  District,  Kelseyville. 

LASSEN  COUNTY. 

Fifty-second  class. 

County  seat,  Susanville.     Area,  4,750  square  miles. 
Office.  Name  of  Officer. 

County  Clerk  Geo.  E.  Bassett 

Sheriff A.    C.    Hunsinger 

Treasurer  and  Tax  Collector  W.  W.  Sharp 

Auditor  and  Recorder  G.  B.  Bailey 

District  Attorney   G.  P.  Johnson 

Assessor    N.  V.  Wemple 

Superintendent  of  Schools   W.  B.  Philliber 

Coroner  and  Public  Administrator A.  K.  Philbrook 

Surveyor    Thad    McKay 

Superior  Judge    H.   D.   Burroughs 

Court  Commissioner    Geo.  N.  McDow 


COUNTY   OFFICIALS.  1237 

SUPERVISOES. 

Sessions,  first  Monday  in  January,  March,  May,  July;  third  Monday  in  September, 
and  second  Monday  in  November. 
George  B.  Leavitt,  Chairman,  Second  District,  Clinton. 
Geo.  K  McDow,  First  District,  Susan-       H.  E.  Wood,  Fourth  District,  Bieber. 

ville.  W.  C.  Brockman,  Fifth  District,  Brock- 

J.     H.     McClelland,     Third      District,  man. 

Standish. 

LOS  ANGELES  COUNTY. 
First   class. 
County  seat,  Los  Angeles.     Area,  4,000  square  miles. 
Office.  Nj^me  of  Officer. 

County  Clerk   Harry  J.  Lelande 

Sheriff Wm.  A.  Hammel 

Tax  Collector   W.  O.  Welch 

Treasurer John  N.  Hunt 

Recorder Charles  L.  Logan 

Auditor    Walter   A.   Lewis 

District  Attorney J.  D.  Fredericks 

Assessor    Ed.   W.   Hopkins 

Superintendent  of  Schools  Mark  Keppel 

Coroner Calvin   Hartwell 

Public   Administrator    Frank   Bryson 

Surveyor   Ivory  B.  Noble 

Fish  and  Game  Warden  Ben  W.  Powers 

Superior  Judge   Frank  G.  Finlayson 

Superior  Judge James  C.  Rives 

Superior  Judge   Frederick  W,  Houser 

Superior  Judge Charles  Wellborn 

Superior  Judge Nathaniel  P.  Conrey 

Superior  Judge Charles  Monroe 

Superior  Judge    John    W.   Shenk 

Superior  Judge    Lewis  R.  Works 

Superior  Judge   Grant  Jackson 

Superior  Judge   Willis  W.  Meyers 

Superior  Judge   Fred  H.  Taft 

Supervisors. 

Meetings,  first  Monday  each  week. 

R.  W.  Pridham,  Chairman,  350  El  Centro,  South  Pasadena. 

C.  D.  Manning,  1819  E.  Colorado,  Pasa-       S,  A,  Butler,  601  Coronado  street,  Los 

flera.  Angeles. 

R.  H.  Horton,  335  W.  Twenty-seventh       W.  E.  Hinshaw,  331  Seaside  boulevard, 
street,  Los  Angeles.  Long  Beach. 

MADERA   COUNTY. 

Forty-second  class. 

County  seat,  Madera.     Area,  2,140  square  miles. 
Office.  Name  of  Officer, 

County  Clerk W.  R.  Curtain 

Sheriff S.  W.  Westfall 

Tax  Collector C.  F.  Preciado 

Treasurer    N.    L.    Borden 

Recorder    W.  A.   Smith 

Auditor A.  S.  Honeycutt 

District  Attorney W.  H.  Larew 

Assessor  C.  F.  Bonner 

Superintendent  of  Schools   Craig  Cunningham 

Coroner  and  Public  Administrator '. R.  C.  Jay 

Surveyor   F.  E.  Smith 

Superior  Judge W.  M.  Conley 

Court  Commissioner R.  E.  Rhodes 


1238  hillyer's  legal  manual. 

Supervisors. 
Meetings,   first   Monday   in    each    month,    except    September,   which    is   the    third 

Monday. 

W.  A.  Ellis,  O'Neals,  Chairman. 

F.  D.  Brown,  Minturn.  J.  P.  Galeener,  Madera. 

C.  A.  Clark,  Madera.  E.  L.  Wood,  Raymond. 

MARIN  COUNTY. 

Twenty-second  class. 
County  seat,  San  Rafael.     Area,  516  square  miles. 
Office.  Name  of  Officer. 

County  Clerk    Robert  E.   Graham 

Sheriff    J.   J.   Keating 

Recorder    F.   S.   Holland 

Auditor   E.  J.  Connell 

Treasurer    T.  J.  Fallon 

Tax  Collector   J.  A.  Saunders 

Assessor P.   H.   Cochrane 

District  Attorney  Thomas  P.  Boyd 

Superintendent  of  Schools   J.  B.  Davidson 

Coroner  and  Public  Administrator F.  E.  Sawyer 

Surveyor   ; George  L.  Richardson 

Superior  Judge  Edgar  T.  Zook 

Supervisors. 

Board   meets   the  first  Monday  of   each  month. 

G.  Pacheco,  Chairman,  Fifth  District,  Ignacio  P.  O. 

M.    J.     Pedrotti,     First     District,     San       C.  J.  Gardner,  Third  District,  Mill  Val- 

Rafael.  ley. 

M.  Burke,  Second  District,  San  Rafael.       Henry  Goudy,  Fourth  District,  Tomales. 

MARIPOSA   COUNTY. 

Fifty-fourth  class. 

County  seat,  Mariposa.     Area,  1,580   square  miles. 
Office.  Name  of  Officer. 

County  Clerk W.   E.   Gallison 

Sheriff Robert  A.  Prouty 

Tax  Collector D.  E.  Bertken 

Treasurer S.   P.    O.    Counts 

Recorder  and  Auditor J.  W.  Pratt 

District   Attorney R.   B.   Stolder 

Assessor F.   A.  Bondshu 

Superintendent  of  Schools John  L.  Dexter 

Coroner  and  Public  Administrator D.  E.  Johnson 

Surveyor S.    J.    Harris 

Superior  Judge J.  J.  Trabucco 

Supervisors. 
Regular  meetings  of  board,  first  Monday  in  January,  February,  March,  April, 
May,   June,  July,   October;   second   Monday   of   November   and   December;    third 
Monday  of  September. 

C.  I.  Mentzer,  Coulterville,  Chairman. 
T.  M.  Farnsworth,  Mariposa.  H.  W.  Cornett,  Cathay. 

J.  W.  Collins,  Hornitos.  C.  L.  Bothe,  Mariposa. 


COUNTY   OFFICIALS.  1239 

MENDOCINO  COUNTY. 

Twenty-fourth  class. 
County  seat  Ukiah.     Area  3,400  square  miles. 
Office.  Name  of  Officer. 

County  Clerk Hale  McCowen 

Sheriff E.  R.  Byrnes 

Tax  Collector W.  S.  Van  Dyke 

Treasurer G.   A.   Johnson 

Recorder E.  E.  Holbrook 

Auditor Jennie  J.  Mathews 

District  Attorney R.   Duncan 

Assessor W.    H.    Gibson 

Superintendent  of  Schools L.  W.  Babcock 

Coroner  and  Public  Administrator John  Taylor 

Surveyor D.   G.   Redwine 

Superior  Judge J.  Q.  White 

Court   Commissioner J.   C.   Ruddock 

Supervisors. 
A.  J.  Fairbanks,  Willits,  Chairman. 
W.  H.  Ross,  Fort  Bragg.  J.  W.  Harris,  Hopland. 

F.  W.  Reynolds,  Point  Arena.  E.  M.  Ford,  Ukiah. 

MERCED  COUNTY. 
Thirty-third  class. 
County  seat,  Merced.     Area,  1,750  square  miles. 
Office.  Name  of  Officer. 

County  Clerk P.  J-  Thornton 

Sheriff S.   C.   Cornell 

Tax  Collector W.  H.  Wegner 

Treasurer (>•  W.  Kibby 

Recorder C.  B.  Harrell 

Auditor I^.  R-  JoJ^!?^ 

District  Attorney ^^  ».  Shaffer 

Assessor ^-  ^-  Plough 

Superintendent'  of  Schools Margaret  Sheehy 

Coroner  and  Public  Administrator G-  E.  Nordgren 

Surveyor -A-  E.  Cowell 

Superior    Judge E.    K    Rector 

Supervisors. 
Regular  meetings  of  the  Board  of  Supervisors,  first  Monday  after  the  first  day 
of  January;  first  Monday  of  February,  March,  April,  May,  June,  July,  August; 
third  Monday  of  September;  first  Monday  after  first  Tuesday  of  November,  and 
first  Monday  of  December. 

T.  H.  Scandrett,  Merged,  Chairman. 
D.  K.  Thornton,  Planada.  H.  G.  Peck,  Atwater. 

G.  H.  Whitworth,  Newman.  C.  S.  Cothran,  Los  Banos. 

MODOC  COUNTY. 

Forty-ninth  class. 
County  seat,  Alturas.     Area,  4,097  square  miles.       ^^^^^^^0^^^^ 

^       ,^^T\  r's.  Smith 

County  Clerk ^    ^    ^^^^^ 

Sheriff. •  •  •  •  • ^    L.   Sloss 

Tax  Collector g  ^  Pepperdine 

Treasurer... r^    h.    Ballard 

Recorder   and  Auditor 


1240  hillyer's  legal  manual. 

District    Attorney C.    S.    Baldwin 

Assessor D.  E.  Mulkey 

Superintendent  of  Schools Nettie  B.  Harris 

Coroner  and  Public   Administrator .Thomas   Frawley 

Surveyor Henry  S.  Hawkins 

Superior  Judge Clarence  A.  Raker 

Supervisors. 
Meetings  of  the  Board,  first  Monday  in  January,  third  Monday  in  February, 
first  Monday  in  April,  third  Monday  in  May,  first  Monday  in  July,  third  Monday 
in  August,  first  Monday  in  October,  third  Monday  in  November. 

J.  B.  Estes,  Fourth  District,  Alturas,  Chairman. 
Ira  S.  Cannon,  Fifth  District,  Alin.  Jesse   Parman,  Second  District,  Eagle- 

ville. 
John  Wall,  First  District,  Fort  Bidwell.       S.  W.    Miller,    Third    District,    Willow 

Ranch. 

MONO  COUNTY. 

Fifty-seventh  class. 
County  seat,  Bridgeport.     Area,  2,796  square  miles. 
Office.  Name  of  Officer. 

County   Clerk,  Auditor  and   Recorder Geo.    Delury 

Sheriff J.   P.    Dolan 

Tax  Collector ' James  Glenn 

Treasurer J.  W.  Towle 

District    Attorney P.    R.    Parker 

Assessor James  Borland 

Superintendent    of    Schools Cordelia    E.    Hays 

Coroner  and  Public  Administrator John  J,  Welch 

Surveyor Joseph  Markert 

Superior  Judge J.   D.   Murphey 

Supervisors. 
Meetings  held  first  Monday  of  January,  April,  July,  and  third  Monday  in  Sep- 
tember of  each  year. 
J.  M.  Donohue,  Bodie,  Chairman. 
M.  P.  Hayes,  Bridgeport.  Frank  Pellissier,  Benton. 

J.  P.  Hammond,  Mono  Lake.  C.  W.  Rickey,  Topaz. 

MONTEREY  COUNTY. 

Twenty-third  class. 

County   seat,    Salinas.     Area,    3,450    square    miles. 
Office.  Name  of  Officer. 

County  Clerk T.  P.  Joy 

Sheriff W.  J.  Nesbitt 

Tax  Collector J.  E.  Hunter 

Treasurer James  Taylor 

Recorder P.  W.  Soto 

Auditor Allen   McLean 

District  Attorney F.  W.  Sargent 

Assessor .W.  J.  Smith 

Superintendent  of  Schools A.  J.  Hennessy 

Coroner  and  Public  Administrator J.   A.   Pell 

Surveyor Lou   G.   Hare 

Superior  Judge B.  V.  Sargent 


COUNTY   OFFICIALS.  1241 

Supervisors. 

Regular  meetings,  first  Monday  in  every  month. 

Wm.  Casey,  Fourtli  District,  San  Lucas,  Chairman. 

J.  L.  Mann,  First  District,  Watsonville.       D.   P.    Talbott,    Third    District,    King 

City. 
H.  E.  Abbott,  Second  District,  Salinas.       J.  L.  D.  Roberts,  Fifth  District,  Seaside. 

Police  Judge. 
David  Wallace,  of  Salinas  City. 

NAPA  COUNTY. 

Twenty-sixth  class. 
County  seat,  Napa.     Area,  800  square  miles. 
Office.  Name  of  Officer. 

County  Clerk N.  W.  Collins 

Sheriff E.  A.  Kelton 

Tax  Collector F.  G.  Easterby 

Treasurer W.  A.  Trubody 

Recorder  and  Auditor H.  L.  Gunn 

District  Attorney Nathan  F.  Coombs 

Assessor ; Robert    Corlett 

Superintendent  of  Schools Margaret  M.  Melvin 

Coroner   and   Public    Administrator Walter    S.    Brownlee 

Surveyor O.  H.  Buckman 

Superior  Judge Henry  C.  Gesf ord 

Court    Commissioner Charles   E.   Trower 

Official  Court  Reporter H.  B.  Whitton 

Supervisors. 
Regular  meeting  of  Board  second  Monday  in  each  month. 
B.  Bruck,  St.  Helena,  Chairman. 
C.  H.  Wassum,  Monticello.  S.  J.  Webber,  Yountville. 

W.  F.  Alexander,  Napa.  Jasper  Partrick,  Napa. 

NEVADA  COUNTY. 
Thirty-fourth  class. 
County  seat,  Nevada  City.     Area,  982  square  miles. 
Office.  Name  of  Officer. 

County    Clerk    and    Auditor George    Cougelan 

Sheriff H.  R.  Walker 

Tax  Collector  and  Treasurer Thomas  F.  Hogan 

Recorder S.  J.  Clark 

District    Attorney F.    L.    Abrogast 

Assessor H.  C.  Schroeder 

Superintendent  of  Schools R.  J-  Fitzgerald 

Coroner ^-  ^^^^ 

Public  Administrator Frank  Kendrick 

Surveyor F.  M.  Miller 

Superior  Judge" George  L.  Jones 

Supervisors. 
The  Board  of  Supervisors  meet  on  the  first  Monday  of  January,  April,  July  and 

October. 
C.  J.  Miller,  Second  District,  Grass  Valley,  Chairman. 
R.    A.    Eddy,    First    District,    Nevada       W.  H.  Davey,  Fourth  District,  Rough 
Township,  Nevada  City.  and   Ready   and   Bridgeport   Town- 

P.  H.  Brophy,  Third  District,  Washing-  ships,  Smartsville. 

ton,  Eureka  and  Bloomfield  Town-       John  Fay,  Fifth  District,  Meadow  liake 
ships.  North  Columbia.  and       Little       York       Townships, 

Truckee. 


1242  HILLYER^S   LEGAL    MANUAL. 

ORANGE  COUNTY. 

Fourteenth  class. 

County  seat,   Santa  Ana.     Area,  780  square  miles. 
Office.  Name  of  Officer. 

County  Clerk W.  B.  Williams 

Sheriff C.  E.  Ruddock 

Tax  Collector J.  C,  Lamb 

Treasurer J.  C.  Joplin 

Recorder George  E.  Peters 

Auditor Cal  D.  Lester 

District  Attorney L.  A.  West 

Assessor James  Sleeper 

Superintendent  of  Schools R.  P.  Mitchell 

Coroner  and  Public  Administrator T.  A.  Winbigler 

Surveyor J.  L.  McBride 

Superior  Judge Z.  B.  West 

Superior  Judge W.  H.  Thomas 

Court  Commissioner C.  A.  Kingston 

Supervisors. 
Supervisors'  meeting,  first  Tuesday  in  each  month. 
T.  B.  Talbert,  Huntington  Beach,  Chairman. 
William  Schumacher,  Buena  Park.  H.  E.  Smith,   Santa   Ana. 

Fred  W.  Struck,  Orange.  Jasper  Leek,  Tustin. 

PLACER  COUNTY. 

Thirty-first  class. 
County  seat.  Auburn.     Area,  1,484  square  miles.  i 

Office.  Name  of  Officer. 

Assessor Charles    Keena 

Auditor O.  F.   Seavey 

Coroner J.  B.  Bisbee 

County  Clerk Marshall  Z.  Lowell 

District  Attorney Geo.  W.  Hamilton 

Public    Administrator J.    G.    Bisbee 

Recorder Ivan    H.    Parker 

Sheriff George  McAulay 

Superintendent  of  Schools P.  W.  Smith 

Superior  Judge J.  E.  Prewett 

Surveyor L.  R.  Warner 

Tax   Collector Chas.    Keena 

Treasurer George  C.  West 

Court  Commissioner B.  F.  Gwynn 

Supervisors. 
Board  of  Supervisors  meets  first  Monday,  and  Tuesday  following,  each  month. 
Wm.  Haman,  First  District,  Roseville,  Chairman. 
James    J.     Brennan,     Second    District,       C.    A.    Geisendorfer,    Fourth    District, 

Loomis.  Weimar. 

George     P.     Collins,     Third     District,       C.  D.  McKinley,  Fifth  District,  Forest 
Auburn.  Hill. 


COUNTY   0FFICIA1.S.  1243 

PLUMAS  COUNTY. 

Fifty-first  class. 
County  seat,  Quincy.     Area,  2,361  square  miles. 
Office.  Name  of  Officer. 

County  Clerk  and  Auditor H.  P.  McBeth 

Sheriff D.  J.  Robertson 

Tax  Collector L.  P.  Mori 

Treasurer J.  F.  Spooner 

Recorder Leon  L.  Clough 

District  Attorney M.  C.  Kerr 

Assessor P.   A.  Young 

Superintendent  of  Schools Mrs.  M.  A.  Hail 

Coroner   and    Public    Administrator John    Donnenwirth 

Surveyor B.  F.  Barbee 

Superior  Judge J.  O.  Moncur 

Supervisors. 
Regular  meetings,  first  Monday,  January,  March,  May,  July,  September,  Novem- 
ber. 
H.  G.  DoTsch,  Fourth  District,  Quincy,   Chairman. 
Charles     W.     Hendel,     Fifth     District,       H.  J.  Treleaven,  Second  District,  Green- 
La  Porte.  ville. 
David  Ramelli,  First  District,  Portola.       H.  G.  Porter,  Third  District,  Twain. 

RIVERSIDE  COUNTY. 

Thirteenth  class. 

County  seat,  Riverside.     Area,  7,008  square  miles. 
Office.  Name  of  Officer. 

County  Clerk Arthur  B.  Pilch 

Sheriff Frank   P.   Wilson 

Tax  Collector C  R.  Stibbens 

Treasurer D.  G.  Mitchell 

Recorder Isaac  S.   Logan 

Auditor George  H.  Brown 

District  Attorney '.  .  -  .Lyman  Evans 

Assessor W.  F.   Montague 

Superintendent  of   Schools Raymond   Cree 

Coroner C.  S.  Dickson 

Public  Administrator William  Polkinghorn 

Surveyor George  M.   Pearson 

Superior  Judge Frank  E.  Densmore 

Supervisors. 
Regular  meetings  held  first  Wednesday  after  first  Monday  of  each  month. 
Karl  S.  Carlton,  Riverside,  Chairman. 
John  Shaver,  San  Jacinta.  J.  T.  Hammer,  Corona. 

Thomas  S.  Flaherty,  Riverside.  J.  A.  Crane,  Elsmore. 

Police  Judges. 
George  A.  French,  Riverside.  Frank  A.  Beatty,  City  Recorder,  Perris. 

O.  P    Hull,  Corona.  C  P.  Carter,  City  Recorder,  Elsmore. 

J.  F.  Jones,  Hemet.  Wm.    H.     Gray,     City    Recorder,    San 

W.  A.  Sewell,  Beaumont.  Jacinto. 


1244  hillyer's  legal  manual. 

sacramento  county. 

ilSixth  class. 
County  seat,  Sacramento.     Area,  988   square   miles. 
Office.  Name  of  Officer. 

County  Clerk E.  F.  Pfund 

Sheriff Dave   Ahern 

License  and  Tax  Collector Chas.  E.  Trainor 

Treasurer W.    K.    Beard 

Eecorder C.  A.  Eoot 

Auditor L.   P.    Williams 

District  Attorney Eugene  S.  Wachhorst 

Assessor Ed    J.    Kay 

Superintendent  of  Schools Minnie  E.  O'Neil 

Coroner William  P.  Gormley 

Public  Administrator H.   W.   Leonard 

Surveyor Frank  C.  Miller 

Superior  Judge J.   W.   Hughes 

Superior  Judge Peter  J.  Shields 

Superior  Judge C.   N.   Post 

Court  Commissioner Jos.   E.   Pipher 

Supervisors. 
Board  meets  on  the  first  Monday  of  each  month,  remains  in  session   at  least 
three  days,  and  meets  thereafter  during  the  month  as  often  as  business  requires. 
J.    P.    Kelley,    1106    E    street.    Sacra-       J.  A.  Eussi,  Folsom. 

mento.  Thos.  Jenkins,  Florin. 

E.    E.    Callahan,    1914    Eighth    street,        C.     E.     Mahoney,     1613     Twenty-sixth 
Sacramento.  street,  Sacramento. 

Police  Judge. 
Thomas  H.  Christiansen,  Police  Court,  Sacramento,  California. 

SAN  BENITO  COUNTY. 
Forty-third    class. 
County   seat,  Hollister.     Area,   1,476   square   miles. 
Office.  Name  of  Officer. 

County  Clerk,  Auditor,  and  Eecorder Elmer  Dowdy 

Sheriff  and  Tax  Collector J.  J.  Croxon 

Treasurer John  Welch 

District  Attorney Geo.  W.  Jean 

Assessor Geo.  W.  McConnell 

Superintendent  of  Schools W.  J.  Cagney 

Coroner  and  Public  Administrator W.  W.  Black 

Surveyor A.  M.  McCray 

Superior  Judge M.  T.  Dooling 

Supervisors. 

Meetings   held  first  Monday   of   each  month. 

J.  F.  Etcheverry,  Fourth  District,  Tres  Pinos,  Chairman. 

T.  H.  French,  First  District,  Hollister.         G.  A.  Eenz,  Third  District,  Hollister. 

W.    S.    Prescott,    Second    District,    San       A.  T.  Hain,  Fifth  District,  Cook  P.  O. 

Juan  Bautista. 


COUNTY  OFFICIALS.  1245 

SAN   BERNARDINO   COUNTY. 

Eighth  class. 
County  seat,  San  Bernardino.     Area,  20,055  square  miles. 

^^<'«-  Name  of  Officer. 

County   Clerk Charles   Post 

Auditor C.  D.  Van  Wie 

Eecorder H.  L.  Allison 

Sheriff   J.  C.  Ralphs 

Tax  Collector L.  A.  Desmond 

Treasurer H.  D.  Sibley 

District   Attorney r.   B.   Goodcell 

Assessor Frank  P.  Meserve 

Superintendent  of  Schools A.  S.  McPherron 

Coroner E.  p.  Fuller 

Public    Administrator    : H.    D.    Blakeslee 

Surveyor J.   S.   Bright,   Jr. 

Superior  Judge Frank  F.  Oster 

Superior  Judge Benjamin  F.  Bledsoe 

Supervisors. 

Board  meets  in  regular  session  each  Monday  in  the  month. 

Samuel   Pine,   Fourth   District,   Chino,   Chairman. 

George      E.      Butler,      First      District,       J.  B.  Glover,  Third  District,  Redlands. 

Needles.  S.  V.  Horton,  Fifth  District,  Redlands, 

J.  S.  Jones,  Second  District,  Etiwanda.  R.  F.  D,   No.  1. 

SAN  DIEGO  COUNTY. 

Seventh  class. 
County  seat,  San  Diego.     Area,  4,207  square  miles. 
Office.  Name  of  Officer. 

County   Clerk J.    T.   Butler 

Sheriff Fred  M.  Jenniiigs 

Tax  Collector A.  F.  Cornell 

Treasurer John  F.  Schwartz 

Recorder John    H.    Ferry 

Auditor C.  R.  Hammond 

District  Attorney H.  S.  Utley 

Assessor M.   M.   Moulton 

Superintendent  of  Schools Hugh  J.  Baldwin 

Coroner S.  W.  Bell 

Public  Administrator P.  J.  Layne 

Surveyor George    Butler 

Superior  Judge W.  R.   Guy 

Superior  Judge T.  L.  Lewis 

Superior  Judge W.  A.  Sloane 

Superior  Judge C.   N.   Andrews 

Supervisors. 
Meetings  held  first  Monday  in  each  month.     Law  and  motion  day,  every  Friday. 
G.  F.  Westfall,  Fifth  District,  Fallbrook,  Chairman. 
J     P.    Smith,    First    District,    3356    A       Joseph   Foster,   Third   District,   Foster. 
street   San   Diego.  T.     J.     Fisher,     Fourth     District,     840 

Chas.  H.  Swallow,  Second  District,  795  Twelfth  street,  San  Diego. 

Logan   avenue,   San  Diego. 


1246  hillyer's  legal  manual. 

SAN  FRANCISCO  (CITY  AND  COUNTY). 

First  class. 
Area,  43  square  miles. 

Executive  Department. 
V  Mayor. 

(Elected   for   term   of   four   years.) 
Office  in  Temporary  City  Hall,  Market  street,  above  Eighth.     Term  of  incumbent 

ends  January,  1916. 

James  Rolph,  Jr.,  Mayor $6,000 

Edward  Eainey,  Secretary 2^000 

Auditor. 

Office    in    City    Hall,    McAllister    street,    opposite    Hyde.     (Elected    for    term    of 

4  years.)     Term  of  incumbent  ends  January,  1916. 

Thomas    F.    Boyle $4,000 

Deputy  Auditor,  John  J.  Boyle 2,400 

Treasurer. 

Office,    City   Hall.     Term   ends   January,    1914. 

John   E.   McDougald $4,000 

Assessor. 
Temporary  City  Hall,  Market  street,  near  Eighth.     Term  expires  January,  1916. 
John    Ginty    $8,000 

Tax  Collector. 

Office,  Temporary  City  Hall,  Market  street,  near  Eighth. 

Term  expires  January,  1916. 

Edward   E.   Bryant    $4,000 

Coroner. 
•                      Office,   363  Fell  street.     Term  expires  January,   1916. 
T.   B.   W.  Leland $4,000 

Eecorder. 

Office,  Hall  of  Eecords.     Term  expires  January,  1914. 

Edmond    Godchaux    $4,000- 

Legislative  Department. 

Board  of  Supervisors. 
Office,  Temporary  City  Hall,  Market  street,  near  Eighth. 

President   of  Board James   Rolph,  Jr.,   Mayor. 

Regular  Meeting  Every  Monday  at  2  o'clock  at  City  Hall,   1231  Market  St. 
John     S.     Dunnigan,     Clerk,   City   Hall,       John  W.  Rogers,  Chief  Assistant. 
1231  Market  St.;  Room  222. 

members. 
Paul  Bancroft,  731  Market  St.  Charles     A.    Nelson,    1590     Underwood 

Cornelius  J.  Deasy,  287  Fair  Oaks  St.         ^,^^^\  ^     ^r  ,        r.-.     tt  n    -.ooi  at 
.     -.  T     /^   m      t,  -.o-n     AT         •.       Edward  L.  Nolan,  City  Hall,  1231  Mar- 

Andrew    J.    Gallagher,     13 v  9     Masonic  -^^^  g^  j        j  } 

Ave.  Henry  Payot,  968  Ellis  St. 

J.  Emmet  Hayden,  34  Market  St.  James    E.    Power,    2361    Bryant    St. 

Fred  L.  Hilmer,  129  Davis  St.  Fred  Suhr,  Jr.,  2919  Mission  St. 

Oscar  Hocks,  558  Guerrero  St.  Alexander   T.   Vogelsang,   14   Moutgom- 

Thomas  Jennings,  440  Bryant  St.  ery  St. 

William  H.  M.cCarthy,  156  Second  St.  John  0.  Walsh,  117  Fair  Oaks  St. 

Ralph  McLeran,  113   Clayton  St.  Successor    to   Geo.    E.    Gallagher,   not 

Charles  A.  Murdock,  68  Fremont  St.  .appointed. 


COUNTY   OFFICIALS.  1247 

STANDING   COMMITTEES. 

Electricity  —  Suhr,     McCarthy,     .       Public    Health — Walsh,  ,  Murdock. 

Meets  at  call  of  chairman.  Meets  Wednesday  at  10:30  A.  M. 

Expositions—     ,     McCarthy,     Jen-  p,,^y,^     Utilities  — Vogelsang,     Hilmer, 

nmgs,  Vogelsang,  Power.  Bancroft,  Hayden,  Gallagher.     Meets 

Finance — Jennings,     McCarthy,     Payot.  Wednesday    2PM 

Meets  Friday  at  2:30  P.  M.  ^  ,  i-     „,  ,/'          *       ;    „      ^ 

Fire-McLeran,  Nelson,   Deasy.     Meets  ^^^''  i^'J^^5f-;;^Y"^'  "^^^^'o^''^^",' 

Thursday  at  2  P.  M.  ifi?"^^'^',  ^^allagher.     Meets   2d   and 

Judiciary -Nelson,     McLeran,     Vogel-  4th  Tuesday  at  3  P.  M. 

sang.     Meets  at  call  of  chairman.  Publicity    and    Interurban    Relations — 

Lands  and  Tunnels— Deasy, ,  Galla-  Hayden,  Hocks,  Walsh.    Meets  at  call 

gher.     Meets  Friday  at  2  P.  M.  of  chairman. 

Lighting     and     Rates — Nolan,     Nelson,  Streets    and    Sewers — McCarthy,    Ban- 

Payot.     Meets  2d  and  4th  Tuesday  at  croft,    Suhr.      Meets    Thursday    at    2 

10  A.  M.  P.  M. 

Police — Hocks,    Hilmer,    Nolan.      Meets  Supplies — Hilmer,     Murdock,     Hayden. 

Friday  at  3:30  P.  M.  Meets  Thursday  at  3  P.  M. 

Public  Buildings — Bancroft,  Payot,  Mc-  Telephones   and   Rates — Power,  Hilmer, 

Leran.     Meets  Tuesday  at  2  P.  M.  Hocks.     Meets  at  call  of  chairman. 

Public    Efficiency    and    Civil    Service —  Water    Service     and     Rates — Gallagher, 

Murdock,     Suhr,     Walsh.     Meets    1st  Power,     Deasy.      Meets    at     call     of 

and  3d  Tuesday  at  3  P.  M.  chairman. 

Judicial  Department. 

Superior  Court. 
Each  Department  has  a  Bailiff. 

DEPARTMENT     NUMBER     ONE. 

Temporary  City   Hall. 

Judge    J-  M,  Seawell.  (Term  expires  January,  1917.) 

Clerk   Milton  Hayes. 

Reporter   A.  L.  Coombs. 

DEPARTMENT  NUMBER  TWO. 

Temporary  City  Hall. 

Judge    F.  J.  Murasky.  (Term  expires  January,  1917.) 

Clerk   H.  J.  Jackson. 

Reporter   J.L.Holland. 

DEPARTMENT    NUMBER    THREE. 

Temporary   City   Hall. 

Judge   James  M.  Troutt.  (Term  expires  January,  1917.) 

Clerk   P.  W.  Lannon. 

Reporter G.  W.   Smith. 

DEPARTMENT    NUMBER    FOUR. 

Temporary  City  Hall. 

Judge    John  J.  Van  Nostrand.     (Term  expires  January,  1915.) 

Clerk   Eugene  Levy. 

Reporter    Frank   L.   Hart. 

DEPARTMENT  NUMBER  FIVE. 

Temporary  City   Hall. 

Judge    John  Hunt.  (Term  expires  January,  1915.) 

Clerk   David  Creamer. 

Reporter    W.  H.  Girvin. 


1248  hillyer's  legal  manual. 

DEPARTMENT  NUMBER   SIX. 

Hall  of  Justice. 

Judge   Frank  H.  Dunne.  (Term  expires  January,  1915.) 

Clerk   Frank  Butler. 

Eeporter   Luke  Kavanaugh. 

DEPARTMENT    NUMBER    SEVEN. 

Temporary  City  Hall. 

Judge E.  P.  Mogan.  (Term  expires  January,  1913.) 

Clerk   Joseph  Goddard. 

Reporter  J.  B.  Olsen. 

DEPARTMENT    NUMBER    EIGHT. 

Temporary   City   Hall. 

Judge    George  A.  Sturtevant.     (Term  expires  January,  1915.) 

Clerk   J.  F.  Mooney. 

Reporter  Ernest   J.    Mott. 

DEPARTMENT  NUMBER  NINE. 

Temporary   City   Hall. 

Judge    J.  V.  Coffey.  (Term  expires  January,  1913.) 

Clerk   Eugene  F.  Lacy. 

Reporter  

DEPARTMENT  NUMBER  TEN. 

Temporary   City   Hall. 

Judge    Thomas  F.  Graham.         (Term  expires  January,  1913.) 

Clerk   Wm.  H.  McNulty. 

Reporter   Roy  Gallagher. 

DEPARTMENT  NUMBER  ELEVEN. 

Hall  of  Justice. 

Judge William  P.  Lawlor.         (Term  expires  January,  1913.) 

Clerk   J.  J.  Groom. 

Reporter Piatt  B.  Elderkin. 

DEPARTMENT    NUMBER   TWELVE. 

Hall  of  Justice. 

Judge   George  H.  Cabaniss.         (Term  expires  January,  1917.) 

Clerk   J.  H.  Stevens. 

Reporter   Angelo  Byrne. 

DEPARTMENT    NUMBER   THIRTEEN. 

Temporary  City  Hall. 

Judge Franklin  A.  Griffin. 

Clerk Thos.  R.  Manning. 

Reporter Wm.  H.  Mead. 

DEPARTMENT    NUMBER    FOURTEEN. 

Temporary  City  Hall. 

Judge George  E.  Crothers. 

Clerk F.  B.  Lorigan. 

Reporter W.  G.  Smith. 

DEPARTMENT    NUMBER   FIFTEEN. 

Temporary  City  Hall. 

Judge Marcel  E.  Cerf. 

Clerk M.  P.  Burton. 

Reporter John  F.  Gallagher. 


COUNTY  OFFICIALS.  1249 

DEPARTMENT   NUMBER   SIXTEEN, 

Temporary  City  Hall. 

Judge Adolnhus  E.  Graupmer. 

Clerk M.  Kragen. 

Keporter Stephen  Potter. 

Secretary  of  Superior  Courts,  Thomas  S.  Mulvey. 

Clerks  are  appointed  by  the  County  Clerk,  Bailiffs  by  the  Sheriff,  and  Reporter 
by   the   Judge. 

Court  Commissioners. 
Appointed  by  Judges  of  the  Superior  Court. 
Murray  F.  Vandall,  J.  H.  Joachimsen,  Frank  W.  Lawler,  J.  F.  Tyler,  Geo.  D. 
Perry  and  Charles  Samuels. 

Lunacy  Commission. 
Approved  by  Judges  of  Superior  Court. 
Doctors  D.  D.  Lustig,  Chas.  C.  Wadsworth,  C,  D.  McGettigan,  Theo.  Rethers. 
Telephone   Operator,   Sara  McKenna. 

Interpreters. 
Approved  by  Judges  of  Superior  Court. 
B.  M.  Aguirre,  A.  Glover,  J.  A.  Becsey,  C.  H.  Gaffney,  F.  Demartini,  L.  Locke, 
V.  Demartini,  Robert  Park. 

Justices'  Courts. 
Temporary  City  Hall,  1231  Market  street.     Terms  of  incumbents  end  January,  1915. 
James  G.  Conlon,  Room  431;   Bernard  J.  Flood,  Room  421;   A.  B.  Treadwell, 
Presiding  Judge,  Room  417;  A.  T.  Barnett,  Room  418;  and  Charles  E.  A.  Creighton, 
Room  423.     Robert  W.  Dennis,  Room  423,  Clerk. 

Police  Courts. 
Hall  of  Justice.     Kearny  and  Washington  streets. 

department  number  one. 
Pept.  1 — Judge Wiley  F.  Crist.  (Term  expires  January,  1916.) 

department  number  two. 
Pept.  2 — Judge John  J.  Sullivan.  (Term  expires  January,  1914.) 

department  number  three. 
jj^,  3— Judge Edward  P.  Shortall.  (Term  expires  January,  1914.) 

department  number  four. 

Dept.  4 — Judge.. Daniel  C.  Deasy.  (Term  expires  January,  1916.) 

Bailiffs   are   Police   Officers. 

Legal  Department. 
City  Attorney. 
Percy  V.  Long Office,  Temporary  City  Hall.     (Term  expires  January,  1914.) 

District  Attorney. 
Charles  M.  Fickert Office,  Hall  of  Justice.     (Term  expires  January,  1916.) 

Public  Administrator. 
M.  J.  Hynes Office,  853  Phelan  Building.     (Term  expires  January,  1914.) 

County  Clerk. 
H.  I.  Mulcrevy Office,  Temporary  City  Hall.     (Term  expires  January,  1916.) 

Sheriff. 
Frederick  Eggers,  Office,  McAllister  street  and  City  Hall  avenue.     (Term  expires 
January,  1916.) 
7& 


1250 

Department  of  Public  Works. 
Office,  Temporary  City  Hall,  Market  street,  near  Eighth. 
Appointed  by  the  Mayor. 
Timothy  A.  Reardon,  President;   Daniel  G.  Fraser,  Adolf  Judell.     Frederick  J. 
Churchill,  Secretary. 

Public  Library  or  Reading-room. 

Trustees  of  Library: 

Eustace  CuUinan,  President.  Charles  H.  Bentley. 

Washington  Dodge.  ^-  ^-  Hale. 

James  D.  Phelan.  f  ^\^^f,^^'^^- 

Joseph  O  Connor. 

John  H.  Wise.  Edward  R.  Taylor. 

James  Rolph,  Jr.,  Mayor,  ex  officio.      Max  C.  Sloss. 

William  R.  Watson,  Librarian. 

George  A.  Mullin,  Secretary. 

Main   Library,   Hayes  and  Franklin   streets. 

Branch  Libraries:  No.  1,  1207  Valencia  street Miss  N.  A.  Casey,  Librarian 

No.  2,  Sixteenth,  near  Market Miss  M.  Carson,  Librarian 

No.  3,  1457  Powell  street Miss  M.  Wordman,  Librarian 

No.  4,  254  Fourth  avenue Miss  S.  D.  Morgan,  Librarian 

No.  5,  Page  street,  near  Cole.  ..Miss  B.  A,  Goldman,  Librarian 

No.  6,  2435  Sacramento  street.  .Miss  M.  L.  Witcher,  Librarian 

Parks  and  Commission. 

All  Parks  and  Squares  in  the  city  and  county. 
William  M.   Metson,   President  of  Com-       Sigmund  Greenebaum,  Commissioner. 

mission.  A.  B.  Spreckels,  Commissioner. 

Curtis  H.  Lindley,  Commissioner.  Superintendent     of    Parks,     John    Mc- 

Earl  M.  Cummings,  Commissioner.  Laren. 

Playground   Commission. 

Southwest    corner   of   Pine    and   Larkin    streets. 
Rev.    D.    O.    Crowley,    President;    John    McLaren,    Marshal    Hale,    J.    C.    Kirtick, 
Geo.  E.  Gallagher,  Mrs.  M.  S.  Hayward,  Miss  Agnes  G.  Regan. 

Board  of  Censorship. 

Room  638,  City  Hall. 
E.  M.  Hecht,  President,  Kohl  Bldg.         Mary  Ashe  Miller,  1595  Clay  St. 
J.  S.  Webster,   125  Sutter  St.  W.  P.  Wobber,  1325  Sixth  Ave. 

Peter  Peshon,  Police  Department. 

Department  of  Public  Health. 

General  Office,  1085  Mission  street  near  Seventh. 
Board  of  Health. — Arthur  H.  Barendt,  President;  Gaiy  E.  Manning,  A.  P.  O'Brien, 
Lawrence  Arnstein,  Geo.  B.  Somers,  Arthur  M.  Sharp,  Frank  J.  Klimm. 

R.  G.  Broderick,  Health  Officer;  William  C.  Hassler,  Chief  Sanitary  Inspector. 

Department  of  Elections. 

City  Hall,  McAllister   street,  opposite  Hyde. 
William  McDevitt,  President;  Thomas  V.  Cator,  J.  K.  Prior,  Jr.,  John  Hermann, 
C.  J.  Collins.     J.  H.  Zemansky,  Registrar  of    Voters   and   Secretary. 

Police  Department. 

Hall  of  Justice,  Kearny  and  Washington  streets. 
Max  J.  Kuhl,  President;  Theo  J.  Roche,  Jesse  B.  Cook,  Thomas  E.  Shumate. 
D.  A.  White,  Chief  of  Police;  Charles  F.  Skelly,  Secretary. 


COUNTY   OFFICIALS.  1251 

Fire  Department. 

Temporary  City  Hall,  Market  street,  near  Eighth. 
Commissioners:    A.   J.   Martin,  President;   James   E.   Dillon,   Wm.   H,   Hammer 
Henry  V.  Brandenstein.     Frank  Kennedy,  Secretary.  ' 

Juvenile  Court. 
Frank  J.  Murasky,  Judge,  2344  Sutter  street. 
Probation    Committee. — Mrs.    Edward     L.     Baldwin,     Rev.     D.    O.    Crowley      Miss 
McKinstry,  J.  W.  Lillienthal,  James   R.  Pringle,   R.  E.   Queen.  ' 

'  J.  C.  Astredo,  Secretary  and  Chief  Probation  Officer. 

Board  of  Education. 

City  Hall,  1231  Market  St. 
Regular  meeting  day,  Tuesday  2  P.  M. 
Regular  meetings  as  a  High  School  Board  held  on  last  Wednesday  of  each  month. 
George     E.     Gallagher,     President,     148       Alfred    Roncovieri,    Superintendent    of 
Kearny  St.  Schools    (ex  officio,   without    right    to 

A.  A.  D'Ancona,  739  Shrader  St.  vote),  residence  2454  Vallejo  St. 

Miss    Sallie    J.    Jones,    Arthur    Apart-       M.   R.   Norris,    Acting    Secretary,    1515 

ments.  Post  and  Jones  Sts.  Lake  St. 

Mrs.    Mary    W.    Kincaid,    2901  Pacific 
Ave. 

Civil  Service  Commissioners. 
Meet  Monday,  at   7:30  P.   M.,  City   Hall,  1231   Market  St.,  Room  340. 
Matthew  Brady,  President,  Mills  Bldg.       B.  B.  Rosenthal,  1522  Webster  St. 
E.  A.  Walcott,  Commonwealth  Club,  153       James   J.   Maher,   Chief    Examiner   and 
Kearny  St.  Secretary,  1007  Castro  St. 

Sealer  of  Weights  and  Measures. 

Lawrence  J.  Dolan,  Sealer Room  315,  City  Hall,  1231  Market  St. 

San  Francisco  Municipal  Band. 
John  A.  Keogh,  Director Room  401,  City  Hall 

Public  Pound. 

Office  and  Pound,  Sixteenth  and  Alabama  Sts. 

Matthew  McCurrie Secretary 

SAN  JOAQUIN   COUNTY. 

Ninth   class. 
County  seat,  Stockton.     Area,  1,370   square  miles. 
Office.  Name  of  Officer. 

County  Clerk   Eugene  D.  Graham 

Sheriff    W.   H.   Reicks 

Tax  Collector  and  Treasurer  W.  C.  Neumiller 

Recorder   and   Auditor    ^^'x,    o^Y/ 

District  Attorney    •  ••  • -^^   ^\J ®^" 

Assessor  John    W.    Moore 

Superintendent  of  Schools   John  A.  Anderson 

Coroner    xt    m  \r  n 

Public  Administrator   ''•  J"  I^'qS 

n^rj^dge-;;:::::;:::::::::-^ 

Superior  Judge    ['  b.  W.   Norton 

Superior  Judge    


1252  hillyer's  legal  manual. 

Supervisors. 

Meetings  of  Supervisors,  first  Monday  and   Tuesday  of  each   month. 

E.  E.  Tretheway,  Stockton,  Chairman. 

A.  H.  Wright,  Stockton.  C.  L.  Newton,  Woodbridge. 

Geo.  M.  French,  Stockton.  Martin  Ansbro,  Banta. 

SAN  LUIS  OBISPO  COUNTY. 

Twenty-seventh  class. 
County  seat,  San  Luis  Obispo.     Area,  3,500  square  miles. 

^^«6-  Name  of  Officer. 

County    Clerk    P.    j.    Eodrigues 

Sheriff    C.    A.    Younglove 

Tax  Collector    Eichard  Leland 

Treasurer    john    Kelshaw 

Recorder   D.  F.  Mahoney 

Auditor   P.  H.  Murphy 

District  Attorney  Charles  A.  Palmer 

Assessor  j.  H.  Hollister 

Superintendent  of  Schools    W.  S.  Wight 

Coroner    .'.'.'  "c.   W.   Palmer 

Public   Administrator    Thomas   Fogarty 

Surveyor   A.  F.  Parsons 

Superior  Judge    , E.   P.   Unangst 

Supervisors. 

Regular  meetings,  first  Monday   of   each  month. 

E.  W.  Black,  Fifth  District,  Chairman,  Santa  Margarita. 

J.  E.  Cliff,  First  District,  Paso  Robles.         John  Norton,  Third  District,  San  Luis 

Peter      Tognazzini,      Second      District,  Obispo. 

Cayucos.  John  Donovan,  Fourth  District,  Nipomo. 

SAN  MATEO  COUNTY. 

Twentieth  class. 

County   seat.   Redwood   City.     Area,  470   square   miles. 
Office.  Name  of  Officer. 

County  Clerk Joseph  11.  Nash 

Recorder  > H.  O.  Heiner 

Sheriff   J.  H.  Mansfield 

Tax  Collector   A.  McSweeney 

Treasurer    P.   P.   Chamberlain 

Auditor    W.    H.    Underhill 

District   Attorney    Franklin    Swart 

Assessor CD,  Hayward 

Superintendent  of  Schools  Roy  W.  Cloud 

Coroner  and  Public  Administrator   H.  G.  Plymire 

Surveyor    James  V.  Neuman 

Superior  Judge George  H.  Buck 

Supervisors. 

Regular  meetings,  first  and  third  Mondays  of  each  month. 

Wm.    H.    Brown,    Second    District,    Chairman,    San    Mateo. 

John  MacBain,  Third    District,    Menlo       D.  E.  Blackburn,  Fifth  District,  Pesca- 

Park.  dero. 

Jos.  M.  Francis,  Fourth  District,  Half-       Jas.  T.  Casey,  First  District,  Colma. 
moon  Bay. 


COUNTY  OFFICIALS.  1253 

SANTA  BARBARA  COUNTY. 
Seventeenth  class. 
County  seat,  Santa  Barbara.     Area,  2,450  square  miles. 
Office.  Name  of  Officer. 

County  Clerk   C.  A.  Hunt 

Sheriff    Nat    Stewart 

Tax  Collector   Harry  C,  Sweetser 

Treasurer   W.  B.  Metcalf 

Kecorder    Mark    Bradley 

Auditor   S.  B.  Schauer 

Assessor    ; Clio    L.    Lloyd 

District  Attorney    E.  W.   Squier 

Superintendent  of  Schools  Miss  M.  V.  Lehner 

Coroner  and  Public  Administrator    A.  M.  Ruiz 

Surveyor    F.    F.    Flournoy 

Superior   Judge    S.   E.   Crow 

Court  Commissioner   Wm.  G.  Griffith 

Supervisors. 

Regular  meeting  of  Board  of  Supervisors,  first  Monday  in  each  month. 

H.  J.  Doulton,  Chairman,  Second  District,  Santa  Barbara. 

H.    S.    Deaderick,    First    District,    Car-       C.   K.    Hardenbrook,    Fourth    District, 

pinteria.  Lompoc. 

A.  W.  Conover,  Third  District,  Goleta.         F.  C.  Twitchell,  Fifth  District,  Orcutt. 

SANTA  CLARA  COUNTY. 

Fourth   class. 

County  seat,  San  Jose.     Area,  1,355  square  miles. 
Office.  Name  of  Officer. 

County  Clerk  H.  A.  Pfister 

Sheriff    A.   B.   Langford 

Tax  Collector    W.   A.  January 

Treasurer  E.  W.  Conant 

Recorder  I>an  J.  Flannery 

Auditor  W.  F.  Parker 

District  Attorney A.  M.  Free 

Assessor    Elizabeth  H.  Spitzer 

Superintendent'  of  Schools' '.'.'.'.'.'.'. !>•  T.  Sa^eman 

Coroner  and  Public  Administrator  ^     A       } 

License  Collector    J.  5-  V,*.T° 

Surveyor   J-  <>•  McMillan 

Superior  Judge   John  E    Richards 

Superior  Judge   P-  ^  G^jsbey 

Superior  Judge   J-  «•  ^^leh 

Supervisors. 
Regular  meetings  first  Monday  of  each  month.  . 

H.  M.  Ayer,  Chairman,  Third  District,  San  Jose. 
John  Roll,  Fourth  District,  Santa  Clara.       A.  L.  Hubbard,    Second    District,    San 
F.  E.  Mitchell,  Fifth  District,  Campbell.  Jose. 

H.  S.  Hersman,  First  District,  Gilroy. 


1254  hillyer's  legal  manual. 

SANTA  CRUZ  COUNTY. 
Twenty-first  class. 
County    seat,    Santa    Cruz.     Area,    425    square   miles. 
Office.  Name  of  Officer. 

County  Clerk    Harvey  H.   Miller 

Sheriff   Howard  V.  Trafton 

Tax  Collector J.  F.  Helms 

Treasurer    W.    H.    Bias 

Recorder   Harry  C.  Cooper 

Auditor    Willett    Ware 

District  Attorney Benj.   K.   Knight 

Assessor W.  A.  Horton 

Superintendent  of  Schools  C.  S.  Price 

Coroner  and  Public  Administrator   Louis  H.  Wessendorf 

Surveyor    Arnold    M.    Baldwin 

Superior  Judge  Lucas  F.  Smith 

Supervisors. 

Board  meets  on  first  Monday  in  each  month. 

E.  J.   Mattison,   Chairman,   Santa  Cruz. 

J,  A.  Harvey,  Santa  Cruz.  Joseph  Ball,  Felton. 

J.  D,  Esty,  Soquel.  S.  C.  Marcus,. Watsonville. 

Police  Judges  and  Recorder. 

George  F.  Stanley,  Police  Judge  of  the  City  of  Watsonville,  Watsonville. 

City  of  Santa  Cruz,  Santa  Cruz.  W.    S.   Rogers,  Town    Recorder    of    the 

C.  W.  Bridgewater,  Police  Judge  of  the  Town  of  Boulder  Creek, 

SHASTA  COUNTY. 

Twenty-eighth  class. 

County   seat.   Redding.     Area,   4,050   square   miles. 
Office.  Name  of  Officer. 

County  Clerk    S.   N.   Witherow 

Sheriff    Jas.   L.  Montgomery 

Tax  and  License  Collector S.  C.  Baker 

Treasurer L.  M.  Dennis 

Recorder   A.  L.  Webb 

Auditor   H.  H.   Shuflfleton 

District  Attorney    O.   M.    Chenoweth 

Assessor    M.   D.   Lack 

Superintendent  of  Schools Lulu  E.  White 

Coroner  and  Public  Administrator    John   Larkin 

Surveyor Robert  L.  Reading 

Superior  Judge    Chas.  M.  Head 

Superior  Judge    J.  E.  Barber 

Supervisors. 
Board  meets  first  Monday  after  first   day  of  January,  March,   May,   July,   Sep- 
tember and  November. 
W.  W.  Sublett,  Chairman,  Ono. 
J.  R.  Hunt,  Millville.  Geo.  H.  Nutting,  Anderson. 

W.  M.  Welsh,  Kennett.  Ferd  Hurst,  Redding. 


COUNTY  OFFICIALS.  1255 

SIERRA  COUNTY. 

Fifty-third   class. 
County  seat,  Downieville.     Area,  957  square  miles, 
^ffi*'^-  Name  of  Officer. 

County  Clerk,  Auditor  and  Recorder   Henry  E    Quigley 

Sheriff  and  Tax  Collector    .'.'.'.*.*..  .Julius'  .Johnson 

Treasurer E.   L.    Case 

District  Attorney W.  I.  Redding 

Assessor   W.  .T.  Copren 

Superintendent   of   Schools    Belle    Alexander 

Coroner  and  Public  Administrator   John  Mayer 

Surveyor .".'.'.' .Mark  N.  Ailing 

Superior  Judge Stanley  A.  Smith 

Supervisors. 
Regular  meetings  of  board  are  held  on  the  first  Monday  in  January,  April  and 
July,  and  third  Monday  in  September. 
Wm.  D.  Shafer,  Downieville,  Chairman. 
J.  C.  Brown,  Table  Rock.  Samuel  Devine,  Sierra  City. 

John  F.  Owens,  Forest.  W.  E.  Miller,  Sierraville. 

SISKIYOU  COUNTY. 

Twenty-ninth    class. 

County  seat,  Yreka.     Area,   6,078  square  miles. 
Office.  Name  of  Officer. 

County  Clerk W.  J.  Neilon 

Sheriff Chas.  B.   Howard 

Tax  and  License  Collector,  Treasurer   .7.  E.  Pashburg 

Recorder    Eugene  Dowling 

Auditor    Robert    Rankin 

District  Attorney Frank  W.  Hooper 

Assessor    John    F.    Fairchild 

Superintendent   of   Schools    W.   H.   Parker 

Coroner   and   Public    Administrator    T.    B.    Davidson 

Surveyor    H.   J.   Sarter 

Superior  Judge James  F.  Lodge 

Court  Commissioner   Charles  E.  Johnson 

Supervisors. 
Regular  meetings  first  Monday  of  each  month. 
E.  H.  Kaupp,  Chairman,  Second  District,  Sisson. 
J.    A.    Glendenning,     Fourth     District,       L.  A.  Lash,  Third  District,  Yreka. 

Fort  Jones. 
M.   F.   Barnum,    Fifth    District,    Etna       J.  A.  Ager,  First  District,  Ager. 
Mills. 

Incorporated  Towns. 
Etna  Mills — M.  J.  Brumicage,  Town  Re-       Montague — G.  H.  Chambers,  Town  Re- 
corder, corder. 
Fort    Jones — G.    G.    Rantz,    Town     Re-       Sisson — George    H.    Arens,    Town    Re- 
corder,                                                                   corder. 
Yreka— L.     W.     Fauquier,     Town     Re-       Dunsmuir — C.     O.     Clarke,     Town     Re- 
corder,                                                                   corder. 


1256  hillyer's  legal  manual. 

solano  county. 

Eighteenth   class. 
County  seat,  Fairfield.     Area,  911   square  miles. 
0*Sce.  Xame  of  Officer. 

County  Clerk  G.  G.  Halliday 

Sheriff    J.   J.   McDonald 

Tax  Collector  and  Treasurer George  Weniger 

Recorder T.  V.  Corcoran 

Auditor    Bert    Sheldon 

District  Attorney  jos.  M.  Kaines 

Assessor   E.  E.  Long 

Superintendent  of  Schools   D.  H.  White 

Coroner  and  Public  Administrator  B.  J.  Klotz 

Surveyor    E.   N.   Eager 

Superior  Judge A.  J.  Buckles 

Supervisors. 

Board  meets  first  Monday  in  each  month. 

D.  M.  Fleming,  Vallejo,  Chairman. 

Julian  B.  Hoyt,  Denverton.  J.    E.  Glendon,  Benicia. 

H.  J.  Widenmann,  Vallejo.  W.  S.  Godfrey,  Vacaville. 

SONOMA   COUNTY. 

Tenth   class. 

County   seat,   Santa   Eosa.     Area,    1,540    square   miles. 
Office.  Name  of  Officer. 

County  Clerk   W.  W.  Felt,  Jr. 

Sheriff    J.    K.    Smith 

Tax   Collector    F.    M.    Collins 

Treasurer    G.   E.  Murdock 

Eecorder F.    G.    Nagle 

Auditor    C.    A.    Pool 

District  Attorney  C.  F.  Lea 

Assessor    F.   E.   Dowd 

Superintendent  of  Schools   Florence  M.  Barnes 

Coroner  and  Public  Administrator   F.  L.  Blackburn 

Surveyor    T.  B.  McNamara 

Superior  Judge    Ernest   Seawell 

Superior  Judge   Thos.  C.  Denny 

Court   Commissioner    J.   M.  Thompson 

Supervisors. 

Supervisors   meet  first   Monday   of   each  month. 

C.  L.  Patteson,  Fourth  District,  Geyserville,  Chairman. 

J.  H.  Weise,  First  District,  Glen  Ellen.       Thos.   J.    Hutchinson,    Third    District, 

Lyman  Green,    Second    District,    Peta-  Santa  Eosa. 

luma.  William  King,  Fifth  District,  Cazadero. 

Eecorders  and  City  Clerks. 

W.  P.  Bagley,  Recorder,  Santa  Eosa.  H.  B.  Snyder,  City  Clerk,  Santa  Eosa. 

1.  S.  Lewis,  Eecorder,  Cloverdale.  C.  B.  Beaulieu,  City  Clerk,  Cloverdale. 

G.  E.  Harrison,  Eecorder,  Sebastopol.  J.  S.  Saunders,  City  Clerk,  Sebastopol. 

C.  H.  Dillon,  Police  Judge,  Petaluma.  F.  B.  Singley,  City  Clerk,  Petaluma. 

C.  F.  Eaymond,  Eecorder,  Healdsburg.  Ed  D.  Eby,  City  Clerk,  Healdsburg. 

James  Campbell,  Eecorder,  Sonoma.  H.  W.  Guttenberg,  City  Clerk,  Sonoma. 


COUNTY  OFFICIALS.  1257 

STANISLAUS   COUNTY. 

Twenty-fifth  class. 

County  seat,  Modesto.     Area,  1,486  square  miles 

^        ^^ffi^^f-  ,  Name  of  Officer. 

County   Clerk    Hugh   Benson 

^heriff A.   S.  Dingley 

Tax  Collector  and  Treasurer   W.  A.  Downer 

Eecorder  and  Auditor    *...'.'....*.,..  H.   C    Keeley 

District  Attorney    '..'..  .'.*.*.*.'.*.*.*. V.L. '  J.  Maddux 

Assessor    .    Geo.  A.   Threlfall 

Superintendent  of  Schools  Florence  Boggs 

Coroner  and  Public  Administrator   W    S.  Bowker 

Surveyor    '.'.**.'.*.*".'.'.  E.'  H.   Annear 

Superior  Judge    L.   W.   Fulkerth 

Supervisors. 

J.  J.  McMahon,  Modesto,  Chairman. 

J.  H.  Clark,  Oakdale.  James  E.  Dunn,  Salida. 

Vaughn  D.  Whitmor,  Ceres.  A.  E.  Clary,  Newman. 

SUTTER  COUNTY. 

Forty-eighth  class. 

County  seat,  Yuba  City.     Area,  611  square  miles. 
Office.  Name  of  Officer. 

County  Clerk    D.   D.   Green 

Sheriff    F.   B.    Noyes 

Tax  Collector  and  Treasurer   CD.  O'Banion 

Eecorder  and  Auditor  H.  C.  Flanery 

District  Attorney    Lawrence   Schillig 

Assessor C.  E.  McQuaid 

Superintendent  of  Schools   H.  W.  Heiken 

Coroner  and  Public  Administrator P.  W.  Eowe 

Surveyor   L.  M.  Bunce 

Superior  Judge  K.  S.  Mahon 

Supervisors. 

Eegular  meetings  first  Monday  of   each  month. 

J.  C.  Albertson,  Third  District,  Meridian,  Chairman. 

Samuel  Gray,  Fourth  District,  E.  F.  D.       F.  H.   Graves,  First  District,  Penning- 

No.   1,  Yuba  City.  ton. 

F.  J.  Michel,  Fifth  District,  Nicolaus.         E.  J.  White,  Second  District  Yuba  City. 

TEHAMA   COUNTY. 

Thirty-seventh  class. 

County  seat,  Eed  Bluff.     Area,  3,200  square  miles.  ^ 

Office.  Name  of  Officer. 

County  Clerk,  Auditor  and  Eecorder   H.  G.  Kuhn 

Sheriff   J.  W.  Boyd 

Tax  Collector  and  Treasurer E.  L.  Sisson 

District  Attorney W.  A.  Fish 

Assessor    Louis  Winter 

Superintendent  of  Schools Delia  D.  Fish 

Coroner  and  Public  Administrator,  P.  O.  Thomas,  fills  unexpired  term  of  F.  W. 
Decker,  deceased. 

Surveyor    :W.  F.  Luning 

Superior  Judge    John  F.  Ellison 


1258  hillyer's  legal  manual. 

Supervisors. 
Board  meets  on  first  Monday  in  each  month. 
G.  W.  Vestal,  Second  District,  Eed  Bluff,  Chairman. 
H.  C.  Kauffman,    Third    District,    Eed       W.  H.  Samson,  Fifth  District,  Corning. 
Bluff.  Andrew    Schafer,    First    District,     Red 

A.  G.  Peake,  Fourth  District,  Henley-  Bluff, 

ville. 

TRINITY   COUNTY. 

Fifty-fifth    class. 
County   seat,   Weaverville.     Area,   3,276   square   miles. 
Office.  Name  of  Officer. 

County  Clerk,  Auditor  and  Recorder  R.  L.  Carter 

Sheriff  and  Tax  Collector   J.  H.  Boyce 

Treasurer    J.  W.  Shuford 

District  Attorney H.  R.  Given 

Assessor J.  F.  Tourtellotte 

Superintendent  of  Schools    Minnie  E.   Aldrich 

Coroner  and  Public  Administrator J.  A.  Wallace 

Surveyor   T.  J.  Montgomery 

Superior  Judge    James   W.   Bartlett 

Supervisors. 

The  Board  of  Supervisors  meet  on  the  first  Thursday  after  the  first  Monday  in 

the  months  of  January,  March,  May,  July,  September  and  November. 

H.  L.  Lowden,  "Weaverville,  Chairman. 

J.  R.  Stoddard,  Trinity  Center.  F.  C.  Meckel,  Junction  City. 

J.  H.  Kelley,  Hayfork.  E.  J.  Linck,  Ruth. 

TULARE  COUNTY. 

Twelfth    class. 

County  seat,  Visalia.     Area,  4,863  square  miles. 
Office.  Name  of  Officer. 

County  Clerk   Avon  M.   Coburn 

Sheriff    W.    W.    Collins 

Tax  Collector    J.   W.  Fewell 

Treasurer Henry  Newman 

Recorder Ira  Chrisman 

Auditor    W.   A.  Foucht 

District   Attorney    Frank   Lamberson 

Assessor Thos.   Blair 

Superintendent  of  Schools J.  E.  Buckman 

Coroner  and  Public  Administrator L.  C.  Locey 

Surveyor  Byron  0.  Lovelace 

Superior  Judge    W.   B.   Wallace 

Superioi-  Judge    J.   A.   Allen 

Supervisors. 
Board  of  Supervisors  meet  on  first  Monday  of  each  month.     Law  and  motion 

day,  every  Monday. 

T.  B.  Twaddle,  Tulare,  Chairman. 

Robert  Horbach,  Porterville.  J.  H.  Newman,  Dinuba. 

A.  C.  Williams,  Visalia.  F.  M.   Singleton,   Ducor. 


COUNTY   OFFICIALS.  1259 

TUOLUMNE  COUNTY. 
Thirty-ninth   class. 
County  seat,  Sonora.     Area,  2,282  square  miles. 
^^«e.  jfanjg  of  Officer. 

County  Clerk  and  Auditor  J.  B.  Doyle 

g^eriff     '..'...'.['.'.'.['.'.  iwi'liiam    Sweeney 

Tax  Collector  E.  S.  Abbott 

Treasurer    W.   .J.   Richards 

Recorder Richard  Inch 

District  Attorney  Rowan  Hardin 

Assessor j.  B.  Ryan 

Superintendent  of  Schools   G.  P.  Morgan 

Coroner  and  Public  Administrator  C.  H.  Burden 

Surveyor   '.'.Elbert  E.  Newell 

Superior  Judge   G.  W.  Nicol 

Supervisors. 
Board   meets  first   Monday  in   each   month. 
T.  F.  McGovern,  Sonora,  Chairman. 
A.  S.  McKenzie,  Columbia.  S.  A.  Ferreth,  Groveland. 

J.  J,  Gibbs,  Tuolumne.  V.  A.  Aolari,  Jamestown. 

VENTURA  COUNTY. 

Thirtieth    class. 
County  seat,  San  Buenaventura.     Area,  1,850  square  miles. 
Office.  Name  of  Officer. 

County  Clerk    J.  B.  McCloskey 

Sheriff    E.  G.  McMartin 

Tax  Collector T.  William  McGlinchey 

Treasurer    H.    E.    Peck 

Recorder  and  Auditor J.  L.  Argabrite 

District  Attorney • Don  G.  Bowker 

Assessor John  A.  Barry 

Superintendent  of  Schools James  E.  Reynolds 

Coroner  and  Public  Administrator W.  R.  Gibson 

Surveyor E.   E.   Everett 

Superior  Judge   Robert  M.  Clarke 

Supervisors. 
Regular  meetings,  first  Tuesday  in  each  month.     Law  and  motion  day,  every 

Monday. 
A.  Camarillo,  Camarillo,  Chairman. 
T.   S.   Clark,  Nordhoff.  H.  C.  Henderson,  Santa  Paula. 

Frank  S.  Cook,  Ventura.  L.  F.  Roussey,  Oxnard.  '^ 

YOLO  COUNTY. 

Thirty-fifth   class. 

County  seat.  Woodland.     Area,  1,017  square  miles. 
Office.  Name  of  Officer. 

County   Clerk H.   R.   Saunders 

Sheriff  and  Tax  Collector J.  W.  Monroe 

Treasurer Roy    E.    Cole 

Recorder H.   Henigan 

Auditor R.  P.   Wallace 

District  Attorney A.  G.   Bailey 

Assessor    H.  E.   Harrison 

Superintendent   of  Schools May  E.  Dexter  Henshall 

Coroner ' T.  H.  Kitto 


1260 

Public   Administrator A.   L.   Parish 

Surveyor P.  N.  Ashley 

Probation   Officer D.   E.   Jacobs 

Superior  Judge N.  A.   Hawkins 

Supervisors. 
Meetings  first  Monday  in  each  month  at  1:30  P.  M. 
M.  H.  Stitt,  Guinda,  Chairman. 
Wm.  J.  Leinberger,  Broderick.  P.  B.  Bdson,  Grafton. 

W.  O.  Kussell,  Davis.  J.  S.  Scott,  Woodland. 

YUBA  COUNTY. 

Thirty-eighth   class. 

County  seat,  Marysville.     Area,  625  square  miles. 
Office.  Name  of  Officer. 

County  Clerk J.   F.   Eastman 

Sheriff George   H.   Voss 

Assessor Tom  E.  Bevan 

Treasurer  and  Tax  Collector W.  P.  Eich 

District  Attorney E.    T.   Manwell 

Coroner J.   K.   Kelly 

Public  Administrator F.   E.   Smith 

Superintendent  of  Schools W.  P.  Cramsie 

Auditor  and  Eecorder F.  H.  Greely 

Surveyor L.  B.  Crook 

Superior   Judge Eugene    P.    McDaniel 

Supervisors. 
The  board  meets  in  regular  session  on  the  first  Monday  of  each  month. 
J.  J.  Casey,  Fourth  District,  Brown's  Valley,  Chairman. 
Wm.    J.    Mellon,   Fifth   District,    Chal-       Phil  J.  Divver,  Second  District,  Marys- 

lenge.  .  ville. 

Fred    Koberts,    First    District,    Marys-       David  Morrison,  Third  District,  Wheat- 
ville.  land. 


JUSTICES  OP  THE  PEACE  AND  CONSTABLES. 


1261 


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1278 


HILLYER^S  LEGAL   MANUAL. 


COMMISSIONERS  OF  DEEDS. 


Arizona — 

Frank  Baxter,  Yuma. 

Australia — 

David  Fealy — Sydney. 

Colorado — 

Clarence  S.  Nettles,  Denver. 

District  of  Oolumbia — 

Anson   S.   Taylor,  Washington. 
Isaac    R.    Hitt,   Washington. 
Jno.   E.  Mitchell,  Washington. 

France — 

Wm.  H.  Pauling  Enrich — Paris. 
Auguste  Maley — Paris. 
Chas.  G.  Loeb — Paris. 
Lfeon  Virclet — Paris. 

Germany — 

Eobt.  Kuehnert — Berlin. 

Great  Britain — 

Lucas  D.  Gray — Ballabay,  Mon- 
aghan.   County,  Ireland. 

J.  Cato  Worsfold — London,  Eng- 
land. 

J.  Burke  Hendry — London,  Eng- 
land. 

Claude  Basil  Lumley  —  London, 
England. 

Geo.  M.  Melldowie — Belfast,  Ire- 
land. 

Horatius  Stuart  —  Edinborough, 
Scotland. 

Frederick  Patterson  Milligan  — 
Edinborough,   Scotland. 

Francis    V.    Darch — London. 

Sydney  R.  Pollard — London. 

Geo.  W.  Edwards — Liverpool,  Eng- 
land. 

Jno.  C.  O'Carroll — ^Carrickmacross, 
Ireland. 

Allen  E.   Messer — London. 

Sydney  H.  Peddar — London. 

Thos.   J.   McGrath— Dublin. 

Chas.  E.  Murphy — Cookhill,  Ire- 
land. 


Alexander      T.      Lang — Carricknia- 

•    cross,  Ireland. 

Alexander     Bell     Ferguson  —  Glas- 
gow. 

Wm.  Woods — Clones,  Ireland. 

Jno.   Jos.    Horgan — Cork,   Ireland. 

James    Henry    Nelson    Curtis — Sut 
ton  (Surrey)  Epsom  and  London. 

Hawaii — • 

Geo.  A.  Davis — Honolulu. 
Patrick      Henry      Burnette — Hono- 
lulu. 
J.   T.   Walker— Honolulu. 

Italy— 

Chas.    McNamee — Rome. 

Massachusetts — 

Blanche  I.  Brackett,  Boston. 
Jno.  Dearborn,  Maiden. 

Missouri — 

Harold    Johnson,    St.    Louis. 

New  Jersey — 

Jas.    Teeling,    Newark. 
Richard    Stockton,    Newark. 

New  York — 

Samuel  B.   Goodale,  New  York. 
Jos.  B.  Braman,  New  York. 
Wm.  F.  Lett,  New  York. 
Wm.  Johnson,  New  York. 
George    H.    Covey,    New    York. 
Irvin  J.  Weil,  New  York. 
Jno.   J.    Dwyer,    New   York. 
Ella  F.  Braman,  New  York. 

Oregon — 

Arthur   P.   Tift,   Portland. 

Pennsylvania — 

Jno.  S.  Wurts,  Philadelphia. 
Robt.   W.   Lloyd,   Philadelphia. 
Elbert    Williamson,    Philadelphia 
Kinley  J.   Tener,  Philadelphia. 
Thos.  J.  Hunt,  Philadelphia. 

Ehodo  Island — 

Edwin    C.    Potter,   Providence. 


NOTARIES   PUBLIC. 


1279 


NOTARIES  PUBLIC. 

[The  notaries  public  of  California  are  numbered  by  the  thousands.     The  accom- 
panying list  contains  one  for  each  town  except  San  Francisco.     The  notary  given 

is  usually  the  one  whose  commission  has  the  longest  to  run.] 


ACAMPO— D.  M.  Denehy. 
ADIN— Geo.  H.  Knight. 
AGER — Judson   A,   Ager. 
AGNEW— T.   T.   Tourtillott. 
AGUA   CALIENTE— Morris  Levy. 
ALAMEDA— A.  H.  Breckwoldt. 
ALBION— Albert  C.  Hogan. 
ALDER  POINT— Joseph   F.   McKnight. 
ALHAMBRA— Raymond  W.  Jarecki. 
ALLEN  WORTH— Zebedee      M.      Hinds- 
man. 
ALPAUGH— H.  L.  Wilson. 
ALTADENA— James  B.  Eddie. 
ALTAVILLE — Monte    Verila    Lawrence. 
ALTON— Frank  Luther. 
ALTURAS— A.  F.  Sharbel. 
AMADOR  CITY— O.  E.  Martin. 
ANAHEIM— Richard  Melrose. 
ANDERSON— J.  0.  Bleichfeldt. 
ANGELS  CAMP— A.  Barry. 
ANNETT— James  Miller. 
ANTIOCH— J.  P.   Abbott. 
APTOS— C.  W.  Hortsman. 
ARBUCKLE— J.  W.  Woodland. 
ARCATA — Thomas  R.   Emerson. 
ARLINGTON— Francis  Pedley. 
ARROYO  GRANDE— M.  R.  Swall. 
ARTESIA— Arthur  E.  E.  Frampton. 
ATWATER— W.  H.  Osborne. 
AUBERY— C.  P.  Lewis  George. 
AUBURN— Fred  P.  Tuttle,  Jr. 
AVALON— W.  M.  LeFavor. 
AZUSA— G.  E.  Glover. 

BAGDAD— William  J.  Coopman. 
BAKERSFIELD— T.  F.   Allen. 
BALDWIN     park:— William    R.    John- 
son. 
BALLARAT— H.  L.  S.  Robinson. 
BANDSTOWN— Harry  A.  Valentine. 
BANGOR— M.  M.  Turner. 
BANNING— Charles   T.   Dyhre. 
BARKER— Geo.  T.  Shaw. 
BARSTOW— Eugene  L.  White. 
BAY  POINT— A.  N.  Lofgren. 
BEAUMONT— E.  J.  Gillis. 
BELDEN— Clement  N.   M.  Nallen. 
BELL — Presley   Moore. 
BELVEDERE— Jos.    S.   Hawkins. 
BENICIA— J.  S.  Stevens. 
BEN  LOMOND— Nellie  T.  Nicholson. 
BENTON— Samuel  J.  Alderman. 
BERKELEY— Floy    Crane. 
BESWICK— W.  C.  Brown. 


BETTERAVIA— W.   W.   Stokes. 
BIEBER— Homer  C.  Jack. 
BIGGS— Nellie   I.   Carnduff. 
BIG  OAK    FLAT— Daniel   Corcoran. 
BIG  PINE— O.  L.  Anderson. 
BIRDS   LANDING— Alexander    W.    Mc- 
Donald. 
BISHOP— W.  M.  Brooks. 
BLACXSBURG— F.  M.  Helmke. 
BLOOMINGTON— J.  E.  Blair. 
BLUE  LAKE— Gus  Perigot. 
BLY THE— Henry  C.   Downes. 
BOCA— S.  E.  Wagner. 
BODIE— 0.  F.  Hakes. 
BOLIN^^S- Joseph  G.  Petar. 
BOONEVILLE— T.  E.  Rawles. 
BONSAL— Geo.    D.    Stevens. 
BOULDER  CREEK— W.  B.  Peery. 
BRAWLEY— M.  G.  Doud. 
BRAY— William  J.  Bray. 
BREA— A.  J.  Olsen. 
BRENTWOOD— R.  G.  Dean. 
BRICELAND— C.   S.   Thomas. 
BRIDGEPORT— Pat  R.  Parker. 
BRIDGWILL— M.   Lue   Ballard. 
BROOKD ALE— Alfred  Delnoy. 
BROWN— Mary  T.  Haelsig. 
BROWNSVILLE— C.  F.  Harvey. 
BRUCEVILLE— Charles  W.  Peck. 
BUENA   PARK— D.  W.  Hasson. 
BULLION— Harold   M.   Power. 
BURBANK— Charles  E.  Salisbury. 
BURLINGAME— J.   M.   Chrisman. 
BURKE— Sadie  Dixon. 
BURNEY— A.  W.  Gale. 
BURRELL— F.  F.  Eaton. 
BURSON— Daniel  M.  Dyer. 
BUTTE  CITi— George  F.  Le  Rossignol. 
BYRON— F.  A.  Gaines. 
BYRON  SPRINGS— L.  R.  Mead. 

CALEXICO— H.  H.  Griswold. 
CALISTOGA— C.  W.  Crouch. 
CALLAHAN— R.  V.  Hayden. 
CALWA — John  C.  Maloney. 
CALAVERAS — Henry  A  Cavagnaro. 
CAM ARILLO— Albert   M.   Meyer. 
CAMBRIA— W.  M.  Lyons. 
CAMINO— John  B.  Hughes. 
CAMPBELL— John  F.  Duncan. 
CAMP    MEEKER— Cardine   L.   Morgan. 
CAMPO— Isabella  M.  Davies. 
CAMPO  SECO— J.  F.  Paulk. 
CAPAY— Geo.   W.  Tandy. 


1280 


hillyeb's  legal  manual. 


CARMEL— J.  W.  Hand. 
CARPINTERIA— Thomas  W.  Ward. 
CASPAR— Fred  W.  Stickney. 
CASSELL— H.    E.   Williams. 
CASCADA— D.  L.  Roberts. 
CASTELLA— John  O.  Smythe. 
CASTROVILLE— S.  Reed  Williams. 
CAYUCAS— Jas.  A.  Girard. 
CAZADERO— W.  B.  Quigley. 
CEDARVILLE— L.  N.  Pabst. 
CEMENT— F.  S.  Saunders. 
CENTEEVILLE— Thomas  C.   Huxley. 
CERES— L.  H.  Whitmore. 
CHICO— J.  D.  March. 
CHINA  FLAT— Albert  W.   Symmes. 
CHINESE    CAMP— Sol.   Morris. 
CHINO— Clyde  Doyle. 
CHOWCHILLA— J.  A.  Perry,  Jr. 
CHULA  VISTA— T.  B.  Frost. 
CHU ALAR— Geo.  P.  Beck. 
CISCO— Ella  M.  Freeman. 
CLAREMONT— A.  W.  Richards. 
CLARKSBURG— G.  H.  Colby. 
CLAYTON— Gus  L.   Goethals. 
CLIO— J.  N.  Place. 
CLIPPER  MILLS— W.  J.  Schultz. 
CLOVE'RDALE— Lewis    Raymond    Lam- 
bert. 
CLOVIS— E.  S.  Nevins. 
COACHELLA— H.   A.   Westerfield. 
COALINGA— Harry   Herren. 
COARSEGOLD— H.   A.   Krohn. 
COFFEE— E.  E.  Pinkham. 
COLEGROVE— F.  W.  McCabe. 
COLFAX— Lee  Gray. 
COLMA— Henry  Ward  Brown. 
COLTON— Fred  O.  Lewis. 
COLUMBIA— John  W.  Pitts. 
COLUSA— Seth  Millington. 
COMPTON— E.  E.  Elliott. 
COMPTONVILLE— S.   J.  Fra&er. 
CONCORD— Wilfred  L.  Brown. 
CONEJO— Aaron  B.  Butler. 
COPPEROPOLIS— J.   T.  Baker. 
CORAM— George  J.  Hardy. 
CORCORAN— W.  S.  McCreary. 
CORDEIilA— A.   H.   Klahn. 
CORNING— C.  S.  Jobe. 
CORONA— John  P.  Key. 
CORONADO— J.  Brooks. 
CORTE  MADERA— W.  A.  James. 
COTTONWOOD— J.   E.   Dilley. 
COULTERVILLE— W.  J.  McCarthy. 
COURTLAND— C.  E.  Brunnell. 
COUTOLENE— J.  M.  Ellis. 
COVELO— Amos  Dennis. 
COVINA— Lottie  M.  Merwin. 
COWELL— Elvin   N.  Leh. 
CRESCENT  CITY— Ethel  L.  Howe. 
CRESSY— John  M.  Miller. 
CROCKETT— Hugh  P.  Edwards. 
CROWS  LANDING— L.  McAulay. 


CUCAMONGA— H.  O.  Ward. 
CUDDY'S  RANCH— Florence  L.  Cuddy. 

DALY  CITY— Fred  T.  Peterson. 
DANLY— Homer  R.   Scott. 
DANVILLE— F.   A.   Marshall. 
DARWIN— Mamie  E.  Reynolds. 
DAVENPORT— E.  Valla. 
DAVIS— Forrest  A.  Plant. 
DECOTO— T.  S.  Fereira. 
DELANO— H.  Hawley. 
DELTA— Edward   Sanders. 
DEL  NORTE— Ernett  S.  Husted. 
DENAIR— A.  M.  Morton. 
DEVOTO— Harriett   Joyce. 
DINUBA— C.  C.  Threlkeld. 
DIXON— R.  Moss. 
DOBBINS— Wm.   Sonimons. 
DORRIS— M.  Stitsen. 
DOS  PALOS— Seibert  Cain. 
DOWNEY— Arthur  L.  Darby. 
DOWNIEVILLE— James  F.  Hunt. 
DOYLE— F.  J.  Curley. 
DUCOR— Arthur  L.   Harris. 
DUNBAR— S.  W.  Jackson. 
DUNCAN'S  MILLS— Jean  Pyatt. 
DUNNIGAN— Frank  Weidner. 
DUNSMUIR— Mason  A.  Bailey.     . 
DURHAM— James   M.   Smith. 
DYERVILLE— R.   E.   Morton. 

EAGLEVILLE— John  W.   Taylor 

EAST  AUBURN— G.  E.  Lukens. 

EAST  OAKLAND— H.  A.  Thomas. 

EAST  HIGHLANDS— Jesse  Cadwal- 
lader. 

EAST  SAN  DIEGO— David  H.  Ryan. 

EAST  WHITTIER— J.  F.  Hubbard. 

EDGEWOOD— A.  C.  Gridley. 

EL  CAJON— Ina  C.  True. 

EL  CENTRO— Allen  P.  Nuffer. 

EL  DORADO— V.  Arrasmith. 

ELDREDGE— R.  I.  Wickham. 

EL  GRANADA— Geo.  Croydon. 

ELIZABETH   LAKE— Chas.   Hahn. 

ELK— C.  W.  Walker. 

ELK  CREEK— William  Dodd. 

ELK  GROVE— M.  A.  Mitchell. 

ELMHURST— A.  F.  Horstman. 

ELMIRA— F.  H.  Clark. 

EL  MONTE— A.  B.  Edincott. 

EL  PASO  DE  ROBLE'S— E.  M.  Ben- 
nett. 

EL  PORTAL— B.  K.  Young. 

EL  SEGUNDO— B.  M.  Kunston. 

ELSINORE— J.   T.  Kuhns. 

EMERYVILLE— B.  R.  Lane. 

EMPIRE— C.  W.  Caylor. 

ENCANTO — Joseph  Ryan. 

ENCINITAS— T.  W.  Cozens. 

ESCALON— Andrew  Kern. 


NOTARIES   PUBLIC. 


1281 


ESCONDIDO— W.   N.    Bradbury. 
ESPAKTO— H.   S.   Dunlap. 
ESTUDILLO— William   H.  Willcox. 
ETNA — Marx    Martins. 
ETNA  MILLS— W.  T.  Young. 
EUGENE— D.  E.  Kelleher. 
EUREKA— Otto  C.  Gregor. 
EXETER— Fleetwood  Bell. 

FAIRFIELD— K.  L  Jones. 
FAIR  OAKS— Ida   M.   Palmer. 
FAIR  PLAY— Minnie  E.  Allen. 
FAIRPORT— Fred  Shaffer. 
FALLBROOK— W.  M.  Smelser. 
FALL  RIVER  MILLS— W.  T.  Dimick. 
FARALLONE— F.  E.  Hamlin. 
FARMINGTON— Berde   M.    Alders. 
FELLOWS— W.   J.   Hamilton. 
FERND ALE— Benjamin   F.   Hillier. 
FIELDS     LANDING— Herbert     R.     In- 

skip. 
FILLMORE— John    A.    Galvin. 
FIREBAUGH— L.   H.    Stone. 
FOLSOM— James    H.    Burnham. 
FORBESTOWN— A.  J.  Batt. 
FOREST   HILL— E.  A.  Garrison. 
FORESTVILLE— John    M.    Gwen. 
FORT  BIDWELL— B.  F.  McCombs. 
FORT   BRAGG— Amos  Dennis. 
FORT  JONES— A.  Geo.   Simas,  Jr. 
FORTUNA— C.  A.  Eastman. 
FOWLED- J.  R.   Gould. 
FRENCH  GULCH— George  R.  Simmons. 
FRESNO — C.   W.    Tackaberry. 
FRUITVALE— J.   C.   Holland. 
FULLERTON— W.  D.   Cokely. 

GALT— J.  J.  Campbell. 
GARBERVILLE— T.    M.   Tobin. 
GARDENA— O.   C.  Olds. 
GARDEN  GROVE— J.  D.  Price. 
GARVANZA— Jennie   M.   Gilbert. 
GAZELLE— Edson  L.  Foulke. 
GEORGETOWN— Ernest  W.  Claresse. 
GEYSERVILLE— H.  E.  Black. 
GILROY— E.  R.  Green. 
GLENDALE— Joseph  F.  Lilly. 
GONZALES— John  C.  Lazier. 
GOSHEN— T.  W.   Blick. 
GRAFTON— Ralph    E.    Webb. 
GRASS   VALEY— E.    H.   Armstrong. 
GREENFIELD — A.  Curtis  Anderson. 
GREENVILLE— W.  W.   Hall. 
GRIDLEY— T.  J.  Long. 
GRIMES— J.  M.  Dixon. 
GROVELAD— J.   C.   Ferari. 
GUADALOUPE— Stephen     V.      Campa- 

donico. 
GUERNSEY— Ed  Dodd. 
GUERNEVILLE— I.   McGuffin. 
GUINDA— Edwin  W.   Smith. 
GUSTINE— Geo.  J.  Ames. 
81 


HALF  MOON  BAY— John   Pitcher. 
HAMILTON  CITY— P.  S.  Quigley. 
HANFORD— B.  D.  Ainsworth. 
HAPPY    CAMP— G.    R.    Humphreys. 
HARDWICK— V.  J.  Weant. 
HART— Milton   Mundy. 
HAWES— R.  F.  Groom. 
HA WTHORNEr— Arthur  H.  Smithers. 
HAYFORK— Daisy    M.    Coumbs. 
HAYNES— C.  S.  Thompson. 
HAYWARDS— J.  D.  Armstrong. 
HEALDSBURG— Fred    W.    McConnell. 
HENLEYVILLE— Norman  Todd. 
HESPERIA— Lawrence  E.  Smith. 
HERMON— J.  G.  Baird. 
HERALD— Frank    A.   Warren. 
HEMET— Chas.  E.  Goodhue. 
HERMOSA  BEACH— Edwin  B.  Smith. 
HIGHGROVE— W.   H.   Ryan. 
HIGHLAND— J.   Kienzman. 
HILLSBOROUGH— John  A.  Hrey. 
HILTS— L.  E.  Hagan. 
HOLLISTER— Maude  Towle. 
HOLLYWOOD— Ray   W.   Hussey. 
HOLT— J.  M.  Bigger. 
HOLTVILLE— King  1j.   Kendle. 
HOPLAND— Will  Huntley. 
HORNBROOK— Raymond  J.   S.  Barry. 
HONCUT— H.   A.   Brown. 
HORNITAS— William  Adams. 
HUENEME— Edwin    H.    Wood. 
HUGHSON— William  H.  Barnes. 
HUNTINGTON  BEACH— W.  D.  Seely. 
HUNTINGTON  PARK— H.  H.  Mills. 
HUTTON— Frank  Edwards. 
HYDEVILLE— R.  M.  Parsons. 

IMPERIALr-Geo.  H.  P.  Shaw. 
INDEP'ENDENCE— William     B.     Hun- 
rod. 
INDIAN   FALLS— Maud    G.    Goodhue. 
INDIO— H.   E.   Gard. 
INGLEWOOD— W.    G.    Brown. 
INYO— J.  C.  Farrar. 
lONE — Jacob    Surface. 
IOWA   HILL— Everett   C.   Macy. 
IRMA — Caroline  M.  Robertson. 
IRVINGTON— Thomas  J.  Power. 
IRWIN  CITY— G.  F.  Brandon. 
ISLETON— Paul  De  Bach. 

JACKSON— James  .T.  Wright. 
JAMESTOWN— A.  W.  Nash. 
JENNYLTND — Tames  M.   Sinclair. 
JOHANNEISBURG- Lizzie    B.    Teagle. 
.TOHNSVILLE— Geo.   L.   Redstreak. 
JOLON — J.  Alonzo  Forbes. 
JULIAN— Edwin  W.  Parsons. 

KAWEAW— Geo.  W.  Hopping. 
KELLER— A.   T.   Smith. 
KELSEYVILLE— W.  E.  Hunt. 


1282 


hillyer's  legal  manual. 


KELrSO— W.  L.  Ames. 
KENNETT— Harry  Donelly. 
KENTFIELD— J.   E.  Lewis. 
KENWOOD— Elmer    W.    Kilgore. 
KERMAN— Julian   W.  Hudson. 
KERNVILLE— Charles  C.  Taylor. 
KING  CITY— John  N.  Besse. 
KING-SBURG— F.  D.  Rosendahl. 
KINGSBURY— O.  E.  Peterson. 
KLAU— Otto   Wyss. 
KNOB— W.  W.  Markham. 
KORBEL^H.  A.   Baldwin. 

LA  CANADA— H.  E.  White. 
LADOGA— J.  A.  Lovelady. 
LA  GRANGE— J.  A.     Hammond. 
LAGUNA  BEACH— Nathan  Philbrook. 
LA  HEBRA— F.  R.  Aldrich. 
LA  JOLLA— John  W.  Schroeder. 
LAKEPORT— H.  V.  Keeling. 
LAKESIDE— J.  H.  Burtch. 
LAMANDA  PARK— J.  C.  Lunprez. 
LA  MESA— S.  C.  Grable. 
LA  MESA   SPRINGS— M.   W.   McNiel. 
LANCASTER— George   H.  Fuller, 
LANKERSHIM-^C.  M.  Wilcox. 
LAPORTE— Elizabeth    Caya. 
LARKSPUR— W.   H.   Mahoney. 
LATHROP— J.   H.   Southwell. 
LATON— D.   T.   Eisenbray. 
LAWNDALE— H.    D.   Moseley. 
LAWS— J.    H.   Stoutenborough. 
LAYTONVILLE— A.  L.  Smith. 
LEE— W.  H.  Lillard. 
LE   GRAND — Bessie  Carmean. 
LEMON  COVE— M.  L.  Moffatt. 
LEMOORE— Pete  Caraseo. 
LENOX  STATION— George  H.  Burton. 
LEWISTON— Charles  Paulsen. 
LIKELY— J.  A.  Pierce. 
LINCOLN— Alfred  E.   Clark. 
LINDEN— C.   N.   Harrison. 
LINDSAY— J.  T.  Fuller. 
LITTLEROCK— F.  K.  Barton. 
LIVERMORE— W.  G.  Callahan. 
LIVEOAK— Justus  A.  Wilkinson. 
LIVINGSTON— J.    L.    E.    Hitchcock. 
LLANADA— Stephen  H.  Langford. 
LOCKFORD— R.  P.  Barbour. 
LODI— J.  W.  Wagers. 
LOLETA— W.  F.  Dixon. 
LOOKOUT— George   R.    Walker. 
LOOMIS— A.  S.  Martindale. 
LOMA  LINDA— S.  S.  Merrill. 
LOMPOC— A.   G.  Balaam. 
LONE  PINE— J.  C.  Anton. 
LONG  BEACH— Geo.  A.  Skinner. 
LORAINE— A.   D.   C.  McKay. 
LORDSBURG— Edgar  C.  Kenyon. 
LOS  ALAMITOS— Alfred  W.  Jones. 
LOS  ALAMOS— A.  Lesser. 


LOS  ALTOS— E.  D.  Carothers. 

LOS  ANGELES— Samuel  Nixon  Coul- 
ter. 

LOS  BANCS— Stephen   T.   Galvin. 

LOS  GATOS— D.  H.  Milligan. 

LOS  MOLINOS— Clara  Randolph. 

LOWER  KLAMATH  LAKE— George 
Edwin  Bradnack. 

LOWER  LAKE— Luke  Evans. 

LOYALTON— Henry  B.  Neville. 

LUDLOW— E.   A.   Reinearth. 

MACDORE— Robert  S.  Green. 

MACDOEL— W.  P.  Vetter. 

MADERA — Robert  L.  Hargrove. 

MAGALIA— Levi   Kohn. 

MANTECA— William  H.  Wall. 

MANZANAN— Ira   L.   Hatfield. 

MARICOPA— F.  W.  Train. 

MARIPOSA— R.  B.  Stolder. 

MARTINEZ— L.  C.  Brown. 

MARYSVILLE— H.  A.  Niemeyer. 

MASONIC— J.   K.   Weitfle. 

MAXWELL— George  L.  Harden. 

MAYFIELD— C.  F.   Wright. 

McCLOUD— J.  A.  Thomas. 

McFARLAND— Chester  E.  Lockwood. 

McKITTRICK— H.  B.  Phelan. 

MEADOW  VALLEY— Harvey  P.  Rod- 
gers. 

MELROSE— John  Brophy. 

MENDOCINO— Joseph  N.  Rea. 

MENDOTA— Isaac   Meyer. 

MERCED— Frank  H.   Farrar. 

MERCED  FALLS— Henry  S.  Minor. 

MERIDIAN— W.  O.  Wood. 

MICHIGAN      BLUFF— H.       L.       Van 

Eman. 
MIDDLETOWN— J.  L.  Reid. 

MILLS    COLLEGE— Fannie    A.    Madi- 
son. 
MILL  VALLEY— James  B.  Chase. 
MILLVILLE— C.  P.  Dunham. 
MILTON— Frank   Brown. 
MISSION    SAN    JOSE— E.    W.    Stein- 

metz. 
MODESTO— Grace  Hansel. 
MOHAWK— J.    M.    Keckler. 
MOKELUMNE     HILL  —  A.     H.     Me- 

Carty. 
MONTEBELLO— J.  W.  Van  Orsdell. 
MONETA— E.  M.  Kaufman. 
MONO  LAKE— A.  E.  Benedict. 
MONROVIA— W.  H.  Evans. 
MONTAGUE— G.  H.  Chambers. 
MONTE  VISTA   VALLEY— George   C. 

Buck. 
MONTEREY— Charles   Carr. 
MONTGOMERY      CREEK  —  Herbert 

Boss. 
MONTICELLO— Bani  V.   Seribner. 


NOTARIES  PUBLIC. 


1283 


MOOR  PARK— E.  C.  Graham. 
MORGAN  HILL^C.  H.  Barrett. 
MOSS  BEACH— Annie  G.  Smith. 
MOUNTAIN  RANCH— W.   A.  March. 
MOUNTAIN      VIEW  —  William      L. 

Camp. 
MURPHYS— James   M.  Stevens. 

NAPA— Nathan  F.   Coombs. 
NATIONAL  CITY— Amelia  H.  Eddy. 
NEEDLES— Cubbage  Wilford. 
NEIGHBORS— Jessie  I.  Bodkin. 
NEVADA  CITY— F.  T.  Nilon. 
NEWARK— Arthur  Theodore  Biddle. 
NEWBERG— Thomas  J.   Smith. 
NEWCASTLE— George    D.    Kellogg. 
NEWHALL— J.  F.  Powell. 
NEW    IDRIA— Henry    W.    Gould. 
NEWMAN— Charles  B.  Cleaves. 
NEW   PINE   CREEK— E.  P.  Branley. 
NEWPORT  BEACH— Lew  H.  Wallace. 
NEWVILLE— H.  P.  Mitchell. 
NICOLAUS— T.   J.   Mulvaney. 
NILES— Edward  A.  Ellsworth. 
NIPONO— Tuanita  Dana. 
NORDHOPF— John  J.  Burke. 
NORTHFORD— L.  F.  Franklin. 
NORTH  FORK— J.  E.  Roberts. 
NORWALK— E.   P.   Truitt. 
NOVATA— M.  F.  Morrison. 

OAKDAx^E— George   D.  Avery. 
OAKLAi>lD— V.  D.  Stuart. 
OAKLEY— Joseph  A.  Jesse. 
OAK  PARK— L.  M.  Skelley. 
OAK  RUN— William  Filers. 
OCCIDENTAL— Francis    R.    Harrison. 
OCEAN— Marvin  W.  Smith. 
OCEAN  BEACH— Jas.  A.   Gilbert. 
OCEAN  PARK— P.   J.   Dudley. 
OCEAN  PARK     HEIGHTS— Winifred 

W.  Carberry. 
OCEANSIDE— George  A.  Lane. 
OIL  CENTER— F.  E.  Smith. 
OLETA— William   Brown. 
ONO— W.  J,  Hammans. 
ONO  RANCH— J.  F.  Fry. 
ONTARIO— Archie  D.  Mitchell. 
ORANGE— W.  H.  H.  Clayton. 
ORANGEVILLE^Olive   J.    Rothe. 
ORCUTT — Cook  Farnum. 
ORICK— John   G.   Chapman. 
ORLAND— J.  B.   Hazelton. 
OROSI— H.  L.  Andrews. 
OROVILLE— A.  C.  Tucker. 
OTAY— C.  V.  Malone. 
OXNARD— E.  S.  Gardner. 

PACIFIC  BEACH— Alfred  R.  Pease. 
PACIFIC  GROVE— J.  P.   Pryor. 
PALA— Arthur  T.  Specs. 


PALA  MAR— Griffith  O.  Hughes. 
PALMS— Irwin   C.   Butler. 
PALO   ALTO— Thomas   Monroe. 
PANOCHE— George  Berg. 
PARADISE— J.  A.  Nunmely. 
PARKFIELD— John    W.   FretweU. 
PARLIER— J.   F.   Hayhurst. 
PASADENA— Jas.    Wheeler   Morin. 
PASKENTA— Myra  S.  Warmoth. 
PASO  ROBLES— Brewer  Lyman. 
PATTERSON— Albert  Hell. 
PATTON— F.  G.  Wishard. 
PELTVILLE— Nanine   Brown. 
PENRYN— W.  W.  Pippins. 
PEPPERWOOD— George  R.  Young. 
PERKINS— Charles  M.  Best. 
PERRIS— H.  M.  Harford. 
PERU— David  Felsenthal. 
PESCADERO— Carl  J.  Coburn. 
PETALUMA— Hugh  B.  Logan. 
PETROLIA— James  Hart. 
PIEDMONT— S.  F.  Pentethy. 
PIKE— L.  W.  Wood. 
PINCHOT— Charles  Edwin  Bosley. 
PINOLE— L.  E.  Hart. 
PISMO— Margaret   M.   Carroll. 
PLACENTIA— E.   C.  Hazzard. 
PLACER— Mary  H.  Wallace. 
PLACERVILLE— Clarke  Howard. 
PLANADA— James  W.  Wilson. 
PLEASANTON— John  R.  Palmer. 
PLEASANTON      GROVE  —  Mary      O. 

Srite. 
PLEYTO— William  Pinkerton. 
PLUMAS  JUNCTION— L.  B.  Cole. 
PLYMOUTH— John   Blower. 
PORTERVILLE— Geo.  B.  Crittenden. 
QUINCY— Edith  I.  Le  Bourveneau. 
POINT  ARENA— J.  W.  Kingren. 
POINT  LOMA— J.  F.  Knoche. 
POINT  REYES— John   A.   Bondeson. 
POMONA— W.  D.  Frederick. 
PORTOLA— Edward  I.  Lane. 
POTTER  VALLEY— T.  P.  Hopkins. 
POUAY— Lewis  E.  Kent. 
PRATTVILLE— R.   A.   Coster. 
PRINCETON— F.  M.   Porter. 
PUENTE— Geo.  C.  Cross. 
PULGA— W.  H.  King. 

RAILROAD  FLAT— Thomas  W.  Tay- 
lor. 

RAISIN— Nelle  E.  Flickenger. 

RAMON  A— John   P.   Sutherland. 

RAMONA  ACRES— Joseph  T.  Camp- 
bell. 

RANDSBURG  —  Josephine  Montgom- 
ery. 

RANN ELS— Robert  Turlong. 

RAYMOND— E.  L.  McCapes. 

REDDING— Charles   A.  Potter. 


1284 


HILLYER^S  LEGAL   MANUAL. 


BED  BLUFF— E.  Flennon. 
REDLAND— Fred  A.  Clark. 
REDONDO  BEACH— Frank  Perry. 
REDWOOD  CITY— James  T.   O'Keefe. 
REEDLEY — Marion    Denwen. 
REPRIS A— Charles  F.  Schwilk. 
REQUA— J.   H.   Laam. 
RIALTO— Louise   H.   Richard. 
RICHMOND— Mary  A.  Woods. 
RICHVALE— George    A.    Dennison. 
RIO  DELL— H.  D.  Davis. 
RIO  VISTA— A.  R.  Price. 
RIPON — A.  R.  Magruder. 
RIVERA— F.  H.   Tieskoctter. 
RIVERBANK— R.  L.   Evans. 
RIVERDALE^William   Becker. 
RIVERSIDE— William   T.  Dunsmore. 
ROCKLIN— Lily  Laird. 
ROHNERVILLE— George   Patmore. 
ROSEVILLE— Arthur  R.  Green. 
ROSS— H.  B.  Field. 
RUST— A.   C.  Wagner. 

SACRAMENTO— S.   Luke    Howe. 
SALADA     BEACH— Martin     H.     Law- 
son. 
SALINAS  CITY— E.  Kelly  Eohn. 
SALSIG— Geneva  R.   Klinke. 
SAMOA— Frank  P.  Adams. 
SAN  ANDREAS— Chester  E.   Nuland. 
SAN   ANSELMO— James   C.   Michener. 
SAN  ARDO— H.  G.  Towle. 
SAN  BENITO— Harrby  B.  Leonard. 
SAN   BERNARDINO— Grant   Holcomb. 
SAN  BRUNO— A.  Hyde  Green. 
SAN  BUENAVENTURA— E.  E.   Mass. 
SAN   DIEGO— Frank   E.   Atwood. 
SAN  DUMAS— E.  H.  Kiefer. 
SAN  FERNANDO— G.   W.   Switzer. 
SAN  FRANCISCO— 

Jones,  Richard  H, 

Sonntag,  Lincoln. 

Tyson,   Robert  J. 

Francee,  Charles. 

Lawrence,  M.  I. 

Burnham,  Edith. 

Leister,  Henry  B. 

Ballou,  Addie  L. 

McCue,  Jane  F. 

Ryan,  E.  B. 

Brown,  J.  D. 

Edelman,  Charles. 

Fugazi,  S.  B. 

Brown,  H.  D. 

Saiz,  Pedro. 

De  Figuerrodo,  V.  L. 

Russ,  R.  R. 

Stanley,  Charles  T. 

Kerrigan,  J.  J. 

Brady,  Matthew. 

Holton,  Chas.  R. 


SAN  FRANCISCO— Continued. 
Harper,  Henrietta. 
Brusie,  M.  A. 
Cantrell,  R.  J. 
Hobart,  Harriett  K. 
Levy,  Eugene  W. 
Denson,  H.  B. 
Anderson,  L.  H. 
Palmer,  Sid.  S. 
Furman,  Alfred. 
Condon,  L.  H. 
Lane,  Mark. 
Spencer,  Alice. 
Thomas,  Mary  L. 
Cordy,  John  J. 
Smith,  Ella  L. 
MacDonald,  A.  H. 
Lyon,  W.  T. 
Tallant,  George  P. 
Reith,  Charles  E. 
Griffin,  Gerald  A. 
Nagle,  A.  J. 
Hasty,  Anne  F. 
Withoft,  T.  W. 
Sullivan,  Harry  F. 
Alverson,  W.  W. 
Dunlap,  Boutwell. 
Gardner,  Hortense. 
Hail,  Leora. 
Cleveland,  Maude  J. 
Aronshon,  Martin. 
Henry,  A.  J. 
Doneiin,  Genevieve  S. 
Horn,  Harry  L. 
Mason,  James. 
Tyrrell,  John  R. 
Cook,  J.  W. 
Treat,  R.  B. 
Burnes,  Thomas  S. 
Bauer,  Hamilton  A. 
Towne,  Percy  E. 
Eggers,  O.  A. 
Pyburn,  W.  H. 
Duisenberg,  Chas.  F. 
Vernon,  Howard. 
Judd,  Gertrude  M. 
Reeves,  Judson  W. 
Lapachet,  B.  P. 
Macomber,  Lloyd. 
Burnett,  Lester  G.  . 
Hess,  W.  T. 
Dibblee,  Oliver. 
Hamilton,  Nettie. 
McCallan,  John. 
Brace,  W.  A, 
Cohn,  Lyda. 
O'Connor,  -Chas.  D. 
Smith,  H.  E.  W. 
Hall,  Flora. 
Collins,  H.  V. 
Probasco,  Geo.  H. 


NOTARIES  PUBLIC. 


1285 


SAN  FKANCISCO— Continued. 

Murphy,  John  L. 

Wood,  Baldwin. 

Doherty,  Jas.  W. 

Glover,  Jas.  G. 

Daggett,  A.  K. 

Eichards,  D.  B. 

Kennedy,  P.  J. 

Sessions,  C.  B. 

Oalmann,  Julius. 

Cavalli,  Geo.  F. 

Sterling,  Mattie  G. 

Laidlaw,  Etta. 

Simi,  Hugh   T. 

Trieou,  Henry  P. 

Healy,  W.  W. 

Bennett,  Herbert. 

Williamson,  Chester. 

Brierly,  John  J. 

Hench,  George  M. 

Smith,  H.  T. 

Cornell,  J.  R. 

Canepa,  Victor  J. 

Bush,  William  B. 

Ford,  F.  C. 

Hinds,  H.  C. 

Brown,  R.  M. 

Munday,  Chalmer. 

Duncan,  A.  M. 

Beardeu,  Louise. 

Owen,  Frank  L. 
SANGER— W.  M.  Barr. 
SAN    GREGORIO— Samuel    A.    Barker. 
SANITARIUM— J.  J.  Wessels. 
SAN  JACINTO— B.  H.  Crow. 
SAN  JOSE— C.  E.  Kelsey. 
SAN  JUAN— Rosalie  L.  Faix. 
SAN    JUAN     CAPISTRANO— Richard 

Egan. 
SAN    LEANDRO— Emanuel    S.    Gomes. 
SAN  LORENZO— George  H.  Vose. 
SAN  LUCAS- Albert   M.   Trescony. 
SAN  LUIS  OBISPO— C.  P.  Kaetzel. 
SAN  MARTIN— H.  Robinson. 
SAN  MIGUEI^-R.  L.  Perry. 
SAN  PABLO— Stanley  Allen. 
SAN  PEDRO— A.   G.  Sepalveda. 
SAN  QUENTIN— L.  L.  Stanley. 
SAN  RAFAEL— George  D.  Shearer. 
SANTA  ANA— Daniel  A.  Casey. 
SANTA   BARBARA— E.    L.    Dreyfuss. 
SANTA  CLARA— Julia  Irene  Roll. 
SANTA  CRUZ— W.  C.  Hoffman. 
SANTA  MARGARETA— Oliver  S.   Sel- 
lers. 
SANTA   MARIA— T.   R.   Finley. 
SAN  MATEO— M.  J.  Conway. 
SANTA  MONICA— E.  C.  Wells. 
SANTA  PAULA— W.  Cloyd  Snyder. 
SANTA  ROSA— Clarence  F.  Lea. 
SANTA  YNEZ— D.  S.  Brant. 


SANTA  YSABEL^A.  Mcintosh. 

SAN  YSIDRA— Lorna  D.  Campbell. 

SATICOY— John   A.  Madison. 

SATTLEY— F.  H.  Turner. 

SAUSALITO— Belle   Herzinger.  ' 

SAWTELLE— C.  D.  Ballard. 

SAWYER'S  BAR— Harry  K.  Tomkin. 

SCOTIA— M.  Adaline  Stewart. 

SEASIDE— Robert  Mann. 

SEABASTOPOL— A.  B.  Swain. 

SEELEY— O.  J.  Hull. 

SELMA— D.  S.  Snodgrass. 

SESAME— Frieda  L.  Stahl. 

SHASTA— Thomas  J.  Edgecomb. 

SHERMAN— Thomas  Feron. 

SHINGLE— Will  H.  Harvey. 

SHIRLEY— Sylvanus  G.  Gale,  Jr. 

SIERRA   CITY— Joel  Champion. 

SIERRA  MADRE— W.  S.  Andrews. 

SIERRAVILLE— Fred  Blinman. 

SILVER  LAKE— Gustave  Brauer. 

SIMI — Wayne   W.   Montgomery. 

SISSON— Henry  McGuiness. 

SITES— J.  D.  S.  Taylor. 

SMARTSVILLE— A.    G.   Wheaton. 

SMITH   RIVER— James   Brooking. 

SNELLING— G.  B.  Neighbor. 

SOLDIERS  HOME— Andrew  H.  Rod- 
gers. 

SOLEDAD — Emilio  P.  Giaccmazzi. 

SOLVANG— P.  P.  Hornsyld. 

SOMIS— Ray  E.  Haddock. 

SONOMA— Robert  A.  Poppe. 

SONORA— F.  P.  Otis. 

SOQUEL— W.  E.  Wheaton. 

SOULSBYVILLE— Garnett    T.    Barron. 

SOUTH   BERKELEY— R.   D.   Parish. 

SOUTH  PASADENA— A.  C.  Ona. 

SOUTH  SAN  FRANCISCO— F.  A.  Cun- 
ningham. 

SPENCERVILLE— Robert  Shetterly. 

SPOONVILLE— Thomas    S.   Marlor. 

SPRECKELS— L.  L.  Putnam. 

STANDISH— Nettie  Doyle. 

STANFORD  UNIVERSITY  —  Eliza- 
beth A.  Wright. 

STEGE— T.  R.  McClure. 

STEUARTS  POINT— Archer  H.  Rich- 
ardson. 

STIRLING  CITY— A.  J.  Storey. 

ST.  HELENA— H.  E.  Randall. 

STEVINSON— David  Larson. 

STOCKTON — George-  W.   Leistner. 

STONE  CANYON— I.  S.  Slade. 

STONYFORD— A.  D.  Welton. 

STRATHMORE— E.  E.  Ridgway. 

SUGAR  PINE— G.  L.  Woodson. 

SUISUN— E.  D.  Holly. 

SUMMERLAND— O.  D.  Payne. 

SUNLAND— William  H.  Nance. 

SUNNYSIDE— Charles  C.  Devert. 


1286 


hillyer's  legal  manual. 


SUNNYVALE— Alexander  E.  Sim. 
SUNOL—^Charles   Trinningham. 
SUSANVILLE— W.  G.  Culbreth. 
SUTTER  CITY— Sidney  Mudgett. 
SUTTER  CREEK— Minnie  Provis. 

TAFT— Jean  Bondie. 
TAHOE— Charles  W.  Nelson. 
TALLAC— Charles  G.  Celio,  Jr. 
TALMAGE— Charles   E.   Wilson. 
TEHACHAPI— Philip  Marx. 
TEHAMA— Geo.  C.  Simpson. 
TEMECULA— A.  J.  Eseallier. 
TEMPLETON  —  Leonard      E.      Quarn- 

storm. 
TERALTA— O.  T.  Moore. 
TERRABELLA— F.  C.  Rickey. 
THALHEIM— Norman  B.   Clarke. 
THERMAL— W.  Moffatt  Curry. 
TIBURON— A.  F.  Green. 
TILDEN— H.  F.  Springer. 
TIPTON— Laura  M.  Gwillin. 
TOLLHOUSE— J.  E.  Bretz. 
TOMALES^H.  P.  Bostick. 
TOPAZ— W.  W.  Cunningham. 
TOWLE— W.  P.  Sowden. 
TRACY — Parks  Lewis  Hutchinson. 
TRANQUILLITY— Richard  Fush. 
TRES  PINOS— L.  Thornton. 
TRIMMER— C.  N.  Maxson. 
TRINIDAD— Thomas  T.  Tighe. 
TROPICO— N.  C.  Burch. 
TRUCKEE— C.  F.  McGlashan. 
TULARE— Hazel  B.   Ray. 
TUOLUMNE— John  Bates. 
TURLOCK— William  I.  Titris. 
TUSTIN— Fred  S.   Coverrier. 
TWAIN— H.  G.  Porter. 

URIAH- E.  L.  Waldteufel. 
UPLANDS— A.  H.  Lawrence. 
UPPER  LAKE— Amos  Ogden. 
URBAN— J.  C.  Weybright. 

VACAVILLE— R.  H.  Piatt. 
VALLEJO— Wade  H.  Madrenz. 
VALLEY  FORD— A.  M.  J.  Badasci. 
VALLEY   SPRINGS— Walter  Holmes. 
VALONA— J.  Emil  Petersen. 
VAN  NUYS— Lewis  E.  Bliss. 
VENICE— John  W.  Armstrong. 
VENTURA— Charles  Barnard. 
VETERANS'  HOME— Albert  Brown. 
VICTORVILLE— H.  J.  Martin. 
VIDAI^H.  R.  Brownell. 
VINA — Walter  Henderson. 


VISALIA— C.  L.  Bradley. 
VISITACION     VALLEY— Romie     Bur- 
nett Hutchison. 
VISTA— F.  B.  Richardson. 
VISTA  GRANDE— Ellis  C.  Johnson. 
VOLCANO— Grace  H.  Ross. 

WALLACE— Reginald  Dixon. 
WALNUT— Richard  S.  Persons. 
WALNUT  CREEK— J.  M.  Stowe. 
WALNUT  GROVEr— John  S.  Brown. 
WANAMUCA— M.   W.   Woodward. 
WASCO— H.  E.  Schmidt. 
WATERFORD— A.  D.  Cowden. 
WATSONVILLE— J.  E.  Gardner. 
WATTS— Frederick  J.  Rorke. 
WEAVERVILLE— H.  R.  Gwen. 
WEED— L.  M.  Hobson. 
WESTGATE— J.  Marion  Hill. 
WESTMINSTER— Alt  Burlingame. 
WESTMORELAND— G.    T.    Wellcome. 
WEST  POINT— Arthur  R.  Wilson. 
WESTVILLE— James  G.   Dodds. 
WHEATLAND— Minnie   F.    Anderson. 
WHITE  RIVER— John  C.  Danner. 
WHITMORE— Mary  Sheridan. 
WHITTIER^S.  W.  Barton. 
W^ILLIAMS— J.  W.  Crutcher. 
WILLITS— E.  M.  Whitney. 
WILLOWS— Elma  Knock. 
WILLOW     RANCH— Clara     D.     Strib- 

ling. 
WILMINGTON— Don  C.  Fohl. 
WINDSON— H.  N.  N.  Latimer. 
WINTERS— Roy  F.  Wyatt. 
WINTHROP— E.  A.  Wilson. 
WINTON— A.  L.  Fast. 
WOODBRIDGE— J.   H.   Solkmore. 
WOODLAKE— Jessie  Webb. 
WOODLAND— W.  H.  Grant. 
WOODSIDE— Andrew  A.   Neuman. 
WRIGHTS— W.  H.  Aiken. 

YERMA— J.  M.  Ullom. 
YOLO— L.  W.  Millsap. 
YORBA  LINDA— Joseph  N.  Vanstrom. 
YORKVILLE— T.  L.  Hiatt. 
YOSEMITE— Nelson   L.   Salter. 
YOSEMITE    VALLEY— W.    D.    Thorn- 
ton. 
YOUNTVILLE— Edward    C.    Starkey. 
YREKA— L.  T.  Coburn. 
YUBA  CITY— Lawrence  Schillig. 

ZABRISKIE— Hugh    Eraser. 
ZUCAIPA— -E.  M.  Boyd. 


ATTORNEYS   AT  LAW. 


1287 


ATTORNEYS  AT  LAW. 

(From  "Martindale's   Directory"  by  Permission.) 


ALAMEDA,  Alameda  Co.— 

Berlin,  F.  A. 

Harrison,  E.  Henry, 

James,  H.  K. 

Johnson,  E.  E. 

Otis,  E.  M. 

St.  Sure,  A.  F. 

Stone,  Byron  F. 

Tappan,  R,  B.,  Judge. 

Taylor,  E.  K. 

Taylor,  M.  S. 

Hynes,  W.  H.  L. 
ALHAMBRA,  Los  Angeles  Co.— 

Northrup,  Wm.  M. 

Pitzer,  Sloane. 
ALTURAS,  Modoc  Co.— 

Baldwin,  C.  S.,  Dist.  Atty. 

Bonner,  E.  C, 

Jamison  &  Wylie. 

Cornish  &  Robnett. 

Jamieson  &  Wylie. 

Raker,  C.  A.,  Supr.  Judge. 

Shartel,  A.  F. 

Stewart,  J.  H. 

Rayer,  J.  E. 
ANAHEIM,   Orange   Co.— 

Ames,  H.  G. 

Melrose,  Richard. 

Spencer,  F.  C. 

Tipton,  W.  S. 

Weissel  &  Dutton. 
ANGELS  CAMP,  Calaveras  Co.— 

Snyder  &  Snyder. 
ANTIOCH,  Contra  Costa  Co.— 

Abbott,  J.  P. 

Hartley,  A.  C. 

Ward,  Matt. 
ARBUCKLE,  Colusa  Co.— 

McMullen,  Chas.  C. 
ARROYO    GRANDE,    San   Luis  Obispo 

Co.— 

Emmert,  J.  M. 
ARTESIA,  Los  Angeles  Co.— 

Randall,  Jay  E. 
AUBURN,   Placer   Co,— 

Chamberlain,  L.  L. 

Fulweiler,  Jno.  M. 

Hamilton,  Geo.  W. 

Lardner,  W.   B. 

Lowell,  A.  C. 

Lukens,  G.  E. 

Prewett,  J.  E.,  Supr.  Judge. 

Prewett,  W.  J. 

Robinson,  A.  K. 

Slade,  W.   H. 

Tabor,  B.  P. 


AUBURN,  Placer  Co.— Continued. 

Tuttle,  Chas.  A.,  Dist.  Atty. 

Tuttle,  F.  P.  Jr. 

Tuttle  &  Tuttle. 
AVALON,  Los  Angeles  Co. — 

Stone,  Chas.  B. 

BAKERSFIELD,  Kern  Co.— 

Allen,  T.  E. 

Beaizley,  W.  B. 

Bennett,  P.  W.,  Supr.  Judge. 

Borton,  F.  E. 

Brittain,  E.  F. 

Campbell,  J.  G. 

Clafin,  C.  L. 

Donovan,   James. 

Dorsey,  J.  R. 

Emmons,  E.  J. 

Flournoy,  Geo. 

Foster,  E.  L. 

Hamilton,  C.  C. 

Hastin,  W.  C. 

Irwin,  Rowen. 

Kaye,  W.  W. 

McNamara,  T.  M. 

Mahon,  J.  W.,  Supr.  Judge. 

Owen,  Erwin  W. 

Platz,  M.  S.,  City  Atty. 

Scott,  Thomas. 

Scott,  Thos.,  Jr. 

Sears,  C.  N. 

Siemon,   Alfred. 

Theile,  Wm. 

Whitaker,  G.  E. 
BANNING,  Riverside  Co.— 

Wing,  Geo.  L. 
BEAUMONT,  Riverside  Co.— 

Atkins,  C.  L. 

Smoot,  Kenneth  R. 

White,  W.  S. 
BENICIA,  Solano  Co.— 

Cronin,  J.  R. 

Stevens,  C.  P. 

Stevens,  J.  S. 
BERKELEY,  Alameda  Co.— 

Atkinson,  P.  H. 

Bell,  R.  B. 

Brunk,  H.  W. 

Gary,  P.  M.,  Dep.  Dist.  Atty. 

Conklin,  N.  E. 

Cox,  W.  L. 

Dorn,  F.  W. 

Edgar,  Robt. 

Elston,  J.  A. 

Ettinger,  W.  L. 

Graber,   Thomas  F. 

Greene,  B.  D.  M. 


1288 


HILLYER  S  LEGAL    MANUAL. 


BERKELEY,  Alameda  Co.— Continued. 

Haight,  Geo.  W. 

Hughes,  G.  L. 

Keyes  &  Martin. 

Koford,  J.  M. 

Light,  John  E. 

Minor,  Wm.  O. 

Nichols,  E.  E. 

O'Neil,  J.  M. 

Reed,  T.  D. 

Rice,  S.  J. 

Staats,  Redmond  C. 

Waste,  W.  H.,  Judge  Supr.  Ct. 

Wiley,  Harley  R. 
BIEBER,  Lassen  Co.— 

Bieber,  N. 
BIGGS,  Butte  Co.— 

Carnduff,  Frank  F. 
BISHOP,  Inyo  Co.— 

Forbes,  P.  W. 

Hall,  L.  C. 

Smith,  White. 

Swallow,  A.  H. 
BODIE,  Mono  Co.— 

Hakes,  O.  F. 
BRAWLEY,  Imperial  Co.— 

Birkhauser,  Frank. 

Sebille,  A.  L. 
BRIDGEPORT,  Mono  Co.— 

Hays,  C.  L. 

Murphy,  J.  D.,  Supr.  Judge. 

Parker  &  Parker. 
BURLINGAME,   San  Mateo  Co.— 

Davis,  John  F. 

CALEXICO,  Imperial  Co.— 

Willard,  F.  P. 
CALTSTOGA,  Napa  Co., 

Billings,  Addie  M. 

Billings,  E.  M. 

Billings,  M.  E. 

Clark,  Reese. 
CAMBRIA,  San  Luis  Obispo  Co.— 

Franklin,  B.  H. 
CARMEL,  Monterey  Co.— 

Newberry,  F.  D. 

CARRVILLE,  Trinity  Co.— 

Rose,  M.  P. 
CARTERS,   Tuolumne   Co.— 

Clayton,  C.  A. 
CEDARVILLE,  Modoc  Co.— 

Wylie,  James. 
CENTERVILLE,   Alameda  Co.— 

Mattos,  J.  G.  Jr. 

Miekle,  B.  C. 
CHICO,  Butte  Co- 
Bond,  Lon. 

Crowder,  C.  L. 


CHICO,  Butte  Co.— Continued. 
Eggers,  L.  F. 
Hays,  W.   K. 
Henshaw,   Park, 
Kennedy,  G.  R. 
Le  Rosignol,  G.  F. 
Lusk,  F.  C. 
Nunn,  S.  J. 
Stebbins,  Franklin  F. 
Stilson,  C.  L. 
White,  R. 

CHULA  VISTA,  San  Diego,  Co.— 
McCullough,  J.  H. 
Smith,  E.  T. 

CLAREMONT,  Los  Angeles  Co.— 
Sanford,  E.  H. 

COALINGA,   Fresno   Co.— 
Crozier,  H.  R. 
Richmond,  Hy.  S. 

COLEVILLE,  Mono  Co.— 
Watkins,  R.  G. 

COLMA,  San  Mateo  Co.— 
Brown,  H.  W. 

COLTON,  San  Bernardino  Co.— 
Donovan,  O.   H. 
Hert,  M.  O.,  City  Atty. 
McHargue,  Robt. 

COLUSA, .  Colusa   Co.— 
.     Albery,  H.  M.,  Judge. 
Arnold,  P.  B. 
Brown,  U.  W. 
Goad,  J.  W. 
King,   Alva   A. 
Maddux,  J.  W. 
Millington,   S. 
Ragain,  Ben. 
Rutledge,  Thos. 
Weyand,    Ernest. 
Zumwalt,  I.  G. 

CORONA,   Riverside   Co.— 
Clayson,  Walter  S. 
Freeman,  G.  R. 
Kelly,  Loyal  C. 
Stahl,  H.  K. 

CORONADO,   San  Diego   Co.— 
Titus,  Harry  L. 

COVELO,  Mendocino  Co.— 
Rohrbough,  Carter  W. 

COVIN  A,  Los  Angeles  Co.— 

Pence,  A.  M. 
CRESCENT  CITY,  Del  Norte  Co.- 

Childs,  J.  L.,  Supr.  Judge. 

Hersch,  E.  C. 

Howe,  G.  W. 

McNulty,   James. 

Webb,  G.  A. 


ATTORNEYS   AT   LAW. 


1289 


DALE,  San  Bernardino  Co. — 

Pierson,   T.   B. 
DEHESA,  San  Diego   Co.— 

Owen,  J.  M. 

DINUBA,  Tulare  Co.— 

Chase,  J.  A. 

Edwards  &  Smith. 

Green,  T.  E. 
DIXON,  Solano  Co.— 

Marshall,  F.  F. 
DORRIS,  Siskiyou  Co.— 

Burns,  Mark  L. 
DOWNEY,  Los  Angeles  Co.— 

Ardis,  J.  H. 

Rives,  J.  C,  Judge  Supr.  Ct. 
DOWNIEVILLE,   Sierra   Co.— 

Hunt,  James  F. 

Smith,  S.  A.,  Supr.  Judge. 

Wehe  &   Redding. 
DUNSMUIR,   Siskiyou   Co.— 

Garret,  W.   Ross. 
DUTCH  FLAT,  Placer  Co.— 

Sowden,  W.  P. 

EL   CENTRO,   Imperial  Co.— 
Birkhauser,   Frank. 
Brown,   C.   L. 
Carson,  Walter  W. 
Cole,  Franklin  J.,   Supr,  Judge. 
Conklin  &  Brown. 
Cox,  W.   E. 
Eshelman  &  Swing. 
Glassford,  Jas.  W. 
Hawkins,  Chas. 
Larew,  J.  S. 
Noland,  D.  V. 
Ross,  J.  S. 
Shaw  &  Dyke. 
Sprague,  Walter  H. 
Wilson,  W.  I. 

ESCONDIDO,  San  Diego  Co.— 
Malcolm,  J.   D. 

ETNA  MILLS,  Siskiyou  Co. 
Marx,  Martin. 

EUREKA,   Humboldt   Co.— 
Burnell,  J.  S. 
Burnell,  L.  M. 
Cairnes,  J.  J. 
Campbell,  E.  P. 

Connick,  Clifton  H.,  Supr.  Judge. 
Coonan  &  Kehoe. 
Dickson,  W.   E. 
Ford,  H.  L. 
Frost,  E.  M. 
Gregor,  Otto  C. 
Hadley,  W.  T.  S. 
Hill,  A.  W. 
Hunter,  Geo.  W. 
Kennedy,  J.  L. 


EUREKA,  Humboldt  Co.— Continued. 
Mahan   &  Mahan. 
Melendy,  Jno.  M. 
Monroe,  A.  J. 

Murray,  Geo.  D.,  Supr.  Judge. 
Newett,  K.  Jr. 
Puter,  L.  F. 
Quinn,    Irwin    O. 
Quinn,  J.  F. 
Rolley,  Geo.  F. 
Ryan,  Edw.  J. 
Ryan,  Pierce  H. 
Sevier,  D. 
Thatcher,  A.  J. 
Walling,  Ernest. 
Way,   A.    W. 
Weaver  &  Clybourne. 
Wilson,   E.   W. 

FAIRFIELD,  Solano  Co.— 

Buckles,  A.  J.,  Supr.  Judge. 

Devlin,   R.  Frank. 

Goodell,  B.  J. 

Goodman,  W.  U. 

Gregory,  T.  T.  C. 

Harlan,  Paul  C. 

Hunnewell.  R.  F. 

Mclnnis,  F.    C. 

Raines,  Joseph  M.,  Dist.  Atty. 
FERNDALE,  Humboldt  Co.— 

Blackburn,  A.  W. 

Hiller,  B.  F. 
FORT  BRAGG,  Mendocino  Co.— 

Iverson,  M.  H. 

Peirsol,  J.  K. 
FORT  JONES,  Siskiyou  Co.— 

Wetzel,  Jacob  P. 
FORTUNA,  Humboldt  Co.— 

Monroe,  Harry  P. 
FOWLER,   Fresno   Co. — 

Heubner,  Francis   C. 

Sprouse,  J.  W. 
FRESNO,  Fresno  Co.— 

Aitken,  Irving  P. 

Austin,  H.  Z.,  Supr.  Judge. 

Barnard  &  Watters. 

Barnhill,  Wm.  A. 

Bernhard,  J.  P. 

Bonestell,  C.   K. 

Brewster,  A.  L. 

Briggs,  Herbert  F.,  Pol.  Judge. 

Brown,   F.    W. 

Burns  &  Watkins. 

Carter,  Royle  A. 

Cartwright   &   Cashin. 

Church,  Denver  S.,  Dist.  Atty. 

Church,  Geo.  E.,  Supr.  Judge. 

Conn,  W.  A. 

Cook,  F.  E. 

Cory,  L.  L. 


1290 


HILLYER'S  LEGAL   MANUAL. 


FRESNO,  Fresno  Co.— Continuer]. 

Cosgrave,    Geo. 

Cram,  Willard  G. 

Crichton,  W.  D. 

Curtin,  Frank  A. 

Dearing,  Milton  M. 

Drew  &  Drew. 

Dyar,  Guy  Ed. 

Edwards,   E.    D. 

Everts   &   Ewing. 

Ferguson,  W.  E. 

Fleming,  William  S. 

Foote,  W.  D. 

Gallagher,   James. 

Gallagher,   M.   G. 

Graham,  G.  B. 

Harris,  E.   M. 

Harris,  M.  B. 

Harris,  M.  K. 

Hughawont,   W.   H. 

Hawson,  Hy. 

Hayden,  U.  Grant. 

Hayhurst,   L.   B. 

Huebner,  Francis  C. 

Ingersoll,   Thos.   D.   I. 

Johnston   &   Jones. 

Kauke,  Frank. 

Kittrell,  J.  R. 

Klette,  Ernest,  City  Atty. 

Lraning,  Frank. 

McCormick,  M.  F.,  Dep.  Dist.  Atty. 

Martin,  G.  V. 

Ohonessian   &   Ohonessian. 

Reid  &  Jackaberry. 

Risley,   E.   W. 

Shishmarrian,  John  A. 

Short,  F.  H. 

Smith,  L.  H. 

Snow  &  Freeman. 

Sprouse,  J.  N. 

Strother  &  Aynesworth. 

Sutherland  &  Barbour. 

Thompson,  W.   P. 

Thomson,  T.  R. 

Traber  &  South. 

Tupper,  H.  C. 

Van  Meter  &  Thedieek. 

Wallace,  Miles. 

Warlow,  Geo.  L. 

Webb,  J.  R. 

Welsh,  H.  H. 

Williams  &  Beaumont. 

Winne,  D.  T. 
FRUITVALE,  Alameda  Co.— 

Rees,  J.  W. 
FULLERTON,  Orange  Co.— 

Allen,  C.  R. 
McFadden,  T.  L. 
Marks,   E.  J. 


GILROY,  Santa  Clara  Co.— 

Crawford,  E.  D. 

Fitzgerald,   W.    G. 
GLENDALE,  Los  Angeles  Co.— 

Baker,  Fredk. 

Blodgett,  Rush  M. 

Dell,  Sidney. 

Goode,  R.  E. 

McNutt,  P.  S. 
GLENDORA,  Los  Angeles  Co.— 

Bidwell,  Rolfe  B.,  City  Atty. 
GRASS  VALLEY,  Nevada   Co.— 

Dibble,  S.  T. 

Hennessy,  Jno.  T. 

Jones,  G.  L.,  Supr.  Judge. 

Larue,  L.  P. 

Mulroy,  Jno.,  J.  P. 

Snell,  James. 
GRIDLEY,  Butte  Co.— 

Corkin,  E.  J. 

King,  J.  R. 

Long,  R.  C. 
GUERNEVILLE,  Sonoma  Co.— 

McGuffin,  L 

HANFORD,  Kings  Co.— 

Brown,  H.  P. 

Cosper,  E.  T. 

Covert,  J.  G.,  Judge. 

Cunningham,  F,,  Supr.  Ct.  Clk. 

Irwin,  J.  L.  C. 

Jacob,  H.  S. 
-  Kilpatrick,  F.  E. 

McQuiddy,  W.  R. 

Miller,  R.  W. 

Phillips,  D.  L. 

Pryor,  J.  F. 

Russell,  J.  C.  C. 

Short,  M.  L. 
HAYWARDS,  Alameda  Co.— 

Lemos,  F.  I. 

Murphy,  T.  M. 
HEALDSBURG,  Sonoma  Co.— 

Coffman,  J.   T. 

McConnell,  F.  W. 

Norton,    E.    M. 

Rose,  J.  W. 
HEMET,  Riverside  Co.— 

Clayton,  J.  M. 

Dukes,   H.   S. 

Moody,  C.  R. 
HENLEY,  Siskiyou  Co.— 

Barry,   Raymond. 
HOLLISTER,  San  Benito  Co.— 

Agnew,  Gilmore. 

Bishop,  R.  P. 

Briggs,  N.  C. 


ATTORNEYS   AT   LAW. 


1291 


HOLLISTER,     San     Benito     Co.— Con- 
tinued. 
Dooling,  M.  T.,  Supr.  Judge. 
Hudner,  John  L. 
Jean  &  Moore, 
O'Donnell,  Thos.   E. 
Scott,  H.  W. 
Shaw,  A.  D. 

HOLLYWOOD,  Los  Angeles  Co.— 

Helms,   W.   T. 

Herndon,  W.  F. 

Merrill,  A.  E. 

Morsman,    W.    W. 

Patterson,  A.   T. 

Winterer,   E. 
HOLTVILLE,  Imperial  Co.— 

Griffin,  James   W. 

Hunter,  E.  E. 

Johnson,  Edwin  L. 
HUGHSON,  Stanislaus  Co.— 

Wickizer  &   Wickizer. 
HUNTINGTON  BEACH,  Orange  Co.— 

Wettlin,    David    G. 

IMPERIAL,  Imperial  Co.— 
Brewer,    H.    W. 
Dyke,  H.  N. 
Farr,   J^'.    C. 
McPherin    &    Nichols. 
Shaw,    G.    H.    P. 

INDEPENDENCE,   Inyo   Co.— 

Clark,    Wm.    J. 

Dehy,    W.,   Judge   Supr.    Ct. 

Lamar,    W.   A. 

Scherer,  Frank   C. 

Wandell,    Ben.    H. 

Forbes,    P.    W. 
INGLEWOOD,    Los    Angeles    Co.— 

Bloodgood,   F.    H. 

Ellis,   L.   B. 
INYO,  Inyo  Co.— 

Hays,   Chas.   L. 
IRVINGTON,    Alameda    Co.— 

Mattos,  J.   G.  Jr. 

Poxvey,  Thos.  J. 

JACKSON,   Amador   Co.— 

Bole,    R.    C. 

Caldwell,   J.   W. 

Caminetti,    A. 

Huberty,  J.  R.,  Co.  Clk. 

McGee,    W.    J. 

Rose,   W.   L. 

Snyder,   W.   G.,  Dist.  Atty. 

Spagnoli,    D.    B. 

Spagnoli,   Ernest   D. 

Vincini,    C.    P. 
JAMESTOWN,   Tuolumne    Co.— 

Peters,   C.  M.   C. 


KELSEYVILLE,  Lake  Co.— 

Hunt,  W.  E. 
KENNETT,    Shasta   Co.— 

Donnelly,    Harry. 

LA  JOLLA,  San  Diego  Co.— 
Mills,  A.  P. 

LAKEPORT,  Lake  Co.— 

Churchill,    H.    B. 

Crawford,  C.  M.,  Dist.   Atty. 

Crawford,   W. 

Keeling,    H.    V. 

Mclntire    &   Jourdain. 

Sayre,  M.  S.,  Supr.  Judge. 

Witherspoon,    H.    E. 

Rigby,   W. 
LA   MESA,   San   Diego   Co.— 

Stewart,    N.    A. 

Welch,  Lester  D. 
LANCASTER,  Los  Angeles  Co.— 

Alston,    L.    C. 

LEMOORE,  Kings  Co.— 

Erlanger,   Edw. 

Shore,   G.   E. 

Walker,    F.    J. 
LINDSAY,  Tulare   Co.— 

Conner,    D.    M. 

Fuller,  J.   T. 
LIVERMORE,  Alameda  Co.— 

Clarke   &  Clarke. 

Wood,  Carl  F. 
LODI,  San  Joaquin  Co. — 

Ferdun,    W.   E. 

Percival,   O.   E.  J. 

Steele,   G.  M. 
LOMPOC,  Santa  Barbara  Co.— 

Bayley,   B.   F. 

Frick,   J.   F. 

Hardenbrook,   C.   Kelly. 

Meals,  G.  W. 
LONE  PINE,  Inyo  Co.— 

Chilstrom,    P.    O. 
LONG  BEACH,  Los  Angeles  Co.- 

Bachman,   G.   L. 

Barker,   S.   G. 

Clock  &  Harriman. 

Cox,    H.    L. 

Daly,    James. 

Daly,  J.   E. 

Denio  &  Hart. 

Downs,   W.   F. 

Haskell,    Herbert    M. 

Jones,    Chas.    D. 

Julian,  W.  B. 

Kapp,  G.  W. 

Knight,  F.  A. 

Lawson,  A.  C. 

Long,   Hight  &.Hoodenpyl. 


1292 


hillyer's  legal  manual. 


LONG  BEACH,  Los  Angeles  Co.— Con- 
tinued. 
Roberts,  James  J. 
Skinner,  Geo.   A. 
Snodgrass,  R.  L. 
Spicer,   Geo.   M. 
Underwood,   Homer   S. 
Whealton,    L.    R. 

LOS  ANGELES,   Los   Angeles   Co.— 

Abbott,   A.  J.,   358  So.   Spring  St. 

Abbott,  W.   G.,   Temple   Bldg. 

Ackerman,    C.    M.,    BuUard    Blk. 

Adair,   J.   A.,   Amer.   Bk.   Bldg. 

Adams,   D.   M.,  Pacific  Elec.   Bldg. 

Adams,   E.    G.,    Copp  Bldg. 

Adams,  Frank  S.,  Story  Bldg. 

Adams,   Geo.  W.,  Central  Bldg. 

Adams,  Geo.  P.,  Bullard. 

Adams,  Adams  &  Binford. 

Adank,    E.    G.,   Capp   Bldg. 

Adcock,    Edw.    G.,    Capp    Bldg. 

Adcock,  Robt.  J.,  Bullard  Bldg. 

Adler,    Max,    Wilson    Bldg. 

Albee,  Merton,  Central  Bldg. 

Alderson,  Wm.  A.,  Mchts.  Tr.  Bldg. 

Allen,  Alfred  W.,  Union   Oil  Bldg. 

Allen,  Carroll,  Title  Ins.  Bldg. 

Allen,  E.  Lee,  315  So.  Hill  St. 

Allen,    M.    T.,    Appl.    Ct.    Judge. 

Allen,  W.  S.,  Title  Ins.  Bldg. 

Allen  &  Brown,  Exchange  Bldg. 

Allender,   F.   W.,  Hellman   Blk. 

Aim,  A.  G.,  Higgins  Bldg. 

Amend    &   Amend,   Story  Bldg. 

Anderson,  Louis  A. 

Anderson      &     Anderson,     Stimson 
Bldg. 

Andrevv^s,     Lewis     W.,     Union     Oil 
!  Bldg. 

Andrews,   W.,    California   Bldg. 

Angell,  H.  J.,  Security  Bldg. 

Angier,  Iva  J.,  Mer.   Tr.  Bldg. 

Appel,  H.   H.,  Bullard  Blk. 

Arehbald,  H.  R.,  Citizens'  Bk.  Bldg. 

Archer,  A.  T.,  H.  W.  Hellman  Bldg. 

Archej,  R.  T.,  Security  Bldg. 

Archer,    T.    R.,    Mason    Bldg. 

Ardis,   J.   H.,   Bullard  Bldg. 
'         Armstrong,  M.  M.,  122  W.  3d  St. 

Arnold  &  Heatherby,  Higgins  Bldg. 

Arnoldy,  Fred  N.,  Title  Ins.  Bldg. 

Arnoldy    &    Rosecrans,.    Title     Ins. 
Bldg. 

Ashburn,    A.    W.   Jr.,   Pacific   Elec. 
Bldg. 

Atherholt,    A.    H.,    Capp    Bldg. 

Atkinson,   Chas,,  International   Bk. 
Bldg. 

Austin,   F.    C,   Bullard   Bldg. 

Avery,   Russ,  Laughlin   Bldg. 


LOS  ANGELES,  Los  Angeles  Co.— 
Continued. 

A.  T.  Santa  Fe  Legal  Dept., 
Kerckhoff  Bldg. 

Avery  &  French,  Suite  632,  Laugh- 
lin  Bldg. 

Bacon,  E.  E.,  207  New  High  St. 
Bagley,   C.   L.,   Exchange  Bldg. 
Bailie,  Norman  A.,  Title  Ins.  Bldg. 
Bainbridge,  C.  R.,  Amer.  Bk.  Bldg. 
Baird  &  Gerecht,  Fay  Bldg. 
Baker,  Arthur  G.,  Higgins  Bldg. 
Baker,     Fred.,     International     Bk. 

Bldg. 
Baker,  Ivan  C,  Laughlin  Bldg. 
Ball,  Thomas,  Amer.   Bk.  Bldg. 
Ballard,  .J.   W.,   Douglas   Bldg. 
Balmer,  Benjamin,  405  So.  Hill  St. 
Bandini,   Ralph,   Title   Ins.   Bldg. 
Bank,    Chas.    A.,    Title    Ins.    Bldg. 
Banks,  G.  E.,  1423  Carroll  Ave. 
Barber,  E.  T.  Jr.,  Tajo  Bldg. 
Barclay,    H.    A.,    Frost    Bldg, 
Barker,    Donald,    Title    Ins.    Bldg. 
Barneo,   E.   M.,   Thorpe   Bldg. 
Barne^i,     LeRoy     D.,     Mchts.     Tr. 

Bldg. 
Barnum,    0.    S.,    Byrne    Bldg. 
Barr,  Levi  D.,  Capp  Bldg. 
Barry,  Edmund  D.,  Tr.  &  Sav.  Bk. 

Bldg. 
Barstow,    Alfred,   H.    W.    Hellman. 
Barstow,   H.   M.,   Mchts.   Tr.   Bldg. 
Bartlett,  Alfred  L.,  Cham,  of  Com. 

Bldg. 
Bassett,    Wilbur,    Title    Ins.    Bldg. 
Batcheller,  Chas.  L.,  Security  Bldg. 
Batzer,  F.  J.,  Broadway  &  Frank- 
lin  St. 
Beach,  S.  E.,  California  Bldg. 
Beach,  W.   H.,   Title   Ins.  Bldg. 
Beach  &  Petchner,  Title  Ins.  Bldg. 
Beardsley,    John,    Title    Ins.    Bldg. 
Bearman,  Wm.  W.,  California  Bldg. 
Bechtel,   N.   B. 
Becker,   Tracy   C,   H.   W.   Hellman 

Bldg. 
Beckett,  Jas.  R. 
Beckham,   G.   F.,   Bullard   Bldg. 
Beebe,  George  B.,  Douglas  Bldg. 
Beecher,      Daniel,     Equitable     Bk. 

Bldg. 
Behymer,    Craig   &    Geoffrion,   Bry- 

son  Bldg. 
Bell,  Jas.  W.,  Asst.  Co.  Pros.  Atty. 
Benedict,  H.   Stanley,   353   So.  Hill 

St. 
Bennett,  Jas.  S.,  Hibernian  Bldg. 
Benoist,    Charles,   Pac.    Elec.   Bldg. 
Benson,  P.  F.,  Severance  Bldg. 


ATTORNEYS   AT   LAW. 


1293 


LOS    ANGELES,    Los    Angeles    Co.— 

Continued. 
Bentley,   Ed.   H. 
Bentley,    G.    W.,    Title    Ins.    &    Tr. 

Bldg. 
Berkebile,  Thos.  A.,  Higgins  Bldg. 
Bernhart,  A.  M. 
Berry,    E.    D. 

Bicksler,  W.   Scott,   Title  Ins.  Bldg. 
Bicksler,  Bennett,  Dana   &  Blount, 

Title  Ins.  Bldg. 
Bilby,  John  E.,  Coulter  Bldg. 
Binford,   F.    L.,   Lankershim   Bldg. 
Binford,    Lewis    B.,    Central    Bldg. 
Birehby,   H.   B. 

Bishop,   Edw.   T.,  Coulter  Bldg. 
Bishop,  J.  E. 
Bittner,  John  H, 
Blackstock,  N.,  Title  Ins.  Bldg. 
Blair,  E.  W.,  Dep.  Dist.  Atty. 
Blair,  I.  D.,  129  No.  Main  St. 
Blakely,  W.  T.,  Henne  Bldg. 
Blakeslee,     E.     I.,     Mason     Opera 

Bldg. 
Blanchard,  J.  H.,  Temple  Bldg. 
Blodget  &  Watkins,  Stimson  Bldg. 
Blumberg,     David,      San     Fernando 

Bldg. 
Blythe,   Minor  L.,  Title  Ins.  Bldg. 
Boden,  George  A.,  California  Bldg. 
Boland,  W.  P.,  Higgins  Bldg. 
Bole,    U.    H. 

Borden,   Frank   L.,   Ferguson  Bldg. 
Borden,  Sheldon,  Stimson  Bldg. 
Bordner,  E.  O.,  Tr.  Bldg. 
Bordwell,    Walter,    Supm.   Judge. 
Bowen,  Wm.  a.,  Title  Ins.  Bldg. 
Bowen,  W.  M.,  Coulter  Bldg. 
Bower,  E.  C,  Hibernian  Bldg. 
Bower,  E.  C,  Jr.,  Hibernian  Bldg. 
Bower,  Leland  S.,  Hibernian  Bldg. 
Bowers,  Walter  L.,  Story  Bldg. 
Bowman,  D.  E.,  Mason  Bldg. 
Bowring  &  Hill,  California  Bldg. 
Boyer  &  Beach,  California  Bldg. 
Boys,  John  E.,  California  Bldg. 
Bradner,  B.  J.,  Security  Bldg. 
Brady,   E.   L.,   Stimson   Bldg. 
Brady,  J.  L.,   Stimson  Bldg. 
Breckenridge,  John  H.,  H.  W.  Hell- 
man. 
Breeze,    C.    Dean,    Hibernian    Bldg. 
Bretherton,  C.  H.,  H.  W.  Hellman 

Bldg. 
Bridges,  H.  F.,  Cham,  of  Com.  Bldg. 
Britt,  E.  W.,  Title  Ins.  Bldg. 
Brooks,    Luke    B.,    Central    Bldg. 
Brown,   Edw.   J.,  Bullard   Blk. 
Brown,     Edgar     K.,     Consolidated 

Eealty  Bldg. 
Brown,  Henry,  Exchange  Bldg. 


LOS    ANGELES,    Los    Angeles    Co.— 

Continued. 
Brown,     Lewis    H.,    Citizens'    Bk. 

Bldg. 
Brown,  Luther  G.,  California  Bldg. 
Brown,  Nat.,  Pac.  Elec.  Bldg. 
Brown,  J.  F. 

Bruster,  F.  M.,  Title  Ins.  Bldg. 
Bull,   I.   W.,   Central   Bldg. 
Bulla,  R.  N.,  H.  W.  Hellman  Bldg. 
Buren,  Frank,  129V2  W.  1st  St. 
Burke,    Edmund     B.,    Tr.    &     Sav. 

Bldg. 
Burke,  W.  M. 

Burnell,  C.  S.,  Coulter  Bldg. 
Burnett,  F.  W.,  Citizens'  Nat.  Bk. 

Bldg. 
Burr,    C.    R.,    Cal.    Bldg. 
Burnham,  J.  E.,  Bullard  Bldg. 
Burrey,   D.    C,    Bryson   Bldg. 
Burris,  J.  T.,  Eet. 
Bush,    George    B.,   H.    W.    Hellman 

Bldg. 
Bush,  Samuel  T.,  Pac.  Elec.  Bldg. 
Buswell,  George  W. 
Butler,  W.  W.,  Amer.  Bk.  Bldg. 
Butterfield,  H.  K. 
Byrer,   C.   W.,   Higgins   Bldg. 
Byrer  &  Monyeleone. 

Caldwell,  A.  A.,  Stimson  Bldg. 

Call,  J.  H.,  Mchts.  Tr.  Bldg. 

Callahan,    Jos.    W,,    Higgins    Bldg. 

Camp,  E.  A.,  Kerckhoff  Bldg. 

Campbell,  Bert,  Title  Ins.  Bldg. 

Campbell,   K.   B.,    California   Bldg. 

Campbell,   Thompson   &   Campbell. 

Campbell  &  Moore,  920 ^^  Security 
Bldg. 

Cannon,  L.  D.,  Higgins  Bldg. 

Cardwell,  L.  L.,  238  W.  1st  St. 

Carpenter,    Ingle,    California    Bldg. 

Carpenter,  Samuel  L.,  H.  W.  Hell- 
man Bldg. 

Carrick,  E.  V.,  Bullard  Bik. 

Carrigan,   J.   W.,   Thorpe   Bldg. 

Oarson,  John  E.,  511-519,  Wilcox 
Bldg. 

Carter,  Dan  F.,  Douglas  Bldg. 

Carter,  0.  B.,  Equitable  Bk.  Bldg. 

Carter,  Kirby  &  Henderson,  Equi- 
table Bk.  Bldg. 

Case,  Thomas  K.,  Mchts.  Tr.  Bldg. 

Casebeer,  A.  J.,  H.  W.  Hellman 
Bldg. 

Cass,   Phil.,   Story   Bldg. 

Caswell,  C.  C. 

Cates,  A.  M.,  Bradbury  Bldg. 

Cattern,  F.  A.,  Mason  Opera  Bldg. 

Ceruti,  E.  Burton,  500  Thorpe  Bldg. 


1294 


HILLYER'S   LEGAL   MANUAL. 


LOS    ANGELES,    Los    Angeles    Co.— 
Continued. 

Chamberlain,    Harry    A.,    Security 
Bldg. 

Chambers,  Wm.,  Wilcox  Bldg. 

Chambers    &    Davis,    Wilcox    Bldg. 

Chandler,  Chas.  L.,  Exchange  Bldg. 

Chandler,  J.  Paul,  Title  Ins.  Bldg. 

Chapman,  L.  M.,  Coulter  Bldg. 

Chapman,   Ward,    Coulter   Bldg. 

Chase,  Chas.  W.,  403  Wright  Bldg. 

Chase,  L.  K.,  Title  Ins.  Bldg. 

Chase  &  Campbell,  Title  Ins.  Bldg. 

Chase,  Overton  &  Lyman,  Wright  & 

Callender   Bldg. 
.  Chase,  Ealph  A.,  Security  Bldg. 

Chavez,  E.  V.,  Lankershim  Bldg. 

Chellis,  Burt,  Higgins   Bldg. 

Cheney,  H.  D.,  Central  Bldg. 

Cheney,  W.  A.,  645  So.  Hill  St. 

Cheroske,   S.   L.,  Douglas  Bldg. 
Chesbro,   Ray  L.,  Bryson  Bldg. 
Choate,  Jas.   Roy,   Exchange   Bldg. 
Choate,  F.   M.   C,   City  Jail  Bldg. 
Clairborne,  Len,  Wilson  Bldg. 
Clapp,   R.   W.,   Exchange   Bldg. 
Clark,  James  P.,  Grant  Bldg. 
Clark,    Oliver    O.,    H.    W.    Hellman 

Bldg. 
Clark,  W.,  Los  Angeles  Title,  Tr.  & 

Ins.  Bldg. 
Clarke,  George,  Higgins  Bldg. 
Clarke,  Lucien  J.,  Security  Bldg. 
Clarke,  Willard,  207  New  High  St. 
Clawson^  L.   E.,   Exchange   Bldg. 
Clewett,    Howard    S.,    Grant    Bldg. 
Clotfelter,  U.,  Kerckhoff  Bldg. 
Cobb,   V.   J.,   Ferguson   Bldg. 
Coberly,  J.  E.,  California  Bldg. 
Cochran,  J.  W.,  Higgins  Bldg. 
Coil,  E.  B.,  Title  Ins.  Bldg. 
Cole   &  Cole,  Lankershim  Bldg. 
Coleman,  Wm.,  Higgins  Bldg. 
Collier,   Frank   C,   H.   W.   Hellman 

Bldg. 
Collier    &    Clark,    811   H.    W.   Hell- 
man Bldg. 
Collins,  H.  O.,  San  Fernando  Bldg. 
Collins,    Wallace,    Cham,    of    Com. 

Bldg. 
Congdon,  R.  P.,  Central  Bldg. 
Conrey,  N.  P.,  Supm.  Judge. 
Cook,  G.  P.,  Delta  Bldg. 
Copp,  A.  J.  Jr.,  Capp  Bldg. 
Coverly,    John,    Title    Ins.    &    Tr. 

Bldg. 
Coyne,  D.  Joseph,  Laughlin  Bldg. 
Coyne    &   Coyne,   Laughlin   Bldg. 
Craig,  C.  Elliott,  Bryson  Bldg. 
Craig,  Gavin  W.,  Supr.  Judge. 
Craig,  J.  C,  Bullard  Bldg. 


LOS    ANGELES,    Los    Angeles    Co.— 

Continued. 
Craig,  Volney  H.,  Union  Oil  Bldg. 
Craig,     William     T.,     731     Higgins 

Bldg. 
Crandall,  Earl  E.,  Amer.  Bk.  Bldg. 
Crawford,  Clarence  H.,  Story  Bldg. 
Crawford,   U.   J.,   Byrne   Bldg. 
Crawford,      Samuel      J.,      Interna- 
tional Bk.  Bldg. 
Crawford,   Wm.,   Bullard   Bldg. 
Crawford,  W.  K.,  Ferguson  Bldg. 
Creed,  J.  W.,  Douglas  Bldg. 
Creighton,    Telfair,    Grosse   Bldg. 
Crenshaw,  Loreno,  H.   W.   Hellman 

Bldg. 
Crouch   &   Crouch,  Laughlin  Bldg. 
Crowe,  Frank  A.,  Mchts.  Tr.  Bldg. 
Cruickshank,       Lewis,         Ferguson 

Bldg. 
Crump,  Guy  R.,  Title  Ins.  Bldg. 
Crutchcn,     Albert,     718     Pac.     El. 

Bldg. 
Cryer,     G.     E.,     Merchants     Trust 

Bldg. 
Cryer,    Geo.    W.,    Asst.    U.    S.    Dist. 

Atty. 
Culver,  C.  F.,  Union  League  Bldg. 
Culver,    Richard   J.,   Stimson    Bldg. 
Culver    &    Allen,    H.    W.    Hellman 

Bldg. 

Danziger,  J.  M.,  Security  Bldg. 
Darden,     C.     S.     (colored),    Bryson 

Bldg. 
Darlington,    Barton,    Wilcox    Bldg. 
Davidson,     J.     M.,     Mason     Opera 

Bldg. 
Davies,   W.  H.,   Citizens'   Natl.  Bk. 

Bldg. 
Davis,  A.  E.,  326  W.  3d  St. 
Davis,  Charles   C,    Wilcox   Bldg. 
Davis,    Charles    S.,    Ferguson    Bldg. 
Davis,  F.   E.,   Higgins   Bldg. 
Davis,  Geo.  R.,  Security  Bldg. 
Davis,   Judson   M.,   Grant   Bldg. 
Davis,  W.  J.,  Bullard  Bldg. 
Davis,    Webster,    Frost    Bldg. 
Davis,   Kemp  &  Post,   Grant   Bldg. 
Davis  &  Rush,  600  Bryson  Bldg. 
Day,  Wm.  C,  Byrne  Bldg. 
Dean,  Harry  E.," -Title  Ins.  Bldg. 
De    Garmo,    G.     Curtis,    Title    Ins. 

Bldg. 
De  La  Matyr,  T.  E.,  Byrne  Bldg. 
De  La  Monte,  J.  H.  Higgins  Bldg. 
Deering,    H.    L.,   Exchange    Bldg. 
Dehm,  Wm.  H.,  California  Bldg. 
Delvan,  G.  E.  Jr.,  German  Bldg. 
Delmas   &  McPike,  Tr.  &  Sav.  Bldg. 
Del  Vale,  R.  F.,  Lankershim  Bldg. 


ATTORNEYS   AT   LAW. 


1295 


LOS    ANGELES,    Los    Angeles    Co.— 

Continued. 
Denis  &  Lowenthal,  Wilcox  Bldg. 
Dennis,  A.  E.,  Fay  Bldg. 
Dennison,  Edw. 

Dennison,   John,    Higgins   Bldg. 
Desmond,    Walter    J.,    Consolidated 

Realty  Bldg. 
Dexter  &  Ellis,  404  Grosse  Bldg. 
Dillon,     Henry     C,     International 

Bk.   Bldg. 
Dillon,    Jas.    D.,    H.    W.    Hellman 

Bldg. 
Dillon,    Richard    J.,    Douglas    Bldg. 
Dockweiler,     Isidore     B,,     Douglas 

Bldg. 
Dodge,   W.   W.,  Hall   of  Records. 
Dodson,   P.  F.,   California  Bldg. 
Doherty,      Frank      B.,      California 

Bldg. 
Dominguez,  F.  E.,  California  Bldg. 
Donley,   C.   C. 
Donnell,     B.,     Citizens'     Natl.     Bk. 

Bldg. 
Donnell,     Homer,     Citizens'     Natl. 

Bk.  Bldg. 
Donnell,  J.  A.,  Title  Ins.  Co.  Bldg. 
Dougherty,   P.  B.,   California   Bldg. 
Downing,   G.   E.,   Wilcox  Bldg. 
Downing,   Jos.   Oscar,   H.   W.   Hell- 
man  Bldg. 
Doyle,  W.  P.,   Title  Ins.  Bldg. 
Drake,  E.  B.,  Title  Ins.  Bldg. 
Dryer,  Geo.  W.,  Amer.  Bk.  Bldg. 
Duffv,    Sidney   F.,    H.    W.    Hellman 

Bldg. 
Dufur,  J.   F. 
Duggan      &      Wisdom,      Cham,      of 

Com.  Bldg. 
Duncan,   Boaz,   Wilcox  Bldg. 
Duncan,   H.   B.,   Higgins   Bldg. 
Duncan,   H.    W,,   International   Bk. 

Bldg. 
Duncan,  W.  W. 
Dunlap,     F.     E.,     Cham,     of     Com. 

Bldg. 
Dunlea,  J.  M.,  2026  Fifth  Ave. 
Dunnigan,   H.  L.,   Coulter  Bldg. 
Dunnigan,   R.   A.,  Exchange  Bldg. 
Dyer,   Trusten  P.,  Higgins  Bldg. 
Dysert,   Walter   V.,   Homer   Laugh- 

lin   Bldg. 

Earle  &  McLaughlin,  Delta  Bldg. 
Eckman,     Arthur     W.,     California 

Bldg. 
Eckman  &  Hill,  Higgins  Bldg. 
Eddie,  G.  W.,  326  W.  1st  St. 
Edgerton,    Calvin,    334    No.    Boyle 

Ave. 


LOS    ANGELES,    Los    Angeles    Co.— 

Continued. 
Edmonds,     Douglas     L.,     Laughlin 

Bldg. 
Edwards,  A.  J.,  Douglas  Bldg. 
Edwards,  Le  Roy  M.,  H.  W.  Hell- 
man  Bldg. 
Ellis,  A.  M.,   Coulter  Bldg. 
Ely,  Glen  M.,  Tr.  &  Sav.  Bldg. 
Emberson,     A.     L.,     International 

Bk.  Bldg. 
Enns,  C.  M.,  Higgins  Bldg. 
Ensign,     E.     J.,     H.     W.     Hellman 

Bldg. 
Enyeart       &      Holton,      California 

Bldg. 
Esrey,  D.  R. 
Evans,       Charles      L.,      California 

Bldg. 
Evans,   David,   Douglas  Bldg. 
Evans,     W.     E.,     H.     W.     Hellman 

Bldg. 
Eyer,     C.     B.,     342      Consolidated 

Realty. 

Fairall,   R.   C,   Citizens'   Natl.   Bk. 

Bldg. 
Fairbanks,  F.  C,  Exchange  Bldg. 
Fall,  L.  M.,  Frost  Bldg. 
Farmer,  E.  L.,  Title  Ins.  &  Tr.  Co. 

Bldg. 
Farrow,  W.   W.,   Wilcox  Bldg. 
Fellows,   F.   W.,   Exchange   Bldg. 
Ferguson,   M.   M.,   Exchange   Bldg. 
Ferguson,   P.,   Douglas  Bldg. 
Fette,      Fred,      International     Bk. 

Bldg. 
Finch,  J.  C,  Title  Ins.  Bldg. 
Finkenstein,     M.     J.,     Mchts.     Tr. 

Bldg. 
Finlayson,  F.  G.,  Supr.  Judge. 
Fish,    Howard   J.,    H.   W.   Hellman 

Bldg. 
Fisher,    W.    W.,    H.    W.    Hellman 

Bldg. 
Fiske,  Jerome,  California  Bldg. 
Fitz   Gerald   &   Barry,   Tr.   &   Sav. 

Bldg. 
Fleming,   A.  P.  Central  Bldg. 
Fleming,    E.    J.,    H.    W.    Hellman 

Bldg. 
Fleming,  J.  L.,  Frost  Bldg. 
Fleming,  M.  A.,  Fav  Bldg. 
Flint,  Frank  P.,  Title  Ins.  Bldg. 
Flint,    Grav    &    Parker,    1020   Title 

Ins.   Bldg. 
Flores,  A.  J.,  Delta  Bldg,. 
Folev,  John  H.,  Stimson  Bldg. 
Foltz,  Clara  S.,  Mchts.  Tr.  Bldg. 
Forbes,     Frank     S.,    J.    P.,     Court 

House. 


1296 


hillyer's  legal  manual. 


LOS    ANGELES,    Los    Angeles    Co.— 

'Con;tinued. 
Ford,  W.  F.,  Story  Bldg. 
Ford,    Wm.    J.,    Dep.    Dist.    Atty., 

Hall  of  Records. 
Forgy,  E.  W.,  California  Bldg. 
Foster,  A.  H.,  Cham,  of  Com.  Bldg. 
Fowler,  F.   M.,  Citizens'  Natl.   Bk. 

Bldg. 
Fraiser,  M.  P.,  Title  Ins.  Bldg. 
Frederick,   <C.    L.,    Douglas   Bldg. 
Fredericks,  J.  D.,  Dist.  Atty.  Hall 

of  Records. 
Frederickson,    Wm.,    Pol.    Judge. 
Freeman,  E.   W.,   Laughlin   Bldg. 
Freeman,      Wm.,      Equitable      Bk. 

Bldg. 
Freeman,   Wm.   A.,   Stimson   Bldg. 
French,  B.  H.  A.,  Bullard  Bldg. 
French,  Samuel  H.,  Laughlin  Bldg. 
Frisbie,   R.   D.,   Story  Bldg. 
Fuller,  W.  H.,  Douglas  Bldg. 
Fulton,     Robert    M.,     Tr.     &     Sav. 

Bldg. 
Fulwider    &    Monteleone,    Security 

Bldg. 

Gage,  Henry  T.,  Mason  Bldg. 
Gage,   Robert   P.,   Security   Bldg. 
Gage  &  Foley,  Mason  Opera  Bldg. 
Galbreth,   E.    E.,   Douglas   Bldg. 
Galbreth       &       Gardner,       Douglas 

Bldg. 
Galoway,  A.   C,  Equitable  Bldg. 
Galusha,   E.   G,,   Hibernian   Bldg. 
Gardner,      D.      Z.,      332      Stimson 

Bldg. 
Gardner,    E.    E.,    Douglas    Bldg. 
Gardner,   D,   G.,   Stimson  Bldg. 
Gardner,  D.  R.,  326  W.  1st. 
Garrett    &    Garrett,    Mason    Opera 

Bldg. 
Gates,  F.  C,  Title  Ins.  &  Tr.  Bldg. 
Geibel,    Martin    E.,    Central    Bldg. 
Geoffrion,     Oscar,     Equitable     Bk. 

Bldg. 
Geoffrion,  V.  O.,  Bryson  Bldg. 
Gerecht,   E.  F.,  Fay  Bldg. 
Gibbon,   T.  E.,  Hibernian  Bldg. 
Gibbs,  T.  O. 

Gibson,  J.  A.,  Jr.,  Pac.  Elec.  Bldg. 
Gibson,     Dunn     &     Crutcher,     Pac. 

Elec.  Bldg. 
Giesler,  H.   L.,   California   Bldg. 
Glassell,    Hugh,    Wilcox    Bldg. 
Goldberg,  David,  Exchange  Bldg. 
Goldberg  &  Meily,  Exchange  Bldg. 
Goldflam,  A.   S.,   Exchange  Bldg. 
Goode,     R.     R.,     Title    Ins.     &     Tr. 

Bldg. 
Gooden,  James. 


LOS    ANGELES,    Los    Angeles    Co.— 

Continued. 
Gooding,   H.   C,   2t)l   So.  Bway. 
Goodrich,    Ben.,    Wilcox   Bldg. 
Goodspeed,  Richard  C,  1026   Story 

Bldg. 
Goodwin,  Henry  P.,  Fay  Bldg. 
Gordon   &   Gordon,   Wilcox  Bldg. 
Gortner,  R.   C,  Pac.   Elec.   Bldg. 
Gosling,  J.   H.,   Wilcox   Bldg. 
Goudge,  H.  J.,   Exchange  Bldg. 
Gould,  Will  D.,  Temple  Blk. 
Graff,   M.   L.,   Title   Ins.   Bldg. 
Graham,  J.  L.,  Wiilcox  Bldg. 
Graham,    R.    F.,    Dep.    Dist.    Atty., 

Hall  of  Records. 
Grassmfen,     M.     I.,     626     San    Fer- 
nando Bldg. 
Gray,   Lucien,   Consolidated   Realty 

Bldg.,  607  So.  Hill  St. 
Gray,    S.    A.    D.,    Cham,    of    Com. 

Bldg. 
Gray,  W.  A.,  Title  Ins.  Bldg. 
Green,  A.  J.,  223  W.  2d  St. 
Green,  L.  P.,  Wilcox  Bldg. 
Groene,  J.  F.,  Equitable  Bldg. 
Groff  &  Spangler,  Tr.  &  Sav.  Bldg. 
Gros,     Frederic,     H.     W.     Hellman 

Bldg. 
Guthrie,   E.   M.,   Coulter  Bldg. 

Haas,  John  B.,  Mchts.  Tr.  Bldg. 
Hass  &  Dunnigan,  Coulter  Bldg. 
Hackley,      Geo.      T.,      Mchts.      Tr. 

Bldg. 
Hahn  &  Hahn,  Central  Bldg. 
Halstead,  A.  S.,  Pac.  Elec.  Bldg. 
Hammack  &  Hammack,  Amer.  Bk. 

Bldg. 
Hammon,     Percy     V.,     Dep.     Dist. 

Atty.,   Hall   of   Records. 
Hanby,  J.  W.,  Cham,  of  Com.  Bldg. 
Hancock   &  Finch,  Bullard  Bldg. 
Hanlon,   W.  J.,   Amer.   Bk.  Bldg. 
Hanna,  B.   C,   Exchange   Bldg. 
Hannon,  J.  E.,   Wilcox  Bldg. 
Hannon,    J.    Vincent,    Tr.    &    Sav. 

Bldg. 
Hannon  &  Gibbs,  Tr.  &  Sav.  Bldg. 
Hanson,   Hackler   &   Heath,   H.   W. 

Hellman  Bldg. 
Hardesty,    Elmer,    Higgins    Bldg. 
Hardy,    Carlos    S.,    Suites    228-232 

Exchange    Bldg.,    3d  and  Hill  Sts. 
Harker,   G.   M.,  Byrne   Bldg. 
Harpham,      Geo.      E.,      Pac.      Elec. 

Bldg. 
Harriman,   Job,   Higgins    Bldg, 
Harriman,  Rickman  &  Tuttle,  Hig- 
gins Bldg. 
Harris,  Bret,  H.  W.  Hellman  Bldg. 


ATTORNEYS   AT   LAW. 


1297 


LOS    ANGELES,    Los    Angeles    Co.— 
Continued. 
Harris,  I.  Henry,  Title  Ins.  Bldg. 
Harris,  P.  Henry,  Title   Ins.   Bldg. 
Harris,  Rusk,  704  Am.  Bk.  Bldg. 
Harris     &     Swanwick,     Amer.     Bk. 

Bldg. 
Hart,  A.  C,  Amer.  Bk.  Bldg. 
Hart,  F.  W.,  Stimson  Bldg. 
Hart,     Thos.     W.,     Equitable     Bk. 

Bldg. 
Hartley,   C.   C,  Bullard  Bldg. 
Haskins,  S.  M.,  Pae.  Elec.  Bldg. 
Hatch,  F.  O.,  Douglas  Bldg. 
Hatton,   C.  W.,  Equitable  Bldg. 
Hawkins,  E.  A.,  Title  Ins.  Bldg. 
Hawley,  J.  O.,  201  W.  Temple  St. 
Hayek,  D.  F.  J.,  Lankershim  Bldg. 
Hazard    &    Straus,    Citizens'    Natl. 

Bk.  Bldg. 
Hazlett,  Wm.,  Tr.  &  Sav.  Bldg. 
Heath,  H.  H.,  San  Fernando  Bldg. 
Heath,    J.    E.    S.,    H.    W.    Hellman 

Bldg. 
Heatherly,  Fred  W.,  Higgins  Bldg. 
Heffelfinger,      R.      W.,      California 

Bldg. 
Heinan,  J.  H.,  Tr.   &  Sav.   Bldg. 
Helm,   Lynn,   Title   Ins.   Bldg. 
Helms,  W.  T.,  Hall  of  Records. 
Henderson,  F.  G.,  So.  Hill  St. 
Henderson,   Justin,   Higgins   Bldg. 
Hentig,     F.     G.,     City     Natl.     Bk. 

Bldg. 
Herald,  Frank,   Mchts.   Tr.  Bldg. 
Herndon,   W.   F.,   Frost   Bldg. 
Hervey,  W.  R.,  Tr.  &  Sav.  Bldg. 
Hester,    Merrill    &    Craig,    Bullard 

Bldg. 
Hester,  M.  C,  Lankershim  Bldg. 
Hewitt,  L.  R.,  Mchts.  Tr.  Bldg. 
Hewlett,  E.   E.,   Tr.   &   Sav.  Bldg. 
Hiatt  &  Selby,  Central  Bldg. 
Hickcox   &  Crenshaw,  H.   W.  Hell- 
man  Bldg. 
Hill,  F.  €.,  Union  Oil  Bldg. 
Hill,  John  J.  Jr.,  318  Central  Bldg. 
Hinckley,  A.  G.,  Hellman  Bldg. 
Hitchcock,      Alonzo      D.,      Wilcox 

Bldg. 
Hittson,   W.  J.,  Bryson  Bldg. 
Hogan,   James   P.,   Henne   Bldg. 
Holcomb,  W.  H.,  California  Bldg. 
Holcomb     &     Kempley,     California 

Bldg. 
Holland,    C.    F.,    Bullard    Bldg. 
Holley   &   Holley,  Capp  Bldg. 
Hollzer,  H.  A.,  Citizens'  Natl.  Bk. 

Bldg. 
Holston,  A.   R.,  Douglas  Bldg. 
Holton,  Geo.  M.,  Capp  Bldg. 
82 


LOS    ANGELES,    Los    Angeles    Co.— 

Continued. 
Honberger,  Paul,  Laughlin  Bldg. 
Hood,  Randall,  J.,  Title  Ins.  Bldg. 
Hope,  Edw.  W.,  Hibernian  Bldg. 
Hopkins,     Meville     P.,     Title     Ins. 

Bldg. 
Horcasitas,     Antonio,     Lankershim 

Bldg. 
Horgan,    Walter   J.,    Henne    Bldg. 
Horn,   Oscar  L.,  Mchts.  Tr.   Bldg. 
Horton,    G.    R.,    Asst.    Dist.    Atty., 

Hall  of  Records. 
Horton,   R.   L.,   Henne   Bldg. 
Himrod  &  Heffelfinger,  810  Cal.  Bid. 
Houghton,  C.  D.,  Mchts.  Tr.  Bldg. 
Houser,  Fred  W.,  Supm.  Judge,  Ct. 

House. 
Houser,  S.  W.  (Mrs.),  229  No.  Grif- 
fin Ave. 
Howard,  Ray,  Lissner  Bldg. 
Howland,  Chas.  T.,  Title  Ins.  Bldg. 
Howland,  Geo.  D.,  Wilcox  Bldg. 
Hoyt,    Frank   C,   International    Bk. 

Bldg. 
Hubbard,    R.    L.,    I.    W.    Hellman 

Bldg. 
Huey  &  Grossman,  Higgins  Bldg. 
Hughes,     Arthur     J.,     International 

Bk.    Bldg. 
Hughes,  Edgar  F.,  Exchange  Bldg. 
Hulme,  T.  K.,  California  Bldg. 
Hunsacker,     Daniel    M.,     Title    Ins. 

Bldg. 
Hunsacker  &  Britt,  Title  Ins.  Bldg. 
Huntsberger,  Glen   E.,  Story  Bldg. 
Huntsberger,  I.  M.,  Title  Ins.  Bldg. 
Huntsberger,  J.  W.,  Higgins  Bldg. 
Hupp,  Geo.  S.,  Union  Oil  Bldg. 
Hurd,  Henry  M.,  1200  W.  6th  St. 
Hurt,  Arthur  C,  Mchts.  Tr.  Bldg. 
Husar,  Leonard  G.,  Higgins  Bldg. 
Hutton,  Frank  S.,  Coulter  Bldg. 
Hutton,  Geo.  H.,  Supr.  Judge,  Hall 

of  Justice. 
Hutton  &  Williams,  Temple  Bldg. 
Hyatt,  W.  P.,  Story  Bldg. 
Hyter,  Sydney  J.,  Amer.  Bk.  Bldg. 

lasigi  &  McGonigle,  Byrne  Bldg. 
Ingalese,    Richard,   H.   W.   Hellman 

Bldg. 
Irwin,    James,     Equitable   Sav.   Bk. 

Bldg. 
Ives,  Eugene  F.,  Pae.  Elec.  Bldg. 

Jackson,  Geo.  E. 

Jackson,  Grant,  Security  Bldg. 

Jacobs,  D.  A.,  Mason  Opera  House 

Bldg. 
James,  W.  P.,  Appl.  Judge,  Douglas 

Bldg. 


1298 


HILLYER'S   LEGAL    MANUAL. 


LOS    ANGELES,    Los     Angeles    Co.— 

Continued. 
James,     Smith     &     McCarthy,     529 

Douglas  Bldg. 
Jamieson,  A.  R. 
Jamison,  C.  D. 
Jamison,    W.     H.,    H.    W.    Hellman 

Bldg. 
Janes,  E.  S.,  Frost  Bldg. 
Janeway,  G.  Harold,  Title  Ins.  Bldg. 
Jantzen,  M.  F.,  7th  and  So.  Hill. 
Jarrott,  James  S.,  Columbia  Tr.  Co. 

Bldg. 
Jarrott,    Wm.    L.,    Homer    Laughlin 

Bldg. 
Jenal,  F.  P.,  Amer.  Bk.  Bldg. 
Jennings,  W.  H.,  Wilcox  Bldg. 
Jennings  &  Horton,  Douglas  Bldg. 
Jensen,  Constan,  Tr.  &  Sav.  Bldg. 
Job,  T.  C,  H.  W.  Hellman  Bldg. 
Johnson,  Cedric  E.,  Union  Oil  Bldg. 
Johnston,    T.    L.,    International    Bk. 

Bldg. 
Jones,  B.  H. 

Jones,  G.  E.,  Hibernian  Bldg. 
Jones,  John  T.,  Union  League  Bldg. 
Jones,      Johnstone,      Mason      Opera 

House  Bldg. 
Jones,  M.  B.,  H.  W.  Hellman  Bldg. 
Jones,  Newman,  Bullard  Bldg. 
Jones  &  Bennett,  Hibernian  Bldg. 
Jones    &    Evans,     H.    W.      Hellman 

Bldg. 
Jones  &  Weller,  Union  League  Bldg. 
Joos,  J.  W.,  Dep.  Dist.   Atty.,  Hall 

of    Records. 
Jordan,  C.  Hughes,  H.  W.  Hellman 

Bldg. 
Jordan,  F.  International  Bk,  Bldg. 
Joslin,  C.  E.,  Central  Bldg. 
Jutten,    L.    W.,    Equitable    Sav.    Bk. 

Bldg. 

Karr,  Frank,  Pac.  Elec.  Bldg. 
Kase,  T.  K.,  Mchts.  Tr.  Bldg. 
Keetch,    Arthur,    Dep.    Dist.    Atty., 

Hall   of  Records. 
Keefe,     Thos.    F.,    259     So.    Hobart 

Blvd. 
Keefer,  G.  L.,  Currier  Bldg. 
Kelby  &  Martin,  Tr.  &  Sav.  Bldg. 
Kelch,  Geo.  H.,  Douglas  Bldg. 
Kelley,  Edw.   E.,   Exchange  Bldg. 
Kelly,  W.  P.,  Title  Ins.  Bldg. 
Kemp,  R.  W.,  Grant  Bldg. 
Kemp,  Mitchell  &  Silberberg,  H.  W. 

Hellman   Bldg. 
Kendrick   &   Ardis,   Bullard   Bldg. 
Kennedy,  Wm.,  I.  W.  Hellman  Bldg. 
Kenney,    Elizabeth    L.,    Amer.    Bk. 

Bldg. 


LOS    ANGELES,    Los     Angeles    Co.— 

Con/tinued. 
Keogh,  Joseph  P.,  Central  Bldg. 
Kerns,    Rollin,    Citizens'    Natl.    Bk. 

Bldg. 
Keyes,   Asa,   Dep.     Dist.    Atty.,   Ct. 

House. 
Kidder,  Albert  A,  Jr.,  Coulter  Bldg. 
King,  Carroll  E.,  California  Bldg. 
Klingenberg,       T.      W.,      California 

Bldg. 
Klitten,   Karl,    739    H.   W.    Hellman 

Bldg. 
Knott,  W.  S.,  Frost  Bldg. 
Kuehn,  W.  L.,  I.  W.  Hellman  Bldg. 
Kuster,    Edw.    G.,    I.    W.    Hellman 

Bldg. 

Labrie,  A.  C,  I.  W.  Hellman  Bldg. 

Lacey,  F.  E.,  Bullard  Bldg. 

Lacey  &  Hunsaker,  International  Bk. 

Bldg. 
Lacey  &  Piccardi,  International  Bk. 

Bldg. 
Lady,  Wm.  E.,  Pac.  Elec.  Bldg. 
LaFetra,  W.  W.,  201  Normandy  St. 
Landt,  S.  V.,  Stimson  Bldg. 
Lane,  E.  A.,   1005   Tr.  Sav.  Bldg. 
Lantz,  C,  Bullard  Bldg. 
Laubersheimer,  D.  H.,  Douglas  Bldg. 
Laughlin,  A.  D.,  Laughlin  Bldg. 
Laughlin,    H.    S.,    Title    Ins.    &    Tr. 

Co.   Bldg. 
Lawler,  Allen,  Van   Dyke  &  Jutten, 

Equitable. 
Lawler,  Oscar,  Security  Bldg. 
Lawrence,  Jas.  W.,  Bullard  Bldg. 
Layng,   J,   R.,  Wilcox  Bldg. 
LeDoux,    G.     A.,    H.    W.    Hellman 

Bldg. 
Lee,    Bradner    W.,    H.    W.    Hellman 

Bldg. 
Leeds,  Walter  R.,  Douglas  Bldg. 
Lefebvre,   Edgar  E.,   Bway.   Central 

Bldg. 
Lehigh,  D.  F.,  715  So.  Grand  Ave. 
Leighton,  Edw.  E.,  Mchts.  Tr.  Bldg. 
Lewis,  Wm.,   Bryson  Bldg. 
Lewis     &     O'Connor,    International 

Bk.  Bldg. 
Lidders,  Alex.,  Amer.  Bk.  Bldg. 
Lightfoot,   R.    T. 
Lillie,  H.  C,  Int.  Bk.  Bldg. 
Lindley,  Angus  R.,  Wilcox  Bldg. 
Linney,  Robt.  T.,  Amer.  Bk.  Bldg. 
Lissner,  Meyer,  Lissner  Bldg. 
Lloyd,  P.  B.,  Thorpe  Bldg. 
Lloyd,  Warren  E.,  Central  Bldg. 
Lloyd,  Hunt,  Cheney  &  Geibel,  Cen- 
tral Bldg. 
Loeb,  E.  J.,  I.  W.  Hellman  Bldg. 


ATTORNEYS   AT   LAW. 


1299 


LOS    ANGELES,    Los    Angeles    Co.— 

Continued. 
Loeb,  Jos.  P.,  I.  W.  Hellman  Bldg. 
Loeb  &  Loeb,  L  W.  Hellman  Bldg. 
Loewcnthal,  Max,  Wilcox  Bldg. 
Longley,  A.  S.,  Hellman  Bldg. 
Los  Angeles  Co.  Law  Library. 
Loucks,  Kobt.  G.,  Union  Oil  Bldg. 
Louis,    Irving    C,    H.    W.    Hellman 

Bldg. 
Luekel,  Louis,  F.  P.  Fay  Bldg. 
Lusk,  Kobt.    M.,  Bryson  Bldg. 
Lyman,  C.  L.,  Wilcox  Bldg. 
Lyman,   E'.   D.,   Wright  &   Callender 

Bldg. 
Lyon,  Chas.  W.,  Exchange  Bldg. 
Lyon  &  Hackley,  Mchts.  Tr.  Bldg. 
Lyons,  Julius,  223  W.  2d  St. 
Lyons,  P.  B. 
Lyons,   Willard   E.,  H.   W.   Hellman 

Bldg. 

MacDonald,  Alfred  F.,  Bryson  Bldg. 
MacDonald,  J.  W.,  Higgins  Bldg. 
MacFarland,  J.  C,  Tr.  &  Sav.  Bldg. 
MacFarlane,  S.  F.,  Douglas  Bldg. 
MacGowan  &  Haas,  Mchts.  Tr.  Bldg. 
MacKnight,  Geo.  W.,  Byrne  Bldg. 
MacNeil,  Sayre,  Title  Ins.  Bldg. 
Macom.ber,      Lawrence,       Security 

Bldg. 
McAdoo,  Alfred  H.,  Wilcox  Bldg. 
McCall,   Albert,   Bullard  Bldg. 
MeCallum,  H.  S.,  Title  Ins.  Bldg. 
McCarthy,  Neil  S.,  Douglas  Bldg. 
McCartney,    H.    S.    G.,    Dep.    Dist. 

Atty.,   Hall  of  Eecords. 
McClure,  F.  D.,  Douglas  Bldg. 
McComas,    C.    C,    Dep.    Dist.    Atty., 

Court   House. 
McConnell,    W.    D.,    Cham,    of    Com. 

Bldg. 
McCormaek,  A.  I.,  U.  S.  Atty.,  Fed- 
eral  Bldg. 
McCormick,    Paul    J.,    Supr.  Judge, 

Hall  of  Justice. 
McCoy,  Selph  &  Eichards,  Amer.  Bk. 

Bldg. 
McCullock,  G.  F.,  Higgins  Bldg. 
McDill,  G.  W.,  Wilcox  Bldg. 
McDonald,    D.    M.,    San     Fernando 

Bldg. 
McDonald,    T.   F.,   Cham,  of    Com. 

Bldg. 
McDowell,  A.  F.,  Mchts.  Tr.  Bldg. 
McDowell,  E.  R.,  Amer.  Bk.  Bldg. 
McElroy,  Gilbert  A.,  I.  W.  Hellman 

Bldg. 
McFarland,  C.  H.,  Capp  Bldg. 
McGarry,   M.  J.,  Higgins  Bldg. 
McGarven   &   Haas,   411    Mchts.    Tr. 
Bldg. 


LOS    ANGELES,    Los    Angeles    Co.— 

Conitinued. 
McGavin,     Chas.,     I.     W.     Hellman 

Bldg. 
McGonigle,  J.  L.  T.,  Byrne  Bldg. 
McGraw,  F. 

McKeeby,  G.  L.,  California  Bldg. 
McKelvey,  C.  S.,  Citizens'  Natl.  Bk. 

Bldg. 
McKenna,  J.  Irving,  Story  Bldg. 
McKenna  &  McKenna,  Wilcox  Bldg. 
McKinley,  J.  W.,  Pac.  Elec.  Bldg. 
McKnight,    J.    S.,    H.    W.    Hellman 

Bldg. 
McLachlan,    James. 
McLaughlin,   J.   B.,   M.   C.    Bullard 

Bldg. 
McLaughlin,  Wm.  F.,  Delta  Bldg. 
McLucas,  Victor  K.,  709  Tr.  &  Sav. 

Bldg. 
McNair,  H.  L.,  Pac.  Elec.  Bldg. 
McNamara,  T.  M. 
McNeely,  W.  T.,  Title  Ins.  Bldg. 
McNutt,    P.    S.,    825    San   Fernando 

Bldg. 
McPherrin,  Paul,  Union  Oil  Bldg. 
MoReynolds,  C.  I.,  Union  Oil  Bldg. 
Manning,     Thompson      &      Hoover, 

Mchts.   Tr.  Bldg. 
Mansfield,  Geo.  C,  Tr.  &  Sav.  Bldg. 
Marble,  B.  M.,  Bullard  Bldg. 
Marche,  C.  H.,  711  Delta  Bldg. 
Marine,  Maddison,  International  Bk. 

Bldg. 

Marshall,       Humphrey,       California 

Bldg. 
Marshall,  J.  M.,  Title  Ins.  Bldg. 
Martin,  G.  C,  Tr.  &  Sav.  Bldg. 
Martin,  Theodore,  Security  Bldg. 
Martin,  W.  A.,  Hibernian  Bldg. 
Martindale,  E.  D.,  Bryson  Bldg. 
Massey,    H.    A.,    International    Bk. 

Bldg. 
Mathews,  W.  B.,  Central  Bldg. 
Matthews     &     Matthews,    Douglas 

Bldg. 
Mattingly,  Chas.  H.  Stimson  Bldg. 
Maupin,  R.  W.,  California  Bldg. 
Maurice,  Guy  E.,  California  Bldg. 
Mauzy,   Wayne    C,   309    Mchts.    Tr. 

Bldg. 
Medsker,  W.  A. 
Meily,   C,   Exchange  Bldg. 
Mellen,  Jno.  McD.,  Tr.  &  Sav.  Bldg. 
Mellette,  E.  E.,  Wilcox  Bldg. 
Merrill,   A.  E.,  Bullard  Bldg. 
Merrill  &  Craig,  Lankershim  Bldg. 
Merrill,  Albert. H.,  Mason  Bldg. 
Meserve,  Edwin  A.,  Union  Oil  Bldg. 
Metcalf,  J.  N.,  Grant  Bldg. 
Metcalf,  T.  R.,  Grant  Bldg. 


1300 


HILLYER  S   LEGAL    MANUAL. 


LOS    ANGELES,    Los    Angeles    Co.— 

Continued. 
Meyers,  M.  M.,  Henne  Bldg. 
Middlecoff,  W.  W.,  Hibernian  Bldg. 
Mieding,  F.  J.,  Pae.  Elec.  Bldg. 
Miles,  Jno.  C,  Mason  Opera  House 

Bldg. 
Millar,  W.  R.,  Pae.  Elec.  Bldg. 
Miller,  C.  Elliott,  Higgins  Bldg. 
Miller,  E.  A.,  Bullard  Bldg. 
Miller,  Jno.  H.,  Amer.  Bk.  Bldg. 
Miller,  J.  W.,  Wilcox  Bldg. 
Miller,  Kenton  A.,  Mchts.  Tr.  Bldg. 
Miller,    Gardner    &    Miller,    Citizens' 

Natl.   Bk.   Bldg. 
Miller  &  Lewis,  Mchts.  Tr.  Bldg. 
Miller  &  Miller,  Citizens'  Bk.  Bldg. 
Milliken,  E.  E.,  Title  Ins.  Bldg. 
Mills,  Geo.  E.,  204  No.  Bway. 
Millsap,  H.  C,  San  Fernando  Bldg. 
Mishler,  C.  C,  Bradbury  Bldg. 
Mitchell,  A.  J.,   Henne  Bldg. 
Mitchell,  Egbert,   Title  Ins.  Bldg. 
Mitchell,   John    S.,    H.   W.    Hellman 

Bldg. 
Mitchell,       John     W.,       Lankershim 

Bldg. 
Mitchell,   Robert,   Exchange   Bldg. 
Mitchell,   W.   S.,   California   Bldg. 
Mizner,  D.  A. 

Moller,  H.  L.,  Bradbury  Bldg. 
Monk,  E.  R.,  Grant  Bldg. 
Monnette,    Orra   E.,    308    Bway. 
Monroe,     C,     Supr.     Judge,     Court- 
house. 
Montelone,  S.,  Security  Bldg. 
Montgomery,    Chas.    C,    Tr.    &    Sav. 

Bldg. 
Montgomery,  Francis  S.,  Amer.   Bk. 

Bldg. 
Montgomery    &   Jenal,    Amer.    Bk. 

Bldg. 
Moore,  A.  D.,  Cal.  Bldg. 
Moore,  G.  H.,  Stimson  Bldg. 
Moore,  M.,  Mchts.  Tr.  Bldg. 
Moore,  Peyton  H.,  Security  Bldg. 
Moore,  R.  A. 
Moore    &    Finkenstein,    Mchts.    Tr. 

Bldg. 
Mooslin,  C.  M.,  518  Grant  Bldg. 
Moote,    F.    D.    R.,    H.    W.    Hellman 

Bldg. 
Moote,  T.  D.,  H.  W.  Hellman  Bldg. 
Morgan,  C.  O.,  California  Bldg. 
Morgan,  Geo.  B.,  933  W.  53d  St. 
Morgan,  V.,   Exchange   Bldg. 
Morrison,  F.  W.,  Amer.  Bk.  Bldg. 
Morrison,  W.  G.,  Trust  Bldg. 
Morrison,  W.  L,  Title  Ins.  Bldg. 
Morrow,  H.  T.,  I.  W.  Hellman  Bldg. 


LOS    ANGELES,    Los    Angeles    Co.— 

Conitinued. 
Mortimer,    C.    White,    M.    A.,    Inter- 
national  Bk.   Bldg. 
Morton,    Claude   B.,   Citizens'    Natl. 

Bk.  Bldg. 
Morton,   W.   O.,   Citizens'   Natl.   Bk. 

Bldg. 
Morton,  Hollzer  &  Morton,  Citizens* 

Natl.  Bk.  Bldg. 
Moss,  Leon  F.,  Amer.  Bk.  Bldg. 
Mott,  John  G.,  Douglas  Bldg. 
Mott  &  Dillon,  Douglas  Bldg. 
Moultrie,  L.   W.,   Security   Bldg. 
Mowell,  John  W.,  Hibernian  Bldg. 
Mueller,  O.   C,  Wilcox   Bldg. 
Mulford,  S.  P.,  Amer.  Bk.  Bldg. 
Mulford  &  Dryer,  Amer.   Bk.   Bldg. 
Mull,  Bert  F.,  Central  Bldg. 
Muhleman,     Frank     L,,     Title     Ins. 

Bldg. 
Multhauf,     E.     J.     Jr.,     Exchange 

Bldg. 
Munholland,      John      C,      Laughlin 

Bldg. 
Munro  &   Pirkey,  Bryson   Bldg. 
Murphey,  J.  L.,  Story  Bldg. 
Murphey  &  Poplin,  Story  Bldg. 
Murphy,  J.,  Byrne  Bldg. 
Murphy,   Robt,   B.,   Douglas  Bldg. 
Musgrave,  Joseph,  Exchange  Bldg. 
Myers,  L.,   Johnson  Bldg. 
Myers,  Philip,  Bway  Central  Bldg. 
Myrick,     O.     H.,     International    Bk. 

Bldg. 

Nakamura,  M.,  115 1/>  S.  San  Pedro 

St. 
Nash,  P.  M,  (colored),  Bryson  Bldg. 
Nefsky,  D.  W.,  1619  Shatto  St. 
Neighbors  &  Spraul,  Cham,  of  Com. 

Bldg. 
Nelles,   H.    E.,   Wright   &   Callender^ 

Bldg. 
Nelson,     G.     M.,     I.     W.     Hellman. 

Bldg. 
Newby,  Nathan,  Wilcox  Bldg. 
Newlin,  G.  E.,  Title  Ins.  Bldg. 
Newmire,  Earl,  San  Fernando  Bldg.. 
Newmire    &    Morris,    San    Fernando 

Bldg. 
Nichols,  Ernest  F.,  Bullard  Bldg. 
Nimmo,  Ray  E.,  City  Jail  Bldg. 
Nolan,  Edw.  J.,  Douglas  Bldg. 
Noleman,  I.  E.,  Bullard  Bldg. 
Noleman  &  Smyser,  Bullard  Bldg. 
Noon,   Ernest   E.,    California   Bldg.. 
North,    John,    Title   Ins.    Bldg. 
Norton,  A.  M.,  Consolidated  Realty^ 

Bldg. 
Norton,  Henry  K.,  Security  Bldg. 


ATTORNEYS   AT   LAW. 


130; 


LOS    ANGELES,    Los    Angeles    Co.— 
'Conitinued. 
Norton,  R.  H.,  175  No.  Spring  St. 
Nutt,  J.  M.,  1117  W.  24th  St. 

O'Brien     &   Spaulding,    Title    Ins. 

Bldg. 
O'Connell,    J.    C,    Douglas    Bldg. 
O'Connell,  J.  H.,  International  Bk. 

Bldg. 
O'Melveny,  H.  W.,  Title  Ins.  Bldg. 
O'Melveny,  Stuart,  Title  Ins.  Bldg. 
O'Melveny,  Stevens  &  Milliken,  Title 

Ins.  Bldg. 
O'Neall,  Grosvner  P.,  Mer.  Tr.  Bldg. 
Odell,  R.  A.,  California  Bldg. 
Odell,  S.  W.,  California  Bldg. 
Ogden,  Wm.  B.,  Exchange  Bldg. 
Orfila,  A.,  Cham,  of  Com.  Bldg. 
Overmyer,  Geo.  E.,  Byrne  Bldg. 
Overton,  Paul  V,,  645  So.  Hill  St. 
Owen,  T.  R.,   Currier  Bldg. 
Owings,   J.   A.,   Bryson   Bldg. 

Page,  Benjamin  E.,  Mchts.  Tr. 
Bldg. 

Page,  Roger  S.,  Wilcox  Bldg. 

Palmer,  W.  F.,  Pac.  Elec.  Bldg. 

Pardue,  Samuel  H.,  Ferguson  Bldg. 

Park,  A.  G.,  Stimson  Bldg. 

Park,    Frank,    Stimson    Bldg. 

Parker,  W.  P.,  Tr.  &  Sav.  Bldg. 

Parker  &  Moote,  H.  W.  Hellman 
Bldg. 

Parks,   L.   K.,   914   Higgins  Bldg. 

Parsons,   Sidney  J.,   Douglas   Bldg. 

Parrott,  K.  K.,  Exchange  Bldg. 

Patterson,  H.,  Security  Bldg. 

Payne,   E.   L.,   Douglas   Bldg. 

Peairs  &  Shears,  Higgins  Bldg. 

Pearson,  G.  W.,  Bryson  Bldg. 

Peck,  Earl  C,  Equitable  Sav.  Bk. 
Bldg. 

Pendell,  G.  Roy,  California  Bldg. 

Pendleton,  C.  -J.,  Jr.,  Douglas  Bldg. 

Pendleton,  C.  W.,  Douglas  Bldg. 

Penn,  C.  B.,  Mchts.  Tr.  Bldg. 

Perdue,  A.  B.,  Fay  Bldg. 

Perhner,    Samuel,   Union   Oil   Bldg. 

Perkins,   E.   L.,   California  Bldg. 

Perkins    &   Tufts,   California   Bldg. 

Perry,  F.  L.,  Douglas  Bldg. 

Petchner,  W.  C,  Title  Ins.  Bldg. 

Petit,  Henry  G.,  California  Bldg. 

Phelps,  C.  R.,  Story  Bldg. 

Phelps,  Wm.   W.,  Mchts.  Tr.  Bldg. 

Pickit,   Daniel,   203   No.   Bway. 

Pierce,  H.   A.,  Fay  Bldg. 

Pierce,  Critchlow  &  Barrette,  Hi- 
bernian Bldg. 

Piersori,  Geo.  M.,  H.  W.  Hellman 
Bldg. 


LOS    ANGELES,    Los    Angeles    Co.— 

Conitinued. 
Pillsbury,   C.   D.,  Mchts.   Tr.  Bldg. 
Polk,    C'has.    C,    H.    W.    Hellman 

Bldg. 
Poole,  J.  F.,  California  Bldg. 
Pope,  J.   D.,  Stimson  Bldg. 
Poplin,  H.  L,  720  Story  Bldg. 
Porres,  A.  G.  Jr.,  Currie   Bldg. 
Porter,   F,   M.,   Exchange   Bldg. 
Porter,     Morgan     &     Parrott,     Ex- 
change Bldg. 
Porter  &  Sutton,  Central  Bldg. 
Post,  C.   A.,  Grant  Bldg. 
Potter,  Bernard,  Title  Ins.  Bldg. 
Potter,  Chas.  F.  &  Isaac  B.,  Title 

Ins.  Bldg. 
Potter,  Chas.   G.,   Amer.  Bk.  Bldg. 
Potter,     Daniel    M.,    International 

Bk.  Bldg. 
Potter,  E.  K.,  Severance  Bldg. 
Powell,   Jerry  H.,   Title  Ins.  BlJg. 
Powell,   John    A.,    Title    Ins.   Bldg. 
Powers,  J.  E.,  207  Bullard  Blk. 
Pratt,   Guy  S.,   Ferguson   Bldg. 
Prescott,  Frank  C,  Cham,  of  Com. 

Bldg. 
Prescott,    Frank    C.    Jr.,    Cham,    of 

Com.   Bldg. 
Preston,  Fredk.  A.,  California  Bldg. 
Preston,   I.   H.,   Laughlin   Bldg. 
Prutt,  Drew,  Douglas  Bldg. 
Putnam,  Chas.  E.,  Douglas  Bldg. 
Putnam,   Osgood,  Mchts.  Tr.  Bldg. 

Quinn,  R.  T.,  San  Fernando  Bldg. 

Randall,  Jay  E.,  Tr.  &  Sar.  Bldg. 
Randall,  Lewis  B.,  Cham,  of  Com. 

Bldg. 
Randall,   Bartlett  &  White,  Cham, 

of  Com.  Bldg. 
Randall   &   Gaines,  Cham,   of  Com. 

Bldg. 
Randall,  M.,   710   Bryson  Bldg. 
Rapp,  V. 

R«ach,    Howard   E.,   Higgins  Bldg. 
Reagan,   Edw.  A.,  Federal  Bldg. 
Redd,  Jas.  B.,  California  Bldg. 
Redwine,  H.  G.,  Citizens'  Natl.  Bk. 

Bldg. 
Reed,  M..  W.  Kerckhoflf  Bldg. 
Reeve,  Sidney  N.,  Court  House. 
Reily,  A.  G.,  Union  Oil  Bldg. 
Reppy,   Roy  V.,  Title  'Ins.  Bldg. 
Rex,  Wm.  H.,   105   W.  6th  St. 
Rheinschild,   W\    M.,    San    Fernando 

Bldg. 
Rhodes,   Allin   L.,   Title  Ins.   Bldg. 
Riccardi,   C.   V.,   International   Bk. 

Bldg. 
Rice,   P.   r..   Stimson   Bldg. 


1302 


HILLYER'S  LEGAL   MANUAL. 


LOS    ANGELES,    Los    Angeles    Co.— 

lOontiuued. 
Kichards,  Chas.  H.,  Amer.  Bk.  Bldg. 
Richards,   F.    W.,    Henne    Bldg. 
Bichardson,   Frank   H.,   Mchts.   Tr. 

Bldg. 
Richardson,     George,      Lankershim 

Bldg. 
Richardson,  J.  L.,  Hall  of  Records. 
Richardson,  R.  W.,  Central  Bldg. 
Rickhard,  J  as.  B.,  Tr.  &  Sav.  Bldg. 
Riddle   &   Cheroske,  902-4  Higgins 

Bldg. 
Riddle   &  Smith,  Higgins  Bldg. 
Ridgway,     T.    C,   H.    W.    Hellman 

Bldg. 
Riggins,  Harley  E.,  O.  T.  Johnson 

Bldg. 
Rittenhouse    A.  P.,  I.  W.  Hellman 

Bldg. 
Rivera,  R.  P.,  302  Eq.  Bldg. 
Rivers  &  Gates,  Equitable  Sav.  Bk. 

Bldg. 
Rives,  Jas.  C,  Supr.  Judge,  Court- 
house. 
Robertson,  F.  R.,  224  Boyd  St. 
Robertson,     Howard,     Mchts.     Tr. 

Bldg. 
Robertson,   W.   A.,   Story  Bldg. 
Robertson  &  Baird,  Story  Bldg. 
Robinson,      Dudley      W.,      Federal 

Bldg. 
Robinson,    S.  B.,   Central   Bldg. 
Robinson,  T.  W.,  Hall  of  Records, 
Rodman,  Willoughby,  2631  Orchard 

Ave. 
Rodgers,  Earl,   California  Bldg. 
Rogers,  Ernest  E.,  California  Bldg. 
Rollins,  H.  S.,  Bryson  Bldg. 
Rose,  A.  H.,  Hibernian  Bldg. 
Rose,    H.    H.,   Higgins   Bldg. 
Rosebury,  L.  H.,  Security  Bldg. 
Rosecrans,  Leo  M.,  Title  Ins.  Bldg. 
Rosenthal,     Samuel,    Citizens'     Natl. 

Bk.  jjidg. 
Rubin,     I.     R.,     401-402     Citizens* 

Natl.  Bk.  Bldg. 
Rush,   Jud.    R.,   Bryson   Bldg. 
Rutherford,  N.  R.  Jr.,  Bryson  Bldg. 
Ryckman,    J.    H.,    Higgins    Bldg. 

Sackett,  S.  C. 

Sale,  Henry  T.,  Douglas  Bldg. 
Salisbury,  C.  E.,  Story  Bldg. 
Salisbury,  Stewart,  M.  Tr.   &  Sav. 

Bldg. 
.    Salzman,    Maurice,    Security    Bldg. 
Sanders,  G.  L.,  Wilcox  Bldg. 
Sanders,  S.  S.,  Bullard  Bldg. 
San  Pedro,  L.  A.  &  Salt  Lake  R.  R., 

Pac.  Elec.  Bldg. 


LOS    ANGELES,    Los    Angeles    Co.— 

•Conitinued. 
Sansbury,   Samuel. 
Sanson,     Thomas     A.,     Suite     827, 

Walter    P.    Story   Bldg. 
Sargent,  E.  W.,  133  No.  Bway. 
Satterwhite,       John,       Lankershim 

Bldg. 
Scarborough  &  Bowen,  B.  F.  Coul- 
ter Bldg. 
Schroder-Courtney   Co.,  827   Higgins 

Bldg. 
Schenck,  P.  W.,  Laughlin  Bldg. 
Schlegel,    John,    H.     W.     Hellman 

Bldg. 
Schmidt,  Herman  C,  Security  Bldg. 
Schmidt,  Reuben  S.,  O.  T.  Johnson 

Bldg. 
Schmidt  &  Riggins,  O.  T.  Johnson 

Bldg. 
Scholz,  Charles,  Equitable  Sav.  Bk. 

Bldg. 
Schoonmaker,     O.    P.,    Mchts.     Tr. 

Bldg. 
Schoonover,  R.  W.,  Amer.  Bk.  Bldg. 
Schreider,  Wm,  Higgins  Bldg. 
Schroeder,  C.  L.,  Higgins  Bldg. 
Schultz,  Cleveland,  California  Bldg. 
Schweitzer  &  Hutton,  Coulter  Bldg. 
Scott,  Jonathan   R.,  Union  League 

Bldg. 
Scott,  Joseph,  Equitable  Bk.  Bldg. 
Scoville,  H.  F.,  Capp  Bldg. 
Seabury,  Wm.  M.,  H.  W.  Hellman 

Bldg. 
Seaver,  Byron  D.,  Wilcox  Bldg. 
Seaver,  Frank  R.,  Wilcox  Bldg, 
Selby,   Edw.   M.,   Central  Bldg. 
Selph,  Ewald  E.,  Amer.  Bk.  Bldg. 
Shankland   &  Chandler,  Amer.  Bk. 

Bldg. 
•     Shannon,   M,   F.,  Hall   of  R-ecords. 
Sharp,  Edgar,  I.  W.  Hellman  Bldg. 
Shaw,  Hartley,  Stimson  Bldg. 
Shaw  &  Lucien,  Jus.  Supm.  Ct. 
Shaw    &    Van    Nostran,    Bradbury 

Bldg. 
Shellis,  Burt,  Higgins  Bldg. 
Shelton,  James  E.,  H.  W.  Hellman 

Bldg. 
Shelton,  W.  C,  Hibernian  Bldg. 
Shenk,  J.  W.,  Mchts.  Tr.  Bldg. 
Shepherd,   F.   M.,   Higgins   Bldg. 
Shepherd  &  Alms,  Higgins  Bldg. 
Sheran,  J.  F.,  917  51st  PI. 
Sherer,   A.   J.,  Higgins  Bldg. 
Sherer,  Edward  T.,  Title  Ins.  Bldg. 
Sherer  &  Wilson,  Title  Ins.  Bldg. 
Sherman,     W.     H.     A.,     California 

Bldg. 
Shinn,  Clement  L.,  Amer.  Bk.  Bldg. 


ATTORNEYS   AT  LAW. 


1303 


LOS    ANOELES,    Los    Angeles    Co.— 

Continued. 
Sibley,  F.  L.,  Pac.  Elec.  Bldg. 
Sidebottom,     Earl     E.,     Title     Ins. 

Bldg. 
Silberberg,  M.  B.,  H.  W.  Hellman 

Bldg. 
Silent,  C,  Lankershim  Bldg. 
Sims,  J.  H.  Jr.,  1012  Cal.  Bldg. 
Slosson,  L.  B.,  Wright  &  Callender 

Bldg. 
Slosson,  Mark  H.,  Wright  &  Callen- 
der Bldg. 
Smith,  Ansel,    Citizens'    Natl.    Bk. 

Bldg. 
Smith,  Chester,  238  W.  1st  St. 
Smith,  D.  F.,  Amer.  Bk.  Bldg. 
Smith,  E.  H.,  Higgins  Bldg. 
Smith,  J.     H.,     501     Westmoreland 

Ave. 
Smith,  Jos.,  Mason  Opera  Bldg. 
Smith,  S.  B.,  H.  W.  Hellman  Bldg. 
Smith,  Walter  E.,  Douglas  Bldg. 
Smith,  Miller  &  Phelps,  Mchts.  Tr. 

Bldg. 
Smyser,  S.  M. 

Snell,  W.  L.,  Mchts.  Tr.  Bldg. 
Somerville,  G.  W.,  Harvard  Blvd. 
So  Belle,  W.  E.,  Ferguson  Bldg. 
So  Eelle  &  Cruickshank,  Ferguson 

Bldg. 
Southern     Cal.     Edison     Co.,     Legal 

Dept.,  120  E.  4th  St. 
Spalding,  W.  D.,  Exchange  Bldg. 
Sparks,    C.    Kandall,    Mason    Opera 

Bldg. 
Sparling,  Harvey,  Amer.  Bk.  Bldg. 
Spaulding,  L.  P.,  Amer.  Bk.  Bldg. 
Spaulding    &    O'Brien,     1122     Title 

Ins.  Bldg. 
Spencer,  F.  McD.,  Amer.  Bk.  Bldg. 
Spicer,    Chas.    C,    H.    W.    Hellman 

Bldg. 
Spring,  Fred  J.,  California  Bldg. 
Sproul,  F.  P.,  Cham,  of  Com.  Bldg. 
Stafford,  Frank  W.,  City  Jail  Bldg. 
Stafford,  John   I.,   H.    W.   Hellman 

Bldg. 
Stafford,  W.  P.,  L.  Bullard  Bldg. 
Stahl,  C.  W.,  Cham,  of  Com.  Bldg. 
Standefer,  I.  M. 

Stansbury  &  Schermerhorn,  Hiber- 
nian Bldg. 
Stanton,  L.  B.,  Wilcox  Bldg. 
Starr,  M.  M.,  Higgins  Bldg. 
Steele,   F.   M.,   California   Bldg. 
Steely,  John  S.,  Story  Bldg. 
Steinhauer,     Karl     E.,     Title     Ins. 

Bldg. 
Stephens,  Albert     Lee,     Hibernian 

Bldg. 


LOS  ANOELES,  Los  Angeles  Co.— 
Conitinued. 

Stephens,  Charles   M.,  Temple  Bldg. 

Stephens,  H.  G.,  Cham,  of  Com. 
Bldg. 

Stephens,  Jess   E.,   City  Jail  Bldg. 

Stephens  &  Stephens,  Ferguson 
Bldg. 

Stephenson,  F.  A.,  Douglas  Bldg^ 

Stepper,  Arthur  G.,  H.  W.  Hell- 
man Bldg. 

Sterry,  N.  S.,  Pac.  Elec.  Bldg. 

Stevens,  Henry  J.,  Title  Ins.  Bldg. 

Stevens,  W.  H.,  Citizens'  Natl.  Bk. 
Bldg. 

Stewart,  Frank,    Stimson    Bldg. 

Stewart,  Paul,   Bradbury   Bldg. 

Stewart,  S.  W.,  Bryson  Bldg. 

Stewart,  T.  M.,  Bradbury  Bldg. 

Stice,  C.  A.,  Bryson  Bldg. 

Stick,  John,  Citizens'  Natl.  Bk. 
Bldg. 

Stimson,  Marshall,  Wright  &  Cal- 
lender Bldg. 

Stobbs,  F.  L.,  Thorpe  Bldg. 

Storrs,  H.  E.,  308  W.  1st  St. 

Strong,  Andrew  M.,  H.  W.  Hell- 
man Bldg. 

Strong,  Will  A.,  Hibernian  Bldg. 

Sturges,  A.  A.,  Bullard  Bldg. 

Sturgeon,  Berry,  California  Bldg. 

Stutsman,  Marshall  A.,  238  West 
1st  St. 

Stutsman  &  Stutsman,  California 
Bldg. 

Sullivan,  Stephen  L.,  1043  W.  22d 
St. 

Summers,   G.  M. 

Sumner,  C.  E.,  Union  Oil  Bldg. 

Sumner,  W.  A.,  Union  Oil  Bldg. 

Sutphen,  J.  W.,  Union  Oil  Bldg. 

Swaffield  &  MunhoUand,  Laughlin 
Bldg. 

Swanwick,  J.  W.,  Amer.  Bk.  Bldg. 

Sweeney,  Robt.,  Title  Ins.  Bldg. 

Sweet,  Charles  I.,  Fay  Bldg. 

Sweet,  Geo.  T.,  Fay  Bldg. 

Taft,   H.  W.,  California  Bldg. 
Taggert,  J.  D.,  Union  Oil  Bldg. 
Tanner,    Taft    &    Odell,    California 

Bldg. 
Tappaan,  Clair  S.,  Douglas  Bldg. 
Tatum,  J.  T.,  H.  W.  Hellman  Bldg. 
Taylor,     E.     E.,    H.     W.     Hellman 

Bldg. 
Taylor,  G.  L.,  Amer.  Bk.  Bldg. 
Taylor,  W.    R.,   Wilson   Bldg. 
Taylor,  Taylor  Oscar.  Wilcox  Bldg. 
Taylor  &  Forgy,  California  Bldg. 
Teed,  Freeman  G.,  Title  Ins.  Bldg. 


1304 


hillyer's  legal  manual. 


LOS    ANGELES,    Los    Angeles    Co.— 

Oonitinued. 
Thatcher,  Philip  S.,  I.  W.  Hellman 

Bldg. 
Thomas,  F.   J.,  Fay  Bldg. 
Thomas,   Harold   E.,   Story  Bldg. 
Thompson,  N.  W.,  Title  Ins.  &  Tr. 

Bldg. 
Thompson,  R.  G.,  Higgins  Bldg. 
Thompson,     W.    B.,    4901     Moneta 

Ave. 
Thompson     &     Thompson,     Thorpe 

Bldg. 
Thomson,  T.  W.,  Johnson  Bldg. 
Thomson    &    Spencer,    Amer.    Natl. 

Bk.  Bldg. 
Thornton,     T.     C,     Mason     Opera 

Bldg. 
Thorpe,  Spencer,  Exchange  Bldg. 
Thorpe  &  Hanna,  Exchange  Bldg. 
Tilden,  Myror  W.,  333  So.  Hill  St. 
Tipton    &    Cailor,    Cham,    of    Com. 

Bldg. 
Title      Guaranty      &      Trust      Co., 

Franklin   &  Broadway. 
Title   &   Trust   Co.,   Spring  Bldg. 
Titus,   A.   C. 

Titus,  Frank  T.,  Capp  Bldg. 
Todd,  R.  A.,  International  Bk.  Bldg. 
Toland,  T.  O.,  Union  Oil  Bldg. 
Tolhurst,  Lewis   H.,  Douglas  Bldg. 
Towner,  C.  C,  Higgins  Bldg. 
Townsend,  Jas.  R.,  Bradbury  Bldg. 
Townsend     &     Graham,     California 

Bldg. 
Trask,  D.  K.,  Cons.  Realty  Bldg. 
Trask,     Norton     &     Brown,     Cons. 

Realty  Bldg. 
Tribit,  C.  H.  Jr.,  Mchts.  Tr.  Bldg. 
Trippett,  O.  A.,  Coulter  Bldg. 
Trist.  Robt.  N.,  West  4th  St. 
Trowbridge,  H.  H.,  120  E.  4th  St. 
Trude,    Fred    J.,    H.    W.    Hellman 

Bldg. 
Truex,  Art,  I.  W.  Hellman  Bldg. 
Tufts,  W.  L.,  California  Bldg. 
Tuller,  Walter  K.,  Title  Ins.  Bldg. 
Turnbull,  R.  B.  E.,  Title  Ins.  Bldg. 
Turner,   R.  A.,  Douglas  Bldg. 
Tuttle,  Edw.  W.,  Higgins  Bldg. 
Tyler,  W.  O.,  Germain  Bldg. 
Tyrrell,  Frank  G.,  Suite  1117  Title 

Ins.  Bldg. 
Tyrrell     &     Dougherty,     Title     Ins. 

Bldg. 

Ussher,   P.   E.,   Higgins  Bldg. 

Vale   &  Crane,   1026  Story  Bldg. 
Valentine,   F.   C,   Amer.   Bk.   Bldg. 
Valentine   &   Newby,  Wi],cox  Bldg. 


LOS    ANGELES,    Los    Angeles    Co.— 

Conitinued. 
Van  Cott,  A.  H.,  Kerckhoff  Bldg. 
Vandiveer,     H.     D.,     522     Security 

Bldg. 
Van    Dyke,    Henry    S.,    Title    Ins. 

Bldg. 
Van    Nostrand,    W.    D.,    Bradbury 

Bldg. 
Van  Pelt,  W.  G.,  Title  Ins.  Bldg. 
Van  Pelt  &  North,  Title  Ins.  Bldg. 
Van     Steinberg,     E.     B.,     Stimson 

Bldg. 
Variel,  R.  H.  F.  Jr.,  L  W.  Hellman 

Bldg. 
Variel,    Clarence,    I.    W.    Hellman 

Bldg. 
Variel,   Wm.   J.,   Wright    &   Callen- 

der  Bldg. 
Veitch,  A.  L.,  Hall  of  Records. 
Vermilyea,   S.   E.,   Hibernian   Bldg. 
Visel   &   Visel,   California  Bldg. 

Wagoner,   T.  J.,  554  No.   W.  Lake 

Ave. 
Walden,     Frank     W.,     Title     Ins. 

Bldg. 
Walker,      A.      Lincoln,      Laughlin 

Bldg. 
Walker,  L  M.,  Fay  Bldg. 
Wall,  Arnold  E.,  Title  Ins.  Bldg. 
Walter,  G.  E.,  Bway.  Central  Bldg. 
Walter,     Greer     &     Lovelers,     614 

Broadway. 
Ward,  S.  C.,  Union  Oil  Bldg. 
Warden,  C.  D.,  210  Mason  Bl. 
Washburn,    Harry    B.,    314    Wilcox 

Bldg. 
Waterman,  Jesse,  Wilcox  Bldg. 
Waterman    &    Green,   Wilcox   Bldg. 
Watkins       &      Blodgett,      Stimson 

Bldg. 
Weaver,   W.   K.,   Bradbury  Bldg. 
Weaver    &    McKee,    512    Bradbury 

Bldg. 
Wehrle,  E.  F.,   Stimson  Bldg. 
Weil,  S.  D.,  200  New  High  St. 
Welch,  B.  P.,  Capp  Bldg. 
Welch,  H.  L. 

Welch   &  Jeffray,  Capp  Bldg. 
Wellborn      Chas.,      1032      Security 

Bldg. 
Wellborn,    Olin,    Dist.    Judge,    Fed- 
eral Bldg. 
Wellborn     &     Wellborn,     Security 

Bldg. 
Weller,    D.    R.,    Thorpe    Bldg. 
Wellman,    E.    P.,    Amer.    Bk.    Bldg. 
Westover,     Myron,     Mchts.     Natl. 

Bk.  Bldg. 
Weyse,  H.  G.,  Grosse  Bldg. 


ATTORNEYS  AT   LAW. 


1305 


LOS    ANGELES,    Los    Angeles    Co.— 

Comtinued. 
Wharton,  L.  E.,  Johnson  Bldg. 
Wheeler,   Henry   0.   Jr.,   Fay   Bldg. 
Wheeler   &   Sweet,  Fay  Bldg. 
White,  Thos.,  Cham,  of  Com.  Bldg. 
Whitham,   G.   L.,   Laughlin  Bldg. 
Whittemore,  C.  O.,  Pac.  Elec.  Bldg. 
Whitworth,    Walter,    Byrne    Bldg. 
Wickliffe,   G.   W.,   Thorpe  Bldg. 
Wideman,      Wallace,      Mchts.      Tr. 

Bldg. 
Widney,  R.  M,,  3308  So.  Grand  St. 
Wier,  Harry  M.,  204  No.  Bway. 
Wilbur,   C.   D.,   Supr.  Judge. 
Wilder,     J.     K,     H.     W.     Hellman 

Bldg. 
Williams,      Chas.      E.,      Title     Ins. 

Bldg. 
Williams,  E.  S.,  Title  Ins.  Bldg. 
Williams,    Gesner,    Temple    Bldg. 
Williams,   Norman,    Exchange  Bldg. 
Williams,    W.    J.,    Exchange    Bldg. 
Williams,  Goudge   &  Chandler,  Ex- 
change Bldg. 
Willis,  Frank  R.,  Supr.  Judge. 
Willis   &   Robinson,   Bryson   Bldg. 
Wilson,    Calvert,   Wilcox  Bldg. 
Wilson,   Emmet,   Title  Ins.   Bldg. 
Wilson,   Geo.   H.,   Higgins  Bldg. 
Wilson,  Horace  S,,  Wilcox  Bldg. 
Wilson,  R.   G.,   622   Laughlin  Bldg. 
Winburn     &     Winburn,     San     Fer- 
nando   Bldg. 
Winnett,    Earl    L.,    Wright    &    Cal- 

lender   Bldg. 
Winterer,   Edward,  Wilcox  Bldg. 
Wisdom,    Earl    L.,    Cham,    of    Com. 

Bldg. 
Wisler,  H.  M.,  Mchts.  Tr.  Bldg. 
Wisler   &   Horn,   Mchts.   Tr.   Bldg. 
Wood,   J.    P.,    1206    Fedora    St. 
Wood,   Walter   J.,   Bullard   Bldg. 
Woodard,  B.  P.,  Title  Ins.  Bldg. 
Woodman,     Fred     T.,     Mchts.     Tr. 

Bldg. 
Woodruff,   F.   B.,    Grosse   Bldg. 
Woodruff,    Geo.    H.,    Douglas    Bldg. 
Woolwine,  C.  W.,  Pac.  Elec.  Bldg. 
Woolwine,     Thos.     L.,     Title     Ins. 

Bldg. 
Works,     J.     D.,     H.     W.     Hellman 

Bldg. 
Works,   Lewis   R.,   H.   W.   Hellman 

Bldg. 
Works    &   Jordan,   H.    W.   Hellman 

Bldg. 
Wright,   Alfred,   Van   Nuys   Bldg. 
Wright,    Arthur,    Currier    Bldg. 
Wright,  Foster   C,   Douglas  Bldg. 
Wycoff,  A.  H.,  Amer.  Bk.  Bldg. 


LOS    ANGELES,    Los    Angeles    Co.— 
Continued. 
Wyvell,   G.   F.,   Mchts.  Tr.  Bldg. 
Wynn,   C,  I.   W.   Hellman   Bldg. 

Yager,   Thos.   C,  Higgins  Bldg. 
Ybarra  &  Parker,  Tr.  &  Sav.  Bldg. 
Yeaman,   Harvey,   Stimson   Bldg. 
York,  J.  M.,  Mason  Bldg. 
York,     John     M.,     Mason     Opera 

Bldg. 
York  &  York,  Mason  Opera  Bldg. 
Young,   E.   R.,   Story   Bldg. 
Young,  Milton,  K.,  H.  W.  Hellman 

Bldg. 
Young,    Robert,    Higgins    Bldg. 

Zerbe,  J.   S.,  Story  Bldg. 

LOS  BANCS,  Merced  Co. 

Bickmore,  Edw. 
LOS  GATOS,  Santa  Clara  Co. 

Bell,  R.  R. 

Butler,  G.  A. 

Jenkins,  D.  T. 

Milligan,  D.  H. 

Pearce,  B.  W. 

Robertson,  R.  F. 
LOYALTON,  Sierra  Co.— 

Neville,  H.  B. 

McKITTRICK,  Kern  Co.— 

Fox,  Paul. 
MADERA,  Madera  Co.— 

Barcroft,  Jos. 

Conley,  W.  M.,  Judge  Supr.  Ct. 

Curtin,  W.  R.,  Clk.  Supr.  Ct. 

Fee,  F.  A. 

Hargrove,  R.  L. 

Larew,  W.  H.,  Dist.  Atty. 

Mordecai,  G.  W. 

Rhodes,  Raleigh  E. 

MARICOPA,  Kern  Co.— 

Bell,  H.  H. 
MARIPOSA,  Mariposa  Co.— 

Barnhart,   Chas. 

Corcoran,  John  M. 

Stolder,  R.  B. 

Trabucco,  J.  J.,  Supr.  Judge. 

Wall,  J.  A. 
MARKLEVILLE,  Alpine  Co.— 

Dunlap,  Fred.  S.,  Clk.  Co.  Ct. 

Grau,  Otto  K.,  Dist.  Atty. 

Price,  Lester  T.,  Sup.  Judge. 
MARTINEZ,  Contra  Costa  Co.— 

Brown,  C.  C. 

Brown,  L.  C. 

Bray,  A.  F. 

Jones,  M.  R. 

Latimer,  R.  H.,  Supr.  Judge. 


1306 


hillyer's  legal  manual. 


MARTINEZ,     Contra     Costa     Co.— Con- 
tinued. 
McKenzie,  A.  B. 
Rodgers,  J.  E. 
Soto,  A.  J. 
Tinning,   W.   S. 
Tormey,  Leo  F. 
Wells,  J.  H.,  Co.  Clk. 
Wight,  R.  H. 
Wyatt,  Jno.  O.  B. 

MARYSVILLE,  Yuba  Co.— 
Belcher,  Richard. 
Brittan  &  Raish. 
Carlin,  W.  H. 
Covillaud,  C.  J. 
Dinsmore,  W. 
Eastman,  J.  F.,  Clk.  Ct. 
Ebert,  J.  E. 

Greely,  F.  H.,  Co.  Recorder. 
Johnson,   W.  S. 

McDaniel,  E.  P.,   Supr.  Judge. 
Manwell,  E.   T.,  Dist.   Atty. 
Sanford,  J.  A. 
Stanwood,  E,  B. 
Thomas,  J.  C. 

MAYFIELD,  Santa   Clara  Co.— 

Carothers,  E.  D. 

Wright,  Charles  F. 
MENLO  i^ARK. 

Linforth,  W.  H. 

MERCED,  Merced   Co.— 

Brickley,  Henry. 

Croop,  W.  B. 

Farrar,  Frank  H. 

Fowler,  B.  F. 

Griffin,  J.  J. 

Henderson,  F.  W. 

Landram,  H.  K. 

Law,  J.  K. 

Mahon,  Jack. 

Ostrander,  F.  G. 

Rector,  E.  N. 

Schino,  L.  J. 

Shaffer,  Hal  S. 

Thornton,  P.  J.,  Clk.  Ct. 
M:ILL  valley,  Marin  Co.— 

Chase,  Jas.  V. 
MODESTO,  Stanislaus  Co.— 

Benson,  H.,  Clk.  Supr.  Ct. 

Brown,  Richard  A. 

Brown,  W.  J. 

Coldwell,  T.  A. 

Cross,  J.  M. 

Dennett,  Lewis  L. 

Jones,  E.  R. 

Fulkerth,  L.   W.,   Supr.  Judge. 

Gailfus,  C.  R. 

Griffin,  T.  F. 


MODESTO,  Stanislaus  Co.— Continued. 
Griffin  &  Carlson. 
Hatton  &  Scott. 
Hawkins,  J.  Waldo. 
Hoover,  F.  O. 

Jennings,  J.  B.,  Pol.  Judge. 
Jones,  E.  R. 
Maddux  &  Maddux. 
May,  J.  T. 
Needham,  J.  C. 
Rienienschneider  &  Yanckwich. 
Van  Dusen,  Jas.  P. 
Walthall,  J.  M. 
West,  J.  S. 
Zander,  Carl. 
Zion,  E.  H. 

Carlson,  A.  J.,  Modesto. 
Knox,  R.  G.,  Modesto. 

MONROVIA,  Los  Angeles  Co.— 
Dunn,  W.  P. 
Robinson,  D.  W. 
Taylor,  E.  E. 

MONTEREY,  Monterey  Co.— 
Gould,  G.  S. 

Hudson,  Treat  &  Martin. 
Carmel,  M. 
Jorgensen,  H.  S. 
Mack,   Silas   W. 
Sandholt  &  Wolf. 
Willey,  R.  H. 

MORGAN  HILL,  Santa  Clara  Co.— 
Estes,  G.  K. 

MOUNTAIN  VIEW,  Santa  Clara  Co. 
Brown,  W.  W. 
Burns,  R.  V. 
Cooley,  W.  R. 
Frea,  Arthur. 

NAPA,  Napa  Co.— 
Bell,  E.  S. 

Collins,  N.  W.,  Clk.  €t. 
Coombs,  F.  L. 
Coombs,  N.  F.,  Dist.  Atty. 
Gasford,  H.  C,  Supr.  Judge. 
Hull,  A.  J. 

.Johnston,  Johnston  &  Johnston. 
King,  P.  S. 
Palmer,  Jas.  M.  Jr. 
Riggins,  C.  N. 
Rutherford,  W.  T. 
Silva,  F.  M. 
Trower,  C.  E. 
Watson,  A.  A. 
Webber,  E.  L. 
York,  J.  T. 

NATIONAL  CITY,  San  Diego  Co.— 
Palmer,  T.  R. 
Pirkey,  O. 


ATTORNEYS   AT   LAW. 


1307 


NEVADA  CITY,  Nevada  Co.— 
Buckley,  G.  D. 
Coughlan,  Geo.,  Co.  Clk. 
Finnegan,  Geo.  B. 
Jones,  Geo.  L.,  Sup.  Judge. 
Lindley,  I.  C. 
Nilon  &  Arbogast. 
Searls,  Fred. 
Walling,  J.  M. 

NEWMAN,  Stanislaus  Co.— 
Whitby,  G.  A. 
Whithurst,  G.  A. 

NORWALK,  Los  Angeles  Co.— 
Sproule,   Frank. 

OAK  DALE,  Stanislaus  Co.— 
Reeder,  F.  W. 

OAKLAND,  Alameda   Co.— 

Abbott,    Carl    H.,    Oakland  Bk.  of 

Sav.  Bldg. 
Agnew,  A.  C,  Oak.  Bk.  Sav.  Bldg. 
Aiken,   Benj.  R.,  Realty  Bldg. 
Aldrich,  H.  L.,  812  Broadway. 
Aldrieh  &  Gentry,  802  Bway. 
Allen,     John    J.,    Union     Sav.    Bk. 

Bldg. 
Alvarado,    H.    V.,   Union    Sav.     Bk. 

Bldg. 
Andrews,  W.  A.,  957  Bway. 
Angwin,  Wm.  S.,  969  Bway. 

Bartlett,  F.  H.,  Union  Sav.  Bk. 
Bldg. 

Beardsley,  Chas.  A.,  Oakland  Bk.  of 
Sav.  Bldg. 

Bell,  R.  F.,  1255  Bway. 

Bell,  Bell  &  Smith,  1st  Nat.  Bk. 
Bldg. 

Berlin,  F.  A.,  Central  Bk.  Bldg. 

Bingaman,  J.  W.,  Union  Sav.  Bk. 
Bldg. 

Black,  P.  C,  Union  Sav.  Bk.  Bldg. 

Bradley,  T.  M.,  U.  S.  Bk. 

Breed,  H.  L.,  1102  Bway. 

Brown,  E.  J.,  Supr.  Judge  Court- 
house. 

Bruenn,  Adolph,  Bacon  Bldg. 

Burpee,  Walter  J.,  Dep.  Dist.  Atty. 

Button,  F.  L.,  Bacon  Bldg. 

Carey,  Philip  M.,  Dep.  Dist.  Atty. 
Carr,  F.  M.,  Security  Bk.  Bldg. 
Chapman  &  Trefetken,  Oakland  Bk. 

of  Sav.   Bldg. 
Chase,   S.   J.,   Oakland   Bk.   of   Sav. 

Bldg. 
Clark,  Leon  A.,  Dep.  Dist.  Atty. 
Clark,  Leonard  S.,  851  Jackson   St. 
Clark,  W.  C,  Union  Sav.  Bk.  Bldg. 
Clarke  &  Clarke,  Security  Bk.  Bldg. 


OAKLAND,  Alameda  Co.— Continued. 
Coffman,  A.  B,,  Bacon  Bldg. 
Cohen,  A.  H.,  872  Bway. 
Colvin,   C.   L.,   812   Bway. 
Colvin  &  Graber,  906   Bway. 
Craig,  H.  S.,  1003 1/2   Bway. 
Creely,  James  H.,  906  Bway. 
Crosby  &  Richardson,  1003V^  Bway. 
Crowell,    Clarence,    Union    Sav.    Bk. 
Bldg. 

Davis,  W.  R.,  Bacon  Bldg. 
Dean,  W.  E.,  Bacon  Bldg. 
Decoto,  E.  W.,  Bacon  Bldg. 
De  Frietas,  F.  L.,  957  Bway. 
De    Golia,   D.    C,    Oakland   Bk.    ot 

Sav.  Bldg. 
De  Golia,  Geo.  E.,  Oakland  Bk.  of 

Sav.  Bldg. 
De  las  Casas,  J.  B.,  1715  Fruitvale 

Ave. 
Devere,  C.  W. 
Dibert,  Jesse,  Bacon  Bldg. 
Dibert,  P.   C. 

Dibert  &  Stiefvater,  Bacon  Bldg. 
Dodge,  C.  G.,  Oakland  Bk.  of  Sav. 

Bldg. 
Dolenty,  F.  X.,  3815,  Foothill  Blvd. 
Donohue,  D.  G. 
Donohue,  W.   H.,  Dist.   Atty. 
Donovan,  W.  J.,  855  Bway. 
Du  Brutz,  F.  V. 
Dunn,  Walter  R.,   1020  Bway. 
Dutton,  D.  C,  Oakland  Bk.  of  Sav. 

Bldg. 

Earle,    J.    Jewett,    Union    Sav.    Bk. 

Bldg. 
Eliassen,  Edward  R.,  Union  Sav.  Bk. 

Bldg. 
Elston,  J.  A.,  Oakland  Bk.  of  Sav. 

Bldg. 
Elsworth,   Jno.  A. 

Encell,  H.  A.,  First  Natl.  Bk.  Bldg. 
Engs,  E.  W.,  Union  Sav.  Bk.  Bldg. 

Farnsworth,  A.  K.,  1274  47th  Ave. 
Fitch,  J.  R.,  Union  Sav.  Bk.  Bldg. 
Fitzgerald  &  Abbott,  Oakland  Bk.  of 

Sav.  Bldg. 
Foote,  M.  M. 
Fountaine,    P.    A.,    Oakland   Bk.    of 

Sav.  Bldg. 
Frank,  J.  N.,  Union  Sav.  Bk.  Bldg. 
Freeman,  E.  A.,  1218  34th  Ave. 
Frick,  A.  L.,  Bacon  Bldg. 
Fry,  F.  W.,  906  Bway. 

Geary,  Wm.  R.,  307  East  12th  St. 
Gehringe,  E.  E..  Commercial  Bldg. 
Gentry,  W.  H.  H.,  906  Bway. 


1308 


HILLYER^S  LEGAL    MANUAL. 


OAKLAND,  Alameda  Co.— Continued. 
Gibson   &  Woolner,  First  Natl.   Bk. 

Bldg. 
Gill,  C.  M.,  Bacon  Bldg. 
Gill,  H.   D.,  969  Bway. 
Glasscock  &  Howard,  906  Bway. 
Glickman,    Lewis,    Oakland    Bk.   of 

Sav.  Bldg. 
Goble,  F.  J.,  So.  Berkeley  Bk.  Bldg. 
Goldsby,  Z.  N.,  Oakland  Bk.  of  Sav. 

Bldg. 
Gordon,  F.  J.,  lOOSM.   Bway. 
Graber,   Thos.   F.,  906  Bway. 
Gray,  T.  S.,  1003  %  Bway. 
Griffith,  H.  B.,  First  Natl.  Bk.  Bldg. 
Grijalva,  W.   P.,   969  Bway. 
Gwilt,  Jno.  W.,  906  Bway. 

Hagan,  H.  L.,  Bacon  Blk. 
Hamilton,    Milton    S.,    Oakland    Bk. 

of  Sav.  Bldg. 
Harford,  Lyman,  3210  E.  14th  St. 
Harris,  T.  W,,  Supr.  Judge. 
Harrison,    Henry   E.,    Alameda   Sav. 

Bk.  Bldg. 
Hayes    &    Farmer,    705    Union    Sav. 

Bldg. 
Hennessey,  Wm.  J.,  Oakland  Bk   of 

Sav.  Bldg. 
Henshaw,  F.  W.,  Supm.  Judge. 
Hewitt,  E.  E.,  855  Bway. 
Hicks,  Hervey,  First  Natl.  Bk,  Bldg. 
Hill,  W.  L.,  Bacon  Bldg. 
Holman  &  Manning,  First  Natl.  Bk. 

Bldg. 
Hough,  Rollo  J.,  Security  Bk.  Bldg. 
Howard,    Carey,    812    Broadway. 
Huffaker.  E.  Bacon  Bldg. 
Huxley,  T.  C,  Union  Sav.  Bk.  Bldg. 
Hyde,  F.  A.,  601  18th  St. 
Hynes,  W.  H.  L.,  Dep.  Dist.  Atty. 

Ingraham,    Geo.    A.    (colored),     906 
Bway. 

James,  J.  T.,  978  Franklin  St. 
Johnson,  G.  W.,  3631   Georgia  Ave. 
Johnson,  H.  A.,  834  55th  St. 
Johnson   &   Shaw,   Union   Sav.   Bk. 

Bldg. 
Jones,  George,  921  Bway. 
Jones,  R.  D.,  Security  Bk.  Bldg. 
Josselyn,  J.  S.,  Union  Sav.  Bk.  Bldg. 

Kellogg,  F.  C,  Oakland  Bk.  of  Sav. 

Bldg. 
Kennedy,  J.  J.,  Oakland  Bk.  of  Sav. 

Bldg. 
Kinsell,    Dudley,    Oakland    Bk.    of 

Sav.  Bldg. 
Koenig,  Max  W.,  878  Bway. 


OAKLAND,  Alameda  Co. — Continued. 
Kofford,    Jos.    S.,    Oakland    Bk.    of 

Sav.  Bldg. 
Krenkel,  J.  F.,  Macdonough  Bldg. 
Kroning,  W.  F.,  812   Bway. 

Lake,  F.  W.,  909  Linden  St. 
Langen  &  Mendenhall,  Bacon  Bldg. 
Leach,  A.  P.,  Union  Sav.  Bk.  Bldg. 
Leach,  H.  E.,  Union  Sav.  Bk.  Bldg. 
Leet,  L.  C,  Bacon  Bldg. 
Long,  J.  J.,  865  San  Pab.  Ave. 
Lukins,  G.  R.,  1218  Bway. 
Luttrell,  A.  H.,  Bacon  Bldg. 

McClymonds,  Vance,   Coml.   Bldg. 
McDonald,  J.  J.,  1206  Bway. 
McDonough,  G.  J.,  906  Bwav. 
McKee,  R.  L.,  855  Bway. 
McKee  &  Tashiera,  Oakland  Bk.  of 

Sav.  Bldg. 
McPike,    H.     C,    Realty    Syndicate 

Bldg. 
McVey,  Jno.  L.,  Bacon  Bldg. 
Magnes,     Irving,     Union     Sav.     Bk. 

Bldg. 
Manning,    L.     D.,     First    Natl.    Bk. 

Bldg. 
Marcuse,  Max,  828  Bway. 
Martin,  H.  L. 

Melvin,  H.  A.,  Supm.  Judge. 
Merrill,    Geo.    B.,    Oakland    Bk.    of 

Sav.  Bldg. 
Metcalf,  G.  D.,  First  Natl.  Bk.  Bldg. 
Metcalf,    Victor,     Union     Sav.     Bk. 

Bldg. 
Michel,   A.,  Bacon  Bldg. 
Montague,    A.    A.,    First    Natl.    Bk. 

Bldg. 
Montgomery,   J.    P.,   Bacon   Bldg. 
Morbio,  P.  A.,  878  Bway. 
Moreland,  W.  W.,  812  Bway. 
Morison,  H.  C,  Bacon  Bldg. 
Murcell,   Chas.,   927   Bway. 
Murdock,   Alex.,   957    Bway. 
Murphy,  J.  L.,  1253  Webster  St. 
Murphy,   Martin,   Courthouse. 
Myers,  R.  B.,  Bacon  Bldg. 

Oak.  Term.  Ry.  Law  Dept.,  911  Syn- 
dicate Bldg. 
O'Brien,  W.  S.,  Dep.  City  Atty. 
O'Brien  &  Gill,  969  Bway. 
Oliphant,    D.    D.,    First    Nat.    Bk. 
O'Neill,  J.  M. 
Ogden,  F.   B.,   Supr.  Judge. 

Page,  E.  S.,  Bacon  Bldg. 
Patterson,  C.  H.,  969  Bway. 
Peirsol,  H.  J.,  Bacon  Bldg. 
Phillips,  L.  E.,  Bacon  Bldg. 
Powell,  Wm.  A.,  Coml.  Bldg. 


ATTORNEYS   AT  LAW. 


1309 


OAKLAND,  Alameda  Co. — Continued. 
Pulcifer,    H.    W.,    Union     Sav.    Bk. 
Bldg. 

Quayle,  Chas.,  Bacon  Bldg. 
Quinn,  Jas.  C,  SOth  and  Adeline. 

Eandall,    J.     C.     (colored),     lOOS^^ 

Bway. 
Eawson,  F.  L.,  Bacon  Bldg. 
Kawson,  M.  L.,  906  Bway. 
Reddall,   T.   A.,   Bacon  Bldg. 
Reed,     Black,     Reed     &     Bingamon, 

Union  Sav.  Bk  Bldg. 
Richardson,  Geo.   H.,   1003%   Bway. 
Richardson,  G.    N.,   Bacon   Bldg. 
Richardson,  J.  B.,  Bacon  Bldg. 
Rinehart,  W.  B.,   1003  i/o   Bway. 
Roberts,  E.  R.,  1574  7th  St. 
Robinson    &   Robinson,     First     Natl. 

Bk.  Bldg. 
Rode,  W.  E.,  Bacon  Bldg. 
Rose,    J.    J.    Jr.,    Union    Sav.    Bk. 

Bldg. 
Rose,  J.  L.,  Bacon  Bldg. 
Russell,  J.  F.,  Oakland  Bk.  of  Sav. 

Bldg. 
Ryker,  E.  G.,  Security  Bk.  Bldg. 

St.  Sure,  A.  F.,  Bacon  Bldg. 
Samuels,   G.    E.,   Pol.   Judge,  Union 

Sav.  Bk.  Bldg. 
Samuels,     M.     J.,     Union    Sav.    Bk. 

Bldg. 
Sands,  J.   A.,   Oakland  Bk.   of  Sav. 

Bldg. 
Satterwhite,  W.  T.,  Dep.  Dist.  Atty., 

Courthouse. 
Schroeder,    H.    G.,    First    Natl.    Bk. 

Bldg. 
Schwartz  &  Powell,  Coml.  Bldg. 
Scott,  Jno.  C,  10031/2  Bway. 
Scott,  J.  C,  1007  Bway. 
Sears,  H.  L.,  Union  Sav.  Bk.  Bldg. 
Sech,     Bunker     &     Cole,     Syndicate 

Bldg. 
Shaw,  G.  N.,  Union  Sav.  Bk. 
Shepardson,   Milton,   906   Bway. 
Shine,   A.   T.,  Oakland  Bk.   of  Sav. 

Bldg. 
Sledge,    L.    Y.     (colored),    555    7th 

Ave. 
Smith,    M.,    Oakland     Bk.     of     Sav. 

Bldg. 
Smith,  Willard   P.,   801   Union   Sav. 

Bk.  Bldg. 
Snook   &   Church,    Security    Bk.    & 

T.  Co.  Bldg. 
Sorensen,  N.  P.,  1003%  Bway. 
Stetson,  J.   W.,   1206   Bway. 
Stetson  &  Koford,  Oakland  Bk.  of 

Sav.  Bldg. 


OAKLAND,  Alameda  Co.— Continued. 
Stocker  &  Holland,  13th,  near  Bway. 
Stout,  H.  A.,  First  Natl.  Bk.  Bid?. 
Street,  J.  F.,  1014  Bway. 
Street  &  Street,   Macdonough   Bldg. 
Swalley,  A.  E.,  Bacon  Bldg. 

Tashiera,    A.    G.,    Oakland     Bk.     of 

Sav.  Bldg. 
Tillman,    T.    C,    Security    Sav     Bk. 

Bldg. 
Trefethan,   E.   E.,   Oakland  Bk.   of 

Sav.  Bldg. 
Turner,    Aaron,    Security    Sav.    Bk. 

Bldg. 
Tuttle,  F.  P.  Jr.,  906  Bway. 
Tyrrel,     E.     J.,     Security   Sav.    Bk. 

Bldg. 

Van  Hovenberg,  A.  A.,  1319  Fruit- 
vale  Ave. 

Yan  Hovenberg,  J.  J.,  969  Bway. 

Van  Sickle,  True,  Oakland  Bk.  of 
Sav.  Bldg. 

Walker,  H.  G.,  906  Bway. 
Walker  &  Moreland,  906  Bway. 
Walsh,    P.    M.,   Security    Sav.    Bk. 

Bldg. 
Waste,  W.  H.,  Supr.  Judge. 
Wells,  W.  S.,  Supr.  Judge. 
White,  C.  G.,  957  Bway. 
White,  E.  D.,  Security  Bk.  Bldg. 
Whitmore,      Welles,      Security      Bk. 

Bldg. 
Whitney,  F.  E.,  909  Bway. 
Williams,  G.  R.,  969  Bway. 
Wilson,  C.  E.,  Union  Sav.  Bk.  Bldg. 
Wise,  H.  D.,  Coml.  Bldg. 
Witter,  G.  F.,  Central  Bk.  Bldg. 
Wittschen,    T.    P.,    Oakland    Bk.    of 

Sav.  Bldg. 
Wood,  C.  F.,  Bacon  Bldg. 
Wood,  0.  R.,  906  Bway. 
Woodburn,   F.   L.,   Bacon   Bldg. 
Wyman,  B.  J.,  Pantages  Bldg. 
Yule,  John,  957  Bway. 

OASIS,  Mono  Co.— 
Froman,  W.  S. 

OCEAN  PARK,  Los  Angeles  Co.— 
Breden,  M.  A. 

Hanna,  Byron  C,  City  Atty. 
Hulbert,  B.  G. 
Lee,  Wni.  D. 
Susemihl,   L.   G. 
Tanner,  Taft  &  Odell. 

OCEANSIDE,  San  Diego  Co.— 
Hayes,   C. 
Johnston,  John, 
Korick,  D. 


1310 


HILLYER  S   LEGAL   MANUAL. 


ONTARIO,  San  Bernardino  Co.— 
Burt,  A.  W. 
Jolliffe,  E.  H. 
Pollock,  J.  R. 
Warmer  &  Jones. 
Warmer,  Ben  J. 

ORANGE,  Orange  Co.— 
Bell,  Fleetwood. 
Brown,  Wm.  M.  B.,  City  Atty. 
Davis,  S.  M. 
Hartwick,  L.  A. 

ORLAND,  Glenn  Co.— 
Clifton,  R.  L. 

ORVILLE,  Butte  Co.— 
Duncan,  W.  E.  Jr. 
Gardner,  Geo.   E. 
Gray,  C. 

Gray,  J.  C,  Judge. 
Gregory,  H.  D. 
Jones,  A.  F. 
Jones,  G.  F. 
Leonard,  Raymond  A. 
McGee,  John  M. 
McGregor,  J.  A. 

OXNARD,   Ventura   Co.— 
Blackstoek,  Chas.  F. 
Gardner,  E.  S. 
Stewart,  I.  W. 

PACIFIC  GROVE,  Monterey  Co.— 

Gould,  George  S. 

Mack,   Silas  W. 
PALO  ALTO,  Santa  Clara  Co.— 

Charles  &  Schneider, 

Malcolm,  N.  E. 

Rogers  &  Smith,  W.  R. 

Rogers,  Walter, 

Thomas,  M.  H. 
PASADENA,  Los  Angeles  Co.— 

B«ll,   N.   W. 

Bourne,  M. 

Burns,  E.  E. 

Butler,  M.  B. 

Byrne,  James  E. 

Carr,  Wm.  J.,  City  Atty. 

Gary,  Geo.  P. 

Chynoweth,  H.  W. 

Cosgrove,   T.   B. 

Cruikshank,  Geo. 

Dunham,  Frank  C. 

Furlongs  R.  M. 

Geary,  E.  P. 

Gibb,  Geo.  A. 

Goodrich,  J.  A. 

Hahn,  Edwin  F. 

Hahn  &  Hahn. 

Harrah,  A.  M. 

Harrah,  J.  G. 

Hinds,  Sam'l  S. 


PASADENA,    Los    Angeles    Co.— Con- 
tinued. 
Kelley,  F.  W. 
Knudson,  C.  O. 

McDonald,  R.  W.,  Pol.  Judge. 
Merriam,  J.  H. 
Milliken,  Edw.  R. 
Morin,  Jas.  M. 
Porter  &  Sutton, 
Robinson,  H.  M. 
Rossiter,  J.  G. 
Rowe,  G.  J. 
Rowland,  A.  L. 
Sears,  J.  D. 
Simpson,  C.  M. 
Simpson,  Moody  &  Simpson. 
Soale,  Wilson  H. 
Strang,  Benj.  C. 
Tanner,   Taft  &  Odell, 
Ticknor  &  Carter. 
Willett,  C.  J. 
Wright,  Bell  &  Ward. 
Wright,  W.  S. 

PASO  ROBLES,  San  Luis  Obispo  Co.— 
Putnam,  Chas.  G. 
Greene,  Carlton  W. 
Webster,    A. 

PETALUMA,  Sonoma  Co.— 
Cromwell,  F.  A. 
Denny,  T.  C,  Superior  Judge. 
Early,  W.   H. 
Fury,  Chas.  F. 
Green,  Lyman. 
Hall,  G.  P.,  City  Atty. 
Haskell,  W.  B. 
Johnson,  Newton   A. 
Howell,  Fred  S. 
Lippitt  &  Lippitt. 
Meyer,  F.  A. 
Rankin,  L.  E. 

PLACERVILLE,  El  Dorado  Co.— 
Arnot,  N.  D.,  Supr.  Judge. 
Bennett,  M.  P. 
Bray,  W.  F. 
Darling,  A. 
Howard,  Clarke, 
Irwin,  F. 
Miller,  J.  P.  G. 
Peters,  C.  E. 

Thompson,  George  H.,  Dist.  Atty. 
Witmer,  E.  W. 

PLEASANTON,  Alameda  Co.— 
Donahue  &  Gale. 
Harris,  T.  W.,  Superior  Judge. 
Palmer,  Jno.  R. 

PLYMOUTH,  Amador  Co.— 
Burgon,   Geo.   A. 
Ekel,  John  J. 
Orr,  F.  A. 


ATTORNEYS   AT   LAW. 


1311 


POMONA,  Los  Angeles  Co.— 
Burnham,  J.  E. 
Gallup,  J.  A. 
Garret,  W.  A. 
Guerin  &  Guerin. 
Guerin,  C.  W. 
Hyatt,  Frank  H. 
Joos,  .T.  W. 
Molyneaux,  F.  A. 
Neeley,  John  H. 
Nichols,  Allen  P. 
Nichols  &  Pitzer. 
Tamlin,  W.  L. 

PORTEESVILLE,    Tulare   Co.— 
Boiler,  J,  F. 
Clarke,  L.  J. 
Lindsay,  E.  Lee. 
Murray,    Geo.    G. 

QUINCY,  Plumas  Co.— 
Boyle,  J.  A. 
Hughes,  L.  H. 
Kellogg,  W.  W. 
Kerr,  Chas.  E.,  Dist  Atty. 
McLaughlin,  J.  D. 
Moncur,  J.  O.,  Supr.  Judge. 
Peter,  L.  N. 
Wolfe,  H.  B. 

RAYMOND,  Madera   Co.— 
Lockton,   David. 

RED  BLUFF,  Tehama  Co.— 

Andrews,  H.  P. 

Cheatham,  M.  J. 

Coffman,  P.  H. 

Ellison,  J.  F.,  Supr.  Judge. 

Fish,  W.  A.,  Dist.  Atty. 

Gernon,  N.  A. 

Johnson,  W.  P. 

Ludeman,   Arthur. 

McCoy,  A.  M. 

McCoy  &  Gans. 

Matlock,  J.  T.  Jr. 

Pendleton,  E.   C. 

True,  J.  N. 

Wells,  Jno.  J. 
REDDING,  Shasta  Co.— 

Barber,  J.   E.,   Supr.  Judge. 

Braynard,  C.  H. 

Bush,  G. 

Carr,  F. 

Chenoweth,  Orr  M. 

Estep,  Jas.  G. 

Frisbee,  N.  B. 

Head,  C.  M.,  Supr.  Judge. 

Herzinger  &  Herzinger. 

Primm,   F.   P. 

R€id,  D.  G. 

Reid  &  Dozier. 

Shanahan,  T.  W. 


REDDING,  Shasta  Co.— Continued. 

Tillotson,  W.  D. 

Witherow,  S.  N.,  Clk.  Ct. 
REDLANDS,  San  Bernardino  Co.— 

Allen,  Halsey  W. 

Campbell,  E.  C. 

Chapman,  C.  E. 

Dewhirst,  H,  L. 

Field,  K.  H. 

Foster,  A.  M. 

Mclver,  Peter  G. 

Patterson,  E.  B. 

Pratt,   Edgar   G. 

Ruggles,  Chas.   A. 

Tisdale,  Wm.   M. 

Truesdell,  C.  E. 

REDONDO  BEACH,  Los  Angeles  Co. 

Perry,  Frank  L. 
REDWOOD  CITY,  San  Mateo  Co.— 

Buck,  G.  H.,  Supr.  Judge. 

Fitzpatrick,  E.  F. 

Kincaid,   Archer. 

Mansfield,  Albert. 

Nash,  Jos.  H.,  Clk.  Supr.  Ct. 

O'Keefe,  Jas.  T. 

Ross  &  Ross. 

Swart,  Franklin,  Dist.  Atty. 

Walker,  H.  W. 

RIALTO,  San  Bernardino  Co.— 

Hodge,  R.  E. 
RICHMOND,  Contra  Costa  Co.— 

Alvardo,  H.  V. 

Clark,  C.  A. 

De  Lap,  T.  H. 

Grimm,  Benj.  H. 

Hall,  D.  J. 

Odell,  C.  A. 

Smith,   Frank. 

Windrem,  L.  D. 

Windrem  &  Johnston. 
RIVERSIDE,  Riverside  Co.— 

Allen,  T.  M. 

Best,  Raymond  C. 

Benshoff,  C.  W. 

Carnahan,  H.  L. 

Collier  &  Craig. 

Cornish,  A.  D. 

Craig,  H.  H. 

Davison,  W.  C. 

Densmore,  F.  E.,  Supr.  Judge. 

Drew,  Asa  W. 

Ellis,  W.  H. 

Estudillo,  Miguel. 

Evans,  Lyman,  Dist.  Atty. 

I'Tench,  George  A. 

Gill,  L. 

Gray,  Chas.  R. 

Harger,  K.  D. 

Hibbard,  H.  C. 

Irving,  W.  G. 


1312 


hillyer's  legal  manual. 


RIVERSIDE,   Riverside   Co.— Continued. 
McFarland,  L.  L, 
Nightingale,  T.  S. 
North,  R.  L. 
Porteoiis,  T.  T. 
Potter,  H. 
Purington  &  Adair. 
Sarau,  Geo. 
Sanders,  O.  P. 
Strang,  John  R. 
Thompson,  H.  L. 
Webb,  Holton, 
Winder,  A.  H. 

ROSEVILLE,  Sacramento  Co.— 
Gibson,  J.  B. 

ST.  HELENA,  Napa  Co.— 
Nowland,  J.  A. 

SACRAMENTO,  Sacramento  Co.— 
Adams,  J.  W. 
Anderson,  W.  A. 
Aram,  Eugene. 
Ashby,  W.  H. 
Atkinson,  F.  F.,  Dep.  Dist.  Atty. 

Baker,  Chas.  W. 

Bauer,  John. 

Beckwith,  Chas.  M. 

Bidwell,  C.  H.  S. 

Bliss,  Chas.  A. 

Bradford,  H.  B. 

Brown,  J.  Frank. 

Brown,  J.  Q. 

Burnett,  A.  G.,  Judge  Ct.  Appl. 

Busick,  C.  O. 

Butler  &  Swisler. 

Carleton,  C.  C. 

Carragher,  W.  J. 

Chipman,  N.  P.,  Judge  Ct.  Appl. 

Christiansen,  T.  H. 

Clarken,  R.  M. 

Cornell,  J.  D. 

Cothrin,  Foye. 

Crocker,  Chas.  H. 

Dalton,  Alfred  Jr. 

Daly,  J.  S. 

De  Ligne,  A.  A. 

De  Ligne  &  Jones. 

Derby,   H.   S. 

Devlin,  Wm,   A. 

Devlin  &  Devlin. 

Downey  &   Pullen. 

Driver,  B.  F. 

Driver,  P.  S. 

Dunn,  Cowan  &  Brand. 

Dunn,  L.  H. 

Dyas,  W.  G. 

Elliott,  C.  A. 

Farron,  Sam'l  E. 


SACRAMENTO,   Sacramento   Co.— Con- 
tinued. 
George  &  Hinsdale. 
George,  W.  F. 
Gett,  William  A. 
Glenn  &  Waring. 
Greene  &  Smith. 

Harber,  Clinton  E. 

Harris  &  March. 

Harris,  Chas.  B. 

Hart,  A.  L.  Jr. 

Hart,  E.   C,  Judge  Ct.  Appl. 

Hart  &  Pipher. 

Hart,  S.  R. 

Hatfield,  L.  T. 

Hatfield,  Victor  L. 

Henley,  W. 

Holl  &  Holl. 

Hopkins,  O.  G. 

Howard,  B.  F. 

Howe,  S.  L. 

Howe,  Wm.  S. 

Hughes,  J.  R. 

Hughes,  Jos.  W.,  Supr.  Judge. 

Inman,  J.  M. 

Jackson,   E.   R. 
Johnson,  Grove  L. 
Johnson,  P.  H. 
Johnson  &  Lemmon. 
Johnston,  John  W. 
Jones,  C.  T. 
Jones,  J.  Chas. 

Kleinsorge,  William  E. 

Larue,  H.  M.  Jr. 
Latta,  Wm.  A. 
Leeper,  Thos.  B. 

McCurdy,  A.  H. 
McLaughlin,  C.  E.,  Judge. 
McKisick,  R.  T. 
Madison,  A.  J. 
March,  John  C. 
Mars,  Frank  L. 
Melteen,  C.  F. 
Metteer,  C.  F. 
Meredith  &  Landis. 

O'Brien,  Frank  J. 
Needham,  Irving. 
Phipps,  W.  T. 
Pittman,  W.  B. 
Platnauer,  Rafael. 
Post,  C.  N.,  Supr.  Judge. 
Prewett,  J.  O. 

Renfro,  W.  P. 
Revnolds,  A.  B. 
Rullen,   J.   F. 

Sevmour  &  Yell. 


ATTORNEYS   AT   LAW. 


1313 


SACEAMENTO,  Sacramento  Co —Con- 
tinued. 
Shelley,  Hoag  &  Leeper. 
Shields,  P.  J.,  Supr.  Judge. 
Shinn,  Robt.  L. 
Shinn,  A.  L. 
Shinn  &  Shinn. 
Smith,  Albert  D. 
Soule,  E.  G. 
Soule,  H.  G. 
Swezy,  C.  E. 

Tabor,  A.  R. 
Thomas,  C.  W.  Jr. 
Thomas,  J.  C. 
Tuttle,  Chas.  A. 

Wachhorst,  E.  S.,  Dist.  Atty. 

Warhaftig,   M.   S. 

Wharton,  Z.  F. 

White,  Miller,  Needham  &  Harber. 

White,  Clinton  L. 

SALINAS,  Monterey  Co.— 
Alexander  &  Alexander. 
Andresen  &  Sargent. 
Andresen,  J.  A. 
Bardin,  J.  A. 
Browne,  Maxwell. 
Coan,  J.  W. 
Daugherty,  G.  A. 
Daugherty  &  Lacey. 
Feliz,  Fred  P. 
Fontes,  Frank. 
Lacey,  C.  F. 
Norris  &  Warth. 
Pence,  W.  M. 
Renison,  Thos. 
Rosendale,  C.  B. 
Sargent,  B.  V. 
White,  W.  S. 
Zabala,  P.  E. 

SAN  ANDREAS,  Calaveras  Co.— 
Dower,  Will  A. 
Hancock,  John. 
McSorley,  A.  I.,  Supr.  Judge. 
Reed,  L  H. 
Snyder  &  Snyder. 
Solinsky,  F.  J. 
Wehe,  F.  R. 

SAN  ANSELMO,  Marin  Co.— 
Goddard,  E.  N. 

SAN    BERNARDINO,    San    Bernardino 
Co.— 
Allison,  C.  L. 
Barnes,  J.  W. 
Bates  &  Hodge. 
Bledsoe,  Benj.,   Supr.  Judge. 
Bledsoe,  R.  E. 
Brown,  John  Jr. 
Campbell,  Jno.  L. 
83 


SAN    BERNARDINO,  San  Bernardino 
Co. — Continued. 
Chase,  Herbert  H. 
Curtis  &  McNabb. 
Curtis,  J.  W. 
DaJey   &   Byrne. 
Daley,  F.  E. 
Duckworth,  T.  W. 
Frugillo,  Albert  D. 
Goodcell,  R.  B.,  Dist.  Atty. 
Good^ell  &  Waters. 
Goodcell.  H.  Jr. 
Hartzel,  Walter  J. 
Haskell,  C.  C. 
Hellyer,  Geo.  W. 
Johnson,  Geo.  H. 
Katz,  E. 
Leonard  &  Butt. 
Leonard,  J.  A. 
McHargue,  Robt.  M. 
Mack,  J.  L. 
Marks,  C.  H. 
Oster,  F.  F.,  Supr.  Judge. 
Pittman,   S.  M. 
Stephenson,  J.  W. 
Swing,  R, 
Willis  &  Gutherie. 
Willis,  H.  M. 

SAN  DIEGO,  San  Diego  Co.— 
Amos,  A. 
Andrews,  C.  N. 
Andrews,  Percy. 
Andrews,  W.  R. 

Bancroft,  G. 
Barnes,  Alexander  J. 
Baxter,  W.  L. 
Binnard,  M. 
Boone,  L.  L. 
Bowman,  A.  B. 
Briggs  &  Seavey. 
Brumbaek,  A.  M.  &  E.  B. 
Bryan,  Solon,  J.  P. 
Burch,  Charles  E. 
Burkhart,  Y.  C. 
Burr,  L.  L. 
Byrd,  C.  T. 
Capps,  E.  E. 
Carter,  Geo.  S. 
Casey,  P.  H. 
Chalk,  D.  D. 
Chambers,  C.  L. 
Chatterson,  J.  M. 
Clasen,  F.  J. 
Cleveland,   D. 
Coffield,  H.  B. 
Collier,  D.  C.  Jr. 
Comly,  H.   R. 
Conrad,  Grant. 
Connell,  Stephen. 
Cox,  Ezra. 


1314 


HILLYER'S   LEGAL   MANUAL. 


SAN     DIEGO,    San    Diego    Co.— Con- 
tinued. 
Crouch   &  Harris. 
Cushman,  W.  K. 

Dadmun,  L.  E. 
Daney,    Eugene. 
Daniel,  H.  B. 
Davin,   E.  L. 
Doolittle,  H.  E. 

Ecker,  W.  H.  C. 
Egermayer,  J.  H. 
Estep,  W.  G. 

Fisher,  G.  W. 
Fleming,  M.  H. 
Forward,  Chas.  H. 
Francis,  W.  H. 
Francis,  W.  W. 
French,  Arthur  T. 
French,  G.  K. 

Garfield,  G.  W. 
Ginder,   William   E. 
Glidden   &   Hotchkiss. 
Gray,  Gordon  L. 
Guinon,  M,  F. 
Guy,  W.  E.,  Supr.  Judge. 

Haines  &  Haines. 
Haines,  A. 

Hammack,  N,  S. 

Harris,  K.  M, 

Hendrick,  E.  W. 

Heskett,   F.   H. 

Hizar,  J.  C. 

Hodge,  Frank. 

Hoff,  G.  F. 

Hopkins,  H,  C,  Dep.  Dist.  Atty. 

Hubbell,  L.  E. 

Humphrey,  Wm, 

Ingle,  Gordon. 

Johns,  Wm.  H. 
Johnson,  Carl  Alex. 
Jordan,  A.  D, 

Keating,  J.  E. 
Kendall,  E.  I, 
Kew,  M. 
King,  J.  D. 
Kipp,  Sylvester. 
Kipp,  V.  S. 
Kirby,  L.  E. 
Kirby  &  Eeed. 
Kirk,  E.  E. 

Lacey,  Sherman. 
Lamme,  E.  H. 
Lamradid,  Thomas. 
Lannon,   Edw.   T. 
Lreovy    &    Leovy. 
Leovy,  Geo.  J. 


SAN     DIEGO,     San    Diego     Co.— Con- 
tinued. 
Lewis,  T.  L.,  Supr.  Judge. 
Lockwood,  E. 
Luce,  Sloane  &  Luce. 

McKes,  C.  W. 
McKee,  E.  D. 
Mahoney,  D.  V. 
Mannix,  John  B. 
Miller,  G.  L 
Mills  &  O'Farrell. 
Moody,  H.  L. 
Moore,  J.  H. 
Morganstern,  A.  J. 
Morrison,  Wm.  L. 
Mossholder,  Mark  P. 
Mossholder,  E.  P. 
Mossholder,   W.  J. 
Mouser,  A.  C. 
Mouser,  H.  S. 
Muir,  Orin  N. 

North,  S.  G. 

O'Farrell,  Fred. 
O'Keefe,  Jas.  E. 
O'Neal,  S.  D. 
Olmstead,  M.  L. 
Owers,  F.  W. 

Palmer,  H.  H. 
Palmer,  Tyndall. 
Peterson,  E.  W. 
Phillipi,  J.  B. 
Pickford,  E.  H. 
Pritchard,  Chas.  P. 
Puterbaugh,  J. 

Quirk,  James. 

Eamsdell,  C.  G. 

Eeed,  T. 

Eiall,  E. 

Eiley  &  Hubbell. 

Eippey,  C.  H. 

Eobbins,  Marcus  W. 

Eodgers,  T.  S. 

Eogers,  W.  J. 

Eoup,  C.  J. 

Eyan,  Thomas. 

Sackett,  S.  A. 

Sayre,  Hardy  F. 

Scheld,  H.  W. 

Schoonover,  Albert 

Schroeder,  Otto. 

Seavey,  E.  L. 

Selleck,  C.  G. 

Shea,  M. 

Shreve,  Dorn  &  Shreve. 

Sloane,  Harrison  G. 

Sloane,  W.  A. 

Smith,  E.  F. 


ATTORNEYS  AT  LAW. 


1315 


SAN     DIEGO,     San     Diego     Co.— Con- 
tinued. 
Smith,  Sam  F. 
Sorenson,  M. 
Soto,  J.  M. 
Sparks,  H.  H. 
Sparks,  Ray. 
Spriggs,  P. 
Stevens,  Fred. 
Stevens,  T. 
Summer,  C.  E. 
Swancara,  Frank. 
Sweet,  A.  H. 
Swope,  B.  F. 

Taylor,  D.  G. 
Thomas,  E.  L. 
Thompson,  Adam. 
Thorp,  M.  R. 
Titus,  H.  L. 
Titus,  Horton. 
Torrance,  E.  S. 
Torrance,  E.  Swift.      ' 
Tucker,  J.  Z. 

Utlev,  H.  S.,  Dist.  Atty. 
Utt,  L.  J. 

Valenzuela,  M.  R, 
Van  Winkle,  C.  H. 

Wadham  &  Cosgrove. 
Wadham,  Jas.  E. 
Walker,  C.  A. 
Ward  &  Ward. 
Ward,  J.  M. 
Ward,  M.   L. 
Watson,  Geo.  B. 
Weinberger,  J, 
Welch,  L.  D. 
Wheeler,  O.  W. 
White,  Guy  C. 
Wright  &  Winnek. 
Wright,  L.  A. 
Wright,  A.  F.  H. 
Wynn,  C.  H. 

Zastrom,  L,  H. 

SAN  FRANCISCO,  San  Francisco  Co.— 
Abbott,  Wm.   M.,   Holbrook  Bldg.; 

Sutter  3200. 
Ach,     Henry,     316      Balboa     Bldg.; 

Kearny  29. 
Acker,     N.     A.,     Foxcroft     Bldg.; 

Kearny   4289. 
Ackerman,     I.     C,     Humboldt     Bk. 

Bldg.,   Kearny  5859. 
Ackerman,  L,  S.,  Nevada  Bk.  Bldg.; 

Kearny  3825. 
Ackerman  &  Oppenheim,  Humb.  Bk. 

Bldg.;   Kearny  5859. 


SAN  FRANCISCO,  San  Francisco  Co.— 

Conttinued. 
Acton,     Wm.     B.,     Merchants     Ex. 

Bldg.;^  Sutter  2725. 
Adams,  'Annette   A.,   Monad.   Bldg.; 

Sutter  3388. 
Adams,  C.  A.,  Humboldt  Bk.  Bldg.; 

Douglas  275. 
Adams,  C.  F.,  Mills  Bldg.;  Douglas 

238. 
Adams,  E.  M.,  2777  Pine  St. 
Adams  &  Adams,  Humb.  Bk.  Bldg.; 

Douglas  275. 
Aikins,  Broute  M.,  Mills  Bldg. 
Ainsworth,  R.   T.,  Mills  Bldg.,   Sut- 
ter 1116. 
Aitken  &  Aitken,  Monadnock  Bldg.; 

Douglas   2522. 
Alexander,      Jewel,      Mills      Bldg.; 

Kearny   752. 
Alexander,     D.     E.,     Pacific    Bldg.; 

Douglas  1538. 
Alexander,  J.  E.,  Mills  Bldg.;  Sutter 

1140. 
Alexander      &      O'Donnell,      Pacific 

Bldg.;    Douglas  1538. 
Allan,  Thos.  A.,  Alaska  Coml.  Bldg.; 

Sutter  2360. 
Allen,   H.   C,   Mills  Bldg.;    Douglas 

4188. 
Allen,     E.     O.,     Monadnock    Bldg.; 

Kearny   2191. 
Allen,  W.  W.  Jr.,  Humb.  Bk.  Bldg.; 

Douglas  1110. 
Ailing,  Horatio,  Mills  Bldg.;  Sutter 

2054. 
Ames,   B.   F.,  251   Kearny;   Douglas 

2430. 
Ames,   Fisher,  Pacific   Bldg.;    Doug- 
las 2780. 
Ames    &    Manning,    Pacific    Bldg. ; 

Douglas  2780. 
Andrews,     W.      S.,      Nevada     Bank 

Bldg.;  Douglas  715. 
Andros    &    Hengster,    Kohl    Bldg. ; 

Sutter  666. 
Anthony,  H.  M.,  Monadnock  Bldg.; 

Kearny   1676. 
Anthony,  Marc,  964  Market;  Frank- 
lin 827. 
Antonovich,   Wm.   G.,   604   Montgy. ; 

Douglas  1858. 
Appell,    Geo.,    Clunie    Bldg.;    Sutter 

2140. 
Armstrong,    C.    H.,    Phelan     Bldg.; 

Douglas   1827. 
Armstrong,  R.  M.  J.,  250  Montgom- 
ery;  Sutter  1250. 
Asher,   H.   K.,   French   Bank   Bldg.; 

Kearny  3405. 


1316 


HILLYER^S  LEGAL   MANUAL. 


SAN  FKANCISCO,  San  Francisco  Co.— 

Oonitinued. 
Asher,       Meyerstein       &       McNutt, 

French  Bank  Blclg.;  Kearny  3405. 
Asher,  M.,  522  Lyon;  West  7321. 
Asher,   M.   L.,   Merchants   Natl.   Bk. 

Bldg.;   Douglas   1787. 
Athearn,     F.     G.,     Balboa     Bldg.; 

Sutter  2713. 
Atwood,  C.  G.,  Mills  Bldg.;  Douglas 

1872. 
Austin,  F.  B.,  Flood  Bldg.;  Kearny 

3160. 
Aydelotte,   Wm.    M.,    Hearst   Bldg.; 

Sutter  640. 

Bacigalupi,    Jas.    A.,    Bk.    of    Italy 

Bldg.;    Douglas   3470. 
Bacigalupi  &  Elkins,    Bk.    of    Italy 

Bldg.;    Sutter  1321. 
Bacigalupi  &      Elkins,  Bk.  of  Italy 

Bldg.,  Sutter  1321. 
Bacon,    W.    E.,    Call  Bldg.;    Sutter 

1443. 
Badt,    Milton    B.,    Chronicle  Bldg.; 

Kearny  3340. 
Baer,    Chas.,    Pacific    Bldg.;    Sutter 

914. 
Bahrs,  G.  H.,  Humboldt  Bk.  Bldg.; 

Kearny  4670. 
Baldwin,  A.  E.,  Mills  Bldg.;   Sutter 

1651. 
Baldwin,  Lloyd,  Mills  Bldg.;   Doug- 
las 799. 
Ball,    A.    E.,    Mills    Bldg.;    Douglas 

1339. 
Ball,    Byron,    Pacific    Bldg.;    Sutter 

530. 
Ballantine,  J.  A.,  Monadnock  Bldg.; 

Kearny  621. 
Bancroft,  Philip,  Monadnock  Bldg.; 

Kearny   972. 
Bar   Assn.,   Pacific    Bldg.;    Douglas 

1536. 
Baraty,     G.     L.,     Humboldt     Bank 

Bldg.;    Douglas   1321. 
Barber,  O.   T.,  Merchants  Natl.  Bk. 

Bldg.;    Sutter    5010. 
Barendt,  A.  H.,  Mills  Bldg.;   Doug- 
las 1838. 
Barkley,  G.  S.,  Hewes  Bldg.;   Sutter 

2338. 
Barnard,  Archibald,  Merchants  Natl. 

Bk.  Bldg.;   Kearny  97. 
Barnett,   A.   T.,   City   Hall;    Market 

3201. 
Barnett,     John     F.,     Mills     Bldg, 

Kearny   4067. 
Barrett,  E.  T.,  Humboldt  Bk.  Bldg 

Douglas  5983. 
Barrett,     John     J.,     Flood     Bldg 

Kearny  2960. 


SAN  FEANCISCO,  San  Francisco  Co.— 

Continued. 
Barrett,     E.     W.,     Humboldt     Bk. 

Bldg.;   Kearny  5861. 
Barrett    &    Thomas,    Humboldt     Bk. 

Bldg.;   Kearny  5861. 
Barrows  &  Barrows,  Mut.  Bk.  Bldg.; 

Kearny  3285. 
Barry,  J.   E.,  NW.  Pine  &  Leides- 

dorff;    Kearny    4011. 
Bartlett,  Louis,  Call  Bldg. ;   Kearny 

5750.  ■ 
Bates,  Geo.  E.,  333   Kearny;    Sutter 

616. 
Bath,    E.    G.,    Mills    Bldg.;    Sutter 

2054. 
Bauer,  H.  A.,  Merchants  Ex.  Bldg.; 

Sutter  2626. 
Baum,    A.    E.,    Mills   Bldg.;    Sutter 

1768. 
Baumberger,    E.    J.,    Pacific  Bldg.; 

Douglas  1857. 
Bayne,      Eichard,      Crocker      Bldg., 

Kearny   4056. 
Beach,    H.    C,    Standard    Oil    Bldg., 

Kearny  102. 
Beatty,  H.  N.,  Mills  Bldg.;  Douglas 

1339. 
Becsey,  Eoland,   Call  Bldg.;   Kearny 

4207. 
Bedford,   W.    W.,   Mechanics   Bldg.; 

Douglas  3493. 
Beedy,     Louis     S.,      Alaska     Coml. 

Bldg.;   Kearny  3945. 
Belcher,  E.  A.,  Union  League  Club; 

Douglas  4540. 
Bell,  F.  v.,  Mills  Bldg.;    Sutter  46. 
Bell,    Geo.    L.,    Kohl    Bldg.;    Sutter 

666. 
Bell,  Golden  W.,  Kohl  Bldg. ;  Sutter 

666. 
Bell,       Theodore,      Crocker      Bldg.; 

Douglas  259. 
Bellew,   E.   E.,   Call  Bldg.;    Douglas 

4913. 
Benham,     G.     B.,     Hearst     Bldg. 

Kearny  3485. 
Benjamin,     P.    ,L.,     Pacific     Bldg. 

Douglas  602. 
Bennett,  J.  E.,  Humboldt  Bk.  Bldg. 

Douglas  3097. 
Berretta,     J.     W.,     Humboldt     Bk 

Bldg.;   Sutter  1056. 
Bergerot,  P.  A.,  French  Bk.  Bldg 

Kearny  1978. 
Bergin,    T.    L,   2012  Jackson;    Fill- 
more 3345. 
Berry,  F.  L.,  Hall  of  Justice;   Mar- 
ket 3201. 
Berry,  Olin  M.,  Merchants  Natl.  Bk. 

Bldg;    Kearny    2734. 


ATTORNEYS   AT  LAW. 


1317 


SAN  FEANCJSCO,  San  Francisco  Co.— 

Conitinued. 
Bianchi,    A.    B.,    Monadnock    Blrlg.; 

Douglas  2522. 
Bianchi,     Jr.,     Eugene,     Mechanics 

Inst.  Bldg.;   Kearny  4543. 
Biddle,    J.    H.,   Mills   Bldg.;    Sutter 

1140. 
Bien,    Jos.    E.,    209    Post:    Kearny 

2000.  ^ 

Bien  &  Jackson,  209  Post;    Kearny 

2000.  ^ 

Birnbaum,     Milton,     273     Valencia; 

Market  10. 
Bishop,  Tyndall,  311  California. 
Black,   A.  P.,  Mechanics  Bank  Bldg. ; 

Sutter  750. 
Blake,  J.   M.,  Mills  Bldg.;   Douglas 

5990.  ^ 

Blakeman,  T.  Z.,  420  Phelan  Bldg.; 

Kearny  4311. 
Blanchard,    M.    S.,    Foxcroft   Bldg.; 

Douglas  1794. 
Bledsoe,  A.  J.,  Merchants  Natl.  Bk. 

Bldg.;  Douglas  3077. 
Block,  Benj.,  Foxcroft  Bldg.;  Doug- 
las 4996. 
Bloom,  S.,  Foxcroft  Bldg.;   Douglas 

745. 
Blum,    Max,    255    California;    Doug- 
las 950. 
Bluxome,  Jos.  F.,  Nevada  Bk.  Bldg. 

Kearny   833. 
Boalt,  G.  D.,  1st  Natl.  Bank  Bldg. 

Sutter  1036. 
Boardman,    L.    P.,     Crocker  Bldg. 

Kearny  5548. 
Bogue,     Samuel     R.,     Mills     Bldg. 

Douglas  5289. 
Boland,  F.  E.,  Sharon  Bldg.;  Sutter 

4600. 
Bolton,      A.      E.,      Crocker     Bldg. 

Kearny  2487. 
Booth,    Wm.     F.,    Foxcroft    Bldg. 

Kearny  4289. 
Borland,   Robt.  H.,  Cal.-Pac.  Bldg. 

Sutter  3144. 
Bosley,  W.  B.,  445  Sutter;  Franklin 

140. 
Botts,   E.   J.,  Humboldt   Bk.   Bldg. 

Douglas  1110. 
Bourdette,      J.      W.,      Call      Bldg. 

Kearny  4630. 
Bourdette    &     James,     Call     Bldg. 

Kearny  4630. 
Bowie,    J.    F.,    Nevada    Bk.    Bldg. 

Douglas    715. 
Boyer,     J.     H.,    Merch.     Natl.    Bk 

Bldg.;  Douglas  832. 
Boynton,  A.  E.,  Alaska  Coml.  Bldg 

Sutter  2345. 


SAN  FRANCISCO,  San  Francisco  Co.— 

■Conitinued. 
Boynton,  C.  C,  Mills  Bldg.;  Kearny 

4399. 
Brady,  F.  E.,  Mills  Bldg.;   Douglas 

1707. 
Branagan,  A.  J.,  Underwood  Bldg. 

Kearny  3154. 
Brand,  Arthur,  Pacific  Bldg.;  Doug 

las   3544. 
Brandenstein,    H.    U.,    Mills    Bldg. 

Kearny   5758. 
Brandon,      F.     D.,     Hewes     Bldg. 

Douglas  4896. 
Brandt,     I.     B.     L.,     Mills     Bldg. 

Douglas  1804. 
Brann,    W.    S.,    Monadnock   Bldg. 

Kearny   5290. 
Bray,  A.  F.  Jr.,  Nevada  Bk.  Bldg. 

Kearny  833. 
Breen,     P.     A.,     Chronicle     Bldg. 

Kearny  3282. 
Breen    &    Kelly,    Humboldt    Bldg. 

Kearny  5740. 
Breeze,  T.  H.,  Mills  Bldg.;  Douglas 

5289. 
Brennan     &     Lane,     Kohl     Bldg.; 

Kearny  783. 
Breslauer,    T.    L.,    Humboldt    Bk. 

Bldg.;   Sutter  2654. 
Bride,    John   R.,  Merch.    Natl.   Bk. 

Bldg.;    Kearny   5126. 
Bridgford,     E.     A.,     Clunie     Bldg.; 

Douglas,   4014. 
Briggs,   H.   F.,   Mills  Bldg.;    Sutter 

1555. 
Brittain,    F.    S.,    Merch.    Natl.    Bk. 

Bldg.;    Kearny   1221. 
Brobeck,  W.  I.,  Crocker  Bldg.;  Sut- 
ter 666. 
Brodsky,  H.  J.,  91  Drumm;  Kearny 

4350. 
Brookman,     Douglas,    Coml.     Bldg.; 

Sutter  2544. 
Brown,  A.  J.,  Foxcroft  Bldg.;  Sut- 
ter 2544. 
Brown,     Chas.    L.,    Pacific     Bldg.; 

Sutter  914. 
Brown,  F.  D.,  Humboldt  Bk.  Bldg; 

Kearny  5861. 
Brown,    I.    I.,    Nevada    Bk.     Bldg.; 

Douglas  346. 
Brown  &  Baer,  Pacific  Bldg.;    Sut- 
ter   914. 
Brownstone,  L.  H.,  Chronicle  Bldg.; 

Kearny  3340. 
Brun  &  Fairchild,  French  Bk.  Bldg. ; 

Douglas  3287. 
Brune,     E.     L.,     Chronicle     Bldg.; 

Kearny  3876. 
Bryan,   W.     H.,    Monadnock   Bldg.; 

Kearny  2487. 


1318 


HILLYER'S   LEGAL    MANUAL. 


SAN  FBANCISCO,  San  Francisco  Co.— 

Oonrtinued. 
Back,   F.   H.   Jr.,   Chronicle   Bldg.; 

Sutter  931. 
Bufford,  C.  M.,  Call  Bldg.;  Douglas 

4232. 
Bull,  F.  P.,  Pacific   Bldg.;   Douglas 

2623. 
Bunker,     W.     B.,     Crocker     Bldg. ; 

Douglas  1668. 
Burbank,     D.     W.,     1st     Natl.     Bk. 

Bldg.;  Sutter  345. 
Burke,    Andrew   F.,     Flood     Bldg.; 

Kearny  3116. 
Burks,    L.    E.    Mills   Bldg.;    Kearny 

4067. 
Burnett,  J.  M.,  Humboldt  Bk.  Bldg.; 

Sutter  1056. 
Burnett,   Lester    G.,   Humboldt   Bk. 

Bldg.;    Douglas   5447. 
Burnett,     W.     S.,     Newhall     Bldg.; 

Kearny  2897. 
Burnett,      W.      W.,      Kohl      Bldg.; 

Kearny   783. 
Busch,    Geo.    H.,    Merch.    Natl.    Bk. 

Bldg.;    Sutter    2698. 
Bush,  Saml.  T.,  Monadnock    Bldg.; 

Douglas  2602. 
Byington,  L.  F.,  Call  Bldg.;  Douglas 

99. 
Byrne,    L.     D.,    Monadnock    Bldg.; 

Kearny  2008. 

Cadwalader,  B.  L.,  454  Montgomery 

St. 
Cahen,  Adolf,  Mills  Bldg.;   Douglas 

826. 
Cailleaud,  A.  A.,  Mills  Bldg.;  Sutter 

2311. 
Calahan,  C.  B.,  1112   Market;    Mar- 
ket 2993. 
Calden,    G.     C,     34    Ellis;     Kearny 

5410. 
Caminetti,    A.,    Jr.,    Alaska    Coml. 

Bldg. ;  Sutter  940. 
Campbell,     Archie,     Pacific     Bldg.; 

Sutter  2832. 
Campbell,    D.    Y.,    260    California; 

Kearny  2576. 
Campbell,  Ira  A.,  Merch.  Ex.  Bldg.; 

Kearny  2897. 
Campbell,  J.  C,  Mills  Bldg.;  Sutter 

1720. 
Cannon,    K.    W.,    Holbrook    Bldg.; 

Sutter    3200. 
Cannon,   Wm.    M.,    Holbrook   Bldg.; 

Sutter  3200. 
Cantrell,     E.    W.,     First     Natl.    Bk. 

Bldg.;    Sutter   2467. 
Carey,  M.  R.,  First  Natl.  Bk.  Bldg.; 

Douglas  530. 


SAN  FRANCISCO,  San  Francisco  Co.— 

Continued. 
Carne,  J.  E.,  3248  Mission;   Mission 

1328. 
Carr,      Sterling,      Holbrook      Bldg.; 

Douglas   511. 
Casey,      Hiram      E.,      French      Bk. 

Bldg. ;     Kearny    3405. 
Cashman,  W.   E.,  Royal  Ins.   Bldg.; 

Kearny  4557. 
Casserly,  J.  B.,  Pacific  Bldg.;  Doug- 
las 1311. 
Castelhun,     F.     J.,     Hewes     Bldg.; 

Douglas   1861. 
Cator,  T.  V.,  3908  23d  St.;  Mission 

3044. 
Caubu,  W.  P.,  Grant  Bldg.;   Market 

5737. 
Cavagnaro,  Jos.  F.,  604  Montgomery 

St.;  Douglas  1858. 
Cavitt,  W.  C,  Hearst  Bldg. ;   Sutter 

1764. 
Cerf,  Marcel  E.,  City  Hall;  Douglas 

1196. 
Chadbourne,  H,  F.,  Foxcroft  Bldg.; 

Kearny  988. 
Chamberlain,  W.   H.,   Pacific  Bldg.; 

Douglas  2638. 
Chapman,  E.  C,  Mills  Bldg.;  Doug- 
las 2924. 
Chapman,     I.     F.,     Balboa     Bldg.; 

Kearny  1555. 
Chapman,    W.    H.,    Foxcroft    Bldg; 

Kearny  3319. 
Chappel,  R.  N.,  Pacific  Bldg.;  Doug- 
las,  231. 
Chester,    T.    W.,    Merch.     Natl.    Bk. 

Bldg.;   Kearny  1221. 
Chickering,    A.    L.,    Merchants    Ex. 

Bldg.;    Kearny   2273. 
Chickering,    W.    H.,    Merchants  Ex. 

Bldg.;   Kearny  2273. 
Chickering     &     Gregory,     Merchants 

Exch.  Bldg.;   Kearny  2273. 
Chloupek,    E.    L.,    Chronicle   Bldg.; 

Kearny  3876. 
Choynski,      Herbert,      French      Bk. 

Bldg.;   Kearny  5879. 
Choynski,    M.    L.,    Merchants    Exch. 

Bldg.;   Kearny  3870. 
Chretien,     J.     M.,    Foxcroft    Bldg.; 

Kearny   3319. 
Christie,  Walter,  Call  Bldg.;  Kearny 

4658. 
Christin,  Charles  A.,  Foxcroft  Bldg. ; 

Kearny  988. 
Clark,  Geo.,  Mechanics  Bank  Bldg.; 

Sutter  750. 
Clark,    W.    P.,    Call    Bldg.;     Sutter 

428. 
Clarke,  F.  E.,  Mills  Bldg.;   Douglas 

3664. 


ATTORNEYS   AT  LAW. 


1319 


SAN  FEANCISCO,  San  Francisco  Co.— 
Continued. 
Clarke,     F.     M.,     Merch.    Natl.    Bk. 

Bldg.;    Douglas   3666. 
Clarke   &   Kinsey,   Merch.   Natl.   Bk. 

Bldg.;    Douglas  3666. 
Clausen,  E.  A.,  Humboldt  Bk.   Bldg. ; 

Douglas  5983. 
Clay,  W.  H.,  Pacific  Bldg.;   Douglas 

915. 
Clayberg  &  Whitmore,  Pacific  Bldg. ; 

Sutter  470. 
Cleary,       Frank,       Flood       Bldg.; 

Kearny  3160. 
Clute,  John  F.,  Royal  Ins.  Bldg. 
Cobb,  W.  H.,  Humboldt  Bk.  Bldg.; 

Sutter  1935. 
Cochrane,     J.     W.,     Hearst     Bldg.; 

Kearny  4645. 
Cofleey,  E.  J.,  Mills  Bldg.;    Douglas 

1625. 
Coffey,  J.  v.,  Mills  Bldg.;   Douglas 

1625.  S  ^  S 

Coghlan,   J.    P.,   445   Sutter;    Sutter 

140. 
Coghlan,    J.    J.,    Royal    Ins.    Bldg.; 

Kearny  4557. 
Colby,    W.    E.,    Mills    Bldg.;    Sutter 

1116. 
Colston,  J.  E.,  Pacific  Bldg. ;  Kearny 

3510. 
Colton,  A.  O.,  Mills  Bldg.;   Douglas 

1707. 
Colvin,  F.  M.,  Foxcroft  Bldg.;   Sut- 
ter   1798. 
Comte,  A.  Jr.,  333'  Kearny;  Douglas 

663. 
Conlan,    J.    G.,    City    Hall;    Market 

3201. 
Conlin,  E.  F.,  Mills  Bldg.;  Douglas 

191. 
Conlin,  Henry,  Pacific  Bldg.;   Doug- 
las 2638. 
Conly,  W.  H.,  251  Kearny;   Kearny 

5547. 
Connolly,  G.  A.,  Mills  Bldg.;   Doug- 
las 1350. 
Coogan,  A.  J.,  Merchants  Ex.  Bldg.; 

Kearny   3870. 
Coogan,  T.  C,  Merchants  Ex.  Bldg. 

Kearny  3870. 
Cook,      Carroll,      Chronicle      Bldg. 

Douglas  90. 
Cook,  Finlay,  Cal.-Pac.  Bldg.;  Doug- 
las 523. 
Cook,    Norman    D.,    Pacific    Bldg. 

Kearny  5966. 
Cook,     Wm.    H.,    Chronicle    Bldg.; 

Douglas  90. 
Cooley,  A.  E.,  1st  Natl.  Bk.  Bldg. 
Sutter  345. 


SAN  FRANCISCO,  San  Francisco  Co.— 

Continued. 
Coonan,    C,    Merchants    Natl.     Bk. 

Bldg.;   Douglas  520. 
Cooper,     E.     T.,     Crocker     Bldg.; 

Kearny  3918. 
Cooper,  J.  A.,  Mills  Bldg.;  Kearny 

4950. 
Corbet,     Burke,     Ist     Natl.     Bank 

Bldg.;  Kearny  2875. 
Corbet     &     Selby,     Ist     Natl.     Bk. 

Bldg.;  Kearny  2875. 
Cormac,    T.    E.    K.,    268    Market 

Kearny  4590. 
Cornish,   F.   V.,   Underwood    Bldg. 

Kearny  3154. 
Corson,     H.     L.,     Foxcroft     Bldg. 

Douglas  3574. 
Cosby,     Geo.     F.,     Pacific*     Bldg. 

Douglas  5405. 
Cosgrave,    Dave,    Merch.    Natl.    Bk 

Bldg.;    Sutter   251. 
Costello,     F.      A.,     Phelan     Bldg.: 

Kearny  556. 
Costello,     S.     v.,     Phelan     Bldg. 

Kearny   556. 
Costello   &  Costello,  Phelan   Bldg. 

Kearny   556. 
Cothran,      E.      E.,      Russ      Bldg. 

Douglas  5188. 
Cotton,  A.  R.,  Kohl  Bldg.;  Kearny 

783. 
Countryman,    R.    H.,    Mills    Bldg.; 

Sutter  508. 
Courneen,      Peter     F.,     Mechanics 

Bldg.;  Douglas  3493. 
Cousins,     W.     G.,     Phelan     Bldg.; 

Douglas  4330. 
Cowdery,      J.      F.,      Kohl      Bldg.; 

Kearny  1778. 
Crabbe,  J.  H.,  Pacific   Bldg. 
Craig,     Chas.     F.,     Humboldt     Bk. 

Bldg.;    Sutter  2040. 
Craig,     J.     Early,     Clunie     Bldg.; 

Kearny  715. 
Crane,  A.,  Muirhead  Bldg.;   Kearny 

615. 
Crawford,     F.     W.,     Popular     Bk. 

Bldg.;  Douglas  4392. 
Creed,      W.      E.,      Balboa      Bldg.; 

Kearny   738. 
Creighton,     C.     E.     A.,     New     City 

Hall,   Market  3201. 
Creswell,  H.  T.,  209  Post;   Kearny 

1414. 
Crist,      Wiley      F.,      Russ      Bldg. 

Kearny   1261. 
Crittenden,     J.     L.,     Mills     Bldg. 

Douglas  5990. 
Crittenden,    W.    C,    Clunie    Bldg. 
Kearnv  617. 


1320 


HILLYER'S  LEGAL   MANUAL. 


SAN  FKANCISCO,  San  Francisco  Co — 

Continued. 
Crook,    A.    H.,    Merch.    Natl.    Bk. 

Bldg.;  Douglas  4757. 
Cross,      C.      W.,      Balboa      Bldg.; 

Kearny  4774. 
Cross,   E.   H.,  Mills  Bldg.;   Kearny 

4310. 
Cross  &  Newburgh,  Balboa  Bldg.; 

Kearny  4774. 
Crothers      &      Crothers,      Chronicle 

Bldg.;   Kearny  25. 
Crowley,    T.    J.,    Chronicle    Bldg.; 

Kearny   1706. 
Cruzan,   Harold  Ide,   Call  Bldg. 
Cullinan   &   Hickey,  Phelan  Bldg.; 

Sutter  92t). 
Cunha,  E.  A.,  Kohl  Bldg. 
Curley,     Jos.     T.,     Pacific     Bldg.; 

Douglas  3481. 
Curran,   T.   E.,   Mills   Bldg.;    Doug- 
las 1339. 
Curtin,    D.    A.,    Monadnock    Bldg.; 

Kearny  2538. 
Cushing   &  Cushing,   1st   Natl.   Bk. 

Bldg.;  Kearny  1836. 
Cutler,      F.      A.,      Crocker      Bldg.; 

Kearny  4031. 
Cutten,   Chas.  P.,  445   Sutter;    Sut- 
ter 140. 

Daggett,  A.  K.,  Nevada  Bk.  Bldg.; 

Douglas  40. 
Dailey,    John    J.,    Cal.-Pac.    Bldg.; 

Sutter  551. 
Dall,  C.  G.,  Balboa  Bldg.;   Kearny 

738. 
Dam,    C.    L.,    Clunie   Bldg.;    Sutter 

2140. 
Dam,  F.  H.,  Pacific  Bldg.;  Douglas 

1223. 
D'Ancona,  A.   D.,   City  Hall;   Mar- 
ket 1612. 
Daniels,     J.     R.,     Foxcroft     Bldg. 

Kearny  3227. 
Daniels,   R.    P.,   Monadnock   Bldg. 

Kearny  3596. 

Dannenbaum,   A.   J.,   Pacific   Bldg. 

Kearny    2817. 
Davidson,     T.     D.,     Flood     Bldg. 

Kearny  3116. 
Davidson,    W.    W.,    1028    Market 

Market   5267. 
Davies,     W.     E.,     Mechanics     Inst. 

Bldg.;   Kearny  4742. 
Davis,  E.  B.,  200  Bush  St. 
Davis,       Geo.      M.,     Mills     Bldg.; 

Kearny  2692. 
Davis,    H.    H.,    Monadnock    Bldg.; 

Douglas   1434. 


SAN  FRANCISCO,  San  Francisco  Co.— 

Continued. 
Davis,     John     F.,     Humboldt     Bk. 

Bldg.;  Douglas  3865. 
Davis,   M.    M.,    City   Hall;    Market 

340. 
Deahl,   J.   L.,   Kohl   Bldg.;    Kearny 

4678. 
Deal,  W.  E.  F.,  Mills  Bldg.;  Doug- 
las   1829. 
Deal,   W.   G.,  Mills  Bldg.;    Douglas 

1829. 
Deasy,     D.     C,    Hall     of    Justice; 

Douglas  1350. 
Deering,  F.  D.,  Nevada  Bk.  Bldg.; 

Kearny   1675. 
Deering,  J.  H.,  City  Hall;  Market 

3201. 
Deirup,   J.   A.,  Russ  Bldg.;    Kearny 

1261. 
De   Forest,   J.    G.,   Foxcroft   Bldg.; 

Kearny  4451. 
De     Journel,     F.,     Phelan     Bldg.; 

Douglas    3481. 
De    Laveaga,    J.    V.,    Mills    Bldg.; 

Douglas  4188. 
De  Laveaga  &  Magee,  Mills  Bldg.; 

Douglas    4188. 
De    Martini,    W.    J.,    Mills    Bldg.; 

Sutter  429. 
Denicke,  F.  A.,  Nevada  Bk.  Bldg.; 

Kearny   833. 
Denman,      Wm.,      Merchants      Ex. 

Bldg.;    Sutter    3725. 
Denson,    H.     B.,     First    Natl.    Bk. 

Bldg.;   Sutter   345. 
Denson,     S.     C,     First     Natl.     Bk. 

Bldg.;    Sutter   345. 
Denson,    Cooley     &     Denson,    First 

National  Bank;   Sutter  345. 
Derby,      S.      H.,      Merchants      Ex. 

Bldg.;   Kearny  3182. 
Derham,  Jos.,  Phelan  Bldg.;  Sutter 

920. 
Dernham,    Monte    A.,    Mills    Bldg.; 

Sutter   1555. 
Dessouslavy,     A.     P.,     French     Bk. 

Bldg.;  Kearny  1978. 
De  Vail,  A.  M.,  Mills  Bldg.;  Doug- 

las    5990 
Devlin,   R.   T.,   Mills   Bldg.;    Sutter 

2225. 
Devlin,    Devlin    &    Maddux,    Mills 

Bldg.;   Sutter  2225. 
Devoto,      Richardson      &      Devoto, 

Foxcroft    Bldg.;    Douglas    1140. 
Dibble,  Oliver,  Mills  Bldg.;   Kearny 

3819. 
Dibblee,     A.     J.,     Crocker     Bldg.; 

Kearny  3299. 


ATTORNEYS   AT   LAW. 


1321 


SAN  FRANCISCO,  San  Francisco  Co.— 

Continued. 
Didion,     Geo.     N.,     Pacific     Bldg. 

Douglas   1857. 
Dimmer,     J.,     Monadnock     Bldg. 

Kearny  4014. 
Dinkelspiel,  H.   G.   W.,  Call  Bldg. 

Kearny  4173. 
Diviny,      T.      M.,      244      Kearny 

Kearny  734. 

Dobbins,     B.     W.,     Pacific     Bldg. 

Douglas   1538. 
Dolan,    J.    J.,    Mutual    Bk.    Bldg. 

Kearny  3192. 
Dorn,  C.  D.,  Phelan  Bldg.:  Kearny 

1995. 
Dorn,  F.  A.,  Phelan  Bldg.;  Kearny 

1995. 
Dorn,  N.  A.,  Phelan  Bldg.;  Kearny 

1995. 
Dorn,   W.   E.,   Hearst   Bldg.;   Doug- 
las  1719. 
Dorn,      Winfield,      Merchants      Ex. 

Bldg.;    Kearny   2273. 
Dorn  &  Dorn  &  Savage,  Humboldt 

Bank  Bldg.;   Kearny  5861. 
Dorsey,    J.    W.,    Royal    Ins.    Bldg.; 

Kearny  4557. 
Dorsey   "&     Henderson,     201     San- 
some;    Kearny   4557. 
Doud,  Wm.  E.,  306  Bush;   Douglas 

3691. 
Dougherty,   Geo.   J.,   Phelan   Bldg.; 

Kearny  5768. 
Douglas,    C.    N.,    20    Montgomery; 

Douglas   5740. 
Douglass,     L.     B.,     Pacific     Bldg.; 

Douglas  1538. 
Dow,   W.   A.,   Mills  Bldg.;   Douglas 

2595.  «>  S 

Downing,     W.      S.,      Mills     Bldg.; 

Kearny  1266. 
Dozier,    Thos.    B.,     1st    Natl.    Bk. 

Bldg.;   Kearny  1691. 
Draper,   T.   F.,   Nevada   Bk.   Bldg.; 

Kearny  713. 
Dreher,  F.   L.,  Bk.  of  Italy  Bldg.; 

Douglas  2746. 
Drew,  F.   C,   Balboa   Bldg.;    Doug- 
las 2746. 
Drown,    W.    N.,     Cal.-.Pac.    Bldg.; 

Kearny  1435. 
Drown,    Leicester    &    Drown,    Cal.- 

Pae.  Bldg.;   Kearny  1435. 
Drum,   J.   S.,   S.   F.   Savings  Union 

Bldg.;  Kearny  4990. 
Duane,      W.      H.,      HeaY-st      Bldg.; 

Sutter  2869. 
Duffy,  D.  M.,  Mills  Bldg.;  Douglas 

763. 


SAN  FRANCISCO,  San  Francisco  Co.— 
Continued. 

Duke,   R.   D.,  Millg  Bldg.;   Douglas 
1700. 

Dunand,     L.     F.,    Foxcroft     Bldg,; 
Kearny  3319. 

Dunkley,     L.     P.,     Hearst     Bldg.; 
Sutter  2271. 

Dunlap,    Boutwell,    1st    Natl.    Bk. 
Bldg.;   Kearny  2369. 

Dunn,  Francis,  Mills  Bldg.;   Doug- 
las 1339. 

Dunn,    T.    F.,    Grant    Bldg.;    Mar- 
ket 434. 

Dunne,    Hon.   F.   H.,    1907   Leaven- 
worth. 

Dunne,  J.  J,,  Mills  Bldg.;   Douglas 
3664. 

Dunne,   P.  F.,   Crocker  Bldg.;   Sut- 
ter 666. 

Du     Py,    Octave     G.,    Merch.    Ex. 
Bldg.;   Kearnv   1480. 

Durbrow,     C.     W.,     Flood     Bldg.; 
Kearny  3160. 

Duryea,  F.  A.,  444  Market;  Doug- 
las 2367. 

Dwyer,  J.  J.,  Hearst  Bldg.;   Doug- 
las 422. 

Earl,  G.  C,  233  Post;   Sutter  3400. 
Eastin,  C.  W.,  Pacific  Bldg.;  Doug- 
las 3153. 
Eckhoff   Wm.   T.,   20  Montgomery; 

Douglas  5740. 
Eells,  C.  P.,  343  Sansome;  Kearny 

5713. 
Eells,  H.  K.,  Crocker  Bldg.;  Kearny 

3918. 
Egan,  G.  C.  W.,  Nevada  Bk.  Bldg.; 

Sutter  422. 
Ehrman,  S.  M.,  Nevada  Bk.    Bldg.; 

Kearny  941. 
Eickhoff,  Henry,  Mills  Bldg.;   Sut- 
ter 1116. 
Eisner,   M.   S.,  Russ  Bldg.;    Kearny 

3249. 
Eisner,     N.     A.,     Crocker     Bldg.; 

Kearny  433"0. 
Elkins,    Luther,    Merch.    Natl.    Bk. 

Bldg.;   Douglas  520. 
Elkus,  De  Y.,  Bank  of  Italy  Bldg.; 

Sutter  1321. 
Elliot.    A.     H.,    34    Ellis;     Kearny 

5410. 
Elsworth,      Oliver,      Mills      Bldg.; 

Douglas  3579. 
English,    J.    F.,    New    City    Hall; 

Market  3201. 
Epsteen,    E.    M.,    Chronicle    Bldg.; 
Douglas  902. 


1322 


hillyer's  legal  manual. 


SAN  FRANCISCO,  San  Frauciseo  Co.— 
Continued. 

Erksine,  H.  W.,  Humboldt  Bk. 
Bldg.;   Kearny  673. 

Evans,  Perry,  Mills  Bldg.;  Doug- 
las 5289. 

Eversole,  K.  C,  Mills  Bldg.;  Sut- 
ter 2835. 

Ey,  Frank  F.,  Pacific  Bldg.;  Sut- 
ter 530. 

Fairall,  C.  H.,  Balboa  Bldg.;  Doug- 
las 737. 
Fairchild,  J.  A.,  French  Bk.  Bldg. 

Douglas  3287. 
Fallon,     J.     P.,     Foxcroft     Bldg. 

Kearny  4089. 
Fallon,     F.     J.,     Hotel     Arlington 

Larkin  3800. 
Farry,    Jos.,    Kohl    Bldg.;    Douglas 

247. 
Feehan,     J.      B.,      Humboldt      Bk. 

Bldg.;    Sutter   1056. 
Fenton,  F.  L.,   Mills  Bldg.;    Sutter 

2311. 
Fenton,    J.    E.,    Call    Bldg.;    Sutter 

1846. 
Ferrari,    Louis,    Mech.    Bk.    Bldg.; 

Douglas  3379. 
Ferrell,    G.    D.,    Merch.    Natl.    Bk. 

Bldg.;   Douglas  4757. 
Fickert,      C.      M.,      Kohl      Bldg.; 

Kearny  783. 
Fillippini,    J.    V.    B.,    French    Bk. 

Bldg.;    Kearny   3405. 
Finch,    Fabius    T.,    Hearst    Bldg.; 

Douglas   5676. 
Finch    &    Melsted,    Hearst    Bldg.; 

Douglas  5676. 
Fink,  Albert,  Mills  Bldg.;   Douglas 

246. 
Fink  &  White,  Mills  Bldg.;   Doug- 
las 346. 
Finnell,    Bush,    Mills     Bldg.;     Sut- 
ter 1584. 
Firby,      Thos.      W.,      Mills      Bldg.; 

Douglas  2684. 
Firebaugh,  C.  L.,  Flood  Bldg.;  Sut- 

ter  590 
Fitch,      Wm.      C,      Flood      Bldg.; 

Kearny  3160. 
Fitzmaurice     M.     O.,     Mills     Bldg.; 

Kearny   3094. 
Fitzpatrick      &      Greeley,      Chron. 

Bldg.;    Kearny   38-06. 
Flannery,  J.  C,  Mills  Bldg.;  Doug- 
las 191. 
Fleming,    John    T.,    Humboldt    Bk. 

Bldg.;   Kearny  5859. 
Foley,     A.     B.,      Chronicle     Bldg:; 

Kearny  1949. 


SAN  FRANCISCO,  San  Francisco  Co.— 

Con-tinued. 
Foley    &    Olivier,    Chronicle    Bldg.; 

Kearny   1949. 
Foley,    E.    A.,    Merch.    Natl.    Bk. 

Bldg.;  Kearny  5126. 
Ford,      Geo.      K.,      Balboa      Bldg.; 

Kearny   1555. 
Ford,    Tirey    L.,    Holbrook    Bldg.; 

Kearny  2928. 
Forestell,     Lewis    P.,     Call     Bldg.; 

Sutter  428. 
Forster,   E.   L.,   Mills  Bldg.;   Doug- 
las  294. 
Forsyth,       Thos.       W.,       Chronicle 

Bldg.;  Kearny  3716. 
Foulds,  E.  J.,  Flood  Bldg.;   Kearny 

3160. 
Fourtner,   A.   L.,   Mechanics   Bldg.; 

Douglas  3379. 
Fox,   F.   St.  J.,   Grant   Bldg.;    Mar- 
ket 5835. 
Frank,  I.  H.,  Merchants  Ex.  Bldg.; 

Kearny  4421. 
Frank,      N.      H.,      Merchants      Ex. 

Bldg.;    Kearny  4421. 
Eraser,  L.  K.,  Pacific  Bldg.;   Doug- 
las 2267. 
Fratessa,    Paul    P.,    Hearst    Bldg.; 

Douglas   5676. 
Freidenrich,  D.,  Italian- Am.  Bldg.; 

Douglas   1614. 
Fritz,    A.    J.,    Call    Bldg.;    Douglas 

99. 
Prohman,    I.,    Kohl    Bldg.;    Kearny 

3916. 
Frohman    &    Jacobs,    Kohl    Bldg.; 

Kearny  3916. 
Frost,     C.      A.     S.,     Mills     Bldg.; 

Kearny   1745. 
Fuhrman,     A.,     710     Hayes;     Park 

500. 

Gadsby,     F.      L.,     Balboa     Bldg.; 

Kearny  29. 
Gale,  C.  P.,  Balboa  Bldg.;   Kearny 

2928. 
Galvin,      Stephen,     Phelan     Bldg.; 

Douglas   4330. 
Gardner,     C.     F.,     Pacific     Bldg.; 

Douglas  1538. 
Garland,     A.     H.,     Bank     of .  Italy 

Bldg.;  Douglas  3319. 
Gartlan,    Jas.,    Mutual    Bk.    Bldg.; 

Kearny    5992. 
Gartland,  J.  B.,  City  Hall;  Market 

505. 
Gaylord,   R.   B.,   Call   Bldg.;    Doug- 
las 4232. 
Gear,  H.  L.,  Hewes  Bldg.;  Kearny 

3077. 


ATTORNEYS   AT   LAW. 


1323 


SAN  FRANCISCO,  San  Francisco  Co.— 
Continued. 

Geary,  J.  L.  Jr.,  Mech.  Inst. 
Bldg.;    Kearny   4742. 

Geballe,  Harry,  Phelan  Bldg.;  Sut- 
ter   239. 

Geballe,  Oscar,  Phelan  Bldg.;  Sut- 
ter 239. 

Geballe  &  Geballe,  Phelan  Bldg.; 
Sutter  239. 

Gendotti,    J.    A.,    First    Natl.    Bk. 

Bldg.;  Kearny  2369. 
'      Gendotti  &  Houston,  1st  Natl.  Bk. 

Bldg.;    Kearny   2369. 
Getz,   M.   M.,   45   Kearny;    Douglas 

2964. 
Gherini,  A.,  Italian-Am.  Bk.   Bldg.; 

Douglas  1606. 
Gibbs,    S.    W.,    Monadnock    Bldg.; 

Sutter  90. 
Gibson,     Wm.     M.,    Phelan     Bldg.; 

Douglas   3191. 
Gillett,    J.    N.,    Underwood    Bldg.; 

Kearny  4031. 
Gillett  &  Cutler,  Underwood  Bldg.; 

Kearny  4031. 
Gillis,   K.  €.,   Alaska   Coml.   Bldg.; 

Kearny    3945. 
Gillogley,  R.  W.,  Humb.  Bk.  Bldg.; 

Kearny  5936. 
Gish,   J.   D.,   Humboldt   Bk.    Bldg.; 

Douglas  971. 
Gleason,    W.    J.,    Foxcroft    Bldg.; 

Douglas  1989. 
Glensor,     H.     W.,     Merchants     Ex 

Bldg.;  Kearny  3182. 
Goble,      F.      J.,      Merchants     Inst. 

Bldg.;   Sutter  549. 
Gogarty,     H.     H.,     Standard     Oil 

Bldg.;    Kearny   102. 
Goldaracena,     O.     M.,     4     Columbus 

Ave.;   Douglas  4392. 
Golden,    F.    J.,    Merch.    Natl.    Bk. 

Bldg.;   Douglas   832. 
Golden,   I.   M.,   Mills   Bldg.;    Doug- 
las 5202. 
Goldman,    H.,    Mills    Bldg.;    Doug- 
las 2699. 
Goldman,  Richard  S.,  1st  Natl.  Bk. 

Bldg.;  Sutter  1066. 
Godell,   C.  J.,  Alaska   Coml.  Bldg.; 

Sutter  2360. 
Goodfellow,    Hugh,     343     Sansome; 

Kearny  5713. 
Goodfellow,    Eells    &    Orrick,    343 

Sansome;  Kearny  5713. 
Goodrich,     C.      S.,     Alaska      Coml. 

Bldg.;   Douglas  2742. 
Goold,    H.    S.,    Monadnock    Bldg.; 

Kearny  1676. 


SAN  FRANCISCO,  San  Francisco  Co.— 
Continued, 

Gorrill,  W.  H.,  First  Natl.  Bk. 
Bldg.;  Kearny  1836. 

Gould,  F.  H.,  Merch.  Natl.  Bk. 
Bldg.;  Kearny  4642. 

Gradwohl,  M.,  Pacific  Bldg.;  Doug- 
las  3859. 

Grady,  W.  D.,  Russ  Bldg.;  Douglas 
5252. 

Graham,  Hon.  Thos.,  2368  Vallejo. 

Grant,  Wm.,  Merch.  Natl.  Bk. 
Bldg.;  Kearny  4642. 

Grau,  Otto  K.,  Chronicle  Bldg.; 
Kearny  3876. 

Graupner,  A.  E.,  New  City  Hall; 
Market  3201. 

Graves,  W.  C,  Merch.  Natl.  Bk. 
Bldg.;  Kearny  1200. 

Gray,  Chas.  A.,  Mills  Bldg.; 
Kearny  4950. 

Gray,  R.  S.,  Crocker  Bldg.;  Sutter 
57. 

Greeley,  J.  J.,  Chronicle  Bldg.; 
Kearny  3806. 

Greeley,  Thos.  F.,  Chronicle  Bldg.; 
Kearny  3806. 

Green,  H.  L.,  Phelan  Bldg.;  Doug- 
las   4566. 

Green,  Humphreys  &  Green,  Hol- 
brook  Bldg.;  Sutter  367. 

Green,  K.  M.,  Holbrook  Bldg. ;  Sut- 
ter 367. 

Green,  Hon.  Milton  J.,  Holbrook 
Bldg.;  Sutter  367. 

Gregory,  T.  C,  Alaska  Coml.  Bldg.; 
Sutter  2360. 

Gregory,  Warren,  Merchants  Ex. 
Bldg.;  Kearny  2273. 

Griffin,  C.  P.,  Pacific  Bldg.;  Kearny 
4815. 

Griffin,  F.  A.,  Mills  Bldg.;  Doug- 
las 763. 

Griffin,  J.  D.,  Mills  Bldg.;  Sutter 
4779. 

Guilfoyle,  J.  J.  Jr.,  3547  21st  St. 

Gunther,  E.  W.,  Kohl  Bldg.; 
Kearny  5390. 

Gunzendorfer,  G.,  127  Montgom- 
ery;  Douglas  1333. 

Gutsch,  Gustav,  Holbrook  Bldg.; 
Kearny  3855. 

Haber,  Jos.  Jr.,  Flood  Bldg.;  Sut- 
ter  590 

Hadsell,  D.,  Foxcroft  Bldg.;  Sutter 
1525. 

Haines,  M.  L.,  Mills  Bldg.;  Doug- 
las 5349. 

Hall,  Frederick  W.,  Crocker  Bldg.; 
Kearny  3365. 


1324 


HILLYER'S  LEGAL   MANUAL. 


SAN  FRANCISCO,  San  Francisco  Co.— 

Oonitinued. 
Hall,    Gordon,    Mills    Bldg.;    Doug- 
las 246. 
Halsey,  Gerald  C,  Cal.-Pac.  Bldg. 

Sutter  3228. 
Hamilton,     W.     H.,     Mills     Bldg. 

Douglas  237. 
Hankins,     H.     J.,     Pacific     Bldg. 

Douglas  1225. 
Hankins,     S.     J.,     Pacific     Bldg. 

Douglas  1225. 
Hanley,  J.  M.,  Kohl  Bldg.;  Sutter 

242. 
Hanlon,    C.   F.,   504   Phelan   Bldg.; 

Douglas  4330. 
Hansen,  G.,  354  Pine;  Sutter  764. 
Hansen,  J.  H.,  Call  Bldg.;   Kearny 

4657. 
Hanson,  E.  J.,  Nevada  Bk.  Bldg.; 

Douglas  346. 
Harding  &  Monroe,  Cal.-Pac.  Bldg. ; 

Sutter  3144. 
Harloe,    J.    D.,    French    Bk.    Bldg.; 

Kearny    5879. 
Harper,    C.    K.,   Monadnock   Bldg.; 

Kearny  794. 
Harper,   J.   E.,   Hewes   Bldg.;    Sut- 
ter 4369. 
Harris,  A.  B.,  Royal  Bldg.;   Doug- 
las  1196. 
Harris,    I.,    Hearst    Bldg.;    Kearny 

233. 
Harris     &     Hees,     Hearst     Bldg. 

Kearny  233. 
Harrison,    E.    C,    Mechanics    Inst 
•     Bldg.;   Douglas   326. 
Harrison,  Maurice   E.,   Mech.  Inst 

Bldg.;  Douglas  326. 
Harrison,    Ralph    C,    Mills    Bldg. 

Douglas  799. 
Harrison,      Robt.,      Clunie      Bldg 

Kearny  669. 
Harrison,  Richard  C,  Mills  Bldg 

Douglas  799. 
Harrison,    Robt.    W.,    Humb.    Bk 

Bldg.;  Sutter  1935. 
Harron,   Howard,    Chronicle   Bldg 

Kearny  5259. 
Hart,   Henry  H.,   City  Hall;    Mar 

ket  3201. 
Hart,  W.  H.  H.,  Monadnock  Bldg. 

Sutter  1385. 
Harwood,    A.    J.,    14    Montgomery 

Douglas  523. 
Hassett,    M.     C,    Foxcroft    Bldg. 

Douglas  1989. 
Hatfield,  G.  J.,  Crocker  Bldg.;  Sut 

ter  666. 
Hathaway,     B.     F.,     Mills     Bldg. 

Douglas   3164. 


SAN  FRANCISCO,  San  Francisco  Co.— 

Continued. 
Hathorn,  Ralph  L.,  Foxcroft  Bldg. 

Douglas  1470. 
Hatton,  Geo.  F.,  Humb.  Bk.  Bldg. 

Douglas  1321. 
Haven,    Thos.    E.,    Balboa    Bldg. 

Sutter   2713. 
Haven    &    Athearn,    Balboa    Bldg. 

Sutter    2713. 
Hawkins,    Wm.,    Postoflace    Bldg. 

Market  301. 
Hayden,   T.   E.,   Monadnock  Bldg. 

Douglas  1218. 
Hayes,     Wm.     J.,     Pacific     Bldg. 

Douglas  1225. 
Hayne,      B.      A.,      Clunie      Bldg. 

Kearny   715. 
Hayne,      Duncan,      Clunie      Bldg. 

Kearny  715. 
Healy,    "Timothy,     Humboldt     Bk 

Bldg.;  Sutter  4810. 
Heaney,    John    Wm.,    Mills    Bldg. 

Douglas    238. 
Hebbard,    J.    C.    B.,    Mills    Bldg. 

Kearny    3094. 
Heggerty,     C.     J.,     Crocker     Bldg. 

Kearny  4145. 
Heller,    E.    S.,    Nevada    Bk.   Bldg. 

Kearny  941. 
Heller,     Powers    &    Ehrman,    Nev 

Bk.   Bldg.;   Kearny  941. 
Henderson,    C.    B.,    201    Sansome 

Kearny  4557. 
Henderson,     J.     W.,     Humb.     Bk 

Bldg.;   Douglas   1110. 
Hendricks,      Scott,      Mills      Bldg. 

Sutter  1116. 
Hendrick&on,      Wm.      Jr.,      Shreve 

Bldg.;   Douglas  3898. 
Heney,  F.  J.,  Phelan  Bldg.;  Kearny 

5724. 
Hengstler,  L.  T.,  Kohl  Bldg.;   Sut- 
ter 666. 
Hennessy,  F.  J.,  Grant  Bldg.;  Mar- 
ket 3201. 
Henning,   C,   Hearst   Bldg. ;    Doug- 
las 2298.  C1845. 
Henshall,   R.   P.,   Merch.   Natl.   Bk. 

Bldg.;   Douglas  520. 
Hernan,    M.    H.,    Holbrook    Bldg.; 

Sutter   3391. 
Herrin,      Wm.     F.,     Flood     Bldg.; 

Douglas    3595. 
Herrington,       Clayton.       Humboldt 

Bldg.;   Douglas  5983. 
Herron,     W.     F.,     Humboldt     Bk. 

Bldg.;  Douglas  3595. 
Hess.  W.  T.,  Hearst  Bldg.;  Kearny 

233. 


ATTORNEYS   AT  LAW. 


1325 


SAN  FRANCISGO,  San  Francisco  Co.— 

Continued. 
Hewlett,  Geo.,  Kohl  Bldg.;   Kearny 

5390. 
Heynemann,    A.,    832    Mills    Bldg 

Kearny  3977. 
Hickman,  F.   N.,  Russ  Bldg.;   Sut 

ter  2013. 
Hilborn,     L.     A.,     Crocker     Bldg 

Kearny  3365. 
Hillebrandt,    F.     H.,    Mutual     Bk 

Bldg.;   Kearny  3271. 
Hillyer,     Curtis,     Chronicle     Bldg 

Kearny  3716. 
Hinton,   Guy,  Pacific  Bldg.;   Doug 

las  5820. 
Hirshberg,    D.    S.,    Pacific    Bldg 

Douglas  1899. 
Hobbs,  H.  W.,  Flood  Bldg. 
Hobson,  H.  F.,  525  Market;  Doug- 
las 1676. 
Hodghead,    Beverly    L.,    Holbrook 

Bldg.;    Sutter    1737. 
Hoefler,    L.    M.,     Cal.-Pac.    Bldg. 

Douglas    523. 
Hoerchner,    E.    R.,    Phelan    Bldg. 

Kearny  556. 
Hoey,     John     A.,      Clunie     Bldg. 

Kearny  715. 
Hogan,    John    S.,    Foxeroft    Bldg. 

Kearny  988. 
Hogevoll,   S.   T.,   Call  Bldg.;    Sutter 

442. 
Hohfeld,   K,   Crocker  Bldg.;    Sutter 

666. 
Hollingsworth,    A.    W.,    3053    16th 

St.;  Park  6882. 
Hollister,  G.  W.,  Monadnock  Bldg.; 

Kearny  613. 
Holmes,   W.    G.,   518    Montgomery; 

Douglas  1970. 
Holton,  Chas.  R.,  Merch.  Natl.  Bk. 

Bldg.;  Kearny  5126. 
Horn,  Harry  L.,  610  Montgomery; 

Kearny  2269. 
Home,   Donald,   Call   Bldg.;    Doug- 
las 4232. 
Horwitz,      Louis,      Pacific      Bldg.; 

Douglas   5374. 
Houghton  &  Houghton,  Merch.  Ex. 

Bldg.;  Kearny  1480. 
Houston,    C.    J.^    First    Natl.    Bk. 

Bldg.;   Kearny  2369. 
How,    Jared,    Mills    Bldg.;    Sutter 

2489. 
Hubbard,     Wm.     P.,    Mills     Bldg.; 

Douglas  826. 
Hudson,      Oscar,      472      Monadnock 

Bldg.;  Douglas  »648. 
Hudson,     R.     G.,     Balboa     Bldg.; 

Douglas  726. 


SAN  FRANCISCO,  San  Franciwo  Co.— 
Continued. 

Hultraan,  F.  M.,  Mills  Bldg.; 
Kearny  43^. 

Hume,  W.  T.,  Pacific  Bldg.;  Doug- 
las 3481. 

Humphrey,  W.  H.,  Ist  Natl.  Bk. 
Bldg.;   Sutter  3227. 

Humphreys,  A.  S.,  343  Sansome; 
Kearny  5713. 

Humphreys,  Wm.  P.,  Holbrook 
aldg.;  Sutter  367. 

Hunt,  R.  G.,  Mills  Bldg.;  Douglas 
3164. 

Hurd,  N.  H.,  604  Montgomery. 

Husted,  R.  L.,  2565  Mission;  Mis- 
sion 8944. 

Hutchinson,  J.  K.,  Call  Bldg,; 
Kearny  4339. 

Hutchinson,  J.  S.,  Call  Bldg.; 
Kearny  4339. 

Hutton,  H.  W.,  Pacific  Bldg.; 
Douglas  315. 

Jacks,  L.  T.,  Cal.-Pac.  Bldg.;  Sut- 
ter 551. 

Jackson,  B.  M.,  Pacific  Bldg.;  Sut- 
ter 2044. 

Jackson,  O.  E.,  Call  Bldg. 

Jackson,  Stanley,  209  Post 
Kearny  2000. 

Jackson,  W.  A.,  607  Montgomery 
Douglas  3618. 

Jacobs,  H.  A.,  Humboldt  Bldg. 
Kearny    5164. 

Jacobs,  Meyer,  Pacific  Bldg. 
Kearny    2817. 

Jacoby,  Albert,  Mech.  Bk.  Bldg.; 
Douglas  3379. 

James,  C.  L.,  Call  Bldg.;  Kearny 
4630. 

Jarman,  A.  H.,  Mech.  Natl.  Bk. 
Bldg. ;  Douglas  520. 

Jeffress,  M.  G.,  Kohl  Bldg.;  Kearny 
2356. 

Jenks,  Livingston,  Mills  Bldg.; 
Douglas  691. 

Jerrett,  W.  H.,  Monadnock  Bldg.; 
Kearny  4587. 

Joel,  Arthur,  Mills  Bldg.;  Douglas 
1339. 

Johnson,  A.  L.,  Russ  Bldg.;  Kearny 
1261. 

Johnson,  Elliott,  Balboa  Bldg.; 
Kearny  1555. 

Johnson,  H.  W.,  Mills  Bldg.;  Doug- 
las 763. 

Johnson,  J.  F.,  Hewes  Bldg.;  Sutter 
2338. 

Johnson,  J.  K.,  Mills  Bldg.;  Doug- 
las 3164. 


1326 


HILLYER  S   LEGAL    MANUAL. 


SAN  FRANCISCO,  San  Francisco  Co.— 
Continued. 

Johnson,  Roger,  Mills  Bldg.; 
Kearny  4310. 

Johnson,  W.  E.,  Phelan  Bldg.; 
Kearny  5724. 

Johnson,  W.  P.,  Mills  Bldg.;  Doug- 
las 3164. 

Jonas,  A.  W.,  Monadnock  Bldg.; 
Sutter  2471. 

Jones,  J.  R.,  Call  Bldg.;  Kearny 
4173. 

Jordan,  Rowe  &  Brann,  Monad. 
Bldg.;  Kearny  5290. 

Jordan,  W.  H.,  Monadnock  Bldg.; 
Kearny  5290. 

Judkins,  T.  C,  Mills  Bldg.;  Doug- 
las 2684. 

Jury,  J.  (t.,  Hearst  Bldg.;  Sutter 
1632. 

Kahn,  Julius,  Merchants  Ex.  Bldg.; 

Kearny  3870. 
Kalloch,  I.  M.,  Grant  Bldg.;  Market 

5853. 
Kalloch  &  Fox,  Grant  Bldg.;  Mar- 
ket 5853. 
Karmel,   I.,   Cal.-Pac.   Bldg.;    Sutter 

551. 
Kaufman,  Helen  L.,  Pacific  Bldg.; 

Kearny  1448. 
Kaufman,     W.     W.,     Mills     Bldg.; 

Kearny  4644. 
Kaufman,    Leo,    Merch.    Natl.    Bk. 

Kearny  5769. 
Kazebeer,  A.  G.,  Mills  Bldg.;   Sut- 
ter 1436. 
Keane,  A.  C,  Hearst  Bldg.;  Doug- 
las 5676. 
Keane,     Geo.      B.,     Hearst     Bldg. 

Douglas   5676. 
Kearny,  W.   T.,  Monadnock  Bldg. 

Douglas  1218. 
Keesling,    F.    V.,    Chronicle    Bldg. 

Kearny  3876. 
Keleher,  J.  P.,  444  Market;  Doug 

las  340. 
Kelly,    Frank,    Montgomery    Blk. 

Douglas  3735. 
Kennedy,  J.  B.,  Nevada  Bk.  Bldg. 

Douglas   715. 
Kennedy,   Karl   F.,   Sharon    Bldg. 

Sutter  4650. 
Kennedy,     L.     J.,     Merchants     Ex 

Bldg.;  Douglas  715. 
Kent,  Piatt,    Standard    Oil    Bldg. 

Kearny  102. 
Keogh     &    Olds,     Foxcroft     Bldg. 

Kearny  3227. 
Keon,  Hugh  F.  Jr.,  Chronicle  Bldg. 

Kearny  3282. 


SAN  FRANCISCO,  San  Francisco  Co.— 

Continued. 
Kerrigan,  Hon.  Frank  H.,  3325  Clay 

St.    • 
Keyes,  A.  D.,  Humboldt  Bk.  Bldg.; 

Kearny  673. 
Keyes,    E.    E.,    Call    Bldg.;    Kearny 

5173. 
'      Keyes      &      Martin,      Call      Bldg.; 

Kearny   5173. 
Kidd,      A.      M.,      Balboa      Bldg.; 

Kearny  738. 
Kierce,   F.   J.,   Call   Bldg.;    Kearny 

4658. 
Kierulff,    T.     C.,,    Foxcroft    Bldg.; 

Douglas   2854. 
Kiler,    W.     H.,     Monadnock    Bldg.; 

Sutter  782. 
Kimball,  C.  F.,  Grant  Bldg.;   Park 

1902. 
Kimball,    R.     H.,     Merchants'     Ex. 

Bldg.;  Sutter  4635. 
King,     Boswell     F.,     Mills     Bldg.; 

Sutter    1555. 
Kinsey,    C.    H.,    Merch.    Natl.    Bk. 

Bldg.;  Douglas  3666. 
Kirk,  Joseph,  444  Market;  Douglas 

340. 
Kittle,  Allen  I.,  Nevada  Bk.  Bldg. 

Kearny  1675. 
Kitts,   Chas.   W.,  Monadnock  Bldg. 

Kearny  3596. 
Klingenberger,  T.  W.,  Mills  Bldg. 

Douglas  1820. 
Knignt,    E.    D.,    Monadnock   Bldg. 

Kearny  4014. 
Knight,  "Saml.,  Sharon  Bldg.;  Sutter 

4600. 
Knight  &  Heggerty,  Crocker  Bldg.; 

Kearny   4145. 
Knox,   D.   H.,   Call   Bldg.;    Douglas 

492. 
Knox,  Wm.  C,  Call  Bldg.;  Douglas 

492. 
Knupp,    Guy,    Alaska   Coml.   Bldg.; 

Kearny  3945. 
KoUmyer,  W.  B.,  Monadnock  Bldg.; 

Douglas  5424. 
Kuhl,    Max    J.,    Mchts.    Natl.    Bk. 

Bldg.;  Kearny  1221. 

Lakin,  E.  D.,  Hibemia  Bank;  Mar- 
ket   871. 

Lamson,  J,  S.,  Monadnock  Bldg.; 
Kearny   2008. 

Lanagan,  Jas.,  Alaska  Coml.  Bldg.; 
Kearny   3945. 

Lande,  E.,  Clunie  Bldg.;  Douglas 
448. 

Lane,  G.  W.,  Nevada  Bk.  Bldg.; 
Sutter  232. 


ATTORNEYS    AT   LAW. 


1327 


SAN  FRANCISCO,  San  Francisco  Co.— 
Continued. 
Langdon,     Wm.     H.,     Call     Bldg.; 
Kearny  5750. 

L/anghorne,    J.    P.,    Crocker    Bldg.; 

Kearny  4056. 
Lansburgh,  S.  Laz,  Orpheum  Bldg.; 

Douglas   70. 
Lapachet,  B.  P.,  French  Bk.  Bldg.; 

Kearny  1993. 
Lastreto,      E.,      Chronicle      Bldg.; 

Kearny  1706. 
Latimer,  J.  M.,  Mills  Bldg.;  Sutter 

517. 
Laumeister,   C.   F.,    Hearst    Bldg.; 

Sutter  988. 
Lawlor,  F.  W.,  Pacific  Bldg.;  Doug- 
las   1933. 
Lawlor,  Hon.  W.  P.,  ''The  Family," 

545  Powell;   Sutter  800. 
Lawlor,     John     G.,     Mills     Bldg.; 

Kearny  3819. 
Lazarus,      S.      J.,      Humboldt     Bk. 

Bldg.;    Kearny  5936. 
Leatherwood,    R.    L.,    Call    Bldg.; 

Douglas  3463. 
Lederman,  J.   D.,  354  Pine;   Sutter 

764. 
Lee,  C.  A.,  Foxcroft  Bldg.;  Kearny 

2450. 
Leggett,  Jos.,  918  Dolores;  Mission 

53&. 
Leicester,   J.   F.,    Cal,    Pac.    Bldg. 

Kearny  1435. 
Lempke,    H.    D.,    Holbrook    Bldg. 

Sutter  321. 
Lennon,    L.    C,     Foxcroft     Bldg. 

Kearny  2851. 
Lent    &    Humphrey,    Mills    Bldg. 

Douglas  1610. 
Leonard,  E.  M.,  Mills  Bldg.;  Doug- 
las, 1625. 
Lermen.  J.  J.,  Balboa  Bldg.;  Doug- 
las 89. 
Levey,  E.  C,  Pacific  Bldg.;  Douglas 

1372. 
Levey    &    Lipman,    Pacific    Bldg.; 

Douglas  1372. 
Levin,     Harold,     Chronicle     Bldg.; 

Kearny  3895. 
Levy,  David  L.,  Mills  Bldg.;  Sutter 

1720. 
Levy,  E.  W.,  Mills  Bldg.;   Douglas 

140. 
Lewandowski,  E.  P.,  Crocker  Bldg.; 

Sutter  2168. 
Lewis,  J.M.,  Kohl  Bldg.;  Kearny 

783. 
Lewis,  R.  F.,  Mills  Bldg.;  Douglas 

799. 


SAN  FRANCISCO,  San  Francisco  Co.— 
Continued. 

Liechti,  A.  W.,  French  Bk.  Bldg.; 
Kearny   1993. 

Liess,  Emil,  Humboldt  Bk.  Bldg.; 
Douglas   3638. 

Lilienthal,  McKinstry  &  Raymond, 
Flood  Bldg.;  Sutter  590. 

Lilienthal,  J.  W.,  Flood  Bldg.;  Sut- 
ter 590. 

Lillick,  Ira  S.,  Kohl  Bldg.;   Sutter 

561. 
Lindley,  C,  H.,  Mills  Bldg.;  Sutter 

1116. 
Lindley    &    Eickhoff,    Mills    Bldg., 

Sutter   1116. 
Lindsay,  C.  E.  Hewes  Bldg.;  Sutter 

2338. 
Linforth,  W.  H.,  Chronicle    Bldg. 

Douglas  1&53, 
Lipman,  G.  M.,  Pacific  Bldg.;  Doug 

las  1372. 
Lister,  H.  B.,  Pacific  Bldg.;  Doug 

las  1415. 
Little,   Ernest   K.,  Foxcroft  Bldg. 

Sutter  425. 
Locke.      Wm.      J.,      Pacific     Bldg. 

Kearny  4054. 
Loeb,   A.   I.,    816    Crocker    Bldg. 

Douglas  5618. 
Loewy,  Walter,  Royal    Ins.    Bldg. 

Kearny  3899. 
Loewy,     Wm.,     Royal    Ins.     Bldg. 

Kearny    3899. 
Loewy  &  Loewy,  Royal  Ins.  Bldg. 

Kearny  3899. 
Lombard,     Norman,     Nevada     Bk 

Bldg.;  Sutter  766. 
Long,  P.  v..  New  City  Hall,  Mar 

ket  3201. 
Lord,    P.  D.    M.,    260    California 

Kearny  2576. 
Lorigan,  F.  B.,  Crocker  Bldg.;  Sut 

ter   666. 
Louderback,     Davis,     1222     Geary 

Franklin  579. 
Louderback,     Harold,     Merch.     Ex 

Bldg.;  Sutter  2626. 
Lovell,     Chas.     H.,     Nevada     Bk 

Bldg.;  Kearny  713. 
Lovey,  L.  W.,  Hearst  Bldg.;  Doug 

las   1719. 
Lucey,  Jos.  P.,  Nevada  Bk.  Bldg. 

Sutter  422. 
Lull,   Geo.,    Phelan    Bldg.;    Sutter 

920. 
Lyders,   E.,   Mills    Bldg.;     Douglas 

1335. 
Lyman,  R.  M.,  Mills  Bldg.;   Doug- 

"^las  3579. 


1328 


HILLYER'S   LEGAL    MANUAL. 


SAN  FEANCISCO,  San  Francisco  Co.— 

Continued. 
Lynch,  E.  J.,  Mills  Bldg.;  Douglas 

1335. 
Lynch,  C.  W.,  Mutual  Bank  Bldg.; 

Kearny   3271. 
Lynch,     Thos.    B.,    Balboa    Bldg.; 

Kearny  1154. 
Lyon,  A.   G.,  Balboa  Bldg.;   Sutter 

4618. 
Lyon,    Barnett,    Monadnock   Bldg.; 

Douglas  2602. 
Lyons,  T.  J.,  Pacific  Bldg.;  Sutter 

1537. 

Macbeth,  F.  D.,  Mutual  Bk.  Bldg. 

Douglas  744. 
Mackenzie,    J.    A.,    Balboa    Bldg. 

Douglas  726. 
Macomber,      Lloyd,      Humb.      Bk 

Bldg.;   Douglas  971. 
Madden,  E.  W.,  Mills  Bldg.;  Doug 

las  763. 
Madden,    W.    M.,    Crocker    Bldg. 

Kearny   4145. 
Maddox,  Knox,  Monadnock    Bldg 

Kearny  621. 
Maddux.    Parker    S.,    Mills    Bldg 

Sutter   2225. 
Madison,  F.  D.,  Standard  Oil  Bldg 

Kearny  102. 
Magee,    E.    De    Los,    Mills    Bldg 

Douglas  4188. 
Maguire,    A.    G.,    281    Page;    Park 

5592. 
Maguire,     J.     G.,     Humboldt     Bk. 

Bldg.;  Douglas  923. 
Mahonev,      D.      I.,      1112      Market; 

Market  3922. 
Maling,  Walter  B.,  Postoffice  Bldg. ; 

Market  301. 
Maltman,      J.      W.,      Mills      Bldg.; 

Kearny   4950. 
Mann,    Kobt.    L.,    Chronicle    Bldg.; 

Douglas  2557. 
Mann,  Seth,  Merchants'  Ex.  Bldg.; 

Kearny  2724. 
Manning,     J.     E.,     Pacific     Bldg.; 

Douglas  2780. 
Mannon,    J.    M.,    Jr.,    Merch.    Ex. 

Bldg.;   Kearny  2897. 
Mansfield,   W.   D.,  Merchants'    Ex. 

Bldg.;  Sutter  491. 
Mansfield  &  Newmark,  Merch.  Ex. 

Bldg.;  Sutter  491. 
Manson,    P.    I.,    410    Montgomery; 

Sutter  3434. 
Marcum,   W.   J.,   Merch.    Natl.    Bk. 

Bldg.;  Kearny  5769. 
Marks,     Chas.     B.,     Kohl     Bldg.; 

Kearny  2777. 


SAN  FRANCISCO,  San  Francisco  Co.- 

Continued. 
Marsh,  J.  A.,  Foxcroft  Bldg.;  Sut 

ter   1525. 
Mason     &     Locke,     Pacific     Bldg. 

Kearny  4954. 
Marshall,  H.  F.,  Hewes  Bldg.;  Sut 

ter   2665. 
Marshall,  J.  W.,  Nevada  Bk.  Bldg. 

Kearny  3825. 
Martin,   E.  J.,   Nevada  Bk.  Bldg. 

Sutter  4673. 
Martin,    George    J.,    Pacific    Bldg. 

Douglas  1536. 
Martin,      Leon      E.,      Call     Bldg. 

Kearny  5173. 
Mash,  S.  L.,  580  Washington  St. 
Mastick,   Geo.   H.,  Foxcroft  Bldg.; 

Kearny   988. 
Mastick      &     Partridge,     Foxcroft 

Bldg;  Kearny  988. 
Mathews,  H.  W.,  26   Montgomery; 

Kearny  4318. 
Maundrell,      H.      H.,      Monadnock 

Bldg.;   Kearny  5290. 
Mayer,  Jos.  H.,  Mills  Bldg. ;  Doug- 
las 1510. 
Mayo,  H.  B.,  Pacific  Bldg.;  Douglas 

305. 
Mazza,   J.   J.,   Bk.   of  Italy   Bldg.; 

Douglas    2746. 
McAllister,     Elliott,     Nevada     Bk. 

Bldg.;   Kearny  833. 
McAuliffe,     F.     M.,     Nevada     Bk. 

Bldg.;  Kearny  941. 
McCahill,     S.     S.,     Balboa     Bldg.; 

Douglas    4349. 
McCarthy,  Paul  A.,  Call  Bldg.;  Sut- 
ter  3379. 
McCaughey,    J.    W.,    Mills    Bldg.; 

Douglas  1335. 
McClanahan,     E.     B.,     Merch.     Ex. 

Bldg.;    Kearny  3182. 
McClanahan   &   Derby,   Merch.   Ex. 

Bldg.;   Kearny  3182. 
McClellan   &  McClellan,  Merchants 

Natl.  Bank  Bldg.;   Kearny  4585. 
MeCloskey,   H.   H.,   Crocker  Bldg.; 

Kearny   4330. 
McColgan,  D.  A.,  Call  Bldg.;  Doug- 
las 2535. 
McConaughy,   C.   H.,   Clunie  Bldg.; 

Sutter  2140. 
McCue,  J.  F.,  Mills  Bldg.;  Douglas 

1707. 
McCulloch,   Alex.,   Hibernia  Bldg.; 

Market  871. 
McCurdy,     Hugh,     Pacific     Bldg.; 

Kearny   3451. 
McCutchen,  E.  J.,  Merch.  Ex.  Bldg.; 

Kearny  2897. 


ATTORNEYS  AT  LAW. 


1329 


SAN  FEANCISCO,  San  Francisco  Co.— 

Continued. 
McCutcheon,      Olney      &      Willard, 

Merchants'     Ex.    Bldg.;     Kearny 

2897. 
McDonald,     Paul,     Mercantile     Tr. 

Bldg.;  Kearny  601. 
McElroy,  J.  O.,  Call  Bldg.;  Douglas 

99. 
McEnerney,    G.    W.,    Flood    Bldg. 

Kearny  3116. 
McEnerney,  Leo  J.,  Balboa  Bldg. 

Kearny  1154. 
McEvers,  Greg  S.,  Monadnock  Bldg. 

Kearny  5290. 
McGahie,  R.  J.,  Mills  Bldg.;   Doug 

las  1510. 
McGee,    J.    A.,    Royal    Ins.     Bldg 

Douglas  356. 
McGee,      ^m.     J.,      Grant     Bldg 

Market  79. 
McGowan,    Frank,    Humboldt    Bk. 

Bldg.;   Kearny  4670. 
McGowan,   Geo.  A.,    Bk.    of    Italy 

Bldg.;  Kearny  3092. 
McGowan,    R.    H.,    Pacific    Bldg.; 

Douglas  1311. 
McGowan   &  Worley,  Bk.   of  Italy 

Bldg.;    Kearny  3092. 
McGraw,   E.   W.,   West   Coast   Life 

Bldg.;   Kearny  4011. 
Mcintosh,      M.      W.,      Monadnock 

Bldg.;  Kearny  2397. 
McKannay,  H.  G.,  Bk.  Italy  Bldg.; 

Douglas  3470. 
McKee,  J.  C,  Hearst  Bldg.;  Doug- 
las 5676. 
McKenzie,    E.    V.,    Humboldt    Bk. 

Bldg.;    Sutter  2896. 
McKeon,     J.     B.,     Merchants     Ex. 

Bldg.;  Kearny  2897. 
McKevitt,    H.    K.,    Hearst    Bldg.; 

Douglas   2870. 
McKinley,  Ben.,  P.  0.  Bldg.;  Mar- 
ket 301. 
McKinstry,  J.  C,  Flood  Bldg. ;  Sut- 
ter 590. 
McKnight,       R.       W.,       Monadnock 

Bldg.;  Douglas  1434. 
McLeod,     Duncan,      Mills      Bldg., 

Douglas    2684. 
McMartin,  W.  H.  R.,  Pacific  Bldg.; 

Douglas   2431. 
McMillan,   R.   B.,   Kohl  Bldg. 
McMurray,    E.    T.,    Balboa    Bldg.; 

Kearny  724. 
McNab,  John  L.,  Humb.  Bk.  Bldg.; 

Sutter  4810. 
McNair,    W.     W.,    Merchants    Ex. 

Bldg.;  Sutter  1451. 
84 


SAN  FRANCISCO,  San  Francisco  Co.— 

Continued. 
McNulty,     Fredk.     W.,     Chronicle 

Bldg.;  Sutter  931. 
McNutt,     Maxwell,      French      Bk. 

Bldg.;   Kearny  3405. 
McPike,     H.     H.,     221     Sansome; 

Douglas  5687. 
Mee,  J.  H.,  Merchants    Ex.  Bldg.; 

Kearny  3151. 
Melander,  Henry,  Chronicle  Bldg.; 

Kearny  3895. 
Melsted,  l,.  S.,  Hearst  Bldg.;  Doug- 
las 5676. 
Mering,  E.  B.,  Hearst  Bldg.;   Sut- 
ter 94. 
Merrill,    J.    A.,    Holbrook    Bldg. 

Kearny   3442. 
Merrill,  Geo.  W.,  Monadnock  Bldg. 

Sutter  3285. 
Merzbach,     F.     H.,      Russ      Bldg. 

Kearny   1915. 
Methever,    U.     E.,     Phelan    Bldg. 

Kearny  694. 
Metson,  W.  H.,  Balboa  Bldg.;  Doug 

las  726. 
Metzger,     W.      C,     251     Kearny 

Kearny  5547. 
Meyer,    Jacob    S.,    Balboa    Bldg. 

Douglas   2657. 
Meyerstein,     J.      C,     French     Bk. 

Bldg.;  Kearny  3405. 
Michael,  H.  E.,  110  Sutter;  Kearny 

5879. 
Michael,      M.      F.,      Kohl      Bldg.; 

Kearny  2777. 
Michelson,       Albert,      Call      Bldg.; 

Sutter  428. 
Miller,   A.   E.,   1018  Mission;   Mar- 
ket 1927. 
Miller,  H.  B.  M.,  Chronicle  Bldg.; 

Kearny  3895. 
Miller     &     White,     Crocker     Bldg.; 

Kearny  5540. 
Minot,  T.  S.,  Mills  Bldg.;  Douglas 

2126. 
Mize,  E.  J.,  96  Bernal  Ave.;   Mis- 
sion 4083. 
Mogan,  R.  F.,  Phelan  Bldg.;  Kearny 

5768. 
Molfino,    A.    A.,    Merch.    Natl.    Bk. 

Bldg.;  Sutter  560. 
Molkenbuhr,    S.    W.,    Mills    Bldg.; 

Douglas  2684. 
Molloy,  Thos.  S.,  Merch.  Natl.  Bk. 

Bldg.;   Douglas  113. 
Monroe,    H.     E.,    Cal.-Pac.    Bldg.; 

Sutter  3144. 
Montgomery,     H.     C.     Mech,     Inst. 

Bldg,;   Sutter   143. 


1330 


HILLYER  S   LEGAL    MANUAL. 


SAN  FRANCISCO,  San  Francisco  Co- 
Continued. 

Moody,     R.     R.,     Crocker     Bldg.; 
Kearny   3305. 

Mooney,   W.   T.,   259   Lisbon;    Mis- 
sion 9542. 

Moore,  A.  A.,  Balboa  Bldg.;  Kearny 
1555. 

•Moore,    A.    A.    Jr.,    Balboa    Bldg. 
Kearny  3999. 

Moore,    Stanley    A.,   Balboa    Bldg. 
Kearny  1555. 

Moran,    E.    F.,    Monadnock    Bldg. 
Douglas  1564. 

Moran,   N.  M.,  Nevada  Bk.  Bldg. 
Douglas  715. 

Morf,   P.   C,  Holbrook  Bldg.;   Sut- 
ter 2096. 

Morris    J.    H.,    Mills    Bldg.;    Sutter 
2054. 

Morris,  Leon,  Cal.-Pac.  Bldg.;  Doug- 
las 523. 

Morrison,     A.   F.,     Crocker    Bldg.; 
Sutter  666. 

Morrison,       Dunne       &       Brobeck, 
Crocker  Bldg.;  Sutter  666. 

Morrissey,    W.    H.,    Mechanics    Bk. 
Bldg.;    Kearny   5918. 

Morrow,  R.  H.,  Mills  Bldg.;  Doug- 
las  1700. 

Mott,   E.   J.,   Grant   Bldg.;    Market 
79. 

Moulthrop,  J.  R.,  Monadnock  Bldg.; 
Kearny  2008. 

Mueller,     Carl     W.,     1046     Golden 
Gate  Ave.;   West  7617. 

Mueller,    J.    A.,    20    Montgomery; 
Douglas  5740. 

Muller,      P.      J.,      Merchants      Ex. 
Bldg.;  Kearnv  2897. 

Murphy,  D.  C,  407  Mut.  Bk.  Bldg.; 
Kearny  4171. 

Murphy,    F.    J.,    20    Montgomery, 
Douglas  5740. 

Murray,  J.  C,  221  Sansome;  Doug- 
las 5687. 
■    Myers,  Edward,  Monadnock  Bldg.; 
Douglas   1490. 

Myers,  Paul  A.,  Monadnock  Bldg.; 
Kearny  5424. 

Myrick     &    Deering,     Nevada    Bk. 
Bldg.;   Kearny   1675. 

Nagle,  J.  L.  &  P.  B.,  Hearst  Bldg.; 

Kearny  4618. 
Nathan,    L.    E.,    20     Montgomery; 

Douglas  5740. 
Nathan,    M.    A.,    Chronicle     Bldg.; 

Kearny  3340. 
Nathanson,    A.    E.,    1112    Market; 

Market  4147. 


SAN  FRANCISCO,  San  Francisco  Co.— 

Continued. 
Negrich,   T.   G.,   Humb.   Bk.   Bldg.; 

Kearny  4670. 
Nelson,   Edmund,   26   Montgomery; 

Kearny  4779. 
Newburgh,    A.     S.,    Pacific    Bldg.; 

Franklin   7591. 
Newburgn,   Henry,    Balboa    Bldg.; 

Kearny  4774. 
Newmark,  Milton,  Merchants   Ex.; 

Sutter  491. 
NichoUs,  Thos.  H.,  Foxcroft  Bldg.; 

Douglas  1470. 
Nicholson,  W.  A.  S.,  1112  Market; 

Market  3922. 
Nightingill,  F.  W.,  Cal.-Pac.  Bldg.; 

Sutter  3144. 
Norman,  R.  S.,  Clunie  Bldg.;  Doug- 
las 2818. 
Nourse,  J.  T.,  Humboldt  Bk.  Bldg.; 

Sutter  1935. 
Nowlin,  Fassett  &  Little,  Foxcroft 

Bldg.;  Douglas  4112. 
Noyes,     B.,    Mills     Bldg.;     Kearny 

5725. 
Nuckolls,      M.,     Humboldt     Bldg. 

Douglas  275. 
Nunlist,      W.      A.,      Clunie      Bldg. 

Douglas  4014. 
Nutting,    F.    P.,    Holbrook    Bldg. 

Kearny   2191. 

Oakford,  B.  P.,  Flirst  Natl.  Bk. 
Bldg.;   Kearny  925. 

O'Brien,  E.  A.,  Monadnock  Bldg.; 
Kearny  3716. 

O'Brien,  J.  M.,  354  Pine;  Kearnv 
4440. 

O'Brien,  J.  P.,  Mills  Bldg.;  Sut- 
ter  399. 

O'Brien,  P.  H.,  444  Market;  Doug- 
las 976. 

O'Callaghen,  C.  F.,  26  Montgomery; 
Kearny    4779. 

O'Connor,  Grover,  Kohl  Bldg.;  Sut- 
ter 4839. 

O'Connor,  Jos.  T.,  Merchants  Ex. 
Bldg.;    Kearny   3870. 

O'Connor,  Richard,  1st  Natl.  Bk. 
Bldg.;   Sutter  1066. 

O'Connor,  Thos.  M.,  Humb.  Bk. 
Bldg.;  Sutter  2654. 

O'Connor  &  Schwartz,  Kohl  Bldg.; 
Sutter   4839. 

Oddie,  C.  M.,  Mills  Bldg.;  Douglas 
2684. 

O'Doniiell,  John,  Pacific  Bldg.; 
Douglas  1538. 

O'Donnell,  Jos.  E.,  Phelan  Bldg.; 
Kearny  556. 


ATTORNEYS   AT   LAW. 


1331 


SAN  FRANCISCO,  San  Francisco  Co.-- 
Continued. 
O'Gara,  John,  550  Mills  Bldg.;  Sut- 
ter 429. 
O'Gara   &  De   Martini,   Mills  Bklg.; 

Sutter  429. 
Ogden,      Marguerite,      Monadnock 

Bldg.;  Sutter  3388. 
O'Grady,   A.   L.,   Merch.   Natl.   Bk. 

Bldg.;    Sutter  560. 
Olds,     Lee     M.,     Foxcroft     Bldg.; 

Kearny  3227. 
Oliver,  F.  S.,  Humboldt  Bk.  Bldg.; 

Douglas  971. 
Oliver,    J.     M.,     Humboldt    Bldg.; 

Kearny  5164. 
Olivier,     P.     T.,     Chronicle     Bldg.; 

Kearny  1949. 
Olney,  .Jesse,  Humboldt  Bk.  Bldg.; 

Sutter  2969. 
Olney,   Warren,  Merch.   Ex.  Bldg.; 

Kearny  2897. 
Olney,     Warren     Jr.,     Merch.     Ex. 

Bldg.;  Kearny  2897. 
Olsen,    J.    A.,    Kohl    Bldg.;    Sutter 

561. 
Oppenheim,      M.,      Humboldt      Bk. 

Bldg.;    Kearny  5859. 
Oppenheimer,  Leopold,  Flood  Bldg, 

Sutter  590. 
O'Rourke,    J.    P.,    Chronicle    Bldg 

Park   906. 
Ornbaum,     C.     A.,     Pacific     Bldg 

Douglas  2267. 
Ornbaum,    Fraser    &    Lynch,    Pac. 

Bldg.;   Douglas  2267. 
O'Toole,  J.  J.,  Mills  Bldg.;   Sutter 

1287. 
Orrick,      W.      H.,      343      Sansome; 

Kearny  5713. 
Otis,  E.  M.,  Merchants  Ex.  Bldg.; 

Kearny  2724. 
Otis,  Frank,  Merchants  Ex.  Bldg.; 

Kearny  2724. 
Owen,    Frank    L.,    502    California; 

Kearny    158. 
Owens,    H.    M.,    Mechanics    Bldg.; 

Douglas  3493. 
Owens,    R.    C,    Law   Library,    City 
Hall;  Market  3201. 


Pagnuelo,      Ernest,      French      Bk. 

Bldg.;   Douglas  328. 
Palmer,    Brooks,    Foxcroft    Bldg.; 

Douglas    1470. 
Palmer,  T,  E.,  Alaska  Coml.  Bldg.; 

Douglas  2742. 
Parcells,     F.     M.,     Balboa     Bldg.; 

Kearny  2869. 
Pare,  A.  S.,  10  3d  St.;  Sutter  608. 


SAN  FRANCISCO,  San  Francisco  Co.— 
Continued. 
Parks,    Chas.    J.,    Mechanics    Inst. 
Bldg.;  Sutter  514. 

Partridge,    J.    S.,    Foxcroft    Bldg.; 

Kearny  988. 
Patton,     C.     L.,     Mechanics     Inst. 

Bldg.;    Kearny  4548. 
Pawlicki,     T.     E.,     Balboa     Bldg.; 

Kearny  29. 

Payson,  W.  H.,  Call  Bldg.;  Kearny 

5750. 
Peart,     Hartley     F.,     Humb.     Bk 

Bldg.;   Douglas   1321. 
Peck,  J.   S.,   Crocker   Bldg.;    Dong- 
las    1668. 
Peckham,     R.     F.,     Pacific     Bldg. 

Kearny  5966. 
Peery,     Chas.     S.,     Pacific     Bldg. 

Douglas  1311. 
Peixotto,      E.      D.,      Russ      Bldg. 

Kearny  1915. 
Pemberton,  B.   E.,  First  Natl.  Bk 

Bldg.;  Kearny  1691. 
Pemberton,  J.    E.,  First   Natl.  Bk 

Bldg.;  Kearny  1691. 
Percy,   J.    A.,   Call   Bldg.;    Douglas 

265. 
Perkins,      T.      A.,      Mills      Bldg. 

Kearny  5266. 
Perry,    A.    W.,    Underwood    Bldg. 

Douglas    1676. 
Perry,    G.    W.,    Mills   Bldg.;    Doug 

las  1510. 
Perry,     Geo.     O.,    Cal.-Pac.     Bldg. 

Sutter  551. 
Perry,  Raymond,  Merch.  Natl.  Bk 

Bldg.;  Sutter  2705. 
Perry,    H.    D.,    Merch.    Natl.    Bk 

Bldg.;  Sutter  2705. 
Perry    &    Dailey,    Cal.-Pac.    Bldg. 

Sutter  551. 
Perry    &    Perry,   Merch.    Natl.    Bk 

Bldg.;   Sutter  2705. 
Picard,   Albert,   French   Bk.   Bldg.; 

Kearnv   1978. 
Pidwell,^J.  T.,  Mills  Bldg.;  Kearny 

3521. 
Pierson,    H.    L.,    Merch.    Natl.    Bk. 

Bldg.;    Douglas    3648. 
Pigott,  J.  T.,  Alaska  Coml.  Bldg.; 

Douglas   2742. 
Pillsbury,     E.     S.,     Standard     Oil 

Bldg.;  Kearny  102. 
Pillsbury,     H.     D.,     Standard     Oil 

Bldg.;    Kearny   102. 
Pillsbury,  Madison  &  Sutro,  Stand- 
ard Oil  Bldg.;   Kearnv   102. 
Pinkham,    C.    A.,    Cal.-Pac.    Bldg.; 
Kearny    1435. 


1332 


HILLYER  S   LEGAL   MANUAL. 


SAJSr  FRANCISCO,  San  Francisco  Co.— 
Continued. 

Piper,  Chas.  E.,  Monadnock  Bldg.; 
Sutter  3182. 

Pippy,  Geo.  H.,  Humboldt  Bk. 
Bldg.;  Sutter  1935. 

Placke,  Gerhard  F.,  210  Montgom- 
ery;  Douglas  691. 

Platshek,  M.  J.,  Pacific  Bldg.; 
Douglas  2889. 

Plaw,  A.  B.,  Standard  Oil  Bldg.; 
Kearny  102. 

Plunkett,  Wm.  T.,  Mills  Bldg.; 
Sutter  46. 

Pohli,  Emil,  Mills  Bldg.;  Sutter 
1116. 

Polito,  J.  L.,  2104  Market;  Mar- 
ket 2247. 

Politzer,  Jerome,  Mills  Bldg.;  Sut- 
ter 1580. 

Pomeroy,  €,  P.,  Kohl  Bldg.; 
Kearny  2777. 

Poore,  F.  T.,  Mills  Bldg.;  Douglas 
294. 

Poorman,  Samuel  Jr.,  French  Bk. 
Bldg.;  Kearny  4394. 

Porter,  R.  C,  Call  Bldg.;  Kearny 
5750. 

Postel,  W.  F.,  Balboa  Bldg.;  Doug- 
las 89. 

Powell,  H.  A.,  Mills  Bldg.;  Doug- 
las  2595 

Powell  &  Dow,  Mills  Bldg.;  Doug- 
las 2595 

Power,  E.  B.,  Humboldt  Bk.  Bldg.; 
Sutter  1935. 

Power,  Neal,  Mills  Bldg.;  Douglas 
191. 

Powers,  F.  E.,  Grant  Bldg.;  Mar- 
ket 3201. 

Powers,  F.  H.,  Nevada  Bk.  Bldg.; 
Kearny  941. 

Pratt,  Orville  C,  Flood  Bldg.;  Sut- 
ter  590. 

Prendergast,  T.  F.,  Chronicle 
Bldg.;    Kearny   3895. 

Prescott,  L.  E.,  Russ  Bldg.;  Doug- 
las 236. 

Presley,  G.  J.,  Hearst  Bldg.;  Sut- 
ter 988. 

Price,  G.  E.,  Humboldt  Bk.  Bldg.; 
Douglas  2622. 

Pringle,  J.  R.,  Merchants  Ex. 
Bldg.;    Kearny   161. 

Pringle,  Wm.  B.,  Russ  Bldg.; 
Douglas   208. 

Pringle,  E.  J.,  Sharon  Bldg.;  Sut- 
ter 4208. 

Pritehard,  J.  A.,  Mills  Bldg.; 
Douglas  5202. 


SAN  FRANCISCO,  San  Francisco  Co.— 

Continued. 
Putnam,   O.,   Clunie  Bldg.;   Kearny 

617. 
Putnam      &     Van     Wyck,     Clunie 

Bldg.;    Kearny  617. 

Quinlan,  J.  C,  Hearst  Bldg.;  Doug- 
las 2870,  J2870. 

Rafael,  Jos.,   Phelan   Bldg.;    Doug- 
las 3481. 
Razeto,  William,  460  Montgomery; 

Kearny  5149. 
Raymond,     Albert,     Flood     Bldg.; 

Sutter  590. 
Read,      E.      W.,      Balboa      Bldg.; 

Kearny  2137. 
Reardon,    J.    E.,    Holbrook    Bldg.; 

Sutter  2026. 
Reddall,  T.  A.,  971  Market;  Sutter 

2499. 
Redding,    Jos.    D.,    Crocker    Bldg.; 

Sutter   96. 
Reddington,    A.    H.,    Mills    Bldg.; 

Douglas  5289. 
Redman,      L.      A.,      Mills      Bldg.; 

Kearny  752. 
Reed,     Chas    Wesley,     Call    Bldg.; 

Kearny  4657. 
Reeves,  J.  W.,  Call  Bldg.;  Kearny 

5750. 
Reid   &   Dozier,  First   Natl.   Bldg.; 

Keamy  1691. 
Reindollar,     C.     F.,     Clunie    Bldg.; 

Douglas  4014. 
Reisner,      J.      G.,      Hewes      Bldg.; 

Kearny  5130. 
Reyman,  H.  C,  Italian- Am.  Bldg.; 

Douglas  1614. 
Rice,    E.    W.,    Mills    Bld^.;    Sutter 

1116. 
Richards,  D.  B.,  Monadnock  Bldg.; 

Kearny  5290. 
Richardson,    W.    A.,    Clunie    Bldg.; 

Douglas  1140. 
Richter,  Erwin  E.,  First  Natl.  Bk. 

Bldg.;  Kearny  1836. 
Ricketts,     A.     H.,     40     California; 

Douglas  5150. 
Riley,  J.  F.,  Pacific  Bldg.;  Douglas 

2634. 
Riley,    Stanislaus    A.,    Mills    Bldg.; 

Douglas    1707. 
Ringolsky,      G.      €.,      Call      Bldg.; 

Kearny  448. 
Riordan,     John     H.,      Humb.     Bk. 

Bldg.;   Sutter  1935. 
Rixford,    E.    H.,     Cal.-Pac.    Bldg.; 

Sutter  3228. 
Rixford,    H.    L.,    Cal.-Pac.    Bldg.; 

Sutter  3228. 


ATTORNEYS  AT  LAW. 


1333 


SAN  FRANCISCO,  San  Francisco  Co- 
Continued. 
Bobbins,     L.     M.,     Crocker    Bldg.; 
Douglas   135. 

Robinett,  D.  B.,  Humb.  Bk.  Bldg.; 
Kearny   4644. 

Robinson,     Walter     H.,     Holbrook 

Bldg.;    Sutter   1483. 
Robinson,    J.    R.,    Foxcroft    Bldg.; 

Sutter  2544, 

Robinson     &     Getz,     45     Kearny; 

Douglas  2964. 
Robison,     Jas.     L.,     Nevada     Bk. 

Bldg.;    Kearny   941. 
Roche,     J.     J.,     Foxcroft     Bldg.; 

Kearny  3319. 
Roche,    Theo.    J.,    Humb.     S.    Bk. 

Bldg.;  Kearny  5740. 
Rodda,     A.     G.,     Holbrook     Bldg.; 

Sutter  1483. 
Romaine,    Benjamin,    Mills    Bldg.; 

Douglas   3579. 
Rose,     Wm.     F.,     Foxcroft     Bldg.; 

Douglas  1794. 
Rosenheim,        Samuel,        Chronicle 

Bldg.;  Kearny  3895. 
Rosenshine,     A.     A.,     Mills     Bldg.; 

Douglas   3164. 
Rosenstirn,      Eric      J.,      Holbrook 

Bldg.;  Sutter  367.     . 
Rosenthal,      Ben.,      Grant      Bldg.; 

Market  912. 
Rosenthal,    Marcus,    Balboa    Bldg.; 

Douglas   2890. 
Ross,  M.  A.,  Mills  Bldg.;   Douglas 

2376. 
Ross,  P.  v.,  Pacific  Bldg.;  Douglas 

4228. 
Rothchild,     Golden     &     Rothchild, 

Mills  Bldg.;    Douglas   5202. 
Rothchild,     Walter,     Flood     Bldg.; 

Kearny  3116. 
Rothschild,    Jos.,    Chronicle    Bldg.; 

Kearny  3895. 
Rothschild,      Rosenheim,      Schooler 

&       Miller,       Chronicle       Bldg.; 

Kearny  3895. 
Rouleau,    O.    A.,    250   Montgomery; 

Douglas  569. 
Rowe,    Purcell,    Monadnock    Bldg.; 

Kearny  5290. 
Russell,  '  S.    B.,    Merch.    Natl.    Bk. 

Bldg.;   Sutter  27t)5. 
Rutledge,  J.  D.,  French  Bk.  Bldg.; 

Kearny  5879. 
Ryan,   D.   A.,  Hearst  Bldg.;   Doug- 
las 422. 
Ryan,    Jas.    W.,    Postoffice    Bldg.; 

Market  301. 


SAN  FRANCISCO,  San  Francisco  Co.— 
Continued. 

Ryder,  Ray  W.,  1st  Natl.  Bk. 
Bldg.;  Sutter  3097. 

Ryder,  W.  B.,  Hibernia  Bk.;  Mar- 
ket 871. 


Saflfold,   Ray  P.,  568   Golden   Gate 

Ave.;  Franklin  95. 
Sales,     D.     D.,     Holbrook     Bldg. 

Douglas   259. 
Salomon,       Sam,      Phelan      Bldg. 

Kearny   1362. 
Samter,    Samuel    M.,    Mills    Bldg. 

Douglas   3164. 
Samuel,   Oscar,  Mills  Bldg.;   Doug 

las  789. 
Samuels,  Jacob,  Mills  Bldg.;  Doug 

las  789. 
Samuels       Leon,       Phelan       Bldg. 

Kearny  5768. 
Samuels.     M.     L.,     Pacific     Bldg. 

Douglas  304. 
Sanderson,   A.  A.,  Cal.-Pac.  Bldg. 

Douglas  523. 
Sanderson,    W.    W.,    Mills    Bldg. 

Douglas   1350. 
Sapiro,  A.  L.,  1st  Natl.  Bk.  Bldg. 

Sutter  1066. 
Sargent,    G.    C,    Mechanics    Inst. 

Bldg.;    Sutter   1323. 
Savage,     L.     E.,     964A     Market 

Franklin  1577. 
Savage,      T.      J.,     Humboldt     Bk 

Bldg.;  Kearny  5861. 
Sawyer,  F.  W.,  Grant  Bldg.;  Mar 

ket  912. 
Sawyer,      W.      F.,      333      Kearny 

Kearny  5743. 
Schernstein,    F.     C,    Mills    Bldg. 

Sutter  362. 
Schilling,      Frank,     Pacific     Bldg. 

Douglas  3559. 
Schlesinger,     Bert.     C,     Spreckels 

Bldg.;  Kearny  5173. 
Schlesinger,  Sydney,  Phelan  Bldg.; 

Sutter  239. 
Schmitt,    Milton    L.,   Ital.-Am.   Bk. 

Bldg.;   Douglas  1614. 
Schmulowitz,  M.,  Merch.  Natl.  Bk. 

Bldg.;   Douglas  520. 
Schooler,    W.    H.,'  Chronicle   Bldg.; 

Kearny  3895. 
Schottky,      A.     R.,     Mills     Bldg.; 

Kearny  4390. 
Schuhl,  F.   J.   Russ  Bldg.;   Kearny 

1261. 
Schulte     W.     H.,     Pacific     Bldg.; 

Douglas  1663. 
Schunck,     D.     E.     von     S..     Miss, 
Crocker  Bldg.;  Kearny  12«1. 


1334 


HILLYER^S   LEGAL    MANUAL. 


SAN  FRANCISCO,  San  Francisco  Co.— 
Continued. 
Schwab,     Edwin,     Crocker     BIdg.; 
Sutter  666. 

Schwab,  Robert,  Mills  Bldg.;  Sut- 
ter 508. 

Schwartz  C,  Kohl  Bldg.:  Sutter 
4839. 

Scott,   J.    W.,    Nevada    Bk.    Bldg.; 

Kearny  1675. 
Scrivner     &     Montgomery     Meeh. 

Inst.  Bldg.;    Sutter  443. 
Sender,   Eric   G.,    326   Mills   Bldg.; 

Sutter  2387. 
Sea,     Wm.     Jr.,     Foxcroft     Bldg.; 

Kearny  4089. 
Searles,     Robt.     M.,     Mills     Bldg.; 

Sutter  1116. 
Seawell,    Hon.    J.    M.,    236    Cole; 

Pacific   1737. 
Seibert,  D.  K.,  Russ  Bldg.;  Kearny 

3249. 
Seidenberg  L.,  Mills  Bldg.;  Kearny 

2692. 
Seidenberg    &    Davis,    Mills   Bldg, 

Kearny  2692. 
Selby,  J.  R.,  First  Natl.  Bk.  Bldg, 

Kearny  2875. 
Selvage,    Thos.,    316    P.    O.    Bldg. 

Market  301. 
Sessions,     C.     B.,     Balboa     Bldg, 

Douglas  4349. 
Sessions        &       McCahill,       Balboa 

Bldg.;   Douglas  4349. 
Sferlazzo,    C,    4    Columbus     Ave.; 

Kearny  630. 
Shadburne,     Geo.     D.,     Humb.     Bk. 

Bldg.;   Douglas   2622. 
Sharpstein,     W.     C,     Mills     Bldg.; 

Douglas  1027. 
Shaw,      A.      E.,      Claus     Spreckels 

Bldg.;    Sutter   77, 
Shay,  Frank,  Flood  Bldg.;   Kearny 

3160. 
Sheehan,  J.  F.,  Hearst  Bldg.;  Sut- 
ter 454. 
Shepard,  W.  C,  3978  23d  St.;  Mis- 
sion 7402. 
Sheridan,  T.  J.,  Nevada  Bk.  Bldg.; 

Kearny    925. 
Shields,   J.   ]\f.,   French   Bk.   Bldg.; 

Kearny  1993. 
Shortridge,  S.  M.,  Chronicle  Bldg.; 

Douglas    2176. 
Shryock,   H.    A.,   Mills   Bldg.;    Sut- 
ter 1768. 
Shuey,  C.  A.,  Merchants  Ex.  Bldg.; 

Kearny  2442. 
Shuman,  J.  F.,  Crocker  Bldg.;  Sut- 
ter 666. 


SAN  FRANCISCO,  San  Francisco  Co.— 

Continued. 
Shuman,     P.     L.,     Pacific     Bldg.; 

Douglas    1732. 
Shurtleff,    C.    A.,    Foxcroft    Bldg.; 

Kearny  4451. 
Silverstein,       Bernard,       Chronicle 

Bldg.;   Kearny   3895. 

Simmons,     W.     M.,     Clunie     Bldg.; 

Kearny  617. 
Sims,    J.    C,    Call    Bldg.;    Kearny 

4207. 
Sims,      R.      M.,      464      California; 

Kearny  601. 
Sims,   W.   M.,   Kohl  Bldg.;    Kearny 

3825. 
Skaife,     A.     C,     Ins.     Ex.     Bldg.; 

Kearny    1452. 
Slack,  C.  W.,  Alaska   Coml.  Bldg.; 

Douglas   2742. 
Slikerman,  H.,  Pacific  Bldg.;  Doug- 
las  3565. 
Slye,    Jos.,    Phelan    Bldg.;    Douglas 

5837. 
Smith,   F.   T.,   Standard  Oil  Bldg. 

Kearny    102. 
Smith,     Grant     H.,     Mills     Bldg. 

Sutter    1116. 
Smith,  J.   L.,  Pacific  Bldg.;   Doug 

las   I486. 
Smith,     R.     Mason,     Mills     Bldg 

Douglas    4080. 
Smith,    W.    H.   Jr.,    Crocker   Bldg 

Sutter  666. 
Smith,     Willard     P.,     Call     Bldg 

Kearny    5750. 
Soderberg,        N.,        Mills        Bldg 

Kearny  3596. 
Solari,      W.      S.,      Hearst      Bldg 

Kearny  233. 
Solinsky      &      Wehe,      Monadnock 

Bldg.;   Douglas   1484. 
Solomon    &    Wise,    Sharon    Bldg.; 

Douglas  1896. 
Solomons,     L.     L.,     Sharon     Bldg.; 

Douglas  1896. 
Sonntag,  L.,  Balboa  Bldg.;  Kearny 

1153. 
Sooy,    C.   H.,   Mills   Bldg.;    Kearny 

4314. 
Soto,   R.   M.   F.,   Royal   Ins.   Bldg.; 

Kearny    4557. 
Spaulding,  W.  A.,  233  Post;  Sutter 

3400. 
Spilman,      J.       S.,      244      Kearny; 

Kearny  734. 
Stafford    &    Stafford,    Grant    Bldg.; 

Market  5737. 
Steiger,  Geo.  J.  Jr.,  Ital.-Am.  Bk.; 

Douglas   1606. 


ATTORNEYS   AT   LAW. 


1335 


SAN  FRANCISCO,  San  Francisco  Co.— 
Continued. 
Steinhart,  J.  H.,  Monadnock  Bldg.; 
Sutter  2471. 

Stephens,      Jas.      A.,      Monadnock 

Bldg.;  Kearny  3716. 
Stetson,  H.  N.,  Mills  Bldg.;  Kearny 

4150. 

Stevens,  Martin,  Mills  Bldg.;    Sut- 
ter 2491. 
Stevick,     Guy    Le    Roy,    Ins.    Ex. 

Bldg.;    Kearny   1452. 
Stewart,     Chas.,     Chronicle     Bldg.; 

Douglas  90. 
Stewart,   F,   L.,   Monadnock  Bldg.; 

Sutter   1208. 
Stewart,     Geo.    L.,     Hewes    Bldg.; 

Sutter  4369. 
Stidger    &    Stidger,    628    Montgom- 
ery;   Kearny   1379. 
Stoker,     Geo.     E.,     Merchants     Ex. 

Bldg.;    Sutter   1451. 
Stone,  Byron   F.,  Jr.,   Mills   Bldg.; 

Sutter  46. 
Stone,    L.,    Pacific     Bldg.;     Sutter 

2832. 
Stoney,    Donzel,   Mills    Bldg.;    Sut- 
ter  1436. 
Stoney,  Gaillard,  25*0  Montgomery; 

Kearny   5860. 
Stoney,     Rouleau     &     Stoney,     250 

Montgomery;  Kearny  5860. 
Stratton,      F.      S.,      Mills      Bldg. 

Kearny   4644. 
Stratton,     Kaufman    &    Torchiana 

Mills  Bldg.;   Kearny  4644. 
Straub,    Thos.    J.,    Crocker    Bldg. 

Kearny  3299. 
Straus,       G.,       604       Montgomery 

Kearny  3804. 
Strickler,     E.     G.,     Hearst     Bldg. 

Kearny  3485. 
Stringham,  F.  D.,  Holbrook  Bldg. 

Sutter  1737. 
Strong,  C.  A.,  Mills  Bldg.;  Douglas 

1872. 
Strubel,  Phil  J.,  Mills  Bldg.;  Doug- 
las 4114. 
Sturtevant,     Hon.     Geo.     A.,     City 

Hall;  Market  3201. 
Sullivan,      C.      C,      Standard      Oil 

Bldg.;    Kearny   102. 
Sullivan,  E.  D.,  1st  Natl.  Bk.  Bldg. ; 

Kearny    1830. 
Sullivan,     F.     J.,     1017     Mission; 

Market  611. 
Sullivan,   M.   J.,   34   Ellis;    Kearny 

5410. 
Sullivan,     W.     A.,     Humboldt    Bk. 

Bldg.;  Kearny  5740. 


SAN  FRANCISCO,  San  Francisco  Co.— 

Continued. 
Sullivan    &    Sullivan,    Humb.    Bk. 

Bldg.;  Kearny  5740. 
Surr,    Vincent,    Merch.    Natl.    Bk. 

Bldg.;   Kearny  4642. 
Susman,      Leo      H.,      445      Sutter; 

Franklin  140. 
Sutro,  Alfred,  Standard  Oil  Bldg.; 

Kearny   102. 
Sutro,   Oscar,    Standard   Oil    Bldg.; 

Kearny  102. 
Sweasey,     F.     R.,     Humboldt     Bk. 

Bldg.;  Douglas  3638. 
Sweeny,  Jas.  P.,  Nevada  Bk.  Bldg.; 

Douglas  175. 
Sweigert,  C.   A.,  Merch.   Natl.  Bk. 

Bldg.;  Douglas  2659. 
Symonds,   H.    C,   Mills   Bldg.;    Sut- 
ter  46. 
Taf  t,  F.  W.,  Merch.  Natl.   Bk.  Bldg. ; 

Kearny  5769. 
Talbot,  E.  J.,  Mut.  Sav.  Bk.  Bldg.; 

Kearny    3864. 
Taughter,  J.  L.,  Mills  Bldg.;  Doug- 
las 605. 
Tauszky,     Edmund,     Sharon     Bldg.; 

Kearny  4800. 
Taafe,     Jos.     L.,     Phelan     Bldg.; 

Kearny   5768. 
Taylor,     Henry,     Consular     Bldg.; 

Douglas  1352. 
Taylor,    H.    W.    B.,    Phelan    Bldg.; 

Douglas  4330. 
Temple,  W.,   Clunie  Bldg.;  Douglas 

3896. 
Tevlin,  J.  F.,  Pacific  Bldg.;  Douglas 

1933 
Thayer,  Ruf us  B.,  Mech.  Inst.  Bldg. ; 

Sutter  514. 
Theisen,  S.  Jos.,  Balboa  Bldg.;  Doug- 
las 2890. 
Thelen,     Max,     Commercial     Bldg.; 

Sutter  2260. 
Thomas,   Geo.    M.,   Chronicle   Bldg.; 

Kearny  3597. 
Thomas,  J.  M.,  Call  Bldg.;   Kearny 

4173. 
Thomas,  Beedy   &  Lanagan,  Alaska 

Commercial  Bldg.;   Kearny  3945. 
Thomas,  Wm.,  Alaska  Coml.  Bldg.; 

Kearny  3945. 
Thompson,   Chas.  L.,   Pacific   Bldg.; 

Douglas  5820. 
Thompson,  W.  J.,  Hewes  Bldg. ;    Sut- 
ter 2665. 
Thorn e.    A.,    Mills    Bldg.;    Kearny 

1266. 
Thornton,  C,  Monadnock  Bldg. 
Thornton,    J.    T.,    Foxcroft    Bldg.; 

Kearny   2851. 


1336 


hillyer's  legal  manual. 


SAN  FRANCISrU3,  San  Francisco  Co.— 
Continued. 

Thrasher,  Gso.  C,  Pacific  Bldg.; 
Douglas  2431. 

Thurman,  J.  D.,  Mills  Bldg.;  Doug- 
las 3164. 

Tiscornia,  A.  A.,  Monadnoek  Bldg.; 
Sutter  528. 

Titus,  Louis,  Balboa  Bldg.;  Kearny 
738. 

Titus,  Cr(V3d  &  Dall,  Balboa  Bldg.; 
Kearny    738. 

Tobin  &  Tobin,  Hibernia  Bldg.; 
Market  871. 

Todd,  C.  E.,  34  Ellis;  Kearny  5410. 

Tomsky,  Wm.,  244  Kearny;  Doug- 
las, 1106. 

Torchiaua,  H.  G.  Van  C,  Mills 
Bldg.;   Kearny  4644. 

Torregano,  E.  J.,  Board  of  Trade 
Bldg.;  Douglas  976. 

Towle,  'jeo,  W.,  112  Market;  Kearny 
492. 

Towne,  P.  E.,  Chronicle  Bldg.; 
Kearny  3282. 

Townsend,  C.  E,,  Merchants  Ex. 
Bldg.;    Kearny    4455. 

Treadwell,  E.  F.,  Merchants  Ex. 
Bldg.;   Kearny  5505. 

Treat,  A.  J,,  Monadnoek  Bldg.; 
Kearny  5424. 

Treat.  R.  B.,  Crocker  Bldg.;  Doug- 
las 3442. 

Troy,  Robert  P.,  Call  Bldg.;  Sutter 
116. 

Truman,  I.  J.  Jr.,  Mills  Bldg.; 
Douglas    357. 

Tuck,  L.  C,  Nevada  Bk.  Bldg. ;  Sut- 
ter 232. 

Tucker,  W.  E.,  Wells-Fargo  Bldg.; 
Douglas  2029. 

turn  Suden  &  turn  Saden,  Merchants 
Natl.  Bank  Bldg.;  Douglas  193. 

Tuska,  Wal.  J.,  Mutual  Bk.  Bldg. 
Douglas  1214. 

Twamley,     W.     R.,     Pacific     Bldg. 
Douglas  1538. 

Tyler,    J.    F.,    Wells-Fargo    Bldg. 
Douglas  1934. 

Tyler,  R.  P.,  Humboldt  Bank  Bldg. 
Sutter   4810. 

Tyrrell,  John  R.,  Hewes  Bldg.;  Sut- 
ter 4369. 

Udell,  Alva,  617  Montgomery  St. 

Uldall,  Martin,  Phelan  Bldg.;  Doug- 
las  1827. 

U'Ren,  M.  T.,  Mechanics  Inst.  Bldg. ; 
Sutter  549. 

Utter,  J.  F.,  Hearst  Bldg.;  Kearny 
3021. 


SAN  FRANCISCO,  San  Francisco  Co.— 

Continued. 
Van  Ness,  T.  C.  &  T.  C.  Jr.,  Kohl 

Bldg.;   Sutter  561. 
Van   Wyck,   Sidney   M.  Jr.,   Clunie 

Bldg.;    Kearny   617. 
Van  Zante,  K.,  Mills  Bldg.;    Sutter 

2225. 
Vecki,  M.,  Chronicle  Bldg.;   Kearny 

3597. 
Vrecki    &    Wythe,    Chronicle    Bldg, 

Kearny  3597. 
Vilas,   M.    S.,   Mills   Bldg.;    Douglas 

1707. 
Vogelsang,  A.  T.,  Nevada  Bk.  Bldg. 

Douglas  346. 
Vogelsang    &    Brown,    Nevada    Bk, 

Bldg.;    Douglas    346. 
Von    Schrader,    F.    W.,    Call   Bldg. 

Sutter    3190. 

Wakeman,  E.  H.,  Monadnoek   Bldg. 

Douglas  5720. 
Walker,    Jas.    G.     Jr.,    Mills    Bldg. 

Sutter  1720. 
Wall,    F.    R.,   Merchants   Ex.    Bldg 

Kearny  394. 
Wallace,  B.  L.,  Mills  Bldg.;    Sutte 

1580. 
Wallace    &    Politzer,    Mills    Bldg. 

Sutter  1580. 
Ward,  Louis  H.,  Mills  Bldg.;  Doug 

las   799. 
Wascerwitz,     M.     H.,     Call     Bldg 

Kearny  448. 
Watson,  W.  W.,  Call  Bldg.;  Kearny 

4157. 
Watt,    J.     A.,    Royal     Ins.     Bldg 

Kearny   5801. 
Weaver,  G.   E.,  Mills  Bldg.;    Sutter 

1720. 
Webb,   E.   H.,   Mills  Bldg.;    Kearny 

1266. 
Webb,  J.  J.,  Clunie  Bldg.;   Kearny 

617. 
Webb,  U.  S.,  Humboldt  Bk.  Bldg.; 

Sutter  1935. 
Webb,   W.   C,  Mills  Bldg.;    Kearny 

1266. 
Webster,        Bradford,       Monadnoek 

Bldg.;    Kearny    4014. 
Wehe,  Frank  R.,  Monadnoek  Bldg.; 

Douglas  1485. 
Weil,    A.    L.,    Alaska    Coml.    Bldg.; 

Sutter  940. 
Weiler,    A.    B.,    Royal    Ins.    Bldg.; 

Douglas  1196. 
Welch,  L.  J.,  1233  Market;    Market 

346. 
Weinmann,  L.  R.,  Kohl  Bldg. ;   Doug- 
las  3595. 


ATTORNEYS   AT   LAW. 


1337 


SAN  FRANCISCO,  San  Francisco  Co.— 

Continued. 
Weinmann,    Wood    &    Cunha,    Kohl 

Bldg.;    Douglas    3595. 
Weir,  John  G.,  Mills  Bldg.;    Sutter 

1720. 
Weiss,  Wm.  G.,  French  Bk.  Bldg. 

Kearny  5879. 
Welch,     Geo.     F.,     Phelan     Bldg. 

Kearny  42. 
Welch,     Geo.     M.,     Phelan     Bldg. 

Kearny  42. 
Welle,  Chas.  M.,  Russ  Bldg.;  Kearny 

3249. 
West,  J.  J.,  Pacific  Bldg.;  Franklin 

2945. 
West   &   de   Journal,   Phelan   Bldg.; 

Douglas  3481. 
Westerfeld,  Carl,  Mills  Bldg.;  Doug- 
las   1700. 
Westlake,  Elmer,  Humb.  Bk.  Bldg.; 

Sutter  4511. 
Weyl,     Bertin     A.,     Pacific     Bldg.; 

Kearny  2817. 
Wheeler,   C.   S.,  Nevada  Bk.  Bldg.; 

Douglas    713. 
Whipple,     G.     H.,     Merchants     Ex. 

Bldg.;   Kearny  2273. 
Whitcomb,    F.    R.,    Foxcroft    Bldg.; 

Douglas  1889. 
White,    B.    G.,    Nevada    Bk.    Bldg.; 

Sutter   232. 
White,   J.    B.,    Nevada   Bk.    Bldg.; 

Kearny  941. 
White,    J.     E'.,    Monadnock    Bldg.; 

Douglas  360. 
White,  Thos.  R.,  Mills  Bldg.;  Doug- 
las 246. 
White,  Wm.  K,  604  Montgomery  St. 
Whited,  J.  M.,  1st  Natl.  Bk.  Bldg.; 

Kearny  925. 
Whiting,  R.   V.,    Monadnock   Bldg.; 

Sutter  1208. 
Whittle,  A.  L.,  Crocker  Bldg.;   Sut- 
ter  666. 
Weil,   S.    C,   Merchants   Ex.    Bldg.; 

Sutter   1439. 
Wight,       Wilder,      Balboa       Bldg.; 

Kearny   1555. 
Wilbur,  E.  D.,  Holbrook  Bldg.;  Sut- 
ter 3391. 
Willard,  C.   W.,  Merch.  Ex.  Bldg.; 

Kearny  2897. 
Willard  &  Ferrell,  Merch.  Natl.  Bk. 

Bldg.;   Douglas  4757. 
Willeox,    Geo.     M.,     Hearst     Bldg.; 

Sutter  3158. 
Williams,     Evan,     Merchants     Ex. 

Bldg.;  Kearny  2273. 
Williams,    E.    H.,     Phelan     Bldg.; 

Kearny   2622. 


SAN  FRANCISCO,  San  Francisco  Co.— 
Continued. 

Williams,  G.  N.,  Lick  Bldg.;  Doug- 
las 402. 

Williams,  J.  T.,  French  Bk.  Bldg.; 
Kearny    5879. 

Williamson,  W.  F.,  Crocker  Bldg.; 
Kearny  3299. 

Willis,  W.  H.,  Grant  Bldg.;  Market 
79. 

Wilson,  A.  A.,  Mills  Bldg.;  Sutter 
1720. 

Wilson,  C.  E.,  Mills  Bldg.;  Douglas 
1872. 

Wilson,  C.  H.,  Balboa  Bldg.;  Kearny 
2137. 

Wilson,  E.  M.,  Kohl  Bldg.;  Kearny 
2357. 

Wilson,  J.  R.,  Mechanics  Inst. 
Bldg.;   Kearny  4742. 

Wilson,  M.  S.,  Nevada  Bk.  Bldg.; 
Kearny   713. 

Wilson,  O.  C,  MiUs  Bldg.;  Douglas 
5349. 

Wilson  &  Haines,  Mills  Bldg. ;  Doug- 
las   5349. 

Wilson  &  Wilson,  Nevada  Bk.  Bldg.; 
Kearny  713. 

Wise,  O.  I.,  First  Natl.  Bk.  Bldg.; 
Sutter   1066. 

Wise,  Sapiro  &  O'Connor,  First  Natl. 
Bk.  Bldg.;   Sutter  1066. 

Wise,  W.  A.,  Sharon  Bldg.;  Douglas 
1896. 

Wittenmeyer,  L.  A.,  Balboa  Bldg.; 
Kearny  5320. 

Wolch,  H.  A.  I.,  Pacific  Bldg.;  Sut- 
ter 914. 

Wolf,  E.  Myron,  Monadnock  Bldg.; 
Kearny  2397. 

Wolfe,  E.  I.,  Mills  Bldg.;  Douglas 
789. 

Wolff,  H.  K.,  Russ  Bldg.;  Kearny 
3249. 

Wolff,  M.  D.,  Merchants  Natl.  Bk. 
Bldg.;   Douglas  4757. 

Wood,  Baldwin,  Kohl  Bldg.;  Doug- 
las  3595 

Wood,  Percy  A.,  Call  Bldg.;  Doug- 
las 265. 

Woodburn,  F.  L.,  Call  Bldg.;  Doug- 
las 99. 

Woodhams,  M.  S.,  Foxcroft  Bldg.; 
Sutter   379. 

Woods,  S.  D.,  Mills  Bldg.;  Sutter 
1720. 

Woodvvorth,  M.  B.,  Clunie  Bldg.; 
Douglas  448. 

Worley,  Alfred  L.,  Bk.  of  Italy 
Bldg.;  Kearny  3092. 


1338 


HILLYER  S   LEGAL    MANUAL. 


SAN  FRANCISCO,  San  Francisco  Co.— 

Continued. 
Wright,  A.  G.,  Mills  Bldg.;  Kearny 

4150. 
Wright,    F.    M.,    Monadnock    Bldg.; 

Kearny  2726. 
Wright,  G.  T.,  Mills  Bldg.;   Kearny 

4150. 
.       Wright,   S.   C,  Call  Bldg.;    Douglas 

4913. 
Wright,  W.  E.,  Pacific  Bldg.;  Doug- 
las 3492. 
Wright  &  Wright  &  Stetson,  Mills 

Bldg.;   Kearny  4150. 
Wyman,  O.  B.,  Merchants  Natl.  Bk. 

Bldg.;    Douglas  520. 
Wythe,     F.     S.,     Chronicle     Bldg.; 

Kearny  3597. 

Young,  H.  S.,    Nevada    Bk.    Bldg.; 

Kearny  833. 
Young,  L.  F.,  Flood  Bldg.;  Kearny 

3116. 

Zeigler,  W.   G.,  Mills  Bldg.;    Sutter 

1768. 
Zimdars,  J.  B.,  Merchants  Natl.  Bk. 

Bldg.;   Kearny  4642. 
Zwerin,  P.  M.,  Humboldt  Bk.  Bldg.; 

Sutter  2040. 

SAN  GABKIEL,  Los  Angeles  Co.— 
Freeman,  R.  L. 
Pike,  Chas.  L. 

SAN  JACINTO,  Riverside  Co.— 

Dunn,  John   H. 

Sallee,  F.  M. 
SAN  JOSE,  Santa  Clara  Co.— 

Aggler,  W.  T.,  Dep.  Co.  Clk. 

Archer,  L.  B. 

Arques,   L.    L. 

Bailev,  Louis  H. 

Bailey,  W.  C. 

Beasly  &  Fry. 

Beggs,  Wm.  M. 

Benson,  F.  H. 

Biaggi,  W.  R. 

Black,  J.  C. 

Blanehard,  Hiram  A. 

Bohnett,  L.  D. 

Bowden,  N. 

Bridge?,     Herbert     S.,     Dep.     Dist. 

Att. 
Brown,  F.  B. 
Brown  &  Lewis. 
Burnett,   D.   M. 

Caldwell,  A.  A. 
Campbell,  Argyl. 
Campbell,  J.  H. 
Campbell  &  Campbell. 
Cassin,  Chas.  M. 


SAN     JOSE,    Santa     Clara    Co.— Con- 
tinued. 
Cavallaro,  C.  D. 
Clark,  Chas. 

Coolidge,  C.  C,  Dep.  Dist.  Atty. 
Corbin,  E.  L. 
Crittenden,  B,  S. 
Crothers,  C.  F. 

.  Davids'on,  C.  W.,  Mayor. 
Dougherty  &  Dougherty. 
Dusing,  H.  F. 

Estes,  F.  R. 

Fitzgerald,  Jno. 
French,  Henry. 
Fry,  H.  R. 

Gabriel,  H.  A. 

Gondring,  J.  M. 

Gosbey,  P.  F.,  Supr.  Judge. 

Hambly,  F.  J. 
Hardinge,  H.  A. 
Hardy,  W.  B. 
Hayes  &  Hayes. 
Herrington,  Clarence. 

James,  W.  F. 
Johnson,  W.  H. 
Johnston,  Wm.  A. 
Jones,  H.  C. 

Kerwin,  J.  B. 
Koppel,  I.  L, 
Kotlinger,  L.  A. 

Lamb,  Earl. 

Leib,  Roy  C. 

Leib,  S.  F. 

Lewis,  De  L. 

Lorigan,  C.  M. 

Lorigan,  W.   G.j   Supm.   Judge. 

McComas,  H.  W. 
McComish,  R.  C. 
McGinnis,  James  S. 
Maloy,  Jeff  L. 
Michener,  A.  H.,  Ct.  Rep. 
Montgomery,  Louis. 
Moore,  H.   C. 

Oneal,  L. 

O'Neil,  R.  K.,  Dep.  Co.  Clk. 

Partridge,  H.  L. 

Peckham,  J.  B.,  Dep.  Dist.  Atty. 

Petree    L.  E. 

Pfister',  H.  A.,  Clk.  Supr.  Ct. 

Quilty,  Chas.  W. 

Rea,  E.  M.   R. 

Rhodes,  A.  L. 

Rhodes,  E.  L. 

Richards,  J.  E.,  .Judge  Applt.  Ct. 

Richardso-n,  O.  D. 

Robertson,  R.  F. 


ATTORNEYS   AT   LAW. 


1339 


SAN     JOSE,    Santa     Clara    Co.— Con- 
tinued. 
Rogers,  Bloomingdale  &  Free. 
Rogers,  W.  A. 
Rosenthal,  E.  M. 
Russell,  J.  H. 

Scheller,  V.  A, 

Schilling,  F.  A.,  Dep.  Co.  Clk. 

Sex,  J.  P. 

Shortridge,  C.  M. 

Smith,  G.  D. 

Sullivan,  J.   W.,   City  Atty. 

Syer,  Robt.  R. 

Taylor,  B.  G. 

Thomas,  F.  L.,  Dep.  Dist.  Atty. 

Thornton,  D.  L. 

Tompkins,  S.  G. 

Tuttle,  Hiram  D. 

Waldorf,  G.  W. 
Wallace,  Jno.  T. 
Welch,  J.  R.,  Supr.  Judge. 
Wilcox  &  Burnett. 
Wilcox,  Edwin  A. 
Witten,  C.  L. 
Wooster,  C.  B. 
Wretraan,  Niles  E. 
Wright,  C.  D. 
Wright,  R.  M. 

SAN  LEANDRO,  Alameda  Co.— 
Dignan,  F.  W. 
Frank,  J.  N. 
Jones,  H.  P. 
Rogers,  A.  A. 

SAN  LORENZO,  Alameda  Co.— 
McConaghy,  N.  A. 

SAN  LUIS   OBISPO,   San  Luis   Obispo 
Co.— 

Burnett,  James  K. 
Campbell,  A.  E. 
Carpenter,  H.  H.,  Clk.  Supr.  Ct. 
Carpenter   &  Gibbons. 
Enos,  L.  A. 
Faulkner,   F.   A. 
Genter,  I.  S. 
Gregg,  P.  M. 
Jacks  &  Kibbe. 
Kaetzel,  Chas. 
Lamy  &  Putnam. 
Nelson,  A. 

Norton,  T.  A.,  City  Atty. 
Palmer,  C.  A.,  Dist.  Atty. 
Putnam,  R.  W. 
Rhodes,  Thomas. 
Shipsey,   Wra. 
Spencer,  W.  H. 
Swinnerton,  S.  M. 
Unangst,  E.  S.,  Supr.  Judge. 
Wright,   S.   V. 


SAN  MATEO,  San  Mateo  €o.— 
Gordon,  Joseph   C. 
Kirkbride,  C.  N. 
Kirkbride  &  Gordon. 
McCurdy,  J.  E. 
Ross  &   Ross. 
Styles,  Harry  E. 

SAN  PEDRO,  Los  Angeles  Co.— 
Fleming,  Frank. 
Goodspeed,  Richard  C. 
Savage,  W.  H. 
Stephens,  Jesse  E. 
Stevenson,  Thos.  B. 
Stieglitz,  H. 

SAN  RAFAEL,  Marin  Co.— 

Angellotti,    F.   M.,   Jus.    Supm.    Ct. 

Boyd,  T.  P.,  Dist.  Atty. 

Butler,  E.  L 

Byrnes,  Chas. 

Dufficy,  M.  C. 

Hawkins,  J.   K.,  City  Atty. 

Keyes,  James  W. 

Lennon,    Thos.    J.,    Judge    Ct.    of 
Appl. 

Mahony,  W.  H. 

Martinelli,  E.  B. 

Rigby,  W.  Jr. 

Zook,  Edgar  T.,  Supr.  Judge. 
SANTA  ANA,  Orange  Co.— 

Anderson,  Jno.  N. 

Bell,  J.  H. 

Billingsley,  R. 

Bishop,  C. 

Daniel,  F.  O. 

Daniel,  Lee. 

Davis,  S.  M. 

Finley,  S.  S. 

Forgy,  Horatio  J. 

Harding,  D.  F. 

Head,  H.  C. 

Heathman,  W.  F. 

Keech  &  Davis. 

Langley,  E.  T. 

Kingston,  C  A. 

McFadden,  A.  J. 

Rutan,  A.  W. 

Scarborough  &  Forgy. 

Simon,  W.  W. 

Smith,  J.  P. 

Thomas,  W.  H. 

Towner,  J.  W. 

West,  L.  A.,  Dist.  Attv. 

West,  Z.  B.,  Supr.  Judge. 

Williams,  B. 

Williams,  R.  Y. 
SANTA     BARBARA,     Santa     Barbara 

Co.— 

Buck,  M.  H. 

Butcher,  W.  P.,  City  Atty. 

Canfield  &  Starbuck. 


1340 


HILLYER^S   LEGAL   MANUAL. 


SANTA     BARBARA,     Santa     Barbara 
Co. — Continued. 
Oanfield,   R.  B. 
Colby,  J.  L. 

Crow,  S.  E.,  Supr.  Judge. 
Gammill.  W.  C. 
Gould,  Geo.  H. 
Griffith,  Wm.  G. 
McGrath,  E.  R. 
Perkins,  J,  J. 
Perrigo,  G.  A. 
Richards  &  Carrier. 
Rizor,  E.  A. 
Schauer,  F.   H. 
Smith,  J.   Will. 
Squire,  E.  W. 
Squire,  John  J. 
Storke,  C.  A. 
Thomas,  B.  F. 
Thompson,  C.  A. 

SANTA  CLARA,  Santa  Clara  Co.— 
Albertson,  L.  A. 
Kimberlin,  H.  V. 

SANTA  CRUZ,  Santa  Cruz  Co.— 
Atterage,  L.  J. 
Aydelotte,  W.  M. 
Bias,  H.  J. 
Carpenter,  F.  J. 
Cassin,   C.   M. 
Clark,  D.  C. 
Davids,  H.  R. 
Gardner,  W.  M. 
Houck  &  Crittenden. 
Jeter,  W.  T. 
Knight,  Ben.  K. 
Kramer,  E.   C. 
Leonard,  J.  H. 
Logan,  J.  H. 
Martin,  Ed. 
Mitchell,  A.  E. 
Netherton,  W.  P. 
Osborn,  H.  R. 
Rittenhouse,  Emmett  C. 
Rittenhouse  &  Johnson. 
Smith,  L.  F.,  Supr.  Judge. 
Smith,  L.  F.  Jr. 
Smith,  Ralph. 
Stanley,  Geo.  F. 
Storey,  W.   D. 
Wanzer,  J.  O. 
Wheeler,  J.  S. 
Younger,  C.  B. 

SANTA  M  \RIA,  Santa  Barbara  Co.— 
Armstrong^  C.  U. 
Bigler,  A.  B. 
Conkey,  J.  F. 
Finley,  T.  R. 
Leslie,  A. 

Preisker  &  Preisker. 
Preisker,  Thos. 


SANTA  MONICA,  Los  Angeles  Co. 
Bashore,    Ellis. 
Hutton,  G.  H.,  Supr.  Judge. 
Odell,  Robt.  A. 
Palmer,   W.  M. 
Taft,  H.  W. 
Tanner,  Taft  &  Oddell. 
Wagner,  Frank  G. 
Weber,  Arthur  A. 

SANTA  PAULA,  Ventura  Co.- 
Blanchard,  Arthur  H. 

SANTA  ROSA,  Sonoma  Co.— 
Barham,  J.  A. 
Berry,  J.  P. 
Butts,  T.  J. 

Campbell,  Jno.  Tyler. 
Campbell,  R. 
Comstock,  Hilliard. 
Cowan,  W.  F. 
Crawford,  R.  F. 
Denny,  T.  C,  Supr.  Judge. 
Dougherty,  S.  K. 
Fulwider.  L.  E. 
Gale,  D.  R. 
Geary,  T.  J. 
Hoyle,  G.  W. 
Johnson,  A.  M. 
Juilliard,   L.  W. 
Kellogg,  F.  H. 
Kellogg,  L.  B. 
Lea,  C.  F. 
Lemmon,  F.  G. 
Leppo,  J.   R. 
McConnell,   W.   E. 
Martin,  F.  McG.  (Mrs.) 
Oates,  James  W. 
Pressley,  L.   A. 
Schlotterback,  P.  L. 
Seawell,  E,,  Supr.  Judge. 
Thompson,  J.  M. 
Thompson,  R,  L. 
Vaughn,  M.  T. 
Ware,  A.  B. 
Ware,  Philip. 
Weske,  H.  W.   A.  Jr. 

SAUSALITO,  Marin  Co.— 
Meldon,  O.  F. 
Pistolesi,   L.    C. 
Vincilion3,   P. 

SAWTELLE,  Los  Angeles  Co.— 
Bowers,  W.   H. 
Ewing,  R.   C. 

SEBASTOPOL,    Sonoma    Co.— 
Libby,  Geo. 
Perrier,  C.  R. 
Perrier  &  Libby. 
Scott,  L.  G. 


ATTORNEYS  AT  LAW. 


1341 


SELMA,  Fresno  Co.— 
Good,  W.  B. 
Laughiin,  E.  C. 
Eichards,  E.  S. 
Shepard,  E.  E. 
Smith,  J.  H. 

SIERRA  CITY,  Sierra  Co.— 
Deerwater,  D.  W. 

SIERRA  MADRE,  Los  Angeles  Co.— 
Bridges,  H.  F. 
Montgomery,  C.  C. 
Moote,  F.  D.  R. 

SISSON,  Siskiyou  Co.— 

Haese,  Otto  L. 

McGuinness,  Henry. 

Ney,  John. 
SONOMA,  Sonoma  Co.— 

Oowgill,  C.  C. 

Duhring,   F.    T. 

Mathewson,   H.  P. 

Poppe,  R.  A, 

Sprague.   Frank. 
SONORA,  Tuolumne  Co.— 

Curtin,  J.  B.,  State  Senator. 

Hampton,  C. 

Hardin,  Rowan,  Dist.  Atty. 

Holland,  E.  W. 

Nicol,  G.  W.,  Supr.  Judge. 

Otis,  F.  P. 

Segerstrom,  Chas.  H. 

Webster.  J.  C. 

SOUTH     PASADENA,     Los     Angeles 

Co. — 

Hamm,  J.  C. 

Hazlett,   Wm. 

Moore,  R.  A. 
STANFORD   UNIVERSITY— 

Hohfeld,  Wesley  H. 
STOCKTON,  San  Joaquin  Co.— 

Ashley,  A.  H. 

Beardsley,  R.  L. 
Berry,  B. 
Bluett,  Stephen. 
Buck,  Geo.  F. 
Budd,  J.  E. 
Carpenter,  A.  H. 
Case,  C.  C. 
Clary  &  Louttit. 
Dodge,  R.  W.  ' 

Foltz,  Edw.  P. 
Freitas,  Law  T. 
Gill,  CM. 

Graham,  E.  D.,  Co.  Clk. 
Grimm,  Max. 
Henry,  M.  J. 
Housken,   F.  O. 
Jones,  Hon,    E.   J. 


STOCKTON,    San    Joaquin    Co.-Con- 
tinned. 
Kile,  J.  M. 
Leistner,  G.  W. 
Levinsky,  A.  L. 
Light,  Chas. 
Little,  J.  P. 
McNoble,  G.  F. 
McNoble,  H.  B. 
Marceau,  D.  C. 
Marrs,  O.  L. 
Miller,  C.  W. 
Minor,  R.  O. 
Newmiller,  C.  L. 
Norton,  C.  W.,  Supm.  Judge. 
Nutter,  W.  B. 
Nutter  &  Orr. 
Orr,  M.  F. 
Parker,  A.  C. 
Parkinson,  0.  B. 
Plummer,  J.  A.,  Supr.  Judge. 
Rendon,  C.  P. 
Rutherford,  W.  N. 
Seanlon,  A,  V. 
Smith,  F.  H.,  Supr.  Judge. 
Spurrier,    S.    M. 
Stanley,  H.  C. 
Stewart,  Gordon  A. 
Von  Detten,  Otto,  City  J.  P.     • 
Van  Vranken,  Edw. 
Washington,  W.  A. 
Webster  &  Webster. 
White,  A.  C. 
Wilson,  John  A. 
Wulff,  B. 
Young,  D.  M. 

SUISUN,  Solano  Co.— 

Buckles,  A.  J,,  Supr.  Judge. 

Devlin,  R.  Frank. 

Goodell,  B.  J. 

Goodman,  W.  U. 

Gregory,  T.  T.  C. 

Harlan,  Paul  C. 

Hunnewell,  R.  F. 

Mclnnis,  F.  C. 

Raines,  Joseph  M.,  Dist.  Atty. 

SUSANVILLE,  Lassen  Co.— 

Arnold,  M. 

Boardman,  W.  M. 

Burroughs,  H.  D.,  Supr.  Judge. 

Johnson,  G.  P.,  Dist.  Atty. 

Kelley,  Frank  A. 

Pardee  &  Pardee. 

Rankin  &  Julian. 

Rankin,  R:  M. 

Sharp,  J.  T. 
SUTTER  CREEK,  Amador  Co.— 

Curts,  John  G. 

McGee,  W.  J. 

Rose,  W.  L. 


1342 


HILLYER'S  LEGAL   MANUAL. 


TOMALES,  Marin  Co.— 

Keyes,  James  W. 
TRACY,  San  Joaquin  Co.— 

Housken,  F.  O. 
TROPICO,  Los  Angeles  Co.— 

Burch,  N.  C. 
TRUCKEE,  Nevada  Co.— 

Gleeson,  P.  F. 

Kelley  &  Kelley. 

McGlasham,   C.  F. 

Rutherford,  Frank  M. 
TULARE,  Tulare   Co. 

Davis,  J.  W. 

DeWitt,  W.  M.,  J.  P. 

Gill,  Geo.  F. 

Russell,  Calvin  L. 

Scott,  C.  R. 

Zartman,  G.  W. 
TURLOCK,    Stanislaus    Co.— 

Fowler,  R.  R. 

Harris  &  Johnson. 

UKIAH,  Mendocino  Co.— 
Carothers,  T.  L. 
Duncan,  Robt.,  Dist.  Atty, 
Hale,  Theodore  P. 
Henley,  Ed.  V. 
Henley,  Lapsey  C. 
Hirsch,  M. 
Iverson,  M.  H. 
McCowen,  Hale,  Clk.  Ct. 
McCowen,  Hale,  Jr. 
Mannon,  J.  M. 
Mannon  &  Mannon,  J. 
McNab  &  Hirsch. 
Pemberton,  J.  E. 
Peirsol,  J.  K. 
Poage,  W.  G. 
Preston,  J.  W. 
Preston  &  Preston. 
Red  wine,  Geo.  E. 
Ruddock,  J.  C. 
Thomas,  W.  P. 
Thomas  &  Thomas. 
Weldon  &  Held. 
White,  J.  Q.,  Crim.  Supr.  Judge. 

VACAVILLE,  Solano  Co.— 

McMillan,  R.  B. 

Reynolds,  Thos.  E. 

Tate,  H.  P. 
VALLEJO,  Solano  Co.— 

Devlin,  R.  Frank, 

Foster,  W.  W. 

Greenwood,  H.  V. 
-  Harrier,  L.  G. 

Hilton,  Oscar  T. 

Lindauer,   Arthur. 

Lynch,  P.  B. 

O'Donnell,  W.  T. 


VALLEJO,  Solano  Co. — Continued. 

O'Leary,  J.  H. 

Raines,  Jos.  M. 
VENICE,  Los  Angeles  Co.— 

Hanna,  Byron  C. 

Parker,  Force. 
VENTURA,  Ventura  Co.— 

Barnes,  W.  H. 

Blackstock,  C.  F. 

Bowker,  Don  G.,  Dist.  Atty. 

Clarke,  R.  M.,  Superior  Judge. 

Ewing,  F.  W. 

Farrand,  G.  E. 

Gardner,   E.   S. 

Knox,  Clay  G. 

Moss,  E,  E. 

Orr,  H.  F. 

Orr,  Orestes. 

Rodgers,  M.  J. 

Selby,  L. 

Shepherd,  W.  E. 

Sheridan,  R.  M. 

Stewart,  L  W. 
VISALIA,  Tulare  Co.— 

Allen,  J.  A.,  Supr.  Judge. 

Bagby,  Earl  A. 

Bradley,  N.  O. 

Bradley  &  Bradley. 

Burke,  Jas.  M. 

Clack,  J.  S. 

Clark,  T.  E.  ' 

Daggett,  A. 

Edwards,  D.  M. 

Edwards  &  Smith, 

Farnsworth,  E,  C. 

Feemster,  E.  I. 

Gray,    Wheaton    A.,    Jus.    Dist.    Ct. 
Appl. 

Hannah,  J.  A. 

Hannah  &  Miller. 

Lamberson,  Chas.  G. 

Lamberson   &   Lamberson. 

Larkin,  E.  0. 

Larkin  &  Feemster. 

McClure,  H.  B. 

McFadzean,  Danl. 

Machetanz,  Karl  A. 

Miller,  H.  T. 

Perkins,  D.  E. 

Power,  M.   E. 

Power  &  McFadzean. 

Walker,  Ralph. 

Wallace,  W.  B.,  Supr.  Judge. 

WALNUT   CREEK,  Contra  Costa  Co. — 

Ormsby,  A.  S. 
WATSONVILLE,  Santa  Cruz  Co.— 

Dickman,  A. 

Gaffey,  T.  J. 

Hall,  J.  A. 

Hudson  &  Burke. 


ATTORNEYS   AT   LAW. 


1343 


WATSONVILLE,  Santa  Cruz  Co.— Con- 
tinued. 

Kelly,  Edw. 

MeSherry,  Patrick  J. 

Maher,  David  F. 

Maloy,  J.  L. 

Sans,  A.  W. 

Sheehy,  Phil. 

Smith,  Geo.  W. 

Taylor,  Chas.  R. 

Wyckofle,  A.  C. 

Wyckoff  &  Gardner. 
WATTS,  Los  Angeles  Co.— 

Mardock,  J.   E. 

Shoaff,  P. 

WEAVERVILLE,  Trinity  Co.— 

Bartlett,  Jas.  W.,  Judge. 

Given,  H.  R. 

Reid,  John  S. 

White,  C.  Wm. 
WHITTIER,  Los  Angeles  Co.— 

Graham,  Ralph  F. 

Holland,  H.  W. 

McCaslin,  M.  G. 

Meek,  Dudley. 

Moore,  A. 

Owens,  M.  T. 

Woodward,  R.  R. 
WILLITS,  Mendocino  Co.— 

Goldberg,  C.  H. 

Whitney,  E.  M. 
WILLOW,  Glenn  Co.— 

Albery,  H.  M.  Jr. 

Belieu,  W.  T. 

Bell,   Harry, 

Bordner,   R.  O. 

Donohoe,  C.  L. 

Farnham,  L.  P. 

Finch,  W.   M.,  Supr.  Judge. 

Freeman,   F. 

Freeman,  Geo.  R. 

Geis,  Ben.  F. 

Geis,  Durand  F. 

Moody,  Frank. 

Parks,  Geo.  M. 

Purkitt,  C.  F.,  Dist.  Atty. 

Sale,  W.  H.,  Co.  Clk. 

West,  Glenn. 
«     Zumwalt,  A.  J, 
WILMINGTON,  Los  Angeles  Co.— 

Carter,  Henry  E. 

Eubank,  C.  H. 


WINTERS,  Yolo  Co.— 
Cowgill, 
Wilson,  Clarence  L. 

WOODLAND,  Yolo  Co.— 
Anderson,  W.  A. 
Armfield,  Elmer. 
Bailey,  A.  G. 
Bailey  &  Wilson. 
Bruton,  P. 
Craig,  Jos. 
Gaddis,  E.  E. 
Gibbs,  Guy  V 
Grant,  W.  H. 
Hare,  James  L. 
Hawkins,  N.  A.,  Supr.  Judge. 
Hillhouse,  Byron. 
Hurst  &  Hurst. 
Huston,  A.  C. 
Huston,  H.  L. 
Julian,  Grove  C. 
Julian  &  Gibbs. 
Phillips,  Welton,  J. 
Strong,  J.  E. 
Thomas,  C.  W. 
Thomas,  C.  W.  Jr. 
Whitney,  E.  V.  (Mrs.) 
Whitney,  G.  W. 

YREKA,  Siskiyou  Co.— 
Butler,  C.  E. 
Coburn,  L.  F. 
Collier,  B.  K. 
Fairchild,  J.  D. 
Farraher,  Jas.  F. 
Gillis,  C.  E. 
Jared,  E.  F. 
Hooper,  Frank  W. 
Lodge,  Jas.  F.,  Supr.  Judge. 
Luttrell,  Chas.  J. 
Raynes,  H.  R. 
Stafford,  J.  L 
Strother  &  Jared. 
Tapscott,  Jas.  R. 
Taylor  &  Tebbe. 
Tebbe,  Geo.  A. 

YUBA  CITY,  Sutter  Co.— 
Green,  D.  D.,  Clk.  Ct. 
Hewitt,  A.  H. 
McLaughlin,  A.  C. 
Mahon,  K.  S.,  Supr.  Judge. 
Sanborn,  M.  E. 
Schilling,  L.,  Dist.  Atty. 


1344 


HILLYER'S  LEGAL    MANUAL. 


ABSTRACTERS  OF  TITLE. 


ALAMEDA — Alameda  County  Abstract 
Co.,  Oakland;  John  McCarthy, 
President  and  Manager.  Oakland 
Title  and  Abstract  Co.,  Oakland. 
Stocker  and  Holland  Abstract  Co., 
Oakland;  A.  P.  Holland,  President. 

ALPINE— Frank  Smith;  Fred  S.  Dun- 
lap,  (Markleeville). 

AMADOR — M.  E.  Fontenrose,  Jackson. 

BUTTE— W.  T.  Baldwin,  Oroville. 

CALAVERAS— W.  A.  Dower,  San  An- 
dreas. 

COLUSA— J.  B.  De  Jarnott  &  Son;  J. 
W.  W.  Goad;  B.  D.  Beckwith. 

CONTRA  COSTA— Contra  Costa  Ab- 
stract and  Title  Co.,  Martinez;  A. 
E.  Dunkel,  Manager.  Martinez  Ab- 
stract and  Title  Co.,  Martinez,  Chas. 
G.  Bacon,  Manager. 

DEL  NORTE— County  Recorder. 

EL  DORADO— Pierce-Bosquit  Abstract 
and  Title  Company. 

FRESNO— Fresno  County  Abstract  Co., 
1117  K  St.,  Fresno;  W.  W.  Eden, 
Secretary  and  Manager.  San  Joa- 
quin Abstract  Co.,  1156  J.  St., 
Fresno;  Jarvis  Streeter  Jr.,  Sec- 
retary and  Manager. 

GLENN— John  H.  Graves,  Willows. 

HUMBOLDT— Belcher  &  Crane  Co., 
Eureka. 

IMPERIAI^-People's  Abstract  & 
Trust  Co.,  El  Centre. 

INYO— Frank  C.  Scherrer  and  C.  I. 
MacFarlane  (both  at  Independ- 
ence). 

KERN — Title  Assurance  Company  of 
Kern  Co.,  Bakersfield;  Chas.  P. 
Clark,  Manager. 

KINGS— J.  H.  Farley;  Hanford  Ab- 
stract Co.;  and  Kings  Co.  Abstract 
Company. 

LAKE — Lake  County  Title  &  Abstract 
Co.,  Lakeport;  Geo.  H.  Neal,  Sec- 
retary. 

LASSEN— Lassen  County  Title  &  Ab- 
stract Co.,  Susanville;  Miss  L.  A. 
Lowe,  Secretary. 


LOS  ANGELES— California  Title  Guar- 
anty Co.,  329  W.  Third  St.,  Los 
Angeles.  Los  Angeles  Abstract  & 
Trust  Co.,  325  So.  Hill  St.,  Los 
Angeles;  L.  J.  Selby,  Secretary  and 
Manager.  Title  Insurance  &  Trust 
Co.,  T.  I.  &  T.  Building,  Los  An- 
geles; Lee  C.  Gates,  Chief  Counsel. 
Title  Guarantee  &  Trust  Co. 

MADERA— Madera  Abstract  Co.,  Ma- 
dera; E.  M.  McCardle,  Secretary 
and   Manager. 

MARIN — Abstract  and  Record  Search- 
ing Co.,  San  Rafael.  Abstract  and 
Title  Co.,  San  Rafael. 

MARIPOSA— F.  A.  Bondsho;  W.  E. 
Gallison;  Alice  C.  Corcoran;  L.  J. 
Harris,  c/o  Recorder. 

MENDOCINO— Ukiah  Guarantee  Ab- 
stract and  Title  Co.,  Ukiah;  P.  Con- 
nolly, President. 

MERCED— Abstract  Title  and  Invest- 
ment Co.,  Merced;  W.  E,  Morton, 
Manager.  Simonson  and  Harrell, 
Merced. 

MODOC — Modoc  Abstract  Co.,  Alturas. 

MONO — Geo.  Delaney,  County  Recorder 
(at    Bridgeport). 

MONTEREY— Salinas  Abstract  Co., 
Salinas. 

NAPA — Guarantee    Abstract    Company 

of  Nq,pa,  Napa. 
NEVADA — Pierce-Bosquit  Abstract  and 

Title  Company     (Nevada    City). 

ORANGE— Orange  County  Title  Co., 
Santa  Ana.  Abstract  and  Title 
Guaranty  Co.,  Santa  Ana. 

PLACER — Placer  County  Abstract  and 
Title  Co.,  Auburn. 

PLUMAS— Plumas  Co.  Abstract  Com- 
pany   (Quincy). 

RIVERSIDE — Riverside  Abstract  Co., 
Riverside;  Raymond  Best,  Man- 
ager. Riverside  Title  and  Trust 
Co.,  Riverside;  Chas.  E.  Johnson, 
Manager.  Union  Title  &  Abstract 
Co.,  Riverside. 

SACRAMENTO— Buckley-Gerber  Ab- 
stract and  Title  Co.,  Sacramento; 
F.      X.       Wiesenhofer,      Manager. 


ABSTRACTERS  OF  TITLE. 


1345 


SACRAMENTO— Continued. 

Pierce-Bosquit  Abstract  and  Title 
Co.,  905  Sixth  St.,  Sacramento; 
Ross  E.  Pierce,  Manager.  Sac- 
ramento Abstract  and  Title  Co., 
701  I  .St.,  Sacramento;  John  R.  La 
Rue,  Secretary  and  Treasurer. 

SAN  BENITO— G.  W.  McConnell 
(Hollisiter). 

SAN  BERNARDINO  —  Consolidated 
Abstract  and  Title  Guaranty  Co., 
San  Bernardino;  A.  L.  Sloan,  Man- 
ager. Pioneer  Abstract  and  Title 
Guaranty  Co.,  San  Bernardino;  W. 
N.  Glascock,  Assistant  Manager. 
Redlands  Abstract  and  Title  Guar- 
anty Co.,  Redlands. 

SAN  DIEGO— Union  Title  and  Trust 
Co.,  903  Fourth  St.,  San  Diego; 
John  R.  Forward,  Manager. 

SAN  FRANCISCO— California  Pacific 
Title  and  Trust  Co.,  California-Pa- 
cific Building,  San  Francisco;  Mur- 
ray F.  Vandall,  Manager.  Stand- 
ard Title  Insurance  Co.,  Mills 
Building,  San  Francisco;  Livingston 
Jenks,  President  and  Manager. 
Title  Insurance  &  Guaranty  Co., 
250  Montgomery  St.,  San  Francisco; 
A.  J.   Carmany,  Manager. 

SAN  JOAQUIN— San  Joaquin  County 
Abstract  Co.,  Stockton;  E,  D.  Tay- 
lor, Manager. 

SAN  LUIS  OBISPO— E.  R.  Rogers;  Ab- 
stract and  Title  Bureau;  San  Luis 
Obispo  Abstract  Co. 

SAN  MATEO— The  Abstract  of  Title 
Company  of  San  Mateo  County, 
Redwood  City;  R.  F.  Chilcott,  Sec- 
retary and  Manager.  J.  F.  John- 
ston Abstract  Co.,  Rewood  City; 
R.  H.  Curran,  Manager.  Geo.  H. 
Rice  Abstract  Co.,  Redwood  City; 
C.  M.  Doxsee,  Manager. 

SANTA  BARBARA— Santa  Barbara 
Abstract  and  Guaranty  Co.,  Santa 
Barbara. 

SANTA  CLARA— San  Jose  Abstract 
Co.,  San  Jose;  L.  P.  Edwards,  Man- 
ager. 


SANTA  CRUZ— L.  J.  Dake;  Santa  Cruz 
Law  and  Abstract  Company,  4 
Cooper  Place;  also,  J.  O.  Wanler. 

SHASTA— Carl  R.  Briggs  Abstract  and 
Title  Co.,  Redding;  Carl  R.  Briggs, 
Manager. 

SIERRA— Wehe  &  Redding;  H.  E.  Quig- 

ley.  County  Recorder;  Jas.  F.  Hunt 

(Downieville). 
SISKIYOU— Butler  &  Butler,  Siskiyou 

Abstract  Company    (Yreka);  8.  W. 

Armstrong. 

SOLANO— J.  P.  Griffiths  Abstract  and 
Title  Co.,  Fairfield;  J.  P.  Griffiths, 
Manager.  Solano  County  Abstract 
Co.,  Fairfield;  Jas.  N.  Watson,  Sec- 
retary. 

SONOMA — Sonoma  County  Abstract 
Bureau,  Santa  Rosa;  F.  H.  Kellogg, 
President. 

STANISLAUS— Modesto  Title  Ab- 
stract Co.,  Modesto;  B.  C.  Hawkins, 
Secretary.  Stanislaus  Land  and 
Abstract  Co.,  Modesto;  Martin  R. 
Green,  Attorney. 

SUTTER— A.  H.  Hewitt,  D.  D.  Green 
&  Williams  (Yuba  City). 

TEHAMA— W.  L.  Bradford;  J.  N.  True 
(Red  Bluff). 

TRINITY— H.  L.  Lowden,  Trinity  Real 
Estate  and  Abstract  Company 
(Weaverville). 

TULARE— Abstract  and  Title  Guar- 
anty Co.,  Visalia.  Tulare  County 
Abstract  Co.,  Visalia;  A.  D.  Wil- 
son, Manager.  Visalia  Abstract 
Co.,  Visalia;  J.  H.  Bliss,  Manager. 

TUOLUMNE— Son  ora  Abstract  and 
Trust  Company    (Sonora). 

VENTURA— Ventura  Abstract  Co., 
Ventura. 

YOLO— Yolo  County  Title  Abstract 
Company  (Woodland). 

YUBA— Yuba  County  Abstract  Com- 
pany; Chas.  J.  Covilland,  Attorney 
at  Law,  Peri  Block   (Marysville). 


NOTE. — The  officers  named  above  represented  their  respective  companies 
at  the  last  convention. 
85 


1346 


hillyer's  legal  manual. 


LIST  OF  NEWSPAPERS. 

(For  Publication  of  Legal  Notices) 


ALAMEDA  COUNTY— Oakland. 

"Oakland   Tribune,"   daily. 
ALPINE  COUNTY— Markleeville. 

No    paper.     See    Jackson,    Amador 
County. 
AMADOR   COUNTY— Jackson. 

"Amador  Dispatch,"  weekly,  Fri- 
day. 

BUTTE  COUNTY— Oroville. 

"Oroville  Register,"  daily  except 
Sunday. 

CALAVERAS  COUNTY— San  Andreas. 
"Calaveras  Citizen,"  weekly,  Satur- 
day. 
COLUSA  COUNTY— Williams. 

"The  Farmer,"  weekly,  Saturday. 
CONTRA  COSTA  COUNTY— Martinez. 
"Martinez  Standard,"  daily  except 

Sundays. 
"Contra    Costa    Standard,"   weekly, 
Saturday. 

DEL  NORTE  COUNTY— Crescent  City. 
"Del  Norte  Record,"  weekly,  Satur- 
day. 

EL  DORADO  COUNTY— Placerville. 
"Republican  and  Nugget,"  daily  ex- 
cept Sunday. 
"El   Dorado    Republican    and   Nug- 
get," weekly,  Friday. 

FRESNO  COUNTY— Fresno. 

"Fresno  Republican,"  daily. 

GLENN  COUNTY— Willows. 

"Journal,"  daily  except  Sunday. 

HUMBOLDT  COUNTY— Eureka. 
"Eureka  Herald,"  daily. 
"Californian,"   weekly,  Saturday. 

IMPERIAL  COUNTY— El  Centro. 

"Imperial  Valley  Press,"   daily  ex- 
cept Sunday. 
INYO  COUNTY— Independence. 

"The  Inyo  Independent,"  weekly, 
Friday. 

KERN  COUNTY— Bakersfield. 

"Bakersfield  Californian,"  daily  ex- 
cept Sunday. 

"California  Oil  World,"  weekly, 
Thursday. 


KINGS  COUNTY— Hanford. 

"Hanford    Journal,"    daily    except 
Sunday. 

LAKE  COUNTY— Lakeport. 

"Clear  Lake  Press,"  weekly,  Satur- 
day. 
LASSEN  COUNTY— Susanville. 

"Lassen  Advocate,"  weekly,  Friday. 
LOS    ANGELES     COUNTY— Los    An- 
geles. 

"Los  Angeles  Examiner,"  daily. 
"Los  Angeles  Times,"  daily. 

MADERA  COUNTY— Madera. 

"Madera    Mercury,"    daily    except 
Sunday. 
MARIN  COUNTY— San  Rafael. 

"San  Rafael  Independent,"  weekly, 
Tuesday. 
MARIPOSA  COUNTY— Mariposa. 

"Mariposa  Gazette,"  weekly,  Satur- 
day. 
MENDOCINO— Ukiah. 

"Ukiah  Dispatch  Democrat,"  week- 
ly, Friday. 
MERCED    COUNTY— Merced. 

"Merced    Sun,"    daily    except    Sun- 
day. 
"Merced    Express,"   weekly,    Satur- 
day. 
MODOC— Alturas. 

"Alturas     Plain     Dealer,"     weekly, 
Friday. 
MONO  COUNTY— Bridgeport. 

"Bridgeport      Chronicle,"      weekly, 
Saturday. 
MONTEREY  COUNTY— Salinas. 

"Salinas    Democrat,"    daily    except 

Monday. 
"Monterey       County       Democrat," 
weekly,  Friday. 

NAPA  COUNTY— Napa. 

"Napa  Journal,"  daily  except  Mon- 
day. 
NEVADA  COUNTY— Nevada  City. 

"Nevada   Transcript,"  daily  except. 
Sunday. 

ORANGE  COUNTY— Santa  Ana. 

"Santa    Ana    Register,"    daily,    ex- 
cept   Sunday. 


LIST  OF   NEWSPAPERS, 


1347 


PLACER  COUNTY— Auburn. 

"Placer  County  Eepublican,"  week- 
ly, Thursday. 
PLUMAS  COUNTY— Quincy. 

"Plumas  Independent,"  weekly, 
Wednesday. 

RIVERSIDE  COUNTY— Riverside. 

"Riverside  Enterprise,"  daily  ex- 
cept Monday. 

"Arlington  Times,"  weekly,  Thurs- 
day. 

SACRAMENTO  COUNTY— Sacra- 
mento. 

"Sacramento  Bee,"     daily     except 

Sunday. 

"Sacramento  Journal,"  weekly, 
Saturday. 

SAN  BENITO— Hollister. 

"Hollister   Free    Lance,"    daily   ex- 
cept  Sunday. 
"Hollister  Bee,"  weekly,  Friday. 
SAN    BERNARDINO    COUNTY— San 
Bernardino. 

"San  Bernardino  Index,"  daily  ex- 
cept Sunday. 
SAN  DIEGO  COUNTY— San  Diego. 
"San  Diego  Sun,"  daily  except  Sun- 
day. 
"San  Diego  Herald,"  weekly,  Thurs- 
day. 
SAN       FRANCISCO       COUNTY— San 
Francisco. 

"San  Francisco  Chronicle,"  daily. 
"The  Star,"  weekly,  Saturday. 
SAN  JOAQUIN  COUNTY— Stockton. 
"Stockton  Mail,"  daily  except  Sun- 
day. 
"Stockton  News  Advocate,"  week- 
ly, Friday. 
SAN    LUIS     OBISPO     COUNTY— San 
Luis    Obispo. 

"San    Luis   Obispo    Tribune,"    daily 
except  Monday. 
SAN  MATEO  COUNTY— Redwood  City. 
"Redwood       Democrat,"       weekly, 
Thursday. 
SANTA    BARBARA    COUNTY— Santa 
Barbara. 

"Santa  Barbara  Independent," 
daily  except  Sunday. 


SANTA  CLARA  COUNTY— San  Jose. 
"San  Jose  M-ercury,"  daily  except 
Sunday. 
SANTA  CRUZ  COUNTY— Santa  Cruz. 
"Santa   Cruz   News,"   daily   except 
Sunday. 
SHASTA  COUNTY— Redding. 

"Shasta  Searchlight,"  daily  except 
Monday. 
SIERRA    COUNTY— Downieville. 

"Downieville  Mountain  Messenger," 
weekly,  Saturday. 
SISKIYOU  COUNTY— Yreka. 

"Siskiyou    News,"    weekly,    Thurs- 
day. 
SOLANO  COUNTY— Fairfield. 

"Fairfield       Enterprise,"       weekly, 
Saturday. 
SONOMA  COUNTY— Santa  Rosa. 

"Santa     Rosa     Press     Democrat," 

daily  except  Monday. 
"Sonoma    County   Herald,"   weekly, 
Friday. 
STANISLAUS   COUNTY— Modesto. 
"Modesto     Herald,"     daily     except 
Monday. 
SUTTER  COUNTY— Yuba  City. 

"Sutter  County  Farmer,"  weekly, 
Friday. 

TEHAMA  COUNTY— Red  Bluflf. 

"Red    Bluff    News,"    daily    except 
Monday. 
TRINITY  COUNTY— Weaverville. 

"Trinity    Journal,"    weekly,    Satur- 
day. 
TULARE  COUNTY— Visalia. 

"Visalia  Times,"  daily  except  Sun- 
day. 
TUOLUMNE  COUNTY— Sonora. 

"Sonora  Banner,"  weekly,  Friday. 

YOLO  COUNTY— Woodland. 

"Woodland  Democrat,"  daily  ex- 
cept Sunday. 

"Yolo  Democrat,"  weekly,  Thurs- 
day. 

YUBA   COUNTY— Marysville. 

"Marysville  Appeal,"  daily  except 
Monday. 


1348  hillyer's  legal  manual. 


SENATORIAL  DISTRICTS. 

(For  Districts  not  included  below,  see  map  at  end  of  volume.) 

13th.  All  that  portion  of  the  county  of  Alameda  described  as  fol- 
lows, to  wit:  Beginning  at  a  point  where  the  line  dividing  Oakland 
and  Brooklyn  townships  intersects  the  northeasterly  boundary  line  of 
the  county  of  Alameda ;  thence  southwesterly  along  said  dividing  line 
to  the  northeasterly  boundary  line  of  the  city  of  Piedmont;  thence 
southeasterly  and  southerly  following  the  northern  and  eastern  bound- 
ary line  of  the  city  of  Piedmont  to  the  southeasterly  corner  thereof; 
thence  southwesterly  along  Thirteenth  avenue  to  the  center  line  of 
Fourteenth  avenue;  thence  southerly  along  the  center  line  of  Four- 
teenth avenue  to  the  center  line  of  Lincoln  street ;  thence  easterly  along 
the  center  line  of  Lincoln  or  East  Thirty-first  street  to  the  center  line 
of  Twenty-third  avenue;  thence  southerly  along. the  center  line  of 
Tw^enty-third  avenue  to  the  center  line  of  Sherman  street,  otherwise 
known  as  the  old  County  Road ;  thence  easterly  along  said  old  County 
Road  to  the  center  line  of  High  street ;  thence  easterly  along  center 
line  of  the  Foothill  Road,  or  County  Road  No.  3358,  to  the  center  line 
of  Grand,  or  Ninetieth  avenue ;  thence  southwesterly  along  said  line 
of  Ninetieth  avenue,  crossing  East  Fourteenth  street  to  the  center  line 
of  ''B,"  or  Second  street;  thence  easterly  along  said  "B"  street  to  the 
center  line  of  Jones,  or  Ninety-eighth  avenue ;  thence  southerly  along 
the  center  line  of  Jones,  or  Ninety-eighth  avenue,  to  the  center  line 
of  County  Road  No.  1995 ;  thence  southerly  along  center  line  of  County 
Road  No.  1995  to  the  line  dividing  Brooklyn  and  Eden  townships; 
thence  westerly  along  said  township  line  to  the  line  dividing  Brooklyn 
and  Alameda  townships;  thence  southerly  and  westerly  along  the 
boundary  line  of  Alameda  township  to  the  westerly  boundary  line  of 
Alameda  county;  thence  southerly  along  said  westerly  boundary  line 
to  its  intersection  with  the  northerly  boundary  line  of  Santa  Clara 
county ;  thence  easterly  along  the  boundary  line  dividing  Alameda  and 
Santa  Clara  counties  to  a  point  which  is  the  intersection  of  the  bound- 
ary lines  of  the  counties  of  Alameda,  Santa  Clara,  Stanislaus  and  San 
Joaquin;  thence  northwesterly  and  northerly  along  the  boundary  line 
between  the  counties  of  Alameda  and  San  Joaquin  to  a  point  where  the 
boundary  line  dividing  the  counties  of  Alameda  and  Contra  Costa  inter- 
sects the  westerly  boundary  line  of  the  county  of  San  Joaquin ;  thence 
in  a  southwesterly  and  northwesterly  direction  along  the  boundary  line 
between  the  counties  of  Alameda  and  Contra  Costa  to  the  point  of 
beginning. 

14th.  All  that  portion  of  the  county  of  Alameda  described  as  fol- 
lows, to  wit:  Beginning  at  a  point  where  the  w^esterly  boundary  line 
of  the  county  of  Alameda  is  intersected  by  the  line  dividing  Oakland 
and  Alameda  townships;  thence  easterly  along  said  dividing  line  to  a 
point  in  Oakland  harbor  where  said  line  is  intersected  by  the  line 
dividing  Oakland  and  Brooklyn  townships ;  thence  northerly  along  the 


SENATORIAL   DISTRICTS.  1349 

westerly  boundary  line  of  Brooklyn  township,  passing  through  the 
easterly  arm  of  Lake  Merritt  and  up  Indian  Gulch  to  the  northeasterly 
boundary  line  of  East  Oakland  Heights;  thence  southeasterly  along 
said  last  boundary  line  to  the  center  of  Thirteenth  avenue;  thence 
northeasterly  along  center  line  of  Thirteenth  avenue,  or  County  Road 
to  Moraga  Valley,  to  the  center  line  of  Fourteenth  avenue;  thence 
southerly  along  the  center  line  of  Fourteenth  avenue  to  the  center  line 
of  Lincoln  street ;  thence  easterly  along  the  center  line  of  Lincoln,  or 
East  Thirty-first  street,  to  the  center  line  of  Twenty-third  avenue; 
thence  southerly  along  the  center  line  of  Twenty-third  avenue  to  the 
center  line  of  Sherman  street,  otherwise  known  as  old  County  Road; 
thence  easterly  along  said  old  County  Road  to  the  center  line  of  High 
street;  thence  along  the  center  line  of  Foothill  Road,  or  County  Road 
No.  3358,  to  the  center  line  of  Grand,  or  Ninetieth  avenue ;  thence 
southerly  along  said  line  of  Ninetieth  avenue,  crossing  East  Fourteenth 
street  to  ''B,"  or  Second  street;  thence  easterly  along  said  ''B"  street 
to  the  center  line  of  Jones,  or  Ninety-eighth  avenue;  thence  southerly 
along  the  center  line  of  Jones,  or  Ninety-eighth  avenue,  to  the  center 
line  of  County  Road  No.  1995;  thence  southerly  along  center  line  of 
County  Road  No.  1995  to  the  line  dividing  Brooklyn  and  Eden  town- 
ships; thence  westerly  along  said  township  line  to  the  line  dividing 
Brooklyn  and  Alameda  townships ;  thence  southerly  and  westerly  along 
the  boundary  line  of  Alameda  township  to  the  westerly  boundary  line 
of  Alameda  county;  thence  northwesterly  along  the  westerly  county 
boundary  line  to  the  southerly  boundary  line  of  Oakland  township  and 
the  point  of  beginning. 

15th.  All  that  portion  of  the  county  of  Alameda  described  as  fol- 
lows, to  wit :  Beginning  at  a  point  where  the  northern  boundary  line 
of  the  city  of  Berkeley  intersects  the  northeasterly  boundary  line  of 
the  county  of  Alameda ;  thence  westerly  along  said  northern  boundary 
line  of  the  city  of  Berkeley  to  a  point  where  the  same  is  coincident 
with  the  center  line  of  Eunice  street ;  thence  westerly  along  the  center 
line  of  Eunice  street  to  the  center  line  of  Milvia  street;  thence  south- 
erly along  the  center  line  of  Milvia  street  to  the  center  line  of  Adeline 
street ;  thence  southerly  along  the  center  line  of  Adeline  street  to  the 
northerly  boundary  line  of  the  town  of  Emeryville;  thence  easterly, 
southerly  and  westerly  following  the  boundary  line  of  the  town  of 
Emeryville  to  the  center  line  of  San  Pablo  avenue;  thence  southerly 
along  the  center  line  of  San  Pablo  avenue  to  the  center  line  of  Broad- 
way; thence  southerly  along  the  center  line  of  Broadway  to  the 
northern  boundary  line  of  Alameda  township;  thence  easterly  along 
the  northern  boundary  line  of  Alameda  township  to  the  westerly  line 
of  Brooklyn  township,  the  same  being  a  point  in  Oakland  harbor; 
thence  northerly  along  the  westerly  boundary  line  of  Brooklyn  town- 
ship, passing  through  the  easterly  arm  of  Lake  Merritt  and  up  Indian 
Gulch  to  the  northeasterly  boundary  line  of  East  Oakland  Heights; 
thence  southeasterly  along  last  said  boundary  line  to  the  center  line 
of  Thirteenth  avenue;  thence  northeasterly  along  the  center  line  of 
Thirteenth  avenue,  or  County  Road  to  Moraga  Valley,  to  the  south- 


1350  hillyer's  legal  manual. 

eastern  corner  of  the  city  of  Piedmont ;  thence  northerly  and  westerly 
following  the  easterly  and  northerly  boundary  lines  of  the  city  of  Pied- 
mont to  the  line  dividing  Brooklyn  and  Oakland  townships;  thence 
northeasterly  along  the  last  said  township  line  to  the  boundary  line  of 
Alameda  county;  thence  northwesterly  along  the  county  boundary  line 
to  the  point  of  beginning. 

16th.  All  that  portion  of  the  county  of  Alameda  described  as  fol- 
lows, to  wit :  Beginning  at  a  point  where  the  northerly  boundary  line 
of  the  city  of  Berkeley  intersects  the  northeasterly  boundary  line  of 
the  county  of  Alameda ;  thence  westerly  along  said  northern  boundary 
line  of  the  city  of  Berkeley  to  a  point  where  the  same  is  coincident 
with  the  center  line  of  Eunice  street ;  thence  westerly  along  the  center 
line  of  Eunice  street  to  the  center  line  of  Milvia  street ;  thence  south- 
erl.y  along  the  center  line  of  Milvia  street  to  the  center  line  of  Adeline 
street;  thence  southerly  along  the  center  line  of  Adeline  street  to  the 
northerly  boundary  line  of  the  town  of  Emeryville;  thence  easterly, 
southerly  and  westerly,  following  the  boundary  line  of  the  town  of 
Emeryville  to  the  center  line  of  San  Pablo  avenue;  thence  southerly 
along  the  center  line  of  San  Pablo  avenue  to  the  center  line  of  Broad- 
way; thence  southerly  along  the  center  line  of  Broadway  to  the 
northern  boundary  line  of  Alameda  township;  thence  westerly  along 
the  line  dividing  Alameda  and  Oakland  townships  to  the  western 
boundary  line  of  the  county  of  Alameda ;  thence  northerly  along  the 
said  county  boundary  line  to  the  northern  boundary  line  of  the  county 
of  Alameda;  thence  easterly  following  the  northern  boundary  line  of 
the  county  of  Alameda  to  the  point  of  beginning. 

18th.  All  that  portion  of  the  city  and  county  of  San  Francisco 
described  as  follows:  Commencing  at  the  point  of  intersection  of 
Van  Ness  avenue  and  Market  street,  continuing  thence  along  the  center 
line  of  the  following  named  streets,  to  wit:  Market  to  the  waters  of 
the  bay  of  San  Francisco ;  thence  along  the  shore  line  northerly  to 
Filbert  street.  Filbert  to  Leavenworth,  Leavenworth  to  Broadway, 
Broadway  to  Van  Ness  avenue,  Van  Ness  avenue  to  Market  street,  the 
place  of  beginning,  together  with  all  the  waters  of  the  bay  of  San 
Francisco  and  the  islands  contained  therein,  situated  within  the  bound- 
aries of  the  city  and  county  of  San  Francisco. 

19th.  All  that  portion  of  the  city  and  county  of  San  Francisco 
bounded  as  follows :  Commencing  at  the  point  of  intersection  of  Maple 
and  California  streets,  continuing  thence  along  the  center  line  of  the 
following  named  streets:  California  to  Baker,  Baker  to  Pine.  Pine  to 
Laguna,  Laguna  to  Sutter,  Sutter  street  to  Van  Ness  avenue.  Van  Ness 
avenue  to  Broadway,  Broadway  to  Leavenworth,  Leavenworth  to  Fil- 
bert, Filbert  to  the  waters  of  the  bay  of  San  Francisco;  thence  along 
the  shore  line  of  said  bay  northerly  and  westerly  to  the  waters  of  the 
Pacific  ocean;  thence  along  said  shore  line  to  Lobos  creek  where  the 
same  enters  into  the  Pacific  ocean ;  thence  along  the  line  of  said  creek 
and  the  southerly  boundary  line  of  the  Presidio  Reservation  to  Maple 
street,  Maple  to  California,  the  place  of  beginning. 


SENATORIAL   DISTRICTS.  1351 

20th.  All  that  portion  of  the  city  and  county  of  San  Francisco 
bounded  as  follows:  Commencing  at  the  intersection  of  Pine  and 
Laguna  streets,  continuing  thence  along  the  center  line  of  the  follow- 
ing named  streets:  Laguna  to  O'Farrell,  O'Farrell  street  to  St.  Joseph 
avenue,  St.  Joseph  avenue  to  Turk,  Turk  to  Baker,  Baker  to  Oak  street,. 
Oak  street  to  Central  avenue,  Central  avenue  to  Buena  Vista  avenue, 
Buena  Vista  avenue  to  Frederick  street,  Frederick  to  Clayton,  Clayton 
street  to  Clarendon  avenue,  Clarendon  avenue  to  Burnett  avenue,  Bur- 
nett avenue  to  Palo  Alto  avenue,  Palo  Alto  avenue  to  the  easterly  line 
of  the  San  Miguel  rancho ;  thence  along  said  line  northerly  to  a  point 
opposite  Seventeenth  street;  thence  along  said  line  of  Seventeenth 
street,  if  extended,  to  Kirkham  street,  Kirkham  street  to  Locksley 
avenue,  Locksley  avenue  to  the  westerly  line  of  San  Miguel  rancho ; 
thence  along  said  line  to  Corbett  avenue  and  Sloat  boulevard;  thence 
along  said  line  of  the  Sloat  boulevard  to  the  waters  of  the  Pacific  ocean; 
thence  along  the  shore  line  of  said  ocean  northerly  and  easterly  to 
Lobos  creek;  thence  along  the  line  of  said  creek  and  the  southerly 
boundary  line  of  the  Presidio  Reservation  to  Maple  street,  Maple  to 
California,  California  to  Baker,  Baker  to  Pine,  Pine  to  Laguna,  the 
place  of  beginning,  together  with  the  islands  known  as  the  Farallon 
Islands. 

21st.  All  that  portion  of  the  city  and  county  of  San  Francisco 
bounded  as  follows:  Commencing  at  the  point  of  intersection  of  the 
center  line  of  Twenty-first  street  with  the  center  line  of  Dolores  street ; 
thence  along  the  center  line  of  the  following  named  streets,  to  wit : 
Twenty-first  to  San  Carlos  street,  San  Carlos  street  to  Eighteenth  street. 
Eighteenth  street  to  Shotwell  street,  Shotwell  street  to  Twenty-first 
street.  Twenty-first  street  to  Bryant  avenue,  Bryant  avenue  to  Army 
street,  Army  street  to  Mission  street.  Mission  street  to  Twenty-ninth 
street,  Twenty-ninth  street  to  Dolores  street,  Dolores  street  to  point 
of  beginning;  and  all  that  portion  of  the  city  and  county  of  San 'Fran- 
cisco bounded  as  follows:  Commencing  at  the  point  of  intersection  of 
Oak  and  Fillmore  streets ;  thence  along  the  center  line  of  the  following 
named  streets:  Fillmore  street  to  Duboce  avenue,  Duboce  avenue  to 
Church  street,  Church  street  to  Twenty-first  street.  Twenty-first  street 
to  Dolores  street,  Dolores  street  to  Twenty-second  street,  Twenty-second 
street  to  Grand  View  avenue,  Grand  View  avenue  to  Dixie  alley,  Dixie 
alley  to  Burnett  avenue,  Burnett  avenue  to  Corbett  avenue,  Corbett 
avenue  to  the  westerly  boundary  line  of  the  San  Miguel  rancho ;  thence 
along  the  line  of  said  San  Miguel  rancho  northeasterly  to  Locksley 
avenue,  Locksley  avenue  to  Kirkham  street;  thence  along  the  line  of 
Kirkham  street,  if  extended,  easterly  to  a  point  in  the  easterly  bound- 
ary line  of  the  San  Miguel  rancho  opposite  Seventeenth  street ;  thence 
along  said  line  southerly  to  Palo  Alto  avenue,  Palo  Alto  avenue  to  Bur- 
nett avenue,  Burnett  avenue  to  Clarendon  avenue,  Clarendon  avenue 
to  Clayton  street,  Clayton  street  to  Frederick  street,  Frederick  street 
to  Buena  Vista  avenue,  Buena  Vista  avenue  to  Central  avenue,  Central 
avenue  to  Oak  street.  Oak  street  to  Fillmore  street,  the  place  of  begin- 
ning, and  the  following  described  portion  of  the  city  and  county  of 


1352  HILLYER^S   LEGAL    MANUAL. 

San  Francisco,  to  wit :  Commencing  at  the  point  of  intersection  of  the 
center  line  of  Bryant  avenue  with  the  center  line  of  Twenty-first  street ; 
thence  along  the  center  line  of  the  following  named  streets,  to  wit: 
Bryant  avenue  to  Army  street,  Army  street  to  Connecticut  street,  Con- 
necticut street  to  Twentieth  street,  Twentieth  street  to  Bryant  avenue, 
Bryant  avenue  to  the  point  of  beginning. 

22d.  All  that  portion  of  the  city  and  county  of  San  Francisco 
bounded  as  follows:  Commencing  at  the  intersection  of  Twenty-first 
street  and  Bryant  avenue,  continuing  thence  along  the  center  line 
of  the  following  named  streets:  Bryant  avenue  to  Eleventh  street, 
Eleventh  to  Market,  Market  street  to  Van  Ness  avenue,  Van  Ness 
avenue  to  Sutter  street,  Sutter  street  to  Laguna,  Laguna  to  O'Farrell, 
O'Farrell  street  to  St.  Joseph  avenue,  St.  Joseph  avenue  to  Turk  street, 
Turk  to  Baker,  Baker  to  Oak,  Oak  to  Fillmore,  Fillmore  to  Duboce 
avenue,  Duboce  avenue  to  Church  street.  Church  street  to  Twenty-first 
street,  Twenty-first  street  to  San  Carlos  street,  San  Carlos  street  to 
Eighteenth  street.  Eighteenth  street  to  Shotwell  street,  Shotwell  street 
to  Twenty-first  street,  Twenty-first  street  to  Bryant  avenue,  the  place 
of  beginning. 

23'd.  All  that  portion  of  the  city  and  county  of  San  Francisco 
bounded  as  follows :  Commencing  at  the  point  of  intersection  of  the 
center  line  of  Market  street  with  the  center  line  of  Eleventh  street; 
thence  along  the  center  line  of  the  following  named  streets,  to  wit: 
Eleventh  street  to  Bryant  avenue,  Bryant  avenue  to  Twentieth  street, 
Twentieth  street  to  the  bay  of  San  Francisco;  thence  northerly  along 
the  shore  line  of  said  bay  to  its  intersection  with  the  center  line  of 
Market  street;  thence  along  the  center  line  of  Market  street  to  the 
point  of  beginning,  and  the  following  described  portion  of  the  city  and 
county  of  San  Francisco :  Commencing  at  the  point  of  intersection  of 
the  center  line  of  Twentieth  street  with  the  center  line  of  Connecticut 
street';  thence  along  the  center  line  of  the  following  named  streets,  to 
wit :  Connecticut  street  to  Army  street,  Army  street  to  San  Bruno 
avenue,  San  Bruno  avenue  to  the  boundary  line  between  the  city  and 
county  of  San  Francisco  and  the  county  of  San  Mateo ;  thence  easterly 
along  said  boundary  line  to  the  shore  line  of  the  bay  of  San  Francisco ; 
thence  northerly  along  said  shore  line  to  its  intersection  with  the  center 
line  of  Twentieth  street;  thence  along  the  center  line  of  Twentieth 
street  to  the  point  of  beginning. 

24th.  All  that  portion  of  the  city  and  county  of  San  Francisco 
bounded  as  follows :  Commencing  at  the  point  of  intersection  of  Dolores 
and  Twenty-ninth  streets ;  thence  along  the  center  line  of  the  following 
named  streets,  to  wit :  Twenty-ninth  to  Mission,  Mission  to  Army,  Army 
to  San  Bruno  avenue,  San  Bruno  avenue  to  the  boundary  line  dividing 
the  city  and  county  of  San  Francisco  and  the  county  of  San  Mateo ; 
thence  along  said  boundary  line  westerly  to  San  Jose  avenue,  San  Jose 
avenue  to  Dolores  street,  Dolores  street  to  Twenty-ninth  street,  the 
place  of  beginning ;  and  all  that  portion  of  the  city  and  county  of  San 
Francisco  bounded  as  follows :  Commencing  at  the  point  of  intersection 
of  Twenty-second  and  Dolores  streets ;  thence  along  the  center  line  of 


SENATORIAL   DISTRICTS.  1353 

the  following  named  streets:  Dolores  street  to  San  Jose  avenue,  San 
Jose  avenue  to  the  boundary  line  dividing  the  city  and  county  of  San 
Francisco  and  the  county  of  San  Mateo;  thence  along  said  boundary 
line  westerly  to  the  intersection  of  the  waters  of  the  Pacific  ocean; 
thence  along  the  shore  line  of  said  ocean  northerly  to  the  Sloat  boule- 
vard ;  thence  along  Sloat  boulevard  to  Corbett  avenue,  Corbett  avenue 
to  Burnett  avenue,  Burnett  avenue  to  Dixie  alley,  Dixie  alley  to  Grand 
View  avenue,  Grand  View  avenue  to  Twenty-second  street,  Twenty- 
second  to  Dolores  street,  the  place  of  beginning. 

27th.  All  that  portion  of  the  county  of  Santa  Clara  not  included 
in  the  twenty-eighth  senatorial  district. 

28th.  All  that  portion  of  the  county  of  Santa  Clara  embraced  within 
the  following  precincts,  as  constituted  at  the  general  election  in  nine- 
teen hundred  and  ten,  to  wit :  Agnews,  that  part  of  Alameda  precinct 
lying  north  of  the  center  line  of  Park  avenue,  Alviso,  Berryessa,  Bur- 
bank,  that  part  of  Crandalville  precinct  number  one  lying  outside  of 
the  city  limits  of  the  city  of  San  Jose,  as  established  in  1911,  Cupertino, 
East  San  Jose  number  two,  Fremont,  Jefferson,  Mayfield,  Milpitas  num- 
bers one  and  two.  Mountain  View  numbers  one  and  two.  Mount  Hamil- 
ton, Orchard,  Palo  Alto  numbers  one,  two,  three,  four  and  five,  Puris- 
sima,  San  Jose  numbers  one,  two,  three,  four,  five,  six,  seven,  eight, 
nine,  ten,  eleven  and  twelve,  Santa  Clara  numbers  one,  two,  three  and 
four,  Saratoga,  Stanford,  Stockton,  Sunnyvale  numbers  one  and  two, 
and  University  numbers  one  and  two. 

29th.  All  that  portion  of  the  county  of  Los  Angeles  bounded  as 
follows :  Commencing  at  the  intersection  of  the  north  patent  boundary 
line  of  the  city  of  Los  Angeles  with  the  center  line  of  the  Los  Angeles 
river;  thence  southeasterly  and  southerly  along  the  center  line  of  the 
Los  Angeles  river  and  the  center  line  of  the  official  bed  of  the  Los 
Angeles  river  to  its  intersection  with  the  center  line  of  North  Broad- 
way from  the  east ;  thence  along  the  center  line  of  the  following  named 
streets,  to  wit :  North  Broadway  to  Daly  street,  Daly  street  to  Mission 
road.  Mission  road  to  Gallardo  street,  Gallardo  street  to  Macy  street, 
Macy  street  to  Brooklyn  avenue,  Brooklyn  avenue  to  Pleasant  avenue. 
Pleasant  avenue  to  First  street.  First  street  to  Pecan  street.  Pecan 
street  to  Fifth  street.  Fifth  street  to  Gless  street,  Gless  street  to  Sixth 
street.  Sixth  street  and  its  extension  westerly  along  the  line  of  assembly 
district  number  sixty-five,  as  designated  and  constituted  by  section 
ninety  of  the  Political  Code,  to  the  center  line  of  the  official  bed  of  the 
Los  Angeles  river;  thence  southerly  along  the  line  last  mentioned  and 
the  prolongation  thereof  to  the  south  boundary  line  of  the  city  of  Los 
Angeles;  thence  westerly  along  the  line  last  mentioned  to  the  center 
line  of  Alameda  street,  Alameda  street  to  Twentieth  street.  Twentieth 
street  to  Compton  avenue,  Compton  avenue  to  Twenty-first  street, 
Twenty-first  street  to  Central  avenue.  Central  avenue  to  Twenty-first 
street  from  the  west.  Twenty -first  street  to  Maple  avenue,  Maple  avenue 
to  Eleventh  street,  Eleventh  street  to  Wall  street.  Wall  street  to  Fifth 
street.  Fifth  street  to  Hill  street.  Hill  street  to  Temple  street,  Temple 
street  to  Hill  street,  Hill  street  to  Sunset  boulevard,  Sunset  boulevard 


1354  uillyer's  legal  manual. 

to  Hill  street,  Hill  street  to  Alpine  street,  Alpine  street  to  Cleveland 
street,  Cleveland  street  to  College  street.  College  street  to  Adobe  street, 
Adobe  street  to  Look  Out  Drive,  Look  Out  Drive  to  Park  Terrace,  Park 
Terrace  to  Sunset  boulevard,  Sunset  boulevard  to  Echo  Park  avenue, 
Echo  Park  avenue  and  the  prolongation  thereof  to  the  north  patent 
boundary  of  the  city  of  Los  Angeles ;  thence  easterly  along  the  line  last 
mentioned  to  the  place  of  beginning. 

31st.  All  that  portion  of  the  county  of  Los  Angeles  embraced  within 
and  comprising  the  seventy-first  and  seventy-second  assembly  districts. 

33d.  All  that  portion  of  the  county  of  Los  Angeles  embraced  within 
and  comprising  the  sixty-eighth  and  seventieth  assembly  districts. 

34th.  All  that  portion  of  the  county  of  Los  Angeles  embraced  within 
and  comprising  the  sixty-second  assembly  district,  all  that  portion 
of  said  county  bounded  as  follows:  Commencing  at  the  intersection 
of  the  center  line  of  Washington  street  and  Hoover  street,  in  the  city 
of  Los  Angeles;  thence  along  the  center  line  of  the  following  named 
streets,  to  wit:  Hoover  street  to  Pico  street,  Pico  street  to  Hoover 
street.  Hoover  street  to  Carondelet  street,  Carondelet  street  to  Ninth 
street,  Ninth  street  to  Hoover  street.  Hoover  street  to  Seventh  street, 
Seventh  street  to  Vermont  avenue,  Vermont  avenue  to  Melrose  avenue, 
Melrose  avenue  to  the  west  patent  boundary  line  of  said  city;  thence 
north  along  said  patent  boundary  line  to  the  northwest  corner  of  said 
city  as  described  in  the  United  States  patent ;  thence  east  along  the 
north  patent  boundary  of  said  city  to  the  easterly  line  of  that  portion 
of  Tropico  precinct  number  two  annexed  to  said  city  prior  to  November 
1,  1911 ;  thence  northwesterly,  westerly  and  southerly  following  the 
exterior  lines  of  those  portions  of  Tropico  precincts  numbers  one  and 
two,  and  of  Ivanhoe  precinct  so  annexed  to  said  city,  to  the  north 
line  of  the  former  city  of  Hollywood,  the  same  being  a  point  in  the 
present  north  boundary  line  of  the  city  of  Los  Angeles ;  thence  follow- 
ing the  boundary  line  of  said  city  of  Los  Angeles  westerly,  southerly, 
westerly,  southerly,  westerly,  southerly,  easterly,  southerly,  easterly 
and  southerly  to  the  center  line  of  Washington  street;  thence  east 
along  said  center  line  to  the  point  of  beginning. 

35th.  All  that  portion  of  the  county  of  Los  Angeles  embraced  within 
and  comprising  the  sixty-sixth  and  sixty-ninth  assembly  districts. 

36th.  All  that  portion  of  the  county  of  Los  Angeles  embraced  within 
and  comprising  the  sixty-seventh  assembly  district  as  designated  and 
constituted  by  section  ninety  of  the  Political  Code,  and  all  that  portion 
of  said  county  embraced  within  and  comprising  the  sixty-first  assembly 
district,  as  so  designated  and  constituted,  excepting  therefrom  that  por- 
tion of  said  sixty-first  assembly  district  situate  within  the  city  of 
Los  Angeles  and  lying  west  of  the  following  described  lines,  to  wit: 
Beginning  at  the  intersection  of  the  north  patent  boundary  line  of 
said  city  with  the  center  line  of  the  Los  Angeles  river;  thence  south- 
easterly and  southerly  along  the  center  line  of  the  Los  Angeles  river 
and  the  center  line  of  the  official  bed  of  the  Los  Angeles  river  to  its 
intersection  with  the  center  line  of  North  Broadway  from  the  east. 


SENATORIAL   DISTRICTS.  1355 

37th.  All  that  portion  of  the  county  of  Los  Angeles  described  as 
follows:  Beginnin^^  at  the  intersection  of  the  center  lines  of  Wall  street 
and  Fifth  street,  in  the  city  of  Los  Angeles;  thence  along  the  center 
line  of  the  following  named  streets,  to  wit:  Fifth  street  to  Hill  street, 
Hill  street  to  Temple  street,  Temple  street  to  Hill  street,  Hill  street  to 
Sunset  boulevard,  Sunset  boulevard  to  Hill  street.  Hill  street  to  Alpine 
street,  Alpine  street  to  Cleveland  street,  Cleveland  street  to  College 
street.  College  street  to  Adobe  street,  Adobe  street  to  Look  Out  Drive, 
Look  Out  Drive  to  Park  Terrace,  Park  Terrace  to  Sunset  boulevard. 
Sunset  boulevard  to  Echo  Park  avenue.  Echo  Park  avenue  and  the 
prolongation  thereof  to  the  north  patent  boundary  line  of  the  city  of 
Los  Angeles;  thence  west  along  said  boundary  line  to  the  northwest 
corner  of  said  city  as  described  in  the  United  States  patent;  thence 
south  along  the  west  patent  boundary  line  of  said  city  to  the  center 
line  of  Melrose  avenue;  thence  along  the  center  line  of  the  following 
named  streets,  to  wit:  Melrose  avenue  to  Vermont  avenue,  Vermont 
avenue  to  Seventh  street.  Seventh  street  to  Hoover  street,  Hoover 
street  to  Ninth  street,  Ninth  street  to  Blaine  street,  Blaine  street  to 
Tenth  street,  Tenth  street  to  Georgia  street,  Georgia  street  to  Ottawa 
street,  Ottawa  street  to  Figueroa  street,  Figueroa  street  to  Eleventh 
street.  Eleventh  street  to  Wall  street,  Wall  street  to  Fifth  street,  the 
place  of  beginning. 

38th.  All  that  portion  of  the  county  of  Los  Angeles  bounded  as 
follows :  Beginning  at  the  intersection  of  the  center  line  of  Maple  street 
and  Eleventh  street,  in  the  city  of  Los  Angeles ;  thence  along  the  center 
line  of  the  following  named  streets,  to  w^it :  Eleventh  street  to  Figueroa 
street,  Figueroa  street  to  Ottawa  street,  Ottawa  street  to  Georgia  street, 
Georgia  street  to  Tenth  street.  Tenth  street  to  Blaine  street,  Blaine 
street  to  Ninth  street.  Ninth  street  to  Carondelet  street,  Carondelet 
street  to  Hoover  street.  Hoover  street  to  Pico  street,  Pico  street  to 
Hoover  street.  Hoover  street  to  Jefferson  street,  Jefferson  street  to 
Figuerpa  street,  Figueroa  street  to  Vernon  avenue,  Vernon  avenue  to 
McKinley  avenue  or  the  northerly  prolongation  of  McKinley  avenue 
from  the  south,  McKinley  avenue  and  said  prolongation  to  Fifty-first 
street,  Fifty-first  street  to  Central  avenue,  Central  avenue  to  Fifty-first 
street.  Fifty-first  street  to  Hooper  avenue.  Hooper  avenue  to  Fifty-first 
street,  Fifty-first  street  and  the  easterly  prolongation  thereof  to  a  point 
in  the  easterly  boundary  line  of  the  city  of  Los  Angeles ;  thence  in  a 
northerly  direction  along  said  boundary  line  to  the  southerly  charter 
boundary  line  of  the  city  of  Los  Angeles  where  the  same  intersects  the 
center  line  of  Alameda  street,  Alameda  street  to  Twentieth  street, 
Twentieth  street  to  Compton  avenue,  Compton  avenue  to  Twenty-first 
street.  Twenty-first  street  to  Cntral  avenue.  Central  avenue  to  Twenty- 
first  street  from  the  west ;  Twenty-first  street  to  Maple  avenue,  Maple 
avenue  to  Eleventh  street  the  place  of  beginning. 


1356 


ASSEMBLY  DISTRICTS. 

(For  Districts  not  included  below,  see  map  at  end  of  volume.) 

12th.  All  that  portion  of  the  county  of  Sonoma  comprising  the  fol- 
lowing election  precincts  of  nineteen  hundred  and  ten,  to  wit:  Bloom- 
field,  Blucher,  Bodega,  Cazadero,  Cotati,  Dry  Creek,  Duncan's  Mills, 
Forestville,  Freestone,  Graton,  Healdsburg  City  numbers  one  to  four 
inclusive,  Healdsburg  Road,  Lakeville,  Magnolia,  Marin,  Mendocino, 
Molino,  Occidental,  Pennsgrove,  Petaluma  numbers  one  to  seven  in- 
clusive. East  Redwood,  West  Redwood,  Sebastopol  numbers  one  and 
two,  Skagg's  Spring,  Stewart's  Point,  Table  Mountain,  Timber  Cove, 
Valley  Ford,  and  Wilson. 

13th.  All  that  portion  of  the  county  of  Sonoma  not  embraced  in  the 
twelfth  assembly  district. 

14th.  All  that  portion  of  the  county  of  Sacramento,  composed  of 
that  part  of  the  city  of  Sacramento,  lying  north  of  the  center  of  ''K" 
street,  and  east  of  the  center  of  Thirty-first  street,  and  all  that  portion 
of  said  Sacramento  county  included  within  the  boundaries  of  ''Amer- 
ican Township,"  "Brighton  Township,"  "Center  Township,"  "Gran- 
ite Township,"  "Mississippi  Township,"  "Natoma  Township,"  and 
"Sutter  Township,"  as  said  townships  existed  on  the  first  day  of 
January,  1911,  shall  constitute  the  fourteenth  assembly  district. 

15th.  All  that  portion  of  the  county  of  Sacramento  not  included  in 
the  fourteenth  assembly  district  shall  constitute  the  fifteenth  assembly 
district. 

19th.  All  that  portion  of  the  county  of  San  Joaquin  not  included 
in  the  twentieth  district. 

20th.  All  that  portion  of  the  county  of  San  Joaquin  comprising  the 
city  of  Stockton. 

21st.  All  that  portion  of  the  city  and  county  of  San  Francisco 
bounded  as  follows:  Commencing  at  the  point  of  intersection  of" the 
center  line  of  Market  street  w4th  the  center  line  of  Eleventh  street; 
thence  along  the  center  line  of  the  following  named  streets,  to  wit: 
Eleventh  street  to  Bryant  avenue,  Bryant  avenue  to  Twentieth  street. 
Twentieth  street  to  the  waters  of  the  bay  of  San  Francisco ;  thence 
northerly  along  the  shore  line  of  said  bay  to  its  intersection  with  the 
center  line  of  Market  street;  thence  along  the  center  line  of  Market 
street  to  the  point  of  beginning. 

22d.  All  that  portion  of  the  city  and  county  of  San  Francisco 
bounded  as  follows:  Commencing  at  the  point  of  intersection  of  the 
center  line  of  Twentieth  street  with  the  center  line  of  Bryant  avenue, 
continuing  thence  along  the  center  line  of  the  following  named  streets, 
to  wit :  Bryant  avenue  to  Army  street,  Army  street  to  San  Bruno 
avenue,  San  Bruno  avenue  to  the  boundary  line  betw^een  the  city  and 
county  of  San  Francisco  and  the  county  of  San  Mateo ;  thence  easterly 
along  said  boundary  line  to  the  bay  of  San  Francisco ;  thence  northerly 
along  the  shore  line  of  the  bay  of  San  Francisco  to  its  intersection 


ASSEMBLY   DISTRICTS.  1357 

with  the  center  line  of  Twentieth  street;  thence  along  ^he  center  line 
of  Twentieth  street  to  the  point  of  beginning. 

23d.  All  that  portion  of  the  city  and  county  of  San  Francisco 
bounded  as  follows :  Commencing  at  the  point  of  intersection  ol  Dolores 
and  Twenty-ninth  streets;  thence  along  the  center  line  of  the  following 
named  streets,  to  wit :  Twenty-ninth  to  Mission,  Mission  to  Army,  Army 
to  San  Bruno  avenue,  San  Bruno  avenue  to  the  boundary  line  dividing 
the  city  and  county  of  San  Francisco  and  the  county  of  San  Mateo; 
thence  along  said  boundary  line  westerly  to  the  center  line  of  San 
Jose  avenue;  thence  along  the  center  lines  of  the  following  named 
streets,  to  wit:  San  Jose  avenue  to  Dolores  street,  Dolores  street  to 
Twenty-ninth  street,  the  place  of  beginning. 

24th.  All  that  portion  of  the  city  and  county  of  San  Francisco 
bounded  as  follows:  Commencing  at  the  point  of  intersection  of 
Twenty-second  and  Dolores  streets,  thence  along  the  center  line  of 
the  following  named  streets,  to  wit :  Dolores  to  San  Jose  avenue,  San 
Jose  avenue  to  the  boundary  line  dividing  the  city  and  county  of  San 
Francisco  and  the  county  of  San  Mateo,  thence  along  said  boundary 
line,  westerly,  to  the  waters  of  the  Pacific  ocean;  thence  along  the 
shore  line  of  said  ocean  northerly,  to  the  Sloat  boulevard ;  thence  along 
the  center  lines  of  the  following  named  streets,  to  wit :  Sloat  boulevard 
to  Cortett  avenue,  Corbett  avenue  to  Burnett  avenue,  Burnett  avenue 
to  Dixie  alley,  Dixie  alley  to  Grand  View  avenue.  Grand  View  avenue 
to  Twenty-second  street,  Twenty-second  street  to  Dolores,  the  place  of 
beginning. 

25th.  All  that  portion  of  the  city  and  county  of  San  Francisco 
bounded  as  follows:  Commencing  at  the  point  of  intersection  of 
Eighteenth  street  and  Dolores  street,  continuing  along  the  center  lines 
of  the  following  named  streets,  to  wit :  Dolores  to  Twenty-ninth, 
Twenty-ninth  to  Mission,  Mission  to  Army,  Army  to  Bryant  avenue, 
Brj^ant  avenue  to  Eighteenth  street,  Eighteenth  to  Harrison,  Harrison 
to  Eighteenth,  Eighteenth  to  Dolores,  the  point  of  commencement. 

26th.  All  that  portion  of  the  city  and  county  of  San  Francisco 
bounded  as  follows:  Commencing  at  the  point  of  intersection  of  Mc- 
Allister and  Fillmore  streets,  continuing  thence  along  the  center  line 
of  the  following  named  streets,  to  wit:  Fillmore  street  to  Duboce 
avenue,  Duboce  avenue  to  Church  street.  Church  street  to  Eighteenth, 
Eighteenth  to  Dolores,  Dolores  to  Twenty-second,  Twenty-second  to 
Grand  View  avenue,  Grand  View  avenue  to  Dixie  alley,  Dixie  alley  to 
Burnett  avenue,  Burnett  avenue  to  Clarendon  avenue.  Clarendon 
avenue  to  Clayton  street,  Clayton  to  Ashbury,  Ashbury  to  Piedmont. 
Piedmont  to  Masonic  avenue,  Masonic  avenue  to  Java  street,  Java  street 
to  Buena  Vista  avenue,  Buena  Vista  avenue  to  Central  avenue,  Central 
avenue  to  Oak  street.  Oak  street  to  Masonic  avenue,  Masonic  avenue 
to  McAllister  street,  McAllister  street  to  Fillmore  street,  the  place  of 
beginning. 

27th.  All  that  portion  of  the  city  and  county  of  San  Francisco 
bounded  as  follows :  Commencing  at  the  point  of  intersection  of  Fulton 
street  and  Masonic  avenue ;  thence  along  the  center  line  of  the  following 


1358  hillyer's  legal  manual. 

named  streets,  to  wit:  Masonic  avenue  to  Oak  street,  Oak  street  to 
Central  avenue,  Central  avenue  to  Buena  Vista  avenue,  Buena  Vista 
avenue  to  Java  street,  Java  street  to  Masonic  avenue,  Masonic  avenue 
to  Piedmont  street.  Piedmont  street  to  Ashbury  street,  Ashbury  street 
to  Clayton  street,  Clayton  street  to  Clarendon  avenue.  Clarendon 
avenue  to  Burnett  avenue,  Burnett  avenue  to  Corbett  avenue,  Corbett 
avenue  to  Sloat  boulevard,  Sloat  boulevard  to  the  waters  of  the  Pacific 
ocean;  thence  along  the  shore  line  of  said  ocean  northerly  to  Fulton 
street,  Fulton  street  to  Masonic  avenue,  the  place  of  beginning. 

28th.  All  that  portion  of  the  city  and  county  of  San  Francisco 
bounded  as  follows :  Commencing  at  the  point  of  intersection  of  Fulton 
street  and  Parker  avenue,  thence  along  the  center  line  of  the  following 
named  streets,  to  wit:  Parker  avenue  to  California  street,  California 
street  to  Maple  avenue,  Maple  avenue  to  the  southerly  line  of  the 
Presidio  Reservation;  thence  westerly  along  the  southerly  boundary 
of  the  Presidio  Reservation  to  Lobos  creek;  thence  along  the  center 
line  of  Lobos  creek  to  the  waters  of  the  Pacific  ocean ;  thence  westerly 
and  southerly  along  the  said  shore  line  to  Fulton  street,  Fulton  street 
to  Parker  avenue,  the  point  of  beginning,  together  with  the  islands 
known  as  the  Farallon  islands. 

29th.  All  that  portion  of  the  city  and  county  of  San  Francisco 
bounded  as  follows:  Commencing  at  the  point  of  intersection  of  Mc- 
Allister street  and  Van  Ness  avenue,  thence  along  the  center  lines  of 
the  following  named  streets,  to  wit :  Van  Ness  avenue  to  Market  street, 
Market  street  to  Eleventh  street,  Eleventh  street  to  Bryant  avenue, 
Bryant  avenue  to  Eighteenth  street,  Eighteenth  street  to  Harrison 
street,  Harrison  street  to  Eighteenth  street.  Eighteenth  street  to  Church 
street.  Church  street  to  Duboce  avenue,  Duboce  avenue  to  Fillmore 
street,  Fillmore  street  to  McAllister  street,  McAllister  street  to  Van 
Ness  avenue,  the  place  of  beginning. 

30th.  All  that  portion  of  the  city  and  county  of  San  Francisco 
bounded  as  follows:  Commencing  at  the  point  of  intersection  of  Pine 
street  and  Van  Ness  avenue,  thence  along  the  center  line  of  the  fol- 
lowing named  streets,  to  wit :  Van  Ness  avenue  to  McAllister  street, 
McAllister  to  Masonic  avenue,  Masonic  avenue  to  Fulton  street,  Fulton 
street  to  Parker  avenue,  Parker  avenue  to  California  street,  California 
street  to  Presidio  avenue,  Presidio  avenue  to  Pine  street,  Pine  street 
to  Van  Ness  avenue,  the  point  of  beginning. 

31st.  All  that  portion  of  the  city  and  county  of  San  Francisco 
bounded  as  follows:  Commencing  at  the  point  of  intersection  of  Pine 
street  and  Van  Ness  avenue,  thence  along  the  center  line  of  the  follow- 
ing named  streets,  to  wit:  Van  Ness  avenue  to  the  bay  of  San  Fran- 
cisco, thence  along  the  shore  line  of  said  bay  to  the  waters  of  the 
Pacific  ocean ;  thence  along  the  shore  line  of  said  ocean  to  Lobos  creek ; 
thence  along  the  line  of  said  Lobos  creek  to  the  southerly  boundary 
line  of  Presidio  Reservation ;  thence  along  said  boundary  line  to  Maple 
street.  Maple  street  to  California  street,  California  street  to  Presidio 
avenue,  Presidio  avenue  to  Pine  street,  Pine  street  to  Van  Ness  avenue, 
the  point  of  beginning. 


ASSEMBLY   DISTRICTS.  1359 

32d.  All  that  portion  of  the  city  and  county  of  San  Francisco 
bounded  as  follows:  Commencing  at  the  point  of  intersection  of  Van 
Ness  avenue  and  Market  street,  continuing  along  the  center  line  of 
the  following  named  streets,  to  wit:  Van  Ness  avenue  to  the  waters 
of  the  bay  of  San  Francisco;  thence  easterly  along  the  shore  line  of 
said  bay  to  Jones  street,  Jones  street  to  Green  street,  Green  street  to 
Mason  street,  Mason  street  to  Ellis  street,  Ellis  street  to  Jones  street, 
Jones  street  to  Market  street.  Market  street  to  Van  Ness  avenue,  the 
point  of  beginning. 

33d.  All  that  portion  of  the  city  and  county  of  San  Francisco 
bounded  as  follows :  Commencing  at  the  point  of  intersection  of  Market 
street  and  Jones  street,  continuing  thence  along  the  center  line  of  the 
following  named  streets,  to  wit :  Jones  to  Ellis,  Ellis  to  Mason,  Mason 
to  Green,  Green  to  Jones,  Jones  to  the  waters  of  the  bay  of  San  Fran- 
cisco; thence  easterly  along  the  shore  line  of  said  bay  to  Market  street, 
Market  street  to  Jones  street,  the  point  of  beginning  and  the  islands 
of  the  bay  of  San  Francisco  within  the  city  and  county  of  San  Fran- 
cisco. 

34th.  All  of  that  portion  of  the  county  of  Alameda  lying  easterly 
of  a  line  described  as  follows:  Beginning  at  a  point  where  the  bound- 
ary line  between  Eden  and  Alameda  townships  intersects  the  westerly 
boundary  line  of  Alameda  county;  thence  easterly  and  northerly  along 
the  boundary  line  of  Alameda  township  to  the  line  dividing  Brooklyn 
and  Eden  townships;  thence  easterly  along  the  boundary  line  between 
Eden  and  Brooklyn  townships  to  the  southwesterly  boundary  line  of 
the  town  of  San  Leandro;  thence  northerly  and  easterly  along  said 
boundary  line  to  the  center  of  East  Fourteenth  street;  thence  north- 
westerly following  along  the  center  line  of  East  Fourteenth  street 
10  the  center  line  of  Moss  avenue,  in  the  city  of  Oakland ;  thence  north- 
easterly along  the  center  line  of  Moss  avenue  and  a  direct  extension 
uf  said  center  line  to  the  northeasterly  boundary  line  of  the  city  of 
Oakland ;  thence  following  the  said  northeasterly  boundary  line  of  the 
city  of  Oakland  in  a  northwesterly  direction  to  its  intersection  with 
the  northeasterly  boundary  line  of  the  county  of  Alameda. 

35th.  All  that  portion  of  the  county  of  Alameda  described  as  fol- 
lows, to  wit:  Beginning  at  a  point  w^here  the  boundary  line  between 
Eden  and  Alameda  townships  intersects  the  westerly  boundary  line 
of  the  county  of  Alameda ;  thence  in  an  easterly  and  northerly  direc- 
tion along  the  boundary  line  of  Alameda  township  to  the  line  dividing 
Brooklyn  and  Eden  townships;  thence  in  an  easterly  direction  along 
the  boundary  line  between  Eden  and  Brooklyn  townships  to  the  south- 
westerly boundary  line  of  the  town  of  San  Leandro ;  thence  northerly 
Hud  easterly  following  the  said  town  line  to  the  center  line  of  East 
Fourteenth  street ;  thence  northwesterly  following  the  center  line 
of  East  Fourteenth  street  and  an  extension  of  the  same  to  its  inter- 
section with  the  line  dividing  Brooklyn  and  Oakland  townships,  said 
point  being  in  Lake  Merritt;  thence  southwesterly  along  said  town- 
ship line  to  its  intersection  with  the  northerly  boundary  line  of  Alameda 
township;  thence  westerly  following  along  the  said  northerly  boundary 


1360  hillyer's  legal  manual. 

line  of  Alameda  township  to  its  intersection  with  the  westerly  boundary- 
line  of  Alameda  county ;  thence  southeasterly  along  said  county  bound- 
ary line  to  the  point  of  beginning. 

36th.  All  of  that  portion  of  the  county  of  Alameda  described  as 
follows,  to  wit:  Beginning  at  a  point  where  the  center  line  of  Thir- 
teenth avenue  is  intersected  by  the  center  line  of  East  Fourteenth 
street,  in  the  city  of  Oakland;  thence  northwesterly  along  the  center 
line  of  East  Fourteenth  street  and  an  extension  of  said  center  line 
to  a  point  where  the  same  intersects  the  westerly  boundary  line  of 
Brooklyn  township,  in  Lake  Merritt ;  thence  northeasterly  following 
along  the  boundary  line  between  Brooklyn  and  Oakland  townships 
to  the  southerly  boundary  line  of  the  city  of  Piedmont ;  thence  east- 
erl}',  northerly  and  westerly  following  the  said  boundary  line  of  the 
city  of  Piedmont  to  the  line  dividing  Oakland  and  Brooklyn  town- 
ships ;  thence  "northeasterly  along  said  dividing  line  between  Oakland 
and  Brooklyn  townships  to  its  intersection  with  the  northeasterly 
boundary  line  of  the  city  of  Oakland;  thence  southeasterly  following 
said  city  boundary  line  to  a  point  where  the  same  would  be  intersected 
by  a  direct  extension  northeasterly  of  the  center  line  of  Moss  avenue ; 
thence  southwesterly  along  said  extension  and  along  the  center  line 
of  Moss  avenue  to  the  center  line  of  East  Fourteenth  street;  thence 
northwesterly  along  the  center  line  of  East  Fourteenth  street  to  the 
center  line  of  Thirteenth  avenue  and  the  point  of  beginning. 

37th.  All  of  that  portion  of  the  county  of  Alameda,  described  as 
follows,  to  w^t :  Beginning  at  a  point  w^here  the  center  line  of  Broad- 
way is  intersected  by  the  center  line  of  Thirteenth  street,  in  the  city 
of  Oakland;  thence  southeasterly  along  the  center  line  of  Thirteenth 
street  and  a  direct  extension  of  said  center  line  to  its  intersection 
w^ith  the  line  dividing  Brooklyn  and  Oakland  townships ;  thence  north- 
easterly following  along  the  line  dividing  Brooklyn  and  Oakland 
townships  to  a  point  in  the  southerly  boundary  line  of  the  city  of 
Piedmont ;  thence  easterly,  northerly  and  westerly,  following  the 
southern,  eastern  and  northern  boundary  line  of  the  city  of  Piedmont 
to  its  intersection  with  the  eastern  boundary  line  of  the  city  of  Oak- 
land, as  the  same  existed  prior  to  the  annex  of  1909 ;  thence  north- 
westerly along  the  easterly  boundary  line  of  the  city  of  Oakland,  as 
the  same  existed  prior  to  the  annex  of  1909,  to  its  intersection  with 
the  center  line  of  Broadway ;  thence  southerly  along  the  center  line  of 
Broadway  to  the  center  line  of  Fifty-first,  or  Vernon  street;  thence 
westerly  following  along  the  center  line  of  Fifty-first  street  to  the 
center  line  of  Shattuck  avenue;  thence  southerly  along  the  center 
line  of  Shattuck  avenue  to  the  center  line  of  Temescal  creek;  thence 
w^esterly  down  the  center  of  Temescal  creek  to  the  center  of  Grove 
street;  thence  southerly  along  the  center  of  Grove  street  to  the  center 
of  San  Pablo  avenue;  thence  southerly  along  the  center  of  San  Pablo 
avenue  to  the  center  of  Broadway;  thence  southerly  along  the  center 
of  Broadway  to  the  center  of  Thirteenth  street,  and  point  of  beginning. 

38th.  All  of  that  portion  of  the  county  of  Alameda  described  as 
follows,  to  wit:  Beginning  at  a  point  where  the  center  line  of  Adeline 


ASSEMBLY   DISTRICTS.  1361 

street  is  intersected  by  the  center  line  of  Twenty-second  street  in  the 
city  of  Oakland ;  thence  easterly  along  the  center  line  of  Twenty-second 
street  to  the  center  line  of  Grove  street;  thence  southerly  along  the 
center  line  of  Grove  street  to  the  center  line  of  San  Pablo  avenue; 
thence  southerly  along  the  center  line  of  San  Pablo  avenue  to  the 
center  line  of  Broadway;  thence  southerly  along  the  center  line  of 
Broadway  to  the  center  line  of  Thirteenth  street;  thence  easterly  along 
the  center  line  of  Thirteenth  street  and  a  direct  extension  of  said  center 
line  to  its  intersection  with  the  line  dividing  Brooklyn  and  Oakland 
townships;  thence  southerly  along  the  line  dividing  Oakland  and 
Brooklyn  townships  to  the  line  dividing  Oakland  and  Alameda  town- 
ships; thence  westerly  along  the  line  dividing  Oakland  and  Alameda 
townships  to  a  point  where  a  direct  extension  of  the  center  line  of 
Adeline  street  would  intersect  the  same;  thence  northerly  along  said 
extension  and  along  the  center  line  of  Adeline  street  to  the  point  of 
beginning. 

39th.  All  of  that  portion  of  the  county  of  Alameda  described  as 
follows,  to  wit :  Beginning  at  a  point  where  the  center  line  of  Adeline 
street  is  intersected  by  the  center  line  of  Twenty-second  street  in 
the  city  of  Oakland;  thence  easterly  along  the  center  line  of  Twenty- 
second  street  to  the  center  line  of  Grove  street ;  thence  northerly  along 
the  center  line  of  Grove  street  to  the  center  of  Temescal  creek ;  thence 
westerly  down  the  center  of  Temescal  creek  to  the  town  of  Emery- 
ville ;  thence  westerly  and  northerly  following  the  boundary  line  of 
the  town  of  Emeryville  to  the  southerly  boundary  line  of  the  city  of 
Berkeley;  thence  westerly  along  the  southerly  boundary  line  of  the 
city  of  Berkeley  and  a  direct  extension  of  same  to  its  intersection 
with  the  westerly  boundary  line  of  Alameda  county;  thence  southerly 
along  the  westerly  boundary  line  of  Alameda  county  to  its  intersec- 
tion with  the  line  dividing  Oakland  and  Alameda  townships;  thence 
easterly  along  the  line  dividing  Oakland  and  Alameda  townships  to  a 
point  where  a  direct  extension  of  the  center  line  of  Adeline  street 
would  intersect  the  same;  thence  northerly  along  said  extension  and 
along  the  center  line  of  Adeline  street  to  the  center  line  of  Twenty- 
second  street  and  the  point  of  beginning. 

40th.  All  of  that  portion  of  the  county  of  Alameda  described  as 
follows,  to  wit:  Beginning  at  a  point  where  the  easterly  boundary 
line  of  the  town  of  Emeryville  is  intersected  by  the  southerly  boundary 
line  of  the  city  of  Berkeley;  thence  southerly  and  easterly  along  the 
boundary  line  of  the  town  of  Emeryville  to  a  corner  thereof,  the  same 
being  in  the  center  of  Temescal  creek;  thence  up  the  center  of  Tem- 
escal creek  to  the  center  line  of  Shattuck  avenue;  thence  northerly 
along  the  center  line  of  Shattuck  avenue  to  the  center  line  of  Russell 
street;  thence  westerly  along  the  center  line  of  Russell  street  to  the 
center  line  of  Milvia  street ;  thence  northerly  along  the  center  line  of 
Milvia  street  to  the  center  line  of  Codornices  creek;  thence  westerly 
down  the  center  line  of  Codornices  creek  to  the  easterly  boundary  line 
of  the  town  of  Albany ;  thence  northerly  along  the  easterly  boundary 
■86 


1362 

line  of  the  town  of  Albany  to  the  northern  boundary  of  the  county  of 
Alameda ;  thence  westerly  and  southerly  along  the  northern  and  west- 
ern boundary  line  of  the  county  of  Alameda  to  a  point  where  said 
boundary  line  would  be  intersected  by  a  direct  extension  westerly  of 
the  southerly  boundary  line  of  the  city  of  Berkeley;  thence  easterly 
along  said  extension  and  along  the  southerly  boundary  line  of  the  city 
of  Berkeley  to  the  point  of  beginning. 

41st.  All  of  that  portion  of  the  county  of  Alameda  described  as 
follows,  to  wit :  Beginning  at  a  point  where  the  center  line  of  Shattuck 
avenue  is  intersected  by  the  center  line  of  Fifty-first  street  or  Vernon 
street,  in  the  city  of  Oakland;  thence  easterly  along  the  center  line 
of  Fifty-first  or  Vernon  street  to  the  center  line  of  Broadway ;  thence 
northeasterly  along  the  center  line  of  Broadway  to  its  intersection 
with  the  northeasterly  boundary  line  of  the  city  of  Oakland,  as  the 
same  existed  prior  to  the  annex  of  1909 ;  thence  southeasterly  along 
said  boundary  line  of  the  city  of  Oakland  as  the  same  existed  prior 
to  the  annex  of  1909  to  its  intersection  with  the  northerly  boundary 
line  of  the  city  of  Piedmont ;  thence  easterly  following  the  northerly 
boundary  line  of  the  city  of  Piedmont  to  its  intersection  with  the 
boundary  line  dividing  Brooklyn  and  Oakland  townships;  thence 
northeasterly  along  the  line  dividing  Brooklyn  and  Oakland  townships 
to  its  intersection  w4th  the  northeasterly  boundary  line  of  Alameda 
county;  thence  northwesterly  and  westerly  following  along  the  county 
boundary  line  to  its  intersection  with  the  easterly  boundary  line  of 
the  town  of  Albany ;  thence  southerly  along  the  easterly  boundary  line 
of  the  town  of  Albany  to  its  intersection  with  the  center  of  Codornices 
creek;  thence  easterly  up  the  center  of  Codornices  creek  to  its  inter- 
section with  the  center  line  of  Milvia  street;  thence  southerly  along 
the  center  line  of  Milvia  street  to  the  center  line  of  Russell  street; 
thence  easterly  along  the  center  line  of  Russell  street  to  the  center 
line  of  Shattuck  avenue;  thence  southerly  along  the  center  line  of 
Shattuck  avenue  to  the  center  line  of  Fifty-first  or  Vernon  street  and 
the  point  of  beginning. 

44th.  All  that  portion  of  the  county  of  Santa  Clara  not  included 
in  the  forty-fifth  assembly  district  shall  constitute  the  forty-fourth 
assembly  district. 

45th.  All  that  portion  of  the  county  of  Santa  Clara  embraced  within 
the  following  precincts,  as  constituted  as  the  general  election  in  1910, 
to  wit :  Agnew,  that  part  of  Alameda  precinct  lying  north  of  the  center 
line  of  Park  avenue,  Alviso.  Berryessa,  Burbank,  that  part  of  Crandal- 
ville  precinct  number  one  lyins:  outside  of  the  city  limits  of  the  city 
of  San  Jose,  as  established  in  1911,  Cupertino,  East  San  Jose  number 
two,  Fremont,  Jefferson,  Mayfleld,  Milpitas  (numbers  one  and  two), 
Mountain  View  (numbers  one  and  tw^o).  Mount  Hamilton,  Orchard, 
Palo  Alto  (numbers  one  to  five,  inclusive),  Purissima,  San  Jose 
(numbers  one  to  twelve,  inclusive).  Santa  Clara  (numbers  one  to  four. 
Inclusive),  Saratoga,  Stanford,  Stockton,  Sunnyvale  (numbers  one  and 
two),  and  University  (numbers  one  and  two),  shall  constitute  the  forty- 
fifth  assemblv  district. 


ASSEMBLY   DISTRICTS.  1363 

50th.  All  that  portion  of  the  county  of  Fresno  comprising  the  pre- 
cincts of  Black  Mountain,  Balfour.  Barstow,  Bryant,  Cantua,  Central 
Colony,  Coalinga  No.  1,  Coalinga  No.  2,  Coalinga  No.  3,  Coalinga  No.  4, 
Coalinga  No.  5,  Crescent,  Chicago,  Fresno  County,  Fowler,  Firebaugh, 
Houghton,  Huron,  Iowa,  Jameson,  Kerman,  Kingsburg,  Layton,  Laguna, 
Liberty,  Lewis  Creek,  Lucern,  Madison,  Mendota,  Monroe,  New  Hope, 
Oleander,  Panoche,  Pleasant  Valley,  Terry,  Washington  Colony,  Wild- 
flower,  Wartham,  and  West  Park. 

51st.  All  that  portion  of  the  county  of  Fresno  included  in  and  com- 
prising Fresno  City  precincts  numbered  one  to  twenty-five,  both 
inclusive,  and  the  precincts  of  Hedges,  Belmont,  Arlington  and  East 
Fresno. 

52d.  All  that  portion  of  the  county  of  Fresno  not  included  in  the 
fiftieth  and  fifty-first  assembly  districts. 

57th.  All  that  portion  of  the  county  of  San  Bernardino  now  com- 
prised within  the  following  townships,  to  wit :  Chino,  Ontario,  Upland, 
Cucamonga,  Etiwanda,  San  Bernardino,  Hesperia,  Oro  Grande,  and 
Barstow. 

58th.  All  that  portion  of  the  county  of  San  Bernardino  not  in- 
cluded within  the  fifty-seventh  assembly  district. 

61st.  All  that  portion  of  the  county  of  Los  Angeles  included  within 
and  comprising  the  following  election  precincts,  and  parts  of  election 
precincts  of  nineteen  hundred  ten,  to  wit :  La  Liebre,  Del  Sur,  Lan- 
caster, Palmdale,  Acton,  Newhall,  San  Fernando,  Chatsworth,  Cala- 
basas,  Lankershim,  La  Canada,  Sunland,  Burbank,  Glendale  City,  Eagle 
Rock,  Annandale,  Hermon,  that  part  of  Ivanhoe  and  of  Tropico 
numbers  one  and  two  not  included  within  the  city  of  Los  Angeles,  as 
the  boundaries  of  said  city  existed  November  1,  1911,  and  the  follow- 
ing described  portion  of  the  city  of  Los  Angeles:  Beginning  at  the 
northeast  corner  of  said  city  as  described  in  the  United  States  patent; 
thence  following  the  exterior  boundary  line  of  said  city  as  the  same 
existed  November  1,  1911,  north,  northeasterly,  easterly,  northerly  and 
easterly  in  a  general  northeasterly  direction  to  the  extreme  north- 
eastern corner  of  said  city;  thence  along  the  north  line  of  said  city 
west,  southwest  and  southerly  following  such  exterior  boundary  line 
of  said  city  to  the  north  patent  bound arj^  thereof;  thence  along  the 
same  west  to  the  center  line  of  Alvarado  street ;  thence  along  the 
center  line  of  the  following  named  streets,  to- wit:  Alvarado  street  to 
•  Sunset  boulevard.  Sunset  boulevard  to  Park  Terrace,  Park  Terrace 
to  Look  Out  Drive,  Look  Out  Drive  to  Adobe  street,  Adobe  street  to 
Bernardo  street,  Bernardo  street  to  North  Broadway,  North  Broadway 
(crossing  the  official  bed  of  the  Los  Angeles  river)  to  Daly  street. 
Daly  street  to  Pasadena  avenue,  Pasadena  avenue  to  Avenue  Thirty- 
five,  Avenue  Thirty-five  to  Griffin  avenue,  Griffin  avenue  and  its  ex- 
tension to  the  north  patent  boundary  line  of  said  city;  thence  east 
along  said  line  to  the  place  of  beginning. 

62d.  All  that  portion  of  the  county  of  Los  Angeles  included  within 
and  comprising  the  following  election  precincts  of  nineteen  hundred 
ten,  to  wit :  Redondo  Beach  City  numbers  one  and  two,  Hermosa  Beach 


1364 

City,  Wiseburn,  Inglewood  City,  Freeman,  Del  Rey,  Ocean  Park  City 
numbers  one,  two  and  three,  Moneta,  Howard,  Ballona,  Cienega,  Santa 
Monica  City  numbers  one,  two,  three,  four,  five,  six,  seven,  eight  and 
nine,  Malibu,  National  Military  Home  numbers  one,  two,  three,  four, 
five,  and  six,  Sawtelle  City  numbers  one,  two  and  three,  and  Sherman. 
63d.  All  that  portion  of  the  county  of  Los  Angeles  bounded  as  follows : 
Commencing  at  the  intersection  of  the  center  lines  of  Washington  and 
Hoover  streets,  in  the  city  of  Los  Angeles ;  thence  along  the  center  line  of 
the  following  named  streets,  to  wit:  Hoover  street  to  Pico  street,  Pico 
street  to  Hoover  street.  Hoover  street  to  Carondelet  street,  Carondelet 
street  to  Ninth  street.  Ninth  street  to  Hoover  street,  Hoover  street  to 
Benton  boulevard,  Benton  boulevard  to  Sixth  street,  Sixth  street  to 
Hoover  street.  Hoover  street  to  Occidental  boulevard.  Occidental  boule- 
vard to  First  street,  First  street  to  Occidental  boulevard,  Occidental 
boulevard  to  Sunset  boulevard.  Sunset  boulevard  to  Alvarado  street, 
Alvarado  street  to  the  north  patent  boundary  of  said  city;  thence 
along  the  same  east  to  the  easterly  line  of  that  portion  of  Tropico 
precinct  number  two  annexed  to  said  city  prior  to  November  1,  1911; 
thence  northwesterly,  westerly  and  southerly,  following  the  exterior 
lines  of  those  portions  of  Tropico  precincts  numbers  one  and  two,  and 
of  Ivanhoe  precinct,  so  annexed  to  said  city,  to  the  north  line  of  the 
former  city  of  Hollywood,  the  same  being  a  point  in  the  present  north 
boundary  line  of  the  city  of  Los  Angeles;  thence  following  the 
boundary  line  of  said  city  of  Los  Angeles  westerly,  southerly,  westerly, 
southerly,  westerly,  southerly,  easterly,  southerly,  easterly  and  south- 
erly to  the  center  line  of  Washington  street;  thence  east  along  said 
center  line  to  the  point  of  beginning. 

64th.  All  that  portion  of  the  county  of  Los  Angeles  bounded  as 
follows:  Commencing  at  the  intersection  of  Hill  and  Seventh  streets, 
in  the  city  of  Los  Angeles ;  thence  along  the  center  line  of  the  folloAving 
named  streets,  to  wit:  Hill  street  to  Temple  street.  Temple  street  to 
Hill  street,  Hill  street  to  Sunset  boulevard,  Sunset  boulevard  to  Hill 
street.  Hill  street  to  Alpine  street,  Alpine  street  to  Cleveland  street^ 
Cleveland  street  to  College  street.  College  street  to  Adobe  street,  Adobe 
street  to  Look  Out  Drive,  Look  Out  Drive  to  Park  Terrace,  Park 
Terrace  to  Sunset  boulevard,  Sunset  boulevard  to  Occidental  boulevard, 
Occidental  boulevard  to  First  street.  First  street  to  Occidental  boule- 
vard. Occidental  boulevard  to  Hoover  street.  Hoover  street  to  Sixth 
street.  Sixth  street  to  Benton  boulevard,  Benton  boulevard  to  Hoover 
street.  Hoover  street  to  Seventh  street.  Seventh  street  to  Hill  street^ 
the  point  of  beginning. 

65th.  All  that  portion  of  the  county  of  Los  Angeles  bounded  as  fol- 
lows :  Commencing  at  the  intersection  of  the  center  lines  of  North 
Broadway  and  Daly  street,  in  the  city  of  Los  Angeles;  thence  along 
the  center  lines  of  the  following  named  streets,  to  wit :  North  Broad- 
way (crossing  the  official  bed  of  the  Los  Angeles  river)  to  Bernardo 
.  street,  Bernardo  street  to  Adobe  street,  Adobe  street  to  College  street. 
College  street  to  Cleveland  street,  Cleveland  street  to  Alpine  street, 
Alpine  street  to  Hill  street.  Hill  street  to  Sunset  boulevard.  Sunset 


ASSEMBLY    DISTRICTS.  1365 

boulevard  to  Hill  street,  Hill  street  to  Temple  street,  Temple  street  to 
Hill  street,  Hill  street  to  Fifth  street,  Fifth  street  to  Central  avenue, 
Central  avenue  to  Sixth  street,  Sixth  street  and  its  easterly  extension 
to  the  intersection  with  the  center  line  of  Gless  street,  Gless  street  to 
Fifth  street,  Fifth  street  to  Pecan  street.  Pecan  street  to  First  street, 
First  street  to  Pleasant  avenue,  Pleasant  avenue  to  Brooklyn  avenue, 
Brooklyn  avenue  to  Macy  street,  Macy  street  to  Gallardo  street,  Gal- 
lardo  street  to  Mission  road,  Mission  road  to  Daly  street,  Daly  street 
to  North  Broadway,  the  point  of  beginning. 

66th.  All  that  portion  of  the  county  of  Los  Angeles  bounded  as 
follows:  Commencing  at  the  northeastern  corner  of  the  city  of  Los 
Angeles,  as  the  same  is  described  in  the  United  States  patent;  thence 
westerly  alojig  the  northern  patent  boundary  line  of  said  city  to  the 
center  line  of  Griffin  avenue,  or  the  northerly  prolongation  thereof; 
thence  along  the  northerly  prolongation  of  said  center  line  and  along 
the  center  line  of  the  following  named  streets,  to  wit:  Griffin  avenue 
to  Avenue  35,  Avenue  35  to  Pasadena  avenue,  Pasadena  avenue  to  Daly 
street,  Daly  street  to  Mission  Road,  Mission  Road  to  Gallardo  street, 
Gallardo  street  to  Macy  street,  Macy  street  to  Brooklyn  avenue, 
Brooklyn  avenue  to  Pleasant  avenue.  Pleasant  avenue  to  First  street. 
First  street  to  Pecan  street,  Pecan  street  to  Fifth  street.  Fifth  street  to 
Gless  street,  Gless  street  to  Sixth  street.  Sixth  street  and  its  extension 
westerly,  along  the  line  of  assembly  district  number  sixty-five,  as  con- 
stituted and  designated  by  this  section,  to  the  center  line  of  the 
official  bed  of  the  Los  Angeles  river ;  thence  southerly  along  said  center 
line  and  its  southerly  prolongation  to  the  south  boundary  of  said 
city;  thence  east  along  said  boundary  line  to  the  southeastern  corner 
of  said  city;  thence  north  along  the  east  line  of  said  city  to  the  point 
of  beginning. 

67th.  All  that  portion  of  the  county  of  Los  Angeles  included  within 
and  comprising  the  following  election  precincts  of  nineteen  hundred 
ten,  to  wit:  Pasadena  City  numbers  one,  two,  three,  four,  five,  six, 
seven,  eight,  nine,  ten,  eleven,  twelve,  thirteen,  fourteen,  fifteen,  six- 
teen, seventeen,  eighteen,  nineteen,  twenty,  twenty-one, .  twenty-two 
and  twenty-three,  and  Altadena. 

68th.  AH  that  portion  of  the  county  of  Los  Angeles  included  within 
and  comprising  the  following  election  precincts,  and  parts  of  election 
precincts  of  nineteen  hundred  ten,  to  wit :  Claremont  City,  La  Verne, 
Lordsburg  City,  San  Dimas,  Pomona  City  numbers  one,  two,  three,  four, 
five  and  six,  Spadra,  Azusa,  Azusa  City,  Glendora,  Covina,  Covina  City, 
Rowland,  Rivera,  Los  Nietos,  Whittier  City  numbers  one,  two,  three, 
and  four,  and  all  of  El  Monte  precinct  except  that  portion  thereof 
lying  north  of  the  westerly  prolongation  of  the  south  line  of  Santa 
Anita  precinct  and  except  that  portion  thereof  lying  west  of  the  line 
dividing  ranges  eleven  and  twelve  west,  in  township  one  south,  San 
Bernardino  base  and  meridian. 

69th.  All  that  portion  of  the  county  of  Los  Angeles  included  within 
and  comprising  the  following  election  precincts,  and  parts  of  election 
precincts  of  nineteen  hundred  ten,  to  wit :  Monrovia  City  numbers  one, 


1366 

two  and  three,  Diiarte,  Arcadia  City  numbers  one  and  two,  Sierra 
Madre  City,  Lamanda  numbers  one  and  two,  Santa  Anita,  San  Gabriel, 
Alhambra  City  numbers  one,  two  and  three,  South  Pasadena  City 
numbers  one,  two  and  three,  Baird,  Belvidere  numbers  one  and  two, 
Montebello,  Lagjuna,  Fruitland,  Vernon  City,  Huntino^ton  Park  City 
numbers  one  and  two,  that  part  of  the  precincts  of  Miramonte  and 
Florence  lying  east  of  the  center  line  of  the  right  of  way  of  the  Long 
Beach  line  of  the  Pacific  Electric  Railway  Company,  and  that  part 
of  the  precinct  of  El  Monte  lying  north  of  the  westerly  prolongation 
of  the  southerly  line  of  Santa  Anita  precinct  and  also  that  part  of 
said  precinct  of  El  Monte  lying  west  of  the  line  dividing  ranges  eleven 
and  twelve  west,  in  township  one  south,  San  Bernardino  base  and 
meridian,  shall  constitute  the  sixty-ninth  assembly  distri(it. 

70th.  All  that  portion  of  the  county  of  Los  Angeles  included  within 
and  comprising  the  following  election  precincts,  and  parts  of  election 
precincts  of  nineteen  hundred  ten,  to  wit:  Long  Beach  City  numbers 
one,  two,  three,  four,  five,  six,  seven,  eight,  nine,  ten,  eleven,  twelve, 
thirteen,  fourteen,  fifteen,  sixteen,  seventeen,  eighteen  and  nineteen, 
Naples,  Alamitos,  Cerritos,  Artesia,  Norwalk,  La  Mirada,  East  Whit- 
tier,  Downey  numbers  one  and  two,  Clearwater,  Willowbrook,  Domin- 
guez.  Watts  City,  Compton  City,  and  that  part  of  Wilmington  precinct 
which  was  annexed  to  the  cit}^  of  Long  Beach  prior  to  November  1,  1911, 
shall  constitute  the  seventieth  assembly  district. 

71st.  All  that  portion  of  the  county  of  Los  Angeles  included  wdthin 
and  comprising  the  following  election  precincts,  and  parts  of  election 
precincts  of  nineteen  hundred  ten,  to  wit:  Catalina,  Lomita,  Green 
Meadows,  Gardena  numbers  one  and  two,  all  of  Wilmington  precinct, 
except  the  part  which  was  prior  to  November  1,  1911,  annexed  to  the 
city  of  Long  Beach,  that  part  of  the  precincts  of  Miramonte  and 
Florence  lying  west  of  the  center  line  of  the  right  of  way  of  the  Long 
Beach  line  of  the  Pacific  Electric  Railway  Company,  and  Los  Angeles 
City  precincts  numbers  one  hundred  ninety-two,  one  hundred  ninety- 
three,  one  hundred  ninety-four,  one  hundred  ninety-seven,  one  hundred 
ninety-eighty,  one  hundred  ninety-nine,  two  hundred,  two  hundred  four, 
two  hundred  five,  two  hundred  six,  two  hundred  seven,  two  hundred 
eight,  two  hundred  eleven,  two  hundred  thirteen,  two  hundred  eighteen, 
two  hundred  nineteen,  two  hundred  twenty-three,  two  hundred  twenty- 
four,  two  hundred  twenty-five,  two  hundred  twenty-six,  two  hundred 
twenty-seven,  two  hundred  twenty-eight,  two  hundred  twenty-nine 
and  two  hundred  thirty,  shall  constitute  the  seventy-first  assembly 
district. 

72d.  All  that  portion  of  the  county  of  Los  Angeles  included  within 
and  comprising  the  following  election  precincts,  and  parts  of  election 
precincts  of  nineteen  hundred  ten,  to  wit :  Los  Angeles  City  numbers 
one  hundred  sixty-eight,  one  hundred  sixty-nine,  one  hundred  seventy, 
one  hundred  seventy-one,  one  hundred  seventy-two,  one  hundred 
seventy-three,  one  hundred  seventy-four,  one  hundred  seventy-five,  one 
hundred  seventy-six,  one  hundred  seventy-eight,  one  hundred  seventy- 
nine,  one  hundred  eighty,  one  hundred  eighty-one,  one  hundred  eighty- 


ASSEMBLY   DISTRICTS.  1367 

two,  one  hundred  eighty-three,  one  hundred  eighty-four,  one  hundred 
eighty-five,  one  hundred  eighty-six,  one  hundred  eighty-seven,  one 
hundred  eighty-eight,  one  hundred  eighty-nine,  one  hundred  ninety, 
one  hundred  ninety-one,  that  part  of  Los  Angeles  City  precinct  number 
one  hundred  fifty-seven  lying  south  of  the  center  line  of  Jefferson 
street,  and  all  of  Los  Angeles  City  precinct  number  one  hundred 
seventy-seven,  except  that  portion  thereof  bounded  by  the  west  patent 
boundary  line  of  the  city  of  Los  Angeles,  the  center  line  of  Hoover 
street  (formerly  Kingsley  street)  and  the  center  line  of  West  Jefferson 
street. 

73d.  All  that  portion  of  the  county  of  Los  Angeles  bounded  as 
follows:  Commencing  at  the  intersection  of  Main  and  Washington 
street,  in  the  city  of  Los  Angeles ;  thence  along  the  center  line  of  the 
following  named  streets,  to  wit :  Main  street  to  Jefferson  street,  Jef- 
ferson street  to  Figueroa  street,  Figueroa  street  to  Vernon  avenue, 
Vernon  avenue  to  McKinley  avenue,  or  the  northerly  prolongation  of 
McKinley  avenue  from  the  south,  McKinley  avenue  and  said  prolonga- 
tion to  Fifty-first  street.  Fifty-first  street  to  Central  avenue,  Central 
avenue  to  Fifty-first  street.  Fifty-first  street  to  Hooper  avenue.  Hooper 
avenue  to  Fifty-first  street,  Fifty-first  street  and  the  easterly  prolonga- 
tion thereof  to  a  point  in  the  easterly  boundary  line  of  the  city  of 
Los  Angeles,  thence  in  a  northerly  direction  along  said  boundary  line 
to  the  southerly  charter  boundary  line  of  the  city  of  Los  Angeles  where 
the  same  intersects  the  center  line  of  Alameda  street,  Alameda  street 
to  Twentieth  street.  Twentieth  street  to  Central  avenue,  Central  avenue 
to  Washington  street,  Washington  street  to  Main  street,  the  point  of 
beginning. 

74th.  All  that  portion  of  the  county  of  Los  Angeles  bounded  as 
follows:  Commencing  at  the  intersection  of  Fifth  and  Hill  streets,  in 
the  city  of  Los  Angeles ;  thence  along  the  center  line  of  the  following 
named  streets,  to  wit:  Fifth  street  to  Central  avenue,  Centra]  avenue 
to  Sixth  street.  Sixth  street  and  the  extension  thereof  along  the  line 
of  assembly  district  number  sixty-five,  as  designated  and  constituted 
by  this  section,  to  the  center  line  of  the  official  bed  of  the  Los  Angeles 
river;  thence  southerly  along  the  last  mentioned  line  and  the  pro- 
longation thereof  to  the  south  boundary  line  of  the  city  of  Los  Angeles ; 
thence  westerly  along  said  boundary  line  to  the  center  line  of  Alameda 
street,  Alameda  street  to  Twentieth  street,  Twentieth  street  to  Central 
avenue.  Central  avenue  to  Washington  street,  Washington  street  to 
Hill  street.  Hill  street  to  Fifth  street,  the  point  of  beginning. 

75th.  All  that  portion  of  the  county  of  Los  Angeles  bounded  as 
follows:  Commencing  at  the  intersection  of  Seventh  and  Hill  streets, 
in  the  city  of  Los  Angeles ;  thence  along  the  center  line  of  the  following 
named  streets,  to  wit:  Seventh  street  to  Hoover  street.  Hoover  street 
to  Ninth  street.  Ninth  street  to  Carondelet  street,  Carondelet  street  to 
Hoover  street.  Hoover  street  to  Pico  street,  Pico  street  to  Hoover  street, 
Hoover  street  to  Jefferson  street,  Jefferson  street  to  Main  street,  Main 
street  to  Washington  street,  Washington  street  to  Hill  street,  Hill 
street  to  Seventh  street,  the  point  of  beginning. 


1368 

79th.  All  that  portion  of  the  county  of  San  Diego  included  within 
the  corporate  limits  of  the  city  of  San  Diego. 

80th.  All  that  portion  of  the  county  of  San  Diego  not  included  in 
the  seventy-ninth  assembly  district. 


CONGRESSIONAL  DISTRICTS. 

(For  Districts  not  given  below,  see  Map.) 

4th.  All  that  portion  of  the  city  and  county  of  San  Francisco  com- 
prising the  twenty-eighth,  thirty-first,  thirtieth,  thirty-second,  thirty- 
third  and  twenty-first  assembly  districts. 

5th.  All  that  portion  of  the  city  and  county  of  San  Francisco  not 
included  in  the  fourth  congressional  district. 

6th.  The  county  of  Alameda  shall  constitute  the  sixth  congressional 
district. 

9th.  All  that  portion  of  the  county  of  Los  Angeles  comprising  the 
sixty-first,  sixty-fifth,  sixty-sixth,  sixty-seventh,  sixty-eighth,  sixty-ninth 
and  seventieth  assembly  districts. 

10th.  All  that  portion  of  the  county  of  Los  Angeles  not  included 
in  the  ninth  congressional  district. 

FISH  AND  GAME  DISTRICTS. 

(For  Districts  not  given  below,  see  Map.) 

4th.  The  counties  of  Madera  and  Tulare,  and  that  part  of  Stanislaus 
county  east  of  the  west  bank  of  the  San  Joaquin  river;  that  part  of 
Merced  county  east  of  the  west  bank  of  the  San  Joaquin  river;  that 
part  of  Fresno  county  east  of  the  west  bank  of  San  Joaquin  river, 
Fresno  slough,  Fish  slough,  Summit  lake  and  Tulare  lake ;  that  part 
of  Kings  county  east  of  the  west  bank  of  Kings  river  between  Summit 
lake  and  Tulare  lake ;  that  part  of  Kings  county  east  of  the  west  bank 
of  Tulare  lake  and  east  of  the  west  bank  of  Bull  slough;  that  part 
of  Kern  county  east  of  the  west  bank  of  Bull  slough  and  west  and 
south  bank  of  Buena  Vista  lake  to  the  southeast  corner  of  that  lake ; 
that  part  of  Kern  county  on  the  northerly  side  of  a  line  from  this 
point  to  the  southeast  corner  of  section  8,  township  10  north,  range 
19  west,  San  Bernardino  base  and  meridian  at  a  point  where  the 
county  road  cuts  said  section  corner,  such  a  point  being  on  the  northern 
boundary  of  the  rancho  Castac;  that  part  of  Kern  county  on  the 
northerly  side  of  a  line  from  this  point  following  the  northern  boundary 
of  the  rancho  Castac  to  where  this  boundary  joins  the  westerly  bound- 
ary of  the  Fort  Tejon  rancho;  that  part  of  Kern  county  lying  north- 
erly and  westerly  of  the  west  and  north  boundary  of  the  Fort  Tejon 
rancho  to  where  the  main  line  of  the  Southern  Pacific  Railroad  inter- 
sects said  rancho  boundary;  that  part  of  Kern  county  on  the  easterly 
side  of  the  main  line  of  the  Southern  Pacific  Railroad  from  this  point 
to  where  the  said  railroad  crosses  the  south  line  of  Kern  cOunty. 


AGRICULTURAL   DISTRICTS. 


1369 


5th.  The  counties  of  Contra  Costa,  Alameda,  San  Francisco,  San 
Mateo,  Santa  Clara,  Santa  Cruz,  San  Benito,  Monterey,  San  Luis 
Obispo,  Santa  Barbara  and  those  parts  of  Stanislaus,  Merced,  Fresno, 
Kings  and  Kern  counties  not  included  in  fish  and  game  district  number 
four. 


AGRICULTURAL  DISTRICTS. 


1.  The    counties    of    San    Francisco 
and  Alameda. 

2.  The  county  of  San  Joaquin. 

3.  The  county  of  Butte. 

4.-  The     counties     of     Sonoma     and 
Marin. 

5.  The  counties  of  San  Mateo   and 
Santa   Clara. 

6.  The  county  of  Leos  Angeles. 

7.  The  county  of  Monterey. 

8.  The  county  of  El  Dorado. 

9.  The  county  of  Humboldt. 

10.  The  county  of  Siskiyou. 

11.  The  counties  of  Plumas  and 
Sierra. 

12.  The  counties  of  Lake  and  Men- 
docino. 

13.  The  counties  of  Sutter  and  Yuba. 

14.  The  county  of  Santa  Cruz. 

15.  The  county  of  Kern. 

16.  The  county  of  San  Luis  Obispo. 

17.  The  county  of  Nevada. 

18.  The  counties  of  Mono,  Inyo,  and 
Alpine. 

19.  All  that  portion  of  Santa  Bar- 
bara county  lying  east  of  the  Gaviota 
and  south  of  the  Santa  Ynez  mountains. 

20.  The  county  of  Placer, 

21.  The  counties  of  Fresno  and  Ma- 
dera. 


22.  The  oounty  of  San  Diego. 

23.  The  county  of  Contra  Costa. 

24.  The  counties  of  Tulare  and  Kings. 

25.  The  county  of  Napa. 

26.  The  county  of  Amador. 

27.  The  counties  of  Shasta  and  Trin- 

ity. 

28.  The  counties  of  San  Bernardino 
and  Kiverside. 

29.  The  county  of  Tnolumne. 

30.  The  county  of  Tehama. 

31.  The  county  of  Ventura. 

32.  The  county  of  Orange. 

33.  The  county  of  San  Benito. 

34.  The  county  of  Modoc. 

35.  The  counties  of  Merced  and  Mari- 
posa. 

36.  The  county  of  Solano. 

37.  All  that  portion  of  Santa  Barbara 
county  not  included  in  agricultural  dis- 
trict No.  19. 

38.  The  county  of  Stanislaus. 

39.  The  county  of  Calaveras. 

40.  The  county  of  Yolo. 

41.  The  county  of  Del  Norte. 

42.  The  county  of  Glenn. 

43.  The  county  of  Lassen. 

44.  The  county  of  Colusa. 

45.  The  county  of  Imperial. 


1370 


HILLiYER'S   LEGAL    MANUAL. 


CONSOLIDATED  COUNTY  TABLE. 


Acricultural 
UialricU. 

Alameda 1 

Alpiue 18 

Amador    2U 

Butto    .; 3 

Calaveras 39 

Colusa 44 

Contra  Costa 2;« 

Del   Noite    41 

El  Dorado  '. 8 

Fresno   21 

Glenn   42 

Humboldt  9 

Imperial   43 

Invo    18 

Kern   15 

Kings   24 

Lake   12 

Lassen    43 

Los  Angelas 6 

Madera 21 

Marin    4 

Mariposa   35 

Mendocino 12 

Merced  35 

Modoc 34 

Mono  18 

Monterey  7 

Napa 23 

Nevada 17 

Orange   32 

Placer 20 

Plumas   11 

Riverside   28 

Sacramento  .*. .  40 

San  Benito   33 

•San  Bernardino 28 

San  Diego   22 

San  Francisco 1 

San  Joaquin    2 

6an  Luis  Obispo 16 

San  Mateo 5 

Santa  Barbara 19, 37 

Santa  Clara    5 

Santa  Cruz   14 

Shasta 27 

Sierra   11 

Siskiyou  10 

Solano 36 

Sonoma    4 

Stan  islaus    38 

Sutter  13 

Tehama    30 

Trinity   27 

Tnjare 24 

Tuolumne  .  . . , 29 

Ventura 31 

Yolo    40 

Viiba 13. 


IfflO 

U.  S.  Uiitriet 

Curt 

rlcli. 

Cuurta. 

DUiricti. 

5 

N. 

S.  K. 

3' 

N. 

Siiito. 

3 

N. 

Sacto. 

3 

N. 

Sacto. 

3 

N. 

Sacto. 

2 

N. 

Sa.to. 

5 

N. 

S.  F. 

1 

N. 

S.  F. 

3 

N. 

Sacto. 

S. 

8.  F. 

N. 

Sacto. 

N. 

S.  P. 

S. 

L.  A. 

s. 

L.  A. 

8. 

L.  A. 

S. 

Sacto. 

N. 

S.  F. 

N. 

Sacto. 

S. 

L.  A. 

S. 

Sacto. 

N. 

8.  F. 

S. 

8.  F. 

N. 

8.  F. 

S. 

Sacto. 

N. 

Sacto. 

N. 

Sacto. 

N. 

S.  F. 

N. 

8.  F. 

N. 

Sacto. 

S. 

L.  A. 

N. 

Sacto. 

N. 

Sacto. 

S. 

L.  A. 

N. 

Sacto. 

N. 

S.  P. 

S. 

L.  A. 

s. 

L.  A. 

N. 

S.  F. 

N. 

Sacto. 

S. 

L.  A. 

N. 

S.  F. 

S. 

L.  A. 

N 

S.  F. 

N 

8.  F. 

N 

Sacto. 

N. 

Sacto. 

N. 

Sacto. 

N 

Sacto. 

N 

S.  F. 

N 

Sacto. 

N 

Sacto. 

N. 

Sacto. 

N 

Sacto. 

S. 

Sacto. 

3 

N. 

Sacto. 

6 

S 

L.  A. 

2 

N. 

Sacto. 

3 

N. 

Sacto. 

Con- 

Equali 

«ll.u 

Attembly 

Senatorial 

grewional 

tatiun 

Vinculiural 

(ricit 

Uiiitrici*. 

Dialriela. 

Uiatrieta. 

Diatricla. 

D..tncia. 

1 

34-41 

13-16 

6 

2 

8.  F 

3 

16 

12 

2 

2 

Sacto. 

3 

16 

10 

2 

2 

Sacto. 

3 

7 

6 

1 

3 

Sacto. 

J 

16 

12 

2 

2 

Sacto. 

3 

5 

4 

1 

3 

Sacto. 

1 

18 

9 

3 

2 

.Napa. 

1 

1 

I 

3 

Sonoma. 

3 

16 

3 

2 

2 

Sacto. 

1 

30-52 

26 

7 

4 

San  Joaquin. 

J 

4 

1 

3 

Sacto. 

3 

2 

1 

1 

3 

Sonoma. 

2 

78 

39 

11 

4 

Loa  Angeles. 

2 

47 

30 

11 

4 

Sacto. 

2 

56 

32 

7 

4 

.San  Joaquin. 

2 

54 

32 

7 

4 

San  .loaquin. 

3 

11 

4 

1 

3 

Sonoma. 

3 

4 

2 

2 

3 

Sacto. 

2 

61-03 

J  29-31  1 

\  33-38  J 

12 

9-10 

4 

Los  Angeles. 

3 

49 

7 

4 

1 

17 

9 

1 

3 

Sonoma. 

3 

47 

12 

4 

Sacto. 

3 

6 

4 

1 

3 

Sonoma. 

3 

49 

12 

7 

4 

San  Joaquin. 

3 

4 

2 

2 

3 

Sacto. 

:t 

47 

12 

11 

4 

Sacto. 

1 

48 

17  • 

8 

4 

S.  P. 

3 

11 

5 

3 

3 

Napa. 

3 

9 

3 

2 

2 

Sacto. 

2. 

76 

39 

11 

4 

Los  Angeles. 

3 

9 

3 

2 

2 

Sacto. 

3 

4 

3 

2 

3 

Sacto. 

2 

77 

39 

11 

4 

Los  Angeles. 

3 

14-15 

7 

3 

2 

Sacto. 

1 

48 

11 

8 

4 

S.  P. 

57-58 

30 

11 

4 

Los  Angeles. 

2 

80 

40 

11 

4 

Los  Angeles. 

1 

21-33 

18-24 

4-5 

1 

S.  P. 

3 

19-20 

10 

3 

2 

San  Joaquin. 

2 

53 

17 

8 

4 

Los  Angeles. 

1 

42 

11 

8 

4 

8.  P. 

2 

59 

25 

8 

4 

Los  Angeles. 

I 

44-45 

27-28 

8 

4 

S.  P. 

1 

43 

11 

S 

4 

S.  P. 

3 

3 

2 

2 

3 

Sacto. 

3 

4 

3 

2 

3 

Sacto. 

3 

2 

2 

3 

Sonoma. 

3 

10 

5 

3 

3 

Napa. 

3 

12 

8 

1 

3 

Sonoma. 

3 

46 

12 

7 

4' 

San  .Toaquin. 

3 

8 

6 

1 

3 

San  Joaquin. 

3 

5 

1 

o 

3 

•Sacto. 

3 

3 

1 

2 

3 

Sonoma. 

2 

55 

32 

7 

4 

San  Joaquin. 

3 

47 

12 

2 

2 

.S.ncto. 

2 

60 

25 

8 

4 

Los  Angeles. 

3 

8 

6 

3 

3 

Sacto. 

3 

8 

6 

1 

3 

Sacto. 

TIME    TABLE.  1371 


TIME  TABLE. 

Abandonment  of  proceeding's.     See  Eminent  Domain. 
Abstract  of  judgment.     See  Lien  on  Judgment. 

ABSTRACTS  OF  TITLE. 

Notice  of  Intention  to  Use  as  Evidence. 

Notice    of   intention   to   use   an    ab-       AS  SOON  AS  THE  ACTION  IS  SET 
stract   of  title    to   prove   the    contents      FOR  TRIAL.     C.  C.  P.  1855a. 
of  a  public  record,  must  be  given 

ACCOUNT. 

Delivery  of  Copy. 

A   party   alleging   an   account    must      within     FIVE     DAYS    after    demand 
deliver    a    copy    to    the    adverse    party       therefor    in    writing.     C.    C.    P.    454. 

Account.     See  Statute  of  Limitations. 

ACCOUNTING  (BY  SURVIVING  PARTNER). 

Attachment  to  Compel. 

Where    a   surviving   partner    refuses      AFTER  NOTICE.     C.  C.  P.  1585. 
to  render  an  account,  it  may  be  com- 
pelled by  attachment 

Accounting,  appeal  from.    See  Appeal  from  Superior  Court. 
Accounting  by  assignee.     See  Assessment  for  Benefit  of  Creditors. 
Accounting  by  trustees.     See  Trustees. 
Accounting  for  rents.     See  Redemption. 

Accounting,  interlocutory  judgment   ordering.    See  Appeal  from  Su- 
perior Court. 
Account  of  guardian.     See  Guardian's  Account. 

ACCOUNTS^PROBATE. 

Revocation  of  Letters  for  Neglect  to  Account. 

Where  executor  or  administrator  has      within  THIRTY  DAYS  after   commit- 
been   committed   for   failure   to    render       ment,  his"  letters  must  be  revoked.     C. 
account,    and    neglects    to    render   such       C.  P.  1630. 
account 

Notice  of  Settlement  of  Account  Other  Than  Final. 

Settlement    of    account,    other    than       UPON   SUCH  NOTICE  AS  MAY  BE 
^nal,  must  be  FIXED    BY    THE    CLERK.     C.    C.    P. 

1633. 


1372 


HILLYER'S   LEG.\X.   MANUAL. 


Notice  of  Settlement  of  Final  Account. 

Settlement  of  final  account  must  be 

upon  notice   by  posting,  or  publication 

Attachment  for  Failure  to  File. 

Attachment  of  executor  or  adminis- 
trator for  failure  to  render  account 
must  not  be  issued  until 


for  at  least  TEN  DAYS  and  prior  to 
the  day  of  settlement.     C.  C.  P.  1634. 


AFTER  CITATION  has  been  first  is- 
sued, served  and  returned.  C.  C.  P. 
1628. 


Revocation  of  Letters  for  Failure  to  Account. 

Where  executor  or  administrator  re-       within  THIRTY  DAYS  after  the  time 
sides   out   of  the   county,   absconds   or       prescribed  by  law.     C.  C.  P.  1630. 
conceals  himself,  his  letters  may  be  re- 
voked   for    neglect    to    render    account 


Rendition. 

Account  of  executor  or  administrator 
must  be  rendered 


within  THIRTY  DAYS  after  the  ex- 
piration of  the  time  for  presentation  of 
claims.     C.  C.  P.  1628. 


Deceased  Executor  or  Administrator's  Account. 

Where     executor     or     administrator       as  in  other  cases.     C.  C.  P.  1639.     See 
dies,  his  accounts  are  presented  by  his       above, 
representative  and  settled 

Accusation  against  attorney.     See  Attorneys  at  Law. 

ACCUSATION  AGAINST  OFFICER. 

Notice  to  Appear. 

Notice  to  appear  and  answer  accusa- 
tion by  the  grand  jury  against  a  public 
ofl&cer  must  be 


not  less  than  TEN  DAYS.     P.  C.  760. 


Suspension  When  Effective. 

The  defendant  is  suspended  from  of^ 
fice  after 


THIRTY  DAYS  from  the  entry  of  judg- 
ment of  removal,  unless  certificate  of 
probable  cause  is  filed.     P.  C.  770. 


Accusation  against  officer.    See  Appearance. 


ACKNOWLEDGMENTS. 
Certified  Copies  of  Validated  Instruments. 


Certified  copies  of  the  records  of  de- 
fective instruments  validated  under 
section  1207  may  be  read  in  evidence, 
if  it  be  shown  that  the  original  instru- 
ment was  genuine  where  the  copying  in 
the    proper    book    of    record    occurred 


within  FIFTEEN  YEARS  prior  to  the 
trial  of  the  action.     C.  C.  1207. 


TIME    TABLE. 


1373 


Validating  Defective. 

Instruments  defectively  executed  or 
acknowledged,  copied  into  the  proper 
book  of  record,  are  notice  to  subse- 
quent purchasers  or  encumbrancers 


if   copied   prior   to   January   1st,    1913. 
C.  C.  1207. 


ACQUITTAL. 

Discharge  of  Defendant. 

If  a  judgment  is  given  on  a  general 
verdict,  and  the  defendant  is  not  de- 
tained for  other  legal  cause,  he  must  be 
discharged 


Discharge  of  Defendant. 

When  defendant  is  acquitted  he  must 
be  discharged 


as  soon  as  the  judgment  is  given,  unless 
the  acquittal  is  because  of  a  variance 
between  the  pleading  and  proof,  which 
may  be  obviated  by  a  new  indictment 
or  information.     P.  C.  1165. 


immediately.     P.   C.   1447. 


Actions  against  officers,  attachment  in.        See  Attachment. 
Actions  against  vessels.     See  Execution  Sales. 
Actions  by  state.     See  Statute  of  Limitations. 


ACTION  TO  DETERMINE  ADVERSE  CLAIMS. 


Possession. 

An  action  to  quiet  title  and  deter- 
mine adverse  claim  may  be  brought  by 
a  person  who  by  himself  or  his  prede- 
cessor in  interest  has  been  in  adverse 


for  TWENTY  YEARS  prior  to  the  fil- 
ing of  the  complaint,  and  who  has  paid 
all  taxes  for  FIVE  YEARS  continu- 
ously next  preceding  the  filing  of  the 


possession    of   such   property   adversely       complaint.     C.  C.  P.  749. 


Lis  Pendens. 

Lis  pendens  in  an  action  to  deter- 
mine an  adverse  claim  to  real  property 
must  be  filed 

Issuance  of  Summons. 

Summons  must  issue  in  actions  to  de- 
termine adverse  claims  to  real  property 

Mailing  Summons. 

Mailing  a  copy  of  summons  and  com- 
plaint to  nonresident  defendants  must 
be  done 

Conclusiveness  of  Judgment. 

Judgments  in  actions  to  determine 
adverse  claims  against  real  property 
are  not  conclusive  against  any  per- 
son whose  claim  has  arisen 


within  TEN  DAYS  after  the  filing  of 
the  complaint.     C.  C.  P.  749. 


within  ONE  YEAR  after  the  filing  of 
the  complaint.     C.  C.  P.  750. 


within  TEN  DAYS  after  the  making 
of  the  order  of  publication  of  summons. 
C.  C.  P.  750. 


within  TWENTY  YEARS  prior  to  the 
filing  of  the  complaint.     C.  C.  P.  750. 


1374 

Action  to  determine  an  adverse  claim.     See  Summons. 

Action  to  redeem  from  mortgage,  interlocutory  judgment  in,  appeal 
from.     See  Appeal  from  Superior  Court. 

Action  to  set  aside  fraudulent  conveyance.  See  Fraudulent  Convey- 
ances. 

ADJOURNMENT. 
Of  Legfislature. 

Neither  house  shall,  without  the  eon-       THREE  DAYS,  nor  to  any  place  other 
sent  of  the  other,  adjourn  for  more  than       than  that  in  which  they  may  be  sitting. 

Const.,  art.  4,  sec.  14. 

Adjournment.    See  Postponement. 

Adjustment  of  indebtedness.     See  Municipal  Corporations. 

Administrator.     See  Executors. 

Administrator.     See  Inventory. 

Administrator.     See  Revocation  of  Letters. 

Administrator  of  nonresident,  distribution  to.     See  Distribution. 

ADMINISTRATORS. 

Petition  for  Letters — Notice  of  Hearing. 

Notice  of  hearing  petition  for  letters       at  least  TEN  DAYS  before  the  hearing. 
of  administration   must  be  posted  C.  C.  P.  1373. 

Request  for  Notice. 

Request   for   special   notice    may    be       AT  ANY  TIME  after  issuance  of  let- 
filed  ters.     C.  C.  P.  1380. 

Administrators,  actions  by.     See  Statute  of  Limitations. 
Administrators,  fees  of.     See  Executors'  Fees. 

ADMISSION  OF  ATTORNEYS. 

Re-examination. 

No   person   rejected   for   examination       SIX    MONTHS    after    such    rejection, 
by  the  district  court  of  appeal   shall  be       Eule  I. 
at  liberty  to  renew  his  application  in 
any  court  earlier  than 

Admission  to  bail.     See  Bail. 

Adoption  of  by-laws.     See  By-laws. 

Adultery,  divorce  for.     See  Statute  of  Limitations. 

Adverse  claims.     See  Action  to  Determine  Adverse  Claims. 

Adverse  claims.     See  Summons. 


TIME    TABLE. 


1375 


ADVERSE  POSSESSION 

Possession — Seisin. 

In  actions  for  recovery  of  real  prop- 
erty, or  possession  thereof,  it  must 
appear  that  plaintiff,  his  ancestor, 
predecessor  or  grantor,  was  seised  or 
possessed   of   the    property   in    question 


within  FIVE  TEARS  before  the  com- 
mencement of  the  action.     C.  C.  P.  318. 


Possession — Seisin. 

No  cause  of  action,  or  defense  to  an 
action,  arising  out  of  the  title  to  real 
property,  can  be  effectual,  unless  it  ap- 
pear that  the  person  prosecuting  the 
action,  or  making  the  defense,  or  under 
whose  title  the  action  is  prosecuted  or 
defense  is  made,  or  the  ancestor,  prede- 
cessor or  grantor  of  such  person, 

Entry. 

Entry  upon  real  estate  is  not  valid  as 
a   claim,   unless   action   be   commenced 


possession — Presumption. 

In  every  action  for  the  recovery  of 
real  property,  or  possession  thereof, 
the  person  establishing  a  legal  title  to 
the  property  is  presumed  to  have  been 
possessed  thereof  within  the  time  re- 
quired by  law,  unless  it  appear  that  the 
property  has  been  held  and  possessed 
adversely  to  such  legal  title 

Occupancy. 

Occupation  of  real  property  by  other 
than  the  holder  of  the  legal  title  is 
deemed  to  have  been  under  and  in  sub- 
ordination to  the  legal  title,  unless  it 
appear  that  the  property  has  been  held 
and  possessed  adversely  to  such  legal 
title 

Occupancy. 

Occupancy  under  a  written  instru- 
ment or  decree  of  court,  and  possession 
of  the  property  included  therein,  or 
some  part  thereof, 


was  seised  or  possessed  of  the  premises 
in  question  within  FIVE  YEARS  be- 
fore the  commencement  of  the  act  in 
respect  to  which  such  action  is  prose- 
cuted or  defense  made.     C.  C.  P.  319. 


within  ONE  YEAR  after  making  such 
entry,  and  within  FIVE  YEARS  from 
the  time  when  the  right  to  make  such 
entry  descended  or  accrued.  C.  C.  P. 
320. 

for  FIVE  YEARS  before  the  commence- 
ment of  the  action.     C.  C.  P.  321. 


for  FIVE  YEARS  before  the  commence- 
ment of  the  action.     C.  C.  P.  321. 


for  FIVE  YEARS,  is  deemed  adverse 
possession  of  property  so  included,  un- 
less the  property  consists  of  a  tract 
divided  into  lots.     C.  C.  P.  322. 


1376 


HILLYER'S   LEGAL    MANUAL. 


Occupancy — Payment  of  Taxes. 

Adverse  possession  cannot  be  estab-       for  the   period   of  FIVE  YEARS  con- 
lished,  unless  it  be  shown  that  the  land       tinuously.     C.  C.  P.  325. 
has  been  occupied  and  claimed,  and  all 
taxes,  state,  county  or  municipal,  which 
have  been  levied  and  assessed  upon  said 
land,  paid 

Possession  of  Tenant. 

Possession  of  tenant  is  presumed  to       until  FIVE  YEARS  from  the  termina- 

be  the  possession  of  the  landlord,  tion  of  the  tenancy,  or  where  there  has 

been  no  written  lease,  from  the  time 
of  the  last  payment  of  rent,  C.  C.  P. 
326. 

Affidavit  of  title.    See  McEnerney  Actions. 
Affidavit  on  taking  deposition.    See  Deposition. 
Affidavit  where   defense   founded  on   written  instrument.    See  Gen- 
uineness and  Due  Execution. 
Agent,  designation  of.     See  Foreign  Corporations. 
Agent  of  nonresident  distributee  or  devisee.     See  Unclaimed  Property. 
Agricultural  lands.    See  Unlawful  Detainer. 


ALIAS  SUMMONS. 


Issuance. 

Alias  summons  must  issue 

Justice's  Court — Return. 

The  time  specified  for  appearance  of 

the  defendant  in  alias  summons    must 
not 

Justice's  Court — Issuance. 

Alias  summons  may  issue  at  any  time 
after  return  of  prior  summons 


within   ONE   YEAR  from  the   date   of 
filing  complaint.     C.  C.  P.  408. 

exceed  NINETY  DAYS  from  its  date. 
C.  C.  P.  846. 


within  ONE  YEAR  from  the  filing  of 
the  complaint.     C.  C.  P.  847. 


ALIEN. 


Claim  of  Successsion. 

Where  nonresident  alien  takes  by  suc- 
cession, he  must  appear  and  claim  the 
property 

Succession  by. 

No  nonresident  foreigner  can  take  by 
succession,  unless  he  appears  and  claims 
the  same 


within  FIVE  YEARS  from  the  time  of 
succession.     C.  C.  672. 


within  FIVE  YEARS  after  the   death 
of  the  decedent.     C.  C.  1404,  1405. 


TIME   TABLE.  1377 

Alternative  method.    See  Appeal  from  Superior  Court. 

Alternative  writ.     See  Mandamus. 

Amended  complaint,  answer  to.     See  Answer. 

Amended  pleading,  pleading  to.     See  Pleading. 

Amended  statement  on  appeal.     See  Appeal  from  Superior  Court. 

AMENDMENT. 
To  Pleading,  as  of  Course. 

Any  pleading  may  be  amended  once       at    any    time    BEFORE   ANSWER   OR 
by  the   party,    of   course,    and  without       DEMURRER  FILED.     C.  C.  P.  472. 
costs 

After  Demurrer  Sustained. 

When  demurrer  to  any  pleading  is  is  TEN  DAYS  after  notice  of  the  order 
sustained,  the  time  to  amend  sustaining  demurrer.     C.  C.  P.  476. 

After  Demurrer  Sustained — When  Time  Runs. 

Where  the  demurrer  to  any  pleading  from  SERVICE  OF  NOTICE  of  the 
is  sustained,  and  time  to  amend  is  order  sustaining  demurrer.  C.  C.  P.  476. 
given,  the  time   so  given  runs 

Justice's  court— Pleadings. 

Either  party  may  amend  any  pleading      at   ANY  TIME   before   CONCLUSION 

OF  THE  TRIAL.     C.  C.  P.  859. 

Justice's  Court — Of  Answer  After  Demurrer  Sustained. 

If  demurrer  to  an  answer  is  sustained,       not   exceeding  TWO  DAYS.     C.   C.  P. 

the  defendant  may  amend  within  such       858,  subd.  3. 
time  as  the  court  may  allow, 

Justice's  Court — Of  Complaint  After  Demurrer  Sustained. 

Where  demurrer  is  sustained,  plaintiff       not   exceeding  TWO  DAYS.     C.  C.  P. 

may   amend,   within   such   time    as   the       858,  subd.  1. 
eourt  allows, 

Of  Contest  to  Probate,  After  Demurrer  Sustained. 

If   a   demurrer  to   a   contest  is  sus-       not   exceeding   TEN  DAYS.     C.    C.   P. 
tained,   the   court   must   allow  the  eon-       1312. 
testant  a  reasonable  time  to  amend 

Amendment  of  articles  of  incorporation.  See  Articles  of  Incorpora- 
tion. 

Amendment  to  bill  of  exceptions  in  criminal  cases.  See  Appeal  from 
Superior  Court  in  Criminal  Cases. 

Amendment  to  statement  on  appeal.  See  Appeal  from  Superior 
Court. 

Amendments  to  statement  on  appeal  on  questions  of  law.  See  Appeal 
to  Superior  Court. 

87 


1378  hillyer's  legal  manual. 

Ancient  writings.     See  Handwriting. 
Animal,  lien  on.     See  Liens  on  Animals. 
Annual  labor.     See  Mining. 
Annulling  election.     See  Judgment. 
Annulment.    See  Statute  of  Limitations. 

ANSWER. 

After  Demurrer  Overruled — When  Time  Runs. 

Where   a   demurrer  is   overruled,  the       from    the    SERVICE    of    NOTICE    of 
time  to  answer  runs  overruling  demurrer.     C.  C.  P.  476. 

Answer  to  Amended  Complaint. 

Answer  to  amended  complaint  must      within  TEN  DAYS  after  service  of  sum- 
be  made  mons,  or  of  the  complaint  as  amended 

as  the  case  may  be.     C.  C.  P.  432. 
In  Unlawful  Detainer. 

Defendant  may  answer  on  or  before  the  day  fixed  for  his  ap- 

pearance.    C.  C.  P.  1170. 

Justice's  Court — After  Demurrer  Overruled. 

If  demurrer  to  the  complaint  is  over-       FORTHWITH.     C.   C.  P.   858,  subd.  2. 
ruled,   the  defendant  may  answer 

In  Civil  Actions  in  Police  Court.  ! 

In   actions  in  Police   Courts  the   de-       ON    THE   RETURN    of   the   summons. 
fendant  may  answer  C,  C.  P.  931. 

After  Arraignment. 

Upon     arraignment     the     defendant       not  less  than  ONE  DAY.     P.  C.  990. 
must  be  allowed  a  reasonable  time  to 
answer  the   indictment   or   information 

After  Motion  to  Set  Aside  Indictment  or  Information. 

Where  motion  to  set  aside  the  indict-       answer  IMMEDIATELY.     P.  C.  997. 
ment  or  information  is  denied,  defend- 
ant must 

Answer.    See  Appearance. 

Answer.     See  Pleading. 

Answer  in  certiorari.     See   Certiorari. 

Answer  in  procedendo.     See  Procedendo. 

Answer  in  prohibition.     See  Prohibition. 

Answer  in  Supreme  Court.     See  Mandamus. 

Answer  to  accusation.     See  Attorneys  at  Law. 

Answer  to  application  for  writ  of  mandamus.     See  Mandamus. 

Answer  to  complaint  in  intervention.     See  Intervention. 


TIME    TABLE.  1379 

Answer  to  cross-complaint.     See  Cross-complaint. 

Answer  to  impeachment.     See  Impeachment. 

Answer  to  petition  for  rehearing.     See  Appeal  from  Superior  Court. 

Appeal,  appeals  from.     See  Appeal  to  Superior  Court. 

Appeal,  cost  bill  on.     See  Costs. 

Appeal  from  inferior  court.     See  Appeal  from  Superior  Court. 

Appeal  from  judgment  rendered  on  appeal  from  inferior  court.     See 

Appeal  from  Superior  Court. 
Appeal  from  Justice's  Court.    See  Appeal  to  Superior  Court. 
Appeal  from  Police  Court.     See  Appeal  to  Superior  Court. 

APPEAL  (FROM  SUPERIOR  COURT). 

From  Final  Judgment. 

An  appeal  from  a  final  judgment  of      within  SIX  MONTHS  after  the  entry  of 
Superior   Court,   rendered  in   an   action       judgment.     C.  C.  P.  939,  subd.  1. 
commenced  in  the  Superior  Court,  may 
be  taken 

Insufficiency  of  Evidence  Reviewable  When. 

An  exception  to  tlie  decision  or  ver-       within   SIXTY  DAYS  after  the  entry 
diet  on  the  ground  that  it  is  not  sup-       of  the  judgment.     C.  C.  P.  939,  subd.  1. 
ported  by  the  evidence    cannot  be  re- 
viewed on  an  appeal  from  the  judgment 
of  a  Superior  Court,  unless  the  appeal 
is  taken 

From  Judgment  Rendered  on  Appeal  from  Inferior  Court. 

An  appeal  from  a  judgment  of  the  ^  within  NINETY  DAYS  after  the  entry 
Superior  Court,  rendered  on  appeal  from  of  such  judgment.  C.  C.  P.  939,  subd.  2. 
an  inferior  court,  must  be  taken 

From  Orders  and  Interlocutory  Judgments. 

An  appeal  from  an  order  granting  or 
refusing  a  new  trial;  from  an  order 
granting    or    dissolving    an    injunction; 

from  an  order  refusing  to  grant  or  dis-  ^ 

solve  an  injunction;  from  an  order 
appointing  a  receiver;  from  an  order 
dissolving  or  refusing  to  dissolve  an  at- 
tachment; from  an  order  granting  or 
refusing  to  grant  a  change  of  the  place 
of  trial;  from  any  special  order  made 
after  final  judgment;  from  an  interlocu- 
tory judgment,  order,  or  decree  here- 
after made  or  entered  in  any  action  for 
divorce  or  to  redeem  real  or  personal 
property  from  a  mortgage  thereof,  or 
lien  thereon,  determining  such  right  to 


1380 


HILLYER'S  LEGAL   MANUAL. 


redeem  and  ordering  an  accounting; 
from  an  interlocutory  judgment  in  ac- 
tions for  partition  of  real  property;  and 
from  an  order  confirming,  changing, 
modifying,  or  setting  aside  the  report, 
in  whole  or  in  part,  of  the  referees  in 
fictions  for  partition  of  real  property 
in  the  cases  mentioned  in  section  seven 
hundred  and  sixty-three  of  the  Code 
of  Civil  Procedure 


From   Interlocutory   Judgment   in   Divororce. 


must  be  taken  within  SIXTY  DAYS 
after  the  order  or  interlocutory  judg- 
ment is  made  and  entered  in  the  min- 
utes of  the  court,  or  filed  with  the  clerk. 
C.  C.  P.  939,  subd.  3. 


Appeal  from  an  interlocutory  judg- 
ment   may  be  taken  within 

In  Election  Contests. 

Appeal  from  the  judgment  in  a  con- 
tested election  case,  must  be  taken 

In  Probate. 

Appeals  in  probate  may  be  taken 
after  an  order,  decree  or  judgment  is 
made  or  rendered 


SIX  MONTHS  after  its  entry,  in  the 
same  manner  and  with  like  effect  as  if 
the  judgment  were  final.     C.  C.  131. 

within  THIRTY  DAYS  after  notice  of 
entry.     C.  C.  P.  1126. 


but  not  less  than  SIXTY  DAYS  after 
the  same  is  entered  on  the  minute-book 
of  the  court.     C.  C.  P.  1725. 


From  Proceedings  to  Determine  Heirship. 

APPEALS  from  proceedings  to  deter-       within  SIXTY  DAYS  from  the  entry  of 


mine  heirship    must  be  taken 

Filing  Undertaking. 

Undertaking  on  appeal  from  the  Su- 
perior Court    must  be  filed 

Effect  on  Attachment. 

An  appeal  does  not  continue  in  force 
an  attachment,  unless  perfected 

Undertaking — ^Exception  to  Sureties. 

Exception  to  the  sufficiency  of  the 
sureties  on  an  undertaking  on  appeal 
may  be  made  at  any  time 

Undertaking — Justification  of  Sureties. 

Sureties  on  undertaking  on  appeal 
must  justify 


the  judgment  or  the   order  complained 
of.     C.  C.  P.  1664. 


within  FIVE  DAYS  after  service  of  the 
notice  of  appeal.     C.  C.  P.  940. 

within  FIVE  DAYS  after  the  entry  of 
the  order  appealed  from.     C.  C.  P.  946. 

within  THIRTY  DAYS  after  notice  of 
the  filing  of  the  undertaking.  C.  C.  P. 
948. 

within  TWENTY  DAYS  after  notice  of 
exception,  and  upon  FIVE  DAYS'  no- 
tice.    C.  C.  P.  948. 


Service  of  SUtement  on  Appeal  Where  Motion  for  New  Trial  was  on  Minutes. 

Where  motion  for  a  new  trial  is  based  within  TEN  DAYS  after  entry  of  the 
upon  the  minutes  of  the  court,  proposed  order  granting  or  denying  the  new  trial, 
statement  upon  appeal  must  be  served  C.  C.  P.  661. 


TIME    TABLE.  1381 

Proposed  Amendments  to  Proposed  Statement  on  Appeal  from  Motion  for  New 
Trial  on  Minutes. 
Proposed     amendments    to    proposed       within  TEN  DAYS  after  service  of  the 
statement  on  appeal   must  be  served  proposed  statement.     C.  C.  P.  661. 

Presentation  Where  Amendments  are  Accepted. 

If  proposed  amendments  are  accepted,       WITHOUT  NOTICTE.     C.  C.  P.  661,  659, 
statement  must  be  amended  accordingly,       660. 
and  may  be  presented  to  the  judge 

Presentation  Where  Amendments  are  Rejected. 

If  projwsed  amendments  are  rejected,  within  TEN  DAYS  after  service  of  the 
proposed  statement  and  amendments  proposed  amendments,  upon  FIVE 
must  be  presented  to  the  judge  DAYS'  notice,  or  they  may  be  delivered 

to   the  clerk  without  notice.     C.   C.  P. 

661,  659,  650. 

Proposed  Amendments  on  Appeal  from  Order  on  Motion  to  Vacate  and  Enter 
Different  Judgment. 
Proposed    amendments    to    proposed       within  TEN  DAYS  after  service  of  pro- 
statement  on  appeal  from  order  grant-       posed   statement.     C.    C.   P.    663a,    661, 
ing  or  denying  motion  to  vacate  a  judg-       659  and  650. 
ment   and  enter   a   different   judgment, 
must  be  served 

Presentation  of  Amended  Statement  on  Appeal. 

If  proposed  amendments  are  accepted,       without  NOTICE.     C.  C.  P.  663a,  661, 
amended  statement  on  appeal  may  be       659,  650. 
presented  to  the  judge  or  delivered  to 
the  clerk  for  the  judge. 

Presentation  of  Statement  Where  Amendments  Rejected, 

Where  proposed  amendments  are  re-  within  TEN  DAYS  after  service  of  pro- 
jected, proposed  statement  and  pro-  posed  amendments  and  upon  FIVE 
posed  amendments  must  be  presented  DAYS'  notice,  or  delivered  to  the  clerk 
to  the  judge  for  the  judge,  without  NOTICE.     C.  C. 

P.  663a,  661,  659,  650. 
Engrossment  of  Statement  on  Appeal. 

After  settlement  of  statement  on  ap-  within  TEN  DAYS.  C.  C.  P.  663a,  661, 
peal,  same  must  be  engrossed  659,  660. 

From  Order  on  Motion  to  Enter  Different  Judgment,  Service  of  Proposed  State- 
ment. 

Proposed   statement  on   appeal  from       within  TEN  DAYS  after  entry  of  the 
order  granting  or  denying  a  motion  to       order.     C.  C.  P.  663a,  661. 
vacate  judgment  and  enter  a  different 
judgment    must  be  served 


1382 


hillyer's  legal  manual. 


Alternative   Method — Notice   of   Appeal. 

Notice  of  appeal  by  the  alternative 
method    must  be  filed 


Request  for  Transcript. 

Notice  to  county  clerk  that  party 
desires  or  intends  to  appeal  and  re- 
questing transcript  must  be  filed 

Transcript. 

The  reporter  must  prepare  the  tran- 
script of  the  trial  and  file  the  same  with 
the  clerk 

Notice  of  Filing  Transcript. 

Th«  clerk  must  give  notice  that  the 
transcript  has  been  filed  and  will  be 
presented  to  the  judge  for  approval 

Transcript — Certification  "by  Attorney. 

The  attorney  to  whom  the  transcript 
on  appeal  is  presented  must  join  in  the 
certificate,  if  the  transcript  is  correct, 
within 


within  SIXTY  DAYS  after  notice  of 
entry  of  the  judgment,  order  or  decree 
has  been  served,  but  in  any  event  not 
later  than  SIX  MONTHS  after  the  en- 
try of  the  judgment,  order  or  decree. 
C.  C.  P.  941b. 

within  TEN  DAYS  after  notice  of  the 
entry  of  the  judgment,  order  or  decree 
appealed  from.     C.  C.  P.  953a. 


wnthin  TWENTY  DAYS  after  notice  of 
appeal  has  been  filed.     C.  C.  P.  953a. 


within    FIVE    DAYS    after    receipt    of 
said  notice.     C.  C.  P.  953a. 


FIVE  DAYS.     Eule  XI. 


Transcript— Correction  and  Certification  of. 


The  attorney  to  whom  a  transcript  is 
presented  must,  if  the  transcript  is  in- 
correct, serve  upon  the  adverse  party 
a  written  statement  of  the  particulars 
in  which  the  transcript  is  incorrect, 
within 


FIVE  DAYS,  and  must  join  in  the  cer- 
tificate within  TWO  DAYS  after  the 
corrected  transcript  is  presented  to  him. 
Eule  XI. 


Transcript. 

The  appellant  in  a  civil  action  must 
serve  and  file  the  transcript  of  the 
record,  duly  certified,  within 

Appellant's  Points  and  Authorities. 

The  appellant  shall  file  with  the  clerk 
his  printed  points  and  authorities,  with 
proof  of  service  of  one  copy  upon  the 
attorney  or  attorneys  of  each  respond- 
ent, 


FORTY  DAYS  after  an  appeal  is  per- 
fected.    Eule  II. 


THIRTY  DAYS  after  the  filing  of  the 
transcript.     Eule  II,  subd.  4. 


TIME    TABLE. 


1383 


Respondent's  Points  and  Authorities. 

The  respondent  shall  serve  and  file 
his  printed  points  and  authorities 
within 


THIRTY  DAYS  after  the  service  of 
appellant's  points  and  authorities. 
Rule  II,  subd.  4. 


Appellant's  Points  and  Authorities  in  Reply. 

After     the    service    of     respondent's       TEN  DAYS. 
points  the  appellant  may  serve  and  file 
a   reply    within 


Rule  11,  subd.  4. 


Judgment  by  Department,  When  Final. 

No  judgment  by  a  department  shall 
become  final  until  the  expiration  of 


Order  for  Hearing  in  Bank. 

Where  a  case  has  been  allotted  to  one 
of  the  departments,  and  a  judgment  pro- 
nounced thereon,  the  order  directing  the 
cause  pending  before  the  court  to  be 
heard  and  decided  in  bank  must  be 
made  within 

Application  for  Rehearing. 

Application  for  rehearing  before  the 
court  rendering  the  judgment  (whether 
the  Supreme  or  District  Court)  must  be 
filed 

Answer  to  Petition  for  Rehearing. 

The  adverse  party  may  file  an  answer 
thereto  not  less  than 

Filing  Time  not  Extended. 

The  time  prescribed  shall  not  be  ex- 
tended, and  the  clerk  must  not  file  any 
such  application  or  answer 

Order  That  Cause  be  Heard  by  Supreme 

The  Supreme  Court  may  order  any 
cause  pending  before  a  District  Court 
of  Appeal  to  be  heard  and  determined 
by  the  Supreme  Court,  which  order  may 
be  made 

Judgment  of  District  Court  of  Appeals, 

Judgments  of  the  District  Court  of 
Appeal  shall  become  final  therein  upon 
the  expiration  of 


THIRTY  DAYS  after  such  judgment, 
unless  approved  by  the  chief  justice, 
in  writing,  and  with  the  concurrence  of 
two  associate  justices.  Const.,  art.  6, 
sec.  2. 

THIRTY  DAYS  after  such  judgment 
and  concurred  in  by  two  associate  jus- 
tices.    Const.,  art.  6,  sec.  2. 


within  TWENTY  DAYS  after  the  judg- 
ment is  pronounced.  Rule  XXX, 
subd.  1. 


TWO  DAYS  before  the  time  for  making 
such  order  for  hearing  in  the  Supreme 
Court  will  expire.     Rule  XXX,  subd.  3. 

AFTER  THE  TIME  therefor  has  ex- 
pired.    Rule  XXX,  subd.  4. 

Court. 
BEFORE  JUDGMENT  has  been  pro- 
nounced by  a  Dis-trict  Court  of  Appeal, 
or  within  THIRTY  DAYS  after  such 
judgment  shall  have  become  final. 
Const.,  art.  6,  sec.  4. 

When  Final. 

THIRTY  DAYS  after  the  same  shall 
have  been  pronounced.  Const.,  art.  6, 
sec.  4. 


1384 


hillyer's  legal  manual. 


Copy  of  Opinion  of  District  Court  of  Appeal. 


The  clerk  of  the  District  Court  of 
Appeal  shall  forthwith  send  to  the  Sec- 
retary of  the  Supreme  Court,  a  copy  of 
the  opinion  of  the  District  Court  of 
Appeal  upon  which  such  final  judgment 
was  given,  at  the  expiration  of 

Remittitur  from  District  Court. 

When  a  judgment  of  a  District  Court 
of  Appeal  becomes  final  therein  the  re- 
mittitur shall  not  be  issued  until  after 
the  lapse  of 

Application  for  Hearing  in  Supreme  Court. 


THIRTY  DAYS,  if  no  order  for  hearing 
has  been  made  by  the  Supreme  Court. 
Eule  XXXIV,  subd.  2. 


THIRTY  DAYS.     Eule  XXXIV,  subd.  1. 


Applications  after  a  judgment  of  a 
District  Court  of  Appeal  has  become 
final,  for  an  order  that  the  cause  be 
heard  and  determined  by  the  Supreme 
Court,  must  be  accompanied  by  a  copy 
of  the  opinion  of  the  District  Court  of 
Appeal,  showing  the  date  of  the  filing 
thereof,  and  must  be  filed  and  a  copy 
served  on  the  adverse  party,  within 


TEN  DAYS  after  the  judgment  of  the 
District  Court  of  Appeal  has  become 
final  therein.     Eule  XXX,  subd.  3. 


APPEAL  FROM  SUPERIOR  COURT  (IN  CRIMINAL  CASES). 
When  Taken. 

Appeal  must  be  taken  at  the  time  the       judgment    or   order    appealed    from   is 

made.     P.   C.  1239,  1240. 
Transmission  of  Record. 

The  clerk  of  the  court  must  transmit       within  TWENTY  DAYS  after  the  ap- 
the  record  to  the  clerk  of  the  Appellate       peal  is  taken.     P.  C.  1246. 
Court,    and    deliver    copies    thereof    to  . 

the  district  attorney  and  the  defendant, 
or  his  attorney, 

Designation  of  Notes  to  be  Transcribed. 

On  appeal  to  the  Supreme  Court  or 
District  Court  of  Appeal,  the  defendant 
or  district  attorney  must  designate  what 
portion  of  the  reporter's  notes  shall  be 
transcribed 

Criminal  Cases,  Transcription  on  Death  or  Illness  of  Reporter. 

In  case  of  the  death  or  illness  of  the       prepared  by  the  appellant.     P.  C.  1247b. 
reporter,  the  original  transcription  must 
be 


within  TWO  DAYS  after  the  appeal  is 
taken.     P.   C.   1247. 


TIME   TABLE. 


1385 


Direction  to  Reporter  to  Transcribe. 

The  court  must  direct  the  reporter  to 
transcribe  such  portion  of  his  notes 
as  the  court  may  direct, 


within  ONE  DAY  after  filing  the  appli- 
cation; if  the  court  fails  to  make  the 
order  within  ONE  DAY,  the  order  is 
deemed  made  for  the  portion  of  the 
notes  requested  in  the  application.  P. 
C.  1247. 


riling  Transcription  of  Reporter's  Notes. 

The  reporter  must  file  with  the  clerk       within  TWENTY  DAYS  after  the  mak- 
an  original  transcript  and  three  carbon       ing  of  the  application.     P.  C.  1247. 
copies 


Delivery  of  Copies  of  Transcribed  Notes. 

Upon  filing  of  the  transcribed  notes 
by  the  reporter,  the  clerk  must 


Proposed  Correction  of  Transcript. 

Proposed  correction  of  the  transcript 
must  be  filed 

Objections  to  Transcript. 

The   court   must  hear  and  determine 
the  objections  to  the  transcript 


immediately  deliver  one  carbon  copy  to 
the  defendant,  one  to  the  district  at- 
torney and  the  original  to  the  court. 
P.  C.  1247a. 

within  TEN  DAYS  after  the  filing  of 
transcribed  proceedings.     P.  C.  1247a. 


immediately,  and  upon  determination 
and  correction,  if  necessary,  must  cer- 
tify the  transcript  and  immediately  re- 
deliver to  the  clerk.     P.  C.  1247a. 


Certification  and  Delivery  of  Corrected  Transcript. 

When  the  original  transcript  has  immediately,  and  immediately  transmit 
been  received  by  the  clerk  from  the  to  the  attorney  general  a'  carbon  copy 
judge,  he  must  transmit  it  to  the  court  with  all  corrections  thereon.  P.  C. 
from  which  the  appeal  was  taken  1247a. 


Further  Transcription. 

The  appellate  court  may  order  further 
transcription  of  the  proceedings 


within     the     time    fixed    in    its    order. 
P.  C.  1247c. 


Extension  of  Time  for  Filing  Transcript. 

Time  for  filing  transcript  cannot  be       SIXTY  DAYS. 
extended  by  the  lower  court,  but  may 
be  extended  by  the  appellate  court  not 
exceeding 


P.  C.  1247d. 


Dismissal  for  Irregularity. 

Appeal  may  be  dismissed  for  irregu- 
larity 


upon  FIVE  DAYS'  notice.     P.  C.  1248. 


1386  hillyer's  legal  manual. 

Hearing. 

Appeal    must   be    heard     and     deter-       within  SIXTY  DAYS  after  the  record 
mined  by  the  appellate  court  is  filed  in  the  appellate  court,  unless  the 

defendant  consents  to  continue  it.     P. 

C.  1252. 

Bill  of  Exceptions,  Presentation  to  Judge. 

In   criminal  cases  the  adverse  party       THIRTY  DAYS  after  the  ruling.     Kule 
may  present  to  the  judge  a  bill  of  ex-       XXXVI,  subd.  1. 
ceptions,  where  no  statutory  method  is 
prescribed  within 

Service  of  Amendments  to  Bill  of  Exceptions. 

In  criminal  cases  amendments  to  bill       TEN   DAYS   after   the   service   of   the 
of  exceptions  may  be  served  within  proposed  bill.     Eule  XXXVI,  subd.  1. 

Settlement  of  Bill  of  Exceptions. 

In   criminal  cases  the  bill   of  excep-       THREE    DAYS'  notice  to  the  parties, 

tions  must  be  settled  by  the  judge,  upon  and  within  SIXTY  DAYS  after  the  rul- 
ing complained  of.  Eule  XXXVI,  subd. 
1. 

Points  and  Authorities. 

In  criminal  cases  the  appellant  shall       TEN    DAYS   after    the    filing   of    the 
file    his    points    and    authorities    (with       transcript.     Kule  II,  subd.  4. 
proof  of  service  of  a  copy  thereof  on 
the   Attorney   General)     within 

Points  and  Authorities  in  Reply. 

The  Attorney  General  shall  serve  and       TEN  DAYS  after  service  upon  him  of 
file    his    points    and   authorities   within       the  appellant's  points.     Eule  II,  subd.  4. 

Appellant's  Reply  Brief. 

The   appellant   may  serve   and  file   a       FIVE  DAYS  thereafter.     Eule  II,  subd. 
reply    within  4. 

Appeal  in  criminal  cases  in  justice's  court.     See  Appeal  to  Superior 

Court — Criminal  Cases. 
Appeal  in   criminal  cases  in   police   court.    See   Appeal  to  Superior 

Court — Criminal  Cases. 
Appeals  in  probate.     See  Appeal  from  Superior  Court. 

APPEAL  (TO  SUPERIOR  COURT). 

Notice  of  Appeal. 

Notice  of  appeal  from  a  Justice   or       within  THIRTY  DAYS  after  the  rendi- 
Police  Court  to  the  Superior  Court  must       tion  of  the  judgment.     C.  C.  P.  974. 
be  filed  and  served 


TIME    TABLE. 


1387 


Statement  on  Appeal  on  Questions  of  Law. 

On  appeals  of  questions  of  law  alone,       within  TEN  DAYS  from  the  rendition 
the  statement  must  be  filed  of  judgment.     C.  C.  P.  975. 


Amendments  to  Statement  on  Appeal. 

The   adverse   party   may  file   amend- 
ments to  the  statement  on  appeal 

When  Taken. 

An  appeal  to  the  Superior  Court  must 
be  taken 


Statement  on  Appeal. 

Statement  on  appeal  must  be  filed  and 
settled 

Transmission  of  Record. 

The  justice  or  judge  must  transmit 
the  record  to  the  clerk  of  the  Superior 
Court 

Filing  Undertaking. 

Undertaking  on  appeal  must  be  filed 

Exception  to  Sureties. 

Exception  to  the  sufficiency  of  the 
sureties  on  undertaking  on  appeal  must 
be  taken 

Justification. 

Sureties  on  an  undertaking  on  appeal 
must  justify 


within  TEN  DAYS  after  notice  that  the 
statement  is  filed.     C.  C.  P.  975. 


within  FIFTEEN  DAYS  after  the  judg- 
ment is  rendered,  or  within  TEN  DAYS 
after  the  order  is  made  from  which  the 
appeal  is  taken.     P.  C.  1467. 

within  TEN  DAYS  after  filing  notice  of 
appeal.     P.  C.  1468. 


within  FIVE  DAYS  after  the  receipt  of 
the  notice  of  appeal  and  filing  of  the 
undertaking,  and  after  settlement  of 
statement.     C.  C.  P.  977. 

within  FIVE  DAYS  after  filing  of  the 
notice  of  appeal.-    C.  C.  P.  978a. 

within  FIVE  DAYS  after  the  filing  of 
the  undertaking.     C.  C.  P.  978a. 


within  FIVE  DAYS  after  notice  of  ex- 
ception upon  notice.     C.  C.  P.  978a. 


APPEARANCE. 

After  Service  of  Summons. 

In  an  action  in  the  Superior  Court  within  TEN  DAYS  if  the  summons  is 
the  defendant  must  appear  and  answer  served  within  the  county  in  which  the 
the  complaint  action     is    brought;     within     THIRTY 

DAYS   if   served   elsewhere.     C.    C.   P. 

407. 

not  more  than  TEN,  nor  less  than  FIVE, 
DAYS  from  the  presentation  of  the 
accusation,  and  must  be  heard  within 
TWENTY  DAYS  from  the  presentation 
of  the  accusation.     P.  C.  772. 


Of  Officer  Cited  for  Taking  lUegel  Fees. 

A  citation  against  an  officer  for  col- 
lecting legal  fees,  or  neglecting  to  per- 
form official  duties,  must  require  his 
appearance 


1388 

Justice's   Court — Where  Arrest   Ordered. 

If  an  order  of  axrest  is  indorsed  upon       FORTHWITH.     C.  C.  P.  845,  subd.  1. 
the  summons,  the  time  for  appearance 
must  be 

Justice's  Court— Where  No  Order  for  Arrest. 

When  an  order  of  arrest  is  indorsed  FIVE  DAYS  if  served  within  the  city 
on  the  summons,  the  time  specified  for  and  county,  township  or  city;  TEN 
appearance,  must  be  DAYS  if  served  out  of  the  township  or 

city,  but  within  the  county,  and 
TWENTY  DAYS  if  served  elsewhere. 
C.  C.  P.  845,  subd.  2. 

Appearance.     See  Demurrer;  Answer. 

Appearance.     See  Summons. 

Appearance  of  corporation  in  criminal  cases.     See  Summons. 

Appearance  on  service  of  summons  on  cross-complaint.  See  Cross- 
complaint. 

Application  for  counsel  fees.     See  Counsel  Fees. 

Application  for  hearing  in  supreme  court.  See  Appeal  from  Superior 
Court. 

Application  for  letters  of  guardianship.     See  Guardianship. 

Application  for  partial  distribution.     See  Partial  Distribution. 

Application  for  writ  of  habeas  corpus.     See  Habeas  Corpus. 

Application  to  discharge   attachment.     See   Attachment. 

Application  to  reduce  bail.     See  Arrest  and  Bail. 

Application  to  sell  homestead.     See  Homestead. 

Appointment  of  commissioner.     See  Foreclosure  (of  Mortgages). 

Appraisement  of  lost  property.     See  Lost  Property. 

Appraisers  on  execution  against  homestead.    See  Execution. 

Appraisers,  report  of.    See  Probate  Homestead. 

APPRENTICES. 

Citation  to  Apprentice  for  Misbehavior. 

An  apprentice  who  is  guilty  of  any       TEN  DAYS  after  the  service  thereof, 
gross  misbehavior,  or  refusal  to  do  his       C.  C.  274. 
duty,  or  willful  neglect  thereof,  may  be 
cited   to   appear    and   answer   the   com-  • 

plaint  of  the  master,  within 

Apprentices.     See  Statute  of  Limitations. 

APPROPRIATION. 

For  Electrical  Purposes. 

No  water  for  the  generation  of  elec-  than    TWENTY-FIVE  YEARS,  except 

tricity,  or  electrical  or  other  power  may  by  a  municipal  corporation,  other  than 

be  appropriated  for  a  longer  period  an  irrigation  district,  or  a  lighting  dis- 


TIME   TABLE. 


1389 


Commencement  of  Construction. 

Appropriator    of     water     must     com- 
mence construction 

Notice  of  Appropriation. 

Notice  of  appropriation  must  be  re- 
cerded 


trict,  or  by  an  irrigation  district  when 
such  electricity,  electrical  or  other 
power  is  for  distribution  only  in  its 
own  limits.     C.  C.  1410. 

within  SIXTY  DAYS  after  the  notice 
is  posted.     C.  C.  1416. 


within  TEN  DAYS  after  it  is  posted. 
C.  C.  1415. 


Commencement  of  Construction  on  Public  Reservation. 


Where  place  of  diversion  is  within  a 
public  reservation,  claimant  has 


SIXTY  DAYS  after  grant  of  authority 
in  which  to  commence  construction,  pro- 
vided that  within  SIXTY  DAYS  after 
posting  notice  he  commences  and  prose- 
cutes application  for  permit.  C.  C. 
1422. 


ARBITRATION. 


Petition  for  Entry  of  Judgment. 
Application  for   the    entry  of 
ment  on  award   must  be  made 


Argument.    See  Calendar. 
Argument.    See  Mandamus. 
Arraignment.     See  Answer. 


judg-  after  the  expiration  of  FIVE  DAYS 
from  the  entry  of  the  award,  and  upon 
at  least  FOUR  DAYS'  notice  to  the  ad- 
verse party.     C.  C.  P.  1286. 


ARREST. 


Taking  Defendant  Before  Magistrate. 

Defendant   when    arrested    must    be 
taken  before  a  magistrate 

Arrest.     See  Sentence. 


without  unnecessary  delay. 

849. 


P.  C.  825- 


ARREST  AND  BAIL. 


Order  of  Arrest. 

Order  for  arrest  may  be  made 


Discharge  on  Giving  Bail  or  Deposit. 

The  defendant    must    be    discharged 
from  arrest  upon  giving  bail  or  deposit 


at  time  of  ISSUING  SUMMONS,  or  any 
time  after,  before  judgment.  C.  C.  P. 
482. 

at  any  time  BEFORE  EXECUTION. 
C.    C.    P.    486. 


1390 


HILLYER'S   LEGAL    MANUAL. 


When  Bail  Finally  Charged  on  Undertaking. 


If  defendant  is  not  rearrested  or  sur- 
rendered ten  days  after  judgment,  the 
bail  are  finally  charged  on  their  under- 
taking and  bound  to  pay  the  amount 
of  the  judgment 

Filing  Papers. 

The  sheriff  must  file  the  order  of  ar- 
rest, and  a  copy  of  the  undertaking  in 
the  office  of  the  clerk  of  the  court  in 
which  the  action  is  pending, 

Filing  Undertaking. 

If  plaintiff  does  not  serve  notice  that 
he  does  not  accept  the  bail,  the  sheriff 
must  file  the  original  undertaking  with 
the  clerk  of  the  cDurt 

Notice  to  Justify. 

On  receipt  of  notice  that  the  plaintiff 
does  not  accept  the  bail,  the  sheriff  may 
give  to  the  plaintiff  or  his  attorney 
notice  of  the  justification  of  the  bail 

Notice  of  Justification. 

The  time  specified  in  the  sheriff's 
notice  for  the  justification  of  the  bail 
must  not  be 

Deposit  in  Lieu  of  Bail. 

The  defendant  may  instead  of  giving 
bail  deposit  with  the  sheriff  the  amount 
mentioned  in  the  order  of  arrest 

Surrender  of  Defendant  by  Bail. 

The  bail  may  surrender  the  defendant 
in  their  exoneration 

Notice  of  Nonacceptance  of  Bail. 

The  plaintiff  may  serve  notice  upon 
the  sheriff  that  he  does  not  accept  the 
bail 

Payment  into  Court. 

The  sheriff  must  pay  the  deposit  into 
court 

Substitution   of  Bail   for  Deposit. 

The  defendant  may  substitute  bail  for 
his  deposit 


within  TEN  DAYS  thereafter.     C.  C.  P. 


within  the  TIME  LIMITED  for  that 
purpose  in  the  order  for  arrest.  C.  C. 
P.  492,  483. 


after  TEN  DAYS  from  the  filing  of  the 
order  of  arrest.     C.  C.  P.  492. 


within  FIVE   DAYS  after  the  receipt 
of  the  notice.     C.  C.  P.  493. 


less    than   FIVE   nor   more     than   TEN 
DAYS  thereafter.     C.  C.  P.  493. 


AT  THE  TIME  of  his  arrest.     C.  C.  P. 

497. 


at  any  time  BEFORE  JUDCrMENT  or 

TEN  DAYS  thereafter.     C.  C.  P.  488. 


within  TEN  DAYS  after  the  filing  of 
the  order  of  arrest.     C.  C.  P.  492. 


IMMEDIATELY    AFTER    the  deposit. 
C.  C.  P.  498. 


AT  ANY  TIME  before  judgment.     C.  C. 
P.  499. 


TIME    TABLE. 


1391 


Justification  of   Substituted  Bail. 

Bail     substituted    for    deposit    must 
justify 


UPON  NOTICE.     C.  C.  P.  499. 


Liability  of  Sheriff  for  Escape,  How  Discharged. 

Where  defendant  escapes,  or  is  res-       AT  ANY  TIME  before  judgment.     C. 
cued,  the  sheriff  may  discharge  himself       C.  P,  501. 
from  liability  by  giving  bail 


Motion  to  Vacate  Order  of  Arrest. 

Motion  to  vacate  order  of  arrest  may 
be  made 


Application  to  Reduce  Bail. 

Application   to   reduce   bail   may   be 
made 


at  any  time  BEFORE  TRIAL,  or  if 
there  be  no  trial,  BEFORE  the  ENTRY 
OF  JUDGMENT  upon  reasonable  no- 
tice.    C.  C.  P.  503. 

at  any  time  BEFORE  TRIAL,  or  if 
there  be  no  trial,  before  ENTRY  OF 
JUDGMENT     upon    reasonable   notice. 

C.  C.  P.  503. 

Plaintiff  to  Advance  Funds  for  Support  of  Prisoner. 

Whenever  a  person  is  committed  to  the  creditor  must  advance  sufficient 
jail  on  an  execution  issued  in  a  civil  money  for  the  support  of  the  prisoner 
action,  at  the  commencement  of  EACH  WEEK. 

C.  C.  P.  1154. 


Justice's  Court — Arrest  Where  Order  on  Summons. 

Where  an  order  to  arrest  is  indorsed  AT    THE    TIME  of    SERVING 

on  the  summons,  the  defendant  may  be"  SUMMONS.     C.  C.  P.  861. 
arrested 


THE 


Justice's  Court — Taking  Before  Justice. 
The  defendant  arrested  must  be  taken 
before  the  justice 


IMMEDIATELY.     C.   C.  P.   863. 


Justice's  Court — Notice  of  Arrest  to  Plaintiff. 

The   officer  making  the   arrest  must      IMMEDIATELY. 

give  notice  thereof  to  the  plaintiff,  or 
his  attorney 


C.  C.  P.  864. 


Justice's  Court — Custody  of  Defendant. 
The   officer  making  the   arrest   must 
keep  the  defendant  in  custody 


UNTIL     HE     IS     DISCHARGED     BY 
ORDER  OF  THE  JUSTICE.     C.  C.  P. 

865. 


Arrest  and  bail.     See  Appearance. 

Arrest  and  bail.     See  Discharge  from  Arrest  in  Civil  Proceedings. 
Arrest,  commitment  to  await.     See  Fugitive  from  Justice. 
Arrest  in  quo  warranto.     See  Quo  Warranto. 


1392  HILLYER^S   LEGAL   MANUAL. 

ARREST  OF  JUDGMENT. 

Motion  in  Arrest. 

Motion   in   arrest   of  judgment   must       before  judgment  is  pronounced.     P.  C. 
be  made  and  determined  1185. 

Articles  of  impeachment.     See  Impeachment. 

ARTICLES  OF  INCORPORATION. 

Filing  Certified  Copy. 

No  corporation  .  hereafter  formed  within  SIXTY  DAYS  after  such  pur- 
must  purchase,  locate,  or  hold  prop-  chase  or  location  is  made.  C.  C.  299. 
erty,  in  any  county  in  this  state,  other 
than  the  county  in  which  its  original 
articles  of  incorporation  are  filed,  with- 
out filing  a  copy  of  the  copy  of  its  ar- 
ticles of  incorporation  filed  in  the  office 
of  the  Secretary  of  State,  duly  certified 
by  such  Secretary  of  State,  in  the  office 
of  the  county  clerk  of  the  county  in 
which  such  property  is  situated, 

Filing  Certified  Copy. 

If  any  corporation  hereafter  acquires  within  NINETY  DAYS  thereafter,  file 

any   property  in   a   county   other   than  with  the  clerk  of  such  county  such  cer- 

that  in  which  it  now  holds  property,  it  tified   copy  of  the  copy  of  its  articles 

must  of  incorporation.     C.  C.  299. 

Amendment — Publication  of  Notice. 

Corporation  may  amend  its  articles  of       has     been     advertised     for     THIRTY 
incorporation  by  a  majority  vote  of  the       DAYS.     C.  C.  362. 
trustees,   after    notice  of    intention   to 
make  such  amendment 

Petition  to  Withdraw. 

A    petition    for    leave     to    withdraw       after  TEN  DAYS*  notice  of  the  hearing 
articles    of    incorporation   filed    in   the       by  publication.     C.  C.  363. 
wrong  county   may  be  heard 

Order  Allowing  Withdrawal. 

After  order  allowing  the  withdrawal       within  TEN  DAYS.     C.  C.  363. 
of  certificate  improperly  filed  is  made, 
it  must  be  filed  in  the  proper  county 

Assault.    See  Statute  of  Limitations. 


TIME   TABLE.  1393 

ASSESSMENT  OF  STOCK. 

Publication  and  Mailing  Notice  of  Assessment. 

In  lieu  of  personal  service  of  notice  once  a  week  for  FOUE  successive 
of  assessment,  it  may  be  sent  through  weeks,  at  the  principal  place  of  busi- 
the  mail,  and  published  ness,    and    the    location    of   the   works. 

C.  C.  336. 

Publication  of  Notice  of  Sale  in  Daily  Paper. 

Notice  of  delinquent  sale,  when  pub-  TEN  DAYS,  excluding  Sundays  and 
lished  in  a  daily  paper,  must  be  pub-  holidays,  previous  to  the  day  of  sale, 
lished  for  C.  C.  339. 

Publication  of  Notice  of  Sale  in  Weekly  Paper. 

When  published  in  a  weekly  paper,  for  TWO  WHEKS  previous  to  the  day 
it  must  be  published  in  each  issue  of  sale.     C.  C.  339. 

First  Publication  of  Notice  of  Sale. 

The  first  publication  of  all  delinquent  FIFTEEN  DAYS  prior  to  the  day  of 
sales  must  be  at  least  sale.     C.   C.  339. 

Extension  of  Time  of  Delinquent  Sale. 

Dates  fixed  in  any  notice  of  assess-       for  not  more  than  THIRTY  DAYS,  by 
ment  or  notice  of  delinquent  sale    may       order  of  the  directors.     C.  C.  345. 
be  extended  from  time  to  time 

Assessment,  delinquent.     See  Statute  of  Limitations. 
Assessment  of  damages.    See  Eminent  Domain. 
Assessment  work.     See  Mining. 
Assigning  lease.    See  Unlawful  Detainer. 

ASSIGNMENT  FOR  BENEFIT  OF  CREDITORS. 

Notice  to  Creditors  by  Sheriff. 

Where    assignment    is    made    to    the       by  mail  immediately.     C.   C.  3449. 
sheriff  for  the  benefit  of  creditors,  he 
must  notify  the  creditors 

Creditors'  Meeting. 

The  day  to  be  appointed  for  the  than  EIGHT  nor  more  than  TEN  DAYS 
creditors'  meeting,  must  not  be  less  from  the  delivery  of  the  assignment  to 

the  sheriff.     C.  C.  3449. 

Publication  of  Notice  of  Creditors'  Meeting 

Notice  of  meeting  of  creditors  must  at  least  ONCE  before  such  meeting 
be  published  by  the  sheriff  C.  C.  3449. 

Inventory  by  Assignor. 

Assignor  must  file  inventory  within   TWENTY  DAYS   after   assign 

ment.     C.  C.  3461. 
88 


1394 


HILLYER'S   LEGAL    MANUAL. 


Inventory  by  Assignee. 

If  assignor  neglects  or  refuses  to  file       within  TWENTY  DAYS  thereafter.     C. 
inventory  within  said  twenty  days,  the       C.  3462. 
assignee  must  file  verified  inventory 


Bond  of  Assignee. 

Assignee  must  file  bond 

Commencement  of  Notice  to  Creditors. 

Assignee  must  publish  notice  to  cred- 
itors 

Publication  of  Notice  to  Creditors. 

Publication    of     notice     to     creditors 
must  continue 


within  FORTY  DAYS  after  the  transfer 
by  the  sheriff  to  him.     C.  C.  3467. 

within  TEN  DAYS  after  the  filing  of 
his  bond.     C.  C.  3468. 


ONCE  a  week  for  FOUR  WEEKS.     C. 

C.  3468. 


Mailing  Notice  to  Creditors. 

Assignee  must  mail  notice  to  creditors       within  TEN  DAYS  after  the  first  notice 

of  publication  to  creditors.     C.  C.  3468. 
Dividends. 

Assignee  may  declare  and  pay  divi- 
dends after  the  expiration 

Accounting  by  Assignee. 

Assignee  may  be  required  to  account 
after 


of  THIRTY  DAYS  of  the  first  publica- 
tion of  notice.     C.  C.  3468. 


SIX  MONTHS  from  the  date  of  the  as- 
signment.    C.  C.  3469. 


ATTACHMENT 

Issuance. 

A  writ  of  attachment  may  issue 


Justice's  Court — Issuance. 

Writ  of  attachment  must  issue 


AT  THE  TIME  OF  ISSUING  SUM- 
MONS, or  at  any  time  afterwards.  C. 
C.  P.  537. 

AT  THE  TIME  of  or  after  ISSUING 
SUMMONS.     C.  C.  P.  866. 


Justice's  Court — Undertaking,  Exception  to  Sureties. 

The  defendant  may  except  to  the  suffi-       at   any  time   after  the  issuing  of   the 
cieney  of  the  sureties  attachment,   but   not   later   than   FIVE 

DAYS  after  notice  of  its  levy.     C.  C. 

P.  867. 

Exception  to  Sureties  on  Undertaking  on  Attachment. 

The  defendant  may  except  to  the  sure-       later    than   FIVE    DAYS   after   actual 
ties  on  an  undertaking  on  attachment       notice  of  the  levy.     C.  C.  P.  539. 
not 


TIME    TABLE. 


1395 


Execution  of  Writ. 

The  sheriff  must  execute  the  writ  of 
attachment 

Lien  of  Attachment. 

Attachment  is  a  lien  upon  real  prop- 
erty 

Motion  to  Extend  Lien. 

Motion  to  extend  an  attachment  must 
be  made 

Extension  of  Lien. 

The  lien  of  an  attachment  may  be 
extended  on  motion 


Grarnishment,  When  Effective. 

G-amishment  is  effective  as  against 
any  credits,  property  or  debts  belonging 
or  due  to  the  defendant 

Application  to  Discharge. 

Application  for  discharge  of  an  at- 
tachment must  be  made 


WITHOUT  DELAY.     C.  C.  P.  542,  869. 


for  THREE    YEARS  unless    extended. 
C.  C.  P.  542a,  869. 


not  less  than  FIVE  DAYS  nor  more 
than  SIXTY  before  the  expiration  of 
the  original  lien.     C.  C.  P.  542a,  869. 


for  a  period  not  exceeding  TWO 
YEARS  from  the  date  on  which  the 
original  lien  would  expire.  C.  C.  P. 
542a,  869. 

AT  THE  TIME  OF  SERVICE  OF  THE 
WRIT    AND    NOTICE.     C.    C.    P.    544, 


after  defendant  has  appealed,  and  upon 
REASONABLE  NOTICE.  C.  C.  P.  554, 
869. 


Justification  of  Sureties  on  Undertaking  to  Release. 

Justification  of  sureties  on  undertak-  within  FIVE  DAYS  after  the  notice  of 
ing  on  release  of  attachment  must  take  filing  such  undertaking.  C.  C.  P.  554, 
place  .Ml       869. 


Release. 

Property  attached  cannot  be  released 

from  attachment  until 

Motion  to  Discharge  Writ. 

Motion  to  discharge  writ  of  attach- 
ment on  the  ground  that  it  was  im- 
proper, or  irregularly  issued,  may  be 
made 


AFTER  JUSTIFICATION  of  the  sure- 
ties, if  justification  is  required.  C.  C. 
P.  555,  869. 

BEFORE  OR  AFTER  RELEASE  OF 
THE  ATTACHED  PROPERTY,  or  BE- 
FORE ATTACHMENT  ACTUALLY 
LEVIED,  upon  REASONABLE  NO- 
TICE. C.  C.  P.  556,  869. 


Return — ^Where  Writ  Issued  With  Summons 

Sheriff  must  return  the  writ   of  at-       WITH  THE  SUMMONS. 

tachment,  if  issued  at  the  same  time  as       869. 
the  summons, 


C.  C.  P.  559, 


1396  hillyer's  legal  manual. 

Return — Where  Writ  Issued  After  Summons. 

Tlie  sheriff  must  return  the  writ  of       within  TWENTY    DAYS  after  its  re- 
attachment, if  not  issued  at  the   same       ceipt.     C.  C.  P.  559,  869. 
time  as  the  summons 

In  Actions  Against  Vessels,  Issuance. 

Attachment  may  be  had  AT    THE   TIME     OF     ISSUING   THE 

SUMMONS,     OR       AT     ANY     TIME 
THEREAFTER.     C.  C.  P.  818. 

In  Actions  Against  Vessels,  Service  of  Writ. 

The  sheriff  afterwards  must  execute       without  DELAY.     C.  C.  P.  820. 
the  writ 

In  Actions  Against  Vessels,  Exception  to  Sureties. 

Owner  and  agent  may  except  to  suf-       as  upon  bail  on  arrest.     C.   C.  P.  821. 
ficieney    of    sureties   upon    attachment       See  Arrest  and  Bail, 
bond  and  require  justification 

In  Actions  Against  Vessels,  Discharge  of  Attachment  by  Undertaktug. 
Attachment    may    be    discharged    by       AFTER  LEVY.     C.  C.  P.  822. 

undertaking 

In  Actions  Against  Vessels,  Discharge  of  Attachment,  on  Motion. 

Attachment  may  be  discharged  on  AFTER  APPEARANCE.  C.  C.  P.  823. 
motion 

Attachment  for  failure  to  account.     See  Accounts,  Probate. 

Attachment,  order  dissolving,  appeal  from.  See  Appeal  from  Superior 
Court. 

Attachment,  order  refusing  to  dissolve,  appeal  from.  See  Appeal 
from  Superior  Court. 

Attachment,  preferred  claims  in.     See  Preferred  Claims. 

Attachment,  third  party  claim  in.     See  Third  Party  Claim. 

Attachment  to  compel  accounting  by  surviving  partner.  See  Account- 
ing (by  Surviving  Partner). 

Attorney  general.     S«e  Escheated  Estates. 

ATTORNEYS  AT  LAW. 

Transmission  of  Record  of  Conviction. 

The  clerk  in  the  case  of  the  convic-       THIRTY  DAYS  thereafter  transmit  to 
tion  of   an  attorney  or  counselor  of  a       the  supreme  court  a  certified  copy  of  the 
felony  or  misdemeanor,  involving  moral       record  of  conviction.     C.  C.  P.  288. 
turpitude,  shall  within 

Service  of  Citation. 

Order  to  appear  and  answer  accusa-  FIVE  DAYS  before  the  day  appointed 
tion  against  an  attorney  must  be  in  the  citation;  or  where  he  cannot  be 
served  upon  him  at  least  found     by     publication     for     THIRTY 

DAYS.     C.  C.  P.  292. 


TIME    TABLE. 


1397 


Answer. 

If  an  objection  to  the  sufficiency  of       within  such  time  as  may  be  designated 
the  accusation  be  not  sustained,  the  ac-       by  the  court.     C.  C.  P.  296. 
cused  must  answer 

Authorities,  points  and.    See  Appeal  from  Superior  Court. 

BAIL. 

Notice  to  District  Attorney. 

When  admission  to  bail  is  a  matter  require  reasonable  notice  thereof  to  be 
of  discretion,  the  officer  to  whom  the  given  the  district  attorney.  P.  C.  1274. 
application  is  made    must 

Surrender  "by  Bail. 

The  bail  may  surrender  the  defend-  at  any  time  before  forfeiture  of  their 
ant  in  their  exoneration  undertaking.     P.  C.  1300. 

Notice  to  District  Attorney  of  Order  Exonerating  Bail. 

Order  exonerating  bail  may  be  made  FIVE  DAYS'  notice  to  the  district  at- 
on  torney.     P.  C.  1300. 

Notice  to  District  Attorney  of  Order  for  Refunding  Deposit. 

Order  for  refunding  deposit  made  in  FIVE  DAYS'  notice  to  the  district  at- 
lieu  of  bail    must  be  made  on  torney.     P.  C.  1302. 

Notice  to  Bail  Where  Bond  Forfeited. 

If   forfeiture   is   not   discharged,   the       TWENTY  DAYS  from  the  entry  on  the 
district   attorney  may   proceed  against       minutes.     P.  C.  1306. 
the  bail   on  their  undertaking,   at  any 
time  within 

Disposition  of  Forfeited   Bail  Money. 

Money  deposited  in  lieu  of  bail  and       at  the  end  of  THIRTY  DAYS.     P.  C. 
forfeited    must  be   deposited  with   the       1307. 
county  treasurer 

Bail.     See  Arrest  and  Bail. 

Bail  bond.     See  Statute  of  Limitations. 

Bail  in  quo  warranto.     See  Quo  Warranto. 

Balance  of  account.     See  Statute  of  Limitations. 

BANKS. 

Posting  List  of  Directors. 

Every  corporation  doing  a  banking 
business  in  this  state  must  post  in  its 
office,  in  a  conspicuous  place,  accessible 
to  the  public  generally,  a  notice  signed 
by  the  president  or  secretary,  showing 


1398 

the  names  of  the  directors  of  such  cor-       within  TWENTY-FOUR  HOURS  after 
poration,    the     number     and    value     of       any  transfer  of  stock.     C.  C.  321. 
shares  of  stock  held  by  each  director 

Notice  of  Meeting  to  Consider  Question  of  Capital  Stock. 

Notice  of  time  and  place  of  holding       ONCE   a  week  for  THREE  successive 
meeting  of  corporation  doing  a  banking       weeks  prior  to  the  holding  of  the  meet- 
business,    and    which     has    no    capital       ing.     C.  C.  300. 
stock,  for  the  purpose  of  considering  a 
proposition  whether  it  is  best  to  have 
a  capital  stock,  must  be  published 

Banks.     See  Statute  of  Limitations. 

Battery.     See  Statute  of  Limitations. 

Benevolent  corporation.     See  Mortgage  by  Religious  or  Benevolent 

Corporation. 
Bigamy,  annulment  of  marriage  for.     See  Statute  of  Limitations. 
Bill.    See  Statutes. 

BILL  OF  EXCEPTIONS. 

Presentation. 

Bill  of  exception  must  be  presented  within  TEN  DAYS  after  written  notice 

of  decision  excepted  to.     C.  C.  P.  649. 

Proposed  Bill  of  Exceptions  Taken  at  Trial  by  Jury. 

Proposed  bill  of  exceptions  taken  at      within  TEN  DAYS  after  entry  of  judg- 
trial  by  jury    must  be  served  ment.     C.  C.  P.  650. 

Service  of  Proposed  Bill. 

Proposed  bill  of  exceptions  taken  at       within  TEN  DAYS  after  notice  of  entry 
trial  by  the  court   must  be  served  of  judgment.     C.  C.  P.  650. 

Service  of  Proposed  Amendments. 

Proposed  amendments  to  proposed  bill       within  TEN  DAYS  after  service  of  the 
of  exceptions   must  be  served  proposed  bill.     C.  C.  P.  650. 

Presentation  of  Bill  and  Amendments  for  Settlement. 

Proposed  bill  and  amendments  must       within  TEN  DAYS  after  service  of  the 
be  presented,  if  presented  to  the  judge  amendments,    and    upon   FIVE    DAYS* 

'  notice.     C.  C.  P.  650. 

Delivery    to    Clerk. 

Proposed  bill  and  amendments  must      within  TEN  DAYS  from  the  service  of 
be  delivered,  if  delivered  to  the  clerk       the  amendments.     C.  C.  P.  650. 
for  the  judge. 

Presentation  foi  Certification. 

Bill  of  exceptions  must  be  engrossed      within  TEN  DAYS  after  settlement.     C 
and  presented  to  the  judge  for  certifica-       C.  P.  650. 
tion 


TIME   TABLE.  1399 

Presentation  Where  Trial  is  Before  Referee. 

Where  trial  is  by  referee,  proposed  within  TEN  DAYS  after  service  of 
bill  and  amendments  must  be  presented  amendments,  and  upon  FIVE  DAYS'  no- 
to  the  referee  tice.     C.  C.  P.  650. 

Presentation  Where  No  Amendments  Served. 

If     no    proposed     amendments     are      without  NOTICE.     C.  C.  P.  650. 
served,  or  if  proposed  amendments  are 
accepted,  the    bill    may    be    presented, 
with    or    without    amendments,    as    the 
case  may  be. 

Bill  of  Exceptions  to  Ruling  After  Judgment. 

Bill  of  exceptions  to  decision  after  within  TEN  DAYS  thereafter,  or  may 
judgment  may  be  presented  to  the  be  proposed  in  the  same  manner  as  a 
judge  at  the  time  the  decision  is  made,  bill  of  exceptions  to  rulings  taken  at  a 
or  trial.     C.  C.  P.  651. 

Bill  of  exceptions.     See  New  Trial. 
Bill  of  exceptions.    See  Probable  Cause. 

Bill  of  exceptions  in  criminal  cases.     See  Appeal  from  Superior  Court 
in  Criminal  Cases. 

BIRTH. 

Filing  Certificate. 

Certificate  of  birth  must  be  filed  with  within  FIVE  DAYS  if  filed  by  physi- 
the  county  recorder  cian,  midwife  or  nurse,  and  within  TEN 

DAYS  if  filed  by  the  parents  or  next 
of  kin.     Pol.  C.  3077. 

Bonded  indebtedness,  creation  of.     See  Creation  of  Bonded  Indebted- 
ness. 
Bond  of  assignee.    See  Assessment  for  Benefit  of  Creditors. 
Bond  of  guardian.     See  Guardianship. 
Bonds,  sale  of.     See  Eminent  Domain. 
Bond  to  keep  the  peace.     See  Undertaking. to  Keep  the  Peace. 
Book  accounts.     See  Statute  of  Limitations. 
Breach  of  covenant.     See  Unlawful  Detainer. 
Breach  of  covenant,  damage  for.    See  Damages. 
Brief.    See  Appeal  from  Superior  Court. 
Building  contract.    See  Mechanics'  Liens. 

BURNED  BONDS. 

Publication  of  Order  to  Show  Cause. 

Order  to  show  cause  in  action  to  ob-  once  a  week  for  FOUR  successive 
tain  duplicate  of  burned  bonds  must  weeks,  and  the  time  and  place  of  hear- 
be  published  ing   must   be   not   less    than    THIRTY 

DAYS  from  the  first  publication.     C.  C. 

329. 

Burned  bonds.    See  Burned  Stock. 


1400 


HILLYER'S   LEGAL    MANUAL. 


BURNED  STOCK. 


Puljlication  of  Order  to  Show  Cause. 

Order  to  show  cause  in  an  action 
against  a  corporation  to  obtain  a  new 
or  duplicate  certificate  of  stock,  must 
be  published 

Burned  stock.     See  Burned  Bonds. 


once  a  week  for  FOUR  successive 
weeks,  and  the  day  of  hearing  must  be 
not  less  than  THIRTY  DAYS  from  the 
first  publication  thereof.     C.  C.  328. 


BY-LAWS. 

Adoption. 

Every    corporation    must    adopt    by-       within  ONE  MONTH  after  filing  arti- 
laws  cles  of  incorporation.     C.   C.  301. 


Meeting  to  Adopt. 

Where     meeting    of     stockholders   or 
members  is  called  to  adopt  by-laws, 


TWO  WEEKS'  notice  of  the  same  by 
advertisement  in  some  newspaper  pub- 
lished in  the  county  in  which  the  prin- 
cipal place  of  business  of  the  corpora- 
tion is  located,  if  none  is  published 
therein,  then  in  a  paper  published  in  an 
adjoining  county,  must  be  given  by 
order  of  the  acting  president.  C.  C 
301.  I 


THIRTY  DAYS  before  the  commence- 
ment of  a  regular  session.     Rule  IV. 


CALENDAR 

Of  Supreme  Court. 

The  clerk  shall  place  on  the  calendar 
for  oral  argument  all  cases  which  have 
been  continued  for  such  argument,  and 
also,  in  the  order  in  which  the  tran- 
scripts were  filed,  all  cases  in  which 
points  and  authorities  are  on  file,  and 
also  all  motions  and  original  proceed- 
ings pending  and  not  under  submission 

Capital  stock.     See  Diminution  of  Capital  Stock. 
Capital  stock.    See  Increase  of  Capital  Stock. 
Capital  stock,  notice  of  meeting  to  consider.     See  Banks. 
Cattle-guards.     See  Eminent  Domain. 
Certificate  of  birth.     See  Birth. 
Certificate  of  election.     See  Election  Contests. 
Certificate  of  marriage.     See  Marriage. 
Certification  to  transcript.     See  Appeal  from  Superior  Court. 
Certification  to  transcript.     See  Appeal  from  Superior  Court  in  Crim- 
inal Cases. 


TIME   TABLE. 


1401 


CERTIORARI. 

Notice  of  Application. 

Application  for  writ    of    review,  if       ON  SUCH  NOTICE  as  the  court  may- 
made  on  notice,  should  be  made  require.     C.  C.  P.  1069. 


Return    and    Hearing. 

Writ  of  certiorari  may  be  made  re- 
turnable and  hearing  had  thereon 

Demurrer  or  Answer  in  Supreme  Court. 

The  respondent  naay  make  return, 
either  by  demurrer  or  by  answer,  or  by 
both,  upon  the 

Stay  of  Proceedings. 

When  an  application  is  made  for  an 
alternative  writ,  an  order  staying  the 
proceedings  of  any  court  or  oflficer,  until 
the  return  of  the  writ,  will  not  be  made 


at  any  time.     C.  C.  P.  1108. 


RETURN  DAY  of  the  alternative  writ. 
Rule  XXVI,  subd.  3.- 


unless  DUE  NOTICE  of  the  application 
for  the  writ  shall  have  been  given  to 
all  the  parties  interested  in  the  proceed- 
ings.    Rule  XXVI,  subd.  4. 


Cessation  from  labor.    See  Mechanics '  Liens. 

CHALLENGES. 

To  Panel  in  Criminal  Cases. 

Challenges     to     a     panel     must     be       before  the  jury  is  sworn.     P.  C.  1060. 
taken 

Change  of  designation  of  agent.     See  Foreign  Corporations. 

CHANGE  OF  NAME. 

Hearing. 

The  time  set  for  hearing  application  less  than  FOUR  nor  more  than  EIGHT 

for  change  of  name   must  not  be  WEEKS  from   the   date   of    the  order. 

C.  C.  P.  1277. 
Publication  of  Order  to  Show  Cause. 

Order  to  show  cause  why  change  of  for  FOUR  SUCCESSIVE  WEEKS.     C. 

name  should  not  be  granted    must  be  C.  P.   1277. 
published 

Filing  Certified  Copy  of  Decree. 

Certified     copy    of    decree    changing       within  THIRTY  DAYS  from  the  date 
name  must  be  filed  in  the  office  of  the       thereof.     C.  C.  P.  1279. 
Secretary  of  State 


CHANGE  OF  PLACE  OF  TRIAL. 

Demand. 

Demand  for  change  of  place  of  trial       AT  THE  TIME  defendant  ANSWERS 
must  be  made  or  DEMURS.     C.  C.  P.  396. 


1402 

Justice's  Court— Motion  to  Change. 

Motion  to  change  the  place  of  trial       at  any  time  BEFORE  TRIAL.     C.  C.  P. 
may  be  made  833. 

Justice's   Court — Transmission   of  Papers. 

After  order  transferring,  the  justice       IMMEDIATELY  upon  payment  of  his 
ordering  the  transfer  must  transmit  the       fees.     C.   C.  P.  836. 
papers 

Change  of  place  of  trial.     See  Removal  of  Trial. 

Change  of  place  of  trial.     See  Transfer  of  Action  to  Superior  Court. 

Change  of  place  of  trial,  order  granting,  appeal  from.     See  Appeal 

from  Superior  Court. 
Change  of  place  of  trial,  order  refusing  to  grant,  appeal  from.     See 

Appeal  to  Superior  Court. 

CHANGE  OF  PRINCIPAL  PLACE  OF  BUSINESS. 

Publication  of  Notice  of  Intention. 

When  the  consent  in  writing  of  two-       at  least  ONCE  A  WEEK  for  THREE 
thirds    of    the    holders   of    the    capital       SUCCESSIVE  WEEKS,  in  some  news- 
stock  of  the  corporation  is  obtained  and       paper.     C.  C.  321a. 
filed,  notice  of  the  intended  removal  or 
change    must  be  published 

Change  of  venue.     See  Change  of  Place  of  Trial. 
Changing  terms  of  tenancy.     See  Landlord  and  Tenant. 

CITATION. 

Service. 

Unless   otherwise   specially   provided,       at    least    FIVE    DAYS    before    return 
citation  must  be  served  day  thereof.     C.  C.  P.  1711. 

Citation  in  election  contests.     See  Election  Contests. 
Citation  to  apprentice  for  misbehavior.     See  Apprentices. 
Citation  to  show  cause  why  probate  should  not  be  revoked.     See  Con- 
test After  Probate. 
Citation  to  sureties  of  executor  or  administrator.     See  Sureties. 

CLAIM  AND  DELIVERY. 

Time  of  Claim. 

Plaintiff  may  claim  delivery  AT    THE    TIME   of   ISSUING    SUM- 

MONS, or  AT  ANY  TIME  before  an- 
swer.    C.  C.  P.  509. 
Taking  of  Property. 

Upon  receipt  of  affidavit,  notice  and       FORTHWITH.     C.  C.  P.  512,  870. 
undertaking,  the  sheriff  must  take  the 
property 


TIME    TABLE. 


1403 


Service  of  Papers. 

The  sheriff  must  serve  the  affidavit, 
notice  and  undertaking 


WITHOUT  DELAY.     C.  C.  P.  512,  870. 


Exception  to  Sureties  on  Plaintiff's  Undertaking. 

The  defendant  may  except  to  the  suf-      within  TWO  DAYS  after  the  service  of 
ficieney  of  the  sureties  the  copy  of  the  affidavit  and  undertak- 

ing.    C.  C.  P.  513,  870. 

Justification  of  Sureties  on  Undertaking  to  Take  Property. 

The  sureties  on   the   undertaking  to      not  less  than  FIVE  nor  more  than  TEN 


take   the  property    must  justify  upon 
notice 

Return  of  Property. 

The  defendant  may  require  the  return 
of  the  property 

Return  of  Property. 

The    defendant   may   require    the   re- 
turn of  the  property 

Delivery  of  Property  to  Plaintiff. 

The  property  must  be  delivered  to  the 
plaintiff  if  return  be  not  required 


DAYS   thereafter. 

870. 


c.  c. 


within  FIVE  DAYS  after  the    taking 

and  service  of  notice  to  the  defendant. 
C.  C.  P.  514,  870. 

at  any  time   BEFORE  DELIVERY  to 

the  plaintiff.     C.  C.  P.  514,  876. 


within  FIVE  DAYS  after  the  taking 
and  service  of  notice  to  the  defendant. 
C.  C.  P.  514,  870. 


Justification  on  Undertaking  for  Return  of  Property. 

The  defendant's  sureties  upon  the  un-  upon  notice  of  not  less  than  TWO 
dertaking  for  the  return  of  the  prop-  DAYS,  nor  more  than  FIVE  DAYS. 
erty  must  justify  C.  C.  P.  515,  870. 


Indemnity  Against  Third  Party  Claim. 

When  property  taken  by  the  sheriff 
in  a  claim  and  delivery  case  is  claimed 
by  a  third  person,  the  plaintiff  must 
indemnify  the  sheriff 

Filing  Papers. 

The  sheriff  must  file  the  notice,  un- 
dertaking and  affidavit,  with  his  pro- 
ceedings thereon,  with  the  clerk 


ON  DEMAND.     C.  C.  P.  519,  870. 


within  TWENTY  DAYS    after   taking 

the  property  mentioned  therein.     C.  C. 
P.  520,  870. 


Claim  and  delivery.     See  Statute  of  Limitations. 
Claims  against  county.     See  Statute  of  Limitations. 


1404 

CLAIMS  AGAINST  ESTATES. 

Presentation. 

The  time  for  presentation  of  claims       TEN  MONTHS  after  the  first  publica- 
must  be  tion,  when  the  estate  exceeds  in  value 

$10,000,  and  four  months  when  it  does 
not.     C.  C.  P.  1491. 
When  Deemed  Rejected. 

If  executor  or  administrator  refuses       within  TEN  DAYS,  the  claimant  may 
to  act  upon  a  claim  deem  it  rejected.     C.  C.  P.  1496. 

Filing. 

Claims  when  allowed  by  the  executor      within  THIRTY  DAYS  thereafter.     C. 
and  administrator,  and  approved  by  the       C.  P.  1497. 
judge,  must  be  filed 

Creditor  When  not  Concluded  by  Order  for  Payment  of  Claims. 

A    creditor  is   not   concluded  by  the       TEN  MONTHS  before  the  day  of  set- 
order  for  the  payment  of  claims  unless       tlement.     C.  C.  P.  1650. 
his  claim  was  due  or,  if  contingent,  be- 
came absolute 

Pasrment  into  Treasury  Where  Claimant  cannot  be  Found. 

Where  the  amount  of  a  claim  is  paid       within    FIVE     YEARS,    and    if     not 
to  the  county  treasury,  the  claimant  not       claimed  within  FIVE  YEARS  after  de- 
being  able  to  be  found,  the  amount  so       posit  in  the  state  treasury,  escheats  to 
deposited  must  be  deposited  in  the  state       the  state.     C.  C.  P.  1514. 
treasury,  if  not  claimed. 

Claims  in  probate.     See  Claims  Against  Estate. 

Claims  in  probate.     See  Statute  of  Limitations. 

Claim  to  contribution.     See  Contribution. 

Claim  to  escheated  estate.     See  Escheated  Estates. 

Commencement  of  construction.     See  Appropriation. 

Commissioner.     See  Foreclosure  (of  Mortgages). 

Commissioner,  findings  of.     See  Decision. 

Commissioner's  report.     See  Foreclosure  (of  Mortgages). 

Commissioners'  sales.     See  Foreclosure  (of  Mortgages). 

Commission  merchant.  See  Lien  of  Commission  Merchant  or  Ware- 
houseman. 

Commission  merchant.    See  Unclaimed  Property. 

Commission  to  justices  of  the  peace.  See  Contesting  Election  of 
Members  of  the  Legislature. 

Commission  to  take  deposition.     See  Depositions. 


TIME    TABLE.  1405 

COMMITMENT. 

To  Await  Warrant  from  Proper  County. 

Where  a  jury  is  discharged  because  for  such  time  as  he  deems  REASON- 
the  court  has  not  jurisdiction  of  the  ABLE.  P.  C.  1115. 
offense,  which  was  committed  within 
the  exclusive  jurisdiction  of  another 
county,  the  court  must  direct  the  de- 
fendant to  be  committed  to  await  a 
warrant  from  the  proper  county, 

Commitment  for  refusal  to  obey  writ  of  habeas  corpus.     See  Habeas 

Corpus. 
Commitment  to  await  arrest.     See  Fugitive  from  Justice. 
Commitment  to  institution.     See  Suspension  of  Sentence. 
Common  carrier.     See  Unclaimed  Property. 

COMMUNITY  PROPERTY. 

Petition  to  Vest. 

Petition  vesting  community  property       UPON  SUCH  NOTICE  by  publication 
must  be  heard  or    otherwise   AS   THE    COURT   MAY 

ORDER.     C.  C.  P.  1723. 

Comparison  of  handwriting.    See  Handwriting. 

COMPLAINT. 

For  Misdemeanor  in  Justice's  and  Police  Courts. 

Complaint    for    misdemeanor    triable      within   ONE   TEAR   after  its   commis- 
in  the  police  or  justice's  court    must  be       sion.     P.  C.  1426a. 
filed 

Complaint.    See  Proceedings  to  Determine  Heirship. 

Completion  of  building.    See  Mechanics'  Liens. 

Completion  of  contract  to  convey  real  estate.    See  Conveyances  by 

Estates. 
Completion  of  contracts  of  sales  by  guardians.     See  Guardian's  Sale. 
Compromise.    See  Offer  of  Compromise. 

CONDONATION. 

When  not  a  Bar. 

Condonation  of  a  cause  of  divorce   is       if  TWO  YEARS  have  elapsed  after  the 

not  a  bar  condonation,  and  before  the  accruing  or 

completion  of  the  cause  of  divorce 
against  which  the  recrimination  is 
shown.     C.  C.  123. 

Constable,  actions  against.     See  Statute  of  Limitations. 

Construction.     See  Appropriation. 

Construction  of  fences  and  cattle-guards.    See  Eminent  Domain. 


1406  hillyer's  legal  manual. 

CONTEMPT. 

Warrant  of  Commitment. 

Where  contempt  is  not  committed  in       UPON  NOTICE.     C.  C.  P.  1212. 
immediate  presence  of  the  court,  and  no 
warrant  of  attachment  is  issued,  a  war- 
rant of  commitment  may  be  granted 

Punisliment. 

A  person  adjudged  guilty  of  contempt       not  exceeding  FIVE  DAYS.     C.  C.  P. 

may  be  imprisoned  1218. 

Justice's  Court — Imprisonment. 

Imprisonment  for  contempt  by  justice       exceed  ONE  DAY.     C.  C.  P.  906. 
of  the  peace  may  not 

Contempt.     S^e  Revocation  of  Letters. 

CONTEST  AFTER  PROBATE. 

When  may  be  Made. 

Contest  after  probata  may   be  made       within   ONE  YEAR  after  probate.     C. 

C.  P.  1327. 

Citation  to  Show  Cause  Why  Pi:obate  Should  not  be  Revoked. 

Citation  to  show  cause  why  probate  within  ONE  YEAR  after  probate.  C. 
should  not  be  revoked    must  be  issued       C.  P.  1328.  i 

Demand  for  Jury  Trial. 

Demand  for  trial  by  jury  of  contest  THREE  DAYS  after  trial  by  the  jury, 
after  probate    must  be  filed  C.  C.  P.  1330. 

Contest.     See  Proceedings  to  Determine  Heirship. 
Contest  of  elections.     See  Judgment. 
Contest  of  elections.     See  Statute  of  Limitations. 
Contest  of  probate,  amendment  of.     See  Amendment. 

CONTESTING  ELECTIONS  OF  THE  MEMBERS  OF  THE  LEGIS- 

LATURE. 

Filing  Grounds  of  Contest. 

A  person  contesting  must  file  with  the  within  TWENTY  DAYS  after  the  cer- 
county  clerk  verified  grounds  of  con-  tificate  of  election  is  issued.  Pol.  C. 
test  274. 

Commission  to  Justice  of  the  Peace. 

County  clerk  must  issue   commission  TWENTY    nor    more     than     THIRTY 

to  justice  of  the  peace  to  meet  and  take  DAYS  from  the  filing  of  the  statement 

depositions,  not  less  than  of  grounds  of  contest.     Pol.  C.  275. 


TIME    TABLE.  1407 

Notice  of  Taking  Testimony. 

Notice  of  time   and  place   of  taking       within  TEN  DAYS  after  statement  is 
depositions,    and    copy    of     statement,       filed.     Pol.  C.  276. 
must  be  delivered  to  the  contestee 

Delivery  of  Depositions. 

Secretary     of     State     must     deliver       on  or  before  the  SECOND  DAY  of  the 

depositions   to   presiding   officer   of  the       session  of  the  legislature.     Pol.  C.  281. 

house    in    which    the    contest    is    to    be 

tried, 

Continuance.     See  Postponement. 

Continuing  administration.     See  Order  Continuing  Administration. 

Contract.     See  Statute  of  Limitations. 

Contract  for  Personal  Services.     See  Personal  Services. 

Contractor's  lien.     See  Mechanics'  Liens. 

CONTRIBUTION. 

Claim  to  Contribution. 

Contribution  may  be  claimed  by  one       within  TEN  DAYS  after  his  payment, 
judgment  debtor  against  his  codebtors,       C  C.  P.  709. 
by  filing  notice   of   demand  and  claim 
to   contribute 

Contribution  by  co-owner.     See  Mining. 
Conversion.     See  Statute  of  Limitations. 
Conveyance  by  guardian.     See  Guardian's  Sale. 
Conveyance  of  heirs.    See  Purchaser  from  Heir. 

CONVEYANCES  BY  ESTATES. 

Notice  of  Hearing  Petition  for  Order  Directing  Conveyance. 

Notice  of  hearing  of  petition  for  or-       at  least  FOUR  SUCCESSIVE  WEEKS 
der  directing  conveyance  of  real  prop-       before  the  hearing.     C.  C.  P.  1598. 
erty   must  be  served  on  the  executor  or 
administrator    personally,    when    he    is 
not  the  petitioner,  and  published 

Conviction.     See  Sentence. 

Convicts.     See  Statute  of  Limitations. 

Co-owners.     See  Mining. 

Copy  of  account.     See  Account. 

Copy  of  account.     See  Writing. 

Coroner,  action  against.     See  Statute  of  Limitations. 

Corporate  elections.     See  Elections  (Corporate). 

Corporate  franchises.     See  Execution  Sales. 

Corporate  surety.     See  Sureties. 


1408 


HILLYER'S    LEGAL    MANUAL. 


Corporations.     See  Banks. 

Corporations.     See  Creation  of  Bonded  Indebtedness. 

Corporations.     See  Diminution  of  Capital  Stock. 

Corporations.     See  Elections  (Corporate). 

Corporations.     See  Proxies. 

Corporations.     See  Restoration  of  Records  (Corporate). 

Corporations,  change  of  principal  place  of  business.     See  Change  of 

Principal  Place  of  Business. 
Corporations,  foreign.     See  Foreign  Corporations. 
Corporations,  summons  against.     See  Summons. 
Correction  of  transcript.     See  Appeal  from  Superior  Court. 
Correction  of  transcript.    See  Appeal  from  Superior  Court  in  Criminal 

Cases. 


COSTS. 


Service  and  Filing  of  Cost  Bill. 

Cost  bill  must  be  delivered  to  the 
clerk  and  served  upon  the  adverse 
party 

Motion  to  Retax. 

Motion  to  retax  costs  must  be  filed 

Cost  Bill  on  Appeal. 

Cost  bill  for  costs  awarded  on  appeal, 
must  be  filed 

Inclusion  of  Costs  In  Judgment. 

Costs  must  be  included  in  the  judg- 
ment by  the  clerk 

Security   for   Costs  by  Nonresident. 

Action  by  a  nonresident,  or  foreign 
corporation,  may  be  dismissed  if  secur- 
ity for  costs  has  not  been  furnished 


FIVE  DAYS  after  the  verdict  or  no- 
tice of  decision,  or  if  entry  of  judgment 
be  stayed,  before  such  entry.  C.  C.  P. 
1033. 

within  FIVE  DAYS  after  notice  of  fil- 
ing cost  bill.     C.  C.  P.  1033. 

within  THIRTY  DAYS  after  fiHng  of 
the  remittitur.     C.  C.  P.  1034. 


within    TWO    DAYS    after    they    have 
been  ascertained.     C.  C.  P.  1035. 


after    the    lapse 
C.  C.  P.  1037. 


of    THIRTY    DAYS. 


COUNSEL. 

Sending  for. 

Time  allowed  defendant  to  send  for       a  reasonable  time.     P.  C.  859. 
counsel  must  be 

COUNSEL  FEES. 

Probate — Application  for. 

Attorney   may   make   application  for       AT  ANY  TIME  during  the  administra- 
allowance  of  compensation   on  account       tion.     C.  C.  P.  1616. 
of  services 


TIME    TABLE.  1409 

County  action  against.     See  Statute  of  Limitations. 

Court  records.     See  Restoration  of  Court  Records. 

Covenant  against  assignment.     See  Unlawful  Detainer. 

Covenant  against  subletting.     See  Unlawful  Detainer. 

Covenant  of  quiet  enjoyment,  damages  for  breach  of.     See  Damages. 

Covenant  of  seisin,  damages  for  breach  of.     See  Damages. 

Covenant  of  warranty,  damages  for  breach  of.     See  Damages. 

CREATION  OF  BONDED  INDEBTEDNESS. 

Mailing  Notice. 

Bonded    indebtedness    may    be    orig-  at  least  THIRTY  DAYS  before  the  cer- 
inally  created,  by  a  resolution  adopted  tificate    of    or    creation    of    bonded    in- 
by  the  unanimous  vote  of  the  board  of  debtedness    is    made,    signed    or    filed, 
directors  at  a  regular  meeting  or  special  unless  the  assents  of  all  the  stockh old- 
meeting    called    for    that    purpose,    and  ers  be  filed   sooner,  in  which   case  the 
approved  by  the  written  assent  of  the  certificate  may  be  filed  without  further 
stockholders   holding  two-thirds  of  the  delay.     C.  C.  359. 
subscribed  or  issued  capital  stock,  but 
notice  thereof  must  be  mailed  to  each 
stockholder 

Creditors'  claims.     See  Statute  of  Limitations. 
Creditors'  claims  in  probate.     See  Claims  Against  Estate. 
Creditors '  meeting.    See  Assessment  for  Benefit  of  Creditors. 

CREDITS  TO  PRISONERS. 

Tor  Work  on  Public  Works. 

Where    a    prisoner    confined    in    the       he  may  receive  FIVE  DAYS  credit  for 
county  jail  is  required  by  order  of  the       each  month.     P.  C.  1614. 
board  of  supervisors   to  perform  work 
on   the   public    works    or   ways   of   the 
county, 

Criminal  cases,  deposition  of.     See  Depositions. 

CROSS-COMPLAINT. 

When  Filed. 

Cross-complaint  may  be  filed  at  the  SAME  TIME  as  the  ANSWER, 

or   by   permission   of   the   court  subse- 
quently.    C.  C.  P.  442. 
Pleading  to. 

Parties  who  have  already  appeared  in      within  TEN  DAYS  after  service  thereof . 
an    action     must   demur   or   answer   to       C.  C.  P.  442. 
<jross-complaint 
89 


1410  hillyer's  legal  manual. 

Summons  on. 

Wliere  summons  is  served  on  cross-  within  TEN  DAYS  after  service,  if 
complaint  directed  to  parties  who  have  served  within  the  county  in  which  the 
not  appoared  in  the  action,  they  must  action  is  pending,  and  within  THIRTY 
appear  DAYS    if    served    elsewhere.  .  C.    C.   1\ 

442. 

Cross-interrogatories.     See  Depositions. 
Cruelty  to  animals,  lien  for.     See  Liens  on  Animals. 
Custodian  of  will,  delivery  by.     See  Probate  of  Wills. 
Custody.    See  Removal  of  Trial. 

DAMAGES. 

For  Breach  of  Covenant. 

In  computing  damages  for  breach  of  interest  is  included  for  the  time  dur- 
covenant  of  seisin,  right  to  convey,  war-  ing  which  the  grantee  derived  no  bene- 
ranty,  or  quiet  enjoyment,  fit  from  the  breach.     C.  C.  3304. 

For  Wrongful  Occupation. 

In  computing  damages  caused  by  the       not  exceeding  FIVE  YEARS  next  pre- 
wrongful    occupation    of   real   property,       ceding  the  commencement  of  the  action, 
the  measure  is  deemed  to  be  the  value       C.  C.  3334. 
of  its  vise  for  the  time   of  occupation, 

Damages.     See  Statute  of  Limitations. 

Damages  in  eminent  domain.     See  Eminent  Domain. 

Death.    See  Execution. 

Death.    See  Statute  of  Limitations. 

Death  by  negligence.     See  Statute  of  Limitations. 

Death  by  wrongful  act.     See  Statute  of  Limitations. 

Death  of  employer.     See  Preferred  Claims. 

Death  of  party.    See  Statute  of  Limitations. 

Death  of  reporter,   transcription   of  notes   upon.     See   Appeal  from 

Superior  Court  in  Criminal  Cases. 
Death  of  stranger.     See  Public  Administrator. 
Debtor  of  judgment  debtor.     See  Execution. 
Deceased  administrator's  account.     See  Accounts — Probate. 
Deceased  executor's  account.    See  Accounts — Probate. 

DECISION. 

Must  be  Rendered  When. 

No  judge  of  the  Supreme  Court,  nor 
of  a  District  Court  of  Appeal,  nor  of  a 
Superior  Court  shall  draw  or  receive  any 
monthly  salary,  unless  he  shall  make 
and    subscribe    an    afl&davit    before    an 


TIME    TABLE.  1411 

officer  entitled  to  administer  oaths,  that       NINETY  DAYS.     Const.,  art.  6,  sec.  24. 
no  cause  in  his  court  remains  pending 
and    undecided,     that     has    been    sub- 
mitted for  decision  for  a  period  of 

By  Court. 

Upon  trial  of  a  question  of  fact  by  within  THIRTY  DAYS  after  the  cause 
the  court,  decision  must  be  given  in  is  submitted  for  decision.  C.  C.  P.  632. 
writing  and  filed  with  the  clerk 

By  Referee  or  Commissioner. 

Eeferees  or  commissioner  must  report  within  TWENTY  DAYS  after  the  tes- 
findings  in  writing  timony  is  closel.     C.  C.  P.  643. 

Election  Contests. 

Findings  and  conclusions  on  election  within  TEN  DAYS  after  submission, 
contests  must  be  filed  and      judgment      immediately     entered 

thereon.     C.  C.  P.  1118. 

Upon  Petition  to  Establish  Standing  of  Newspaper. 

Decision  upon  the  petition  must  be  within  TEN  DAYS  after  the  hearing, 
rendered  Pol.  C.  4462. 

Decision  in  election  contests.    See  Decision. 
Declaration  of  marriage.     See  Marriage. 
Decree,  action  on.    See  Statute  of  Limitations. 
Deed.     See  Sheriff's  Deed. 

DEFAULT. 

Judgment  by. 

Judgment  by  default  may  be  had,  if  upon  EXPIRATION  OF  THE  TIME 
no  answer  filed,  FOR  ANSWERING.     C.  C.  P.  585. 

Default.    See  Appearance. 

Default.     See  Opening  Default. 

Default.    See  Summons. 

Deficiency  judgment.     See  Foreclosure  (of  Mortgages). 

Delinquent  assessment.     See  Statute  of  Limitations. 

Delinquent  co-owners.     See  Mining. 

Delinquent  purchasers  of  state  lands.     See  Foreclosure  of  Delinquent 

Purchasers  of  State  Lands. 
Delivery  of  copy  of  transcribed  notes.     See  Appeal  from  Superior 

Court  in  Criminal  Cases. 
Delivery  of  possession  to  heirs  and  devisees.     See  Possession. 
Demand  for  change  of  place  of  trial.     See  Change  of  Place  of  Trial. 


1412 


hillyer's  legal  manual. 
DEMAND  FOR  JURY. 


In  WiU  Contest. 

Demand  for  jury  must  be  filed 


at  least  ten  days  prior  to  the  day  set 
for  hearing.     C.  C.  P.  1312. 


Demand  for  jury  trial.     See  Insane  Persons. 

Demand  for  jury  trial  in  will  contests.     See  Contests  After  Probate. 

DEMURRER. 


Demurrer  to  Answer. 

In    the    superior    court    the    plaintiff 
may  demur  to  the  answer 

In  Unlawful  Detainer. 

Defendant  may  demur 

To  Indictment  or  Information. 

Demurrer  or  plea  must  be  pi^t  in  at 
the  time  of  the 

Justice's   Court — To   Complaint. 

Defendant  may   demur   to    the    com- 
plaint 

Justice's   Court — To  Answer. 

The  plaintiff  may  demur  to  the  new 
matter  in  the  answer  for  insufficiency 


within    TEN    DAYS   after    the    service 
thereof.     C.  C.  P.  443. 


on  or  before  the  day  fixed  for  his  ap- 
pearance.    C.  C.  P.  1170. 

arraignment,  or  such  other  time  as  may 
be  allowed  defendant  for  that  purpose. 
P.  C.  1003. 


AT    ANY   TIME    BEFORE   ANSWER- 
ING.    C.  C.  P.  854. 


AT  ANY  TIME  BEFORE  TRIAL.     C. 

C.  P.  857. 


Justice's  Court — Notice  of  Hearing. 

Notice  of  hearing  demurrer  must  be 
served 


FIVE  DAYS  before  the  hearing,  when 
personally  served,  and  TEN  DAYS 
when  served  by  mail.     C.  C.  P.  850. 

Demurrer.     See  Appearance. 

Demurrer.     See  Summons. 

Demurrer  in  certiorari.     See  Certiorari. 

Demurrer  in  procedendo.     See  Procedendo. 

Demurrer  in  prohibition.     See  Prohibition. 

Demurrer  in  supreme  court.     See  Mandamus. 

Demurrer  to  answer.     See  Demurrer. 

Demurrer  to  application  for  writ  of  mandate.     See  Mandamus. 

Demurrer  to  complaint  in  intervention.     See  Intervention. 

Demurrer  to  cross-complaint.     See  Cross-complaint. 

Denial  of  claim.     See  Preferred  Claims. 

Deposit  in  lieu  of  bail.     See  Arrest  and  Bail. 

Deposition.     See  Contesting  Election  of  Members  of  the  Legislature. 

Deposition  in  McEnemey  suit.     See  McEnemey  Actions. 


TIME    TABLE. 


1413 


DEPOSITIONS. 

Order  for  Subpoena. 

An    order   for   the   issuance   of   sub-      EX  PARTE.     C.  C.  P.  1986. 
poena  to  require  an  attendance  before 
a  commissioner  or  other  officer  upon  tak- 
ing a  deposition  may  be  made 


Service  of  Subpoena. 

Service  of  subpoena  must  be  made  so 
as  to  allow  the  witness 

Notice  and  Affidavit,  Service  of. 

Service  of  notice  and  affidavit  on 
taking  deposition  may  be  made 

Application  for   Commission. 

Application  for  a  commission  to  take 
a  deposition  of  a  witness  out  of  the 
state    must  be  made 

Cross-interrogatories. 

Cross-interrogatories  must  be  pro- 
posed 

Redirect  Interrogatories. 

Moving  party  must,  if  he  request  it, 
be  allowed 


a  REASONABLE  TIME  for  prepara- 
tion and  travel  to  the  place  of  attend- 
ance.    C.  C.  P.  1987. 

WITH  OR  WITHOUT  NOTICE  to  par- 
ties in  default,  or  not  appearing,  as  the 
court  may  provide.     C.  C.  P.  2023. 


on  FIVE  DAYS*  previous  notice. 
P.  2024. 


C.  C. 


at  THE  TIME   OF  HEARING  of  the 

application  for  a  commission.     C.  C.  P. 
2025. 

TWO  DAYS  to  propose  redirect  inter- 
rogatories.    C.  C.  P.  2025. 


Application  to  Take  Testimony  Without  Written  Interrogatories. 

Notice  of  application  for  commission      TWO  DAYS'  notice.     C.  C.  P.  2025. 
to  take  testimony,  without  written  in- 
terrogatories, must  be 

Election  to  Take  Deposition  on  Oral  Interrogatories. 


Where  notice  has  been  given  to  take 
the  testimony  of  a  nonresident  witness, 
the  opposing  party  may  elect  to  have 
the  commission  directed  to  take  evi- 
dence  orally,  upon  giving  the   other 

Notice  of  Taking  Deposition  of  Nonresident. 


THREE  DAYS'  notice  in  writing  of  his 
election  so  to  do.     C.  C.  P.  20251^. 


Notice  of  time  and  place  of  taking 
deposition  of  nonresident  witness  must 
be 


TEN  DAYS  and  ONE  DAY  in  addition 
thereto,  Sundays  included,  for  every 
three  hundred  miles  traveled  from  the 
place  of  holding  the  court  to  the  place 
where  such  deposition  is  taken.  C.  C. 
P.  2025 y2. 


1414 


hillyer's  legal  manual. 


When   Notice  Dispensed  With. 

Where  service  of  summons  has  been 
had  by  publication,  and  default  been 
entered,  and  the  residence  of  the  party 
unknown,  and  the  witness  resides  out 
of  the  state. 

Service  of  Notice. 

Notice  of  time  and  place  of  taking 
deposition  within  the  state   must  be 


NOTICE   on   taking  deposition  is  DIS- 
PENSED WITH.     C.  C.  P.  2029. 


at  least  FIVE  DAYS,   and  ONE  DAY 

for  every  twenty-five  miles  of  the  dis- 
tance of  the  place  of  examination  from 
the  residence  of  the  person  to  whom 
the  notice  is  given,  unless  a  shorter 
time  is  prescribed  by  the  judge.  C.  C. 
P.  2031. 


Criminal  Cases — Notice  of  Application  to  Take  Testimony  of  Nonresident  Witness. 

Application  to  take  the  testimony  of       on   THREE   DAYS'   notice   to   the   dis- 

a  witness  residing  out  of  the  state  must 

be  made 


trict  attornev.     P.  C.  1353. 


Criminal  Cases — Service  of  Interrogatories. 

When   a   commission   is   ordered,  pro-       without     delay,     together  with     TWO 

posed    interrogatories    must    be    served       DAYS'  notice  of  the  time  of  presenta- 

upon  the  district  attorney                               tion.     P.  C.  1355.  ': 


Criminal  Cases — Cross-interrogatories. 

The  district  attorney  may  serve  cross- 
interrogatories 


within  TWO  DAYS'  notice  from  the 
time  in  which  they  will  be  presented 
to  the  court  or  judge.     P.  C.  1355. 


Depositions.     See  Perpetuation  of  Testimony. 

Deposit  of  forfeited  bail  money.    See  Bail. 

Depositor.     See  Statute  of  Limitations. 

Designation  of  agent.     See  Foreign  Corporations. 

Designation  of  reporter's  notes.  See  Appeal  from  Superior  Court  in 
Criminal  Cases. 

Determination  of  heirship,  appeal  in.  See  Appeal  from  Superior 
Court. 

Development  of  mining  claim,  postponement  to  enable.  See  Postpone- 
ment. 

Devisees,  delivery  of  possession  to.     See  Possession. 


TIME    TABLE. 


1415 


DIMINUTION  OF 

Mailing  Notice. 

Capital  stock  may  be  diminished,  by 
a  resolution  adopted  by  the  unanimous 
vote  of  the  board  of  directors  at  a  reg- 
ular meeting  or  special  meeting  called 
for  that  purpose,  and  approved  by  the 
written  assent  of  the  stockholders  hold- 
ing two-thirds  of  the  subscribed  or 
issued  capital  stock,  but  notice  thereof 
must  be  mailed  to  each  stockholder 

Notice  of  Stockholders'  Meeting. 

Notice  of  stockholders'  meeting  to 
diminish  capital  stock,  or  create  or  in- 
crease bonded  indebtedness,  must  be 
published 


CAPITAL  STOCK. 

at  least  THIRTY  DAYS  before  the  cer- 
tificate of  decrease  of  capital  stock  is 
signed  or  filed,  unless  the  assents  of  all 
the  stockholders  be  filed  sooner,  in 
which  case  the  certificate  may  be  filed 
without  further  delay.     C.   C.   359. 


ONCE  a  WEEK  for  at  least  SIXTY 
DAYS,  and  mailed  to  the  stockholders 
at  least  THIRTY  DAYS  before  the  day 
appointed  for  the  meeting.     C.  C.  359. 


Direction  to  reporter  to  transcribe  notes.     See  Appeal  from  Superior 

Court  in  Criminal  Cases. 
Directors,  actions  against.     See  Statute  of  Limitation. 
Disability.     See  Statute  of  Limitations. 
Disbarment.     See  Attorneys  at  Law. 

DISCHARGE  FROM  ARREST  IN  CIVIL  PROCEEDING. 

Notice  of  Application  for  Discharge. 

Notice   of   application   for   discharge       at  least  ONE  DAY  before  the  hearing. 

must  be  served 

Succeeding  Applications. 

If  not  discharged  the  prisoner  may 
apply  again 


C.  C.  P.  1145. 


at   the   end   of   ev^ery   succeeding  TEN 
DAYS.     C.  C.  P.  1150. 


Discharge  of  attachment.     See  Attachment. 
Discharge  of  sureties.     See  Guardianship. 
Discharge  on  acquittal.     See  Acquittal. 
Discharge  on  giving  bail.     See  Arrest  and  Bail. 


DISMISSAL. 

For  Nonappearance  at  Trial. 

Dismissal  for  nonappearance  at  trial       has   had   FIVE   DAYS'   notice   of   such 
cannot  be  had  until  after  proof  that  the       trial.     C.  C.  P.  594. 
adverse  party 


For  Want  of  Prosecution. 

The  court  must  dismiss  where  action 
is  not  brought  to  trial 


within  FIVE  YEARS  after  answer,  un- 
less the  parties  have  stipulated  that  the 
time  may  be  extended.     C.  C.  P.  583. 


1416 


HILLYER^S   LEGAL    MANUAL. 


By  Plaintiff,  Before  Trial. 

Plaintifle    may    dismiss    provided    no     at  any  time  BEFORE  TRIAL.     C.  C.  P. 
counterclaim  is  set  up,  nor  any  affirm-       581. 
ative  relief  sought 


When  Effective. 

Dismissals  by  the  court  are  effective 


For  Nonissuance  of  Summons. 

Unless  defendant  has  appeared, 
action  must  be  dismissed  by  the  court. 

For  Nonservice  of  Summons. 

Unless  defendant  has  appeared,  an 
action  must  be  dismissed  by  the  court, 
unless    summons    served    and    returned 


FROM  TIME  OF  ENTRY  in  THE 
MINUTES  OF  THE  COURT.     C.  C.  P. 

581. 

unless  summons  is  issued  within  ONE 
YEAR  from  commencement  of  the  ac- 
tion.    C.  C.  P.  581a. 

within  THREE  YEARS  after  the  com- 
mencement of  the  action.     C.  C.  P.  581a. 


For  Failure  to  Indict  or  File  Information. 

Prosecution  must  be  dismissed  if  in- 
dictment is  not  found  or  information 
filed 


within  THIRTY  DAYS  after  defendant 
has  been  held  to  answer,  or  if  the  ac- 
tion is  not  brought  to  trial  within 
SIXTY  DAYS  after  the  finding  of  the 
indictment  or  filing  information,  unless 
defendant  has  consented  to  postpone- 
ment.    P.  C.  1382. 


Of  Suits  for  Foreclosure  of  Mechanic's  Lien. 

Foreclosure  proceedings  may  he  dis-       within  TWO  YEARS  after  commence- 
missed  for  want  of  prosecution,  unless       ment.     C.  C.  P.  1190. 
prosecuted  to  trial 

Dismissal  of   appeal   in   criminal   cases.     See   Appeal  from  Superior 
Court  in  Criminal  Cases. 


DISSOLUTION  OF  CORPORATIONS. 

Savings  and  Loan  Associations. 

On   dissolution   of   savings  and  loan       upon  FIVE  DAYS'  notice  to  the  claim- 
associations,  a  claim  of  a  depositor  or      ant.     C.  C.  P.  1234. 
dividend,  if  filed,  must  be  determined 


Notice  of  Application. 

Notice  of  application  for  dissolution 

must  be  given  by  the  clerk  for  such  time 
Rs  the  court  may  order, 


not  less  than  THIRTY  nor  more  than 
FIFTY  DAYS.     C.  C.  P.  1230. 


TIME    TABLE.  1417 

Objections  to  Application. 

Objection  to  the  application  may  be  BEFORE  EXPIRATION  of  the  time  of 
filed  at  any  time  PUBLICATION.     C.  C.  P.  1231. 

Hearing,  Where  Objections  Filed. 

If  objections  are  filed,  the  applicant  on  FIVE  DAYS'  notice.  C.  C.  P.  1232 
may  be  heard, 

Hearing,  Where  No  Objections  Filed. 

If  no  objections  are  filed,  applicant       WITHOUT  NOTICE.     C.  C.  P.  1232. 

may  be  heard, 

For  not  Organizing  or  Disposing  of  Property  and  Discontinuing  Business. 

If  a  corporation  loses  its  corporate  within  ONE  YEAR  from  the  date  of  its 
powers  it  may  be  dissolved  at  the  suit  incorporation,  or  if  it  loses  or  disposes 
of  the  state,  if  it  does  not  organize  and  of  all  of  its  property  and  fails  for  a 
commence  the  transaction  of  its  busi-  period  of  TWO  YEARS  to  elect  officers 
ness  and  the  construction  of  its  works       and  transact  business.     C.  C.  358. 

Dissolution  of  injunction.     See  Injunction. 

DISTRIBUTION. 

To  Executor  or  Administrator  of  Nonresident. 

Order  for  distribution  to  executor  or       AFTER  PETITION  FILED   on  notice 
administrator  of  nonresident  decedent        by  the  clerk.     C.  C.  P.  1668. 
may  be  made 

Application  for  Partition. 

Notice  of  application  for  partition  either  personally  or  by  public  notice,  as 
must  be  given  the   court   may  direct,   at  ANY   TIME 

before  the  decree  of  distribution.     C.  C. 
P.  1676. 

Distribution.     See  Partial  Distribution. 

Distribution.     See  Partition. 

District  attorney.     See  Habeas  Corpus. 

Diversion  of  waters.    See  Injunction. 

Dividends.    See  Assessment  for  Benefit  of  Creditors. 

DIVORCE. 

Final  Judgment. 

The  court  on  motion  of  either  party,  when  ONE  YEAR  has  expired  after  en- 
or  upon  its  own  motion,  may  enter  the  try  of  the  interlocutory  judgment.  C. 
final  judgment  granting  the  divorce,  C.  132. 

Divorce.    See  Statute  of  Limitations. 

Divorce,  condonation  when  not  a  bar.     See  Condonation. 


1418 


hillyer's  legal  manual. 


Divorce,  interlocutory  judgment,  appeal  from.    See  Appeal  from  Su- 
perior Court. 
Docketing  judgment.     See  Judgment. 
Due  execution.     See  Genuineness  and  Due  Execution. 
Duplicate  bonds.     See  Burned  Bonds. 
Duplicate  stock  certificate.    See  Burned  Stock. 


ELECTION  CONTESTS. 

List  of  Illegal  Votes. 

Where  an  election  is  contested  on  the       at  least  THREE  DAYS  before  the  trial, 
ground  of  reception  of  illegal  votes,  a      C.  C.  P.  1116. 
written  list  thereof  must  be  delivered  to 
the  opposite  party- 


Hearing. 

Election  contest  must  be  set  for  hear- 
ing 

Notice  to  Superior  Court. 

The  county  clerk  must  notify  the  Su- 
perior Court  of  election  contest  filed 

Special  Session. 

A  SPECIAL  SESSION  of  the  Su- 
perior Court  for  the  purpose  of  hearing 
election  contests  must  be  held 

Citation  to  Respondent. 

Citation  to  the  respondent  must  be 
served 

Certificate  of  Election. 

Certificate  of  election  must  be  made 
out  and  delivered 


not  less  than  TEN  nor  more  than 
TWENTY  DAYS  from  the  date  of  the 
order  staying.     C.  C.  P.  1118. 

within  FIVE  DAYS  after  the  end  of  the 
time  allowed  for  filing.     C.  C.  P.  1118.  , 


not  less  than  TEN  nor  more  than 
TWENTY  DAYS  from  the  date  of  the 
order  for  such  special  session.  C.  C.  P. 
1118. 

at  least  FIVE  DAYS  before  the  time 
set  for  the  special  session.  C.  C.  P. 
1119. 

IMMEDIATELY  AFTER  JUDGMENT. 

C.  C.  P.  1123. 


Election  contests.    See  Contesting  Elections  of  Members  of  the  Legis- 
lature. 
Election  contests.     See  Statute  of  Limitations. 
Election  contests,  appeal  in.     See  Appeal  from  Superior  Court. 
Election  contests,  judgment  in.     See  Judgment. 


TIME   TABLE. 


1419 


ELECTIONS  (CORPORATE) 

Petition  to  Review  Corporate  Election. 

Upon  filing  petition  to  the  Superior 
Court  to  review  corporate  election  and 
before  any  further  proceedings  are  had 


FIVE  DAYS'  notice  of  the  hearing  must 
be  given,  under  the  direction  of  the 
court  or  the  judge  thereof,  to  the  ad- 
verse party,  or  those  to  be  affected 
thereby.     C.  C.  315. 


Embezzled  property.     See  Stolen  Property. 

Embezzlement  of  public  moneys.     See  Statute  of  Limitations. 


EMINENT  DOMAIN. 


Damages,  When  Accrued. 

Rights  to  damages  in  eminent  domain 

are  deemed  to  accrue  at  the  date  of  the 
trial,  where  the  issue  is  not  tried 

Pajrment  of  Money  Assessed. 

The  plaintiff  must  pay  the  money  as- 
sessed 


within  ONE  YEAB  after  the  commence- 
ment of  the  action,  unless  a  delay  is 
caused  by  the  defendant.     C.  C.  P.  1249. 


within  THIRTY  DAYS  after  final  judg- 
ment.    C.  C.  P.  1251. 


Payment  Where  State  or  Public  Corporation  is  Plaintiff. 


Where  the  State,  or  a  public  corpora- 
tion is  plaintiff,  and  it  is  necessary  to 
sell  bonds  to  provide  the  money  to  pay 
the  sum  assessed,  it  may  be  paid 

Construction  of  Fences  and  Cattle-guards. 

Where  a  bond  is  given  by  a  railroad 
corporation  to  construct  fences  and 
cattle-guards,  they  must  be  constructed 


within  SIX  MONTHS  from  the  date  of 
judgment,  excluding  the  time  during 
which  the  sale  of  the  bonds  cannot  be 
had  by  reason  of  litigation  affecting 
their  validity.     C.  C.  P.  1251, 


within  EIGHTEEN  MONTHS  from  the 
time  the  railroad  is  built  on  the  land 
taken.     C.  C.  P.  1251. 


Election  to  Build  Fences  and  Cattle-guards. 


The  railroad  company  may  elect  to 

build  fences  and  cattle-guards 

Order  Authorizihg  Possession. 

The  order  authorizing  the  plaintiff  to 
continue  in  or  take  possession  of  prop- 
erty during  the  pendency  must  be  made 
on  notice 

Abandonment  of  Proceedings. 

Plaintiff  may  abandon  proceedings  at 
any  time  after  filing  complaint 


AT  THE  TIME  OF  OR  BEFORE  pay- 
ment of  the  sum  assessed.  C.  C.  P. 
1251. 


of  not  less  than  TEN  DAYS. 
1254. 


C.  C.  P. 


before  the  expiration  of  THIRTY  DAYS 
after  final  judgment.     C.  C.  P.  1255a. 


1420 


HILLYER'S    LEGAL    MANUAL. 


Employer,  death  of.     See  Preferred  Claims. 

Enforcement  of  judgment.     See  Judgment. 

Engrossment  of  statement.     See  New  Trial. 

Engrossment  of   statement   on   appeal.     See   Appeal   from   Superior 

Court. 
Entry.     See  Adverse  Possession. 
Entry.     See  Forcible  Detainer. 
Entry.     See  Landlord  and  Tenant. 
Entry.     See  Original  Entry. 
Entry  of  judgment.     See  Judgment. 
Entry  of  verdict.     See  Verdict. 
Error,  presentation  of.     See  Probable  Cause. 
Escape.     See  Arrest  and  Bail. 
Escape.    See  Statute  of  Limitations. 


ESCHEATED  ESTATES. 

Hearing. 

Order  to  show  cause  must  require  all 
persons  interested  to  appear 


within  FORTY  DAYS  from  the  date  of 
the  order.     C.  C.  P.  1269. 


Order  to  Show  Cause,  Publication  of. 

Order  to  show  cause  must  be   pub- 
lished 


Receivers. 

Eeceiver  to  take  charge  of  escheated 
estate  may  be  appointed 


Sale  of  Escheated  Property. 

After  judgment,  escheated  property 
must  be  sold 

Report   of   Sale. 

The  sheriff  must  mate  report  of  sale 

Petition  Showing  Claim,  Filing. 

Petition  showing  claim  to  escheated 
estate  must  be  filed  by  a  person  not  a 
party  to  the  proceeding 

Petition  Showing  Claim,  Service. 

Petition  showing  claim  to  escheated 

estate  must  be  served  on  the  attorney 
general 


at  least  ONE  MONTH  prior  to  the  ex- 
piration of  the  time  fixed  for  appear- 
ance.    C.  C.  P.  1269. 


EITHER  BEFORE  OR  AFTER  AN- 
SWER, UPON  NOTICE  to  the  party 
claiming  an  estate,  if  known.  C.  C.  P. 
1270. 

on  SUCH  NOTICE  AS  MAY  BE  PRE- 
SCRIBED by  the  court  in  such  judg- 
ment.    C.  C.  P.  1271. 

within  FIVE  DAYS  after  making  the 
same.     C.  C.  P.  1271. 


within   TWENTY  YEARS   after   judg- 
ment.    C.  C.  P.  1272. 


at   least    TWENTY  DAYS   before   the 
hearing.     C.  C.  P.  1272. 


TIME   TABLE. 


1421 


Petition  by   Infants,   etc. 

Petition  by  infants  or  persons  of  un- 
sound mind  may  be  filed 


within  TWENTY  YEARS  after  judg- 
ment, or  within  FIVE  YEARS  after 
their  respective  disabilities  cease.  C.  C. 
P.  1272. 


ESTABLISHING  STANDING  OF  NEWSPAPERS. 


A  petition  to  establish  the  standing 
of  a  newspaper  as  one  of  general  circu- 
lation must  be  published 


Vacating  Order. 

The  order  may  be  vacated  or  modified 
or  set  aside  upon 


for  TEN  DAYS  in  the  newspaper  peti- 
tioning, and  if  the  court  so  directs,  in 
some  other  newspaper,  together  with  a 
notice  of  the  day  upon  which  petitioner 
intends  to  apply  for  the  order.  C.  C.  P. 
4462. 


TEN   DAYS' 

Pol.  C.  4462. 


notice   to   the   petitioner. 


ESTATES  OF  MISSING  PERSONS. 

How  Long  Person  must  be  Missing. 

Trustee  may  be  appointed  for  the  care       for  TEN  DAYS.     C.  C.  P.  1822. 
of  an  estate  of  a  person  who  has  been 
missing 


Hearing. 

Day  for  hearing  petition  for  the  ap- 
pointment of  a  trustee  for  the  estate  of 
a  missing  person    must  be  not  less  than 

Publication  of  Notice  of  Hearing. 

Notice  of  the  hearing  of  petition 
must  be  published 


TEN  DAYS  from  the  date  of  the  order. 
C.  C.  P.  1822. 


for   TEN  DAYS  prior  to   the   day  ap- 
pointed.    C.  C.  P.  1822. 


Estates  under  fifteen  hundred  dollars.  See  Probate  of  Estates  Under 
Fifteen  Hundred  Dollars. 

Evidence.     See  Abstract  of  Title. 

Evidence,  insufficiency  of,  when  reviewable.  See  Appeal  from  Su- 
perior Court. 

Examination  for  admission  to  practice.     See  Admission  of  Attorneys. 

Exception.     See  Bill  of  Exceptions. 


EXCEPTIONS. 

When  Taken. 

Except  as  to  the  matters  provided  for 
in  section  647  of  the  Code  of  Civil  Pro- 
cedure, exceptions  must  be  taken 


AT    THE   TIME   DECISION   is    made. 
C.  C.  P.  646. 


1422 


HILLYER'S    LEGAL    MANUAL. 


Exception  to  sureties  on  undertaking  on  appeal.     See  Appeal  to  Su- 
perior Court. 
Exception  to  sureties  on  undertaking  on  attachment.     See  Attachment. 
Excusable  neglect.     See  Opening  Default. 


EXECUTION. 


Issuance. 

Execution  may  issue 


Stay. 

Where  judgment  on  appeal  requires  a 
stay  bond  to  vacate  a  stay,  the  court 
cannot  make  an  order  staying  proceed- 
ings   for  a  period  longer  than 

When  Returnable. 

Execution  may  be  made  returnable 


within    FIVE    YEARS    after    entry    of 
judgment.     C.  C.  P.  681. 

THIRTY  DAYS.     C.  C.  P.  681a. 


not  less  than  TEN  nor  more  than 
SIXTY  DAYS  after  its  receipt  by  the 
sheriff.     G.  C.  P.  683. 


Debtor  of  the  Judgment  Debtor  may  Pay  Sheriff,  When. 


Any  person  indebted  to  the  judgment 
debtor  may  pay  to  the  sheriff  the  amount 
of  his  debt,  or  so  much  thereof  as  may 
be  necessary  to  satisfy  the  execution 

Application  for  Appraisement  of  Homestead. 


AT  ANY  TIME  after  the  execution  has 
issued,  and  before  its  return.  C.  C.  P. 
716. 


When  an  execution  for  the  enforce- 
ment of  a  judgment  obtained  in  a  case 
not  within  the  classes  where  it  is  liable 
to  forced  sale  is  levied  upon  the  home- 
stead, the  judgment  creditor  may  apply 
to  the  Superior  Court  of  the  county  in 
which  the  homestead  is  situated  for  the 
appointment  of  persons  to  appraise  the 
value  thereof,  at  any  time 

Petition  Showing  Levy. 

The  application  must  be  made  upon  a 
verified  petition  showing  the  fact  that 
an  execution  has  been  levied  upon  the 
homestead 

Service  of  Petition. 

A  copy  of  the  petition,  with  the  no- 
tice of  the  time  and  place  of  hearing, 
must  be  served  upon  the  claimant,  or  his 
attorney, 


within  SIXTY  DAYS  thereafter,  and  if 
such  application  shall  not  be  made 
within  SIXTY  DAYS  after  the  levy 
of  such  execution,  the  lien  of  the  execu- 
tion shall  cease  at  the  expiration  of 
said  period.     C.  C.  1245. 


within  SIXTY  DAYS  prior  to  the  filing 
of  said  petition.     C.  C.  1246. 


at  least  TWO  DAYS  before  the  hear- 
ing, and  if  such  notice  shall  not  be  so 
served,  the  lien  of  the  execution  shall 
cease  at  the  expiration  of  said  period  of 
ninety  days.     C.  C.  1248. 


TIME    TABLE.  1423 

Report  of  Appraisers. 

Persons    appointed    to    appraise    the       within      FIFTEEN      DAYS      AFTER 
value  of  a  homestead  must  make  to  the       THEIR  APPOINTMENT.     C.   C.  1252. 
judge  a  report  in  writing,  which  report 
must  show  the  appraised  value  and  their 
determination  upon  the  matter  of  a  divi- 
sion of  the  land  claimed, 

After  Sale,  Money  Equal  to  Homestead  Exemption  Protected. 

Where  homestead  is  sold  under  exe-       for  the  period  of  SIX  MONTHS  there- 
cution  the  money  paid  to  the  claimant       after.     C.  C.  1257. 
Is     entitled     to     the     same     protection 
against  legal  process  and  the  voluntary- 
disposition   of  the   husband,  which   the 
law  gives  to  the  homestead 

Justices'  Courts — Issuance  Outside  the  County. 

Execution  outside  of  the  county  may  from  the  time  of  DOCKETING  JUDG- 
be  issued  MENT  in  the  county  clerk's  office.     C. 

C.  P.  899. 
Justices*  Court — Issuance. 

In  the  Justice  Court  execution  may  within  FIVE  YEARS  from,  the  entry 
issue  of  judgment.     C.  C.  P.  901. 

Justices'  Court — Stay. 

Justice   may   stay   the    execution   for       not   exceeding   TEN   DAYS.     C.   C.    P. 

901a. 
Justices'  Courts — Renewal. 

Execution  may  be  renewed  BEFORE   THE   EXPIRATION   of   the 

time  fixed  for  its  RETURN.     C.  C.  P. 
903. 
Death. 

Day  appointed  for  execution  of  SIXTY  nor  more  than  NINETY  DAYS 
judgment  of  death  must  not  be  less  from  the  time  of  judgment,  and  the 
than  sheriff   must    deliver   the   defendant   to 

the    warden    within    TEN   DAYS    from 
the  time  of  judgment.     P.  C.  1217. 

Execution  in  unlawful  detainer.     See  Unlawful  Detainer. 
Execution  of  writ  of  attachment.     See  Attachment. 
Execution  on  motion.     See  Judgment. 
Execution,  preferred  claims  in.     See  Preferred  Claims. 

EXECUTION  SALES. 

Perishable  Property— Notice  of  Sale. 

Notice  of  sale  of  perishable  property  for  a  REASONABLE  TIME.  C.  C.  P, 
under   execution  must  be  692,  subd.  1. 


1424 


hillyer's  legal  manual. 


Personal  Property— Notice  of  Sale. 

Notice  of  sale  of  personal  property, 
other  than  perishable  property,  must  be 
for 

Real  Property,  Notice. 

Notice  of  sale  of  real  property  under 
execution    must  be  posted 

Real  Property,  Time  of  Holding. 
Execution  sales  must  be  held 

Real  Property — Title  Passes. 

Execution  sale  passes  title  to  inter- 
est of  judgment  debtor 

Real  Property — Sheriif's  Deed. 

Where  there  has  been  no  redemption, 
the  sheriff  may  make  his  deed  to  the 
purchaser 

Rents. 

Purchaser  at  execution  sale  is  en- 
titled to  the  rents  and  profits  of  the 
property  sold 


not   less    than    FIVE   DAYS    nor    more 
than  TEN  DAYS.     C.  C.  P.  692,  subd.  2. 


for    TWENTY    DAYS    and    published 
once    a    week    for    TWENTY    DAYS. 

C.  C.  P.  692,  subd.  3. 


between    NINE    in    the    morning    and 
FIVE  in  the  afternoon.     C.  C.  P.  694. 


at  the  date  of  levy  of  execution,  or 
date  when  judgment  became  a  lien,  or 
date  of  attachment.     C.  C.  P.  700. 

after  the  expiration  of  TWELVE 
MONTHS  from  the  sale.     C.  C.  P.  703. 


FROM  THE  TIME  OF  SALE  UNTIL 
REDEMPTION.     C.    C.    P.   707. 


Undertaking  on  Release  of  Property,  When  Effective. 

If  no  objection  is  made  to  the  under-       TEN  DAYS  after  service   of  the   copy 
taking    given    on    release    of    property       thereof    on    the    judgment    debtor.     C. 
taken    under    execution,    the    same    be-       C.  P.  713%. 
comes  effective 


In  Actions  Against  Vessels. 

Execution  sales  must  be  made  after 
publication  of  notice  of  sale 


for  TEN  DAYS.     C.  C.  P.  824. 


Execution,  third  party  claim  in.     See  Third  Party  Claim. 

Executor.     See  Administrator. 

Executor.     See  Inventory. 

Executor.     See  Revocation  of  Letters. 

Executor,  actions  by.     See  Statute  of  Limitations. 

Executor  of  nonresident,  distribution  to.     See  Distribution. 

EXECUTORS. 


Renunciation  *of   Letters. 

Unless  good  cause  is  shown  for  fail- 
ure to  petition,  executor  is  deemed  to 
have  renounced  his  right  if  he  fails  to 
petition  for  letters 


within  THIRTY  DAYS  from  the  knowl- 
edge of  the  death  of  the  testator.  C. 
C.  P.   1301. 


TIME   TABLE.  1425 

Executor's  account.     See  Accounts,  Probate. 

EXECUTOR'S  FEES. 

Application  for. 

An    executor    or    administrator    may  after  ONE  YEAR  from  the  admission 

make   an   application   to  the   court  for  of  the  will  to  probate,  or  the  granting 

the  partial  allowance  on  account  of  his  of  the  letters  of  administration.     C.  C. 

fees,  at  any  time  P.  1616. 

Exemption  of  proceeds  of  homestead.    See  Execution. 
Exemption  of  proceeds  of  sale  of  homestead.    See  Homestead. 
Extension  of  lien  of  attachment.    See  Attachment. 
Extension  of  time  of  delinquent  stock  sale.     See  Assessment  of  Stock. 

EXTENSIONS  OF  TIME. 

Extensions  of  time  to  do  any  act  THIRTY  DAYS  in  all,  except  where  the 
where  extension  is  permitted  must  not  party  applying  is  a  member  of  the  legis- 
exceed  lature  engaged  in   attendance  thereon, 

and  in  that  case,  not  exceeding 
THIRTY  DAYS  after  the  termination 
of  the  legislature.     C.  C.  P.  1054. 

False  imprisonment.    See  Statute  of  Limitations. 
Falsification  of  public  records.     See  Statute  of  Limitations. 

FAMILY  ALLOWANCE. 

Where  estate  is  insolvent,  family  al-  ONE  YEAR  after  granting  letters. 
lowance  must  not  be  longer  than  C.  C.  P.  1466. 

Fees  of  executor  or  administrator.    See  Executor's  Fees. 

FELONY. 

Punishment. 

A  felony,  unless  otherwise  prescribed,       not  exceeding  FIVE  YEARS.     P.  C.  18. 

is  punishable  in  the  state  prison, 

Felony.     See  Statute  of  Limitations. 
Felony,  divorce  for.     See  Statute  of  Limitations. 
Fences.     See  Eminent  Domain. 
Final  account.    See  Accounts — Probate. 
Final  judgment.     See  Divorce. 

Final  judgment,  appeal  from.     See  Appeal  from  Superior  Court 
90 


1426 


hjllyer's  legal   manual. 


Finder.     See  Lost  Property. 
Findings.     See  Decision. 


FINES. 


Imprisonment  for  Fine. 

Imprisonment  for  fine    must  not  ex- 
ceed 


ONE  DAY  for  every  TWO  DOLLARS 
of  the  fine,  nor  extend  beyond  the  term 
for  which  the  defendant  might  be  sen- 
tenced.    P.  C.  1205. 


Imprisonment  for  Fine  in  Justice's  and  Police  Court. 

Judgment  that  the   defendant  pay   a       ONE    DAY'S   imprisonment    for   every 
fine  may  direct  that  he  be  imprisoned        dollar  of  the  fine.     P.  C.  1446. 
until  the  fine  be  satisfied,  in  the  propor- 
tion of 


within  TEN  DAYS.     P.  C.  145^ 


Payment  into  Treasury. 

When  a  judgment  is  entered  imposing 
a  fine,  the  defendant  must  be  discharged 
upon  the  payment  thereof,  and  the  fine 
paid  over  to  the  county  treasury,  or 
city  treasurer 

FORCIBLE  DETAINER. 

Who  is  an  Occupant. 

An  occupation  of  property,  within  the       within  FIVE  DAYS  precediiig  the  un- 
meaning  of    the   law   defining   forcible       lawful  entry.     C.   C.  P.   1160. 
detainer,  is  one  who  was  in  peaceable 
and  undisturbed  possession  thereof 


WIio  is  Guilty  of  Forcible  Detainer. 

A  person  is  guilty  of  forcible  detainer 
who  enters  in  the  night-time,  or  during 
the  absence  of  the  occupant,  and  after 
demand  refuses  to  surrender 


for  a  period  of  FIVE  DAYS. 

1160,  subd.  1. 


C.  C.  P. 


Forcible  detainer.     See  Unlawful  Detainer. 
Forcible  entry.     See  Forcible  Detainer. 


FORECLOSURE    (OF    DELINQUENT    PURCHASERS    OF    STATE 

LANDS). 

Notice  of  Intention. 


The  district  attorney  must,  on  receipt 
of  the  delinquent  list  of  purchasers  of 
state  lands,  add  thereto  a  notice  that 
he  will  commence  suit  in  foreclosure  if 
the  amount  due  is  not  paid 


within  FIFTY  DAYS  and  publish  the 
same  for  FOUR  WEEKS  immediately 
following,  or  if  no  newspaper,  post  the 
same  in  FIVE  public  places.  Pol.  C. 
3547. 


TIME    TABLE. 


1427 


Commencement  of  Action. 

The  district  attorney  must  commence 
action  against  delinquent  persons,  after 
the  expiration  of 

Service  of  Summons. 

Service  of  summons  under  action  to 
foreclose  delinquent  purchasers  of  state 
lands    may  be  made  by  publication  for 


Filing  Certified  Copy  of  Judgment. 

The  district  attorney  must  file  a  cer- 
tified copy  of  the  judgment  foreclosing 
delinquent  purchaser  of  state  lands  in 
the  office  of  the  register 


FIFTY  DAYS.     Pol.  C.  354S. 


FOUR  WEEKS,  or  if  no  newspaper  by 
posting    for     FOUR   WEEKS     at     the 

courthouse  door,  and  two  public  places 
in  the  township  where  the  land  is  situ- 
ated.    Pol.  C.  3549. 

within  TWENTY  DAYS  after  the  entry 
of  judgment.     Pol.  C.  3550. 


Foreclosure  of  logger's  lien.     See  Statute  of  Limitations. 
Foreclosure  of  mechanics'  liens.    See  Statute  of  Limitations. 

FORECLOSURE  (OF  MORTGAGES). 

Commissioners'  Sales. 

Commissioner  must  sell  in  the  man-       under    execution.     C.    C.    P.    726.     See 
ner  provided  by  law  for  sales   of  like       Execution  Sales, 
property 

Appointment  of  Commissioner. 

Commissioner     to     sell     encumbered       any  time  after  judgment.     C.  C.  P.  726. 
property   may   be    appointed    by   judg- 
ment   or 

Deficiency  Judgment. 

Deficiency  judgment  becomes  a  lien  WHEN  DOCKETED.     C.  C.  P.  726. 

Commissioner's  Report. 

Commissioner  must  file  report  and  ac-       within  THIRTY  DAYS  after  such  sale. 
count  of  sale  C.  C.  P.  729. 

Foreclosure  of  pledgee's  lien.     See  Pledgee's  Sale. 


FOREIGN  CORPORATIONS. 

Change  of  Designation  of  Agent. 

A  corporation  must  file  a  new  desig- 
nation of  agent  within 


FORTY  DAYS  after  the  death  or  re- 
moval from  the  state  of  the  agent,  or 
after  the  revocation  of  the  designation. 
C.  C.  406. 


1428  HILLYER^S    LEGAL     MANUAL. 

Foreign  will.     See  Probate  of  Foreign  Will. 

Forfeiture.     See  Statute  of  Limitations. 

Forfeiture,  relief  from.     See  Unlawful  Detainer. 

Forged  check.     See  Statute  of  Limitations. 

Franchise.     See  Redemption. 

Franchise,  sale  of.     See  Execution  Sales. 

Fraud.     See  Statute  of  Limitations. 

Fraud,  annulment  of  marriage  for.     See  Statute  of  Limitations. 

FRAUDULENT  CONVEYANCES. 

Objection  to  Undertaking. 

Objection  to  undertaking  given  in  an       within  TEN  DAYS  after  service  of  copy- 
action  to  set  aside  fraudulent  convey-       of  the  undertaking.     C.  C.  P.  678. 
ance    must  be   served  upon   the  trans- 
feree 

Justification  on  Undertaking. 

When   sureties   are   objected  to,  they       TEN  DAYS'  notice.     C.  C.  P.  678%. 
must  justify  upon 

Undertaking,  When  Effective. 

The  undertaking  in  such  an  action,  if       TEN  DAYS   after   service   of   copy   on 
not  objected  to,  becomes  effective  the  plaintiff.     C.  C.  P.  680. 

Undertaking,  Wlien  Effective. 

The  undertaking  in  such  an  action  be-       WHEN   THE   ORDER   IS   MADE   AP- 
comes  effective  where  objection  is  made,       PROVING  THE  SURETIES,  or  sustain- 
ing the  undertaking.     C.  C.  P.  680. 

Fraudulent  conveyances.     See  Stock  in  Trade. 

FUGITIVE  FROM  JUSTICE. 

Commitment   to  Await  Arrest. 

Fugitive    from  justice   from    another       reasonable  to  enable  his  arrest.     P.  C. 
state  must  be  committed  for  such  time,       1551. 
to  be   specified  in  the  warrant,  as  the 
magistrate  may  deem 

Funds,  investment  of.     See  Investment  of  Funds. 
Further  security.     See  Sureties. 

Further  transcription.     See  Appeal  from  Superior  Court  in  Criminal 
Cases. 

Garnishment.     See  Attachment. 
Garnishment.     See  Execution. 


TIME    TABLE.  1429 

GENUINENESS  AND  DUE  EXECUTION. 

Afadavit  Where  Defense  Founded  on  a  Written  Instrument. 

When  the  defense  to  an  action  is  within  TEN  DAYS  after  receiving  a 
founded  on  a  written  instrument,  and  a  copy  of  the  answer.  C.  C.  P.  448. 
copy  thereof  is  contained  in  the  answer, 
or  annexed  thereto,  the  genuineness  and 
due  execution  of  such  instrument  are 
deemed  admitted,  unless  the  plaintiff 
file  with  the  clerk  an  affidavit  denying 
the  same,  and  serve  a  copy  thereof  upon 
the  defendant 

Grants,  void.     See  Statute  of  Limitations. 

Grounds  of  contest.     See  Contesting  Election  of  Members  of  the  Legis- 
lature. 

GUARDIAN'S  ACCOUNT. 

Filing. 

Guardian    must   file    account    on    the       ONE  YRA.R  from  the  time  of  his  ap- 
expiration  of  pointment.     C,  C.  P.  1774. 

Guardian's  bond,  action  on.    See  Statute  of  Limitations. 

GUARDIANSHIP. 

Notice  of  Application  for  Appointment. 

Appointment   of    guardian    must   be      UPON      SUCH     NOTICE     AS     THE 
made  COURT    DEEMS    REASONABLE.     C. 

C.  P.  1747. 

Appointment  of  Guardian  for  Minor  Over  Fourteen. 

The  court  may  appoint  the  guardian       for  TEN  DAYS  after  being  cited.     C. 
of   a   minor   over   the   age   of   fourteen       C.  P.  1749. 
years  if  he  neglects  to  nominate  a  suit- 
able person 

Hearing  of  Petition  to  Transfer  Guardianship. 

The  time  for  hearing  of  a  petition       less  than  FIVE  DAYS  after  date  of  the 
to    transfer     guardianship    proceedings       order  fixing  the  time  of  hearing.     C.  C. 
from  one  county  to  another    must  not       P.  1760. 
be 

Request  for  Special  Notice. 

Request  for  special  notice  in  guard-       AT  ANY  TIME  after  issuance  of  let- 
ianship  proceedings   may  be  filed  ters.     C.  C.  P.  1761. 

Service  of  Special  Notices. 

Special  notices  in  guardianship  pro-  within  TWO  DAYS  after  the  filing  or 

ceedings    must  be  served  personally,  or  commencement   of  proceedings  noticed, 

by  mail  C.  C.  P.  1761. 


1430  HILLYER^S    LEGAL    MANUAL. 

Notice  to  Incompetent. 

Notice  to  incompetent  of  application       less  than  FIVE  DAYS.     C.  C.  P.  1763. 
for  letters  of  guardianship   must  not  be 

Notice  of  Investment. 

Guardian  may  be  directed  to  invest       AFTER  SUCH  NOTICE  to  persons  in- 
moneys  by  order  terested,   as   the   court   may   direct.     C. 

C.  P.  1793. 

Notice  of  Application  for  Appointment  of  Guardian  for  Nonresident. 

Guardian  for  nonresident  may  be  ap-       UPON    SUCH    NOTICE    as    the    court 
pointed  deems  reasonable.     C.  C.  P.  1793. 

Notice  of  Application  to  Remove  Property. 

Application    to    remove   property   of      upon   TEN    DAYS'   notice   to   resident 
nonresident  ward    must  be  made  executor,    administrator     or     guardian. 

C.  C.  P.  1798. 

Removal  of  Guardian  for  Failure  to  Account. 

Guardian  may  be  removed  for  failure       for  THIRTY  DAYS.     C.  C.  P.  1801. 
to  render  an  account  or  make  a  return. 

Notice  of  Application  to  Remove  Guardian. 

Superior  Court  may  remove  a  guard-       SUCH  NOTICE  to  the  guardian  as  the 
ian  upon  court  may  require.     C.  C.  P.  1801. 

Discharge  of  Sureties  on  Filing  New  Bond. 

New  bond  may  be  given  by  a  guard-       AFTER   SUCH   NOTICE   as   the   court 
ian   and  existing  sureties  discharged  may  direct.     C.  C.  P.  1803. 

Guardianship,  partition  in.     See  Partition. 
Guardian's  inventory.     See  Inventory. 

GUARDIANS'  SALES. 

Real  Property,  Hearing. 

Order  to  show  cause  on  sale  of  real       not   less    than    FOUR  nor   more   than 
estate    must  specify  a  time  EIGHT   WEEKS   from   the   making  of 

such  order.     C.  C.  P.  1782. 

Governed  by  Same  Rules  as  Probate  Sales. 

Proceedings  for  the  sale  of  property       as   sales   of  property  of  decedents.     C. 
by  guardians  are  governed  by  the  same       C.  P.  1789.     See  Probate  Sales, 
provisions 

Completion  of  Contracts  of  Sale  by. 

Proceedings    for     the    completion    of  as  proceedings   for  the   conveyance    of 

contracts  for  the  sale  of  real  estate  by  real   estate  by  executors   and   adminis- 

guardians    must   be   had    and   made    in  trators.     C.   C.  P.   1789a.     See  Convey- 

the  same  manner  anees  by  Estates. 


TIME    TABLE. 


1431 


Duration  of  Order  of  Sale. 

No  order  of  sale  of  real  property  "by 
guardian    continues    in    force 

Real  Estate — Deferred  Payments. 

All    sales   of   real    estate    of   ward's 
deferred  payments    must  not  exceed 


more  than  ONE  TEAR  after  granting 
the  same  without  a  sale  being  had. 
C.  C.  P.  1790. 

THREE  YEARS  from  date  of  sale. 
C.  C.  P.  1791. 


Guardians'  sales.    See  Statute  of  Limitations. 


HABEAS  CORPUS. 

Granting  Petition. 

Where  a  petition  for  a  writ  of  habeas       without  delay.     P.  C.  1476. 
corpus  is  presented  in  proper  shape,  it 
must  be  granted 


Service  of  Writ. 

Writ    of     habeas     corpus     must    be 
served 

Commitment  for  Refusal  to  Obey  Writ. 
A  person  refusing  to  obey  the  writ  of 
habeas   corpus    must  be   committed  to 
jail  until  he  makes 

Service  Day  or  Night. 

Writ  of  habeas  corpus  and  process  in 
connection  therewith    may  be  served 


without  delay.     P.  C.  1478. 


due  return,  or  is  otherwise  legally  dis- 
charged.    P.  C.  1479. 


on   any   day   and   at    any   time. 

1502. 


P,   C. 


Service  of  Application  on  District  Attorney. 


On  petition  for  a  writ  of  habeas 
corpus  directed  to  the  officer  of  the 
court  or  peace  officer,  a  copy  of  the  ap- 
plication for  the  writ  must  be  served 
upon  the  district  attorney  at  least 


TWENTY-FOUR  HOURS  before  the 
time  in  which  the  writ  is  returnable. 
P.    C.   1475. 


HANDWRITING 

Ancient  Writings. 

Comparison  of  handwriting  may  be 

made    with    writing     purporting    to    be 
genuine,  and  acted  upon  as  such 


where  writing  in  question  is  more  than 
THIRTY  YEARS  old.     C.  C.  P.  1945. 


Handwriting.     See  Writing. 

Hearing  of  appeal  in  criminal  cases.    See  Appeal  from  Superior  Court 

in  Criminal  Cases. 
Hearing  of  election  contests.     See  Election  Contests. 
Heirs,  delivery  of  possession  to.     See  Possession. 


1432  HILLYER^S    LEGAL    MANUAL. 

Heirship.     See  Proceedings  to  Determine  Heirship. 

Heirship,    determination  of,    appeal  in.     See   Appeal  from    Superior 

Court. 
Heirs  of  applicant  to  purchase  public  lands.     See  Public  Lands. 
Holding  over.     See  Tenancy. 

HOMESTEAD. 

When  Effective. 

Homestead  takes  effect  from   the   time  the   declaration   is  filed 

for  record.     C.  C.  1265. 
Exemption  of  Proceeds. 

Proceeds   of   sale    of    homestead    are       for  SIX  MONTHS  next  following  the 
exempt  sale.     C.  C.  1265. 

Notice  of  Application  to  Sell  Where  Wife  Insane. 

Notice    of    application     for    order   to       once    a   week    for    THREE     successive 

sell  homestead,  where  husband  or  wife       weeks,  and  copy  of  notice  served  upon 

is  hopelessly  insane,  must  be  published       the  next  male  relative  resident  in  the 

state  at  least  THREE  weeks  prior  to 
the  application.     C.  C.  1269a. 

Petition  to  Vest. 

Petition   vesting  homestead   must  be       upon     such    notice    by   publication     or 

heard  otherwise  as   the  court  may  order.     C. 

C.  P.  1723. 

Homestead.     See  Probate  Homestead. 
Homestead,  execution  against.     See  Execution. 

Illegal  votes,  list  of.     See  Election  Contests. 

Illness  of  reporter,  transcription  of  notes  upon.    See  Appeal  from 
Superior  Court  in  Criminal  Cases. 

IMPEACHMENT. 

Service  of  Articles. 

Copy    of    articles    of     impeachment        not   less   than   TEN  DAYS   before   the 
must  be  served  upon  the  defendant  hearing.     P.  C.  740. 

Answer. 

If  objection  to  the  sufficiency  of  the       defendant  must  answer  FORTHWITH. 
articles    of     impeachment    is    not     sus-       P.  C  744. 
tained, 

Imprisonment.     See  Misdemeanor;  Felony. 
Imprisonment  for  contempt.     See  Contempt. 
Imprisonment  for  fine.     See  Fine. 
Inadvertence.    See  Opening  Default. 


TIME   TABLE.  1433 

Incompetent  persons.     See  Guardianship. 

Incompetents.     See  Insane  Persons. 

Incorporation,  inquiry  by  state.     See  Statute  of  Limitations. 

INCREASE   OF   CAPITAL   STOCK. 

Notice  of  Stockholders'  Meeting. 

Notice  of  stockholders'  meeting  to  in-  ONCE  A  WEEK  for  at  least  SIXTY 
crease  capital  stock,  or  create  or  in-  DAYS,  and  mailed  to  the  stockholders 
crease  bonded  indebtedness,  must  be  at  least  THIRTY  DAYS  before  the  day- 
published  appointed  for  the  meeting.     C.  C.  359. 

Indebtedness,  adjustment  of.    See  Municipal  Corporations. 

Indemnity  against  third  party  claim.    See  Third  Party  Claim. 

Indemnity  bond.     See  Judgment. 

Indictment,  demurrer  to.     See  Demurrer. 

Indictment,  dismissal  for  failure  to  indict.     See  Dismissal. 

Infants.    See  Escheated  Estates. 

INFORMATION. 

Filing  of. 

Information  must  be  filed  within  THIRTY  DAYS  after  defendant 

is  committed  on  preliminary  examina- 
tion.    P.  C.  809. 

Information,  demurrer  to.     See  Demurrer. 

INITIATIVE. 

Action  on  by  Legislature. 

Initiative  petition  shall  be  either  FORTY  DAYS  from  the  time  received 
enacted  or  rejected  without  change  or  by  the  legislature.  Const.,  art.  4,  sec.  1. 
amendment  by  the  legislature,  within 

When  Laws  Effective. 

Laws,  acts  or  amendments  submitted  FIVE  DAYS  after  the  date  of  the 
by  initiative  or  referendum  take  effect       official  declaration  of  the  vote  by  the 

Secretary     of     State.     Const.,     art.     4, 

sec.  1. 

INJUNCTION. 

Preliminary  Injunction  on  Notice. 

No    preliminary  injunction  shall  be      WITHOUT  NOTICE.     C.  C.  P.  527. 
granted 

Injunction,  Wlien  Granted. 

An  injunction  may  be  granted  at  any  time  BEFORE  JUDGMENT.     C. 

C.  P.  527. 


1434 


HILLYER'S    LEGAL     MANUAL. 


Eeturn  of  Temporary  Restraining  Order. 

Where  a  temporary  restraining  order 
is  granted  without  notice,  the  matter 
must  be  returnable  on  the  order  to  show 
cause 


on  the  EARLIEST  DATE  that  the  busi- 
ness of  tlie  court  will  permit  of,  but 
not  later  than  TEN  DAYS  from  the 
date  of  such  order.     C.  C.  P.  527. 


Service  of  Papers  on  Temporary  Restraining  Order. 

Where  a  party   obtains  a  temporary       at  least  TWO  DAYS  prior  to  the  hear- 
order,  he  must  serve  upon  the  opposite       ing.     C.  C.  P.  527. 
party  a  copy  of  the  complaint,  affidavits 
and  points  and  authorities 


Injunction  After  Answer. 

After  answer  an  injunction  can  only 
be  allowed 

Exception  to  Sureties. 

The   person   enjoined   may   except   to 
the  sufficiency  of  the  sureties 


UPON  NOTICE.     C.  C.  P.  528. 


within  FIVE  DAYS  after  the  service  of 
the  injunction.     C.  C.  P.  529. 


Justification  of  Sureties  on  Injunction  Bond. 

Sureties  on  an  injunction  bond  must  within  FIVE  DAYS  thereafter,  and 
upon  exception  to  their  sufficiency  jus-  upon  TWO  DAYS'  notice  to  the  person 
tify  enjoined.     C.   C.  P.   529. 

Injunction  Without  Notice  in  Actions  Affecting  Water  Flow. 


In  an  action  to  enjoin  the  diversion,       TEN   DAYS 
diminution   or   increase   of  the  flow  of       C.  C.  P.  530. 
water  in   its  natural   channels,   injunc- 
tion may  issue,  without   notice,  where 
the  plaintiff  has  been  in  peaceable  pos- 
session of  the  flow  of  such  water  within 

Application  to  Dissolve  or  Modify. 

Application  to  dissolve  or  modify  an 
injunction,  granted  without  notice,  must 

Injunction.     See  Statute  of  Limitations. 
Injunction,  appeal  from  order  dissolving. 

Court. 
Injunction,  appeal  from  order  granting. 

Court. 
Injunction  bond.     See  Injunction. 
Injury.     See  Statute  of  Limitations. 
Innkeeper.     See  Unclaimed  Baggage. 
Innkeeper.     See  Unclaimed  Property. 


prior    to    the    application. 


be  made  upon  REASONABLE  NOTICE. 
C.  C.  P.  532. 


See  Appeal  from  Superior 
See  Appeal  from  Superior 


TIME    TABLE.  1435 

INSANE  PERSONS. 

Hearing. 

Where     a     person     is     arrested     and  reasonable  opportunity  for  the  produc- 

charged  with  being  insane,  the  judge  of  tion     and     examination     of    witnesses, 

the  Superior  Court  must  fix  a  time  and  Pol.  C.  2168. 
place  for  the  hearing,  which  will  give 

Demand  for  Jury  Trial. 

Demand  for  jury  trial  on  the  question       FIVE   DAYS   after   making   the    order 
of  sanity,  must  be  made  of  commitment.     Pol.  C.  2174. 

Trial. 

The  trial  must  be  had  not  less  than       FIVE  nor  more  than  TEN  DAYS  from 

the  date  of  the  demand.     Pol.  C.  2174. 

Insane  persons.    See  Homestead. 

Insane  persons.     See  Statute  of  Limitations. 

Insanity.    See  Insane  Persons. 

Insanity,  annulment  of  marriage  for.    See  Statute  of  Limitations. 

Insolvent  estates.    See  Family  Allowance. 

mSPECTION  OF  WRITINGS. 

Order  for  inspection  or  copy  may    be    made    UPON    NOTICE,   and 

MUST  SPECIFY  THE  TIME  within 
which  the  inspection  or  copy  must  be 
furnished.     C.  C.  P.  1000. 

Inspection  of  writing.     See  Writing. 

Insufficiency  of  evidence,  when  refusable.     See  Appeal  from  Superior 

Court. 
Insurance  commissioner.     See  Service  of  Process. 
Intention  to  move  for  new  trial.     See  New  Trial. 
Interlocutory  judgment,   appeal  from.     See   Appeal   from   Superior 

Court. 
Interlocutory  judgment  in  partition,  appeal  from.    See  Appeal  from 

Superior  Court. 

INTERPLEADER. 

Pajmient  into  Court  by  Defendant. 

A  defendant  against  whom  an  action       at  any  time  BEFORE  ANSWER.     C.  C. 
is  pending  upon  a  contract,  or  for  spe-       P.  386. 
cific  personal  property,  may  apply  for 
an   order   to  substitute   another  person 
and  be  discharged  from  liability,  on  de- 
positing in  court, 

Interrogatories.    See  Depositions. 


1436  hillyer's  legal  manual. 

INTERVENTION. 

Time  of. 

Intervention  may  take  place  at  any  time  BEFOBE  TBIAL.     C.  C.  P. 

•  387. 

Demurrer  or  Answer  to  Complaint  in  Intervention. 

Demurrer  or  answer  to  complaint  in      within  TEN    DAYS    from  the  service 

intervention,  must  be  made  thereof,   if    served   within   the   county 

wherein  said  action  is  pending,  or  with- 
in THIBTY  DAYS  if  served  elsewhere. 
C.  C.  P.  387. 

INVENTORY. 

Return  of. 

Executor    or   administrator   must   re-       within  THBEE  MONTHS  after  his  ap- 
turn  the  inventory  pointment.     C.  C.  P.  1443. 

Extension  of  Time.  .     , 

The  court  may  extend  the  time  for       exceeding    TWO    MONTHS.     C.   C.  P. 

filing  an  inventory  not  1450. 

Guardians'. 

Guardian  must  file  inventory  at  least  THREE  MONTHS  after  his  ap- 

pointment.    C.  C.  P.  1773. 

Inventory.     See  Assignment  for  Benefit  of  Creditors. 

Inventory.     See  Revocation  of  Letters. 

Inventory.     See  Search-warrant. 

Inventory  of  lost  property.    See  Lost  Property. 

Investment  by  guardian.    See  Guardianship. 

INVESTMENT  OF  FUNDS. 

Probate — Petition  for. 

An  order  for  the  investment  of  funds       not  less  than  TEN  DAYS,  before  the 
of  an  estate  can  be  made  after  publica-       hearing.     C.  C.  P.  1592. 
tion  of  notice  of  a  petition 

Issuance  of  writ  of  attachment.     See  Attachment. 
Joint  debtor,  summons  against.     See  Summons. 

JUDGMENT. 

Entry  After  Trial  by  Jury. 

After  trial  by  jury  judgment  must  be      within  TWENTY-FOUR  HOURS  after 
entered  the    rendition    of    the    verdict,   unless 

otherwise  ordered.     C.  C.  P.  664. 


TIME   TABLE.  1437 

Entry  After  Trial  by  Court. 

After    trial  by  the    court,  judgment       IMMEDIATELY  AFTER  FILING  OF 
must  be  entered  THE  DECISION.     C.  C.  P.  664. 

Enforcement  After  Five  Years. 

Judgment  may  be  enforced  by  execu-       after  the  LAPSE    OF    FIVE    YEABS 
tion  upon  motion,  or  judgment,  founded       from  the  date  of  entry.     C.  C.  P.  685. 
upon  supplemental  pleadings 

Docketing. 

The  clerk  must  docket  the  judgment       IMMEDIATELY  after  FILING  JUDG- 
MENT-ROLL.    C.  C.  P.  671. 

In  Partition. 

Judgment  in  partition  does  not  affect       less  than  TEN  YEARS  to  the  whole  of 
tenants  for  the  property  subject  to  the    partition. 

C.  C.P.  767. 

Justice's  Court — Entry  After  Trial  by  Jury. 

After  trial  by  jury,  judgment  on   a       AT  ONCE.     C.  C.  P.  891. 
verdict  must  be  entered 

Justice's  Court,  Where  Action  Tried  by  the  Court. 

When  the  trial  is  by  the  court,  judg-       within  TEN  DAYS   after  the   submis- 
ment  must  be  entered  sion.     C.  C.  P.  892. 

Against  Sureties  on  Undertaking  on  Appeal. 

Judgment  against  sureties  on  an  un-      within  THIRTY  DAYS  after  the  filing 
dertaking  on  appeal    may  be  entered  if       of  the  remittitur.     C.  C.  P.  942. 
the  appellant  does  not  pay  the  amount 
awarded 

Against  Sureties  on  Bond  Given  to  Indemnify  Ofllcer. 

If  an  action  is  brought  against  any  on  FIVE  DAYS'  notice.  C.  C.  P.  1055. 
officer  or  person  who  has  received  in- 
demnity for  the  doing  thereof,  and  has 
given  seasonable  notice  to  the  persons 
who  executed  such  bond  or  covenant, 
and  permitted  them  to  conduct  the  de-  • 

fense,  the  court  may  enter  judgment 
against  them  for  the  amount  of  any 
judgment  recovered  and  costs  on  motion 
of   defendant 

Annulling  Election. 

When    any   election   is   annulled   by      within  TEN  DAYS.     C.  C.  P.  1126. 

judgment  of  the  court,  the  office  is 
vacant  if  no  appeal  has  been  taken 


1438  HILLYER'S    LEGAL    MANUAL. 

Judgment.     See  Divorce. 

Judgment.  See  Foreclosure  (of  Delinquent  Purchasers  of  State 
Lands). 

Judgment.     See  Sentence. 

Judgment,  action  on.     See  Statute  of  Limitations. 

Judgment,  appeal  from.    See  Appeal  from  Superior  Court. 

Judgment  by  default.     See  Default. 

Judgment  by  determination  of  supreme  court.  See  Appeal  from  Su- 
perior Court. 

Judgment,  deficiency.    See  Foreclosure  (of  Mortgages). 

Judgment  in  actions  to  determine  adverse  claims.  See  Actions  to  De- 
termine Adverse  Claims. 

Judgment,  including  costs  in.     See  Costs. 

Judgment  lien.     See  Lien  of  Judgment. 

Judgment,  motion  to  enter  different,  appeal  from.  See  Appeal  from 
Superior  Court. 

Judgment  of  death.    See  Execution. 

Judgment  of  district  court  of  appeal.  See  Appeal  from  Superior 
Court. 

Judgment  on  arbitration.     See  Arbitration. 

Judgment  rendered  on  appeal  from  inferior  court,  appeal  from.  See 
Appeal  from  Superior  Court. 

! 

JUDGMENT-ROLL. 

Filing. 

The  clerk  must  file  the  judgment-roll      IMMEDIATELY      after      ENTERING- 

JUDGMENT.     C.  C.  P.  670. 

Judgment,  vacating.    See  Motion  to  Vacate  Judgment  and  Enter  a 

Different  Judgment. 
Jurisdiction  of  sureties  on  undertaking  on  appeal.    See  Appeal  from 

Superior  Court. 
Jury.     See  Demand  for  Jury. 
Jury  trial.     See  Insane  Persons. 

Jury  trial  in  will  contests.     See  Contest  After  Probate. 
Justice's  court.     See  Alias  Summons. 
Justice's  court.     See  Change  of  Place  of  Trial. 
Justice's  court.     See  Judgment. 
Justice's  court.     See  Sentence. 

Justice's  court — Amendment  of  answer.     See  Amendment. 
Justice's  court — Amendment  of  complaint.     See  Amendment. 
Justice's  court — Amendments  to  pleadings.     See  Amendment. 
Justice 's  court,  appeals  from.     See  Appeal  to  Superior  Court. 
Justice's  court,  appearance  in.     See  Appearance. 


TIME   TABLE.  1439 

Justice 's  court,  arrest  and  bail  in.     See  Arrest  and  Bail. 

Justice's  court,  attachment  in.     See  Attachment. 

Justice's  court,  complaint  for  misdemeanor.     See  Complaint. 

Justice's  court,  contempt  in.     See  Contempt. 

Justice's  court,  demurrer.     See  Demurrer. 

Justice's  court,  execution.     See  Execution. 

Justice's  court,  imprisonment  for  fine  in.     See  Fines. 

Justice's  court,  judgment  in.     See  Judgment. 

Justice's  court,  judgment  lien.     See  Lien  of  Judgment. 

Justice 's  court,  notice  of  trial.     See  Trial. 

Justice's  court,  pleading  in.     See  Pleading. 

Justice's  court,  postponement.     See  Postponement. 

Justice's  court,  summons  in.     See  Summons. 

Justice 's  court,  trial  in.     See  Trial. 

Justification  of  sureties  on  undertaking  on  appeal.     See  Appeal  to 

Superior  Court. 
Justification  of  sureties  on  undertaking  to  take  property.     See  Claim 

and  Delivery. 

Keeping  the  peace.     See  Undertaking  to  Keep  the  Peace. 

Labor,  annual.     See  Mining. 
Laborers'  liens.     See  Mechanics'  Liens. 

LANDLORD  AND  TENANT. 
Tenancy  at  Will  may  "be  Terminated  "by  Notice. 

A  tenancy  or  other  estate  at  will,  THIRTY  DAYS,  to  be  specified  in  the 
however  created,  may  be  terminated  by  notice.  C.  C.  789. 
the  landlord's  giving  notice  in  writing 
to  the  tenant,  in  the  manner  prescribed 
by  section  •  1162  of  the  Code  of  Civil 
Procedure,  to  remove  from  the  premises 
within  a  period  of  not  less  than 

Notice  Changing  Terms  of  Tenancy. 

In  all  leases  of  lands  or  tenements,  or       at  least  THIRTY  DAYS  before  the  ex- 
of  any  interest  therein,  from  month  to       piration  of  the  month.     C.  C.  827. 
month,    the    landlord    may    change    the 
terms  of  the  lease  to  take  effect  at  the 
end  of  the   month,  upon  giving  notice 
in  writing 

Re-entry,  When  and  How  to  be  Made. 

Whenever   the    right    of     re-entry    is       upon    THREE    DAYS'    notice,    as    pro- 
given    to    a   grantor   or    lessor   in   any      vided  in  sections  1161  and  1162  of  the 
grant  or  lease,   or   otherwise,   such   re-       Code  of  Civil  Procedure.     C.  C.  791. 
entry  may  be  made  at  any  time  after 
the  right  has  accrued. 


1440  hillyer's  legal  manual. 

Landlord  and  tenant.    See  Adverse  Possession. 

Landlord  and  tenant.     See  Tenancy. 

Laws.    See  Initiative. 

Laws.    See  Statutes. 

Lease.    See  Probate  Lease. 

Lease.     See  Tenancy. 

Leasehold,  redemption  of.    See  Redemption. 

LEGISLATURE. 

Sessions  of. 

All  sessions  of  the  legislature,  other       THIRTY  DAYS  before  recess.     Const., 
than    extraordinary,    shall    continue   in       art.   4,   sec.  2. 
session  for  a  period  not  exceeding 

Legislature.    See  Adjournment. 

Legislature.     See  Initiative. 

Legislature.    See  Recess. 

Letters  of  administration.    See  Administrators. 

Letters  of  guardianship.    See  Guardianship. 

Letters  patent.    See  Statute  of  Limitations. 

Letters  testamentary.     See  Executors. 

Levy  of  attachment.     See  Attachment. 

Liability.    See  Statute  of  Limitations.  i 

Libel.    See  Statute  of  Limitations. 

License  to  marry.     See  Marriage. 

Lienholders  in  partition.    See  Partition. 

Lien  of  attachment.    See  Attachment. 

LIEN  (OF  COMMISSION  MERCHANT  OR  WAREHOUSEMAN). 

Duration  of  Delinquency. 

A  commission  merchant  or  warehouse-  within  SIXTY  DAYS  from  the  date  of 
man  who  makes  advances  upon  consign-  such  advancement.  Pol.  C.  3156. 
ment,  either  to  the  owner  or  for  freight 
and  charges,  may  cause  the  property 
upon  which  the  advances  were  made  to 
be  advertised  and  sold  if  the  same  are 
not  repaid 

LIEN  (OF  JUDGMENT). 

Duration. 

Unless  the  enforcement  of  the  judg-  for  FIVE  YEARS  in  the  county  in 
ment  be  stayed  by  undertaking  on  ap-  which  the  judgment  is  docketed.  C.  C 
peal,  the  judgment  lien  continues  P-   G/l, 


TIME   TABLE. 


1441 


Where  Transcript  Filed. 

Where  transcript  is  filed  in  another 
county,  lien  continues 

Justice's  Court — When  Attaches. 
Judgment  becomes  a  lien 


Justice's  Court — Duration. 

Judgment    liens    in    Justices'    Courts 
continue 

Justice's  Court — Renewal. 

Abstract  of    judgment  may  be  filed 
before  the  expiration  of 


for  TWO  YEARS.     C.  C.  P.  674. 


from  THE  TIME  OF  FILING  AB- 
STRACT IN  THE  OFFICE  OF  THE 
RECORDER.     C.  C.  P.  900. 


for  TWO  YEARS  from  the  time  of  filing 
the  abstract.     C.  C.  P.  900. 


TWO  YEARS  from  the  time  of  filing 
the  first  abstract  of  judgment,  and  ex- 
tends the  lien  for  TWO  YEARS  from 
filing  the  subsequent  abstract,  provided 
that  no  such  lien  continues  in  force 
after  FIVE  YEARS  from  the  rendition 
of  judgment.     C.  C.  P.  900. 


LIEN  (OF  LOGGER). 

Duration. 

Lien  of  logger  continues  for  THIRTY  DAYS  after  timber  arrives 

at  the  place  of  destination  for  sale  or 
manufacture.     C.  C.  3065. 

Lien  of  mechanic.     See  Mechanic 's  Lien. 


LIEN  (OF  OWNER  OF  ANIMAL  USED  FOR  PROPAGATING). 

Filing  Claim. 

Claim  of  lien  by  owner  of  animal  for  NINETY  DAYS,  and  lien  continues 
used  for  propagating  purposes  must  be  for  ONE  YEAR  after  such  filing.  C.  C. 
filed  3063. 

Lien  of  pledgee.     See  Pledgee's  Sale. 

LIEN  (OF  THRESHER). 

Duration. 

Lien  of  person  working  on  threshing-  TEN  DAYS  after  he  ceases  such  work, 
machine  extends  for  C.  C.  3061. 

Liens  for  salaries  and  wages.    See  Preferred  Claims. 

91 


1442 


hillyer's  legal  manual. 


LIENS  (ON  ANIMALS). 

For  Acts  Done  to  Prevent  Cruelty — Resort  to  Court. 


within  THREE  DAYS  after  the  applica- 
tion becomes  due.     C.  C.  P.  1208. 


A  person  having  a  lien  upon  any 
animal  arising  from  acts  done  to  pre- 
vent cruelty  thereto  may  resort  to  the 
proper  court  to  satisfy  the  claim,  if  it 
is  not  discharged 

For  Acts  Done  in  Prevention  of  Cruelty — Sale. 

A  person  holding  a  lien  arising  from  upon  THREE  DAYS'  notice  given  after 
acts  done  in  preventing  cruelty  to  ani-  the  expiration  of  THREE  DAYS  from 
mals  may  sell  in  satisfaction  of  the  the  time  when  the  charges  became  due. 
same  C.  C.  P.  1208. 

Life  estate,  termination  of.     See  Termination  of  Life  Estate. 


LIS  PENDENS. 


Notice  "by  Plaintiff. 

Lis    pe?idens     may 
plaintiff 


be     recorded   by 


AT  THE  TIME  of  filing  the  complaint. 
C.  C.  P.  409. 


Notice  by  Defendant. 

Lis    pendens     may     be 
defendant 


recorded   by 


AT  THE  TIME  of  answering. 

409. 


c.  c.  p. 


Lis  pendens  in  actions  to  determine  adverse  claims.    See  Actions  to 

Determine  Adverse  Claims. 
Lis  pendens  in  McEnerney  suit.     See  McEnerney  Actions. 
Lis  pendens  in  partition.     See  Partition. 
List  of  directors.     See  Banks. 
List  of  illegal  votes.     See  Election  Contests. 
Local  improvement  act.     See  Statute  of  Limitations. 
Location  notice.     See  Mining. 
Lode  location.     See  Mining. 
Logger's  lien.    See  Lien  of  Logger. 
Logger's  lien.     See  Statute  of  Limitations. 


LOST  PROPERTY. 
Notice  to  Owner. 

Finder  of  lost  property  must  inform 


the  owner 

Afladavit  Where  Owner  Unknown. 

Where  owner  is  unknown,  finder  must 
file  an  afiidavit  with  the  justice  of  the 
peace 


within  a  REASONABLE  TIME. 

1865. 


c.  a 


within  FIVE  DAYS.     C.  C.  1865. 


TIME   TABLE. 


1443 


Inventory. 

Finder  must  cause  list  of  valuation 
and  description  of  lost  property  to  be 
filed  for  record 


within  FIVE  DAYS  after  appraisement. 
C.  C.  1865. 


Title  Vests  When. 

Title   of  lost   property,   the  value   of      at    the    expiration    of    SIX    MONTHS 
which  is  not  more  than  twenty  dollars,       after  such  finding.     C.  C.  1871. 
vests  in  the  finder 


Publication  of  List. 

If  lost  property  is  of  greater  value 
than  twenty  dollars,  the  finder  must 
publish  a  copy  of  verified  list  for 

Afladavit  of  Finder. 

Finder  of  lost  property  must,  where 
owner  is  unknown,  make  affidavit  be- 
fore the  justice  of  the  peace 

Filing  and  Posting  Appraisement. 

Finder  must  transmit  copy  of  the  ap- 
praisement to  the  recorder  of  the 
county,  and  post  copy  of  the  same  at 
the  courthouse,  and  four  other  public 
places 

Recording  Appraisement. 

The  recorder  must  record  the  list  and 
appraisement 


THREE  successive  weeks,  and  title 
vests  in  him,  unless  the  owner  claim 
the  property  within  ONE  YEAR  after 
completion  of  publication.     C.  C.  1871. 


within  FIVE   DAYS  after  the  finding. 
Pol.  C.  3136. 


at  once.     Pol.  C.  3138. 


within  FIFTEEN  DAYS.     Pol.  C.  3138. 


When  Title  Vests  Where  Value  Under  Twenty  Dollars. 

Where   the   property  found  is  under       at  the  end  of  SIX  MONTHS. 
twenty  dollars  in  value,  and  no  owner       3139. 
appears    and   proves   the   property,   the 
title  vests  in  the  finder 


Pol.  C. 


Publication  of  Description,  and  Posting. 

If  the  value  of  the  lost  property  ex-  within   THIRTY    DAYS   after   posting 

ceeds   twenty   dollars,   the   finder   must  the  list  for  THREE  WEEKS.     Pol.  C. 

publish  description  3139. 


When  Title  Vests. 

If  no  owner  proves  the  property  so       ONE    YEAR 
published,  it  vests  in  the  finder  Pol.  C.  3139. 


after    such    publication. 


1444 


HILLYER^S    LEGAL    MANUAL. 


Appearance  and  Proof  by  Owner. 

Owner  may  appear  and  prove  prop- 
erty, and  have  the  same  restored  by 
paying  all  reasonable  charges  and  fees 


within  ONE  YEAR.     Pol.  C.  3140. 


Lost  will.     See  Probate  of  Lost  Will. 

MALICIOUS  PROSECUTION. 

Security  to   Pay  Costs. 

In  case  of  malicious  prosecution,  the       within  THIRTY  DAYS  after  the  trial, 
court  may  order  the  prosecuting  witness       P.  C.  1447. 
to  give  security  to  pay  the  costs 


MANDAMUS. 

Notice  of  Application. 

Where  notice  of  application  for  writ       at  least  TEN  DAYS.     C.  C.  P.  1088. 
of  mandate  is  given,  it  must  be 


Answer. 

Answer  to  petition  for  writ  of  man- 
date should  be  made 


Trial. 

The  clerk  of  the  court  which  tries  an 
issue  of  fact  must  transmit  to  the  court 
to  which  the  application  for  the  writ  is 
pending,  certified  copy  of  the  verdict 
attached  to  the  order  of  trial, 

Argument. 

After  return  of  certified  copy  of  the 
verdict,  either  party  may  bring  on  the 
argument 

Peremptory  Writ. 

Upon  judgment  in  favor  of  the  appli- 
cant, peremptory  mandate  must  be 
awarded 

Return  and  Hearing. 

Writ  of  mandamus  may  be  made  re- 
turnable and  hearing  had  thereon 

Demurrer  or  Answer  in  Supreme  Court. 

The  respondent  may  make  return, 
either  by  demurrer  or  by  answer,  or  by 
both,  upon  the 


ON  THE  RETURN  DAY  of  the 
ALTERNATIVE  WRIT,  or  on  the  day 

on  which  the  application  for  the  writ  is 
noticed.     C.  C.  P.  1089. 

within  FIVE  DAYS  after  the  rendition 
of  the  verdict,  or  if  a  motion  for  a  new 
trial  is  made,  within  FIVE  DAYS  after 
denial  of  the  motion.     C.  C.  P.  1093. 


UPON  REASONABLE  NOTICE.     C.  C. 

P.  1093. 


WITHOUT  DELAY.     C.  C.  P.  1095. 


at  any  time.     C.  C.  P.  1108. 


RETURN  DAY  of  the  alternative  writ. 
Rule  XXVI,  subd.  3. 


TIME   TABLE. 


1445 


Stay  of  Proceedings. 

When  an  application  is  made  for  an 
alternative  writ,  an  order  staying  the 
proceedings  of  any  court  or  officer,  until 
the  return  of  the  writ,  will  not  be  made 

Recording  License  and  Certificate. 

Person  celebrating  must,  at  the  re- 
quest of  and  for  either  party,  make  a 
certified  copy  of  the  license  and  certifi- 
cate, and  file  the  originals  with  the 
county  recorder 

Recording  Declaration. 

Where  a  marriage  is  declared  as  pro- 
vided in  said  section  76  of  the  Civil 
Code,  the  husband  must  file  said  decla- 
ration with  the  county  recorder 


unless  DUE  NOTICE  of  the  application 
for  the  writ  shall  have  been  given  to 
all  the  jparties  interested  in  the  proceed- 
ings.    Rule  XXVI,  subd.  4. 


within  THIRTY  DAYS  after  the  mar- 
riage.    C.  C.  74. 


within  THIRTY  DAYS  after  such  mar- 
riage.    C.  C.  79a. 


within  THREE  DAYS  after  the   cere- 
mony.    Pol.  C.  3076. 


Certificate  of  Registry. 

Certificate    of    registry   of    marriage 
must  be  filed  with  the  county  recorder 

Marriage  obtained  by  force.    See  Statute  of  Limitations. 
Married  woman.    See  Sole  Trader. 
Master,  action  against.    See  Statute  of  Limitations. 
Materialmen.    See  Mechanics'  Liens. 


McENERNEY  ACT. 


Publication  of  Summons. 

Summons  under  McEnerney  Act  must 
be  published 

Affidavit. 

The  affidavit  must  be  filed 

Mailing  Summons  to  Nonresident. 

Mailing  summons  to  a  nonresident 
must  be  made 

Mailing  Summons  to  Resident. 

Mailing  summons  to  resident  who  can- 
not be  found  within  the  state,  within 
the  period  of  publication,  must  be  made 


at  least  ONCE  A  WEEK  for  a  period 
of  TWO  MONTHS.  Stats.  1906,  p.  78, 
sec.  4. 

AT  THE  TIME  OF  FILING  THE 
COMPLAINT.      Stats.  1906,  p.  78,  sec.  5. 

within  FIFTEEN  DAYS  after  the  first 
publication  of  the  summons.  Stats. 
1906,  p.  78,  sec.  6. 

FORTHWITH  upon  the  expiration  of 
the  period  of  publication.  Stats.  1906, 
p.  78,  sec.  6. 


1446 


HILLYER'S    LEGAL    MANUAL. 


Posting  Summons  and  Memorandum. 

Copy  of  the  summons  and  memoran- 
dum must  be  posted  on  each  separate 
parcel  of  the  property 

Lis   Pendens   "by   Plaintiff. 
Plaintiff  must  file  lis  pendens 

Lis  Pendens  by  Defendant. 

Defendant  claiming  affirmative  relief 
must  file  lis  pendens 

Depositions. 

Depositions  may  be  taken 

Notice  of  Ownership. 

Notice  of  ownership  gives  construct- 
ive notice 


within  FIFTEEN  DAYS  after  tlic  first 
publication  of  the  summons.  Stats. 
1906,  p.  78,  sec.  4. 


AT  THE  TIME  OF  FILING  THE 
COMPLAINT.      Stats.  1906,  p.  78,  sec.  9. 

AT  THE  TIME  OF  FILING  HIS  AN- 
SWER.    Stats.  1906,  p.  78,  sec.  9. 

AT  ANY  TIME  AFTER  the  issuance  of 
summons.     Stats.  1906,  p.  78,  sec.  12. 

THREE  DAYS  after  the  filing  thereof 
to  all  persons  who  may  thereafter  begin 
actions  under  the  McEnerney  Act.  Act 
of  March  23,  1907,  sec.  2. 

Mechanic's  lien,  dismissal  for  want  of  prosecution.     See  Dismissal. 

MECHANICS^  LIENS. 

AT  ANY  TIME.     C.  C.  P.  1184. 


Notice  to  Withhold. 

Notice  to  withhold  may  be  given 


Filing  Contract. 

Original    contract  must  be  recorded, 
together  with  the  contractor's  bond 

Original  Contractor's  Lien. 

The  original  contractor  must  file  his 
lien 


BEFORE       THE     WORK 

MENCED.     C.  C.  P.  1183. 


IS     COM- 


within  SIXTY  DAYS  after  the  comple- 
tion of  his  contract.     C.  C.  P.  1187. 


Subcontractors,  Laborers  and  Materialmen. 


Every  person,  except  the  original  con- 
tractor  must  file  his  lien 


Cessation  from  Labor. 

Cessation  from  labor  is  deemed  equiv- 
alent to  completion  where  the  same 

Notice  of   CompletiX)n. 

Notice    of   completion   shouJd   be   re- 
corded 


within  THIRTY  DAYS  after  he  has 
ceased  to  labor  or  furnish  materials;  or 
within  THIRTY  DAYS  after  completion 
of  the  original  contract.     C.  C.  P.  1187. 


continues    for   THIRTY   DAYS. 

P.  118-7. 


C.    C. 


within   TEN    DAYS   after    completion. 
C.  C.  P.  1187. 


TIME   TABLE. 


1447 


Notice  of  Cessation. 

Notice  of  cessation  from  labor  should 
be  recorded 


within    FORTY   DAYS   after   cessation 
from  labor.     C.  C.  P.  1187. 


Filing  Claims  Where  No  Notice  of  Cessation  or  Completion. 


Where  no  notice  of  completion  or  of 
cessation  from  labor  is  recorded  or 
filed,  all  claims  of  lien  must  be  filed 


Notice  of  Nonresponsibility. 

Notice  of  nonresponsibility  must  be 
posted  and  recorded 


within  NINETY  DAYS  after  the  same 
has  been  filed,  or  within  NINETY 
DAYS  after  the  expiration  of  credit 
given.     C.  C.  P.  1187. 


within  TEN  DAYS  after  knowledge  of 
the  work.     C.  C.  P.  1192. 


Mechanics'  liens.     See  Statute  of  Limitations. 
Members  of  legislature.     See  Service  of  Process. 
Memorandum.     See  McEnemey  Actions. 
Mesne  profits.     See  Statute  of  Limitations. 
Mill  site  location.     See  Mining. 


MINING. 

Lode  Location. 

Location    notice     of     a   lode     mining 
claim  must  be  recorded 


within   THIRTY   DAYS   after   posting. 
C.  C.  1426b. 


Placer  Location. 

Location   notice   of   a  placer   mining 
claim    must  be  recorded 


within   THIRTY   DAYS   after   posting. 
C.  C.  1426d. 


Tunnel  Location. 

Location  of  notice  of  a  tunnel  right 
must  be  recorded 

Mill  Site  Location. 

Location  notice   of  a  mill  site    must 
be  recorded 


within,  THIRTY   DAYS   after   posting. 
C.  C.  1426g. 


within  THIRTY    DAYS  after  posting. 
C.  C.  1426k. 


Proof  of  Annual  Labor. 

Proof   of    annual   labor   must   be   re- 
corded 


within  THIRTY  DAYS  after  the  time 
limited  for  performing  such  labor.  C. 
C.  1426m. 


Mining  claims.     See  Probate  Sales  (of  Mining  Property). 
Minor.     See  Suspension  of  Sentence. 
Minor.     See  Probation. 
Minors.     See  Guardianship. 
Minors.    See  Statute  of  Limitations. 


1448  hillyer's  legal  manual. 

Minutes  of  the  court.    See  New  Trial. 

Minutes  of  the  court,  motion  vacating  new  trial,  appeal  from.    See  Ap- 
peal from  Superior  Court. 

Recording  Notice  to  Delinquent  Co-owner,  Personally  Served. 

Notice  to  delinquent  co-owner  and  within  NINETY  DAYS  after  the  giving 
affidavit  of  service    must  be  recorded  of  such  notice.     C.  C.  142&0. 

Recording  Notice  to  Delinquent  Co-owner  Served  by  Publication. 

If  notice  to  delinquent  co-owner  is  within  ONE  HUNDRED  AND  EIGHTY 
given  by  publication,  the  affidavit  and  DAYS  after  the  first  publication  there- 
notice  must  be  recorded  of.     C.   C.   1426o. 

Delivery  of  Writing  Showing  Contribution. 

Where   delinquent    co-owner   contrib-       within  TWENTY  DAYS  thereafter.     C. 
utes   his   proportion    and     costs    within       C.   1426o. 
ninety  days,  his  co-owner  must  deliver 
him  writing  showing  that  he  has  so  con- 
tributed 

MISDEMEANOR. 

Punishment. 

Misdemeanor,  unless  otherwise  pre-  not  exceeding  SIX  MONTHS,  or  fine 
scribed,  is  punishable  by  imprisonment  not  exceeding  $500,  or  both.  P.  C.  19. 
in  the  County  Jail 

Misdemeanor.     See  Statute  of  Limitations. 
Misdemeanor,  complaint  for.     See  Complaint. 
Missing  persons.     See  Estates  of  Missing  Persons. 
Mistake.    See  Opening  Default. 
Mistake.     See  Statute  of  Limitations. 
Mistake.    See  Vacating  Default. 
Mob,  damage  by.     See  Statute  of  Limitations. 
Modification  of  injunction.    See  Injunction. 
Mortgage.    See  Foreclosure  (of  Mortgages). 
Mortgage.     See  Probate  Mortgage. 

MORTGAGE  BY  RELIGIOUS  OR  BENEVOLENT  CORPORATION. 

Posting  Order  Fixing  Hearing. 

Order  fixing  time  and  place  for  hear-  for  TEN  DAYS  on  the  property 
ing  petition  of  religious,  social  or  benev-  affected,  at  the  head  office  of  the  cor- 
olent  corporation  for  leave  to  mortgage  poration,  and  at  the  place  where  the 
real  estate  must  be  posted  members  congregate.     C.  C.  598. 

Mortgage,  redemption  of.     See  Statute  of  Limitations. 


TIME    TABLE. 


1449 


MOTION  TO  VACATE  JUDGMENT  AND  ENTER  A  DIFFERENT 

JUDGMENT. 

Notice  of  Intention. 

Notice  of  intention  to  move  to  vacate       within  TEN  DAYS  after  notice  of  entry 
judgment    and    enter   a   different   judg-       of  judgment.     C.  C.  P.  663a. 
ment,  must  be  served  and  filed 


Time  of  Making. 

The  time  designated  for  making  a 
motion  to  vacate  judgment  and  enter  a 
different  judgment  must  not  be  more 
than 


SIXTY  DAYS  from  the  time  of  service 
of  the  notice  of  entry  of  judgment.  C 
C.  P.  663a. 


Motion  for  new  trial.     See  New  Trial. 

Motion  in  arrest  of  judgment.     See  Arrest  of  Judgment. 

Motion  to  discharge  attachment.     See  Attachment. 

Motion  to  enter  different  judgment,  appeal  from.     See  Appeal  from 

Superior  Court. 
Motion  to  extend  lien  of  attachment.     See  Attachment. 
Motion  to  retax  costs.     See  Costs. 
Motion  to  vacate  new  trial  on  minutes  of  court,  appeal  from.     See 

Appeal  from  Superior  Court. 
Motion  to  vacate  order  of  arrest.    See  Arrest  and  Bail. 


MUNICIPAL  CORPORATIONS. 

Adjustment    of   Indebtedness. 

Petition  for  adjustment  of  indebted- 
ness existing  against  a  municipal  cor- 
poration at  the  time  of  exclusion  of 
period  thereof  and  division  of  the  prop- 
erty thereof,  must  be  set  for  hearing 


at  least  FIFTEEN  DAYS  after  the  fil- 
ing of  such  petition  and  notice  must 
be  published  for  TEN  DAYS.  C.  C.  P. 
1822c. 


Municipal  corporations,  actions  against. 
Murder.    See  Statute  of  Limitations. 


See  Statute  of  Limitations. 


Name,  change  of.     See  Change  of  Name. 

Neglect.     See  Opening  Default. 

Neglect.    See  Vacating  Default. 

Negligence.    See  Statute  of  Limitations. 

Newspaper.     See  Establishing  Standing  of  Newspaper. 

Newspaper,  findings  on  petition  to  establish  standing.     See  Decision. 


NEW  TRIAL. 

Notice  of  Intention. 

Notice   of   intention   to   move   for   a      within  TEN  DAYS  after  notice  of  entry 
new  trial  must  be  filed  and  served  of  the  judgment.     C.  C.  P.  659. 


1450 


HILLYER  S    LEGAL    MANUAL. 


Affidavits. 

Affidavits  in  support  of  a  motion  for 
a  new  trial   must  be  filed  and  served 

Counter-affidavits. 

Counter-affidavits    on    motion    for    a 
new  trial  must  be  filed  and  served 


within  TEN"  DAYS  after  service  of  the 
notice  of  intention.  C.  C.  P.  659, 
subd.  1. 

within  TEN  DAYS  after  service  of  orig- 
inal affidavits.     C.  C.  P.  659,  subd.  1. 


Proposed  Bill  of  Exceptions — Service  of. 

Proposed  bill  of  exceptions  on  motion 
for  a  new  trial  must  be  served 

Proposed  Amendments  to  Proposed  Bill. 

Proposed     amendments    to    proposed 
bill  of  exceptions  must  be  served 


within  TEN  DAYS  after  entry  of  judg- 
ment, or  receipt  of  notice  of  entry.  C 
C.  P.  659,  subd.  2,  650. 

within  TEN  DAYS  after  service  of  pro 
posed  bill.     C.  C.  P.  659,  subd.  2,  650. 


Presentation  of  Bill  and  Amendments  to  Judge. 

If  proposed  amendments  are  not  ac-  within  TEN  DAYS  after  service  of  pro- 
cepted,  proposed  bill  and  amendments  posed  amendments  and  upon  FIVE 
must  be  presented  to  the  judge  DAYS'   notice.     C.   C.  P.   659,  subd.   2, 

650. 

Delivery  of  Bill  and  Amendments  to  Clerk. 

In   lieu   of   presenting  proposed   bill       within  TEN  DAYS  after  service  of  pro- 
and  proposed  amendments  to  the  judge,       posed  amendments,  without  notice.     G. 
they  may  be  left  with  the  clerk  for  the       C  P.  659,  subd.  2,  650. 
judge  at  any  time 


Presentation  of  Bill- 
If     no     proposed 


-Where  Amendments  Accepted, 
amendments     are       WITHOUT 

subd.  2,  650. 


are 
served,  or  if  the  proposed  amendments 
are  accepted,  the  bill  and  proposed 
amendments,  if  any,  may  be  presented 
to  the  judge 

Proposed  Statement. 

Proposed  statement  on  motion  for  a 
new  trial  must  be  served 


NOTICE.     C.    C.    P.     656, 


within  TEN  DAYS  after  service  of  the 
notice  of  intention.  C.  C.  P.  659,  subd. 
3. 


Proposed  Amendments  to  Proposed  Statement. 

Proposed  amendments  to  proposed  within  TEN  DAYS  after  service  of  pro- 
statement  on  motion  for  a  new  trial  posed  statement.  C.  C.  P.  659,  subd.  3. 
must  be  served 


Presentation  of  Statement  Where  Amendments  Adopted. 

If  amendments  are  adopted,  amended       WITHOUT    NOTICE. 

statement     may   be    presented    to     the       subd.  3. 
judge   or   delivered  to  the   clerk 


C.    C.    P.    659, 


TIME   TABLE.  1451 

Presentation  of  Statement  and  Amendments  to  Judge. 

If  amendments  are  not  adopted,  pro-  within  TEN  DAYS  after  service  of  the 
posed  statement  and  amendments  must  proposed  amendments  upon  FIVE 
be  presented  to  the  judge  DAYS*  notice,  or  delivered  to  the  clerk 

for  the  judge.     C.  C.  P.  659,  subd.  3. 

Engrossment   of   Statement.. 

After  settlement  of  the  statement  on       within    TEN    DAYS.     C.    C.    P.    659, 
motion  for  a  new  trial,  it  must  be  en-       subd.  3. 
grossed 

Application  on  Minutes  of  the  Court,  When  Made. 

Application  for  a  new  trial  on  the  AT  THE  EARLIEST  PRACTICABLE 
minutes  of  the  court   must  be  heard  PERIOD    after    notice    of    the    motion. 

C.  C.  P.  660. 

Motion  on  Statement,  Affidavits,  or  Bill  of  Exceptions,  When  Heard. 

Motion  for  a  new  trial  upon  affidavit,       AT   THE   EARLIEST  PRACTICABLE 

bills  of  exceptions,  or  statement,  must       PERIOD  after  the  affidavits,  bill  of  ex- 
be  heard  ceptions  or  statement  are  filed.    C.  C.  P. 

660. 

New  trial,  appeal  from  order  granting.     See  Appeal  from  Superior 

Court. 
New  trial,  appeal  from  order  refusing.    See  Appeal  from  Superior 

Court. 
Nonage,  annulment  of  marriage  for.    See  Statute  of  Limitations. 
Nonappearance  at  trial.     See  Dismissal. 
Nonresident,  deposition  of.     See  Depositions. 
Nonresident,  guardians  for.     See  Guardianship. 
Nonresident,  service  on.     See  Summons. 
NonresponsibiUty,  notice  of.     See  Mechanics'  Liens. 
Nonsuit.    See  Dismissal. 
Notice  after  bail.    See  Bail. 
Notice  of  appeal.    See  Appeal  to  Superior  Court. 
Notice  of  appropriation.     See  Appropriation. 
Notice  of  assessment.    See  Assessment  of  Stock. 
Notice  of  cessation.     See  Mechanics'  Liens. 
Notice  of  completion.    See  Mechanics'  Liens. 
Notice  of  election  contests.    See  Election  Contests. 
Notice  of  filing  transcript.    See  Appeal  from  Superior  Court. 
Notice  of  hearing  demurrer.    See  Demurrer. 
Notice  of  intention.     See  New  Trial. 

Notice  of  intention  to  use  abstract  as  evidence.    See  Abstract  of  Title 
Notice  of  justification  of  bail.    See  Arrest  and  Bail. 
Notice  of  mining  location.    See  Mining. 


1452  hillyer's  legal  manUx\l. 

Notice  of  nonacceptance  of  bail.     See  Arrest  and  Bail. 

Notice  of  nonresponsibility.     See  Mechanics'  Liens. 

Notice  of  ownership.     See  McEnemey  Actions. 

Notice  of  sale  of  delinquent  stock.     See  Assessment  of  Stock. 

Notice  of  stockholders'  meeting  to  adopt  by-laws.     See  By-laws. 

Notice  of  taking  deposition.     See  Depositions. 

NOTICE  OF  TRIAL. 

Trial  in  Absence  of  Party. 

Trial  in  the  absence  of  a  party  can-       FIVE  DAYS'  notice  of  such  trial.     C. 
not  be  had  until  after  proof  that  the       C.  P.  594. 
adverse  party  has  had 

Notice  of  trial.    See  Trial. 

NOTICES. 

Notice  to  Attorney. 

Notice  of  motion  to  an  attorney  who       FIVE  DAYS  before  the  hearing,  other- 
has  his   office  within  the   county    must       wise  TEN  DAYS.     C.  C.  P.  1005. 
be  given 

Notice  of  Motion  by  Mail. 

When  notice  of  motion  is  served  by  ONE  DAY  for  every  25  miles  between 

mail,    the    number    of   days   before    the  the  place  of  deposit,  and  the  place  of 

hearing  must  be  increased  service,  not  exceeding  in  all   THIRTY 

DAYS.     C.  C.  P.  1005. 
At  Attorney's  Office. 

Service  at  attorney's  office   must  be  the  hours  of  9  A.  M.  and  5  P.  M.     C.  C. 

made  between  P.  1011,  subd.  1. 

Other  Than  Personal  on  Party. 

Service  of  notice,  other  than  personal,       between  8  A.  M.  and  6  P.  M.     C.  C. 

may  be  made  upon  a  party  P.    1011,   subd.   2. 

By  Mail. 

Where  service  is  made  by  mail,  the  is  extended  ONE  DAY  for  every  25 
time  in  which  the  adverse  party  may  miles  between  the  place  of  deposit  and 
exercise  any  right,  or  do  any  act  the    place    of     address,    not    exceeding 

THIRTY  DAYS  in  all.     C.  C.  P.  1013. 

Notices  in  probate.     See  Publication  of  Notices. 
Notice  terminating  tenancy.     See  Unlawful  Detainer. 

NOTICE  TO  CREDITORS  (PROBATE). 

When  Published. 

Notice  to  creditors  must  be  pub-  IMMEDIATELY  after  appointment  of 
lished  executor    or    administrator.     C.    C.    P. 

1490. 


TIME   TABLE.  1453 

How  Often. 

Notice  to  creditors  must  be  published       ONCE  A  WEEK  for  FOUR  WEEKS. 
as   often   as   the   court   or  judge   shall       C.  C.  P.  1490. 
direct,  but  not  less  than 

Statement  of  Date  of  Publication. 

Copy  of  notice  to  creditors  and  state-  within  THIRTY  DAYS  after  the  first 

ment  of  date  of  publication  and  news-  publication   of  notice   to   creditors.     C. 

paper    must  be  filed  C.  P.  1491a. 

Notice  to  creditors.    See  Assessment  for  Benefit  of  Creditors. 

Notice  to  creditors.     See  Revocation  of  Letters. 

Notice  to  district  attorney.    See  Bail. 

Notice  to  landlord.    See  Tenancy. 

Notice  to  perform  conditions  of  lease.     See  Unlawful  Detainer. 

Notice  to  produce.    See  Writing. 

Notice  to  quit.     See  Unlawful  Detainer. 

Notice  to  withhold.    See  Mechanics'  Liens. 

Nuncupative  will.    See  Probate  of  Nuncupative  Will. 

NUNCUPATIVE  WILLS. 

Reduction  to  Writing. 

Nuncupative  will  must  be  reduced  to       within  THREE  DAYS  after  the  testa- 
writing  mentary   words   are    spoken.     C.   C.  P. 

1344. 

Objections  to  transcript.    See  Appeal  from  Superior  Court  in  Criminal 

Cases. 
Obligation.    See  Statute  of  Limitations. 
Occupancy  of  real  property.    See  Adverse  Possession. 
Occupant.     See  Forcible  Detainer. 

OFFER  OF  COMPROMISE. 

When  Made. 

Offer  of  compromise  may  be  made  AT  ANY  TIME  BEFORE  TRIAL  OR 

JUDGMENT.     C.   C.  P.  997. 

When  Deemed  Withdrawn. 

Offer  of  compromise  is  deemed  with-       within  FIVE  DAYS.     C.  C.  P.  997 
drawn,     unless    notice    of    acceptance 
thereof  is  given 

Justice's  Court. 

Off€r  of  compromise  may  be  made  AT  ANY  TIME  BEFORE  TRIAL.     C. 

C.  P.  895. 

Officer,  judgment  vacating.    See  Judgment. 


1454 

OPENING  DEFAULT. 

Where  Summons  not  Personally  Served. 

When  the  summons  has  not  been  per-      within  ONE  YEAR  after  the  rendition 
sonally   served   on   the   defendant,   the       of  judgment.     C.  C.  P.  473. 
court  may  allow  defendant  or  his  legal 
representative  to  answer  on  the  merits 
of  the  original  action 

Application  for  Relief  on  Ground  of  Mistake,  Inadvertence,  Surprise  or  Excusable 
Neglect. 

Application  to  the  Superior  Court  for  within  a  reasonable  time,  but  in  no  case 

relief  against  a  judgment,  order  or 'pro-  exceeding    SIX    MONTHS    after    such 

ceeding  taken  against  a  party  through  order,     judgment    or    proceeding     was 

his    mistake,    inadvertence,    surprise    or  taken.     C.  C.  P.  473. 
excusable  neglect,  must  be  made 

Justice's  Court. 

Application  for  relief  against  a  judg-       within  TEN  DAYS  after  notice  of  entry 
ment  by  default,  on  the  ground  of  mis-       of  the  judgment.     C.  C.  P.  859. 
take,    inadvertence,    surprise    or    excus- 
able neglect,  must  be  made 

OPINION. 

When  Filed. 

Every  opinion  of  the  Supreme  Court       NINETY   DAYS   after   the   submission 
which  shall  have  received  the  assent  of       of  the  cause  in  which  such  opinion  is 
a  suflS-cient  number  of  the  members  of       written.     Rule  XXVIII,  subd.  2. 
the  court  to  order  the  judgment  therein 
directed,  shall  be  filed  within 

Opinion.     See  Appeal  from  Superior  Court. 

Oral  argument.    See  Calendar. 

Oral  interrogatories.     See  Depositions. 

Order  authorizing  possession.     See  Eminent  Domain. 

ORDER  CONTINUING  ADMINISTRATION. 

Petition. 

Petition  for  order  continuing  adminis-       UPON  NOTICE  SERVED,  in  the  same 
tration  must  be  heard  manner  as  service  of  summons  is  had. 

C.  C.  P.  1670. 

Petition  to  Close  After  Order  Continuing. 

Petition  to  have  administration  closed       UPON    NOTICE     served   in   the   same 
after      continuation      order       must     be       manner  as  summons.     C.  C.  P.  1670. 
heard 

Order  dissolving  attachment,  appeal  from.     See  Appeal  from  Superior 
Court. 


I 


TIME    TABLE.  1455 

Order  dissolving  injunction.     See  Appeal  from  Superior  Court. 

Order  extending  time.     See  Extensions  of    Time. 

Order  for  hearing  by  Supreme  Court.     See  Appeal  from  Superior 

Court. 
Order  for  hearing  in  bank.     See  Appeal  from  Superior  Court. 
Order  for  subpoena.     See  Depositions. 
Order  granting  a  new  trial,  appeal  from.     See  Appeal  from  Superior 

Court. 
Order  granting  change  of  place  of  trial,  appeal  from.     See  Appeal  from 

Superior  Court. 
Order  granting  injunction.     See  Appeal  from  Superior  Court. 
Order  made  after  final  judgment,  appeal  from.     See  Appeal  from  Su- 
perior Court. 
Order  of  arrest.     See  Arrest  and  Bail. 
Order  of  examination.    See  Supplementary  Proceeding. 
Order  refusing  new  trial.     See  Appeal  from  Superior  Court. 
Order  refusing  to  dissolve  an  attachment,  appeal  from.    See  Appeal 

from  Superior  Court. 
Order  refusing  to  grant  change  of  place  of  trial,  appeal  from.    See 

Appeal  from  Superior  Court. 
Order  refusing  to  grant  injunction,  appeal  from.     See  Appeal  from 

Superior  Court. 
Order  to  account.    See  Trustees. 
Original  contractor's  lien.    See  Mechanics'  Liens. 

ORIGINAL  ENTRY. 

When  Made. 

An  entry  is  deemed  an  original  entry,       AT   OR  NEAR  THE  TIME   OF   THE 

if  copied  from  the  original  entry  of  the       TRANSACTION.     C.  C.  P.  1947. 
regular  course  of  business 

Owner  of  animal.     See  Lien  of  Owner  of  Animal. 
Ownership,  notice  of.     See  McEnerney  Actions. 

Panel,  challenge  to.     See  Challenges. 

PARDON. 

Statement  of  Facts. 

Upon  application  to  the  governor  for  without  delay  a  statement  of  the  facts 
a  pardon,  the  judge  of  the  court  or  the  proved  on  the  trial,  and  any  other  facts 
district  attorney,  must  furnish  to  the  touching  the  propriety  of  granting  or  re- 
governor  fusing  the  pardon.     P.  C.  1420. 

Notice  of  Intention,  Service. 

Notice    of   intention   to   apply   for   a       TEN  DAYS  before  the   governor   acts 
pardon    must  be  served  upon  the   dis-       upon  the  application.     P.  C.  1422. 
trict  attorney 


1456 

Notice  of  Intention,  Publication. 

Notice  of  intention  to  apply  for  a  THIRTY  DAYS,  unless  dispensed  with 
pardon    must  be  published  by   the   governor.     P.   C.  1422. 

Where  There  is  Imminent  Danger  of  Death. 

No  statement  of  the  judge  or  district  imminent  danger  of  death  of  the  per- 
attorney  of  a  publication  of  notice  is  son  convicted,  or  the  term  of  imprison- 
required,  where  there   is  ment  is  within  TEN  DAYS  of  its  ex- 

piration.    P.   C.  1423. 

PARTIAL  DISTRIBUTION. 

Petition  for  Partial  Distribution. 

Petition  for  partial  distribution  may  after  FOUR  MONTHS  from  the  issu- 
be  made  at  any  time  ance  of  letters.     C.  C.  P.  1658. 

Notice  of  Application. 

Notice  of  application  for  partial  dis-       FOR  SUCH  TIME  AS  MAY  BE  FIXED 

tribution  must  be  given  to  the  executor       BY  THE  CLERK.     C.  C.  P.  1659. 
or  administrator  personally,  and  to  all 
persons   interested   in   the    estate   upon 
notice 

PARTITION. 

Lis  Pendens. 

Lis  pendens  in  actions  of  partition  IMMEDIATELY  after  the  FILING  OF 
must  be  recorded  THE  COMPLAINT.     C.  C.  P.  755. 

Appearance  of  Lienholders  Before  Referee. 

Notice  to  lienholders  to  appear  be-  a  REASONABLE  TIME  before  the  date 
fore  referee    must  be  served  of  appearance.     C.  C.  P.  762. 

Where  Site  of  Incorporated  Town  Included. 

When   the    site   of    an   incorporated      within  SIXTY  DAYS   after  final   con- 
city  is  included  in  the  boundaries  of  the       firmation  of  the  report  of  the  referees, 
property  to  be  partitioned,  and  a  sale       C.  C.  P.  763. 
of  such  site  is  ordered,  tenants  in  com- 
mon   having   improvements    erected    on 
any  lot  or  subdivision  thereof,  may  pay 
into  court  the  appraised  value  thereof 
and  acquire  the  fee 

Motion  to   Confirm,   Change  or  Modify  Report  of   Referee. 

Motion  to  confirm,  change,  or  modify  at  least  TEN  DAYS'  notice.     C.  C.  P. 

the   report   of   referees    must  be  made  765. 
upon 

Motion  to  Confirm  or  Set  Aside  Sale. 

Motion  to  confirm  or  set  aside  sale  upon  TEN  DAYS'  notice  by  the  parties 
must  be  made  after  report  is  filed  and  to  the  purchaser.     C.  C.  P.  784. 

Partition.     See  Distribution. 


TIME   TABLE. 


1457 


PARTITION  (IN  PROBATE). 

Notice. 

Before   a   partition   is    made,    or  an 

estate  divided, 


NOTICE  MUST  BE  GIVEN.     C. 

1683. 


Guardianship — Notice  of  Hearing. 

Order  for  partition  of  property  of  a 
ward  must  be  made  only  after  notice  of 
the  hearing 

Guardianship^ — Hearing. 

Order  for  partition  of  estate  of  ward, 
whether  suit  is  or  is  not  pending,  may 
be  made 


of  at  least  TEN  DAYS  by  mail. 

P.  1772. 


C.  P. 


C.  C. 


at    least    TEN   DAYS   after    notice    of 
hearing  by  mail.     C.  C.  P.  1772. 


Partition,  interlocutory  judgment  in,  appeal  from.    See  Appeal  from 

Superior  Court. 
Partition,  judgment  in.     See  Judgment. 
Partition,  order  upon  report  of  referee,  appeal  from.     See  Appeal  from 

Superior  Court. 


PARTITION  SALES. 

Public  Sales  in  Partition. 

Sales  at  auction  in  partition  must  be  on  execution, 
upon  notice  in  the  manner  required  for  cution  Sales, 
the  sale  of  property 


C.  C.  P.  775.     See  Exe- 


Private  Sales  in  Partition. 

Where  sales  in  partition  are  ordered 
to  be  made  at  either  public  auction  or 
private  sale,  the  sale  at  private  sale 
must  be  conducted  in  the  manner  re- 
quired 


in  private  sales  of  real  property  of 
estates  of  deceased  persons.  C.  C.  P. 
775.     See  Probate  Sales. 


Partnership.     See  Accounting  (by  Surviving  Partners), 
Patent.    See  Statute  of  Limitations. 
Payment  into  court.     See  Arrest  and  Bail. 
Payment  into  court.     See  Interpleader. 
Payment  into  treasury.     See  Fines. 
Payment  of  taxes.     See  Adverse  Possession. 
Payment  to  sheriff.     See  Execution. 
Penalty.     See  Felony — Misdemeanor. 
Penalty.     See  Statute  of  Limitations. 
Peremptory  writ  of  mandamus.     See  Mandamus. 
Perishable  property.     See  Execution  Sales. 
Perishable  property.     See  Probate  Sales. 

92 


1458  hillyer's  legal   manual. 

PERPETUATION  OF  TESTIMONY. 

Notice  of  Examination  Where  Parties  are  Resident. 

Notice  of  examination  of  witness  on  be  SUCH  NOTICE  AS  MAY  BE  PRE- 
proceeding  to  perpetuate  testimony,  if  SCRIBED  BY  THE  COURT.  If  the 
the  parties  expectant  are  known  and  parties  are  unknown,  it  must  be  by 
reside  in  this  state,  must  publication   at  least   ONCE  A  WEEK, 

but  not  less  than  TWO  MONTHS.     C. 

C.  P.  2084,  413. 

Where  Witness  is  in  Foreign  State  and  Parties  are  Unknown. 

In   proceedings   to   perpetuate    testi-       FOR    SUCH    TIME    AS    THE    COURT 
mony   where    the   testimony   is    to   be       MAY  DESIGNATE.     C.  C.  P.  2086. 
taken  in  another  state,  and  the  parties 
are  unknown,  notice  of  the  settlement 
of     the    interrogatories    must    be    pub- 
lished 

Personal  property.     See  Probate  Sales. 

Personal  property.     See  Statute  of  Limitations. 

Personal  property,  sale  under  execution.     See  Execution  Sales. 

PERSONAL  SERVICES. 
Contract  for. 

A    contract   to   render    personal    ser-  term   of   TWO  YEARS  from  the   com- 

viees,  other  than  a  contract  of  appren-  mencement  of  services  under  it.     C.  C. 

ticeship,  cannot  be  enforced  against  the  1980. 
employee  beyond  the 

Persons  of  unsound  mind.     See  Escheated  Estates. 

Petition.     See  Proceedings  to  Determine  Heirship. 

Petition  for  entry  of  judgment.     See  Arbitration. 

Petition  for  investment  of  funds.     See  Investment  of  Funds. 

Petition  for  partial  distribution.     See  Partial  Distribution. 

Petition  for  rehearing.     See  Appeal  from  Superior  Court. 

Petition  to  determine  heirs.     See  Public  Lands. 

Petition  to  vest  homestead.     See  Home&tead. 

Petition  to  withdraw  articles  of  incorporation.  See  Articles  of  Incor- 
poration. 

Petition  vesting  community  property.     See  Community  Property. 

Physical  incompetence,  annulment  of  marriage  for.  See  Statute  of 
Limitations. 

Placer  location.     See  Mining. 


TIME   TABLE.  1459 

PLEADING. 

To  Amended  Pleading. 

A  party  who  has  appeared  may  demur       within  TEN  DAYS  after  service  there- 
or  answer  to  an  amended  pleading  of.     C.  C.  P.  472. 

Justice's  Court — ^Pleading  to  Amended  Pleading. 

When  a  pleading  is  amended  the  ad-       not   exceeding  TWO  DAYS.     C.   C.  P. 

verse  party  may  answer  or  demur  to  it       860. 
within     such    time   as    the    court    may 
allow, 

Pleading — Amendments  to.     See  Amendment. 
Pleading  to  cross-complaint.    See  Cross-complaint. 

PLEDGEE'S  SALE. 

Notice. 

Sale  by  pledgee  of  property  pledged        in  the  manner  and  upon  the  notice  of 
must  be  made  by  public  auction  sale  of  personal  property  under  execu- 

tion.    C.  C.  3005. 

PLUMBING. 

Owner  must  Connect. 

Owner   of   dwelling-house   must    con-       within    THIRTY    DAYS    after    notice 
ne(5t  plumbing  with  the  sewer  from  health  oflficer.     C.  C.  P.  1191a. 

Points  and  authorities.    See  Appeal  from  Superior  Court. 

Points  and  authorities,   criminal  cases.    See  Appeal  from  Superior 

Court  in  Criminal  Cases. 
Police  Court.     See  Sentence. 
Police  Court,  civil  actions  in.     See  Answer. 
Police  Court,  complaint  for  misdemeanor  in.    See  Complaint. 
Police  Courts,  imprisonment  for  fine  in.     See  Fines. 
Police  Court,  summons  in.    See  Summons. 
Police  Court,  trial  in.    See  Trial. 

POSSESSION. 

Of  Estate  by  Heir  or  Devisee. 

The  executor  is  not  entitled  to  recover      AFTER    THE    EXPIRATION   of   the 
the  possession  of  any  property  of  the       time  for  presentation  of  claims.     C.  C. 
estate  from  any  heir  or  devisee  or  as-       P-  1452. 
signee  thereof,  unless  he  proves  that  the 
same   is  necessary  for  the  payment   of 
debts,  legacies,  expenses  of  administra- 
tion or  distribution  to  some  other  heir, 
devisee  or  legatee, 


1460  hillyer's  legal  manual. 

Delivery  to  Heirs  and  Devisees. 

Unless  the  rents,  issues  and  profits  of       AT  THE  END  OF    THE  TIME    FOR 
real    estate    are  necessary  to  pay  the       PRESENTATION  of  claims.     C.  C.  P. 
debts,  the  court  must  direct  the  execu-       1453. 
tor  or  administrator  to  deliver  posses- 
sion of  the  real  estate  to  the  heirs  or 
devisees 

Possession.     See  Adverse  Possession. 
Possession.     See  Forcible  Detainer. 
Possession  of  homestead.    See  Probate  Homestead. 
Possession  of  tenant.     See  Adverse  Possession. 
Possession,  when  a  bar.     See  Unlawful  Detainer. 
Posting  list  of  directors.     See  Banks. 

POSTPONEMENT. 

To  Enable  Development  of  Mining  Claim. 

Postponement  of  trial  to  enable  fur-       a  REASONABLE  TIME.     C.  C.  P.  595. 
ther  development  upon  a  mining  claim 
must  be  for 

Justice's  Court — Extent. 

The  court  may  postpone  the  trial  not  exceeding  ONE  DAY  when  engaged 

in  another  trial;  for  not  exceeding  TWO 
DAYS  on  account  of  amendment  of 
pleading,  and  not  exceeding  THREE 
DAYS  where  jury  demanded.  C.  C.  P. 
874. 

Justice's  Court — For  Want  of  Testimony. 

Trial   may  be  postponed   on   the   ap-       for    not    exceeding    FOUR    MONTHS. 
plication  of  a  party  for  want  of  mate-       C  C.  P.  876. 
rial  testimony 

Justice's  Court — ^Discharge  of  Person  Under  Arrest. 

A  defendant  in  custody  is  discharged       for  more  than  THREE  HOURS.     C.  C. 
therefrom  by  postponement  of  the  trial       P.  876,  subd.  2. 
on  the  application  of  the  plaintiff 

Justice's  Court — Where  No  Undertaking  Filed. 

No   continuance,   except  upon  under-       than  TEN  DAYS.     C.  C.  P.  877. 
taking    filed,   or    by   consent,   shall   be 
granted  for  more 

Of  Preliminary  Examination. 

Preliminary    examination    cannot    be       TWO    DAYS   at    each    time    and     SIX 
postponed   more   than  DAYS  in  all,  without  the  consent  of  tho 

defendant.     P.  C.  861. 


TIME    TABLE. 


1461 


In  Criminal  Cases  to  Await  Return  of  Commission. 

Where  the  court  orders  the  testimony 
of  a  witness  taken  upon  commission,  it 
may  be  inserted  in  the  order,  and  direc- 
tion that  the  trial  be  stayed  for  a 
specific  time. 


Criminal  Cases. 

Before  the  commencement  of  the 
trial,  either  party  may  have  a  postpone- 
ment for  a 


reasonably  sufficient  for  the  execution 
and  return  of  the  commission.  P.  C. 
1354. 


REASONABLE  TIME.     P.  C.  1433. 


Postponement  of  sale.    See  Probate  Sales. 
Preferred  claim.     See  Statute  of  Limitations. 


PREFERRED  CLAIMS. 

Preferred  Claims  in  Assignments  for  Benefit  of  Creditors. 

In    assignments    for     the    benefit    of       within   SIXTY  DAYS  prior  to  the  as- 
creditors,    or     insolvency    proceedings,       signment  or  commencement  of  the  pro- 
wages  and  salary  to  the  extent  of  $100       ceedings.     C.  C.  P.  1204. 
are  preferred  claims  where  rendered 


For  Wages  on  Death  of  Employer. 
Upon  death  of  an  employer,  wages  not 

exceeding   $100     are    preferred    claims 
where  work  done,  or  services  rendered 

For  Wages  in  Attachment  or  Execution. 
Upon  levy  of  attachment  or  execu- 
tion, not  founded  on  a  claim  for  labor 
or  wages  for  services  rendered,  the 
debtor  must  be  paid  by  the  officer,  if 
undisputed,  and  the  claim  does  not  ex- 
ceed $100  where  the  services  were 
rendered, 

Denial   of   Claim. 

Denial  of  claim  for  wages  in  attach- 
ment or  execution  proceeding  must  be 
filed  by  the  debtor  or  creditor 

By  Mariners  in  Actions  Against  Vessels. 

The  claim  of  a  mariner  filed  in  at- 
tachment against  the  vessel  is  admitted, 
unless  contested 


within 
death. 


SIXTY   DAYS 

C.  C.  p.  1205. 


prior     to     such 


within  SIXTY  DAYS  prior  to  the  levy. 
C.  C.  P.  1206. 


within  FIVE  DAYS  after  receiving  a 
copy  of  the  statement.     C.  C.  P.  1207. 


within  FIVE  DAYS  after  notice  of  the 
filing  thereof.     C.  C.  P.  826. 


Preliminary  examination.     See  Postponement. 
Preliminary  injunction.    See  Injunction. 


1462 


HILLYER^S    LEGAL    MANUAL. 


Presentation  of  bill  of  exceptions.     See  Bill  of  Exceptions. 
Presentation   of   statement   on   appeal.     See   Appeal   from   Superior 

Court. 
Presumption  of  possession.     See  Adverse  Possession. 
Presumption  of  tenancy.     See  Tenancy. 
Prisoner,  support  of.     See  Arrest  and  Bail. 
Prisoners,  credits  to.     See  Credits  to  Prisoners. 
Private  sales.     See  Probate  Sales. 

PROBABLE  CAUSE. 

Presentation  of  Error  Where  No  Bill  of  Exceptions. 

If  a  bill  of  exceptions  is  not  settled  within  TWENTY  DAYS  after  judg- 
in  time  to  be  used  on  the  application  ment  is  entered,  the  error  relied  upon 
for  certificate  of  probable  cause,  or  may  be  presented  in  any  manner  satis- 

factory to  the  judge.     P.  C.  770. 

Probate  agent.    See  Unclaimed  Property. 


PROBATE  HOMESTEAD 

Possession  of  Widow  and  Children. 

Widow   and   children   are   entitled  to 
remain  in  possession  of  the  homestead 


UNTIL    LETTERS    ARE    GRANTED, 
AND  THE  INVENTORY  RETURNED. 

C.  C.  P.  1464. 


When  Set  Aside. 

Homestead  may  be  set  aside 


Notice  of  Hearing  Petition. 

Notice  of  hearing  of  petition  to  set 
aside  homestead  and  exempt  property, 

must  be  posted,  and  a  copy  mailed  to 
the  executor  or  administrator 


ON  RETURN  OF  THE  INVENTORY, 
OR  AT  ANY  SUBSEQUENT  TIME 

during     the     administration.     C.    C.    P. 
1465. 


at  least  TEN  DAYS  before  the  hearing. 
C.  C.  P.  1465a. 


From  Separate  Property. 

A  probate  homestead  selected  from 
the  separate  property  of  the  decedent, 
can  be  set  apart  only 

Notice  of  Hearing  Report  of  Appraisers. 
Notice  of  hearing  report  of  apprais- 
ers of  homestead    must  be  given 


FOR  A  LIMITED  PERIOD,  to  be  des- 
ignated in  the  order.     C.  C.  P.  1468. 


for    SUCH     TIME    AS    THE    COURT 
MAY  DIRECT.     C.  C.  P.  1478. 


TIME    TABLE. 


1463 


PROBATE  LEASE. 


Heaxing. 

Time  appointed  for  hearing  petition 
for  leave  to  lease  realty    must  be 

Order  to  Show  Cause. 

Order  to  show  cause  must  be  served 
personally 

Duration. 

A  probate  lease  must  not  be  longer 


not  less  than  TWO  WEEKS,  nor  more 
than  FOUR  WEEKS  after  the  order  to 
show  cause.     C.  C.  P.  1579,  subd.  1. 

at  least  TEN  DAYS,  or  published  for 
TWO  SUCCESSIVE  WEEKS  before  the 
hearing.     C.  C.  P.  1579. 

than  for  TEN  TEABS,  except  for  min- 
ing, in  which  case  it  may  be  for 
TWENTY  YEARS.     C.  C.  P.  1579. 


PROBATE  MORTGAGE. 

Hearing. 

Order  to  show  cause  on  application  not  less  than  FOUR,  nor  more  than 
to  mortgage  must  specify  time  of  hear-  TEN  WEEKS  thereafter.  C.  C.  P.  1578, 
ing  subd.  5. 

Service  and  Publication  of  Order  to  Show  Cause. 

Order  to  show  cause  must  be  served       at  least  TEN  DAYS  before  the  hear- 
personally  ing,   or  published  for  FOUR  SUCCES- 
SIVE WEEKS  before.     C.  C.  P.   1578, 
subd.  5. 


PROBATE  OF  ESTATES  UNDER  FIFTEEN  HUNDRED  DOLLARS. 

Notice  of  Hearing. 


Notice  of  hearing  petition  to  assign 
the  whole  of  an  estate  under  $1,500  for 

the  use  and  support  of  the  family  must 
be  set  for  hearing  by  the  clerk,  and 
notice  given  by  posting  or  publication 


for  at  least   TEN  DAYS  prior  to  the 
date  of  hearing.     C.  C.  P.  1469,  1634. 


PROBATE  OF  FOREIGN  WILLS 

Publication  of  Notice. 

Notice  of  time  and  place  of  proving 
foreign  will  must  be  published,  if  in  a 
weekly  newspaper, 


on  THREE  DIFFERENT  DAYS,  and  if 

in  a  newspaper  published  oftener  than 
once  a  week,  so  that  there  are  at  least 
TEN  DAYS  from  the  first  to  the  last 
publication,  both  included.  C.  C.  P. 
1303,  1323. 


1464 


hillyer's  legal  manual. 


Mailing  Notice. 

Notice  of  probate  of  foreign  will  must       at  least  TEN  DAYS  before  the  hearing. 
be  mailed  to  the  heirs  resident  of  the      C.  C.  P.  1303,  1323. 
state,  or  served  upon  them  personally, 


Hearing. 

Hearing  of  petition  for  proof  of  for- 
eign will    must  be 


not  less  than  TEN,  nor  more  than 
THIRTY,  DAYS  from  the  production  of 
the  copy  thereof.     C.  C.  P.  1303,  1323. 


PROBATE  OF  LOST  WILL. 

Notice  of  Probate. 

Notice   of   probate  of  lost  will  must       in  the  same  manner  as  in  proof  of  wills 
be  given  in    other    cases.     C.    C.    P.    1338.     See 

Probate  of  Wills. 


PROBATE  OF  NUNCUPATIVE  WILLS. 


When  Admitted. 

Nuncupative  wills  may  be  admitted 
to  probate  at  any  time 

Reduction  to  Writing. 

Testamentary  words  must  be  reduced 
to  writing 

Notice  of  Probate. 

Notice  must  be  given  in  the  same 
manner  as  required 

When  Admitted. 

Nuncupative  will  may  be  admitted  to 
probate 

Petition. 

Petition  for  probate  of  a  nuncupative 
will,  will  not  be  received  by  the  Su- 
perior Court  until  the  lapse  of 

Latest  Date  for  Offer  of  Proof. 

Proof  of  nuncupative  will  must  be 
offered 

Earliest   Date   for   Proof. 

Probate  of  nuncupative  will  must  not 
be  granted 


within   SIX  MONTHS   after   testamen- 
tary words  are  spoken.     C.  C.  P.  1344. 


within     thirty    days    after     they    are 
spoken.     C.  C.  P.  1344. 


in  the  probate  of  wills  in  general.     C. 
C.  P.  1344.     See  Probate  of  Wills. 


within   SIX  MONTHS  after  testamen- 
tary words  are  spoken.     C.  C.  P.  1344. 


TEN  DAYS  from  the  death  of  the  tes- 
tator.    C.  C.  P.  1345. 


within  SIX    MONTHS  after    speaking 
the  testamentary  words.     C.  C.  1290. 


for  FOURTEEN  DAYS  after  the  death 
of  the  testator.     C.  C.  1291. 


TIME   TABLE. 


1465 


PROBATE  OF  WILLS. 

Delivery  by  Custodian. 

Custodian  of  will  must  deliver  to  the       within  THIRTY  DAYS  after  informa- 
Superior  Court  tion  that  the  maker  is  dead.     C.  C.  P. 

1298. 
Petition  for  Probate. 

Petition  to  prove  a  will  may  be  made       AT  ANY  TIME  after  death  of  testator. 

C.  C.  P.  1299. 
Date  of  Hearing. 

Petition  for  probate  of  will  must  be       not    less    than    TEN,   nor    more    than 
set  for  hearing  THIRTY  DAYS  from  the  production  of 

the  will.     C.  C.  P.  1303. 


Publication  of  Notice  of  Petition  for  Probate. 


Notice  of  petition  for  probate  of  will 

must  be  published,  if  in  a  weekly  news- 
paper. 


Mailing  Notice  of  Probate. 

Copies  of  notice  of  time  appointed 
for  probate  of  will  must  be  mailed  to 
the  heirs  resident  of  the  state,  or  served 
personally 


on  THREE  DIFFERENT  DAYS;  if  in  a 

newspaper  published  oftener  than  once 
a  week,  there  must  be  at  least  TEN 
DAYS  from  the  first  to  the  last  day  of 
publication,  both  included.  C.  C.  P. 
1303. 


within  TEN  DAYS  before  the  hearing. 
C.  C.  P.  1304. 


When  Conclusive  on  Persons  Under  Disabilities. 

Probate  of  a  will  where  there  is  no       until  ONE  YEAR  after  their  respective 
contest    is   not    conclusive    on    infants      disabilities  are  removed.     C.  C.  P.  1333. 

and  persons  of  unsound  mind 

PROBATE  SALES. 

Perishable   Property. 

Order  for  sale  of  perishable  or  de-      WITHOUT  NOTICE.     C.  C.  P.  1522. 
predating  property  may  be  made 


Personal  Property — Petition  for  Order. 
Petition  for  order  of  sale  of  personal 
property   must  be  heard 


upon  FIVE  DAYS*  NOTICE. 
1523. 


C.  C.  P. 


Personal  Property- 
Public  sale  of  personal  property  must 
be  made 


Notice  of  Public   Sale. 

after  TEN  DAYS'  notice  by  posting  or 
publication.     C.  C.  P.  1526. 


1466 


HILLYER'S    LEGAL    MANUAL. 


Real  Property — Petition  to  Show  Family  Allowance. 

Petition   for   sale   of    real    property       for  ONE  YEAR. 

must  show  among  other  things  the 
amount  of  the  family  allowance  that 
will  be  due  after  the  order  therefor 
has  been  in  force 


C.  C.  P.  153: 


Real  Property — Hearing  of  Order  to  Show  Cause. 

Order  to  show  cause  why  sale  of  real  not  less  than  FOUR  nor  more  than  TEN 
estate  should  not  he  mad€  must  specify  WEEKS  from  the  time  of  making  the 
time  for  hearing,  order.     C.  C.  P.  1538. 


Real  Property — Order  to  Show  Cause. 

Order  to  show  cause  on  sale  of  real 
estate  must  be  served 


Real  Property — Notice  of  Sale. 

Notice  of  public  sale  of  real  property 
must  be  posted  and  published 

Real  Property — Notice  of  Private  Sale. 

Notice  of  sale  of  real  estate  at  pri- 
vate sale  must  be  posted  and  pub- 
lished 


at  least  TEN  DAYS  before  the  hearing, 
or  published  for  FOUR  SUCCESSIVE 
WEEKS,  unless  dispensed  with  by  writ- 
ten consent.     C.  C.  P.  1539. 

for  THREE  WEEKS  successively  next 
before  the  sale.     C.  C.  P.  1547. 


for  TWO  WEEKS  next  before  the  day 
on  or  after  which  the  sale  is  to  be 
made,  which  day  must  be  at  least 
FIFTEEN  DAYS  from  the  first  publi- 
cation of  notice.     C.  C.  P.  1549. 


Real  Property — Private  Sale  When  Made. 

Sale  of  real  estate  at  private  sale  within  SIX  MONTHS  after  the  date 
must  be  made  specified  in   the   notice    of   sale,   on   or 

after  which  the  sale  will  be  made.     C. 

C.  P.  1549. 

Real  Property — Private  Sale,  Where  Time  Shortened. 

Time  of  notice  of  private  sale  of  real  must  be  not  less  than  ONE  WEEK. 
estate,  when  shortened  by  order,  C.  C.  P.  1549. 

Real  Property — ^Where  Time  has  Been  Shortened. 

When  time  of  notice  of  sale  has  been  less  than  FIFTEEN,  but  not  less  than 
shortened,  the  sale  may  take  place  on  EIGHT,  DAYS  from  the  first  publica- 
or  after  a  day  tion  of  the  notice.     C.  C.  P.  1549. 


Return  of   Sale — Notice  of  Hearing. 

Notice  of  the  hearing  on  return  of 
sale  of  real  estate  must  be  by  post- 
ing or  publishing 


at   least   TEN  DAYS  before   the   hear- 
ing.    C.    C.    P.    1552. 


TIME    TABLE. 


1467 


Notice  of  Resale,  Where  Confirmation  Refused. 

Where    an    order    of   resale    is    made       Jis    IF    NO    PREVIOUS    SALE  HAD 
upon  refusal  to  confirm  prior  sale,  no-       TAKEN  PLACE.     C.  C.  P.  1552. 
tice  of  the  sale  must  be  given 

Real  Property — Resale. 

If    after  confirmation  the  purchaser      AFTER  NOTICE  to  the  purchaser.     C. 
refuses  to  comply  with  terms  of  sale,       C.  P.  1554. 
an  order  of  resale  may  be  made 

Real  Property — Postponement. 

Sale  of  real  proi>erty  may  he  post-       not   exceeding   THREE   MONTHS.     C. 
paned  by  the  executor  or  administrator        C.  P.  1557. 
from  time  to  time 


Return. 

Return  of  sale  must  be  made 


within  THIRTY  DAYS  after  the  sale. 
C.  C.  P.  1575. 


Probate  sales.    See  Statute  of  Limitations. 


PROBATE  SALES  (MINING  PROPERTY). 
Order  to  Show  Cause,  Service  and  Publicaticn. 


Order  to  show  cause  on  sale  of  min- 
ing interest    must  be  served  personally 


Hearing. 

Order  to  show  cause  why  mining  prop- 
erty or  mining  interest  should  not  he 
sold    must  be  heard 


at  least  EIGHTEEN  DAYS  before  the 
hearing,  or  published  at  least  FOUR 
SUCCESSIVE  WEEKS  before  the  hear- 
ing, unless  notice  is  dispensed  with  by 
written  consent.     C.  C.  P.  1531. 

not  less  than  FOUR  nor  more  than 
TEN  WEEKS  from  the  time  of  making 
the  order.     C.  C.  P.  1531. 


Order  to  Show  Cause — Time  of  Hearing. 

Order  to  show  cause  why  sale  of  not  less  than  TWO  nor  more  than 
mining  claim  should  not  be  made  must  FOUR  WEEKS  thereafter.  C.  C.  P. 
specify  a  time  of  hearing  1580. 

Order  to  Show  Cause — Service  and  Publication. 

Order  to  show  cause  must  be  person-  at  least  TEN  DAYS  before  the  hearing, 
ally   served  or  published  for  FOUR    SUCCESSIVE 

WEEKS.     C.  C.  P.  1580. 
Sale  Notice,  Report  and  Confirmation. 

After  the  order  of  sale  is  made  all 
further  proceedings  for  the  sale  of  min- 
ing property  and  for  the  notice,  report 
and  confirmation  thereof  must  be  in 
conformity  with  the  provisions  for  the 


sale  of  real  estate  in  probate.  C.  C.  P. 
1533.  See  Probate  Sales  (Real  Prop- 
erty). 


1468 


HILLYER  S    LEGAL    MANUAL. 


PROBATION. 

Suspension  of  Sentence. 

The  court  may  suspend  sentence  for  maximum  possible  term  of  the  sen- 
the  purpose  of  probation,  for  a  period  tence,  or  where  the  maximum  possible 
not  exceeding  the  term  is  less  than   two  years,  for     not 

exceeding  TWO  YEARS,  or  where  the 
offense  consists  of  omitting  to  sup- 
port wife  or  child  under  270  or  270a  of 
the  Penal  Code,  not  exceeding  FIVE 
YEARS.     P.  C.  1203. 

Revocation  or  Modification  of  Suspension. 

The  court  may  revoke  or  modify  sus-  at  any  time  during  the  term  of  pro- 
pension 


bation.     P.  C.  1203. 


Report  by  Probation  Oflacer. 

The  probation  oflacer  must,  if  re- 
quired by  the  court,  file  a  report  as  to 
the  antecedents,  character,  history,  fam- 
ily environment  and  offenses  of  the  de- 
fendant 


at  the  time  of  plea  or  verdict  of  guilty. 
P.  C.  1203. 


Semi-annual  Reports  by  Probation  Oflacer. 

Probation  officers  must  report  to  the 
Superior  Court 


Rearrest. 

A  person  released  on  probation  may 
be  rearrested  without  warrant 


within  FIFTEEN  DAYS  after  the  30th 
of  June,  and  within  FIFTEEN  DAYS 
after  the  30th  of  December.     P.  C.  1203. 


at   any  time   during    the    probationary 
term.     P.  C.  1203. 


Placing  Under  Care  of  Probation  Oflacer. 

Defendant  over  sixteen  years  of  age  forthwith  placed  under  the  care  of  the 

who  has  been  placed  on  probation,  must  probation  officer  until  the  expiration  of 

be  the  period  of  probation.     P.  C.  1215. 

PROCEDENDO. 

Demurrer  or  Answer  in  Supreme  Court. 

'^The   respondent     may   make     return,  RETURN  DAY  of  the  alternative  writ, 

either  by  demurrer  or  by  answer,  or  by  Eule  XXVI,  subd.  3. 
both,  upon  the 


Stay  of  Proceedings. 

When  an  application  is  made  for  an 
alternative  writ,  an  order  staying  the 
proceedings  of  any  court  or  officer,  until 
the  return  of  the  writ,  will  not  be  made 


unless  DUE  NOTICE  of  the  application 
for  the  writ  shall  have  been  given  to 
all  the  parties  interested  in  the  pro- 
ceedings.    Rule  XXVI,  subd.  4. 


TIME    TABLE. 


1469 


PROCEEDINGS  TO  DETERMINE  HEIRSHIP 

Filing  Petition. 

Petition    to    determine    heirship   may 
be  filed  at  any  time 


after  the  expiration  of  ONE  YEAR 
from  the  issuance  of  letters.  C.  C.  P. 
1664. 


Hearing. 

Hearing  of  petition  to  determine  heir- 
ship must  be 

Service  of  Order  to  Show  Cause. 

Order  to  show  cause  on  petition  to  de- 
termine heirship^  must  be  served 

Contest — Complaint. 

Persons  appearing  to  contest  heirship 
may  file  complaint 


Service  of  Complaint. 

Parties  on  whom  complaint  to  deter- 
mine heirship  is  served    may  plead 

Proceedings  to  determine  heirship, 

perior  Court. 
Process.    See  Service  of  Process. 


not  less  than  SIXTY  DAYS  nor  over 
FOUR  MONTHS  from  the  date  of  the 
order  to  show  cause.     C.  C.  P.  1664. 

IN  THE  SAME  MANNER  AS  SUM- 
MONS in  a  civil  action.     C.  C.  P.  1664. 


within  TWENTY  DAYS  after  date  of 
the  order  establishing  proof  and  ser- 
vice, and  serve  the  same  on  the  parties 
who  have   appeared.     C.   C.  P.   1664. 

within  TWENTY  DAYS  after  the  ser- 
vice thereof.     C.  C.  P.  1664. 

appeal  in.     See  Appeal  from  Su- 


PROHIBITION. 

Hearing  and  Return. 

Writ  of  prohibition  may  be  made  re-       at  any  time.     C.  C.  P.  1108. 
turnable  and  hearing  had  thereon 


Demurrer  or  Answer  in  Supreme  Court. 

The  respondent  may  make  return, 
either  by  demurrer  or  by  answer,  or  by 
both,  upon  the 

Stay  of  Proceedings. 

When  an  application  is  made  for  an 
alternative  writ,  an  order  staying  the 
proceedings  of  any  court  or  officer,  until 
the  return  of  the  writ,  will  not  be  made 


RETURN  DAY  of  the  alternative  writ. 
Rule  XXVI,  subd.  3. 


unless  DUE  NOTICE  of  the  application 
for  the  writ  shall  have  been  given  to  all 
the  parties  interested  in  the  proceed- 
ings.    Eule  XXVI,  subd.  4. 


Proof  of  annual  labor.     See  Mining. 
Proof  of  ownership.     See  Lost  Property. 
Proposed  amendments  to  proposed  bill  of  exceptions, 
ceptions. 


See  Bill  of  Ex- 


1470  hillyer's  legal  manual. 

Proposed  amendments  to  proposed  statement  on  appeal.     See  Appeal 

from  Superior  Court. 
Proposed  bill  of  exceptions.     See  Bill  of  Exceptions. 
Proposed  statement  on  appeal.     See  Appeal  from  Superior  Court. 

PROXIES. 

Duration. 

Every  proxy  must  be  for  some  limited  period,  and  in  no  case 

to   exceed   SEVEN    YEARS    from   the 
,  date  of  the  execution  of    such    proxy. 

C.  C.  321b. 

PUBLIC  ADMINISTRATOR. 

Notice  of  Death  of  Stranger. 

When  a  stranger  dies  without  known      IMMEDIATE  NOTICE.     C.  C.  P.  1728- 
heirs  in  the   house  or  premises   of   an- 
other, anyone  knowing  the  facts  must 
give  the  public   administrator 

Semi-annual  Return. 

Public  administrator  must  make  re-       once   every  SIX    MONTHS.     C.   C.   P. 

turn  of  all   estates   which    have   come       1736-1739. 
into  his  hands 

Proceedings  Against  for  Nonpayment  of  Unclaimed  Moneys.  ' 

The  district    attorney  must  institute       within  TEN  DAYS  after  the  order  of 
proceedings   against   a   public    adminis-       the  court  is  made.     C.  C.  P.  1740. 
trator  who  fails  to  turn  over  unclaimed 
moneys 

PUBLICATION  OF  NOTICES. 
In  Probate. 

When  any  publication  is   ordered  it       as   often   during  the  prescribed   period 
must  be  made  daily  or  otherwise  as  the  paper  is  published  unless  other- 

wise prescribed  by  law  or  the  order  of 
the  court.     C.  C.  P.  1705. 

Publication  of  summons.     See  Summons. 

PUBLIC  LANDS. 

Petition  to  Determine  Heirs  of  Applicant  to  Purchase  Public  Lands. 

Notice  of   hearing   petition  to  estab-       at  least  TEN  DAYS  prior  to  the  day  of 
lish  heirs  of  applicant  for  public  land       hearing.     C.  C.  P.  1724. 
must  be  given  by  posting 

Public  moneys,  embezzlement  of.     See  Statute  of  Limitations. 
Public  records,  falsifications  of.     See  Statute  of  Limitations. 


TIME   TABLE.  1471 

Public  reservation,  commencement  of  construction  on.    See  Appropria- 
tion. 
Public  sales.     See  Probate  Sales. 
Punishment.     See  Felony. 
Punishment.     See  Misdemeanor. 
Punishment  for  contempt.     See  Contempt. 

PURCHASER  FROM  HEIR. 

Conveyance,    When    Conclusive. 

Eights  of  a  purchaser  of  real  prop-       within    FOUR    YEARS    after    the  de- 
erty  from  an  heir  are  not  impaired  by       visor's  death.     C.  C.  1364. 
devise    made    by    the    decedent,    unless 
the  will  is  duly  proved,  or  written 

Purchasers  of  state  lands.    See  Foreclosure  (of  Delinquent  Purchasers 
of  State  Lands). 

Quiet  enjoyment.    See  Damages. 

QUO  WARRANTO. 

Arrest  and  Bail. 

Where  order  is  made  for  arrest  of  in  the  same  manner  as  in  other  civil 
defendant,  he  may  be  arrested  and  held  actions.  C.  C.  P.  804.  See  Arrest  and 
to  bail  Bail. 

Quo  warranto.    See  Statute  of  Limitations. 

Railroad  companies.    See  Eminent  Domain. 
Raised  check.    See  Statute  of  Limitations. 
Real  property.    See  Adverse  Possession. 
Real  property.    See  Probate  Sales. 
Real  property.    See  Statute  of  Limitations. 
Rearrest.     See  Probation. 

Receiver,  order  appointing,  appeal  from.    See  Appeal  from  Superior 
Court. 

RECEIVERS. 

Undertaking. 

If  receiver  is  appointed  ex  parte  the       BEFORE  MAKING  THE  ORDER.     C. 

court  must  require  undertaking  C.  P.  556. 

Additional  Undertaking. 

If  receiver  is  appointed  ex  parte  the      AT     ANY    TIME    after    making  AF- 
court  may  require  additional  undertak-      POINTMENT.     C.  C.  P.  556. 
ing 

Receivers  for  escheated  estates.    See  Escheated  Estates. 


1472 


hillyer's  legal  manual. 


RECESS. 
Of  Legislature. 

After   the  first  session   of  the  legis-      THIRTY  DAYS.     Const.,  art.  4,  sec.  2. 
lature,    a   recess    of   both   houses   must 
be  taken  for  not  less  than 

RECORD. 

Of  Criminal  Action,  Filing. 

Record  of  action  must  be  filed  by  the       within  FIVE  DAYS  after  entry  of  judg- 
clerk  ment  or  conviction.     P.  C.  1207. 

Recording  trademark.     See  Trademark. 

Record,  transmission  of.     See  Appeal  to  Superior  Court. 

Record,  transmission  of  in  criminal  cases.     See  Appeal  from  Superior 

Court  in  Criminal  Cases. 
Records.    See  Restoration  of  Court  Records. 
Records.    See  Restoration  of  Records  (Corporate). 
Recovery  of  stock.     See  Statute  of  Limitations. 

REDEMPTION. 

Leasehold  Interest. 

Tliere  is  no  redemption  of  real  prop-       is  less  than  a  leasehold  of  TWO  YEARS 
erty    from     execution    sale    where     the       unexpired  term.     C.  C.  P.  700a. 
estate 


Redemption  Period. 

Where  property  is  sold  subject  to  re- 
demption, it  may  be   redeemed 

Re-redemption. 

Where  property  has  been  redeemed  by 
the  redemptioner,  it  may  be  acquired 
by  another  redemptioner 

Redemptioner  Entitled  to  Rents. 

Redemptioner  of  property  sold  under 
execution  sale  is  entitled  to  the  rents 
and  profits  thereof 

Statement  of  Rents. 

Where  judgment  debtor  or  redemp- 
tioner demands  statement  of  rents  and 
profits  received  before  expiration  of 
the  time  set  for  redemption,  the  period 
for  redemption  is  extended 


within  TWELVE    MONTHS  after  the 
sale.     C.  C.  P.  702. 


within  SIXTY  DAYS  after  the  last  re- 
demption.    C.  C.  P.  703. 


FROM  THE  TIME  OF  REDEMPTION 
UNTIL   RE-REDEMPTION.     C.    C.    P. 

707. 


FIVE  DAYS  after  sworn  statement  is 
given  by  the  purchaser  or  his  assigns. 
C.  G.  P.  707. 


TIME    TABLE. 


1473 


Action  for  Accounting. 

Redemptioner  or  judgment  debtor 
may  bring  an  action  to  compel  an  ac- 
counting of  rents  and  profits  where  pur- 
chaser fails  to  give  statement 


for  ONE  MONTH  after  demand. 
P.   707. 


c.  c. 


Where  Action  Brought  to  Compel  Accounting  for  Rents. 

Where  action  is  brought  to  compel 
accounting  of  rents  and  profits  by 
judgment  creditor,  or  his  assigns,  the 
right  of  redemption  is  extended 


until  FIFTEEN  DAYS  after  final  de- 
termination   of   such   action.     C.   C.   P. 

707. 


Redemption  of  Corporate  Franchise. 

Redemption   from    sale    of    .corporate 
franchise  under  execution  may  be  had 


as  in  the  case  of  redemptions  from 
sales  of  real  estate  on  execution.  C. 
C.  392. 

Redemptioner.     See  Sheriff's  Deed. 

Redemption  from  execution  sales.     See  Execution  Sales. 

Redemption  of  mortgage.     See  Statute  of  Limitations. 

Redirect  interrogatories.     See  Depositions. 

Reduction  of  bail.     See  Arrest  and  Bail. 

Reduction  of  nuncupative  will  to  writing.     See  Nuncupative  Wills. 

Re-entry.     See  Landlord  and  Tenant. 

Referee,  findings  of.     See  Decision. 

Referee  in  partition,  order  upon  report  of,  appeal  from.    See  Appeal 

from  Superior  Court. 
Referee,  presentation  of  bill  of  exceptions  to.     See  Bill  of  Exceptions. 
Referee's  report.     See  Partition. 


REFERENDUM. 


Filing  Petition. 

Referendum  petition  must  be  filed 
within 

Petition  Wlien  Examined. 

Referendum  petition  shall  be  exam- 
ined by  the  clerk  or  registrar  of  voters, 
within 

Supplemental  Petition. 

Supplemental      referendum      petition 
shall  be  examined  by  the  clerk  or  reg- 
istrar of  voters,  within 
93 


NINETY  DAYS  after  final  determina- 
tion of  the  legislature.  Const.,  art.  4, 
sec.  1. 

TWENTY  DAYS  after  the  filing  of  the 
same.     Const.,  art.  4,  sec.  1. 


TEN 

same. 


DAYS   after  the 
Const.,   art.   4,   s< 


filing   of 
I.   1. 


the 


1474  hillyer's  legal  manual. 

When  Submitted. 

Referendum     petition     must   be    sub-       THIRTY  DAYS  after  the  filing  of  the 
Aiitted  at  the  next  succeeding  general       petition.     Const.,  art.  4,  sec.  1. 
election  subsequent  to 

Registry  of  marriage.     See  Marriage. 
Rehearing.     See  Appeal  from  Superior  Court. 
Rejected  claims.     See  Statute  of  Limitations. 
Release  of  attachment.     See  Attachment. 
Relief.     See  Opening  Default. 
Relief  from  forfeiture.     See  Unlawful  Detainer. 
Religious  corporation.     See  Mortgage  by  Religious  or  Benevolent  Cor- 
poration. 
Remittitur.     See  Appeal  from  Superior  Court. 
Removal  of  disability.     See  Statute  of  Limitations. 
Removal  of  guardian.     See  Guardianship. 

REMOVAL  OF  TRIAL. 

Service  of  Application. 

Application  for  removal  of  the  trial       at  least  ONE  DAY  prior  to  the  hear- 
must   be   served  upon  the   District  At-       ing.     P.   C.   1034. 
torney 

Transfer  of  Custody  of  Defendant. 

Where     defendant    is    imprisoned    at       FORTHWITH.     P.  C.  1037. 
the  time  the  application  for  removal  is 
granted,   the   sheriff  must   remove    him 
to    the    custody    of    the    sheriff    of    the 
county  to  which  the  action  is  removed 

Removal  of  trial.     See  Change  of  Place  of  Trial. 

Renewal  of  execution.     See  Execution. 

Rents.     See  Execution  Sales. 

Rents,  action  for  accounting.     See  Redemption. 

Rent,  when  payable.     See  Tenancy. 

Renunciation  of  right  to  letters  testamentary.     See  Executors. 

Replevin.     See  Claim  and  Delivery. 

Replevin.     See  Statute  of  Limitations. 

Reply  brief.     See  Appeal  from  Superior  Court. 

Reply  brief  in  criminal  cases.     See  Appeal  from  Superior  Court  in 

Criminal  Cases. 
Report  of  appraisers.     See  Probate  Homestead. 
Report  of  commissioner.     See  Foreclosure  (of  Mortgages). 
Report  of  probation  officer.     See  Probation. 
Request  for  special  notice.     See  Administrators. 
Request  for  special  notice.     See  Guardianship. 


TIME   TABLE. 


1475 


Re-redemption.     See  Redemption. 
Resale.     See  Probate  Sale. 
Residence.     See  Sole  Traders. 
Resignation  of  trustees.     See  Trustees. 


RESTORATION  OF  COURT  RECORDS. 

Notice. 

Eestoration  of  court  records  may  be 


made 


UPON  NOTICE,  as  provided  in  sections 
1010  and  1017  inclusive  of  the  Code  of 
Civil  Procedure.  Stats.  1906,  p.  76,  sec.  2. 


RESTORATION  OF  RECORDS— CORPORATE. 

Hearing. 

On  petition  for  restoration  of  lost  TWENTY-FIVE  nor  more  than 
records  of  a  corporation,  the  time  and  THIRTY  DAYS  from  the  completion  of 
place  of  hearing  must  not  be  less  than       publication  of  notice.     C.  C.  365. 


Publication  of  Notice  of  Hearing. 

Notice  of  such  hearing  must  be  pub- 
lished daily  for 


Service  of  Notice. 

Copy  of  notice  must  be  served  per- 
sonally, or  where  place  of  business  or 
residence  is  unknown,  mailed  to  the 
county  seat 

Mailing   Notice   to   Stockholders. 

Copy  must  be  mailed  to  stockholders 
and  the  persons  affected,  whose  place 
of  business  or  place  of  residence  are 
known, 


THREE  successive  WEEKS,  or  if  there 
is  no  daily  paper,  ONCE  a  WEEK  for 
THREE  successive  weeks  in  a  weekly 
newspaper.     C,  C.  365. 


within  FORTY-EIGHT    HOURS 

filing  the  petition.     C.  C.  365. 


after 


within  FORTY-EIGHT    HOURS    after 
the  filing  of  the  petition.     C.  C.  365. 


Restoration  of  title.    See  McEnemey  Actions. 

Restraining  order.     See  Injunction. 

Retaxing  costs.     See  Costs. 

Return  of  execution.     See  Execution. 

Return  of  sale.     See  Probate  Sales. 

Return  of  sale.     See  Revocation  of  Letters. 

Return  of  summons  against  joint  debtor.     See  Summons. 

Return  on  attachment.     See  Attachment. 

Reversal  of  judgment,  new  action  after.    See  Statute  of  Limitations. 

Review  of  corporate  elections.     See  Elections  (Corporate). 


1476  hillyer's  legal  manual. 

REVOCATION  OF  LETTERS. 

For  Failure  to  File  Inventory. 

The  court  may  revoke  the  letters  of       UPON  NOTICE.     C.  C.  P.  1450. 
executor    or    administrator    for   failure 
to  file  inventory  in  time 

For  Failure  to  Give  Notice  to  Creditors. 

If  executor  or  administrator  neglects       for  TWO  MONTHS    after  his  appoint- 
to  give  notice  to  creditors  ment,  the  court  must  revoke  his  letters. 

C.  C.  P.  1511. 
For  Failure  to  Return  Sale. 

Letters  of  administrator  or  executor       on  ONE  DAY'S  notice.     C.  C.  P.  1575. 
may  be  revoked  for  neglect  to  make  re- 
turn of  sale  or  attachment  may  issue 

For  Contempt. 

Letters     of     an     Administrator     or  WITHOUT  NOTICE  where  he  remains 

guardian  committed  for  contempt    may  in    custody   for   THIRTY   DAYS   vrith- 

be  revoked  out  obeying  the  order.     C.   C.  P.  1721. 

Revocation  of  letters  for  failure  to  account.    See  Accounts  Probate. 

Right  to  convey.     See  Damages. 

Riot,  damage  by.    See  Statute  of  Limitations. 

Ruling  after  judgment.    See  Bill  of  Exceptions.  , 

Salary  of  judge.    See  Decision. 

Sale  by  commissioners.    See  Foreclosure  (of  Mortgages). 

Sale  by  guardian.     See  Guardian's  Sales. 

Sale  by  holder  of  special  lien.     See  Special  Liens. 

Sale  by  pledgee.    See  Pledgee 's  Sale. 

Sale  in  bulk.     See  Stock  in  Trade. 

Sale  in  partition.     See  Partition  Sales. 

Sale  of  escheated  estates.    See  Escheated  Estates. 

Sale  of  personal  property.    See  Execution  Sales. 

Sale  of  unclaimed  property.     See  Unclaimed  Property. 

Sale  to  satisfy  lien  on  animal.     See  Liens  on  Animals. 

Sale  under  execution.     See  Execution  Sales. 

Savings  and  loan  associations.    See  Dismissal. 

SEARCH-WARRANT. 

Service. 

Search-warrant  must  be  served  in  the       at  any  time  of  the  day  or  night.     P.  C. 
daytime,    unless    the    magistrate    insert       1503. 
direction  that  it  be  served 


TIME   TABLE. 


1477 


Execution  and  Return. 

Search-warrant  must  be  executed  and       within  TEN  DAYS  after  its  date.     P. 
returned  C.  1534. 

Inventory. 

Inventory  of  the  property  taken  un-       returned  forthwith.     P.  C.  1537. 
der  a  search-warrant    must  be 

Security  for  costs.     See  Costs. 

Security  to  pay  costs.    See  Malicious  Prosecution. 

Seduction.    See  Statute  of  Limitations. 

Seisin.    See  Adverse  Possession. 

Seisin.    See  Damages. 

SENTENCE. 


In  Criminal  Cases. 

After  a  plea  or  verdict  of  guilty,  the 
court  must  appoint  a  time  for  pro- 
nouncing judgment,  which  must  not  be 
less  than 


Statement  of  Views. 

The  judge  and  district  attorney  must 
file  with  the  clerk  of  the  court  a  brief 
statement  of  their  views  respecting  the 
person  convicted,  and  the  crime  com- 
mitted 

Filing  Testimony. 

A  copy  of  the  testimony  taken  by 
the  court  for  the  purpose  of  deter- 
mining the  proper  punishment  must  be 
filed  with  the  clerk  and  mailed  to  the 
warden 

Arrest  of  Defaulting  Defendant. 

Where  defendant  fails  to  appear  for 
judgment,  the  court  may  direct  the 
clerk  to  issue  a  bench  warrant  for  his 
arrest,  and  the  clerk,  on  the  applica- 
tion of  the  district  attorney,  may  issue 
the  same 


TWO  nor  more  than  FIVE  DAYS  after 
the  verdict  or  plea,  provided  the  court 
may  extend  the  time  not  more  than 
TEN  DAYS  for  the  purpose  of  hearing 
and  determining  any  motion  for  a  new 
trial,  or  in  arrest  of  judgment,  and  not 
more  than  TWENTY  DAYS  where  the 
question  of  probation  is  considered,  and 
if  there  is  reasonable  ground  for  be- 
lieving defendant  insane,  until  the 
question  of  insanity  has  been  heard 
and  determined.     P.  C.  1191. 

within  THIRTY  DAYS  after  judgment 
has  been  pronounced.     P.  C.  1192a. 


within  THIRTY  DAYS  after  judgment 
has  been  pronounced.     P.  C.  1192a. 


ANY    TIME     THEREAFTER. 

1195,  .1196. 


P.     C. 


1478 

Rendition  in  Justice's  or  Police  Court. 

After   conviction   judgment    must   be       TWO  DAYS,  nor  less  than  SIX  HOURS 
rendered  within  not  more  than  after     the    verdict,    unless     defendant 

waive  the  postponement.     P.  C.  1449. 

Sentence,  suspension  of.     See  Probation. 
Service  of  notices.     See  Notices. 

SERVICE  OF  PROCESS. 

Exemption  of  Members  of  Legislature. 

Members   of   the    legislature    are    ex-       FIFTEEN  DAYS  subsequent  and  prior 
empt  from  civil  process  for  to  the  commencement   of  each  session. 

Const.,  art.  4,  sec.  11. 

Upon  Insurance  Commissioner. 

Where  notice,  summons  or  process  is       SIXTY  DAYS  after  the  delivery  to  the 
served     upon    the    Insurance     Commis-       Insurance  Commissioner.     Pol.  C.  616. 
sioner,  the   service  is   complete   at   the 
end  of 

Insurance  Commissioner  to  Transmit  Copy. 

When  service  of  notice,  proof  of  loss,       within  TEN  DAYS  thereafter.     Pol.  C. 
summons,    or    other     legal     process    is       616. 
made  upon  the  Insurance  Commissioner, 

he  must  transmit  a  copy  thereof  to  the  , 

company  at  its  home  oflBLce 

Service  of  process.     See  Claim  and  Delivery. 

Service  of  summons.     See  Summons. 

Services.     See  Preferred  Claims. 

Sessions  of  legislature.     See  Legislature. 

Settlement  of  bill  of  exceptions  in  criminal  cases.     See  Appeal  from 

Superior  Court  in  Criminal  Cases. 
Sheriff,  action  against.     See  Statute  of  Limitations. 

SHERIFF'S  DEED. 

To  Bedemptioner. 

Where  property  has  been  sold  under       SIXTY   DAYS   have  elapsed   since   his 
execution    sale    and     redeemed    by    the       redemption,    and    TWELVE    MONTHS 
redemptioner,    and    no   subsequent     re-       since  the  sale.     C.  C.  P.  703. 
demption  has  been  made,  he  is  entitled 
to  the  sheriff's  deed,  provided 

Sheriff's  deed.     See  Execution  Sales. 

Sheriff's  liability  for  escape.     See  Arrest  and  Bail. 

Slander.    See  Statute  of  Limitations. 


TIME    TABLE. 


1479 


SOLE  TRADER. 

Residence. 

Application  of  married  woman  to  be-       for  SIX  MONTHS  next  preceding  the 
come  sole  trader    must  be  made  to  the        application.     C.  C.  P.  1811. 
Superior  Court  in  the  county  in  which 
she  has  resided 


Notice  of  Intention. 

Notice  of  intention  to  make  applica- 
tion to  become  a  sole  trader  must  be 
published 

Filing  Petition.    . 

Petition  to  become  a  sole  trader  must 
be  filed 

Opposition  to  Application. 

Opposition  to  an  application  for  sole 
tradership    may  be  filed 


ONCE  A  WEEK  for  FOUR  SUCCES- 
SIVE WEEKS.     C.  C.  P.  1812. 


TEN  DAYS  prior  to  the  day  named  in 
the  notice  of  intention.     C.  C.  P.  1813. 


AT  ANY  TIME  prior  to  the  day  named 
in  the  notice.     C.  C.  P.  1815. 


SPECIAL  ADMINISTRATORS. 

Appointment. 

Appointment  of  special  administrator       AT  ANY  TIME  and  without  notice, 
may  be  made  C.  P.  1412. 


C. 


SPECIAL  LIENS. 


Sale. 

Persons  holding  special  liens  upon 
personal  property  may  sell  said  prop- 
erty if  the  amount  due  be  not  paid 

Notice  of  Sale. 

Such  lienholder  must  give  at  least 
ten  days'  previous  notice  by  advertis- 
ing, or  if  no  newspaper,  by  posting 


within  TWENTY  DAYS  after.the  same 
shall  become  due.     C.  C.  2052. 


for  TEN  DAYS.     C.  C.  3052. 


Special  notice.     See  Guardianship. 

Special  order  made  after  final  judgment,  appeal  from.     See  Appeal 

from  Superior  Court. 
Special  session.     See  Election  Contests. 
Specific  performance.     See  Statute  of  Limitations. 
State,  actions  by.     See  Statute  of  Limitations. 
State  hospital.     See  Statute  of  Limitations. 
State  lands.     See   Foreclosure    (of  Delinquent   Purchasers   of   State 

Lands) . 
Statement  of  account.     See  Accounts,  Probate. 


1480 


HILLYER  S    LEGAL    MANUAL. 


Statement  of  date  of  publication.     See  Notice  to  Creditors. 

Statement  of  facts.     See  Pardon. 

Statement  of  rents.     See  Redemption. 

Statement  of  views.     See  Sentence. 

Statement  on  appeal.     See  Appeal  from  Superior  Court. 

Statement  on  appeal  from  motion  for  new  trial  on  minutes.  See  Ap- 
peal from  Superior  Court. 

Statement  on  appeal  in  criminal  cases.  See  Appeal  to  Superior  Court, 
Criminal  Cases. 

Statement  on  appeal  on  questions  of  law.  See  Appeal  to  Superior 
Court. 

Statement  on  motion  for  a  new  trial.     See  New  Trial. 


STATUTE  OF  LIMITATIONS 

Real  Property — Suit  by  State. 

The  people  of  the  state  will  not  sue 
in  respect  to  real  property,  by  reason  of 
the  right  or  title  of  the  people  to  the 
same,  unless  such  right  or  title  shall 
have  accrued 


within  TEN  YEARS  before  any  action 
or  proceeding  for  the  same  is  com- 
menced, or  the  people  or  those  from 
whom  they  claim  shall  have  received 
the  rents  and  profits  of  such  real  prop- 
erty, or  some  part  thereof,  within  TEN 
YEARS.     C.  C.  P.  315. 


Real  Property — Void  Letters  Patent  or  Grants. 


When  letters  patent  or  grants  of  real 
property  issued  or  made  by  the  people 
of  the  state  are  declared  void  by  the  de- 
termination of  a  competent  court,  ac- 
tion for  the  recovery  of  the  property 
may  be  brought  by  the  people,  or  subse- 
quent patentees  or  grantees  of  the  prop- 
erty, their  heirs  or  assigns. 


within  FIVE  YEARS  after  such  deter- 
mination, but  not  after  that  period.  C. 
C.  P.  317. 


Real  Property,  Removal  of  Disability. 

Where  time  to  commence  or  defend 
an  action  or  make  entry  is  extended  by 
reason  of  disability  of  a  party  at  the 
time  title  accrues,  the  action  must  be 
commenced  or  entry  or  defense  made 


within  FIVE  YEARS  after  the  disabil- 
ity ceases.     C.  C.  P.  328. 


TIME   TABLE. 


1481 


Eeal  Property,  Death  of  Person  Under  Disability. 


Where  person  is  under  disability  at 
the  time  title  accrues,  and  dies  while 
under  disability,  action  in  respect  to 
real  property  on  entry  thereon  or  de- 
fense thereto,  must  be  commenced  or 
made 


witliin  FIVE  YEARS  after  death  of 
the  person  under  such  disability.  C.  0. 
P.  328. 


Real  Property — Disability  of  Minor,  Insane  Person  or  Convict. 


Where  time  to  commence  or  defend 
an  action  in  respect  to  real  property 
or  make  an  entry  is  extended  by  reason 
of  disability  of  the  party  at  the  time 
title  accrues,  the  period  of  disability 
may  not  exceed 

Judgment — Decree. 

Action  upon  a  judgment  or  decree  of 
any  court  of  the  United  States,  or  of 
any  state,  must  be  brought 

Mesne  Profits  of  Real  Property. 

An  action  for  the  recovery  of  mesne 
profits  of  real  property  must  be 
brought 


TWENTY  YEARS.     C.  C.  P.  328. 


within    FIVE    YEARS. 
subd.  1. 


within    FIVE    YEARS. 
subd.  2. 


C.   C.  P.   336, 


C.  C.    P.  336, 


Written  Instrument — Contract — Obligation — ^Liability. 


Action  upon  any  contract,  obligation 
or  liability  founded  upon  an  instrument 
in  writing  executed  within  this  state, 
must  be  brought 

Balance  of  Account. 

An  action  to  recover  a  balance  upon 
a  mutual,  open  and  current  account, 
must  be  brought 

Liability  Created  by  Statute. 

An  action  upon  a  liability  created  by 
statute,  other  than  a  penalty  or  for- 
feiture, must  be  brought 

Book  Accounts. 

An  action  to  recover  a  balance  upon 
an  open  book  account   must  be  brought 

Trespass — Real  Property. 

An  action  for  trespass  upon  real 
property    must  be  brought 


within  FOUR  YEARS  from  the  time 
when  the  cause  of  action  accrued.  C. 
C.  P.  337,  subd.  1. 


within  FOUR  YEARS  from  the  time  of 
the  last  item  proved  in  the  account  on 
either  side.     C.  C.  P.  337,  subd.  2,  344. 


within  THREE  YEARS  from  the  time 
when  the  cause  of  action  accrued.  C. 
C.  P.  338,  subd.  1. 


within    FOUR    YEARS.     C.  C.  P.  337, 

subd.  2. 


within  THREE  YEARS  from  the  time 
when  the  cause  of  action  accrued.  C. 
C.  P.  338,  subd.  2. 


1482 


HILLYER*S    LEGAL    MANUAL. 


Trespass — Replevin — Personal  Property. 
An  action  for  taking,  detaining  or 
injuring  goods  and  chattels,  or  for  spe- 
cific recovery  of  personal  property,  must 
be  brought 

Conversion. 

Action  for  damages  for  conversion  of 
personal  property  must  be  brought 

Fraud. 

Action   for   relief   on   the   ground   of 
fraud    must  be  brought 

Mistake. 

Action    for   relief   on   the   ground    of 
mistake    must  be  brought 


within  THREE  YEARS  from  the  time 
when  the  cause  of  action  accrued.  C. 
C.  P.  338,  subd.  3. 


within  THREE  YEARS  from  the  time 
the  cause  of  action  accrued.  C.  C.  P. 
338,  subd.  3. 

within  THREE  YEARS  after  the  dis- 
covery of  the  facts  constituting  the 
fraud.     C.  C.  P.  338,  subd.  4. 

within  THREE  YEARS  after  the  dis- 
covery of  the  facts  constituting  the 
mistake.     C.  C.  P.  339,  subd.  4. 


Contract — Obligation — Liability — Not  in  Writing. 

Action  upon  a  contract,  obligation  or  w^ithin  TWO  YEARS  from  the  time  the 
liability  not  founded  on  an  instrument  cause  of  action  accrued.  C.  C.  P.  339, 
in  writing,  must  be  brought  subd.  1. 


Instrument  Executed  Out  of  the  State. 

An  action  upon  an  instrument  in  writ- 
ing executed  out  of  the  State  must  be 
commenced 


within  TWO  YEARS  from  the  time  the 
cause  of  action  accrued.  C.  C.  P.  339, 
subd.  1. 


Action  Against  Sheriff  for  Money  Collected  on  Execution. 

An  action  against  a  sheriff  for  the  within  TWO  YEARS  from  the  time 
nonpayment  of  money  collected  upon  when  the  cause  of  action  arose.  C.  C. 
an  execution    must  be  commenced  P.  339,  subd.  2. 

Action  Against  Coroner  for  Money  Collected  on  Execution. 

An  action  against  a  coroner  for  the  within  TWO  YEARS  from  the  time 
nonpayment  of  money  collected  upon  when  the  cause  of  action  arose.  C.  C. 
an  execution    must  be  commenced  P.  339,  subd.  2. 


Action  Against  Sheriff. 

An  action  against  a  sheriff  upon  a 
liability  incurred  by  doing  an  act  in  his 
official  capacity,  or  by  omission  of  an 
oflficial  duty,  except  an  action  for  an 
escape,  must  be  commenced 


within  TWO  YEARS  from  the  time 
when  the  cause  of  action  arose.  C.  C. 
P.  339,  subd.  2. 


TIME    TABLE. 


1483 


Action  Against  Coroner. 

Au  action  against  a  coroner  upon  a 
liability  incurred  by  doing  an  act  in  his 
official  capacity,  or  by  omission  of  an 
official  duty,  must  be  commenced 

Action  Against  Constable. 

.An  action  against  a  constable  upon  a 
liability  incurred  by  doing  an  act  in  his 
official  capacity,  or  by  omission  of  an 
official  duty,  except  an  action  for  an 
escape,  must  be  commenced 

Money  Collected  on  Execution. 

An  action  against  a  constable  for  the 
nonpayment  of  money  collected  upon 
an  execution    must  be  commenced 

Penalty  or  Forfeiture. 

An  action  for  a  statutory  penalty  or 
forfeiture  accruing  to  an  individual,  or 
to  an  individual  and  the  State,  must, 
unless  otherwise  prescribed,  be  com- 
menced 


within  TWO  YEARS  from  the  time 
when  the  cause  of  action  arose.  C.  C. 
P.  339,  subd.  2. 


within  TWO  YEARS  from  the  time 
when  the  cause  of  action  arose.  0.  C. 
P.  339,  subd.  2. 


within  TWO  YEARS  from  the  time 
when  the  cause  of  action  arose.  C.  C. 
P.  339,  subd.  2. 


within  ONE  YEAR  from  the  date  when 
the  cause  of  action  accrued.  C.  C.  P. 
340,  subd.  1. 


Forfeiture  to  State — Bail  Bond — Undertaking  in  a  Criminal  Action. 

An  action  upon  a  suit  for  a  forfeit-  within  ONE  YEAR  from  the  time  when 
ure  or  penalty  to  the  people  of  the  the  cause  of  action  accrued.  C.  C.  P. 
state   must  be  commenced  340,  subd.   2. 


Undertaking  in  Criminal  Actions. 

An  action  upon  an  undertaking  in  a 
criminal  action    must  be  commenced 


Libel. 

An    action    for 
menced 


libel   must    be    eom- 


Slander. 

An  aiction  for  slander  must  be  com- 
menced 

Death  by  Wrongful  Act. 

An  action  for  death  caused  to  one  by 
the  wrongful  act  of  another  must  be 
commenced 


within  ONE  YEAR  from  the  time  when 
the  cause  of  action  accrued.  C.  C.  P. 
340,  subd.  2. 

within  ONE  YEAR  from  the  time  when 
the  cause  of  action  accrued.  C.  C.  P. 
340,  subd.  3. 

within  ONE  YEAR  from  the  time  when 
the  cause  of  action  accrued.  C.  C.  P. 
340,  subd.  3. 

within  ONE  YEAR  from  the  time  the 
cause  of  action  accrued.  C.  C.  P.  340, 
subd.  3. 


1484 


hillyer's  legal  manual. 


Death  hy  Negligence. 

An  action  for  death  caused  to  one  by 
the  negligence  of  another  must  be  com- 
menced 

Injury  by  Negligence. 

An  action  for  injury  caused  to  one 
by  the  negligence  of  another  must  be 
commenced 

Assault. 

An  action  for  assault  must  be  com- 
menced 

Battery. 

An  action  for  battery  must  be  com- 
menced 

False  Imprisonment. 

An  action  for  false  imprisonment 
must  be  commenced 

Seduction. 

An  action  for  seduction  must  be  com- 
menced 

Injury  by  Wrongful  Act. 

An  action  for  injury  caused  to  one  by 
the  wrongful  act  of  another  must  be 
commenced 


within  ONE  YEAR  from  the  time  the 
cause  of  action  accrued.  C.  C.  P.  340, 
subd.  3. 


within  ONE  YEAR  from  the  time  the 
cause  of  action  accrued.  C.  C.  P.  34Q, 
subd.  3. 


within  ONE  YEAR  from  the  time  when 
the  cause  of  action  accrued.  C.  C.  P. 
340,  subd.  3. 

within  ONE  YEAR  from  the  time  when 
the  cause  of  action  accrued.  C.  C.  P. 
340,  subd.  3. 

within  ONE  YEAR  from  the  time  when 
the  cause  of  action  accrued.  C.  C.  P.. 
340,  subd.  3. 

within  ONE  YEAR  from  the  time  when 
the  cause  of  action  accrued.  C.  C.  P. 
340,  subd.  3. 

within  ONE  YEAR  from  the  time  when 
the  cause  of  action  accrued.  C.  C.  P. 
340,  subd.  3. 


Depositor  Against  Bank  on  Forged  or  Raised  Check. 

An  action  against  a  bank  by  a  de-  within  ONE  YEAR  from  the  time  when 
positor  for  the  payment  of  a  forged  or  the  cause  of  action  accrued.  C.  C.  P. 
raised  check    must  be  commenced  340,  subd.  3. 


Escape. 

An  action  against  a  sheriff  or  other 
officer  for  the  escape  of  a  prisoner,  ar- 
rested or  imprisoned  on  civil  process, 
must  be  commenced 


within  ONE  YEAR  from  the  time  when 
the  cause  of  action  accrued.  C.  C.  P. 
340,  subd.  4. 


Municipal  Corporation — Damage  to  Property  by  Mob  or  Riot. 

An   action   against    a   municipal   cor-       within  ONE  YEAR  from  the  time  when 
poration    for    damages    or    injuries     to       the  cause   of  action  accrued.     C.  C.  P. 
property  caused  by  a  mob  or  riot   must       340,  subd.  5. 
be  commenced 


TIME    TABLE. 


H85 


Tax  Collector — Replevin — Conversion. 

An  action  against  an  ofl&cer  to  re- 
cover property  seized  by  such  officer  in 
his  official  capacity  as  tax  collector,  or 
the  price  or  value  thereof,  or  damages 
for  the  seizure,  detention,  sale  of  or  in- 
jury to  property  seized  or  for  damages 
to  personal  property  in  making  such 
seizure,  must  be  commenced 


within  SIX  MONTHS  from  the  time 
when  the  cause  of  action  accrued.  C. 
C.  P.  341,  subd.  1. 


Stock  Sold  for  Delinquent  Assessment. 
An  action  to  recover  stock  sold  for  a 
delinquent   assessment,   as  provided  in 
section  347   of  the  Code  of  Civil  Pro- 
cedure, must  be  commenced  within 


SIX  MONTHS  from  the  time  when  the 
cause  of  action  accrued.  C.  C.  P.  341, 
subd.  2. 


Claims  Against  a  County. 

An  action  against  a  county  on  a  claim 
rejected  by  the  board  of  supervisors 
must  be  commenced 


within  SIX  MONTHS  after  the  first  re- 
jection thereof  by  said  board.  C.  C. 
P.  342. 


Belief  not  Otherwise  Provided. 

An  action  for  relief  not  otherwise 
specially  provided  for  must  be  com- 
menced 


within  FOUR  YEARS  after  the  cause  of 
action  accrued.     C.  C.  P.  343. 


Action  by  the  State. 

Actions  brought  in  the  name  of  the 
state,  or  for  the  benefit  of  the  state, 
must  be  brought 


■within  the  SAME  TIME  as  actions  by 
private  parties,  unless  otherwise  pro- 
vided.    C.  C.  P.  345. 


Patients  at  State  Hospital. 

An  action  for  the  recovery  of  money 
due  on  account  of  the  presence  of 
patients  at  state  hospitals  must  be  com- 
menced 


within  THREE  YEARS  after  the  cause 
of  action  accrued.     C.   C.  P.   345. 


Action  to  Redeem  Mortgage. 

An  action  to  redeem  a  mortgage  of 

real  property  may  be  brought  against 
the  mortgagee  in  possession,  or  those 
claiming  under  him,  unless  he  or  they 
have  continuously  maintained  an  ad- 
verse possession  of  the  mortgaged  prem- 


for  FIVE  YEARS  after  breach  of  some 
condition  of  the  mortgage.  C.  C.  P. 
346. 


1486 


HILLYER  S    LEGAL    MANUAL. 


Action  for  Recovei*y  of  Stock. 

Action  to  recover  stock  sold  for  de- 
linquent assessments,  upon  the  ground 
of  irregularity  in  the  assessment,  irreg- 
ularity or  defect  of  the  notice  of  sale, 
or  defect  or  irregularity  in  the  sale, 
must  be  commenced  and  summons  issued 

Deposit  With  Bank. 

To  an  action  brought  to  recover 
money  or  other  property  deposited  with 
any  bank,  trust  company  or  savings  and 
loan  society, 


within   SIX    MONTHS  after  such  sale 
was  made.     C.  C.  347. 


there  is  no  limitation.     C.  C.  P.  348. 


Action  Under  "Local  Improvement  Act    of  1901." 


An  action  to  contest  an  assessment 
levied  under  the  t^rms  of  the  "Local 
Improvement  Act"  must  be  commenced 


within  THIRTY  DAYS  after  the  entry 
upon  the  minutes  of  the  legislative  body 
of  the^  municipality  of  the  resolution 
provided  for  in  section  87,  Local  Im- 
provement Act.  C.  C.  P.  349.  See  sec. 
352. 


Death  of  Party — Action  by  Representatives. 


after  the  expiration  of  that  time  and 
within  SIX  MONTHS  from  his  death. 
C.  C.  P.  353. 


If  a  person  who  is  entitled  to  bring 
an  action  die  before  the  expiration  of 
the  time  limited  for  the  commencement 
thereof,  and  the  cause  of  action  survive, 
the  action  may  be  commenced  by  his 
representatives 

Death  of  Party — ^Action  Against  Representatives. 

If  a  person  against  whom  an  action       after  the  expiration  of  that  time,  and 


may  be  brought  die  before  the  expira- 
tion of  the  time  limited  for  the  com- 
mencement thereof,  and  the  cause  of 
action  survive,  an  action  may  be  com- 
menced against  his  representatives 

New  Action  Where  Judgment  Reversed. 
If  an  action  is  commenced  within  the 
time  prescribed  therefor,  and  a  judg- 
ment therein  for  the  plaintiff  be  re- 
versed on  appeal,  the  plaintiff  may  com- 
mence a  new  action 


within  ONE  YEAR  after  the  issuing 
of  letters  testamentary  or  of  adminis- 
tration.    C.  C.  P.  353. 


within  ONE  YEAR  after  the  reversal. 
C.  C.  P.  355. 


Where  Judgment  Reversed — Action  by  Representatives. 

If  an  action  is  commenced  within  the 
time  prescribed  therefor,  and  a  judg- 
ment   therein    for    the    plaintiff  be  re- 


TIME   TABLE. 


1487 


versed  on  appeal,  and  the  plaintiff  die, 
and  the  cause  of  action  survive,  his 
representatives  may  commence  a  new- 
action 


within  ONE  YEAB  after  the  reversal. 
C.  C.  P.  355,  356. 


Actions  Against  Directors. 

Actions  against  directors  of  a  corpo- 
ration to  recover  a  penalty  or  forfeit- 
ure imposed,  or  to  enforce  a  liability 
created  by  law,  must  be  brought 

Actions  Against  Stockholders. 

Actions  against  stockholders  of  a 
corporation  to  recover  a  penalty  or  for- 
feiture imposed,  or  to  enforce  a  lia- 
bility created  by  law,  must  be  brought 

Action  by  Taxpayers  for  Injunction. 

An  action  to  obtain  a  judgment  re- 
straining and  preventing  any  illegal 
expenditure  of,  waste  of,  or  injury  to 
property  of  a  county,  town,  city,  city 
and  county,  when  brought  by  a  citizen 
resident  who  has  paid  a  tax  thereon, 
must  be  brought 

Proceedings  to  Contest  an  Election. 

Proceedings  to  contest  an  election, 
except  on  the  ground  of  bribery,  must 
be  brought 


within  THREE  YEARS  after  the  dis- 
covery by  the  aggrieved  party  of  the 
facts  upon  which  the  penalty  or  for- 
feiture attached  or  liability  was 
created.     C.  C.  P.  359. 

within  THREE  YEARS  after  the  dis- 
covery by  the  aggrieved  party  of  the 
facts  upon  which  the  penalty  or  for- 
feiture attached  or  liability  was 
created.     C.  C.  P.  359-361. 


within  ONE  YEAR  after  the  payment 
of  the  taxes.     C.  C.  P.  526a,  527: 


within  THIRTY  DAYS  after  the  decla- 
ration of  the  result  of  the  election.-  C. 
C.  P.  1115. 


Proceedings  to  Contest  Election  on  Ground  of  Bribery. 


Proceedings  to  contest  an  election  on 
the  ground  of  bribery  must  be  brought 

Election  Contests  in  Case  of  Tie  Vote. 
In  case  of  tie  vote,  contest  must  be 
commenced 


within  SIX  MONTHS  after  the  declara- 
tion of  the  result  of  the  election.  C.  C. 
P.  1115. 


within  TWENTY  DAYS  after  declara- 
tion of  the  vote  by  the  canvassing 
board.     C.  C.  P.  1124. 


Foreclosure  of  Mechanics'  Liens — Giving  Credit. 

Giving  credit  cannot  extend  the  time       ONE  YEAR  from  the  time  the  work  is 
to  commence  foreclosure  proceedings  on       completed.     C.  C.  P.  1190. 
a  mechanic's  lien  longer  than 


1488 


HILLYER'S    LEGAL    MANUAL. 


For  Recovery  of  Preferred  Claim  in  Attachment  or  Execution. 

Where  claim  for  wages  in  attachment       within  TEN  DAYS  after  denial. 
or    execution    proceeding    is    disputed,       P.  1206. 
action  to  recover  the  demand    must  be 
commenced 


C.  C. 


Rejected  Claims  in  Probate. 

Suit  must  be  brought  on  a  rejected 
claim 


Action  to  Set  Aside  Probate  Sale. 

An  action  to  recover  an  estate  sold 
by  executor  or  administrator  at  probate 
sale    must  be  brought 

Action  to  Set  Aside  Probate  Sale. 
An  action  to  set  aside  a  probate  sale 

instituted  at  any  time 


Specific  Performance — Probate. 

Where  petition  to  a  probate  court  to 
compel  a  conveyance  is  dismissed,  suit 
for  specific  performance  may  be  com- 
menced 

Action  on  Guardian's  Bond. 

Action  on  guardian's  bond  must  be 
commenced 


within  THREE  MONTHS  after  service 
of  notice  of  rejection  if  the  claim  be 
then  due,  otherwise  within  TWO 
MONTHS  after  it  becomes  due.  C.  C. 
P.  1498. 

within  THREE  YEARS  next  after  the 
settlement  of  the  final  account.  C.  C. 
P.  1573. 


within  THREE  YEARS  from  the  dis- 
covery of  the  fraud  or  other  grounds 
upon  which  the  action  is  brought;  or  if 
the  plaintiff  is  under  disability  when  the 
right  of  action  accrues,  then  THREE 
YEARS  after  the  disability.  C.  C.  P. 
1573,  1574. 

within  SIX  MONTHS  thereafter.  C. 
C.  P.  1602. 


within  THREE  YEARS  from  the  dis- 
charge or  removal  of  guardian,  or  after 
removal  of  the  disability  of  the  party 
suing.     C.  C.  P.  1805. 


Action  for  Recovery  of  Estate  Sold  by  Guardian. 

Action  for  the  recovery  of  any  estate       within   THREE  YEARS   after  the  ter- 


sold  by  guardian    must  be  commenced 


Annulment  of  Marriage  for  Nonage. 

Action  for  may  be  brought  on  the 
ground  of  nonage  of  contracting  party 
by  the  party  to  the  marriage  who  was 
married  under  the  age  of  legal  consent 


mination  of  the  guardianship,  or  from 
the  removal  of  the  disability  of  the 
party  suing.     C.  C.  P.  1806. 

within  FOUR  YEARS  after  arriving  at 
the  age  of  consent.     C.  C.  83,  subd.   1. 


TIME   TABLE. 


1489 


Annulment  of  Marriage  for  Nonage,  Action  by  Guardian. 


Action  on  grounds  of  nonage  may  be 
brought  by  a  parent,  guardian  or  other 
person  having  charge  of  such  nonage 
male  or  female, 

Annulment  of  Marriage  for  Bigamy. 

Action  on  ground  of  former  spouse 
living  may  be  brought  by  such  former 
husband  or  wife,  or  by  either  party 
during 

Annulment  of  Marriage  for  Insanity. 

Action  on  the  ground  that  either 
party  was  of  unsound  mind  may  be 
brought  by  the  party  injured,  or  rela- 
tive or  guardian  of  the  party  of  un- 
sound mind, 

Annulment  of  Marriage  for  Fraud. 

Action  on  the  ground  that  consent  to 
the  marriage  was  obtained  by  fraud 
may  be  brought  by  the  party  injured, 


at  any  time  before  such  married  minor 
has  arrived  at  the  age  of  legal  consent. 
C.  C.  83,  subd.  1. 


the  life  of  the  other. 
2. 


C.  C.  83,  subd. 


at  any  time  before  the  death  of  either 
party.     C.  C.  83,  subd.  3. 


within  FOUR  YEARS  after  the  discov- 
ery of  the  facts  constituting  the  fraud. 
C.  C.  83,  subd.  4. 


Annulment — Wliere  Marriage  Obtained  by  Force. 

Action    on   the    ground   that    consent       within   FOUR  TEARS   after  the   mar- 
to  marriage  was  obtained  by  force  may       riage.     C.  C.  83,  subd.  5. 
be  brought  by  the  injured  party, 


Annulment — Physical  Incompetence. 

Action  on  the  ground  that  party  was 
physically  incapable  may  be  brought  by 
the  injured  party, 

Divorce  for  Adultery. 

When  the  cause  is  adultery  the  action 
must  be  commenced 


Divorce  for  Felony. 

When  the  cause  is  conviction  of 
felony,  the  action  must  be  commenced 
before  the 

Divorce  in  Other  Cases. 

In  all  other  cases  the  action  is  barred 
when  there  is 


94 


within   FOUR  YEARS   after   the   mar- 
riage.    C.  C.  83,  subd.  6. 


within  TWO  YEARS  after  the  commis- 
sion of  the  act  of  adultery,  or  after  its 
discovery  by  the  injured  party.  C.  C. 
124,  subd.  1. 

expiration  of  TWO  YEARS  after  a  par- 
don, or  the  termination  of  the  period  of 
sentence.     C.  C.  124,  subd.  2. 


an  unreasonable  lapse  of  time  BEFORE 
THE  COMMENCEMENT  OF  THE  AC- 
TION.    C.  C.  12-4,  subd.  3. 


1490 


HILLYER'S    LEGAL    MANUAL. 


Inquiry  "by  State  into  Corporate  Existence. 

No  inquiry  may  be  made  by  the  state       for  TEN   consecutive  YEARS. 
as  to  the  due  incorporation  of  any  com-       358. 
pany  which  has  been  doing  business  in 
good  faith  as  a  corporation 


C.  C. 


Liability  of  Master  for  Breach  of  Covenant. 


Action  against  a  master  on  the  inden- 
ture for  a  breach  of  any  covenant 
thereof  may  be  brought 


Foreclosure  of  Logger's  Lien. 

Claimant  of  logger's  lien  must  bring 
suit  to  foreclose 


during  the  minority  of  the  apprentice 
or  may  be  commenced  by  him  in  his 
own  name  at  any  time  within  TWO 
YEARS  after  his  coming  of  age.  C.  C. 
273. 

within  Thirty  Days  from  tbe  time  such 
labor  is  completed.     C.  C.  3065. 


Murder,  Embezzlement  of  Public  Moneys  or  Falsification  of  Public  Records. 

Prosecution     for     murder,     embezzle-       no  limit.     P.  C.  799. 
ment  of  public  moneys  and  falsification 
of  public  records 


Other  Felonies. 

An  indictment  for  any  other  felony 
than  murder,  embezzlement  of  public 
money,  or  falsification  of  public  records, 
must  be  found,  or  an  information  filed, 

Misdemeanor. 

An  indictment  or  information  for 
misdemeanor   must  be  found  or  filed 


within  THREE  YEARS  after  its  com- 
mission.    P.  C.  800. 


within   ONE   YEAR   after  its   commis- 
sion.    P.  C.  801. 


Statute  of  limitations.     See  Escheated  Estates. 


STATUTES. 


When  Bill  Becomes  a  Law. 

If  any  bill  presented  to  the  governor 
shall  not  be  returned    within 


Bill  not  Returned  by  Grovemor. 

Every    bill   which    has    not   been    re- 
turned by  the  governor 


TEN  DAYS  after  it  shall  have  been 
presented  to  him,  the  same  shall 
become  a  law,  unless  the  legislature  pre- 
vents such  return,  in  which  case  it  shall 
become  a  law,  unless  the  governor 
within  THIRTY  DAYS  after  such  ad- 
journment signs  the  same. 

within  TEN  DAYS  thereby  becomes  a 
law.     Pol.  C.  313. 


TIME   TABLE.  1491 

When  Effective. 

Every  statute,  unless  a  different  time       on  the  SIXTIETH  DAY  after  its  pas- 
is  prescribed  therein,  takes  effect  sage.     Pol.  C.  323. 

Statutes.     See  Initiative. 

Statutes.     See  Referendum. 

Stay  of  execution.     See  Execution. 

Stay  of  proceedings.     See  Mandamus. 

Stay  of  proceedings  in  certiorari.     See  Certiorari. 

Stay  of  proceedings  in  procedendo.     See  Procedendo. 

Stay  of  proceedings  in  prohibition.     See  Prohibition. 

Stock.     See  Diminution  of  Capital  Stock. 

Stock.    See  Proxies. 

Stock,  action  for  recovery.     See  Statute  of  Limitations. 

Stockholders'  liability.     See  Statute  of  Limitations. 

Stockholders '  meeting.     See  Diminution  of  Capital  Stock. 

Stockholders'  meeting  to  adopt  by-laws.     See  By-laws. 

Stockholders'   meeting   to   consider   question   of   capital   stock.     See 

Banks. 
Stockholders '  meeting  to  create  bonded  indebtedness.    See  Creation  of 

Bonded  Indebtedness. 

STOCK  IN  TRADE. 

Notice  of  Intention  to  Sell. 

Notice   of  intention  to   sell,  transfer       FIVE    DAYS    before    the    sale.     C.  C. 
or  assign  stock  in  trade  in  bulk,  must  be       3440. 
filed 

STOLEN  PROPERTY. 

Delivery  to  County  Treasurer. 

Property  stolen  or  embezzled  must  be  before  the  expiration  of  SIX  MONTHS 
delivered  to  the  county  treasurer  and  from  the  conviction  of  the  person  for 
sold,  if  not  claimed  by  the  owner,  stealing  or  embezzling.     P.  C.  1411. 

Subcontractors'  liens.     See  Mechanics'  Liens. 
Subletting.     See  Unlawful  Detainer. 
Subpoena.     See  Depositions. 
Substituted  bail.     See  Arrest  and  Bail. 
Succession.    See  Aliens. 

SUMMONS. 

Service  by  Publication  on  Defendant  Without  the  State. 

Publication   against  a  defendant  re-       not  less  than  TWO  MONTHS.     C.  C.  P. 
siding  out  of  the  state,  or  absent  there-       413. 
from,  must  be 


1492 


HILLYER^S    LEGAL    MANUAL. 


Service  by  Publication,  How  Often. 

Publication  of  summons  must  be  for 
such  length  of  time  as  may  be  deemed 
reasonable 


at  least  ONCE  A  WEEK.     C.  C.  P.  413. 


Posting  in  Actions  to  Determine  Adverse  Claims. 

In     actions     to     determine     adverse       within   THIRTY  DAYS   after  issuance 
claims  to  real  property,  a  copy  of  the       of  the  summons.     C.  C.  P.  750. 
summons  must  be  posted  on  the  prop- 
erty 

Publication  in  Actions  to  Determine  Adverse  Claims — Publication  of  Summons. 

Publication  of  summons  in  actions  to       once     a     week     for     TWO     successive 
determine  adverse  claims  to  real  prop-       months.     C.  C.  P.  750. 
erty   must  be 

Justice's  Court — Issuance. 

Summons  must  issue  within  ONE  YEAR  after  the  filing  of 

the  complaint.     C.  C.  P.  840. 
Justice's  Court — Waiver. 

Defendant    may    waive    issuance    of      AT  ANY  TIME  after  complaint  filed, 
summons  C.  C.  P.  841. 

In  Civil  Actions  in  Police  Court — Issuance  and  Return. 

Summons    in    civil    actions    in    police      not    exceeding  FOUR  DAYS  from   the 
courts  must  be  issued  immediately  after       date  of  its  issuance.     C.  C.  P.  930. 
filing  the   complaint,   and   must   be   re- 
turnable at  any  time  designated. 

Against  Joint  Debtor — ^When  Returnable. 

Summons   against  joint   debtor   must       WITHIN  THE  SAME  TIME  as  ori gi- 
be returnable  nal  summons.     C.  C.  P.  990. 


In  Unlawful  Detainer. 

Summons  in  unlawful  detainer  must 
require  the  defendant  to  appear  and 
answer 


within  THREE  DAYS  after  the  service 
of  the  summons  upon  him.  C.  C.  P. 
1167. 


Against  Corporation  in  Criminal  Case — Appearance. 

Upon  an  information  or  presentment       than  TEN  DAYS  after  the  issuance  of 
against     a     corporation,    the     summons       the  summons.     P.  C.  1390. 
must  require  the  corporation  to  appear 
at  a  time  not  less 


Against  Corporation  in  Criminal  Case — Service. 

Said  summons  must  be  served  at  least       FIVE  DAYS  before  the  day  of  appear- 
ance.    P.  C.  1392. 


TIME   TxVBLE.  1493 

In  Police  Court  Against  Corporation. 

Summons  against  a  corporation  upon  TEN   DAYS   after   the    issuing   of   the 

complaint  in  the  police  court  must  re-  summons,    and    must   be    served    FIVE 

quire  it  to  appear  and  answer  at  a  time  DAYS   before   the    day  of   appearance, 

not  less  than  P.  C.  1427,  1390,  1392. 

Summons.     See  Alias  Summons. 

Summons.     See  Appearance. 

Summons.     See    Foreclosure    (of    Delinquent    Purchasers    of    State 

Lands). 
Summons.    See  Opening  Default. 
Summons,  dismissal  for  nonissuance.     See  Dismissal. 
Summons,  dismissal  for  nonservice.     See  Dismissal. 
Summons  in  actions  to  determine  adverse  claims.     See  Actions  to 

Determine  Adverse  Claims. 
Summons  in  McEnerney  actions.     See  McEnerney  Actions. 
Summons  on  cross-complaint.     See  Cross-complaint. 
Supplemental  pleadings  to  enforce  judgment.     See  Judgment. 

SUPPLEMENTARY  PROCEEDINGS. 

Order  of  Examination  After  Execution  Returned. 

Order    of    examination    of    judgment      at  any  time  after  return  OF  EXECU- 
debtor  may  be  made  TION  UNSATISFIED  IN  WHOLE  OR 

IN  PART.     C.  C.  P.  714. 
Order  of  Examination  on  Affidavit. 

Order    of    examination    of   judgment      AFTER    ISSUING    EXECUTION.     C. 
debtor  may  be  made  on  proof  by  aflS-       C.  P.  714. 
davit    that    the     debtor    has    property 
which  he  unjustly  refuses  to  apply  to 
the  satisfaction  of  the  judgment. 

Order  of  Examination  of  Debtor  of  Judgment  Debtor,  etc. 

Order    of   examination   of   debtor   of       after  the  issuing  or  return  of  the  exe- 
judgment  debtor   may  be  made  cution.     C.  C.  P.  717. 

Support  of  prisoner.     See  Arrest  and  Bail. 
Supreme  Court.    See  Calendar. 

SURETIES. 

Notice  to  Executor  or  Administrator  to  Appear  at  Hearing  of  Citation  to  Sure- 
ties. 
Notice    to    an    executor    or    adminis-       AT  THE  SAME  TIME  as  the  citation 
trator  to   appear  at  the   hearing  of   a       to  the  sureties.     C.  C.  P.  1394. 
citation  to  sureties,  where  insufficient, 
must  be  issued 


1494  hillyer's  legal  manual. 

Citation  to  Executor  or  Administrator  to  Give  Further  Security. 

Citation  to  an  executor  or  adminis-       at  least  FIVE  DAYS  before  the  return 
trator  to  give  further  security    must  be       day.     C.  C.  P.  1398. 
served 

Citation  to  Executor  or  Administrator  to  Give  Further  Security. 

An    order   requiring   an    executor    or       not    less   than   FIVE   DAYS.     C.  C.  P. 
administrator  to  give  further  security,       1399. 
or  file  a  new  bond,  must   allow  him  a 
reasonable  time 

Where  Corporate  Surety's  Liabilities  Exceed  Assets. 

Whenever  the  liabilities  of  a  corpo-  in  SIXTY  DAYS,  and  if  not  so  paid,  a 
rate  surety  exceeds  its  assets,  the  in-  certificate  showing  the  deficiency  shall 
surance  commissioner  shall  require  the  be  published  ONCE  A  WEEK  for 
deficiency  to  be  paid  up  THREE  WEEKS.     C.  C.  P.  1056. 

Filing  New  Undertaking  Where  Surety  has  Become  Insufficient. 

Whenever  any  surety  upon  an  under-      UPON  NOTICE.     C.  C.  P.   1057, 
taking  has  become  insufficient,  the  court 
may   order   a   new   undertaking  in  lieu 
thereof 

Sureties,  judgment  against.    See  Judgment. 

Surprise.     See  Opening  Default. 

Surrender  by  bail.     See  Bail. 

Surrender  of  defendant  by  bail.     See  Arrest  and  Bail. 

Suspension  of  officer.    See  Accusation  Against  Officer. 

SUSPENSION  OF  SENTENCE. 

Commitment  to  Institution. 

Where  judgment  is  suspended  on  eon-       period  of  TWO  MONTHS,  to  be  further 
viction  of  a  minor,  the  court  or  judge       extended  by  the  court  or  judge,  should 
may  commit  such  minor  to  the  custody       it  be  deemed  advisable.     P.  C.  1388. 
of    the    officers    or    managers    of    any 
strictly  nonsectarian  charitable  corpora- 
tion, conducted  for  the  purpose  of  re- 
claiming such  minors,  for  a 

Suspension  of  sentence.    See  Probation. 

Taking  defendant  before  magistrate.     See  Arrest. 
Tax  collector,  action  against.     See  Statute  of  Limitations. 
Taxpayer,  action  by.    See  Statute  of  Limitations. 
Temporary  restraining  order.     See  Injunction. 


TIME   TABLE. 


1495 


TENANCY. 

Presumed  Monthly. 

Hiring  of  lodgings  or  dwelling-house,       is   presumed  to  be  MONTHLY. 
in    the    absence    of   any    agreement    re-       1944. 
specting  the  length  of  time,  or  the  rent. 


C.  C. 


Holding  Over. 

Where  lessee  holds  over  and  lessor 
accepts  rent,  the  hiring  is  presumed  re- 
newed on  the  same  terms  and  for  the 
same  time, 

Rent,  When  Payable. 

In  the  absence  of  usage  or  contract  to 
the  contrary,  rents  are  payable  at  the 
termination  of  the  holding. 

Rent,  When  Payable. 

If  holding  is  by  the  day,  week,  month, 
quarter  or  year,  rent  is  payable 

Notice  to  Landlord  of  Proceedings. 

A  tenant  who  receives  notice  of  any 
proceeding  to  recover  real  property  oc- 
cupied by  him,  or  the  possession  there- 
of, 


not  exceeding  ONE  MONTH,  when  the 
rent  is  payable  monthly,  nor  in  any  case 
one  year.     C.  C.  1945. 


when  it  does  not  exceed  ONE  YEAR. 
C.  C.  1947. 


at    the    termination 
periods.     C.  C.  1947. 


of    the    respective 


must  inform  his  landlord  of  the  same 
immediately.     C.  C.  1949. 


Tenancy.     See  Landlord  and  Tenant. 

Tenancy  at  will.     See  Landlord  and  Tenant. 

Tenancy  at  will.     See  Unlawful  Detainer. 

Tenant  of  agricultural  lands.     See  Unlawful  Detainer. 

TERMINATION  OF  LIFE  ESTATE. 


Petition  for  Termination. 

Petition   for   termination   of   life   es- 
tate must  be  heard 


upon  such  notice  by  publication  or 
otherwise  as  the  court  may  order.  C.  C. 
P.  1723. 


Termination  of  tenancy.    See  Landlord  and  Tenant. 


TESTIMONY. 

Filing  Copy. 

Copy  of  testimony  taken  before  the 
grand  jury  must  be  filed  with  the  clerk 


within  TEN  DAYS  after  the  filing  of 
the  indictment  and  delivered  to  the  de- 
fendant upon  his  arraignment.  P.  C. 
925. 


1496 


hillyer's  legal  manual. 


Application  to  Take  Testimony  Conditionally,  in  Criminal  Action. 

Application  to  take  the  testimony  of       upon  THREE  DAYS'  notice  to  the  oppo- 
a  witness  conditionally  must  be  made  site  party.     P.  C.  1338. 

Testimony.    See  Sentence. 


THIRD  PARTY  CLAIM. 
On  Attachment — Indemnity  Against. 

Indemnity  against  a  tliird  party  claim       on  DEMAND. 
to    property    taken    under    attachment 
must  be  furnished  the  sheriff 


C.  C.  P.  549,  689. 


Indemnity  Against  Third  Party  Claim. 

Where  property  levied  upon 
claimed  by  a  third  party,  the  judgment 
creditor  must  indemnify  the  sheriff 
against  such  claim 


Objections  to  Undertaking. 

A  judgment  creditor  may  object  to 

the  undertaking  given  to  obtain  release 
of  property  taken  under  execution,  and 
claimed  by  other  than  the  judgment 
debtor, 


is       on  DEMAND.     C.  C.  P.  689. 


within  TEN  DAYS  after  the  service  of 
a  copy  of  the  undertaking  upon  the 
judgment  creditor,  or  his  attorney.  C. 
C.  P.  TllVa. 


Justification  of  Sureties. 

Where  the  sureties  on  an  undertaking 

given  to  secure  the  release  of  property 
taken  under  execution  are  objected  to, 
they  must  justify 

Undertaking — Insuflacient  Estimate. 

Where  objection  is  made  to  an  under- 
taking given  to  secure  the  release  of 
property  taken  under  execution,  on  the 
ground  that  the  estimate  value  is  in- 
sufficient, the  person  giving  the  under- 
taking may  move  the  court  to  estimate 
the  market  value 


upon  TEN  DAYS'  notice  to  the  judg- 
ment debtor,  or  his  attorney.  C.  C.  P. 
712. 


upon  TEN  DAYS'  notice  to  the  judg- 
ment creditor.     C.  C.  P.  712. 


Third  party  claim.    See  Claim  and  Delivery. 
Threshers'  lien.     See  Lien  of  Thresher. 
Time,  extensions  of.     See  Extensions  of  Time. 


TIME    TABLE. 


1497 


TRADEMARK. 

Recordation. 

Trademark  must  be  recorded  within  THIRTY  DAYS  after  the  com- 

mencement of  the  use  thereof,  or  at  any- 
time before  the  filing  of  such  trademark 
by  any  other  person,  firm  or  corporation. 
Pol.  C.  3197. 

Transcript,  correction  of.     See  Appeal  from  Superior  Court  in  Criminal 

Cases.  ' 
Transcription  of  notes  on  death  or  illness  of  reporter.    See  Appeal 

from  Superior  Court  in  Criminal  Cases. 
Transcript  of  judgment.     See  Lien  of  Judgment. 
Transcript  on  appeal.     See  Appeal  from  Superior  Court. 

TRANSFER  OF  ACTION  TO  SUPERIOR  COURT. 

When  Jurisdiction  Attaches. 

In  actions  transferred  to  the  Superior 
Court  involving  title  or  possession  to 
real  property,  legality  of  any  tax,  im- 
post, assessment,  toll  or  municipal  fine, 
jurisdiction  of  the  Superior  Court  at- 
taches 


FROM    THE    TIME    OF    FILING    the 

pleadings  and  transcript  with  the  clerk 
of  the  Superior  Court.     C.  C.  P.  838. 


Transfer  of  custody.    See  Removal  of  Trial. 

Transmission  of  record  in  criminal  cases.    See  Appeal  from  Superior 

Court  in  Criminal  Cases. 
Transmission  of  records.     See  Appeal  to  Superior  Court. 
Trespass.     See  Statute  of  Limitations. 


Justice's  Court,  Notice  of  Trial. 
Notice  of  trial  must  be  served 


TRIAL. 


Justice's  Court — One  Hour  Wait. 

Unless  both  parties  have  appeared, 
and  the  justice's  presence  is  engaged  in 
the  trial  of  another  case,  a  party  need 
not  wait  longer 

Justice's  Court — Commencement. 

Unless  postponed,  trial  must  com- 
mence 


FIVE  DAYS  before  the  day  set  for 
trial,  when  personally  served,  and  TEN 
DAYS  when  served  by  mail.     C.  C.  P. 

850. 

than  ONE  HOUR  after  the  time  fixed 
in  the  notice  of  hearing  of  trial.  C. 
C.  P.  850. 


at  the  expiration  of  ONE  HOUR  from 
the  time  specified  in  the  notice.  C.  C. 
P.  873. 


1498 


hillyer's  legal  manual. 


In  Police  Court. 

Civil   actions   in   Police   Courts   must       IMMEDIATELY     AFTER     ANSWER. 
be  tried  C.  C.  P.  931. 

Preparation  for  in  Criminal  Cases. 

After  plea  the  defendant  is  entitled       at    least    TWO    DAYS    to  prepare  for 
to  trial.     P.  C.  1049. 

Trial.     See  Insane  Persons. 

Trial.     S6e  Mandamus. 

Trial  before  referee,  exceptions.     See  Bill  of  Exceptions. 

Trial,  notice  of.     See  Notice  of  Trial. 

Trustee  for  estate  of  missing  person.     See  Estates  of  Missing  Persons. 

TRUSTEES. 

Order  to  Account. 

Trustee  must  be   ordered  to   appear       within  SIX  MONTHS  prior  to  such  ap- 
and   render   account   on    application   of       plication.     C.  C.  P.  1699. 
beneficiary,  where  no  account  has  been 
rendered 


Resignation. 

Resignation  of  trustee  may  be  ac- 
cepted upon  notice  by  posting  of  not 
less  than 


TEN  DAYS.     C.  C.  P.  1702. 


Application  to  Appoint. 

Notice  of  application  to  appoint  a 
trustee  to  fill  a  vacancy  must  be  given 
by  publication  in  a  weekly  newspaper, 
on  at  least 


Tunnel  location.     See  Mining. 


THREE  DIFFERENT  DAYS  of  publi- 
cation, or  if  published  oftener  than 
once  a  week,  so  that  there  will  be  at 
least  TEN  DAYS  from  the  first  to  the 
last  day  of  publication,  both  days 
being  included,  or  if  there  is  no  news- 
paper in  the  county,  by  posting  at  least 
TEN  DAYS  before  the  hearing.  C.  C. 
P.  1702. 


UNCLAIMED  BAGGAGE. 

Sale  by  Innkeeper. 

Innkeeper    may    sell    unclaimed    bag-       period   of   SIX  MONTHS.     C.   C.    1862. 
gage  which  has  remained  unclaimed  for 


Owner's  Claim  to  Balance  After  Sale. 

Owner    may    claim    balance    of    s: 
from  the  county 


within  ONE  YEAR  after  its  payment 
into  the  county  treasury.     C.  C.  1862. 


TIME    TABLE. 


1499 


Unclaimed  baggage.     See  Unclaimed  Property. 
Unclaimed  moneys  in  hands  of  public  administrator, 
ministrator. 


See  Public  Ad- 


UNCLAIMED  PROPERTY. 

Notice  of  Sale. 

Notice  of  sale  of  unclaimed  baggage 
must  be  published 


ONCE  A  WEEK  for  FOUR  successive 
weeks.     C.  C.  1862. 


Time  of  Sale. 

Sale  of  unclaimed  baggage  must  not 
be  made  until 

Payment  of  Balance  into  Treasury. 

Balance  arising  from  such  sale  must 
be  paid  into  the  county  treasury  unless 
claimed  by  rightful  owner 

Sale  of. 

Unclaimed  property  may  be  sold  to 
pay  freight  and  charges  by  a  common 
carrier,  commission  merchant,  innkeeper 
or  warehouseman 

Disposition  of  Surplus. 

Surplus  received  on  sale  must  be  paid 
over  to  owner  on  demand  at  any  time 

Pasrment  of  Balance  into  Treasury. 

The  surplus  must  be  paid  to  the 
county  treasurer,  subject  to  the  order 
of  the  owner. 

In  Hands  of  Probate  Agent — Sale  of. 

Where  personal  property  remains  in 
the  hands  of  an  agent  appointed  by  the 
court,  it  may  be  sold 

Notice  of  Hearing  Petition  for  Sale. 
Notice  of  hearing  must  not  be 


after    expiration     of    FOUR    WEEKS 

after  the  first  publication  of  notice  of 
sale.     C.  C.  1862. 

within  ONE  WEEK  from  the  date  of 
sale.     C.  C.  1862. 


within  SIXTY  DAYS  after  the  receipt 
thereof  of  said  notice  of  sale,  as  is  cus- 
tomary in  sales  of  goods  by  auction  at 
the  place  where  said  goods  are  held  or 
stored.     Pol.  C.  3153. 

within  SIXTY  DAYS  after  the  sale. 
Pol.  C.  3153. 


within  SIXTY  DAYS  of  the  sale. 
C.  3154. 


Pol. 


where  unclaimed  for  ONE  YEAR. 

C.  P.  1693. 


less  than  TEN  DAYS.     C.  C.  P.  1699. 


C. 


Undertaking  for  continuance.     See  Postponement. 
Undertaking   in   action   to    set    aside    fraudulent   conveyances. 

Fraudulent  Conveyances. 
Undertaking  in  criminal  action.     See  Statute  of  Limitations. 
Undertaking  on  appeal.     See  Appeal  from  Superior  Court. 
Undertaking  on  appeal.     See  Appeal  to  Superior  Court. 


See 


1500 


HILLYER'S    LEGAL    MANUAL. 


Undertaking  on  appeal,  judgment  on.     See  Judgment. 
Undertaking  on  attachment.    See  Attachment. 

UNDERTAKING  TO  KEEP  THE  PEACE. 

How  Long  Binding. 

Undertaking    to    keep    the    peace    is       SIX  MONTHS.     P.  C.  706. 
binding  for 

UNLAWFUL  DETAINER. 

When  Notice  to  Quit  may  be  Served. 

Notice  to  pay  rent   or  quit   may  be       within  ONE  YEAR  after  the  rent  be- 
served  comes  due.     C.  C.  P.  1161,  subd.  2. 


Holding  Over  by  Tenant  of  Agricultural  Land. 


Tenant  of  agricultural  land  who  holds 
over  after  expiration  of  the  term,  with- 
out notice  to  quit, 

Notice  to  Perform  Conditions. 

Notice  to  perform  conditions  or  cove- 
nants 


for  SIXTY  DAYS  shall  be  entitled  to 
hold  for  another  full  year.  C.  C.  P. 
1161,  subd.  2. 


must  be  a  THREE  DAYS'  notice.    C.  C. 
P.  1161,  subd.  3. 


Notice  to  Quit  for  Breach  of  Covenant  Against  Assigning. 

Notice  to  quit  for  breach  of  covenant      must  be  a  THREE  DAYS'  notice.     C.  C. 
against  assigning,  subletting  or  commit-      P.   1161,  subd.  3. 
ting  waste 

Notice  to  Quit  for  Breach  of  Covenant  Against  Subletting. 


Notice  to  quit  for  breach  of  covenant 
against  assigning,  subletting  or  com- 
mitting waste 

Notice  Terminating  Tenancy  at  Will. 

Tenancy  at  will  must  first  be  termi- 
nated 


must  be  a  THREE  DAYS'  notice.     C.  C. 
P.   1161,  subd.   4. 


by    THIRTY    DAYS'    notice.     C.  C.  P. 
1161;  C.  789. 


Notice   to   Quit  After   Default  in  Payment  of  Rent. 


After  default  in  payment  of  rent 

Possession,  When  a  Bar. 

Quiet  possession  by  defendant  is  a 
bar  to  proceedings  which  have  con- 
tinued 

Execution,  Issuance  of. 

In  unlawful  detainer  after  default  in 
the  payment  of  rent,  where  the  lease  has 
not  expired,  execution  must  not  issue 


THREE  DAYS'  notice  must  be  served. 
C.  C.  P.  1161,  subd.  2. 

for  the.  space  of  ONE  WHOLE  YEAR 

next  before  the  commencement  of  the 
proceedings.     C.  C.  P.  1172. 


until  FIVE  DAYS  after  entry  of  judg- 
ment.    C.  C.  P.  1174. 


TIME   TABLE.  1501 

Relief  from  Forfeiture. 

Relief     against     forfeiture     may    be  within  THIRTY  DAYS  after  the  for- 

granted  by  the  court  where  application  feiture   is    declared    by   the    judgment, 

therefor  is  made  C  C.  P.  1179. 

Unlawful  detainer.     See  Forcible  Detainer. 
Unlawful  detainer.     See  Forcible  Entry. 
Unlawful  detainer.     See  Summons. 
Unlawful  detainer,  answer  in.     See  Answer. 
Unlawful  detainer,  demurrer  in.     See  Demurrer. 

Vacating  default.     See  Opening  Default. 

Vacating  judgment.     See  Motion  to  Vacate  Judgment  and  Enter  a 

Different  Judgment. 
Vacating  office.     See  Judgment. 
Validating  defective  acknowledgments.     See  Acknowledgments. 

VERDICT. 

Entry. 

Entry  of  verdict  must  be  made  UPON  RECEIPT  thereof.     C.  C.  P.  628. 

Verdict.    See  Mandamus. 

Vessels,  actions  against.     See  Execution  Sales. 

Vesting  community  property.     See  Community  Property. 

Vesting  homestead.     See  Homestead. 

Void  grants.     See  Statute  of  Limitations. 

Void  letters  patent.    See  Statute  of  Limitations. 

Wages.    See  Preferred  Claims. 

Wages,  preferred  claim.     See  Statute  of  Limitations. 
Waiver  of  summons.     See  Summons. 
Want  of  prosecution.    See  Dismissal. 

Warehouseman.     See  Lien  of  Commission  Merchant  or  Warehouseman. 
Warehouseman.     See  Unclaimed  Property. 
Warranty.     See  Damages. 
Water.     See  Appropriation. 
Waters.     See  Injunction. 
Will  contests.     See  Contest  After  Probate. 
Will,  foreign.     See  Probate  of  Foreign  Will. 
Will,  lost.     See  Probate  of  Lost  Will. 
Wills.     See  Probate  of  Wills. 

Withdrawal  of  articles  of  incorporation.     See  Articles  of  Incorpora- 
tion. 
Withhold  notice.     See  Mechanics '  Liens. 
Witness.     See  Perpetuation  of  Testimony. 
Witness.     See  Testimony. 


1502  HILLYER^S    LEGAL    MANUAL. 

WRITING. 

Notice  to  Produce. 

Notice  to   adverse  party  to   produce       a   REASONABLE   NOTICE.     C.   C.   P. 

writing  in  his  custody   must  be  1938. 

Writing.     See  Copy  of  Account. 

Writing.     See  Handwriting. 

Writing.     See  Inspection  of  Writing. 

Writ  of  attachment.     See  Attachment. 

Writ  of  execution.     See  Execution. 

Writ  of  habeas  corpus.     See  Habeas  Corpus. 

Writ  of  mandate.     See  Mandamus. 

Writ  of  review.     See  Certiorari. 

Written  instrument.     See  Genuineness  and  Due  Execution. 

Written  instrument.     See  Statute  of  Limitations. 

Wrongful  act.     See  Statute  of  Limitations. 

Wrongful  occupation.     See  Damages. 


INDEX. 


(1503) 


INDEX. 


[References  are  to  Pages.] 
Accounts,  excise  tax  law  of  1909,  128. 
American  Experience  Table  of  Mortality,  29. 
Annual  license  tax — Foreign  corporations,  57. 
Anti-trust  law — ^Cartwright  Act,  184. 
Anti-trust  law — ^^Sherman  Act,  183. 
Apothecaries'  weight,  23. 
Avoirdupois  weight,  23. 

BANK  ACT,  CALIFORNIA,  190. 

Act,  when  effective,  265. 

Action  to  enforce   stockholders'  liability,  255. 

Action  upon  rejected  claims,  256. 

Action    to    procure   judgment   dissolving   corporation,  253. 

Acts  forbidden  to  banks  other  than  savings,  216. 

Additional  deposits  by  trust  companies  with  state  treasurer,  242. 

Advertising  capital  stock,  199. 

Affidavit  to  collect  deposit  under  $500,  201. 

Agent,  liquidation  by,  259. 

Annual   statement   of  unclaimed   deposits,  199. 

Appeal,  259. 

Appointment  of  examiner,  248. 

Appraisement  of  securities,  227. 

Appraisement  of  securities  by  superintendent,  247. 

Articles  of  incorporation  and  consolidation,  210. 

Assessment  to  repair  deficiency,  252. 

Auditor  for  foreign  bank,  248. 

Bank  and  trust  business  may  be  combined,  205. 

Bank  defined,  190. 

Bank  premises,  236. 

Bank,  use  of  word  forbidden,  195. 

Banker,  use  of. word  forbidden,  195. 

Banking  forbidden  to  those  not  reporting,  196. 

Banking,  use  of  word  forbidden,  196. 

Banks  must  be  corporations,  191. 

Biennial   statement   of   deceased    depositors,  199. 

Bond  issue,  investigation  of,  227. 

Bonds  legal  for  investment  in  New  York  or  Massachusetts,  225. 

Bonds,  legal  investments  for  savings  banks,  220. 

Bonds   of   public  utilities,  227. 

Bonds  to  be  carried  at  what  value,    226. 

Borrowing  power,  restriction,  204. 

Branch  banks,  approval  of,  194. 

95  (1505) 


1506  INDEX. 

[References  are  to  Pages.] 
BANK  ACT,  CAIilFORNIA— Continued. 

Branch  banks,  capital,  195. 

Branch  banks,  certificate  of  authority,  195. 

Building  and  loan  associations,  acts  permitted,  196. 

Building  and  loan  asociations,  examination,  198. 

Building  and  loan  associations,  name,  196. 

Bulletin  board,  263. 

Call  for  reports,  251, 

Call  for  stockholders'  meeting  by  superintendent,  253. 

Capital,    impairment    or    reduction    of,  252. 

Capital  of  savings  bank,  202. 

Capital  of  title  insurance  company  doing  trust  business,  245. 

Capital  of  trust  company  doing  departmental  business,  245. 

Capital  stock,  advertising,  199. 

Capital  stock  of  commercial  banks,  235. 

Capital  stock  of  savings  banks,  219. 

Certificate  of  authority,  194. 

Certificate  of  authority,  grounds  for   withholding,  248. 

Certificate  of  authorization,  249. 

Certificate  of  conformity,  226,  228. 

Certificate  of  stock,  217. 

Certificate,  when  required,  197. 

Certificates  of  deposit,  partial  payments  on,  204. 

Certified   check  to   be   immediately   charged,  216. 

Certifying  checks,  216. 

Chief  deputy  of  superintendent,  246. 

Claims   in   liquidation,  257. 

Classes,  191. 

Commencement  of  business,  249. 

Commercial  banks,  233. 

Commercial  bank  defined,  191. 

Commercial  business  defined,  190. 

Commercial,  use  of  word,  208. 

Commissions  on  loans,  213. 

Completion  of  liquidation,  259. 

Compromise  of  judgment  against  stockholder,  255. 

Consolidated  bank,  unclaimed  deposits  in,  20'0. 

Consolidation,  210. 

Contents  of  safes,  disposition  on  liquidation,  258. 

Counsel,  256. 

Court  trusts,  243. 

Creation  of  debt  construed,  218. 

Creditor's  action  against  stockholder,  255. 

Deceased  depositors,  statement  of,  199. 

Department  accounts,  207. 

Department  assets,  208. 

Department  certificate,  207. 

Departmental  business,  capital  stock  of,  205. 


INDEX.  1507 

[References  are  to  Pages.] 
BANK  ACT,  CALIFORNIA— Continued. 

Departmental  business,  segregation  of  capital  and  surplus,  205. 

Deposit  by  married  woman   or  minor,  200. 

Deposit  in  trust,  201. 

Deposit  until  further  order  of  court,  216. 

Deposit  with  state  treasurer,  240. 

Deposits  by  public  administrators,  239. 

Deposits  in  transferred  bank,  200. 

Deposits  subject  to  order  of  court,  239. 

Deposits,  unclaimed,  199. 

Deposits  under  $500,  201. 

Depository  bank,  designation  of,  214. 

Depository  bank,  reserve  of,  203. 

Directors,  notice  showing,  202. 

Directors,  qualifications    of,  195. 

Discontinuance   of  business  by   trust   company,  244. 

Dissolution,  action  for,  253. 

Dissolution,  voluntary,  261. 

Dividends,  203. 

Draft,  savings  banks  may  pay  depositors  by,  228. 

Effect  of  bank  act,  264. 

Evidence  of  title  of  securities  deposited  with  state  treasurer,  243. 

Examination,  198. 

Examinations,  247. 

Examinations  by  directors,  262. 

Examiners,  248. 

Expenses  of  liquidation,  257. 

Experts,  256. 

Extra  examination,  262. 

Extra  examinations,  247. 

False  entries,  213. 

Failure  to  report,  penalty,  261. 

Foreign  bank,  loans  by,  194. 

Foreign  banks,  assigned  capital,  191. 

Foreign  trust  companies  as  executors,  193. 

Foreign  trust  company,  agency  of,  194. 

Foreign  trust  company  to  file  articles,  193. 

Foreign  corporations  as  trustees  .of  bond  issues,  238. 

Forfeitures,  264. 

Formation,  191. 

Funds  of  foreign  banks,  192. 

General  provisions,  190. 

Governor,  report  to,  262. 

Guaranteeing  bond  issues,  213. 

Guardian,  collection  of  deposit  by,  where  account  under  $500,  202. 

Impairment  of  capital,  252. 

Impaired  reserve,  203. 

Inactive  accounts,  biennial  statement  of,  20O. 


1508  INDEX. 

[References  are  to  Pages.] 
BANK  ACT,  CALIFORNIA— Continued. 

Injunction  against  superintendent,  259.  , 

Injunction  to  restrain  bank  acting  without  certificate,  197. 

Injunction  to  restrain  use  of  name,  197. 

Interest  on  deposits  subject  to  order  of  court,  240. 

Interest  unpaid  not  included  in  profits,  215. 

Investments  by  trust  company,  244. 

Investments  made  prior  to  act,  264. 

Investments  of  departments,  207. 

Investments  prior  to  act,  226. 

Joint  tenant,  deposit  by,  201. 

Jurisdiction,  260. 

Legality  of  investments,  264. 

Letters  of  guardianship  to  accompany  affidavit,  202. 

Liability  of  State,  227. 

License.     See  Certificate  of  Authority. 

Life  insurance  and  trust  companies  previously  admitted,  198. 

Liquidation,  255. 

Liquidation  by- agent,  259. 

Liquidation,  voluntary,  260. 

List  of  claims,  257. 

Loan  on  capital  stock  forbidden,  212. 

Loans  by  commercial  banks,  234. 

Loans  by  foreign  banks,  192. 

Loans  by  foreign  corporation,  not  banks,  198. 

Loans  forbidden  to  commercial  banks,  235. 

Loans,  limit,  215. 

Loans  on  real  estate,  by  commercial  ban^s,  215. 

Loans  on  bills  of  lading,  234. 

Loans  to  directors  or  employees,  235. 
1         Loans  secured  by  stock  of  another  bank,  214. 

Lost  certificates,  posting,  216. 

Losses,  paid  from  surplus,  204. 

Married  woman,  deposit  by,  200. 

Meetings  of  directors,  195. 

Minor,  deposit  by,  200. 

Mortgage  certificates,  legal  investment  for  savings  banks,  225. 

Mortgage  of  bank  premises  to  state  treasurer,  241. 

Mutual  banks,  issuance  of  capital  stock  by,  208. 

National  reserve  association,  banks  authorized  to  join,  219. 

National  banks,  examination  of,  215. 

Neglect  of  examiner  to  report  unsafe  condition,  248. 

Nonadmitted  assets,  204. 

Nondepository  bank,  203. 

Notes,  secured,  legal  investment  for  savings  bank,  225. 

Notice  of  rejection  of  claims,  256. 

Notice  of  taking  possession  of  unsound  bank,  254. 

Notice  to  bailors,  258. 


INDEX.  1509 

[References  are  to  Pages.] 
BANK  ACT,  CALIFORNIA— Continued. 
Notice  to  present  claims,  256. 
Notice  to  restore  reserve,  203. 
Oath  of  directors,  195. 
Oath  of  examiner,  248. 

Oaths  and  affidavits  by  trust  companies,  238. 
Objections  to  claims,  258. 
Office  of  superintendent  of  banks,  246. 
Opinions  as  to  legality  of  securities,  227. 
Order  to  discontinue  unsafe  practices,  253. 
Order  to  show  cause,  253. 
Overdrafts,  213. 

Paid-up  capital  in  relation  to  liabilities,  202. 
Partial  payments  on  certificates  of  deposit,  204. 
Penalties  and  forfeitures,  264. 
Personal  property  defined,  219. 
Population,  how  determined,  206. 
Possession  of  unsound  bank,  254. 
Preference,  204. 
Preliminary  examination,  249. 
Presentation  of  claims,  256,  257. 
Private  trusts,  243. 

Proceedings  to  compel  sale  of  real  estate,  217. 
Publication  of  biennial  statement,  200. 
Public  moneys,  204. 

Purchase  of  assets  o-f  bank  at  less  than  current  market  value,  214. 
Purchase  of  obligation  of  bank  at  less  than  face  value,  214. 
Eailroad  corporation  defined,  220. 
Eatification  of  consolidation,  211. 
Real  estate  defined,  219. 
Real  estate  to  be  disposed  of,  217. 
Real  property  defined,  219. 
Reduction  of  capital,  252. 
Rejected  claims,  256. 
Repealing  clause,  265. 

Report  of  banks  doing  departmental  business,  249. 
Report  of  examination  'by  board  of  directors,  262. 
Report  prima  facie  evidence,  264. 
Report  to  governor,  262. 
Reports  by  foreign  banks,  251. 

Reports  of  trust  companies  to  superintendent,  244. 
Reports  to  superintendent,  250. 

Reserve  fund  of  savings  bank  organized  without  capital  stock,  220. 
Reserve  of  department,  2^7. 
Reserve  of  depository  bank,  203. 
Reserve  of  nondepository  bank,  203. 
Reserve  of  savings  bank,  202. 


1510  INDEX. 

[References  are  to  Pages.] 
BANK  ACT,  CALIFORNIA— Continued. 

Reserve,  trust  funds,  212. 

Resumption  of  business,  254. 

Safe  deposit  department,  209. 

Safes,  contents,  disposition  of,  258. 

Sale  of  business,  209. 

Sale  of  stock  for  delinquent  assessment,  252. 

Savings  bank  defined,  191. 

Savings  bank  business  defined,  190. 

Savings  bank,  use  of  words  forbidden,  195. 

Savings  banks,  219. 

Savings  banks,  conditions  of  loans,  231. 

Savings  banks,  contract  with  depositors,  229. 

Savings  banks,  deposit  by  decedent,  232. 

Savings  banks,  deposits  with  commercial  banks,  232. 

Savings  banks,  investments  permitted,  220. 

Savings  banks,  loans  to  agents,  230. 

Savings  banks,  loans  to  directors  or  officers,  229. 

Savings  banks  may  borrow  money  when,  228. 

Savings  banks  may  issue  certificates  of  deposit,  228. 

Savings  banks,  maximum  amount  of  loans,  230. 

Savings  banks,  reserve,  232. 

Savings  banks,  reserve  fund,  229. 

Savings  banks,  restrictions  on,  228. 

Savings,  use  of  word,  208.  ' 

Savings,  use  of  word  forbidden,  196. 

School  children,  savings  of,  195. 

Secrecy  by  trust  company,  244. 

Secured  loans,  234. 

Segregation  of  capital  of  trust  companies,  237. 

Service  of  process  on  foreign  banks,  193. 

Short  title,  190. 

Special  deputy  superintendent,  256. 

Special  reports  to  superintendent,  250. 

State  banking  department,  245. 

State  banking  fund,  247. 

Statement  of  condition,  251. 

State  treasurer,  deposit  of  unclaimed  deposits,  200. 

Stockholders,  list  of,  202. 

Stockholders'  meeting  to  determine  whether  superintendent  shall  continue  as 
liquidato-r,  259. 

Stockholders,  superintendent  to  ascertain  character,  248. 

Stock  purchases,  213. 

Stock,  sale  of  for  assessment,  252. 

Suit  to  restrain  order  to  discontinue,  253. 

Superintendent,  agent  for  service  of  process,  193. 

Superintendent,  attorney  for  foreign  trust  company,  193. 


INDEX.  1511 

[References  are  to  Pages.] 
BANK  ACT,  CALIFORNIA— Continued. 

Superintendent  of  banks,  245. 

Superintendent's  powers  on  liquidation,  255. 

Superintendent  to  approve  consolidation,  211. 

Superintendent  to  take  possession  of  unsound  bank,  254. 

Superior  court,  jurisdiction  of,  260. 

Surplus,  202. 

Surplus,  accumulation  of,  204. 

Surplus,  conversion  into  capital,  204. 

Surplus  of  savings  bank,  202. 

Surplus  of  trust  companies,  238. 

Terms  defined  in  Public  Utilities  Act,  225. 

Time  certificates  of  deposit,  229. 

Title  insurance  and  trust  companies,  capital,  245. 

Title  insurance,  not  to  be  combined  with  bank,  205. 

Transactions  forbidden,  213. 

Trusts  classified,  243. 

Trust  companies,  236. 

Trust  companies,  acts  done  prior  to  revocation  of  certificate,  243. 

Trust  companies — Capital,  236. 

Trust  companies,  deposit  with  State  treasurer,  240. 

Trust  company  defined,  191. 

Trust  funds  defined,  242. 

Trust  funds,  mingling,  212. 

Trust  powers  forbidden,  193. 

Trust,  use  of  word,  208. 

Trust,  use  of  word  forbidden,  196, 

Trust  company,  use  of  words  forbidden,  196 

Trustee,  use  of  word  forbidden,  196. 

Unclaimed  deposits,  199. 

Unclaimed  deposits  on  liquidation,  260. 

Unclaimed  dividends  on  liquidation,  26'0. 

Underwriting  bond  issues,  213. 

Unsecured  loans,  233. 

Value,  writing  down,  218. 

Voluntary  liquidation,  260. 

Voluntary  dissolution,  261. 

Waiver  of  stockholder's  liability,  213. 

Withdrawal  of  securities,  243. 

Writing  off  investments,  264. 

Bank  Act,  national,  265.     See  National  Bank  Act. 

Bankruptcy — General  Orders,  1073. 

Banks  in  California,  366. 

Banks — Minimum  capitalization,  52. 

Building  and  loan  associations,  416. 


1512  INDEX. 

[References  are  to  Pages.] 
Calendar,  1914,  1. 

Calendar— Consolidated— 1890-1920,  7. 
Calendar — Inter-date,  10. 

California  Bank  Act,  190.     See  Bank  Act,  California. 
California  banks,  list,  366. 
California — Chronology  of,  11. 
California  Spanish  land  measure,  26. 
Capacity — Measure  of — Metric  system,  22. 
Capitalization — Banks  and  insurance  companies,  52. 

CAETWRIGHT  ACT,  184. 

Agreements  permitted,  186. 

Books  and  papers,  186. 

Contracts  in  violation  void,  187. 

Dissolution  for  violation,  185. 

Foreign  corporations  amenable,  186. 

Indictment,  186. 

Injunction,  186. 

Labor  not  a  commodity,  188. 

Notice  by  attorney  general,  187. 

Penalty,  186. 

Person  defined,  188. 

Proof,  186. 

Provisions  cumulative,  187. 

Suits  by  persons  injured,  188. 

Title  of  act,  184. 

Trust  certificates,  187. 

Trust  defined,  184. 
Chronology  of  California,  11. 
Circular  measure,  23. 
City  taxes — Synopsis  of  laws,  180. 

CIVIL  SERVICE  ACT. 

Appointees,  report  of,  401. 
Appointments,  396. 
Classification  of  positions,  398. 
Creation  of  commission,  392. 
Definitions,  391. 
Depositions,  395. 
Duties  of  commission,  393. 
Efficiency  records,  393. 
Employees,  392. 
Emergency  appointments,  400. 
Examinations,  393,  399. 
Exempt  positions,  398. 
False  marking,  403. 
Headquarters,  392. 


INDEX.  1513 


[References  are  to  Pages.] 
CIVIL  SERVICE  ACT— Continued. 

Hearings,  394. 

Investigations,  393. 

Laborers,  401. 

Meetings,  396. 

Misdemeanor,  405. 

Official  roster,  402. 

Payment  of  compensation  by  appointing  power,  404, 

Pay-rolls,  402. 

Political  assessments,  403. 

Political  promises,  404. 

Political  recommendation,  404. 

Probationary  appointments,  398. 

Promotions,  400. 

Eeligious  recommendation,  404. 

Eeport,  396. 

Eules,  394. 

Soliciting,  403. 

State  officers,  396. 

Suspension,  401. 

Temporary  appointments,  400. 

Tenure  of  office,  400. 

Witnesses,  395. 

Witness'  fees,  405. 

Written  charges,  401. 
Civil  service,  constitutional  provisions,  391. 

CIVIL  SERVICE  RULES. 

Absence  without  leave,  413. 
Amendments  to  rules,  416. 
Applicants,  405. 
Applications,  405, 
Appointments,  410. 
Certifications,  408. 
Character,  405. 
Credentials,  405. 
Dismissals,  415. 
Efficiency  records,  411. 
Eligible  registers,  408. 
Emergency  appointments,  411. 
Examinations,  406. 
Failure  to  respond,  409. 
Labor  applications,  406. 
Leave  of  absence,  413. 
Meetings,  415. 
Promotion,  414. 
Public  inspection,  416. 
Qualifications,  405. 


1514  INDEX. 

[References  are  to  Pages.] 
eiVIL  SERVICE  RULES— Continued. 

Eeduction  in  force,  413. 

Eeinstatement,  414. 

Eeport  of  appointment,  411. 

Temporary  appointments,  410. 

Transfer,  414. 

Trials,  415. 

Waiver  of  certification,  409. 
Competition,  unfair,  188. 
Consolidated  calendar— 1890-1920,  7. 
Convenient  equivalents — Water  measurement,  28. 
Convicts — Table  of  credits  to,  34. 
Credits  to  convicts — Table  of,  34. 
Corporation  fees  and  taxes,  52. 
Corporations — Annual  license  tax,  foreign. 
Corporations — Foreign  tax  on  stocks  of,  58. 
Corporations  liable  to  tax  under  excise  tax  law  of  1909,  125. 
Corporations — Original  license  fees,  foreign  corporations,  56. 
Corporations — Table  of  organization  fees,  domestic,  54. 
County  indebtedness,  1913,  182. 
County  taxes — Synopsis  of  laws,  176. 
Cubic  measure,  23. 
Currency  Act — 1913,  334. 
Damage  table,  30.  i 

DEBRIS  LAW. 

Act  to  create  the  California  Debris  Commission    and  regulate  hydraulic  min- 
ing in  the  State  of  California,  582. 
Affidavits,  584. 
Annual  report,  583. 
Appointment,  582. 

California  Debris  Commission  created,  582. 
Certain  hydraulic  mining  permitted,  582. 
Commencement  of  works,  585, 
Compensation,  582. 
Duty  of  commissio-n,  582. 
Examination  pending  publication,  584. 
Favorable  decisions  within  thirty  days,  585. 
Hearings,  584. 

Hydraulic  miners  must  file  petition  with  Commission,  584. 
"Hydraulic  mining,"  583. 
Injurious  hydraulic  mining  prohibited,  582. 
Improving  navigability  of  rivers,  582. 
Joint  petition,  584. 
Jurisdiction,  582. 

Mining  claim  owners  requiring  a  common  dumping  ground,  584. 
Navigability  of  rivers,  584. 
Notice  of  petition,  584. 


INDEX.  1515 

[References  are  to  Pages.] 
DEBRIS  LAW— Continued. 

Noting  condition  of  navigable  channels,  583. 

Order  directing  methods  of  mining  conditions,  etc.,  585. 

Organization,  582. 

Plans,  582,  584. 

Plans,  etc.,  to  be  submitted  to  commission,  585. 

Procedure,  582. 

Eules,  582. 

Surrender  to  United  States  of  right  to  regulate  the  working,  etc.,  584. 

Surveys  of  storage  sites  for  debris,  reservoirs,  etc.,  583. 

Taxes  on  gross  proceeds,  585. 

Use  of  other  processes,  etc.,  not  affected,  584. 
Decisions,  treasury — -Excise  tax  law,  125. 
Deductions  allowed,  excise  tax  law  of  1909,  129. 
Depreciation — Excise  tax  law  of  1909,  132. 
Depreciation  in  coals,  minerals,  etc.,  excise  tax  law  of  1909,  134. 

DESERT  LAND  LAWS. 

Abandonment  of  project,  805. 

Assignment  of  entry,  806. 

Assignment  recognized,  807. 

Declaration,  802. 

Desert  lands,  803. 

Entryman  hindered  by  withdrawal  or  irrigation  project,  805. 

Entryman  must  be  resident  citizen,  805. 

Entry  of  desert  lands  restricted  to  surveyed  public  lands,  806. 

Expenditures,  804. 

Extension  of  time,  806. 

Map,  803. 

Notice  of  fraud,  807. 

Patent,  804. 

Patent   to   assignee,  807. 

Persons  permitted  to  complete  title  notwithstanding  contest,  807. 

Preference  right,  806. 

Belief  "of  assignees  in  Imperial  county,  807. 

Eights  heretofore  accrued,  804. 

Second  desert  land  entry,  806. 

States  affected,  803. 

DESERT  LAND   REGULATIONS. 

Actual  tillage,  797. 

Afl&davit  showing  right  to  be  excused,  801. 

Application  for  extension,  799. 

Contests  and  relinquishments,  800. 

Desert  land   entries  within   a  reclamation  project,  800. 

Engineer's  report,  801. 

Entryman  may  proceed  independently,  802. 


1516  INDEX. 

[Beferences  are  to  Pages.] 
DESERT  LAND  REGULATIONS— Continued. 

Pantrymen  wlio  expect  to  secure  water  from  the  government,  802. 

Extension  of  time  for  making  annual  proof,  801. 

Extension  of  time  in  submitting  proof  under  certain   conditions,  798. 

Fees  and  commissions,  800. 

Final  certificate  to  heirs  or  devisees,  799. 

Final  proof,  801. 

Final  proof  on  entry  prior  to  act  of  March  28,  1908,  799. 

Irrigation,   cultivation   and   water  rights,  796. 

Main  and  lateral  ditches,  796. 

Making  proof,  796. 

Notice  of  abandonment  of  project,  802. 

One-eighth  portion  irrigated,  796. 

Payments,  799. 

Persons  affected,  800. 

Previous  rulings  vacated,  802. 

Eeclamation  project  carried  to  completion,  802. 

Relinquishments,  800. 

Steps  required  by  laws  of  State  for  securing  right  to  water,  797. 

Testimony,  796. 

Time  not  computed,  801. 

Where  final  proof  not  made  within  four  years,  798. 

Where  no  final  adjudication  of  water  right  can  be  secured,  798. 
Diagram  of  legal  subdivisions  of  section,  26.  , 

Divorce  laws — Synopsis  of,  37. 

DOLLAR  A  DAY  PENSION  ACT. 

Agents  not  entitled  to  compensation,  except,  684. 

Checks  to  be  transmitted  by  mail,  684. 

Commissioner   to    keep   record   and    furnish    copies,  684. 

Date  of  commencement,  683. 

Dates  of  payment,  684. 

Double  pensions  prohibited,  683. 

For  service  m  Mexican  war,  683. 

Fractional   payments   authorized,  684. 

Pensions — Allowed  at  age  of  sixty-two  for  service  in  Civil  War — Allowed  for 
disability,  683. 

Pensions  to  be  paid  without  separate  vouchers,  except,  684. 

Present  pensioners  and  applicants  entitled,  683. 

Provisions  extended  to  certain  classes  of  beneficiaries,  684. 

Rank  in  service   not   considered,  683. 

Restriction,  683. 

Secretary  to  group  pensioners,  684. 
Domestic  weights  and  measures,  23. 
Dry  measure,  23.  - 

Employers'  liability,  418.     See  Industrial  Accidents. 

Excise  tax  law  of  1909,  112. 

Excise  tax  law  continued  in  force  for  part  of  1913,  103. 


INDEX.  1517 

[References  are  to  Pages.] 
Excise  tax  law — Synopsis  of  decisions,  125. 
Experience  table  of  mortality — American,  29. 

Federal  corporation  excise  tax,  113. 

Federal  income  tax  law — Scope  and  operation,  80. 

FEDERAL  INCOME  TAX  LAW. 

Additional  officials,  102. 

Additional  tax,  85. 

Amendments  to  Eevised  Statutes,  99. 

Annual  list,  99. 

Annual  return  of  corporations,  95. 

Appropriation,  102. 

Arbitrary  assessment,  100.  ) 

Assessments,  89. 

By  whom  tax  withheld,  108. 

Capital  stock — Eeturn  of,  96. 

Certificate  by  member  of  partnership,  110. 

Certificate  of  foreign  bond  owner.  111. 

Certificate  where  corporation  not  subject  to  tax  at  source,  107. 
I         Certificate  where  coupon  not  accompanied  with  certificate  of  owner,  107. 

Certificates  claiming  exemption,  105. 

Certificates  to  secure  tax  exemption  on  foreign  items,  109. 

Corporate  net  income,  93. 
i         Corporations — Assessment  of,  98. 

Corporations — Payment  of  tax  by,  98. 

Corporation  tax,  92. 

Deductions  allowed,  86. 

Deduction  at  source,  treasury  instructions,  104. 

Divulging  information,  99. 

Excise  tax  continued  in  force  temporarily,  103. 

Exemptions,  87. 

Expenses — Return  of,  96. 

False  return — Penalty,  98. 

First  collecting  agency,  105. 

Fiscal  agencies,  105. 

Foreign  insurance  company — Net  income,  94. 

Foreign  items — Eecord  by  licensee,  109. 

Form  of  returns,  88. 

Future  contracts  to  release  payment,  91. 

Gross  income — Return  of,  96. 
!        Indebtedness — Return  of,  96. 

Inspection  of  returns,  98. 

Interest  coupons  not  taxed  at  the  source,  106. 

Interest — Return  of,  97. 

Interest  when  deducted  as  expense,  93. 

Invalid  provisions,  104. 

Investigations,  99. 

Jurisdiction  of  District  Courts,  101. 


1518  INDEX. 

[References  are  to  Pages.] 
TEDEEAL  INCOME  TAX  LAW— Continued. 

License  to  collect  foreign  payments,  91. 

List  of  tax  collections  on  foreign  items,  108. 

Losses — Keturn  of,  96. 

Mutual  fire  insurance  companies — Net  income,  93. 

Mutual  fire  insurance  companies — Return,  96. 

Mutual  marine  insurance  companies — Net  income,  93. 

Mutual  marine  insurance  companies — Eeturn,  96. 

Neglect  to  make  return — Penalty,  91. 

Net  income  defined,  86. 

Net  income — Eeturn  of,  97. 

Net  income,  what  excluded,  87. 

Nonresidents,  net  income  of,  87. 

Nonreturn,  penalty,  98. 

Normal  income  tax,  85. 

Omission  to  obtain  license  to  collect  foreign  items — Penalty,  109. 

Partnerships,  110. 

Payment  at  source,  89. 

Payment  at  source  restricted  to  normal  tax,  91. 

Period  of  computation,  95. 

Philippines,  101. 

Porto  Rico,  101. 

Provisions  continued  in  force,  101. 

Receipts  for  taxes,  101. 

Refusal  to  make  return — Penalty,  91. 

Registered  interest,  105. 

Returns,  87. 

Returns,  form  of,  88. 

Returns — Inspection  of,  98. 

Returns — Transmission  of,  97. 

Rules  and  regulations,  how  prescribed,  91. 

State  defined,  98. 

Taxes — Return  of,  97. 

Tax,  how  computed,  87. 

Temporary  certificate,  112. 

Treasurer's  instructions,  104. 

When  act  effective,  104. 

Withholding  tax,  treasury  instructions,  104. 

United  States  defined,  98. 

FEDERAL  RESERVE  ACT. 

Acceptance  of  terms,  335. 

Allowance  for  directors,  341. 

Annual  dividend,  343. 

Application  blank  for  certificate  of  stock,  338. 

Appointive  members  of  federal  reserve  board,  346. 

Ballot,  341. 

Bank  defined,  334. 


INDEX.  1519 

[References  are  to  Pages.] 
FEDERAL  RESERVE  ACT — Continued. 

Bank  not  to  transact  business  until  authorized,  339. 

Board  defined,  335. 

Board  of  directors,  339. 

Branch  banks,  337. 

Branch  offices,  337. 

By-laws  for  government  of  application  by  State  banks,  345. 

By-laws,  339. 

Call  for  meetings  by  committee,  342. 

Cancellation  of  shares,  343. 

Candidates  for  director,  340. 

Capital,  337. 

Capital  of  applying  bank,  345. 

Capital  stock,  342. 

Certificate  of  increase  of  capital  stock,  342. 

Certificate  showing  geographical  limits  of  districts,  338. 

Certificate  showing  reduction  of  capital  stock,  343. 

Circulating  notes,  339. 

Classes  of  members,  340. 

Contracts,  339. 

Conversion  of  State  banks,  344. 

Decrease  of  capital  stock,  342. 

Discrimination,  339. 

Directors  of  branch  banks,  337 

Directors,  how  chosen,  340. 

Dissolution  not  to  impair  remedy,  336. 

District  defined,  335. 

District  reserve  electors,  340. 

Dividend,  343. 

Divisions,  340. 

Division  of  earnings,  343. 

Election,  341. 

Exemption  from  taxation,  344. 

Failure  to  signify  acceptance,  336. 

Federal  reserve  agent,  341. 

Federal  reserve  board,  346. 

Federal  reserve  cities,  335. 

Federal  reserve  districts,  335. 

Franchise  tax,  343. 

Governor  of  federal  reserve  board,  346. 

Groups,  340. 

Incidental  powers,  339. 

Increase  of  capital  stock,  342. 

Insolvency  of  member  bank,  343. 

Manager,  338. 

Members,  340. 

Member  banks,  340. 


1520  INDEX. 

[References  are  to  Pages.] 
FEDERAL  RESERVE  ACT— Continued. 

Member  bank  defined,  335. 

Name  of  federal  reserve  bank,  335. 

National  bank  defined,  335. 

National  banking  association  defined,  335. 

Net  earnings,  343. 

Noncompliance  with  act,  336. 

Officers  and  employees,  339. 

Organization  certificate,  338. 

Organization  committee,  335. 

Preferential  ballot,  341. 

Prohibitions  of  member  banks,  345. 

Powers,  338. 

Public  stock,  337. 

Public  subscription,  336. 

Keports  by  State  member  banks,  345. 

Kepresentative  may  not  be  member,  officer  or  director,  340. 

Eeserve  bank  defined,  335. 

Eules  and  regulations  governing  State  member  banks,  345. 

Eules  and  regulations  governing  transfers  of  stock,  337. 

Seal,  339. 

Senator  may  not  be  member,  oflficer  or  director,  340. 

Shares  of  member  banks,  342. 

Shareholder's  liability,  336. 

State  banks  as  members,  344. 

Stock,  336,  337. 

Stock  issues,  342. 

Subscribed  capital,  337. 

Succession,  339. 

Suits,  339. 

Surrender  of  stock  on  reduction  of  capital,  343. 

Suspension  of  State  member  banks,  345. 

Term  of  directors,  342. 

Title,  334. 

Transfers,  337. 

United  States  stock,  337. 

Vacancies  in  board  of  directors,  342. 

Violation  of  act,  336. 

Voting  power,  337. 
Foreign  coins — Values  of,  24. 
Franchise  tax  law,  140.     See  State  Taxes. 

General  information  regarding  State  taxes,  171. 
Glass— Owen  Act,  334. 

GUARANTIES. 

General  guaranty,  944. 

General  guaranties,  together  with  specific  guaranties,  945. 


INDEX.  1521 

[References  are  to  Pages.] 


GUARANTIES— Continued. 
Specific  guaranty,  944. 
Proof,  945. 

Holidays — Legal,  18. 

Income  tax  law,  85.     See  Federal  Income  Tax. 
Income  tax  law — Scope  and  operation,  80. 

INDUSTRIAL  ACCIDENTS. 

Accounts,  444. 

Act  in  force,  1914,  461. 

Acts  repealed,  461. 

Additional  interests,  469. 

Adjacent  States,  468. 

Advisers,  449. 

Amendments,  464. 

Answer,  431. 

Appeals,  464. 

Appropriation,  461. 

Assignments,  433. 

Assumption  of  liability  by  insurance  carrier,  438. 

Attorney's  fee,  433. 

Attorney,  420. 

Average  weekly  earnings,  428. 

Award,  432. 

Awards,  463. 

Bakers,  confectioners,  etc. — Schedule,  481. 

Blasting,  470. 

Books,  421. 

Burden  of  proof,  450. 

Burial  expenses,  433. 

Chauffeurs,  469. 

Chemical — Coach — Electric — Schedule,  483. 

Chemical  paint  and  drug  schedule,  482. 

Classification,  470. 

Clerical  office  employees,  467. 

Coach,  carriage  and  wagon  schedule,  483. 

Commutation,  436. 

Conditions  of  compensation,  422. 

Contempt,  455. 

Contract  exempting  employer,  435. 

Contractor's  liability,  434. 

Contractors'  schedule,  470. 

Constitutionality,  460. 

Death  benefit,  425. 

Death,  437. 

Definitions,  418. 
96 


1522  INDEX. 

[References  are  to  Pages.] 
INDUSTRIAL  ACCIDENTS— Continued. 

Departments,  421. 

Depositions,  454,  463. 

Disability  indemnity,  423. 
.  Divulging  information,  450. 

Draughtsmen,  470. 

Electric  schedule,  483. 

Election  on  part  of  employer,  460. 

Election  to  come  under  this  act,  460. 

Election  to  come  under  act,  460. 

Employee  defined,  423. 

Employee  deemed  to  have  accepted,  460. 

Employer  defined,  423. 

Employers  engaged  in  interstate  commerce,  460. 

Estates,  465. 

Evidence,  454. 

Examination  by  physician,  430. 

Examiner,  463. 

Exceptions,  464. 

Executive  officers,  467. 

Extension  of  time,  427,  464. 

Farms,  465. 

Findings,  432,  459. 

Further  powers,  451. 

General  instructions,  465. 

General  notice,  465. 

Hearing,  431. 

Instructions  and  schedules,  465. 

Insurance  not  affected,  437. 

Insurance  policy,  438. 

Investigating  cause  of  accident,  450. 

Investments,  444. 

Joinder  of  parties,  462. 

Judgment,  432. 

Jurisdiction,  451. 

Leather  and  shoe  schedule,  484. 

Lectures,  449. 

Limitation  of  proceedings,  426. 

Limited  and  unlimited  insurance,  469. 

Limited  compensation  policy,  439. 

Loading  and  unloading,  468. 

Lumber  schedule,  486. 

Lump  sum  deposit,  437. 

Manager  of  insurance  fund,  420. 

Mandamus,  459. 

Measure  of  indemnity,  424. 

Meat,  packing-house  and  stockyard  schedule,  486. 

Medical  aid,  466. 


INDEX.  1523 

[References  are  to  Pages.] 
INDUSTRIAL  ACCIDENTS— Continued. 
Metal  schedule,  486. 
Milling  schedule,  493. 
Minimum  premiums,  465. 
Minimum  premium,  $3,  470. 
Minimum  premium,  $1.50,  481,  482. 
Mining  (except  coal)  schedule,  494. 
Miscellaneous  schedule,  495. 
Misrepresenting  pay-roll,  445. 
Monthly  estimate,  443. 
Museums  of  safety,  449. 
Notice  of  accident,  430. 

Notice  of  liability  of  insurance  carrier,  439. 
Not  voted  active,  461. 
Office  of  industrial  accident  board,  461. 
Office,  420. 

Oils,  etc.,  schedule,  500. 

Ore,  reduction  and  concentration  schedule,  502. 
Paper  schedule,  503. 
Parties  to  proceedings,  462. 
Pay-roll,  466. 
Permanent  disability,  437. 

Persons  conclusively  presumed  dependent,  429. 
Pleadings,  431,  462. 
Policies,  443. 
Posting  of  notices,  462. 
Pottery  and  glass  schedule,  504. 
Powers  of  commission,  419. 
Powers  of  manager  of  insurance  fund,  441. 
Powers,  420,  422. 
Preliminary,  461. 

Presumption  that  rules  are  reasonable,  449. 
Printing  schedule,  505. 
Protection  of  employees,  446. 
Protective  devices,  446. 
Public  corporation  may  insure,  444. 
Public  officers  to  transmit  applications,  444. 
Quarterly  reports,  445. 
Quorum,  419. 
Eailroads,  470. 
Eates,  fixing,  442. 
Eates,  466. 
Eeference,  453. 
Eeferees,  453. 
Eehearing,  456. 
Eeport  of  accident,  450. 
Eeports,  462. 


1524  INDEX. 

[References  are  to  Pages.] 
INDUSTRIAL  ACCIDENTS— Continued. 

Report  to  the  governor,  461. 

Eeview,  433,  459. 

Residences,  465. 

Rubber  and  composition  goods  schedule,  506. 

Rules  of  evidence,  454. 

Safety  devices,  446. 

Salaries,  421. 

Satisfaction  of  judgment,  433. 

Seal,  420. 

Secretary,  420. 

Service  of  notice,  order  or  decision,  451. 

Service  of  pleadings,  463. 

Settlement  agreement,  436. 

Schedule  of  compensation,  423. 

State  compensation  insurance  fund,  440. 

Stay  of  execution,  433. 

Stay  of  proceedings,  459. 

Stenographic  reporter,  463. 

Stevedore  schedule,  506. 

Stone  schedule,  507. 

Stipulations,  464. 

Subrogation  of  employer,  435. 

Superintendent  of  department  of  safety,  421. 

Superior  Court  powers,  455. 

Teams,  467. 

Temporary  cover,  442. 

Terms  construed,  446. 

Textile  schedule,  508. 

Tobacco  schedule,  510. 

Vessel  schedule,  511. 

Violation  of  safety  provision,  450. 

Warehouse  and  store  schedule,  511. 

Weekly  loss  in  wages,  429. 

Witnesses,  454. 

Wood  schedule,  515. 
Inheritance  Tax  Act  of  1893,  59. 
Inheritance  Tax  Act  of  1905,  60. 
Inheritance  Tax  Act  of  1911,  60. 
Inheritance  Tax  Act  of  1913,  62. 
Inheritance  taxes — Rates  and  exemptions,  77. 
Inheritance  tax  table — 1913,  61. 
INHERITANCE  TAX  ACT. 

Action  for  recovery  of  tax,  75. 

Action  quieting  title,  75. 

Appraisers,  appointment  by  controller,  71. 

Appraisers,  appointment  by  Superior  Court,  72. 


INDEX.  1525 


[References  are  to  Pages.] 
INHERITANCE  TAX  ACT— Continued. 
Appraisers,  powers,  72. 
Bond  for  deferred  payment  of  tax,  66. 
Certificate  where  no  tax  due,  73. 
Citation  where  no  proceedings  pending,  74. 
Commissions,  bequest  in  lieu  of,  63. 
Consent  of  controller  to  delivery  of  property,  71. 
Construction  of  act,  78. 
Contemplation  of  death  defined,  61. 
Contingency  defeating  or  diminishing  interest,  67. 
County  Treasurer  defined,  61. 

County  Treasurer  to  account  to  State  Treasurer,  77. 
Decedent  defined,  61. 
Deduction  of  tax  from  legacy,  68. 
Delay,  excuse  for,  66. 
Delivery  of  property  to  executor,  70. 
Discount,  66. 

District  Attorney  to  prosecute  actions,  76. 
District  Attorney  defined,  61. 

Estate  capable  of  being  divested,  how  taxed,  68. 
Estate  defined,  61. 

Estate  for  years,  tax  on,  when  due,  66. 
Estates  in  expectancy,  how  appraised,  67. 
Excuse  for  delay,  66. 
Exemptions,  65. 
Fees  of  treasurer,  77. 

Forfeit  by  officer  who  fails  to  perform  duty,  78. 
General  fund,  78. 

Grift  of  power  of  appointment,  62. 
Interest,  66. 

Jurisdiction  of  Superior  Court,  72. 
Lien  for  taxes,  63. 

Limitation  of  action  to  recover  tax,  63. 
Notice  of  filing  report  of  appraiser,  73. 
Notice  to  treasurer  on  delivery  of  property,  71. 
Notice  to  controller  on  delivery  of  property,  71. 
Objections  to  report  of  appraiser,  73. 
Order  confirming  report  of  appraiser,  73. 
Order  to  refund  tax,  69. 
Payment  to  treasurer,  69. 

Penalty  for  delivery  of  property  without  notice,  71. 
Power  of  appointment,  gift  of,  62. 
Power  to  sell  to  pay  tax,  69. 
Primary  rates,  64. 
Kates  of  tax,  64. 
Keceipt  in  triplicate,  69. 
Kefund  by  order  of  court,  69. 


1526  INDEX. 

[References  are  to  Pages.] 
INHERITANCE  TAX  ACT— Continued. 

Eepealing  clause,  78. 

Report  of  appraiser,  73. 

Return  on  estate  for  years  or  expectancy,  67. 

Return  of  tax  on  defeated  or  diminished  interest,  67. 

Special  counsel,  77. 

Standard  of  mortality,  68. 

Standard  of  value,  68, 

State  school  fund,  78. 

Stock,  transfer  by  foreign  executer,  70. 

Subpoena  by  appraiser,  73. 

Summons  in  actions  to  recover  tax,  76. 

Summons  in  actions  to  quiet  title,  76. 

Tax  on  excess,  65. 

Transfer  by  resident,  61. 

Transfer  defined,  61. 

Transfer  by  nonresident,  61. 

Transfer  in  contemplation  of  death,  62. 

Transfer  in  trust,  tax  how  estimated,  67. 

Transfer  of  stock  by  foreign  executor,  70. 

Transfer  subject  to  charge,  63. 

Transfer,  tax  on,  61. 

Value  of  interest,  how  estimated,  67. 

When  payable,  66. 
Insurance  companies — Minimum  capitalization,  52. 
Inter-date  calendar,  10. 
Interest  rates — Table  of,  36. 
Inventories — Excise  tax  law  of  1909,  128. 

Land  measure,  California  Spanish,  26. 

Land  subdivisions — Public,  25. 

Law  and  motion  days,  17. 

Legal  holidays,  18. 

Legal  subdivision  of  section — Diagram  of,  26. 

Length — Measures  of — Metric  system,  22. 

Linear  measure,  California  .Spanish  land,  26. 

Liquid  measure,  23. 

Long  measure,  23. 

Mariner's  measure,  23, 

Measure,  California  Spanish  land,  26. 

Measure — Surveyor's,  25. 

Measures  and  weights — Domestic,  23. 

Measurements — Miner's  inch,  27. 

Measurements,  water — Convenient  equivalents,  28. 

Metric  system,  22. 

Miner's  inch  measurements,  27. 

Minimum  capitalization,  52. 


INDEX.  1527 

[References  are  to  Pages.] 
MINING  LAWS— ^AMFORNIA. 

Abandoned  mines,  573. 

Allotment  of  expenses  for  constructing  common  dumps,  etc.,  586. 

Amended  notice,  569. 

Application,  591. 

Application  to  lease  lands,  579. 

Apportionment  of  payment  to  original  owners,  586. 

Appropriations  from  Debris  Fund  to  be  expended  in  restraining  works,  etc., 
above  head  of  navigation,  etc.,  588. 

Approval  or  rejection  of  application,  579. 

Ascertainment  and  payment  of  tax,  587. 

Boilers,  576. 

Books  and  balance-sheets  to  be  kept  by  secretary,  566. 

Boundaries,  568,  569. 

Character  of  land  referred  to  court,  573. 

Code  of  mine  bell  signals,  576. 

Commission  may  consult  with  State  Commission  of  Engineers,  588. 

Completion  of  works,  585. 

Conditions,  etc.,  as  to  commencing  operations,  585. 

Contract  in  writing,  when  binding,  572. 

Consolidation  of  mining  corporations,  565. 

Copies,  575. 

Copies  of  records  as  evidence,  571. 

Covering  or  fencing  of  abandoned  mines,  573. 

"Debris  Fund"  created,  587. 

Delinquent  co-owners,  notice  to,  570. 

Effect,  573,  574. 

Effect  on  mining  districts,  571. 

Eight  hour  law,  581. 

Enforcement  of  orders,  586. 

Examination  of  statement,  579. 

Expenditures  from  same  by  the  commission,  587. 

Express  agreement  not  necessary  to  constitute,  572. 

Extracting  minerals  from  waters,  578. 

Extraction  of  minerals  from  waters  of  stream  or  lake,  578. 

First  payment,  580. 

Forfeiture  for  violating  conditions,  586. 

Hoisting  machinery,  575. 

Hydraulic  mining,  567. 

Inside  overseer  duties,  575. 

Instructions  to  owners  and  operators,  589. 

Lease  to  rights  of  way,  580. 

Leases  of  lakes  and  streams,  the  waters  of  which  contain  minerals  in  com- 
mercial quantities,  578. 

Liabilities,  574. 

Liability  of  presidents  and  directors,  567. 

Lien  of  partners,  572. 

Limit  of  debris  washed  away,  586. 


1528  INDEX. 

[References  are  to  Pages.] 
MINING  LAWS— CALIFORNIA— Continued. 
Lode  claims,  how  located,  567. 
Maintenance,  etc.,  586. 
Map,  574. 

Meaning  of  hydraulic  mining,  567. 
Mill  site,  location  of,  569. 
Mill  sites,  567. 

Mine  partnership  property,  572. 
Mining  claims,  567. 
Mining  corporations,  565. 
Mineral  lands  in  school  sections,  573. 
Miner's  lien,  581. 

Mines  on  unoccupied  public  lands,  573. 
Modes  of  escape,  574. 
Modification  of  orders,  586. 
Money  advances  from  mine  owners,  587. 
Neglect  to  perform  development  work,  571. 
Owner,  575. 

Owners  of  majority  of  shares  govern,  573. 
Partnership  not  dissolved  by  sale  of  interest,  572. 
Penalties,  573,  581,  582. 
Period  of  employment,  581. 
Placer  claim,  location  of,  568. 
Profits  and  losses,  how  shared,  572. 
Protection  of  coal  mines  and  coal  miners,  574. 
Protection  of  miners,  574. 
Purchaser  takes,  subject  to  liens,  unless,  etc.,  572. 

Recommendations  adopted  and  made  the  ba-sis  of  operations,  588. 

Recorder's  fee,  570. 

Record  of  location,  568,  569,  570. 

Record  of  work,  570. 

Records  to  be  received  in  evidence,  571. 

Refund  of  same,  587. 

Rental,  579. 

Regulations,  etc.,  587. 

Reservations  to  State,  580. 

Right  of  action,  576. 

Right  of  stockholders  to  visit  mine  with  expert,  567. 

Royalty,  579. 

Shafts  or  outlets,  575. 

Sixteenth  and  thirty-sixth  sections  open  to  exploration,  573. 

Statement  to  be  filed  with  County  Assessor  and  State  Controller,  571 

Stock  issued  at  transfer  agencies,  565. 

Subsequent  petitioners  to  pay  for  dumping  privilege,  586. 

Supervision  and  inspection,  585. 

Surveyed  claims,  569. 

Survey  of  lands,  579. 

System  of  mine  bell  signals,  576. 


INDEX.  1529 

[References  are  to  Pages.] 
MINING  LAWS— CALIFORNIA— Continued. 
Takes  with  notice  of  lien,  when,  572. 
Tax  on  gross  jjroceetls  of  hydraulic  mines,  587. 
Telephone  system,  581. 
Telephone  system  in  mines,  581. 
Termination  of  lease,  580. 
Transfer  agencies,  565. 
Tunnel  rights,  567. 
Tunnel  right,  location  of,  568. 
Use  of  public  lands  and  material,  587. 
Ventilation,  575. 

Violation  of  this  act  a  misdemeanor,  587. 
Visiting  mines,  587. 

Water  may  be  taken  only  under  this  act,  578. 
Waters  containing  minerals  withdrawn  from  sale,  578. 
When  a  mining  partnership  exists,  572. 
When  tax  is  paid,  587. 

Where  hydraulic  mining  can  be  carried  on,  567. 
Willful  injury  to  works  a  misdemeanor,  587. 
Work  to  cease  upon  service  of  notice,  586. 
Yearly  work  required,  570. 

MINING  LAWS  AND  REGULATIONS— UNITED  STATES. 

Abstract  in  Alaska,  540. 

Additional  land  districts  and  officers,  power  of  the  President  to  provide,  526. 

Additional  recitals  necessary,  544. 

Adverse  claims,  548. 

Adverse  claim,  proceedings  on,  520. 

Adverse  claim  verified  by  agent,  520. 

Adverse  claim,  where  filed — How  verified,  548. 

Affidavit  of  citizenship  by  individual,  546. 

Affidavit,  before  whom  taken,  546. 

Affidavits  of  publication  and  posting,  542. 

Amended  surveys  ordered  on  special  instructions,  563. 

Amended  survey,  how  made,  563. 

Amended  survey,  field-notes,  how  prepared,  563. 

Annual  expenditure  not  involved  on  application  for  patent,  543. 

Annual  labor,  530. 

Appeal,  556. 

Application  for  appointment,  555. 

Application  and  patent  for  mill  site,  545. 

Application  by  trustee,  543. 

Application  for  entry  or  patent  limited  to  one  location,  535. 

Application  for  segregation  of  agricultural  and  mineral  lands,  procedure  on, 

537. 
Application  must  disclose  known  lodes  included  in  claim,  533. 
Applications   for    agricultural    entry   where    patent    applications    for   mineral 

claims  have  been  filed,  537. 


1530  INDEX. 

[References  are  to  Pages.] 
MINING  LAWS  AND  REGULATIONS— UNITED  STATES— Continued. 

Appointment  of  surveyors,  555. 

Appointment  of  surveyors  for  survey  of  mining  claims  and  charges,  550. 

Approval,  556. 

Approval  for  publication  when  refused,  540. 

Area,  how  stated,  561. 

Bearings,  560. 

Certified  copy  of  judgment-roll,  549. 

Certified  copy  of  location  notice,  539. 

Certificate    of    court,  548. 

Certificate  of  surveyor-general,  541. 

Certificate  where  suit  not  commenced,  549. 

Character  of  newspaper,  541. 

Charter  of  corporation  to  be  filed,  546. 

Citizenship,  546. 

Classes  of  mining  claims,  528. 

Completion  after  adverse  claim  filed,  543. 

Conformation  to  public  surveys,  534. 

Conformity  not  required,  where,  534. 

Conformity  of  placer  claims  to  surveys,  limitation  of  claims,  523. 

Conformity  of  placer  claims  to  surveys,  limit  of,  522. 

Connection  survey,  536. 

Contents  of  notice,  541. 

Connections  and  hearings,  559. 

Connections  with  other  surveys,  560.  i 

Construction  of  monument,  559. 

Contents  of  adverse  claim,  548. 

Contents  when  naturalized  or  intention  declared,  546. 

Contiguous  locations,  557. 

Corner  No.  1,  how  connected,  558. 

Corner  No.  1,  how  established,  559. 

Corners,  how  constructed,  560. 

Corners  not  to  be  changed,  558. 

Corroborative  testimony,  548. 

Costs  where  action  brought  and  title  not  established  in  either  party,  527. 

Courses  to  refer  to  true  meridian,  558. 

Defaulting  co-owners,  518. 

Defining  location,  530. 

Deposit  for  survey,  550. 

Description  of  mining  vein  or  lode  claims,  521. 

Description  of  survey,  561. 

Description  of  vein  or  lode,  538. 

Descriptive  report  on  placer  claims,  563. 

Discovery,  532. 

Discovery  work,  530. 

Disputed  charges  for  field  work,  556. 

Duties  of  mineral  surveyors,  557. 

Duty  of  register  in  sending  up  papers,  547. 


INDEX.  1531 

[References  are  to  Pages.] 
MINING  LAWS  AND  REGULATIONS— UNITED  STATES— Continued. 
Each  location  to  be  given  separate  corner  No.  1,  561. 
Effect  of  decision  that  land  is  mineral,  553. 
Effect  of  failure  to  prosecute  application,  543. 
Egress  and  ingress  of  settlers  within  reservations,  etc.,  554. 
Entries,  when  allowed,  547. 
Erroneous  surveys,  563. 

Establishment  of  new  mineral  monument,  559. 
Estimate  of  value  of  improvements,  562. 
Existing  rights,  526. 

Expenditure  on  lode  claim  where  mill  site  included  in  survey,  562. 
Expenses  of  survey,  how  paid,  523. 
Exorbitant  charges,  551. 
Fees  of  registers  and  receivers,  551. 
Field-notes  on  joint  survey,  by  whom  made,  563. 
File  plat,  field-notes,  notice,  affidavit  of  posting,  538. 
Forest  reservations,  554. 

Forest  reservations,  when  to  be  established,  554. 
General  accountability  of  surveyor,  564. 
General  provisions,  555. 

Grant  of  lands  to  States  or  corporations,  526. 
Hearings,  551. 

Hearings  to  determine  character  of  lands,  551. 
How  marked,  560. 

Improvements  to  be  located  and  numbered,  562. 
Indorsement  of  certificate,  542. 
Instructions  to  mineral  surveyors,  556. 
Lands  chiefly  valuable  for  building-stone,  528. 
Lands  returned  as  agricultural,  552. 

Lands  returned  as  mineral  by  the  surveyor-general,  551. 
Lateral  extent  of  claim,  529. 

Length  of  mining  claims  upon  veins  or  lodes,  517. 
Lines  of  conflicting  surveys,  561. 
Location,  530. 

Location  never  to  exceed  one  hundred  and  sixty  acres,  534. 
Location  notice,  additional  data,  530. 
Location  notice,  recording,  530. 
Locations,  how  marked,  518. 

Locators'  rights  of  possession  and  enjoyment,  518. 
Lode  claims,  528,  535. 

Lode  sites  and  mill  sites,  how  distinguished,  561. 
Lost  or  destroyed  records,  540. 
Marking  placer  locations,  534. 

Maximum  charges  for  newspaper  publications,  550. 
Maximum  locations  permissible,  534. 
Maximum  size  of  lode  claim,  529. 
Method  of  survey,  557. 


1532  INDEX. 

[References  are  to  Pages.] 
MINING  LAWS  AND  REGULATIONS— UNITED  STATES— Continued. 

Mill  sites,  545. 

Mill  sites  must  be  nonmiueral,  545. 

Mineral  entries,  how  numbered,  547. 

Mineral  lands,  how  set  apart  as  agricultural  lands,  526. 

Mineral  lands  in  which  no  valuable  mines  are  discovered  open  to  home- 
steads, 525. 

Mineral  lands  in  forest  reserves  subject  to  location,  555. 

Mineral  lands  open  to  purchase  by  citizens,  517. 

Mineral  lands  withheld  from  entry  as  agricultural  lands,  551. 

Mineral  lands  reserved,  517. 

Mineral  lands  within  national  forests,  555. 

Mining  laws  extended  to  saline  lands,  528. 

Mineral  surveyors,  appointment  and  bond,  550. 

Money  expended  on  tunnel,  518. 

Nature  and  extent  of  mining  claims,  528. 

Necessity  for  annual  labor  terminates  with  entry,  531. 

Necessity  for  discovery,  530. 

Notice  of  filing  by  register  or  receiver,  549. 

Notice  of  tunnel  location,  how  given,  532. 

Notice  to  delinquent  co-owner,  531. 

Notice  to  railroads,  540,  541. 

Number  of  appointments  unlimited,  556. 

Number  of  survey,  536. 

Oath  accompanying  application  for  patent,  535.  ' 

Oil  location  entries,  533. 

Order  of  dismissal,  549. 

Owners  of  tunnels,  rights  of,  518. 

Patent  for  mill  site  by  nonowner  of  lode,  546. 

Patents  for  placers,  when  no  survey  necessary,  543. 

Patents,  pre-emptions  and  homesteads  subject  to  vested  and  accrued  water 
rights,  525. 

Patents  for  mineral  lands,  how  obtained,  519. 

Patents  for  nonmineral  lands,  524. 

Patents  to  conform  to  official  monuments,  521. 

Parties  not  to  assist  in  making  surveys,  564. 

Payment   for   land,   affidavit    of   charges   and   fees — Issuance    of   patent,  542. 

Pending  applications,  522. 

Placer  claims,  532,  543. 

Placer  entries  for  building-stone,  532. 

Plat — When  necessary,  548. 

Policy  of  government  as  to  shape  of  locations,  534. 

Possessory  right,  547. 

Possessory  right,  how  limited,  529. 

Posting  plat  and  notice,  538. 

Proceedings  for  patent — Price  of  placer  claims,  544. 

Proceedings  for  patent  for  placer  claim,  etc.,  523. 


INDEX.  1533 

[References  are  to  Pages.] 
MINING  LAWS  AND  REGULATIONS— UNITED  STATES— Continued. 

Procedure  to  obtain  patent  to  mineral  lands,  535. 

Preliminary  plat,  562. 

Proof  of  citizenship,  517. 

Proof  of  improvements,  533. 

Proof  required,  547. 

Protest  against  patent,  grounds  of — Who  may  protest,  542. 

Protest  by  railroad,  541. 

Publication  of  notice  of  application,  541. 

Records  of  surveys,  556. 

Recording  notice  of  tunnel  location  and   sworn  statement,  532. 

Regulations  made  by  miners,  518. 

Relation  of  survey  to  location,  558. 

Reliability  of  abstract,  540. 

Relinquishment  not  accepted,  549. 

Regulations,  528. 

Regulations  under  Saline  Act,  535. 

Relocation,  when  permitted,  531. 

Report  of  survey,  536. 

Reservation  in  patents  for  right  of  way  for  ditches  and  canals  constructed, 

527. 
Reservoir  sites,  527. 

Restoration  of  mineral  or  agricultural  lands  to  the  public  domain,  554. 
Return  by  surveyor  must  be  signed,  556. 
Rights  of  tunnel  proprietors  to  blind  lodes,  531. 
Rules  of  practice,  551. 
Schedule  of  charges  for  office  work,  556. 

Scope  of  duty  of  Secretary  of  Agriculture,  how  limited,  555. 

Section  lines,  562. 

Should  show  date  when  existence  of  minerals  first  known,  552. 

•Single  locations  only  permitted,  535. 

Site  to  be  chosen,  how,  559. 

Status  of  lode  claims  enlarged  by  extralateral  right,  528. 

Stay  of  proceedings,  549. 

Subdivision  of  ten  acre  tracts,  522. 

Supplemental  abstract,  539. 

Supplemental  proof  of  expenditure,  562. 

Survey  and  plat  must  be  filed  after  recording  of  location  notice,  536. 

Survey  and  price  per  acre,  545. 

Survey,  how  made,  557. 

Survey,  plat  and  field-notes,  535. 

Survey  to  be  sworn  to,  553. 

Survey  to  segregate     agricultural  and  mineral  lands,  553. 

Surveys  in  suspended  and  regular  townships,  559. 

Surveys  in  suspended  townships,  558. 

Surveys  of  mining  claims,  538,   555. 

Surveys  to  show  course  of  vein,  558. 

Surveyor-general's  certificate,  upon  what  based,  542. 


1534  INDEX. 

[References  are  to  Pages.] 
MINING  LAWS  AND  REGULATIONS— UNITED  STATES— Continued. 

Surveyor-general  to  appoint  surveyors  of  mining  claims,  523. 

Surveyor  not  allowed  to  prepare  papers,  551. 

Surveyors  for  each  mining  district,  550. 

Suspension  and  revocation,  556. 

Sworn  statement  accompanying  field-notes,  539. 

Ten  acre  tracts,  how  described,  533. 

Ten  acre  tracts  are  legal  subdivisions,  533. 

Testimony  on  hearing  as  to  agricultural  character,  552. 

Testimony  on  hearing  as  to  mineral  character,  552. 

Testimony  as  to  nonmineral  character,  546. 

Testimony,  where  taken,  547. 

Timber  on  the  public  domain  for  mining  and  domestic  purposes,  526. 

Title  by  adverse  possession,  547. 

Title-page  of  field-notes,  562. 

Topographical  features  and  improvements.  561. 

Town  sites  on  mineral  lands  authorized,  527. 

Tunnels,  531. 

Transfer  of  national  forests,  555. 

United  States  not  responsible  for  cost  of  survey,  557. 

Use  of  timber  and  stone,  555. 

Use  of  timber,  etc.,  by  settlers,  etc.,  554. 

Verification  of  affidavits,  524. 

Verification  by  agent,  548.  i 

Verification  by  surveyor-general,  553. 

Vested  rights  to  use  of  water  for  mining,  525. 

What  conditions  of  sale  may  be  made  by  local  legislature,  525. 

What  evidence  of  possession,  etc.,  to  establish  a  right  to  a  patent,  523. 

What  included  in  estimate  and  what  excluded,  562. 

Where  made,  548. 

Where  veins  intersect  or  unite,  524. 

Who  may  locate,  529. 

Witness  corners,  560. 
Mortality — American  experience  table  of,  29. 
Motion  days,  17. 

NATIONAL  BANK  ACT. 

Acts  of  a  general  nature  and  sections  of  the  Eevised  Statutes,  not  included 
in   the   National   Act,   affecting  national  banks,   318. 

Act  February  8,  1875 — Banks'  returns — Payment  of  tax  penalties,  319. 

Act  February  8,  1875 — Tax  on  notes  of  State  banks,  municipal  corporations, 
etc.,  used  as  circulation  and  paid  out  by  banks,  319. 

Act  May  1,  1886,  269. 

Act  January  12,  1895,  267. 

Act  April  28,  1902— Report  of  Comptroller,  267. 

Act  May  22,  1908 — Additional  Deputy  Comptroller  of  the  Currency,  266. 

Act  March  2,  1911,  334. 


INDEX.  1535 

[References  are  to  Pages.] 
NATIONAL  BANK  ACT— Continued. 

Acts  of  the  Comptroller  of  the  Currency  and  Treasurer  of  the  United  States 

under  this  act  to  be  approved  by  the  Secretary  of  the  Treasury,  295. 
Additional  central  reserve  cities,  300. 
Additional  circulation,  how  treated — Limit  to  amount  of  circulation  issued  to 

each  bank — Limit  to  total  amount  outstanding  under  this  act,  293. 
Additional  reserve  cities,  298. 

Aggregate  amount  of  circulating  notes  not  limited,  286. 

All  suits  under  banking  law  in  which  the  United  States  or  any  of  its  officers 
or  agents  are  parties  to  be  conducted  by  District  Attorneys  under  the 
supervision  of  the  solicitor  of  the  treasury,  318. 
Amount  of  bonds  required  to  be  on  deposit — Reduction  of  amount  or  retire- 
ment in  full  of  circulating  notes,  283. 
Amount  of  redemption  fund,  294. 
Annual  examination  of  bonds  by  association,  281. 
Appointment  and  duties  of  receivers,  312. 
Appointment  of  examiners — Compensation,  317. 
Appointment  of  monetary  commission,  295. 
Approval  of  request,  316. 

Assessment   for  failure  to   pay  up   capital   stock  or  for  impairment  of  capi- 
tal, 303. 
Associations  must  not  loan  on  or  purchase  their  own  stock,  302. 
Authorizing  coinage  of  standard  silver   dollars   and  making  them  legal  ten- 
der—Act February  28,  1878,  322. 
Banks  other  than  national  in  District  of  Columbia  (See  §  714,  Code  District 

of  Columbia),  266. 
Bonds  forfeited  if  circulation  is  dishonored — Examination  by  special   agent, 

310. 
Bonds  may  be  sold  at  private  sale,  311. 
Bureau  of  the  Comptroller  of  the  Currency,  265. 
Canceled  and  silver  certificates  issued,  330. 

Certificate  of  authority  to  commence  banking  to  be  issued,  284. 
Certified   checks   drawn    on   national   and   State   banks   receivable   for   duties 

on  imports  and  internal  taxes,  334. 
Certified  copy  of  organization  certificate  as  evidence,  318. 
Charter  number  to  be  printed  on  notes,  286. 

Circulating  notes  to  be  redeemed  in  lawful  money  of  the  United  States,  295. 
Circulation  when  exempted  from  tax,  319. 
Clerical  force  for  redemption  of  circulating  notes,  298. 
Clerks,  266. 

Comptroller  of  the  Currency,  265. 

Comptroller  to  determine  if  association  can  commence  business,  283. 
Conditions   under   which   banks   belonging   to   national    currency   associations 

may  take  out  additional  circulation,  290. 
Consent  of  two-thirds  necessary,  270. 

Conversion  of  national  gold  banks  into  currency  banks,  288. 
Conversion  of  State  banks  into  national  banking  associations,  277. 
Corporate  powers  of  association,  268. 


1536  INDEX. 

[References  are  to  Pages.] 
NATIONAL  BANK  ACT— Continued. 

Counterfeiting  national  bank  notes,  325. 

Creditor's  bill  against  shareholders,  313. 

Currency  Act,  approved  March  14,  1900,  328. 

Debts  not  affected  by  change,  269. 

Delivery  of  circulating  notes,  284. 

Demand  treasury  notes,  322. 

Deposit  of  bonds  required  before  issue  of  circulating  notes,  279. 

Deposit  of  lawful  money  to  redeem  circulation,  309. 

Deputy  Comptroller  of  the  Currency,  265. 

Destroying  and  replacing  worn-out  and  mutilated  notes,  287. 

Destruction  of  redeemed  notes,  310. 

Disposal  of  redeemed  notes — Regulations  for  redemption  records,  312. 

Disposition  of  redemption  account,  299. 

Dissenting  shareholders  may  withdraw,  272. 

Dissolution  of  banks  not  extending  prior  to  succession,  272. 

Distinctive  paper  for  printing  notes,  286. 

District  Attorney  to  conduct  suits  when  United  States  is  a  party,  318. 

Dividends,  301. 

Dividends — Distribution  of  assets  of  insolvent  banks,  312. 

Divisions  of  issue  and  redemption  established,  329. 

Duty  of  disbursing  officers,  323. 

Duty  of  treasurer,  assistant  treasurer,  etc.,  to  return  notes  of  failed  or  liqui- 
dating banks  to  treasury  for  redemption,  309. 

Election  of  directors,  275. 

Election  of  president  of  the  board,  276. 

Embezzlement,  abstraction,  willful  misapplication,  false  entries,  etc.,  304. 

Enforcing  tax  on  circulation,  308. 

Equitable  distribution  of  notes,  294. 

Examination  of  plates  and  dies,  286. 

Examination  of  registry  and  bonds,  281. 

Exchange  of  coupon  for  registered  bonds,  280'. 

Excise  tax  on  corporations,  333. 

Executors,  trustees,  etc.,  not  personally  liable,  277. 

Expenses  of  act,  295. 

Expenses  of  commission,  295. 

Extension  of  corporate  existence,  270. 

Failure  to  make  return — Commissioner  to  estimate,  320. 

Federal  Reserve  Act,  334. 

Fees  and  expenses,  313. 

Filing  vacancies,  276. 

Forfeiture  of  charter — Individual  liability  of  directors,  316. 

Forgeries,  frauds,  etc.,  325. 

Forging  or  counterfeiting  United  States  securities,  325. 

Formation  of  national  banking  associations,  268. 

Formation  of  national  currency  associations,  289. 

For  what  demands  national  bank  notes  may  be  received,  287,  322. 


INDEX.  1537 

[Beferences  are  to  Pages.] 
NATIONAL  BANK  ACT— Continued. 

Fraudulent  notes  to  be  so  marked  by  United  Stateg  officers  and  officers  of 
national  banks— Act  June  30,  1876,  328. 

General  provisions  respecting  bonds,  281. 

Gold  certificates— Act  July  12,  1882,  322. 

Gold  coin  of  the  United  States,  321. 

Gold  dollar  declared  to  be  standard  unit  of  value,  328. 

Government  depositaries,  323. 

Half-yearly  return  of  circulation  (deposits  and  capital  stock),  307. 

How  certificate  shall  be  acknowledged  and  filed,  268. 

How  payment  of  capital  stock  must  be  made  and  certified,  273. 

Increase  of  capital  stock,  274. 

Increase  or  reduction  of  deposit  to  correspond  with  capital,  280. 

Individual  liability  of  shareholders,  276. 

Issue  of  gold  certificates,  304. 

Issue  of  gold  certificates  payable  to  order,  330. 

Issue  of  post  notes,  etc.,  prohibited,  287. 

Issue  of  silver  certificates,  331, 

Issue  of  treasury  notes,  332. 

Issuing  circulation  of  expired  associations,  penalty  therefor,  327. 

Interest-bearing  notes,  322. 

International  bimetalism,  332. 

Interest  in  national  banks  prohibited,  266. 

Interest  on  public  deposits,  277. 

Joint  resolution  March  4,  1907,  267. 

Jurisdiction  of  Circuit  Court  to  enjoin  Comptroller,  318. 

Lawful  money  reserve  to  be  determined  by  deposits,  297. 

Legal  tender,  321. 

Legal  title  of  bonds  deposited  to  secure  additional  circulation — Assignment 
of  bonds  by  Treasurer  to  be  countersigned  by  the  Comptroller  of  the 
Currency,  293. 

Limitation  of  liabilities  which  may  be  incurred  by  any  one  person,  com- 
pany, etc.,  301. 

Limitation  of  visitorial  powers,  317. 

Limitation  upon  rate  of  interest  which  may  be  taken,  300. 

Limit  to  issue  of  notes  under  five  dollars,  286. 

List  of  shareholders,  305. 

Maceration  of  national  bank  notes,  287. 

Manner  of  making  transfers  of  bonds,  280. 

May  change  name  and  location,  269. 

Minor  coins,  322. 

National  Bank  Act,  268. 

National  banking  associations  to  be  depositaries  of  public  moneys,  277,  324. 

National  bank  notes  and  notes  and  certificates  of  the  United  States  circulat- 
ing as  currency  subject  to  State  taxation — Act  August  13,  1894,  321. 

National  banks  deemed  citizens  of  States  in  which  located,  270. 

National  banks  may  increase  capital  stock,  274. 
97. 


1538  INDEX. 

[Beferences  are  to  Pages.] 
NATIONAL  BANK  ACT— Continued. 

National  banks  not  permitted  to  make  contributions  in  connection  with 
election  to  political  office,  305. 

National  banks  not  required  or  permitted  to  redeem  their  circulating  notes 
elsewhere  than  at  their  own  counters  or  at  the  treasury  of  the  United 
States,  300. 

National  banks  to  take  notes  of  other  national  banks  at  par,  300. 

National  currency  associations — The  issue  of  additional  national  bank  circu- 
lation, and  creating  a  National  Monetary  Commission,  289. 

No  deposit  required  for  consolidation,  309. 

No  release  from  liabilities,  270. 

No  reserve  need  be  held  against  deposits  of  public  money,  297. 

No  tax  to  be  paid  by  insolvent  banks,  308. 

Notice  of  transfer  to  be  given  to  association  interested,  280. 

Notice  of  voluntary  liquidation,  309. 

Notice  to  creditors  of  insolvent  banks  to  present  claims,  312. 

Notice  to  present  circulation  for  redemption — Cancellation  of  bonds,  311. 

Oath  required  from  directors,  275. 

Obligations  of  the  United  States  defined,  325. 

Obligations  of  United  States  exempt  from  taxation,  321. 

Obtaining  and  issuing  circulating  notes,  279. 

Organization  and  powers,  268. 

Organization  of  associations  to  issue  gold  notes,  288. 

Panama  Canal  Bonds — Additional  issue  authorized  at  rate  of  interest  not  to 
exceed  three  per  cent  per  annum,  333. 

Panama  Canal  Bonds  have  all  rights  and  privileges  accorded  to  other  twa  per 
cent  bonds  of  the  United  States,  279. 

Panama  Canal  Bonds  issued  under  act  of  August  5,  1909,  not  receivable  as 
security  for  the  issue  of  circulating  notes  to  national  banks,  334. 

Payment,  316. 

Penalty  for  dealing  in  counterfeit  circulation,  327. 

Penalty  for  failure  to  make  reports,  306. 

Penalty  for  failure  to  make  return,  307. 

Penalty  for  falsely  certifying  checks,  304. 

Penalty  for  having  such  impressions,  327. 

Penalty  for  imitating  bank  circulation — Use  of  same  for  advertising  pur- 
poses, 289. 

Penalty  for  issuing  circulating  notes  to  unauthorized  associations,  289. 

Penalty  for  misapplication  of  money  order  funds,  323. 

Penalty  for  mutilating  circulation,  289. 

Penalty  for  passing  counterfeit  circulation,  326. 

Penalty  for  taking  unlawful  interest — Jurisdiction  of  suits  by  or  against 
national  banks,  301. 

Penalty  for  taking  unauthorized  impression  of  tools,  326. 

Penalty  for  unauthorized  deposit  of  public  monej^,  324. 

Penalty  for  unauthorized  receipt  or  use  of  public  money,  324. 

Place  for  redemption  of  circulating  notes  to  be  designated,  299. 


INDEX.  1539 

[Eeferences  are  to  Pages.] 
NATIONAL  BANK  ACT— Continued. 
Place  of  business,  296. 

Plates  and  dies  to  be  under  control  of  the  Comptroller,  286. 
Power  to  hold  real  property,  273. 

Powers  of  commission — Commission  to  report  to  Congress,  295. 
Printing  denominations  and  form  of  the  circulating  notes,  285. 
Proceedings  if  shareholder  fails  to  pay  installments,  274. 
Proceedings  where  no  election  is  held  on  the  proper  day,  276. 
Prohibition  against  uncurrent  notes,  303. 

Prohibition  upon  withdrawal  of  capital — Unearned  dividends  prohibited,  302. 
Protest  of  bank  circulation,  3.10. 

Provisions  for  deposits  by  certain  postmasters,  323. 

Provisions  for  redeeming  circulation — Five  per  cent  redemption  fund,  297. 
Publication  of  certificate,  284. 
Punishment  "for  falsely  certifying  checks,  304. 
Qualification  of  Comptroller,  265. 

Reassignment  of  bonds  and  redemption  of  notes  of  liquidating  banks,  309. 
Receiver  may  purchase  property  to  protect  his  trust,  316. 
Recoinage  of  uncurrent  subsidiary  silver  coin,  331. 
Redeemed  notes  to  be  canceled,  312. 
Redemption  fund  below    requirement — Duty     of     Treasurer     of     the     United 

States,  292. 
Redemption  of  circulating  notes  issued  prior  to  extension,  272. 
Redemption  of  lost  or  stolen  notes  and  of  notes  not  properly  signed,  299. 
Reduction  of  capital  stock,  275. 
Re-extension  of  corporate  existence,  273. 
Refunding  excess  tax,  308. 
Refunding  of  United  States  bonds,  331. 

Registered  bonds  intended  by  the  terms  "United  States  bonds,"  279. 
Registry  of  transfers,  280. 
Regulation  of  the  banking  business,  296. 
Report  of  Comptroller,  266. 
Report  of  dividends,  306. 
Report  to  Comptroller  of  the  Currency,  305. 
Requisite  amount  of  capital,  273. 
Requisite  qualification  of  directors,  275. 
Requisites  of  organization  certificate,  268. 

Reservation  of  rights  of  associations  organized  under  act  of  1863,  278. 
Reserve  cities  and  reserve  requirements,  296. 
Reserve — Requirements  for  gold  banks,  288. 
Restriction  on  bank's  indebtedness,  302. 
Restriction  upon  use  of  circulating  notes,  302. 
Restrictions  on  notes  less  than  one  dollar,  321. 
Right  of  shareholders  to  vote — Proxies  authorized,  275. 
Rooms,  vaults  and  furniture  for  Currency  Bureau,  266. 
Sale  of  bonds  at  auction — First  lien  for  redeeming  circulation,  311. 
Sealed  certificates  of  Comptroller  competent  evidence,  318. 


1540  INDEX. 

[References  are  to  Pages.] 
NATIONAL  BANK  ACT— Continued. 

Seal  of  Comptroller  of  the  Currency,  266. 

Secretary  of  Treasury  to  set  apart  and  maintain  a  gold  reserve  of  one  hun- 
dred and  fifty  million  dollars  in  gold  coin  and  bullion  for  the  redemption 
of  United  States  notes  and  notes  issued  under  act  of  July  14,  1890 — May 
sell  bonds  to  replenish  reserve,  328. 

Secretary  of  the  Treasury  to  furnish  information  as  to  the  value  and  char- 
acter of  securities,  294. 

Semi-annual  return  by  banks,  320. 

Shares  of  stock  and  transfers,  273. 

Short  title,  334. 

Silver  dollar  to  remain  legal  tender,  329. 

Special  examination  of  bank  and  issue  of  certificate  of  approval  by  Comp- 
troller, 271. 

State  banks  converted  into  national  banks — Eeturns,  how  made,  320. 

State  banks  having  branches,  278. 

Status  not  changed  by  extension — Jurisdiction  of  suits  by  or  against  national 
banks,  271. 

Subsidiary  silver  coins — Act  June  9,  1879,  322. 

Subsidiary  silver  coinage,  331. 

Suspension  of  business  after  default,  311. 

Tariff  Act  approved  August  5,  1909,  333. 

Taxes  payable  to  the  United  States,  306. 

Taxes  on  insolvent  banks — Act  March  1,  1879,  321.  ^ 

Tax  on  circulation,  319. 

Tax  on  circulation  of  banks  other  than  national  banks,  319. 

Tax  on  notes  of  State  banks,  municipal  corporations,  etc.,  used  as  circulation 
and  paid  out  by  banks,  319. 

Tax  on  State  bank  circulation,  319. 

Tax  on  United  States  and  national  bank  notes,  321. 

Tax  provisions  restricted,  320. 

Transfers,  when  void — Illegal  preference  of  creditors,  317. 

Two-thirds  vote  required  for  liquidation,  308. 

United   States  notes,  322. 

United  States  notes  not  to  be  held  as  collateral,  303. 

Use  of  the  title  "National,"  317. 

Using  plates  to  print  notes  without  authority,  325. 

Verification  of  reports,  306. 

What  associations  are  governed  by  chapters  2,  3  and  4,  279. 

What  may  be  counted  as  reserve,  296. 

What  national  banks  may  apply  for  authority  to  issue  additional  circulation 
on  bonds  other  than  United  States  bonds — What  bonds  will  be  accepted 
for  such  additional  circulation,  292. 

When  act  expires  by  limitation,  296. 

When  bank  may  enjoin  further  proceedings,  312. 

When  silver  dollars  are  coined  from  bullion  purchased  under  act  of  July  14, 
1890,  an  equal  amount  of  treasury  notes  to  be  canceled,  329. 


INDEX.  1541 

[References  are  to  Pages.] 
NATIONAL  BANK  ACT— Continued. 

Where  such  proceedings  must  be  brought,  318. 

Withdrawal  of  circulating  notes  on  deposit  of  lawful  money  and  withdrawal 

of  bonds,  282. 
Withdrawal  of  additional  circulation  on  deposit  of  lawful  money  or  national 
bank  notes,  283. 

NATURALIZATION  LAWS,  611. 

Accounting  for  blanks  furnished,  599. 

Accounting  for  fees,  600. 

Act,  when  effective,  608. 

Additional  assistants,  594. 

Additional  offices,  594. 

Affidavits  of  witnesses,  596,  606. 

Alien  seamen  of  merchant  vessels,  609. 

Alien,  how  admitted,  595. 

Aliens  honorably  discharged  from  service  in  navy  or  marine  corps,  610. 

Aliens  of  African  nativity  and  descent,  608. 

Anarchists,  598. 

Appearance  by  United  States,  599. 

Appropriation,  607.  * 

Blank  forms,  595. 

Bureau  of  immigration  and  naturalization,  594. 

Cancellation  of  certificate  of  record,  602. 

Certain  certificates  of  naturalization  validated,  610. 

Certificate  from  the  department,  596. 

Certificate  of  naturalization,  606. 

Certificate  of  registry,  594, 

Children  of  persons  naturalized  under  certain  laws  to  be  citizens,  609. 

Citizenship  of  women  by  marriage,  608. 

Criminal  court  of  Cook  county,  Illinois,  610. 

Duty  of  clerk  to  file  duplicates,  etc.,  599. 

Declaration  of  intention,  595,  604. 

Declaration  in  open  court,  597. 

English  language,  598. 

Engraving  and   possession   of   plates   and   paper,  611. 

Failure  to  account  for  fees,  602. 

False  certificate,  603. 

False  personations,  611. 

False  use   of   certificate   of  naturalization,  611. 

Fees  in  excess  of  $6,000,  60-0. 

Fees,  600. 

Final  action,  597. 

Final  hearing,  598.  " 

Five  year  limitation  on  criminal  proceeding,  603. 

Foregoing  proceedings  apply  in  all  courts,  612. 

Forging,   or  counterfeiting  certificate   of  citizenship,  611. 

Forms,  604. 


1542  INDEX. 

[References  are  to  Pages.] 
NATURALIZATION  LAWS— Continued. 

Honorably  discharged  soldiers  exempt  from  certain  formalities,  608. 

Jurisdiction  extends  to  aliens  resident  within   judicial  districts,  594. 

Jurisdiction  to  naturalize  aliens,  594. 

Louisville  city  court,  610. 

Naturalization   of   Chinese   prohibited,  610. 

Naturalization  of    the    wife    and    minor    children    of    insane    aliens    making 

homestead  entries  under  the  land  laws  of  the  United  States,  608. 
Naturalization  of  widow  and  children,  597. 
Naturalization  of  persons  not  citizens  who  owe  permanent  allegiance  to  the 

United  States,  608. 
Naturalization  to  alien  enemies  prohibited,  609. 
Neglect,  599. 
Notice  by  clerk,  597. 
Not  retroactive,  604. 
Perjury,  612. 

Petitions   filed   during  term   time    or   vacation,  597. 
Petition  for  naturalization,  595,  605. 
Polygamists,  598. 

Records,  how  bound  and  numbered,  601. 
Refusal,  599. 

Registry  of  alien  after  passage  of  act,  594. 
Renunciation  of  nobility,  597. 
Residence,  how  proved,  598. 

Residence  within  the  United  States  required  for  five  years  continuously,  609. 
Secretary  of  Commerce  and  Labor  to  make  rules,  607. 
Showing  required,  597. 
Statutes  repealed,  604. 
Stub  of  certificate  of  naturalization,  607. 
Subpoena,  597. 

Suit  to   cancel  certificate,  601. 
Unlawful  collection  of  fees,  603. 
Use  of  certificate  granted  by  fraud,  612. 
Use  of  document  unlawfully  made,  612. 
Witness  fees,  600. 

Wrongful  issuance  of  certificate,  602. 
Wrongful  procuring  of  naturalization,  603. 

NATURALIZATION  REGULATIONS. 

"Abstract  of  Collections,"  619. 

Affidavits  of  substituting  witnesses,  618. 

Alien  declaring  prior  to  September  27,  1906,  613. 

Alien  declaring  after  June  29,  1906,  613. 

Aliens  declaring  after  June  29,  1906,  and  prior  to  September  27,  1906,  613. 

Aliens  declaring  prior  to  June  29,  1906,  613. 

Aliens  must  sign  names  in  full,  618. 

Aliens  under  act  of  June  25,  1910,  619. 

Application  for  blank  form,  615. 


INDEX.  1543 

[References  are  to  Pages.] 
NATURALIZATION  REGULATIONS— Continued. 

Blank  forms,  613. 

Certificates  of  naturalization,  614. 

Certificate  of  naturalization  issued  after  judge  has  signed  order,  615. 

Certified  copies  of  declarations,  617. 

Change  of  name  of  naturalized  alien,  616. 

Declarations  of  intention  furnished  in  bound  volumes,  614. 

Entry  on  original  declaration  showing  the  issuance  of  certified  copy,  617. 

Envelopes,  619. 

"Facts  for  Declaration  of  Intention,"  613. 

Fees  for  the  issuance  of  copies,  617. 

First  supply  of  blank  forms,  615. 

ForAvarding  duplicates  to  department,  618. 

Honorably  discharged  soldier,  member  of  the  navy,  or  member  of  the  marine 

corps,  619. 
Instructions,  620. 
Issuance  of  declaration  of  intention  or  certificates  of  naturalization  in  lieu 

of  declarations  or  certificates  claimed  to  have  been  lost  or  destroyed,  616. 
Naturalization  jurisdiction  of  Stat.e  courts,  613. 
Monthly  report   of  naturalization  refused,  616. 
Monthly  report  of  petition  and  hearings,  616. 
Original   declarations   surrendered   to   general   land   office,  617. 
Originals  of  the  petitions  for  naturalization,  614. 
Petitions    from    other    aliens    than    white    persons    and    persons    of    African 

nativity  or  descent,  618. 
Requisition  blanks,  615. 
Where  same  court  holds  sessions  at  different  places,  separate  supplies  kept,  615. 

Paper  measure,  23. 

PENSIONS. 

Action  upon  acceptance  of  application  for  reconsideration,  678. 

Accrued  and  reimbursed  claims,  679. 

Act  of  April  19,  1908,  669. 

Act  of  August  5,  1892,  672. 

Act  of  August  8,  1882,  679. 

Act  of  February  2,  1909,  678. 

Act  of  February  6,  1907,  663. 

Act  of  February  6,  1907,  666. 

Act  of  March  2,  1895,  679. 

Act  of  March  3,  1899,  673. 

Act  of  June  27,  189t),  as  amended  by  act  of  May  9,  1900,  666. 

Address,  665. 

Affidavits  from  surgeons  or  physicians,  681. 

Agreement  for  amount  of  fee  to  be  filed,  647. 

Amount  paid,  etc.,  to  be  deducted  from  fee,  648. 

Answer,  676. 

Application  for  renewal,  672. 


1544  INDEX. 

[References  are  to  Pages.] 
PENSIONS— Continued. 

Applications  and  attorneys,  647. 

Applications  for  allotment,  678. 

Applications  for  reconsideration,  677. 

Army  and  navy,  647. 

Articles  of  agreement,  etc.,  recognized  in  certain  claims  only,  647. 

Artificial  limbs  or  mechanical  appliances,  682. 

Attorney's  fee,  672. 

Back  pay,  extra  pay,  bounty  money  or  prize  money,  682. 

Best  evidence,  681. 

Blank  forms,  661. 

Certificate  of  service,  682. 

Certified  copies  of  declarations  and  affidavits,  681. 

Checks  to  be  returned  and  canceled,  685. 

Circumstances  under  which  wound  received,  664. 

Claim  'by  minor  alleging  pensioner  is  inmate  of  home,  673. 

Claim  by  pensioner  alleging  desertion,  673. 

Claim  by  permanently  helpless  and  dependent  child  alleging  desertion,  673. 

Claim  by  permanently  helpless  and  dependent  child  alleging  pensioner  inmate 
•      of  home,  674. 

Claim  by  wife  alleging  desertion,  673. 

Claim  by  wife  alleging  pensioner  is  inmate  of  home,  673. 

Claim  for  reimbursement,  680. 

Claimant  may  prosecute  by  attorney  or  in  person,  661. 

Claims  for  increase  of  invalid  pensions,  667. 

Claims  for  payment  of  pensions  to  wives  of  insane  pensioners,  or  to  wives  of 
pensioners  undergoing  sentence  of  imprisonment,  679. 

Claims  for  renewal  of  pension,  667. 

Claims  for  renewal  and  restoration,  672. 

Claims  for  share  of  pension  paid  to  inmates  of  the  Government  Hospital  for 
the  Insane,  678. 

Commissioned  officer — Surgeon,  665. 

Commissioner  of  pensions  may  reject  contracts  for  fees,  etc.,  649. 

Copies  or  originals  of  papers,  681.- 

Date  of  desertion,  675. 

Date  of  entrance  into  home,  675. 

Declaration  before    attorney,  680. 

Declaration,  unaccompanied  by  evidence,  674. 

Declarations  and  affidavits,  661. 

Declarations  and  evidence,  661. 

Delivery  of  checks  prohibited  in  certain  cases,  685. 

Dependent  fathers,  671. 

Dependent  mothers,  670. 

Detailed  statement  of  facts — Credibility  of  witnesses,  681. 

Disease,  664. 

Division  of  pension,  673. 

Enlisted  men  and  petty  officers,  667. 


INDEX.  1545 

[References  are  to  Pagas.] 

PENSIONS— Continued. 
Entry,  674. 
Evidence,  679. 

Evidence  executed  before  person  who  has  interest  therein,  680. 
Evidence  material,  682. 

Evidence  required  in  a  claim  for  invalid  pension,  665. 
Evidence  that  disability  originated  in  service,  665. 
Fee  for  bounty  land,  647. 
Fee  in  case  of  failure  to  file  agreement,  647. 
Fees  of  attorney  for  prosecuting  claims,  647. 
Fees  not  paid  in  certain  cases  to  be  deducted  from  pension,  647. 
Forging  indorsement,   uttering,   etc. — Penalty,  685. 
Form   of  articles  of  agreement,  648. 
Identity,  665. 

Indian  wars,  etc.,  from  1855    to  1860,  662. 
Indian  wars  from  1817  to  1858,  662. 
Indian  wars  from  1832  to  1842 — Service   pensions,  662. 
If  no  appeal  filed,  677. 
Increase  of  pension,  676. 
Interlineations  and  erasures,  681. 
Mexican  war — Service  pensions,  663. 
Minor  brothers  and  sisters,  671. 
Minor  child  physically  or  mentally  helpless,  670. 
Miscellaneous,  682. 
Military  and  medical  history,  665. 
Navy  service  pensions,  667. 

No  fee  allowed  for  arrears  of  pension,  etc.,  647. 
Notice  of  suspension,  675. 
Official  certificates,  681. 

Order  for  medical  examination  will  not  issue,  667. 
Other  persons,  665. 
Papers  or  exhibits,  681. 
Papers  should  be  clearly  specified,  682. 

Payment  to  inmates  of  National  Home  D.  V.  S.,  not  affected,  685. 
Payments  to  beneficiaries,  677. 

Penalty  for  violation  of  act  relating  to  fees  or  compensation,  649. 
Pension  to  army  nurses,  672. 

Pensions  for  disability  or  death  due  to  service  prior  to  March  4,  1861,  663. 
Pensions  to  dependent  relatives,  670. 
Pensions  to  helpless  children,  670, 
Pensions  to  invalids  since  March  4,  1861,  664. 
Pensions  to  minors  since  March  4,  1861,  669. 

Pensions  to  survivors  of  wars  prior  to  1861,  and  to  their  widows,  661. 
Pensions  to  widows  since  March  4,  1861,  668. 
Physicians,  665. 
Prima  facie  case,  673. 
Proof  of  dates  of  birth  of  children,  668. 


1546  INDEX. 

[References  are  to  Pages.] 
PENSIONS— Continued. 

Proof  of  dependence,  670. 

Proof  of  marriage,  668. 

Proof  of  service,  677. 

Eate  of  pension,  672. 

Relationship,  679. 

Request  fro-m  judge,  682. 

Restoration  of  pension,  672. 

Right  of  appeal,  676. 

Secretary  of  Interior  to  prescribe  rules  for  government  of  agents,  etc.,  in 
prosecution  of  claims,  649. 

Secretary  of  War  and  Secretary  of  Navy  to  issue  certificates  of  discharge, 
etc.,  in  true  name — Exception,  685. 

Section  4707,  Revised  Statutes,  670. 

Sections  4692  and  4693,  Revised  Statutes,  664. 

Sections  4702  and  4703,  Revised  Statutes,  668. 

Service,  664. 

Stay  pending  adjudication,  675. 

Suit— Parties— 'Court,  681. 

Suspension  of  one-half  of  pension,  674. 

Table   of  rates,  686. 

Testimony  of  persons  other  than  relatives,  680. 

To  what  extent  son  contributed,- 671. 

Upon  filing  of  appeal  payment  suspended,  677.  j 

Value  of  property,  670. 

Waiver  of  answer,  676. 

War  of  the  Revolution — Service  pensions,  661. 

War  of  1812 — Service  pensions,  662. 

Witnesses  and  testimony,  680. 

PENSIONS— ATTORNEY  FEES. 

Accrued  claims — Fee  limited,  656.' 

Appeal  must  contain  specific  assignments  of  alleged  mistakes  of  fact  or  errors 
of  law,  658. 

Appeals  under  act  of  March  3,  1899,  not  to  be  joined  with  appeals  under  other 
laws,  660. 

Appeals,  657. 

Appellant  may  apply  to  secretary  for  order  directing  commissioner  of  pensions 
to  certify  record,  etc.,  to  department  for  consideration  when  said  com- 
missioner has  decided  adversely  as  to  appellant's  right  to  appeal,  658. 

Articles  of  agreement — Attorney  to  stipulate  amounts  received,  654. 

Articles  of  agreement — Bounty  land  claims,  653. 

Articles  of  agreement — Pension  claims — Execution,  653. 

Articles  of  agreement — Pension  claims,  forms,  requirements,  653. 

Attorney  fee — Refundment  of,  658. 

Attorney  must  refund  fee  erroneously  paid,  657. 

Attorney  not  to  act  as  notary,  etc.,  or  attesting  witness,  654. 


INDEX.  1547 

[References  are  to  Pages.] 
PENSIONS— ATTORNEY  FEES— Continued. 

Attorney  suspended  or  disbarred — Appeal  by,  not  entertained,  658. 
Attorney,  when  recognized  in  case  on  appeal,  658. 
Authority  to  prosecute  claims,  652. 
Call  slips,  655. 

Cases  on  appeal  to  be  decided  in  regular  order — Motion  to  advance,  how  sup- 
ported— When  granted,  661. 
Cases  wherein  fees  are  denied,  651. 

Circular  letters,  etc.,  to  be  approved  by  commissioner  before  use,  655. 
Commissioner  of  Pensions  to  return  defective  appeal  to  appellant,  658. 
Consent  to  assignment,  653. 
Disbarment — Effect  on  payment  of  fee,  654. 

Division  of  pension,  act  March  3,  1899 — Practice — Limitation,  659. 
During  pendency  of  appeal  payment  of  one-half  of  pension  suspended — ^Limita- 
tion as  to  period  for  filing  answer,  660. 
Effect  of  neglect,  655. 
E&toppel,  655. 
Evidence,  660. 

Failure  to  furnish  evidence — Estopped,  655. 

Filed  with  Commissioner  of  Pensions — To  be  acted  on  within  thirty  days — 
If  action  be  adhered  to,  the  appeal,  report  thereon,  and  record  to  be  sent 
to  department — Docketing — Decision  to  be  on  the  record — Copy  of  deci- 
sion to  be.  sent  to  appellant  or  his  attorney,  657. 
First,  second,  and  third  provisos  of  act  March  3,  1899 — Proof   of  service  of 

notice  on  appellee  prerequisite,  659. 
Grounds  to  be  specified,  658. 

Increase  claims — Neglect  to  furnish  evidence  called  for — Effect  of,  657. 
Increase  claims  not  in  prohibited  class,  656. 

Itemized  account  of  expenses  to  be  filed  before  demanding  or  receiving  pay- 
ment, 656. 
Limitation  as  to  filing,  658. 
Limitation  as  to  filing  answer,  etc.,  660. 
Limitation — Date  of  filing,  654. 
Limitation — Title  to  fees,  654. 
No  fee  to  guardians,  655. 
Order  of  consideration  of  claims,  655. 
Penalty  for  violating  above  rule,  656. 
Power  of  attorney — Execution,  653. 

Eeconsideration  of  departmental  decisions,  motions  for — Limitations,  659. 
Kejection — Eeconsideration — Appeal,  655. 
Repeal,  657. 

Review  of  departmental  decisions  in  cases  for  division  of  pensions,  motions 
for — To  be  addressed  to  secretary — Specifications — Proof  of  service,  660. 
Rules  of  practice  'before  the  bureau  of  pensions,  652. 
Rules  of  practice  in  pension  and  bounty  land  appeals,  657. 
Rules  XIV  and  XVI,  supra,  applicable,  661. 


1548  INDEX. 

[References  are  to  Pages.] 
PENSIONS— ATTORNEY  FEES— Continued. 

Solicitation  of  services  of  United  States  officers  in  aid  of  prosecution  of  claims 

prohibited,  606. 
Suspension  of  payment  only  at  department's  direction,  661. 
Transfers  of  attorneyship,  652, 

Will  not  lie  for  refusal  to   recognize  attorney  in   case   where  law  prohibits 
fee,  658. 
Poll  tax — Synopsis  of  laws,  179. 

POSTAL  SERVICE. 

Amount  withdrawn,  709. 

Anyone  may  open  account,  709, 

Articles  other  than  letters  in  their  usual  and  ordinary  form,  723. 

As  addressed,  699. 

Assistant  Attorney  General,  692. 

Auditor  and  Chief  Inspector,  692. 

Backstamping,  705. 

Bees  (Queen),  732. 

Berries,  731. 

Blades,  732. 

Blank  application,  713. 

Bond  system,  708. 

Books,  716. 

Box  delivery,  703.  I 

Boxes,  729. 

Butter,  731. 

By  title,  699. 

Candies — Confectionery,  731. 

Castings,  732. 

Catalogues,  732. 

Certificates,  709. 

Chief  clerk,  692. 

Classification,  725. 

Clothing,  732. 

Coils,  716. 

Coin,  732. 

Collection  of  mail,  705. 

C.  O.  D.  parcels,  734.  ; 

Congress,  691. 

Cultures  and  tubercular  sputum,  732. 

Dangerous  articles,  730. 

Debtors'  mail,  701. 

Delivery,  729.  1 

Delivery  of  mail,  697. 

Deposits,  708.  ;        , 

Depositories,  708. 

Deposits  and  withdrawals,  how  made,  709. 


INDEX.  1549 

[References  are  to  Pages.] 
POSTAL  SERVICE— Continued. 
Direct  exchange,  713. 
Diseased  tissues,  732. 
Domestic  fees,  710. 
Domestic  and  foreign,  725. 
Dressed  fowls,  731. 
Dried  reptiles,  732. 
Dry-goods,  732. 
Duplicate  order,  711. 
Eggs,  731. 

Fees  on  money  orders,  712. 
Firearms,  732. 
■    First  Assistant  Postmaster  General,  691. 
First  zone,  726. 
Fish,  731. 
Flour,  731. 

For  deceased  persons,  698. 
Foreign  mail,  719. 
Foreign  money  orders,  712. 
Foreign  parcel  post,  734. 
Foreign  rates  and  classification,  720. 
Form,  709. 
Forwarding,  728. 
Forwarding  of  mail,  706. 
FourtTi  Assistant  Postmaster  General,  691. 
Fourth-class  mail  only,  725. 
Fragile  articles,  7*29. 
Fraud  orders,  697. 
Free  delivery,  701. 
Fresh  meats,  731. 
Fruits,  731. 
Furs,  732. 

General  delivery,  704. 
Handling  of  foreign  mail,  719. 
Hardware,  732. 
Hats,  732. 
Hides,  732. 
Identification,  710. 
In   apartment   houses,  699. 
In  care,  698. 
Indirect  exchange,  713. 
In  dispute,  699. 
Indorsee,  712. 
Indorsements,  711. 
Inflammable   liquids,  730. 
In   hotels,  699. 
Ink  powders,  732. 


1550  INDEX. 

[References  are  to  Pages.] 
POSTAL  SERVICE— Continued. 


Interest,  709, 

Insufficiency   prepaid   matter,   etc.,  728. 

Inviolability  of  seal,  694. 

Lard,  731. 

Legal    process,  709. 

Letter-carriers,  702. 

Letters  opened  by  mistake,  695. 

Letters  of  sealed  matter,  719. 

Liquids,  oils,  pastes,  salves,  730. 

Limit  of  value,  710. 

Live   insects,  732. 

Lotteries,  697. 

Mail,  693. 

Mail-boxes,  705. 

Mail-chutes,  706. 

Mail  matter,  693. 

Meat  and  meat  food  products,  731. 

Medicines,  729. 

Methods  of  delivery,  701. 

Minor   coins  legal  tender,  718. 

Money  order   drawn  upon  office  having  stations,  710. 

Money  orders  lost,  712. 

Money  orders  on  the  domestic  forms,  710. 

Money  order  purchased  but  not  sent,  711. 

Money  order  system,  710. 

Mutilated  or  abraded  coins  or  currency,  718. 

National  bank  notes,  732. 

On  agreement,  700. 

On  order,  700. 

Opening  accounts,  708, 

Ordinary  stamps,  715. 

Organization,  691. 

Parcel  post,  725. 

Parcel  post  stamps,  715. 

Pelts,  732. 

Pepper,  732. 

Permissible  additions,  732. 

Perishable,  729. 

Pieces    of   machinery,    etc.,  732. 

Plow-points,  732. 

Preparation  for  mailing,  729. 

Printed  matter,  721,  722. 

Prisoners'  mail,  701. 

Priority   of   name,  699. 

Proprietary,  732. 

Postage  and  classification,  713. 


INDEX.  1551 

[References  are  to  Pages.] 
POSTAL  SERVICE— Continued. 
Post  cards,  718,  732. 
Postal  cards,  717. 
Postal   savings  stamps,  716. 
Postal  savings  system,  708. 
Postage  rates  on  articles  for  Canada,  Cuba,  Mexico,  the  Republic  of  Panama 

and  the  United  States  postal  agency  at  Shanghai,  723. 
Postage  stamps,  719. 
Postmaster  General,  691. 
Postmasters,  693. 
Postoffiee  department,  691. 
Postoffices,  692. 
Publications,  692. 
Purpose,  708. 
Rates  and  postage,  726. 
Redemption,  719. 
Registry  of  mail,  707. 
Regulations   governing   delivery,  698. 
Reply  coupons,  716. 
Return   of   mail    to   sender,  704. 

Rules  apply  to  foreign  or  international  orders,  712. 
Rulings,  697. 
Rural  routes,  704. 

Sale  of  stamps,  envelopes,  etc.,  718. 
Sales  of  envelopes  and  wrappers,  718. 
Samples  of  merchandise,  719. 
Second  Assistant  Postmaster  General,  691. 
Second-class  matter  for  Canada,  723. 
Security  for  payment  of  deposits,  710. 
Seeds,  731. 

Seeds  of  fruit,  nursery  stock,  plant  products,  731. 
Sewed  bags,  729. 
Sharp  pointed  instruments^  732. 
Shoes,  732. 
Snuff,  732. 

Soap,  731.  ^  • 

Special  delivery,  702. 
•Special  delivery   of   foreign   mail.  720. 
Special  delivery  stamps,  716. 
Special  return  cards,  716. 
Specimens  of  dried  blood,  732. 
Stamped  envelopes  and  wrappers,  716. 
Stamps,  715. 

Stamps  and  stamped  paper,  715. 
Stickers,  720. 
Sunday    delivery,  701. 
Table,"  713,  720. 


1552  INDEX. 

[References  are  to  Pages.] 
POSTAL  SERVICE— Continued. 

Third  Assistant  Postmaster  General,  691. 

To  agents,  699. 

To  business  firms,  699. 

To  diseased  and  infected  houses,  701. 

To  fictitious  addresses,  700. 

To  husband  and  wife,  698. 

To  individuals,  698. 

To  minors,  698. 

To  receivers  or  assignees,  700. 

To  several  persons,  701. 

To  students,  698. 

Transfer,  709. 

Uncanceled,  unserviceable  and  spoiled  stamped  envelopes  and  newspaper  wrap- 
pers, 719. 
Undelivered  mail,  704. 
Under  sale,  700. 
Under  suit,  700. 

United  States  Naval  Hospital  at  Yokohama,  Japan,  724. 
United  States  postal  agency  at  Shanghai,  China,  724. 
Unmailable,  723. 
Unmailable  matter,  695. 
Vegetables,  731. 
Vegetables  and  fruits,  781. 

Warrant,  712,  i 

Weight  and  measurement,  725. 
Window  envelopes,  695. 
Withdrawal,  724. 
Withdrawal  of  mail,  707. 
Withdrawing  mail,  724. 
.When  not  liquid  or  liquefiable,  730. 
Where  payable,  710. 
Yeast  cakes,  731. 
Zone  system,  725. 
Publicity— Excise  tax  law  of  1909,  134. 
Public  land  subdivisions,  25. 

PUBLIC  LANDS. 

Abandonment,  758. 

Absences  permitted,  745. 

Access   to  plats   and   tract-books,  737. 

Accident  or  unavoidable  delays,  765. 

Acts  relating  to  timber  and  stone  entries,  768. 

Additional  entry  where  prior  entry  perfected  before  May  17,  1900,  762. 

Additional  homestead  entries,  741,  761. 

Additional  time  for  establishment  of  residence,  748. 


INDEX.  1553 

[References  are  to  Pages.] 
PUBLIC  LANDS— Continued. 
Adjoining  farm  entry,  742. 
Affidavit,  737,  792. 
Affidavit  by  soldier  or  sailor,  757. 
Affidavit  must  be   corroborated,  753. 

Age  limit  removed  from  certain  soldiers  and  sailors,  759. 
Alienation  after  proof  and  before  patent,  751. 
Alienation  of  land  by  homesteader,  751. 

Alienation  prior  to  proof    will  prevent  satisfactory  proof,  751. 
Annual  proof,  793. 

Any  person  not  within  excluded  classes,  739. 
Application  and  affidavits  must  recite  facts,  742. 
Application  and  sworn  statement,  770,  774. 
Application  for  reappraisement,  776. 
Applications  by  associations  and  corporations,  774. 
Applications  by  soldiers,  sailors  or  their  widows,  743. 
Applications  must  describe  acts  of  settlement,  742. 
Appraisal — Timber  and  stone  lands,  779. 
Appraisement,  775. 

Appraisement — Disagreement  between  appraising  and  approving  officers,  775. 
Appraisement — Method,  774. 

Appraisement — Notation  and  effect  thereof,  775. 
Approval,  775. 
Assignment  papers,  793. 
Assignments,  791. 

Assignments  conclusive  when  recognized,  793. 
Benefits,  how  devolved  on  death  of  soldier  or  sailo-r,  760. 
Blank  forms,  737. 

By  whom  homestead  entries  may  be  made,  739. 
Character  of  lands  subject  to  entry,  772. 
Claims,  how  initiated,  738. 
Commutation,  759,  763. 
Commutation  of  homestead  entries,  748. 
Commutation  not  allowed^  762. 
Commutation,  when  not  allowed,  749. 
Compactness,  753. 

Constructive  residence  on  certain  lands  in  Utah,  754. 
Contests  and  protests,  777. 
Cost  of  making  appraisement,  776. 
Cultivation,  745,  753,  756. 
Death  of  entryman,  756. 
Deposit,  774. 

Desert  land  regulation,  795. 
Deserted  minor  children,  740. 
Deserted  wife,  740. 
98 


1554  INDEX. 

[References  are  to  Pages.] 
PUBLIC  LANDS— Continued. 

Designation  not  conclusive,  752. 

Designation  of  appraiser,  771. 

Designation  of  lands,  752. 

Dis'position  of  application,  774. 

Distinction  between  offered  and  unoffered  lands  abolished,  770. 

Effect  of  application  to  purchase,  778. 

Enlarged  homesteads,  752,  765. 

Entries  made  prior  to  June   6,   1912,   how  perfected,  746. 

Entries  may  be  made  by  any  person,  association  or  corporation,  773. 

Entries  of  adjoining  designated  lands,  753. 

Entry  based  on  husband's  or  father's  military  or  naval  service,  746. 

Entry  by  agent,  761. 

Entry  by  assignment  equivalent  to  making  entry,  791. 

Entry  by  widow  or  minor  children  of  deceased  soldier  or  sailor,  744. 

Entry  of  lands  reclaimed  before  survey,  790. 

Entry  of  stone  lands,  778. 

Entryman  of  alien  birth,  788. 

Entryman  may  elect  to  make  proof  upon  his  entry  under  law  under  which 

same  was  made,  756. 
Evidence  of  assignment,  792. 
Expenditures  accepted,  793. 
Expenditures  not  accepted,  794. 

Expenditure  for  interest  in  irrigating  company,  794. 
Existing  pre-emption  rights,  758. 
Extension  of  time  to  commence  residence,  758. 
Failure  to  appraise,  775. 
False  swearing,  777. 
Fees,  753. 

Fees  and  commissions,  750. 
Fees  on  entries  and  final  proofs,  750. 
Final  entry,  777. 
Final  proof,  756,  777,  795. 
Final  proof  notice,  765. 
Final  proofs   on  homestead  entries,  749. 
Forfeiture,  777. 

Jj'ormer  regulations  revoked,  779. 
Form   of   application,  753. 
General  provisions,  777. 
Hearing  and  continuances,  750. 
Homestead  entries  for  areas  not  exceeding  three  hundred  and  twenty  acres, 

752. 
Homestead  entry  by  married  woman,  764. 

Homestead   entryman   elected  to   federal.   State   or   county  offices,  747. 
How  claims  under  the  homestead  law  originate,  738. 
How  determined,  775. 


INDEX.  1555 

[References  are  to  Pages.] 
PUBLIC  LANDS— Continued. 

How  homestead  entries  are  made,  742. 

How  preference  right  may  be  acquired  on  unsurveyed  land,  789. 
How  proofs  may  be  made,  749. 
How  terminated,  775. 

How  to  proceed  to  make  a  desert  land  entry,  789. 
Improperly  commuting  entries,  750. 
Improvements,  745. 

Information  as  to  character  and  occupancy  af  public  lands,  737. 
Insane  homestead  entryman,  747. 
Kind  of  land  subject  to  homestead  entry,  738. 
Land  lying  contiguous  to  original  entry,  762. 
Land  must  be  in  compact  form,  789. 
Lands  chiefly,  valuable  for  building  stone,  769. 
Lands  not  liable  for  debt,  758. 
Lands  that  may  be  entered  as  desert  land,  787. 
Lands  to  be  appraised,  774. 
Lands  which  border  upon  bodies  of  water,  787. 
Lands  which  may  not  be  entered  under  these  acts,  752. 
Laws  governing  desert  land  entries,  787. 
Leaves  of  absence,  748,  756,  764. 
List  showing  character  of  public  lands,  737. 
Manner  of  return,  775. 
Map  and  payment,  791. 
Marriage  of  entrywoman,  740. 
Married  women  may  make  entry,  739. 
Method  of  obtaining  title,  773. 

Military  bounty  land  warrants  receivable  in  payment  for  any  lands  entered 
under  the   desert  land  law,  the  timber  culture  law  and  the  timber  and 
stone  law,  769. 
Mineral  lands  excluded,  761. 
Minors  may  be  represented  by  guardian,  749. 
Mortgage  not  considered  alienation,  751. 
Must  be  accompanied  by  fee  and  commissions,  743. 
Must  be  made  personally,  749. 
No  assignable  right  prior  to  payment,  792. 
Notice,  795. 

Notice  of  application,  769. 

Notice  of  application  to  purchase  under  tim<ber  and  stone  laws,  781. 
Notice  to  applicant  of  appraisement,  780. 
Notice  of  appraisement,  776,  780. 
Notice  to  submit  proof,  795. 
Objection,  769. 

Objection  to  appraisement,  776. 

Officers  before  whom  applications  and  proofs  may  be  made,  754. 
Patent,  769. 


1556  INDEX. 

[References  are  to  Pages.] 
PUBLIC  LANDS— Continued. 

Payinent  or  i)rotest,  776. 

Penalties  for  destroying  corner  monuments,  765. 

Person  applying  to  make  affidavit,  755. 

Person  serving  in  army  or  navy,  740, 

Person  who  has  commuted  entitled  to  benefits  of  homestead  laws,  762. 

Plats,  737. 

Practice  prior  to  March  28,  1908,  792. 

Presentation  of  application,  742. 

Price  of  land,  748. 

Proof  by  settler  prior  to  June  6,  1912,  740. 

Proof  by  widow  or  minor  orphan  children,  760. 

Proof  may  be  submitted  as  soon  as  expenditures  made,  795. 

Proofs,  affidavits  and  oaths,  790. 

Proofs,  before  whom  taken — Fees,  757. 

Proofs  where  homestead  entry  made  prior  to  June  6,  1912,  745. 

Provision  for  appraisement,  772. 

Publication  of  notice  of  intention  to  make  proof,  750. 

Public  lands  unfit  for  cultivation  may  be  sold,  768. 

Quantity  of  land  that  may  be  entered,  788. 

Quarter-section  limit,  758. 

Eace  or  color,  759. 

Reappraisement,  776,  780. 

Eeduction  of  amount  of  cultivation,  745.  ^ 

Register  to  furnish  notice,  750. 

Regulations  governing  entries  and  proofs  under  the  desert  land  laws,  787. 

Regulations  under  timber  and  stone  law,  772. 

Regulations,  when  effective,  778. 

Relinquishments,  765. 

Remittances,  how  made,  751. 

Residence,  744. 

Residence  and   cultivation   required   under  the   homestead   laws,  744. 

Residence  by  soldier  or  sailor,  746. 

Residence,  occupation  and  postoffice  address,  790. 

Revised  Statutes,  755. 

Right  of  entry  after  decease  of  settler,  743. 

Right  of  entry  exhausted  how,  788. 

Right  to  transfer  for  school  purposes,  or  for  right  of  way,  755. 

Rights  after  decease   of  contestant,  744. 

Rights  after  decease  of  entryman  before  final  proof,  743. 

Rights  of  applicant,  775. 

Rights  of  settlers,  763. 

Rights  of  widows,  heirs  or  devisees  under  the  homestead  laws,  743. 

Rules  of  proof  where  original  entry  is  prior  to  June  6,  1912,  753. 

Sale  before  final  payment,  792. 

Sale  of  land  for  benefit  of  orphan  infant  children,  757. 

Second  homestead  entries,  740,  763. 


INDEX.  1557 

[References  are  to  Pages.] 
PUBLIC  LANDS— Continued. 

Settlement — Actual  residence — Entry,  738. 

Settlement  prior  to  three  year  homestead  law,  767. 

Settlement  rights  under  enlarged  homestead  acts,  767. 

Settlers  who  become  insane,  764. 

Showing  of  citizenship  on  commutation,  749. 

Showing  on  commutation,  748. 

Soldiers'  and  sailors'  declaratory  statements,  739. 

Soldiers'  and  sailors'  homesteads,  759. 

Soldier  or  sailor  making  entry  during  enlistment  in  time  of  peace,  746. 

Statement,  768, 

States  and  territories  in  which  desert  land  entries  may  'be  made,  787. 

Suggestions  to  homesteaders  and  persons  desiring  to  make  homestead  entries, 

737. 
Suspended  proofs,  794. 
Terms  "arid"  or  "nonirrigable"  land,  752. 
Terms  of  application,  790. 

Three  hundred  and  twenty  acre  limitation,  761. 
Timber  or  stone  entry,  781. 
Time  of  making,  749. 
Time  served  deducted,  760. 

Time,  place  and  method  of  making  final  proof,  777. 
Township  diagram  showing  vacant  lands,  737. 
Unusual  rainfall,  787. 
Water  right,  791. 

When  proof  is  submitted  on  both  entries  at  the  same  time,  754. 
Where  proof  is  first  made  on  the  original  entry,  754. 
Who  entitled  to  enter,  755. 
Who  may  make  desert  land  entry,  787. 
Widow,  740. 

Widow,  heirs  or  devisees  of  homestead  entryman  must  cultivate,  747. 
Widow,  heirs  or  devisee  of  settlers  must  improve  and  cultivate,  747. 

PUBLIC  UTILITIES  ACT. 

Accounting  for  overcharges  pending  review,  876. 
Accounting  for  proceeds,  866. 
Acquisition  and  transfer  of  stock,  864. 
Acquisition  of  public  utility  bj'-  municipality,  855. 
Act  of  officer  is  act  of  the  public  utility,  881. 
Additional  officers  and  employees,  836. 
Annual  report,  837. 
Appointment,  835. 
Appropriation,  883, 

Appraval  of  stocks  and  stock  certificates  and   bonds,  notes   and   other  evi- 
dence of  indebtedness,  864. 
Attorney,  835. 


1558  INDEX. 

[References  are  to  Pages.] 
PUBLIC  UTILITIES  ACT— Continued. 

Blanks,  847. 

Certified  copies  of  papers  filed  to  be  evidence,  870. 

Changes  in  schedules,  839. 

Charges,  838. 

Charges  to  be  fixed  by  commission,  848. 

Charges  to  be  uniform,  840. 

Complaints,  871. 

Completion  of  purchase,  858. 

Compliance  with   commission's   orders,  848. 

Compliance  with  reparation  order,  879. 

Commission  may  change   orders    and   decisions,  874. 

Commission  may  establish  exceptions,  842. 

Commission  shall  enforce  laws,  879. 

Commissioner,  831. 

Common    carrier,  832. 

Concurrence  in  joint  tariffs,  840. 

Conditions  of  issue  of  stock,  bonds  and  notes,  864. 

Connecting  telephone   and  telegraph   companies,  844. 

Constitutionality,  883. 

Construction,  883. 

Construction — Saving    clause — Appropriation — Eepeal,  830. 

Contempt  proceedings,  882. 

Copies   of  records,  847. 

Corporation,  831. 

Court  proceedings,  877. 

Definitions,  831. 

Depositions,  869. 

Depreciation  accounts,  862. 

Discrimination  between  utilities  inter  se  prohibited,  844. 

Divulging  information,  847. 

Duties    of   public   utilities,  829. 

Each  day  a  separate  offense,  881. 

Economies,  843. 

Effect  of  act  on  existing   powers    of   any    city   and    county,    or   incorporated 
city  or  town,  882. 

Effect  of  act  on  pending  action  and  proceedings,  883. 

Effect  of  act  on  release    of   damages,  879. 

Electrical   corporation,  833. 

Electric  plant,  832. 

Exceptions,  840. 

Excessive  or  discriminatory  charges,  877. 

Express  and  telegraph  rules  and  regulations,  854. 

Express  corporation,  832. 

False  billing,  etc.,  by  carrier  or  shipper,  844. 

False  claims  for  damages,  845. 

Fares  and  transfers  on  street  railroads,  846. 


INDEX.  1559 

[Beferences  are  to  Pages.] 
PUBIilC  UTILITIES  ACT— Continued. 
Fees,  870. 

Filing  of  interstate   tariffs,  843. 
Foreign  public  utilities  excluded,  846. 
Franchises  and   privileges,  862. 
Gas  corporation,  832. 
Gas  plant,  832. 
General  provisions,  829. 
Grade  crossings,  853. 
Health  and  safety — Safety  devices,  853. 
Hearing  and   suspension    of   rates,  873. 
Hearings,  orders  and  record,  872. 
Increases  in  rates,  873. 
Incrimination,  869. 

Inspection  of  books,  papers  and   documents,  871. 
Interstate  commerce,  883. 
Interstate  rates,  849. 

Investigation   of   accidents — Reports   to    commission,  853. 
Joint  rates,  844. 

Joint  rates    and   through   routes    on    common    carriers,  848. 
Long  and  short  distance   messages,  845. 
Long  and  short  haul  and  service,  845. 
New   construction,  862. 
No  cause  of  action  to  abate,  883. 
No  guaranty  by  State,  867. 
Notice  and  hearing,  876. 
Oath    of   office,  836. 

Office,    books    and    records    within    the    State,  871. 

Office    of   commission — Meetings — Official  seal — Supplies    and    equipment,    836. 
Orders   and   decisions   conclusive  in  collateral   proceedings,  874. 
Other  exceptions,  842. 
Penalties  cumulative,  880. 

Penalties,   violations   by   corporations   other   than   public   utilities,  881. 
Penalties,  violations  by  officers,  agents  or  employees  of  public  utilities,  881. 
Penalties,  violations  by  persons   other  than   officers,   etc.,   of   public   utilities, 

881. 
Penalties,   violations  by   public  utilities,  880. 
Penalty,  866. 
Person,  831. 
Physical  connections  and  joint  rates — Telephone  and  telegraph  corporations, 

852. 
Physical  valuation,  877. 
Pipe-line,  832. 
Pipe-line  corporation,  832. 

Power  of  commission  as  to  service,  etc.,  of  public  utilities,  854. 
Power  of  commission  to  order  additions,  improvements,  changes,  850. 


1560  INDEX. 

[References  are  to  Pages.] 
PUBLIC  UTILITIES  ACT— Continued. 

Power  cf  commission  to  order  changes  in  time  schedules  and  running  of  ad- 
ditional cars  and  trains,  850. 

Power  of  commission  to  provide  rules  for  expediting  traffic,  854. 

Power  to  require  switching  of  cars  of  connecting  railroad,  852. 

Powers   and   duties   of   railroad  commission,  829. 

Powers  of  commission,  848. 

Powers  of  commission  as  to  process — Service,  868. 

Powers  of  commission  in  presenting  crossings,  853. 

Powers  of  commission  in  investigations,  848. 

Preferences,  843. 

Proceedings  on  application  for  certificate,  863. 

Procedure   before    railroad   commission    and    courts,  830. 

Production  of  books  and  records  kept  outside  the   State,  871. 

Public  utilities  liable  for  damages,  879. 

Public  utility,  834. 

Public  utility  may  complain,  873. 

Quorum,  837. 

Bailroad,  831. 

Railroad  commission,  835. 

Railroad  corporation,  832. 

Rates  and  fares  as  published  to  be  charged,  840. 

Recording  copies,  870. 

Refusal  to  testify,  868.  , 

Rehearings,  874. 

Repeal,  884. 

Reports,  847. 

Requests  for  information,  847. 

Review,  860,  875. 

Right  of  entry,  855. 

Rules   continued  in   force,  883. 

Rules  of  hearing,  867. 

Salaries  and  expenses,  837. 

Secretary,  835. 

Service  and  facilities,  838. 

Service,  equipment,  facilities  to  be  fixed  by  the  commission,  849. 

Shippers    to   construct   spurs,  846. 

Short  title,  831. 

Sliding  scale  of  charges,  843. 

Street  railroad,  831. 

Street  railroad  corporation,  831. 

Suits  for  penalties,  882. 

Summary  proceedings,  880. 

Suspending  bond,  876. 

Suspension  of  commission's  orders,  876. 

Switch  and  spur  connections,  846. 

Switch  and  spur  connections — ^Interchange  switching  to  industrial  tracks,  851. 

Tariff  schedules,  838. 


INDEX.  1561 

[References  are  to  Pages.] 
PUBLIC  UTILITIES  ACT— Continued. 
Telegraph  corporation,  833. 
Telegraph  line,  833. 
Telephone  corporation,  833. 
Telephone  line,  833. 
Term,  835. 

Testing   measurements — Fees,  855. 
Time   of  effect,  884. 
Track  connections,  851. 

Transfer   of   property,   franchises,   etc.,  863. 
Transportation  for  commissioners,  officers  and  employees,  837. 
Transportation  of  property,  831. 
Unauthorized  issues,  866. 
Unauthorized  issues  void,  867. 
Uniform   system  of  accounts,  861. 
Use    of    joint    facilities,  852. 
Vacancy,  835. 

Valuation   of   property,  855. 
Vessel,  834. 
Warehouseman,  834. 
Water  corporation,  833. 
Water  system,  833. 
Wharfinger,  834. 
Witnesses — Attendance  and  fees,  868. 

PURE  DRUGS  LAW— CALIFORNIA. 

Acts,  when  effective,  956. 

Annual  report,  955. 

Certificate,  955. 

Concealing  evidence,  954. 

Drugs  deemed  adulterated  when,  953. 

Drugs  mislabeled  or  misbranded,  when,  953. 

Duty  of  district  attorney,  956. 

Examinations  and  analyses,  954. 

Fees,  956. 

Fines,  956. 

Guaranty  as  a  defense,  956. 

Hearing,  955. 

Manufacture,  production,  preparation,  compounding,  packing,  selling,  offer- 
ing for  sale  or  keeping  for  sale  of  drug  which  is  adulterated,  mislabeled 
or  misbranded,  952. 

Penalty,  956. 

Eeport  to  secretary  of  State  Board  of  Health,  954. 

Report  to  the  District  Attorney,  954. 

Sale  or  offering  for  sale,  954. 

Sample  of  adulterated,  mislabeled  or  misbranded  drug,  955. 

Standard  of  purity,  953. 

Term  "Drug,"  953. 


1562  INDEX. 

[References  are  to  Pages.] 
PURE  DRUGS  IiAW— CALIFORNIA— Continued. 

Term  "Misbranded,"  953. 

Term  "Package,"  954. 

PURE  FOODS  ACT— €ALIFORNIA. 

Adulterated,  mislabeled  or  misbranded,  946. 

Analyses,  949. 

Compensation,  949. 

Director,  948. 

Food  and  liquor,  when  deemed  misbranded,  947. 

Food,. when  deemed  adulterated,  946. 

Salaries,  948. 

Standard  of  purity,  946. 

State  laboratory,  948, 

Term  "Food,"  946. 

Term  "Misbranded,"  947. 

PURE  FOODS  AND  DRUGS  ACTS,  CALIFORNIA— REGULATIONS. 

Adulteration,  960. 

Alteration  and  amendment  of  regulations,  967. 

Articles  without  a  label,  963. 

Character  of  name,  962. 

Character  of  the  raw  materials,  961. 

Coating,  960. 

Collection  of  samples,  957.  ' 

Coloring,  960. 

Compounds,  imitations  or  blends  without  distinctive  name,  963. 

Confectionery,  960. 

Denaturing,  967. 

Distinctive  name,  963. 

External  application  of  preservatives,  960. 

Form  of  guaranty,  958. 

Formulas,  958. 

Hearings,  957. 

Incompleteness  of  branding,  964. 

Label,  961. 

Method  of  stating  quantity  or  proportion,  967. 

Methods  of  analysis,  957. 

Misbranding  and  mislabeling,  961. 

Mixtures  or  compounds  with  distinctive  names,  964. 

Name  and  address  of  manufacturer,  962. 

Natural  poisonous  or  deleterious  ingredients,  960. 

Preparation  of  products  for  export,  967. 

Proper  branding  not  a  complete  guaranty,  964. 

Powdering,  960. 

Publication,  958. 

Short  title  of  acts,  957. 

Staining,  960. 


INDEX.  1663 

[References  are  to  Pages.] 
PURE  FOODS  AND  DRUGS  ACTS,  CALIFORNIA— REGULATIONS— Continued. 

Standard  for  drugs,  958. 

Statement  of  weight  or  measure,  966. 

Substances  mixed  and  packed  with  foods,  960. 

Substances  named  in  drugs  or  foods,  964. 

Substitution,  964. 

Waste  materials,  964. 

Wholesomeness  of  colors  and  preservatives,  960. 

PURE  FOOD  AND  DRUG  ACT— FEDERAL. 

Act  in  force,  930. 

Condemnation,  929. 

Confectionery,  927. 

Drugs,  926,  927. 

"Drug"  and  "food"  defined,  926. 

Duty  of  District  Atttorney,  926. 

Examination    of    samples    of   imported    goods   and   proceedings   against   such 

goods,  930. 
Examinations  of  foods  and  drugs,  926. 
Food,  927,  928. 
Guaranty,  929. 

Manufacture  of  food  or  drug  which  is  adulterated  or  misbranded,  924. 
Rules  and  regulations,  925. 
Sale,  transportation,  etc.,  925. 
"Territory"  and  "person"  defined,  930. 
What  deemed  adulterated,  926. 
What  deemed  misbranded,  927. 

PURE  FOOD  AND  DRUG  ACT,  FEDERAL— REGULATIONS. 

Acts  repealed,  952. 

Adulteration,  933. 

Annual  report,  949. 

Appeal  to  the  Secretary  of  Agriculture  and   remuneration,  943. 

Appropriation,  951. 

Articles  without  a  label,  937. 

Alteration  and  amendment  of  regulations,  943. 

Bond,  imported  foods  and  drugs,  942. 

Certificate,  949. 

Character  of  name,  936. 

Character  of  the  raw  materials,  935. 

Coloring,  powdering,  coating  and  staining,  933. 

Collection  of  samples,  931. 

Compounds,  imitations  or  blends  without  distinctive  name,  937. 

Concealing  evidence,  949. 

Confectionery,  933. 

Declaration,  942. 

Denaturing,  942. 

Distinctive  name,  937. 


1564  INDEX. 

[References  are  to  Pages.] 
PURE  FOOD  AND  DRUG  ACT,  FEDERAL— REGULATIONS— Continued. 

Duty  of  District  Attorney,  951. 

Exports  and  imports  of  foods  and  drugs,  941. 

External  application  of  preservatives,  934. 

Fees,  950. 

Fines,  951. 

Form  of  guaranty,  933. 

Formulas,  933. 

General,  931. 

Hearings,  932,  950 

Imported  food  and  drug  products,  941. 

Incompleteness  of  branding,  938. 

Label,  935, 

Method  of  stating  quantity  or  proportion,  941. 

Methods  of  analysis,  931. 

Misbranding,  935. 

Mixtures  or  compounds  with  distinctive  names,  938. 

Name  and  address  of  manufacturer,  936. 

Natural  poisonous  or  deleterious  ingredients,  934. 

Notification  of  violation  of  the  law,  943. 

Original  unbroken  package,  931. 

Penalty,  951. 

Preparation  of  food  products  for  export,  941. 

Proper  branding  not  a  complete  guaranty,  938. 

Protection  by  guaranty,  951. 

Publication,  932. 

Report  to  District  Attorney,  949. 

Report  to  secretary  of  State  Board  of  Health,.  949. 

Sample  of  adulterated,   mislabeled  or  misbranded  food,  950. 

Shipment  beyond  the  jurisdiction  of  the  United  States,  943. 

Standards  for  drugs,  932. 

Statement  of  weight  or  measure,  940. 

Substances  mixed  and  packed  with  foods,  933. 

Substances  named  in  drugs  or  foods,  938. 

Substitution,  938. 

Waste  materials,  938. 

When  act  effective  as  to  manufacture,  952. 

When  act  effective  generally,  952. 

Wholesomeness  of  colors  and  preservatives,  934. 

Rates  of  interest — Table,  36. 

Regulations  under  corporation  excise  tax  law  of  1909,  119. 

RULES— JUSTICES'   COURT— SAN  FRANCISCO. 

Assignments  where  judge  is  absent,  1159. 
Calendar  of  court,  1157. 
Day  of  trial,  1157. 


INDEX.  1565 


[References  are  to  Pages.] 
RULES— JUSTICES'  COURT— SAN  FRANCISCO— Continued. 
Demurrer  and  answer,  1157. 
Jury  trials,  1158. 
Manner  of  pleading,  1157. 
Numbering  and  assignment  of  eases,  1159. 
Papers  presented  for  filing,  1157. 
Payment  of  fees,  1159. 
Precedence  of  cause  on  trial,  1157. 
Service  of  notice,  1159. 
Service  of  pleadings,  1157. 
Setting  aside  default,  1158. 
Statement  of  appeal  on  questions  of  law,  1158. 
Stipulations,  1158. 

Taxation  of  costs,  1158.  ' 

Transfer  of  causes,  1159. 
Transfers,  1157. 
Warrants  not  issued  before  11  A.  M.,  1160. 

RULES— SUPERIOR  COURT— LOS  ANGELES  COUNTY. 

Amendments  to  pleadings,  1148. 

Appeals,  1151. 

Application  for  an  order  refused,  1153. 

Application  to  advance  divorce  cases,  1152. 

Assignment  of  business,  1145. 

Attendance  of  juries,  1146, 

Attorney  not  to  be  surety,  1150. 

Cancellation  of  instruments,  115t). 

Continuances,  1152. 

Counsel  fees,  1153. 

Criminal  cases,  1146. 

Custody  of  papers,  ll'ol. 

Departments,  1144.  ' 

Ex  parte  motions,  1147. 

Failure  to  appear,  1148. 

Grand  jury,  1147. 

Guardians  ad  litem,  1150. 

Instructions  to  jury,  1147. 

Interchange  of  judges,  1144. 

Jury  trials,  1147. 

Law  and  motion  day,  1147. 

Life  estates,  homesteads  and  community  property,  1153. 

Medical  examiners  in  lunacy  cases,  1154. 

Meetings  of  judges,  1145. 

Motions,  by  whom  made,  1148. 

Motions  to  strike  out,  1152. 

Motions,  1147. 

Naturalization,  1146. 

Notice  of  motions,  1147. 


1566  INDEX. 

[References  are  to  Pages.] 
RULES— SUPERIOR  COURT— LOS  ANGELES  COUNTY— Continued. 

Orders  by  consent,  1149. 

Orders  extending  time,  1148. 

Organization  of  business — Presiding  judge,  1144. 

Payments  out  of  treasury,  1154. 

Phonograph  reporters  for  Superior  Courts,  their  appointment  and  duties,  1156. 

Phonographic  reporters  yro  tempore  for  Superior   Courts,  their  appointment, 
duties  and  compensation,  1155. 

Preliminary  restraining  orders,  1147. 

Proof  of  personal  service  in  default  cases,  1152. 

Publication  of  summons,  1151. 

Reporters'  fees,  1150. 

Requirements  as  to  documents  for  filing,  1152. 

Setting  cases  for  trial,  1149. 

Size  of  paper  for  reporters'  transcripts,  1153. 

Stipulations,  1151. 

Suretj^  company  bonds,  1154. 

Testimony  in  divorce  cases,  1149. 

Time  to  answer  or  amend  after  demurrer,  1150 

Trial  of  default  divorce  cases,  1152. 

Verification  of  pleadings,  1149. 

RULES— SUPERIOR  COURT- SAN  FRANCISCO. 

Agreements  between  parties  or  their  attorneys,  1133. 

Application  for  an  order  refused,  1129.  ' 

Application  to  amend  pleadings,  1131. 

Assignment  and  transfer  of  civil  cases,  1128. 

Attorneys  requested  not  to  be  sureties,  1137. 

Bonds  by  corporations  as  sole  surety,  1137. 

Bonds  on  partial  distribution  to  T3e  filed,  1141. 

Bonds,  1143. 

Cancellation  of  instruments  by  clerk,  1134. 

Certificate  of  counsel  to  accompany  demurrer,  1137. 

Chamber  business,  1137. 

Criminal,  1143. 

Commissions  and  interrogatories,  1135. 

Counsel  to  furnish  form  of  decree  and  of  proposed  findings,  1133. 

Departments,  1128. 

Divorce  proceedings,  1134. 

Drawing  of  grand  jurors,  1129. 

Extension  of  time,  1131. 

Filing  of  order  and  affidavit  of  arrest,  1134. 

General,  1128. 

Guardian  of  infant  defendant,  1134. 

Guardianship  proceedings,  1142. 

Indorsements,  1130. 

Interest  on  deposits  by  public  administrator,  1142. 

Jury  fees,  1132. 


INDEX.  1667 

[References  are  to  Pages.] 
RULEa— SUPERIOR  COURT— SAN  FRANCISCO— Continued. 

Jury  in  equity  cases,  when,  1132. 

Law  and  motion  days — Ex  parte  motions,  112&. 

Manner  of  making  motions,  1130. 

Motion  to  reduce  grade  of  offense,  1143. 

Motion  to  strike  out,  1130. 

Motions,  where  made,  1129. 

Motions,  1143. 

Notice  of  motion — Service  of  papers,  1129. 

Notice  to  be  given  treasurer  of  the  hearing  of  matters  involving  the  inherit- 
ance tax,  1141. 

Order  of  examination  of  witnesses  and  summing  up  on  trial  of  issues  of 
fact,  1133. 

Order  of  publication  of  summons  to  be  filed,  1130. 

Order  staying  proceedings  to  be  served,  1133. 

Papers  on  appeal — When  to  be  filed — Dismissal,  1137. 

Proposed  instructions  to  juries,  1132. 

Eeferee,  commissioner  or  bond  of  guardian  ad  litem,  1134. 

Eequirements  as  to  documents  for  filing,  1130. 

Eequirements  of  certain  orders  in  probate,  1143. 

Requisites  of  cost  bill  and  of  objections  thereto,  1130. 

Requisite  of  proper  service  of  "citations,"  1141. 

Requisites  upon  applications  for  decree  of  discharge,  1142. 

Rules  9,  10  and  12  as  applicable  to  specific  sections  of  probate  statutes — 
Notice  as  to  accounts  of  trustees — Disposition  of  life  estates  and  home- 
steads— Petitions  for  letters  of  guardianship  of  minors  or  incompetents — 
Restoration  to  capacity,  1141. 

Rules  8-11,  17-19,  as  applying  to  guardianships,  1142. 

Setting  causes  for  trial,  1132. 

Stipulation  concerning  rules,  1135. 

Substitution  of  party  in  case  of  death  or  other  disability,  1131. 

Termination  of  life  estate  or  homestead,  1135. 

Testimonj-  in  divorce  cases,  1134. 

The  selection,  drawing  and  impanelment  of  trial  jurors,  1135. 

Undertaking  on  attachment,  1134. 

When  counsel  not  to  argue  or  sum  up  to  the  jury,  1133. 

Writ  of  attachment — How  issued,  1133. 

RULES— SUPREME    COURT   AND    DISTRICT    COURTS    OF   APPEAL— CALI- 
FORNIA. 

Admission  of  attorneys,  1116. 

Applications  for  rehearing,  1125. 

Applications  for  the  transfer  of  causes,  1125. 

Authentication  of  papers,  1125. 

Bills  of  exceptions  in  criminal  cases,  1127. 

Briefs,  1117. 

Calendar,  1122. 

Calendar  for  oral  argument,  1118. 


1568  INDEX. 

[References  are  to  Pages.] 
RULES— SUPREME   COURT   AND    DISTRICT    COURTS    OF    APPEAL— CALI- 
FORNIA—Continued. 

Certificate  of  clerk  on  motion  to  dismiss,  1119, 

Clerk  may  print  transcripts  and  certify  to  same,  1121. 

Cypy  for  service  in  habeas  corpus,  1123. 

Cost  of  printing,  1121. 

Costs,  1123. 

Dismissal  of  appeal  on  stipulation,  1123. 

Dismissal  of  appeal,  1119. 

Disposition  of  papers,  1118. 

Evidence  of  service,  1117. 

Exceptions  to  transcript,  1122. 

Extension  of  time  on  briefs,  1117. 

Extension  of  time,  1117. 

Filing  of  opinions,  1125. 

Form  of  transcript,  1119. 

Indorsement  on  transcript,  1118. 

Index  and  arrangement  of  transcript,  1120. 

Inspection  of  original  papers,  1123. 

Maps,  1120. 

Memorandum  of  authorities,  1124. 

Opinion   transmitted  with  remittitur,  1123. 

Opinions  within  ninety  days  after  submission,  1124. 

Oral  argument,  1122. 

Orders  extending  time,  1118. 

Penalty  for  nonconformity  with  rules,  1120. 

Points  where  clerk  prints  record,  1121. 

Printing  of  points,  etc.,  1122. 

Eeasons  for  original  application  to  the  court  to  be  stated,  1123. 

Regular  sessions — Motions — Time  of  notice,  1122. 

Eehearings,  1124. 

Bemittiturs  and  disposition  of  copies,  1126. 

Return  and  issuance  of  writ,  1124. 

Service  of  attorney  general  where  State  or  county  is  interested,  1127. 

Settlement  of  bills  of  exceptions  on  death  of  judge,  1124. 

Stay  of  proceedings,  1124. 

Suggestion  of  death  of  party,  1122. 

Suggestion  of  diminution  of  record,  1121. 

Transfer  of  appeals  not  taken  to  the  proper  court,  1126. 

Transfer  of  causes,  records  and  papers,  1126. 

Transcript  on  hearing  in  Supreme  Court  after  decision  by  District  Court  of 
Appeal,  1127. 

Transcript,  service  and  certificate,  1121. 

Transcript,  1116. 

Twenty-one  copies  of  transcript  and  points  to  be  filed,  1117. 


INDEX.  1569 

[References  are  to  Pages.] 

EULES— UNITED  STATES  CIRCUIT  COURT  OF  APPEALS,  NINTH  CIRCUIT. 

Assignment  of  causes  for  hearing,  1095. 

Assignment  of  errors,  1(>86. 

Attorneys  and  counselors,  1085. 

Bill  of  exceptions,  1085. 

Briefs,  1091. 

Certiorari,  1088. 

Clerk,  1084. 

Copies  of  records  and  briefs,  1093. 

Costs,  1094. 

Custody  of  prisoners  on  habeas  corpus,  1095. 

Death  of  a  party,  1088. 

Dismissing  cases  by  agreement,  1089. 

Docket,  1088. 

Docketing  cases,  1087. 

Form  of  printed  records,  arguments,  briefs  and  petitions  for  rehearing,  1093. 

Interest,  1093. 

Mandate,  1094.  '• 

Marshal,  crier  and  other  officers,  1085. 

Models,  diagrams,  and  exhibits  of  material,  1095. 

Motions,  1090. 

Name,  1084. 

Objections  to  evidence  in  the  record,  1086. 

Opinions  of  the  court,  1093. 

Oral  arguments,  1092. 

Parties  not  ready,  1090. 

Photograph  of  Chinese  to  be  attached  to  bail  bond,  1096. 

Practice,  1085. 

Printing  records,  1090. 

Process,  1085. 

Quorum,  1084. 

Rehearing,  1093. 

Seal,  1084. 

Supersedeas  and  cost  bonds,  1086. 

Terms,  1084. 

Terms  and  sessions  of  the  court,  1096. 

Translations,  1087. 

Writs  of  error,  appeals,  return  and  record,  1087. 

RULES— UNITED  STATES  COURTS  OF  EQUITY. 

Absence  of  persons  who  would  be  proper  parties,  1051. 
Action  at  law  erroneously  begun  as  suit  in  equity,  1047. 
Additional  rules,  1069. 
Additional  rules  by  District  Court,  1061. 
Affirmation  in  lieu  of  oath,  1060. 
Alias  subpoena,  1046. 
Amendments  generally,  1047. 
99 


1570  INDEX. 

[References  are  to  Pages.] 
RULES— UNITED  STATES  COURTS  OF  EQUITY— Continued. 

Aniondnieut  of  bill  as  of  course,  1048. 
Answer  by  garnishees,  1067. 
Answer — Contents — Counterclaim,  1049. 
Answer  to  amended  bill,  1050. 
Answer  to  libel,  1066. 
Appeals  to  Circuit  Court,  1069. 
Appointment  and  compensation  of  masters,  1057. 

Attendance  of  witnesses  before  commission,  master  or  examiner,  1053. 
Bail  and  imprisonment  for  debt,  1069. 
Bail  bond  and  stipulation,  how  given  and  taken,  1062. 
Bail  bond  or  stipulation,  1061. 
Bill  of  complaint — Contents,  1048. 
Bills  of  revivor  and  supplemental  bills — Form,  1050. 
Books  kept  by  clerk  and  entries  therein,  1044. 
Bringing  in  other  offending  vessel  on  libel  for  collision,  1073. 
Claim — Verifications  and  stipulation,  1065. 
Claimants  before  master  examinable  by  him,  1057. 
Clerk's  office  always  open,  except,  etc.,  1044. 
Computation  of  time — Sundays  and  holidays,  1061. 
Continuances,  1054. 

Correction  of  clerical  mistakes  in  orders  and  decrees,  1058. 
Costs  on  exceptions  to  master's  report,  1057. 
Cross-libel,  1071. 
Death  of  party,  1052. 
Decree  pro  confesso,  10'66. 

Decree  for  deficiency  in  foreclosures,  etc.,  1045. 

Decree  pro  confesso  to  be  followed  by  final  decree — Setting  aside  default,  1046. 
Defect  of  parties,  1051,  1052. 

Defendant  to  answer — Default — Decree  pro  confesso,  1046. 
Defendant's  interrogatories,  1066. 
Defenses — How  presented,  1049, 
Deposition  deemed  published  w^hen  filed,  1054. 
Deposit  in  court,  1067. 

Depositions — To  be  taken  in  exceptional  instances,  1052. 

Depositions  under  Revised  Statutes,  sections  863,  865,  866,  867 — Cross-exam- 
ination, 1054. 
Discovery,  1055. 

Disposition  of  arrested  ship,  1063. 
Disposition  of  perishable  property,  1063. 
Dismissal,  1068. 

Dissolution  of  attachment,  1061. 

District  Court  always  open  for  certain  purposes — Orders  at  chambers,  1043. 
Enforcement  of  final  decrees,  1045. 
Evidence  taken  before  examiners,  etc.,  1053. 
Exceptions,  1067. 
Exceptions  to  answer,  1066. 
Execution,  1064. 


INDEX.  1571 

[References  are  to  Pages.] 
RULES— UNITED  STATES  COUTITS  OF  EQUITY— Continued. 
Execution   on  appeal,  1069. 
Failure  to  answer  certain  matters,  1066. 
Former  depositions,  etc.,  may  be  used  before  master,  1057. 
Form  of  decree,  1058. 

Further  and  particular  statements  in  pleadings  may  be  required,  1047. 
In  case  of  absence  or  sickness,  1067. 
Information  and  libels,  1064. 
Injunction  pending  appeal,  1059. 
Interrogatories,  1055. 

Inspection  and  production  of  documents,  1055. 
Interveners,  1067. 

Issue  and  service  of  mesne  process,  1061. 
Issue  of  subpoena — Time  for  answer,  1046. 
Joint  and  several  demands,  1051. 
Limitation  of  liability,  1071. 
Manner  of  serving  subppena,  1046. 
Matters  ordinarily  determinable  at  law,  when  arising  in  suit  in  equity  to  be 

disposed  of  therein,  1047. 
Master's  report — Documents  identified  but  not  set  forth,  1056. 
Moneys  paid  into  court,  1068. 
Motion  day,  1044. 

Motions  grantable  of  course  by  clerk,  1044. 
Nominal  parties,  1051. 
Notice  of  orders,  1044. 

Notice  of  taking  testimony  before  examiner,  etc.,  1054. 
No  warrant  of  arrest  for  more  than  $500,  1062. 
Officers  before  whom  pleadings  verified,  1050. 

On  expiration  of  time  for  deposition,  case  goes  on  trial  calendar,  1054. 
Parties  generally — Intervention,  1050. 
Petition  for  rehearing,  1058. 
Pleadings — Technical  forms  abrogated,  1^47. 
Powers  of  master,  1056. 

Preliminary  injunctions  and  temporary  restraining  o-rders,  1058. 
Proceedings  in  rem  or  in  personam — Suits  by  materialmen,  1063. 
Proceedings  before  master,  1056. 
Process,  by  whom  served,  1046. 

Process  in  behalf  of  and  against  persons  not  parties,  1046. 
Process  in  petitory  and  possessory  suits,  1064. 
Process,  mesne  and  final,  1045. 
Kecord  on  appeal,  1070. 
Record  on  appeal — Agreed  statement,  1060. 
Record  on  appeal — Reduction  and  preparation,  lt359. 

Record  on  appeal — Reduction  and  preparation — Costs — Corrections    of    omis- 
sions, 1060. 
Reduction  of  bond  and  new  sureties,  1062. 
Reference  to  commissioners,  1068. 


1572  INDEX. 

[References  are  to  Pages.] 
RULES— XJNITED  STATES  COURTS  OF  EQUITY— Continued. 
Reference  to  master — Exceptions,  not  usual,  1056. 
Kehearing,  1068. 
Replication,  1070. 

Repl}' — When  required — When  cause  at  issue,  1049. 
Representatives  of  class,  1051. 
Restriction  on  Rule  27,  1(>69. 

Return  of  master's  report — Exceptions — Hearing,  1057. 
Rules  of  Admiralty  Practice  on  the  instance  side  of  the  court,  in  pursuance 

of  the  act  of  the  23d  of  August,  1842,  chapter  188,  1061. 
Sales,  lt)68. 

Same — Amendments,  1065. 
Same — Contest  of  claim,  1072. 
Same — Intervention  for  delivery,  1068. 
Same — Libels  in  instance  causes,  1065.- 
Same — Objection   by  answer,  1066. 
Same — Oral  evidence,  1070. 
Same — Place  of  jurisdiction,  1072. 
Same— Proof  of  claims,  1072. 
Same — Rules  applicable  on  appeal,  1073. 
Same — Suits  founded  on  hypothecation,  1064. 
Same — Suits  on  bottomry  bonds,  1064. 
Same — Suits  for  collision,  1064. 

Same — ^Suits  for  pilotage,  1063.  i 

Same — Suits  for  salvage,  1064. 
Same — Suits  for  assault,  1064. 
Scandal  and  impertinence,  1047. 

Seizure,  custody  and  disposition  of  property,  1063. 
Signature  of  counsel,  1047. 
Stenographer — Appointment — Fees,  1053. 
Stipulations,  1065. 

Stipulatio-ns,  how  given  and  taken,  1067. 
Stockholder's  bill,  1048. 

Suit  to  execute  trusts  of  will — Heir  as  party,  1051. 
Suits  by  or  against  incompetents,  1058. 
Supplemental  pleading,  105t). 
Testing  sufl&ciency  of  defense,  1050. 

Testimony  of  expert  witnesses  in  patent  and  trademark  cases,  1053. 
These  rules  effective  February  1,  1913 — Old  rules  abrogated,  1061. 
Trial — Testimony  usually  taken  in  open  court,  1052. 
United  States,  1071. 

Where  property  in  custody  of  third  person,  1063. 
Writ  of  assistance,  1045. 

RULES— U.  S.  DISTRICT  COURT,  SOUTHERN  DISTRICT  OF  CALIFORNIA. 

Absence  of  parties  when  cause  called,  etc.,  1109. 
•    Admiralty,  1115. 


INDEX.  1673 

[References  are  to  Pages.] 
RULES— U.  S.  DISTRICT  COURT,  SOUTHERN  DISTRICT  OF  CALIFORNIA— 

Contimied. 
Agreements  must  be  in  writing,  1100. 
Amended  pleadings  engrossed,  etc.,  1110. 
Applications  to  amend  pleadings,  1109. 
Arrest  on  indictment,  order  of  course,  1112. 
Attorneys  admitted,  1099. 
Attorneys  and  counselors,  1099. 
Attorneys  not  sureties,  etc.,  1100. 
Attorneys,  when  witnesses,  etc.,  1100. 
Bankruptcy,  1114. 

Bills  of  exceptions  to  charge  of  court,  when  and  how  made,  1103. 
Bends  must  have  affidavits  or  sureties,  etc.,  1111. 
Briefs  and  records,  how  printed,  1111. 
Calendar,  when  and  how  made  up,  1108. 
Calendar,  1108. 
Calling  parties,  1101. 
Commencement  of  actions,  1100. 
Commission,  how  opened,  1106. 
Commissions  and  depositions,  1105. 
Commissions,  exceptions  to  execution  of,  etc.,  1106. 
Commissions,  how  obtained,  1106. 
Copies  of  pleadings  sefved,  1109. 
Common-law  rules,  1100. 
Costs,  clerk  may  require  deposits,  etc.,  1112. 
Counsel  must  prepare  orders,  judgments,  etc.,  1111. 
Criminal  cases,  pleas  of  misnomer  abolished,  etc.,  1112. 
Criminal  cases,  1112. 
Decisions  on  exceptions,  1107. 

Demurrers,  special  pleas,  etc.,  certificate  of  counsel,  1101. 
Depositions  of  infirm  witnesses,  1105. 
Deposits  of  money  in  court,  1110. 
Dismissal  of  actions — Failure  to  prosecute,  1100. 
Equity — Injunctions,  1113. 
Exceptions  and  new  trials,  1103. 
Exceptions,  how  taken,  1104. 
Failure  to  prosecute — Bill  dismissed,  1113. 
Filing  of  transcript  on  removal,  1114. 
Fines  and  penalties,  1113. 
Fines  and  penalties,  how  disposed  of,  1113. 
Further  proofs,  when  not  admissible,  1113. 

General  trial  calendar,  when  and  how  called  and  disposed  of,  etc.,  1108. 
General  verdicts  subject  to  opinion  of  court,  1104. 
Guardian  ad  litem,  who  and  when  appointed,  1110. 
Guardians  ad  litem,  1110. 

Impaneling  and  challenging,  order  of  course,  1112. 
Injunctions,  how  cause  against  shown,  1113. 


1574  INDEX. 

[References  are  to  Pages.] 
RULES— U.  S.  DISTRICT  COURT,  SOUTHERN  DISTRICT  OF  CALIFORNIA- 

Continued. 
It  is  ordered,  1114. 

Instructions  to  jury,  when  must  be  presented  to  court,  1101. 
Instruments  upon  which  judgments  entered,  how  disposed  of,  etc.,  1111. 
Judgment-rolls  signed — Costs,  1101. 
Law  calendar,  when  and  how  disposed  of,  etc.,  1109. 
Matters  of  abatement,  1100. 
Memorandum  of  costs,  1102. 
Miscellaneous  rules  of  general  application,  11'09. 
Mondays  motion  days,  etc.,  1107. 
Moneys  paid  into  court,  how  disposed  of,  etc.,  1110. 
Motion  days,  order  of  proceedings,  1107. 

Motion  for  new  trial,  etc.,  not  to  delay  entry  of  judgment,  1105. 
Motions,  1107. 

Motions,  service  of  papers  and  time,  1107. 
New  trials,  1104. 

No  arrest  of  judgment  after  new  trial,  1105. 

Notice  of  motion  to  stay  proceedings  pending  motion  for  new  trial,  1105. 
No  waiver,  1105. 

Notice  of  seizures  and  of  time  and  place  of  hearing,  1115. 
One  counsel  to  examine  witness,  order  of  proceedings,  etc.,  1101. 
Orders  of  course,  when  may  be  entered,  etc.,  1111. 
Orders  on  depositories,  1111. 

Parties  appearing  in  person  must  designate  place  to  serve  papers,  1110. 
Pleadings,  how  amended,  etc.,  1109. 

Pleadings,  etc.,  how  engrossed,  paged,  numbered,  indorsed,  etc.,  1109. 
Proceedings  on  removal  of  causes  from  State  courts,  1114. 
Kecords  and  files  not  to  be  taken  from  the  clerk's  ofB.ce.  1111. 
Redemption  of  lands  sold  under  execution,  1103. 
Removal  of  actions  from  State  courts,  1114. 
Retaxation  of  costs,  1103. 
Sale  of  real  estate  under  execution,  1103. 
Service  of  summons  and  default,  1100. 
Schedules  of  title  furnished,  1101. 
Special  calendars,  1108. 
Taxation  of  costs,  1103. 
Under  internal  revenue  act,  1113. 

RULES— UNITED  STATES  LAND  OFFICE. 

Abatement  of  contest,  809. 

Abolished,  822. 

Abuse  of  privilege,  823. 

Accumulation  of  costs,  818. 

Additional  evidence,  819. 

Address,  809. 

Address  of  the  adverse  party,  810. 


INDEX.  1575 

[References  are  to  Pages.] 
RULES— UNITED  STATES  LAND  OFFICE— Continued. 
Address  for  service  upon  party  answering,  811. 
Affidavit  for  taking  deposition,  813. 
Affidavit  of  contest,  810. 
Affidavit  taken  as  confessed,  811. 
Argument,  820,  822. 
Argument  in  support,  822. 
Answer  by  contestee,  811. 

Appeal  from  decision  rejecting  application  to  enter  public  lands,  819. 
Appeal  from  the  commissioner  to  the  secretary,  820. 
Appeal  in  ex  parte  eases,  820. 
Appeals  to  commissioner,  817. 
Appeal  to  Secretary  of  the  Interior,  820. 
Application,  824. 
Application  contest,  808. 
Application  to  prove,  808. 
Attendance  oan  be  had,  812. 
Attorney  allowed  to  consult  records,  823. 
Attorneys,  823. 
Authority  of  attorney,  823. 
Briefs,  821. 
Certificate,  815. 

Certificate  of  official  character,  813. 
Charge  for  examining  testimony,  814. 
Commission,  813. 
Construction  of  rules,  823. 
Contents,  809. 

Contents  of  application,  808. 
Contents  of  notice,  817. 
Contest  fees  or  costs  allowed,  818. 
Contest  notice,  809. 
Contest  not  to  abate,  811. 
Contest  without  preference,  809. 
Continuance,  812. 

Continuance  on  behalf  of  the  United  States,  812. 
Costs  and  apportionment  thereof,  818. 
Copy  by  registered  mail,  810. 
Copy  posted,  810. 
Cross-examination,  815. 
Cross-interrogatories,  813. 
Custody  of  papers,  817. 
Date  and  notice  of  trial,  811. 
Defective  appeal,  821. 
Defective  service  of  notice,  811. 
Delay,  812. 
Demurrer  to  evidence,  815. 


1576  INDEX. 

[References  are  to  Pages.] 
RULES— UNITED  STATES  LAND  OFFICE— Continued. 
Deposition  by  stipulation,  813. 
Depositions  and  interrogatories,  812. 
Description,  808. 
Diligence,  812. 
Direction  to  answer,  809. 
Duties  of  local  officers,  819. 
Effect  of  ruling,  815. 
Examination  and  argument,  819. 
Excess,  818. 

Excluding  witnesses,  814. 
Ex  parte  proceedings,  824. 
Ex  parte  statements,  820. 
Failure  to  answer,  811. 
Failure  to  move  or  appeal  in  time,  817. 
Failure  to  serve  and  file  notice  o-f  appeal,  817. 
Fees  for  reducing  testimony   to   writing,   817. 
Fees  for  taking  testimony,  814. 
Final  proof  pending  contest,  816. 
Good  faith,  808. 
Grounds  of  contest,  808. 
Hearings  on  behalf  of  government,  818. 
How  computed,  824. 
Ho'W  served,  809. 
How  served  and  filed,  817. 
Initiation  of  contests,  808. 
Inquiries  directed  to  employee,  823. 
Intervention,  824. 
Joint  report,  815. 
Judgment  when  effective,  822. 
Letter  of  transmittal,  816. 
Manner  of  taking  deposition,  812. 
Matter  material,  812. 

Motion  for  exercise  of  supervisory  power,  822. 
Motio-n  for  rehearing,  820,  822. 
Motions,  820. 

Motions  for  review  and  rereview,  822. 
Name,  808. 

Name  and  postoffice  address,  823. 
Newly  discovered  evidence,  816. 
Newspaper,  810. 
New  trial,  815,  816. 
Notice  by  publication,  810. 
Notice  of  taking  deposition,  813. 
Notice  of  motion  for  new  trial,  816. 
Notice  thereof,  817. 
Notice  of  appeal,  819. 


INDEX.  1577 

[References  are  to  Pages.] 
RULES— UNITED  STATES  LAND  OFFICE— Continued. 
Notice  of  order  or  decision,  819. 

No  motion  entertained  after  record  transmitted,  820. 
Notice  of  appeal  from  commissioner's  decision,  821. 
Oath,  823. 

Objections  to  evidence,  815. 
One  witness,  809. 
One  continuance  only,  812. 
Oral  argument,  820. 

Oral  arguments  before  the  secretary,  822. 
Order  for  taking  testimony,  814. 

Order  directing  commissioner  to  certify  proceedings,  821. 
Papers  by  whom  prepared,  818. 
Personal  service,  809. 
Place  of  service  of  papers,  812. 
Pre-emption  cases,  814. 
Printed  arguments  preferred,  821. 
Proceedings  before  registers  and  receivers,  808. 
Proceedings  pending,  808. 
Proceedings   before  surveyors-general,  819. 

Proceedings  before  the  Commissioner  of  the  General  Land  Office  and  Secre- 
tary of  the  Interior,  819. 
Proof  of  publication,  810. 
Proof  of  posting,  811. 
Proof  of  service  of  notice,  824. 
Provisions  for  notices,  819. 
Published  notice,  810. 

Public  officers  not  to  receive  passes,  825. 
Public  utilities  law — Constitutional  provisions,  824. 
Public  utilities,  825. 

Railroads  or  other  common  carriers — Increase  of  rates  by,  825. 
Railroads  and  other  transportation  companies — Discrimination  forbidden,  825. 
Railroad  commission,  powers  and  duties,  825. 
Reference  and  investigation,  808. 

Register  and  receiver  to  personally  direct   examination,  814. 
Rehearings,  820. 

Rehearing  of  secretary's  decision,  822. 
Reply  to  motion,  822. 
Return  of  deposition,  813. 
Review  of  decision  thereof,  816. 
Ruling  thereon,  815. 
Security  for  costs,  818. 
Service  of  notice — Newspaper,  810. 
Service  of  notices,  809,  823. 
Service  of  notice  by  publication,  810. 
Shorthand,  815. 
Statement  of  costs,  818. 


1578  INDEX. 

[References  are  to  Pages.] 
RULES— UNITED  STATES  LAND  OFFICE— Continued. 

Statement  of  dates,  810. 

Statement  of  law  and  facts,  808. 

Summary  action,  820. 

Supervisory  power  of  secretary,  822. 

Suspense  of  action  after  decision,  821. 

Testimony  before  commissioner,  814. 

Testimony  to  be  reduced  to  writing,  815. 

Time,  823. 

Time  and  manner  of  answering,  811. 

Transmission  of  record,  822, 

Under  homestead  and  other  laws,  814. 

United  States  Land  Ofiice — Rules  of  practice,  808. 

Wihen  collected,  818. 

When  granted,  812. 

When  oflftcer  designated  cannot  act,  814. 

When  refused,  812. 

When  taken,  812. 

Where  party  affected  failed  to    appeal   from   decision,  821. 

Where  party  represented  by  more  than  one  attorney,  823. 

Where  trial  has  taken  place,  816. 

Where  party  contesting   establishes  right  of  entry  without  reference  to   act 
of  May,  1880,  818. 

Witness  resides  more  than  fifty  miles,  812. 

Witness  without     or  about  to  leave  state,  813. 

Witness  unable    or  will  refuse  to  attend    the   hearing,  813. 

Who  may  not  appeal,  817. 

Who  must  pay,  818. 

RULES— CALIFORNIA  RAILROAD  COMMISSION. 

Amendment  of  rules,  920. 

Application  for  acquisition  of  part  or  all  of  capital  stock  of  another  utility, 

915. 
Application  for  sale,    lease,    assignment,    mortgage    or    other    disposition    of 

property,  915. 
Application  for  new  construction   or  extensions,  913. 
Applications  for  order   authorizing   issue    of   stocks,   bonds,   notes   and   other 

indebtedness,  916. 
Applications  for  permission  to  exercise  franchises  and  permits,  914. 
Applications  for  relief  from  thirty-day  notice  rule — Long  and  short  haul,  918. 
Applications  for  safety  devices  at  railroad  crossings,  913. 
Complaints,  907. 
Definitions,  905. 

Deviations  from  rules — Authorizations  for,  920. 
Excessive   or   discriminatory   charges — Application   for   permission  to   refund, 

919. 


INDEX.  1579 

[References  are  to  Pages.] 
RULES— CALIFORNIA  RAILROAD  COMMISSION— Continued. 

Extensions  of  time  to  file  required  reports,  statements  cf  data,  or  to  comply 

with  commission's  order — Application  for,  919. 
Formal  proceedings,  906. 
Form  of  answer  to  formal  complaint,  923. 
Form  of  formal  application,  921. 
Form  of  formal  complaint,  920. 
Form  of  notice  of  hearing  on  complaint,  923. 
Form  of  order  to  satisfy  or  answer  a  complaint,  922. 
Form  of  published  notice  of  hearing  on  application,  924. 
Forms  prescribed  for  use,  920. 

General  applications — Matters  applicable  to  all,  911. 
Hearings  and  rehearings,  909. 
Increases  in  charges,  918. 
Other  applications,  920. 
Railroad  commission  forms,  924. 
Railroad  crossings,  912. 
Secretary  to  furnish  information,  906. 
Sessions  of  commission,  906. 
Switch  connections  and  spurs,  911. 
Value  of  property  of  public  utilities,  911. 

RULES— U.  S.  SUPREME  COURT. 

Adjournments,  1040. 

Appeals  and  writs  of  error,  1042. 

Assignment  of  errors,  1042. 

Attorneys  and  counselors,  1028. 

Bill  of  exceptions,  1*028. 

Briefs,  1036. 

Call  and  order  of  the  docket,  1039. 

Cases  from  Circuit  Court  of  Appeals,  1043. 

Certiorari,  1034. 

Clerk,  1028. 

Costs,  1038. 

Custody  of  prisoners  on  habeas  corpus,  1042. 

Death  of  party,  1034. 

Dismissing  cases  in  vacation,  1040. 

Docketing  cases,  1031. 

Form  of  printed  records  and  briefs,  1041. 

Further  praof,  1033. 

Interest,  lt)37. 

Interest,  costs  and  fees,  1043. 

Law  library,  1030. 

Mandates,  1043. 

Models,  diagrams  and  exhibits  of  materials,  1041. 

k       Motions,  1029. 


1580  INDEX. 

[References  are  to  Pages.] 
EUIiES— U.  S.  SUPREME  COURT— Continued. 

No  appearance  of  defendant,  1035. 

No  appearance  of  either  party,  1035. 

No  appearance  of  plaintiff,  1035. 

Objections  to  evidence  in  the  record,  1034. 

Opinion  of  the  court,  1039. 

Oral  arguments,  1037. 

Practice,  1028. 

Printed  arguments,  1036. 

Printing  records,  1032. 

Process,  1029. 

Rehearing,  1041. 

Supersedeas,  1041. 

Translations,  1033. 

Writ  of  error,  return  and  record,  1030. 

Writs  of  error  and  appeals  under  the  act  of  February  25,  1889,  chapter  236, 
or  under  section  5  of  the  act  of  March  3,  1891,  chapter  517,  1041. 
Section,  legal  subdivisions — Diagram  of,  26. 

SHERMAN  ANTI-TRUST  ACT,  183. 

Condemnation,  184. 

Damages,  184. 

District  of  Colombia,  183. 

Hearing,  183.  .  ' 

Jurisdiction,  183. 

Other  parties,  184. 

Persons  attempting  to  monopolize,  183. 

Persons  combining  guilty,  183. 

Persons  defined,  184. 

Procedure,  183. 

Process,  184. 

Property  in  transit,  184. 

Prosecuting  officers,  183. 

Seizure,  184. 

Sherman  Anti-Trust  Act,  183. 

Subpoena,  184. 

Temporary  restraining  order,  183. 

Trusts  in  territories,  183. 

Trusts  illegal,  183. 
Spanish  land  measure,  California,  26. 
Square  measure,  23. 
Square  measure — California  Spanish  land,  26. 

STATE  TAXES. 

Action  to  recover  taxes,  159. 
Agencies  of  foreign  banks,  143. 
Arbitrary  assessment,  153. 


INDEX.  1581 

[References  are  to  Pages.] 


STATE  TAXES — Continued. 

Assessment  of  franchise,  ho'W  ma^e,  154. 

Assessment  of  franchises,  152. 

Assessor's  report,  149,  153. 

Attachment  for  delinquent  taxes,  162. 

Banks,  auditors  to  report  assessment,  165. 

Banks  defined,  143. 

Bankruptcy,  158. 

Bank  reports,  151. 

Banks  in  liquidation,  154. 

Banks  taxed,  142. 

Basis  of  increase  1913,  IZt). 

Bill  of  sale  for  taxes,  157. 

Bond  debts,  167. 

Books,  production  of,  164. 

Cancellation  of  erroneous  assessment,  159. 

Capital  stock  of  public  service  companies,  147. 

Car  companies,  operative  property,  145. 

Certificate  to  assessment-roll,  156. 

Claim  for  credit,  159. 

Company  defined,  141. 

Continuing  business  after  forfeiture  of  charter,  163. 

Controller,  notice  when,  taxes  are  due,  by,  157. 

Controller's  receipt,  158. 

Controller's  settlements  with  county  treasurers,  168. 

Correction  of  assessment,  156. 

County  treasurer's  expenses,  169. 

Deficiency  tax,  169. 

Delinquent  notice,  161. 

Delinquent  penalties  on  relevy,  160. 

Dissolution,  158. 

Dividends  of  public  service  companies,  147. 

Divulging  information,  164. 

Electric  companies,  operative  property,  145. 

Equalization  of  assessment  of  banks,  165. 

Equalization  of  assessments  for  bo-nd  purposes,  166. 

Equalization  of  assessment  of  insurance  companies,  165. 

Erroneous  collection,  158. 

Examination  of  books  and  accounts,  164. 

Express  companies  operative  property,  145. 

Extension  of  time  for  filing  report,  154. 

False  report — ^Penalty,  154. 

Failure  to  certify  record  of  assessments,  156. 

Failure  to  report — Penalty,  154. 

Forfeiture  of  charter,  161. 

Form  of  reports,  151. 

Forma,  163.  i 


1582  INDEX. 

[References  are  to  Pages.] 
STATE  TAXES— Continued. 

Franchise  assessment,  152.  ^ 

Franchise  report,  152. 

Franchise  tax,  143. 

Franchises  defined,  143. 

Funded  debts  of  public  service  companies,  147. 

Gas  companies,  operative  property,  145. 

General  provisions  applicable,  160. 

Governor  may  divulge  information,  164. 

Gross  receipts,  148. 

Gross  receipts  from  operation,  144. 

Gross  receipts  from  interstate  business,  141. 

Improvements,  148. 

Income,  144. 

Inspection  of  property,  163. 

Instructions  as  to  operative  property,  146. 

Insurance  companies  taxed,  142. 

Insurance  commissioner  to  report,  150. 

Interstate  business,  144. 

Laws  continued  in  force,  169. 

Levy  of  tax,  160. 

Limitation  of  actions,  160. 

List  of  forfeitures,  161. 

Local  taxation,  operative  property  exempt,  145. 

Maps,  147. 

Market  value  of  stock  and  bonds,  148. 

Meeting  of  State  board,  154. 

Municipal  charges  for  special  franchises,  144. 

Municipal  defined,  141. 

Name,  resumption  of,  162. 

National  banks  taxed,  142. 

Notice  by  controller  of  due  date  of  taxes,  157. 

Notice  of  sale,  157. 

Notice  to  company  by  assessor,  149. 

Notice  of  completion  of  assessment,  155. 

Operating  expenses,  148. 

Operative  property  defined,  144. 

Operative  property  where  no  public  service  rendeied,  146. 

Owners  of  franchises  to  report,  152. 

Payment  to  state  treasurer,  158. 

Percentages  on  gross  receipts,  141. 

Plants  under  construction,  146. 

Proclamation  of  forfeiture,  161. 

Production  of  books  and  accounts,  164. 

Profit  and  loss,  148. 

Protest,  159. 

Property  improperly  claimed  as  operative  property,  149. 


INDEX.  1583 

[Beferences  are  to  Pages.] 
STATE  TAXES— Continued. 

Property  in  divided  use,  146. 

Public  service  corporations,  141. 

Publication  of  forfeitures,  161. 

Eailroads,  operative  property,  144. 

Eeal  estate  deducted,  142. 

Eeassessment,  159. 

Kecord  of  assessment  for  state  taxes,  156. 

Eefusal  to  report — Penalty,  154. 

Eelief  from  forfeiture,  161. 

Eeport  of  public  service  companies,  146. 

Eesidue,  disposition  of  after  sale  for  taxes,  157. 

Eesumption  of  former  name,  162. 

Eetaliatory  clause,  142. 

Sale  for  taxes,  157. 

Secretary  of  State  to  report,  151. 

Segregation  of  assessments,  166. 

State  banks  taxed,  142. 

State  board  of  equalization,  duties  of,  163. 

State  board  to  issue  instructions,  146. 

State  board  to  investigate  property  im-properly  claimed,  149. 

State  to  reimburse  counties,  169. 

State  to  reimburse  districts,  169. 

Subjects  taxed  exclusively  for  State  purposes,  140. 

Subpoenas,  163. 

Subsidiary  companies,  148. 

Suit  for  delinquent  taxes,  162. 

Summoning  officials  before  State  board,  163. 

Tax  has  effect  of  judgment,  158. 

Tax  lien,  158. 

Tax  rates  for  bonds,  167. 

Taxes  not  secured  by  real  estate,  when  collectible,  157. 

Taxes  when  delinquent,  156. 

Taxes  when  due,  156. 

Telegraph  companies,  operative  property,  145. 

Telephone  companies,  operative  property,  145. 

Unincorporated  banks,  143. 

Waiver  of  assessment  to  stockholders  by  banks,  154. 

Witnesses,  164. 
State  taxes — General  information,  171. 
State  taxes — Synopsis  of  laws,  173. 
Stockholders,  tax  on  nonresident,  58. 
Stock  of  foreign  corporations,  tax  on  stock  of,  58. 
Subdivisions  of  section — Diagram  of,  26. 
Subdivisions — Public  land,  25. 
Surface — Measures  of — Metric  system,  22. 
Surveyor's  measure,  25. 


1584  INDEX. 

[References  are  to  Pages.] 
Synopsis  of  divorce  laws,  37. 
Synopsis  of  tax  laws — State  taxes,  173. 

Table  of  credits  to  convicts,  34. 

TABLE  OF  FEES. 

Administrators,  975. 

Appraisers,  975. 

Assessors,  county,  975. 

Attorneys'  fees,  976. 

Attorneys,  solicitors  and  proctors  in  federal  courts,  976. 

Auditors,     976. 

Bankruptcy,  976. 

City  clerks,  977. 

City  treasurer,  978. 

Civil  service  commission,  978. 

Clerk  of  United  States  Supreme  Court,  1018. 

Collection  rates  adopted  by  the  Commercial  Law  League  of  America,  976. 

Constable,  978. 

Contested  elections  to  legislature,  986. 

Coroners,  986. 

County  auditors,  986. 

County  clerks,  986. 

County  recorders,  986.  i 

Torren's  title  fees,  989. 

County  surveyors,  989. 

'County  tax  collector,  990. 

Court  commissioners,  990. 

County  treasurer,  990. 

Depositions,  990. 

District  attorneys — State,  990. 

District  attorneys — United  States,  990. 

District  Courts  of  Appeal — Clerks'  fees,  990. 

Immigration  commissioner,  991. 

Industrial  accident  commission,  991. 

Inspectors  of  gas  meters,  991. 

Insurance  commissioner,  995. 

Jurors — Federal  courts,  993. 

Jurors'  fees,  992. 

Justices  of  the  peace,  993. 

Lost  property,  996. 

Medical  practitioners,  996. 

Naturalization,  996, 

New  trial,  815,  816. 

No  appeal  from  order  granting  new  trial,  816. 

No  fee,  1020. 

No  motion  entertained  after  record  transmitted,  820. 


INDEX. 


1585 


[References  are  to  Pages.] 
TABLE  OF  FEES— Continued. 
Notaries  public,  997. 
Notice  by  publication,  810. 
Notice  of  appeal,  819. 

Notice  of  appeal  from  commissioner's  decision,  821. 
Notice  of  motion  for  new  trial,  816. 
Notice  of  order  or  decision,  819. 
Notice  of  taking  deposition,  813. 
Notice  thereof,  817. 

Notices,  depositions  and  other  matters,  819. 
Oath,  823. 

Objections  to  evidence,  815. 
Official  reporters,  997. 
One  continuance  only,  812. 
One  witness,  809. 
Oral  argument,  820,  822. 

Order  directing  commissioner  to  certify  proceedings,  821. 
Order  for  taking  testimony,  814. 
Papers  by  whom  prepared,  818. 
Patent  office,  998. 
Personal  service,  809. 
Pilo'ts,  1000. 

Place  of  service  of  papers,  812. 
Police  judges,  lt)00. 
Port  wardens,  1001. 
Pre-emption  cases,  814. 
Printed  arguments  preferred,  821. 
Printers — Federal  courts,  1001. 
Proceedings  before  registers  and  receivers,  808. 
Proceedings  before  Surveyor  General,  819. 
Proceedings  before  the  commissioner  of  the  general  land  office  and  Secretary 

of  the  Interior,  819. 
Proceedings  pending,  808. 
Proof  of  posting,  811. 
Proof  of  publication,  810. 
Proof  of  service  of  notice,  824. 
Provision  for  notices,  819. 
Public  administrators,  1001. 
Published  notices,  810. 
Quarantine  officer,  1001. 
Eailroad  commission,  1001. 
Receivers  in  bankruptcy,  1002. 
Referees,  lO^OS. 
Referees  in  bankruptcy,  1003. 

»       Reference  and  investigation,  808. 
Register  and  receiver  to  personally  direct  examination,  814. 
Registered  letter,  811. 
100 


1586  INDEX. 

[References  are  to  Pages.] 
TABLE  OF  FEES— Continued. 
Reheariugs,  820. 
Reply  to  motion,  822. 
Return  of  deposition,  813. 
Review  of  decision  thereof,  816. 
Rules,  823. 
Ruling  thereon,  815. 
Secretary  of  State,  1003. 
Security  for  costs,  818. 
Service  of  notice,  810,  823. 
Sheriffs,  1005. 
Shorthand,  815. 

Stallion  registration  board,  1006. 
Stanford  University,  1006. 
State  board  of  architecture,  1006. 
State  'board  of  dental  examiners,  1'006. 

State  board  of  examiners  in  veterinary  medicine,  1006. 
State  board  of  fish  and  game  commissioners,  1006. 
State  board  of  health,  1007. 

State  board  of  medical  examiners,  1007. 

State  board  of  optometry,  1007. 

State  board  of  pharmacy,  1007. 

State  building  and  loan  commissioner,  1008. 

State  controller,  1008. 

State  dairy  bureau,  1008. 

State  treasurer,  1008. 

Statement  of  costs,  818. 

Statement  of  dates,  810. 

Statement  of  law  and  facts,  808. 

Summary  action,  820. 

Superintendent  of  banks,  1009. 

Superintendent  of  schools — County,  1010. 

Supervisory  power  of  secretary,  822. 

Supreme  Court,  marshal  of  United  States,  1011. 

Supreme  Court  of  California,  clerk  of,  1010. 

Surveyor  general,  1010. 

Suspense  of  action  after  decision,  821. 

Tax  collector,  1011. 

Testimony  before  commissioner,  814. 

Testimony  to  be  reduced  to  writing,  815. 

Time,  823. 

Time  and  manner  of  answering,  811. 

Transmission  of  record,  822. 

Trials,  814. 

Trustees  in  bankruptcy,  1011. 

Under  homestead  and  other  laws,  814. 

United  States  Circuit  Court  of  Appeals— Clerk,  1012. 


INDEX.  1587 

[References  are  to  Pages.] 
TABLE  or  FEES— Continued. 

United  States  commissioners,  1012. 

United  States  District  Court  clerk's  fees,  1014. 

United  States  marshals,  1015. 

University  of  California,  1011. 

When  collected,  818. 

When  officer     designated  cannot  act,  814. 

When  refused,  812. 

When  taken,  ai2. 

Where  party  affected  failed  to  appeal  from  decision  of  local  officers,  821. 

Where  party  contesting  establishes  right  of  entry  without  reference  to  act  of 

May,  1880,  818. 
Where  party  represented  by  more  than  one  attorney,  823. 
WTiere  trial  has  taken  place,  816. 
Who  may  not  appeal,  817. 
Who  must  pay,  818. 
Witness'  fees,  1019. 
Witness'  fees — Federal  courts,  1020. 
Witness'  fees — State  railroad  commission,  1020. 
Witness  resides  more  than  fifty  miles,  812. 
Witness  unable,  or  will  refuse  to  attend  the  hearing,  813. 
Witness  without  or  about  to  leave  State,  813. 
Witnesses — Compensation  of  seamen  sent  home  as,  1020. 

Table  of  interest  rates,  36. 

Taxes — Annual  license  domestic  corporations,  55. 

Taxes,  county — Synopsis  of  laws,  176. 

Taxes  for  state  purposes,  constitutional  provisions,  136. 

Taxes,  State — Synopsis  of  laws,  173. 

Tax  rates,  county— 1913,  182. 

Time  measure,  23. 

Time  table,  1371. 

Treasury  decisions — Excise  tax  law,  125. 

Troy  weight,  23. 

• 
Unfair  Competition  Act,  188. 

Value  of  property  in  each  county — 1913,  182. 
Values  of  foreign  coins,  24. 

Water  measurement — Convenient  equivalents,  28. 

Water — Miner's  inch  measurements,  27. 

Weights  and  measures — Domestic,  23. 

Weights — Metric  system,  22. 

Workmen's  compensation.     See  Industrial  Accidents. 


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